\( {' L I B H ^ R Y (iK ' Tin; Theological Seminary. PRINCETON, N. J. Case -^J^v-V-/' ,. ' /j^ Division. Shd0 \y^%lo ■ ^^- Book .1 THE PRESBYTERIAN DIGEST: A COMPEND OF THE ACTS AND DELIVERANCES OF THE GENERAL ASSEMBLY J. OP THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. COMPILED BY WILLIAM E. MOORE, D.D. 1873. PHILADELPHIA: PRESBYTERIAN BOARD OF PUBLICATION, No. 1334 CHESTNUT STREET. Entered according to Act of Congress, in the year 1874, by THE TRUSTEES OF THE PRESBYTERIAN BOARD OF PUBLICATION. In the Office of the Librarian of Congress, at Washington. WeSTCOTT & TUOMSON, Slereotypers and JEleclrotypers, Philada, INTRODUCTION. The want of a Digest of the acts of the Supreme Judicatory of the Presbyterian Church was early felt. In 1818 the following overture was adopted by the Assembly, viz. : " Resolved, That Drs. Janeway, Neill and Ely be appointed a Commit- tee, and they are hereby appointed, to extract from the records of the Gen- eral Assembly, and of the late Synods of New York and Philadelphia, all such matters as may appear to be of permanent authority and interest (including a short account of the manner in which missions have been conducted, and their success), that the same may be published for the information of ministers and their people in our churches ; and that they report the same to the next Assembly." — 1818, p. 673. The Committee reported to the next Assembly, and were authorized to complete the work on the plan reported, and to publish it at the expense of the trustees of the Assembly. — 1819, p. 713. The Digest thus authorized was published in 1820.— 1820, p. 727. In 1836, upon an overture on the subject of a new Digest, the Assembly — " 1. Resolved, That in the judgment of this Assembly it is expedient that a new Digest of the acts and proceedings of the highest judicatory of our Church be prepared and placed within the reach of all our ministers and elders. "2. Resolved, That Dr. John INIcDowell, Mr. Winchester and Mr. Duf- field be a Committee to prepare such a Digest, and report the same to the Assembly as soon as practicable, provided the expense of its publication be not defrayed out of the funds of the Assembly." — 1836, p. 262. Nothing, however, resulted from this appointment. Further action look- ing to the preparation of a Digest was taken by the respective Assemblies N. S., 1838, p. 661 ; 1849, p. l89; O. S., 1841, p. 447 ; 1848, p. 45. See more fully New Digest, Introduction, pp. 7-10, and Baird., Rev. Ed., Preface, pp. 5-8. In 1850 the Board of Publication issued a Digest pre- pared by the Rev. Richard Webster. In 1856 the Board issued the Digest prepared by the Rev. Samuel J. Baird. In reference to this work the Assembly — Resolved, That the thanks of this General Assembly are due to the Rev. Samuel J. Baird for the labor incurred by him in the preparation of the " Assembly's Digest," recently published by the Board of Publication. Resolved, That the Digest is earnestly commended to the attention and 3 4 INTRODUCTION. patronage of all iu our coimectiou, aud that any persons having sug gestious to make iu reference to any proposed improvement in the work are invited to make them to the author thereof before the issue of a new edition. — 1856, p. 535, O. S. A new and revised edition was issued by the Board in 1859. In 1854 the Assembly, N. S., took order, appointing a Committee, Rev. George Duffield, Jr., Henry Darling and Wm. E. Moore, with the stated clerk, Rev. E. F. Hatfield, D. D., to prepare and publish a new Digest, " if it can be done without expense to the Assembly." The Digest thus directed was prepared by Rev. Wm. E. Moore, and after delay, for want of funds, issued by the Presbyterian Publication Committee in 1861. It was ac- cepted with commendation by the xVssembly. — 1861, p. 463. The necessity of a more complete work which should combine the pre- cedents of the Church in all its branches, and bring them down to the latest date, was felt at once upon the reunion. The Board of Publication accordingly took action looking to this end. The Assembly of 1871 adopted the plan, as follows : " The Committee also call the attention of the Assembly to the action of the Board in reference to a new Digest of the Acts and Ordinances of the Presbyterian Church ; and it is recommended that the plan proposed on page 29 of the report be approved, and that the jModerator appoint th(} Committee, as recommended." The proposed plan (on page 29) is as follows : The attention of the Board having been called to the importance ol the preparation of a new Digest of the Acts and Ordinances of the Su preme Judicatories of the Presbyterian Church, brought up to the present time and suited to the circumstances of the united body, the following action was taken, upon which the judgment of the General Assembly is desired : Resolved, That it is expedient that a new Digest of the Acts and Deliv- erances of the Supreme Judicatories of the Presbyterian Church, from the year 1706 to the present time, be prepared and published by the Board. That this Digest contain under each chapter and section of the Form of Government, Book of Discipline and Directory, every decision which defines or explains it. Also, a complete Digest of all the rules of the several Boards of the Church as at present existing. That it omit whatever has become obsolete in the usage of the Church — e. g., in its benevolent operations — and all that pertains simply to matters of history. That it be requested that a Special Committee be appointed by the Gen- eral Assembly to examine and approve the book before it be issued. And it was recommended that the Rev. William E. Moore be requested to undertake the preparation of such a Digest. — 1871, p. 529. The following persons were appointed the Committee on the Digest, viz. : INTRODUCTION. O Edwin F. Hatfield, D. D, Alexander T. McGill, D. D., LL. D., and Rob- ert M. Patterson, Ministers, Hon. George Sharswood, LL. D., and Hon. William Strong, LL. D., Elders. — ih., p. 586. The Committee on the new Digest reported its completion by the com- piler and its approval by the Committee ; also, that it would speedily be published.— 1873, p. 480. The plan pursued has been to print entire " The Book," under its three heads oi' " Form of Government," ''Book of Discipline" and ''Directory for Worship." Under each chapter and section of these is given every deliv- erance or decision of the Assembly which serves to define or explain it. As the same or kindred subjects are found under different heads in " The Book," a system of cross references directs the inquirer to the decision sought, or the subject illustrated. The greatest labor has been expended here in classifying the acts of the Assembly under their appropriate heads. Repetitions have been freely made, where it would facilitate the use of the Digest in actual practice. The decisions of each of the Supreme Judica- tories of the Church, from the beginning in 1706, have been given. Of those from 1838 to 1869 inclusive, the Assemblies of 1869, in their concur- rent declarations, aflirm : " The official records of the two Branches of the Church for the period of separation should be preserved and held as making up the one history of the Church ; and no rule or precedent which does not stand approved by both the bodies should be of any authority until re-established in the united body, except in so far as such rule or precedent may affect the rights of property founded thereon." It will be seen, however, on comparing the decisions or deliverances of the two bodies during the separation, that in a very few cases indeed are they opposed or contrary to each other. In almost every case in which the two Assemblies have spoken upon the same subject they have uttered substantially the same thing. Even if not of " any authority " as binding law, most of these decisions will be found of the highest value, as expressing the deliberate judgment of the venerable bodies uttering them, upon points of constant recurrence. It is not likely^ that the united Assembly would now reverse any large proportion of the decisions of either body upon issues that are vet living. Under the discretion given, the compiler has omitted many of the earlier decisions, which are now found embodied in the Constitution. He has also omitted, with few exceptions, documents which are chiefly historical, and deliverances which pertain to the crises through which the Church has jjassed in the years long gone by. His duty, as he understood it, was to compile, not a history, but a Digest for the guidance of the judicatories of the Church. He has felt the more free to omit the history of the schisms of the past, because they are so fully recorded in the Digests heretofore prepared, and accessible to the investigator of history. He has not felt free to comment upon the de- 6 INTRODUCTION. cisions of the Assembly or to decide as to their force ; they have been left to speak for themselves. In every case the very words of the Assembly have been used, unless indicated by brackets. The discretion given has been used in a few cases in eliminating language offensive to either of the parties into which the Church was divided, but never so as to affect the meaning of the decision. The references in the Digest from 1706 to 1835 inclusive are to the three volumes published by the Board of Publication, viz. : " Records of the Presbyterian Church from 1706 to 1788," "Minutes of the General Assembly from 1788 to 1820," and " Minutes of the General Assembly from 1821 to 1835." From 1838 to 1869 inclusive, the references are to the an- nual minutes of the two Assemblies, designated respectively as O. S. and N. S. ; from 1870 to 1873 inclusive, to the annual minutes of the Assembly. With great diffidence the compiler submits his work to the judgment of the Church. It has been a labor of love indeed, but yet a labor of no common toil and perplexity. To decide under what head to place a given deliverance cost often anxious thought. Nor can he flatter himself that his judgment will always meet the approval of those who pass upon his work. Believing, however, that every decision and deliverance of the Supreme Judicatories upon subjects of living interest will be found in the Digest and under the general head to which each belongs, he submits it with the hope that its method will tend to make the- officers of our Church courts familiar with our incomparable Book, and with the j^rayer that its matter will be found to have made that Book so plain as to lessen, if not totally remove, all litigation. WILLIAM E. MOORE. Columbus, Ohio, 1873. SYLLABUS. I. -FORM OF GOYERI^ME]SrT. II. -BOOK OF DISOIPLIE"E. III-DIEEOTOEY FOR WOESHIP. iitCJUN 1881 THEOLOGIOl SYLLABUS BOOK I. FOKM OF GOVERNMENT. CHAPTER I. PRELIMINARY PRINCIPLES. I. " God alone is Lord of the Conscience." The right of Private Judgment inalienahle. The Civil Power to aid only by ivay of Protection and Security. II. The right of the Church to declare the Terms of Admission to its Communion and the Qualifications of its Ministers and Members. III. Christ hath appointed Officers to Preach the Gospel and Administer the Sacraments; also, to exercise Discipline. IV. Truth is in order to Goodness; is essential to Holiness. The connection between Faith and Practice is inseparable. V. All admitted as Teachers should be Sound in the Faith, But Charity is Duty where there may be Difference of Opinion. VI. Holy Scriptures define the Qualifications and Authority of Church Officers. But the Election to the exercise of this Authority is in the particular Society in ivhich it is to be exercised. VII. All Church power is Ministerial and Declarative simply. No Church Court may make Laws to bind the Conscience. Their Decisions should be founded upon the Word of God. VIII. Ecclesiastical Discipline moral in its object ; has no civil effect, and derives its force from its own justice and the blessing of God 43 Adoption op the Westminstek Standards. 1. The Overture laid over for a year. 2. The Confession of Faith, Larger and Shorter Catechisms of the Westminster Assembly adopted. 3. The " Directory for Worship, Discipline," etc., recommended. 4. Intrants and Candidates to adopt the Standards, a, b. 5. The Adopting Act to be inscribed in each Presbytery Book. 6. An Act explaining the Adopting Act. 7. Plan of Union of the Synods of New York and Philadelphia, 1758. Declarations of the Synod — a, as to the mode of adopt- ing the Confession ; 6, as to the Directory ; c, d, as to the authority of " Pardovan's Col- lections." 8. The Constitution as adopted in 1788: a, Form of Government and Discipline, and the Confession of Faith, ratified; how they may be altered; b, The Directory for Worship and the Catechisms amended and adopted. 9. Proof texts added by order of the Assembly, a, b, c. 10. Authority of the Notes ; the text alone contains the Constitution. 11. Use and Obligation of the Standards. 12. Subscription to them required in every case, 13. The Catechisms are an Integral part of the 2 9 10 SYLLABUS. Standards, a, b, c; d, The Heidelberg Catechism approved; e, Subscription to the Confession implies assent to the Catechisms. 14. Ministers who cannot adopt the Standards not to be received. 15. The Assembly refuses to alter the language of the Confession. Eelations of the Old and New School Assemblies, 1838- 1870. 16. Committee of Correspondence appointed, a ; The result, b. 17. Answers to Overtures on Reunion, N. S. 18. O. S. 19. Correspondence between the Assem- blies initiated, O. S., a; Response of N. S., 6. 20. Action looking to Reunion; Committees appointed, a, 6, 1866. 21. Report of the Joint Committee on Reunion ; terms proposed. 22. Action on this Report; Assemblies of 1867; a, the O. S. ; 6, the N. S. ; the Committee continued. 23. Second Report of the Joint Committee, 1868 ; proposed Terms of Reunion : a, Action of the Assembly O. S. approved and sent to the Presbyteries ; b, Action of the Assembly N. S. approved and sent down as an Overture. 24. Report of Special Committee on the above Report, N. S. 25. Modification proposed, O. S., a; Answer, N. S., 6. 26. Protest of E. P. Hum- phreys and others, a; Answer of the Assembly, b. 27. Answers of the Presbyteries to the Overture on Reunion — a, of the O. S. ; b, of the N. S. 28. General As- semblies OF 1869 AT New York : Committees appointed, a, b, by both Assem- blies. 29. Report of the Joint-Committee : I. Plan of Reunion ; II. Concurrent Declarations ; III. Recommendation of a Day of Prayer. 30. The Report adopted — a, by the O. S., b, by the N. S. 31. The adjourned meetings at Pittsburg, Novem- ber, 1869 : a, Report of the Stated Clerk O. S. ; b, Report of the Stated Clerk N. S. 32. Report of the Joint-Committee of Conference. 33. The Reunion declared a* of binding force. 34. The Reunion Convention. 35. The "Memorial" Resolv tion. 36. Plan of the Memorial Contribution. 37. Report of the Committee on the Memorial Fund 45 CHAPTER II. OF THE CHURCH. I. The Church rs the Kingdom of Christ. II. The Universal Church. III. Consists of many Particular Churches. IV. A Particular Church defined. 1. New Churches, how organized : a, Ordinarily by application to Presbytery ; b, Mode of Procedure ; c. Entering into Covenant; d. Election of Elders and Deacons; e, Reported to Pres- bytery, and taken under its care; /and g, Imperfectly organized congregations. 2. Who are the constituent members of the Church, a, b, c, d. 3. Of Trustees and Charters, a, b. 4. Control of Trustees over a House of Worship. 5. Respective rights of Trustees and Sessions, a ; to be decided by local laws, 6. 6. Congregations acting through their Trustees not responsible to the Presbyteries. 7. Decision of U. S. Supreme Court as to the relative rights of Trustees and Sessions 107 CHAPTER III. OF THE OFFICERS OF THE CHURCH. I. The Extraordinary and Temporary. II. The Ordinary and Perpetual. See under Chaps. IV. V. VI 112 CHAPTER IV. OF BISHOPS OR PASTORS. The Pastoral Office, its dignity, duties and titles. 1. Stated Supplies have not a Pastoral Relation : o, The Relation discouraged ; b, The Pastoral Relation enjoined ; c, d, The system of Stated Supplies unknown to our system ; e. Churches having Stated Supplies represented as if vacant ; /, Presbyteries should decline to ordain to serve as a Stated Supply. 2. Fidelity in Pastoral Duties enjoined, a, b, c 112 rOEM OF GOVEENMENT. 11 CHAPTER V. OF RULING ELDERS. Ruling Elders are the Eepresentatives of the People, a, Assistants to aid the Minister. 1. Tlie Eldership Essential to the Existence of a Presbyterian Church. 2. Elders must be duly elected and set apart. 3. A Ruling Elder without Charge has no seat in a Church Court. 4. He cannot hold office in two Churches at the same time ; 5. Nor adjudicate in a Church in which he is not an Elder. 6. He has the same Right to sit in Synod as in Presbytery. 7. Restoration after suspension from Church Priv- ilege does not Restore him to Office. 8. Elders are not to Participate in the Ordi- nation of ministers, by the Laying on of Hands, a, b, c, d. 9. They may not Ad- minister Sealing Ordinances. 10. May Explain the Scriptures and Exhort, in the Absence of the Pastor. 11. Are amenable to Presbytery, when the Session is In- competent to act 114 CHAPTER VI. OF DEACONS. Scripture Warrant for the Office. 1. Deacons have no Juridical Power, a. Their Func- tions and Duties, b, c. 2. The same Person may hold the Office of Elder and of Dea- con, if necessary. 3. The appointment of Deacons Enjoined. 4. The Deacons alone have control of Funds Collected for the Poor of the Church. 5. The Session may determine whether the Deacons shall Officiate on Sacramental occasions. 6. Dea- cons may not Represent the Church in its Courts 118 CHAPTER VII. OF ORDINANCES IN A PARTICULAR CHURCH. The Ordinances Enumerated. See, also, Directory for Worship 120 CHAPTER VIII. OF CHURCH GOVERNMENT AND THE SEVERAL KINDS OF JUDICATORIES. I. The Necessity of Definite form in Government. Our Church governed by Congrega- tional, Presbyterial and Synodical Assemblies 120 II. The Poiver of these Assemblies is wholly moral and Spiritual. It is Ministerial and Declarative. They possess the right — To require obedience, to the laws of Christ : To exclude . the Disorderly : To obtain Evidence and inflict Censure. The highest Penalty they can inflict is Exclusion of the Impenitent and Contumacious. 1. Union of Church and State Disavowed ; Relations of the Church to the State Defined. 2. The right of any Ju- dicatory to bear Testimony against erroneous and injurious Publications 120 CHAPTER IX. OF THE CHURCH SESSION. I. The members of the Session. The Pastor and Elders of that Particular Congregation. 1. A Session formed of Elders, not of that particular Congregation, is unconstitu- tional and its acts void, a, b, c, d. 2. An Elder may not adjudicate in any other Church than that of which he is an Elder. 3. A Minister may not sit as a corre- sponding member ; nor be assigned as Counsel. 4. Elders must be ordained before they can act judicially ; otherwise, the Decision is Invalid. 5. An Elder dismissed, and Returning his Letter unused, is reinstated in Office 123 12 SYLLABUS. II. Quorum of Session. The Paf:for must always be one, with two Elda's, if there he so many. 1. A Minister, with one Elder, may be a Quoruna, a, Where there is but one, b, c, Where Refusal to act or Incapacity leaves but One. 2. Less than a Quo- rum are incapable of any Organic Act 124 III. The Moderator of the Session. Ordinarily the Pastor. For Special reasons the Ses- sion may invite any other Minister belonging to the Same Presbytery to Preside. [Seu under IV., below] 125 IV. When a Church is without a Pastor. The Moderator may be the Minister appointed by the Presbytery for that purpose; or One of the Same Presbytery (See IV., above), or a Member of the Session. 1. Where a Minister is the Accuser, a Minister should Preside. 2. Who may Moderate the Session in the absence of a Pastor, a. b, Only ^ a Member of the same Presbytery, in cases contemplated in Section IIL and IV., Chap. IX., c. The Session to judge when it is impracticable to obtain a Mod- erator 125 V. Where there are more Pastors than One, they Shoidd Preside Alternately 127 VI. The Duties and Powers of the Church Session: To Maintain the Spiritual Government of the Congregation. 1. The Session has Original Jurisdiction over the Members of the Church, a, b, c, d. 2. Jurisdiction over a Suspended Member is in the Court which Suspended him. 3. A Church INIember may not be Excommunicated on Confes- sion. Confession may Shorten Process, but does not Dispense with Trial. 4. To Receive Members to the Church. The vote of the Session admits the Members to the Church ; those unbaptized must be baptized ; the Session may prescribe a Public Profession of the Faith, and Employ a Church Covenant; such Covenants Dis- cretionary. 5. An Unbaptized Person must make a Public Profession. 6. A Mem- ber Received from Another Church, should bring a Certificate. 7. "Members should be received only by an Individual Session, regularly constituted, a, For a Session to Receive those intending to belong to another Congregation, irregular, 6, also, to Receive Members from Churches of our connection who have not been Dismissed. 8. Representation in the Superior Courts Required, a, b. 9. Attendance of Elders npon Synods Enforced, a, b. 10. The same Elder who Represented his Session at a Stated Meeting must Represent it at an Adjourned Meeting. 11. Session may not Prohibit Collections Ordered by the Superior Court, a, b 127 VII. The Pastor may Convene the Session at his own Discretion, and must Convene it when Requested by Two Elders 132 VIII. The Session must keep full Records, and Submit them to Presbytery Annually, for Review. 1. The Records must be full. 2. Testimony in Judicial cases must be en- grossed. 3. Records approved may not be altered ; How an error may be cor- rected 132 IX. Register to be kept of Marriages, Baptisms and Admissions. 1. Reports to show only Actual Membership. 2. Ministers not to be Enrolled as Members of the Church they Serve 133 CHAPTER X. OF THE PRESBYTERY. I. The need of Mutual Counsel and Assistance; hence Presbyterial and Synodical Assem- blies 134 II, What constitutes a Presbytery. All the Minisleis, not less than five, and one Elder from each Church ivithin certain limits. 1. Presbyteries constituted of Ministers, a, b, c. 2. Presbyteries should be bounded by Geographical lines, a. Elective Affinity FOEM OF GOVERNMENT. 13 discouraged, 6. Exceptions, c, d. 3. Ministers, W. C, entitled to a seat. 4. An Elder, W. C, is not entitled. 5. Ministers living without the Bounds of their Pres- bytery to give Satisfactory Reasons, or be transferred to the Presbytery within which theyEeside. 6. Ministers, W. C, must unite with the Presbytery within which they Reside, or are Nearest to. 7. The above Rule Defined : Its meaning, that every Minister should be a Member of the Presbytery in whose bounds he Resides. 8. Presbyteries must be Defined by Geographical lines, or lines of Travel. 9. Pres- byteries may not be organized so as to cover the same ground 134 III. Every Congregation having a Pastor has the Eight to be Represented in Presbytery by an Elder, and an additional Elder for every additional Pastor. Term " Collegiate Cliurch " defined. 1. "A Ciuirch with more than one Pastor;" 2. " Two or more Churches united under one Pastor" 138 IV. Two or more Churches, united under one Pastor, are entitled to but One Representative. I. United Congregations Represented by but One Elder. 2. Where a Minister serves one Churcli as Pastor, and another, or others, as Staled Supply, each is en- titled to a Representative. 3. Churches in different Presbyteries under one Pastor as permitted by tlie Reconstruction Act 138 V. Every Vacant Congregation Entitled to a Representative. l.Every congregation which has not a Pastor is vacant, a, b, Even though it may be Statedly Supplied 139 VI. Presbytery may Require a Certificate of Appointment 139 VII. Quorum. Three Ministers and as many Elders as may be present. 1. A Quorum may consist wholly of Ministers, a, b; Explanatory, c. 2. Less than three Ministers not a quorum. 3. Less than a Quorum may adjourn ; any other act is void ; they can- not Receive aJMeniber so as to get a Quorum. 4. The Assembly, on petition, sanc- tions the Reception of a Member by less than a Quorum, a, b, c, d 139 VIII. Powers op the Pbesbytejiy. 1. To Receive and Issue Appeals and Refer- ences from Church Sessions, etc. See Book of Discipline, Chap. VII. Sees. I., IL, III. and IV 144 3. To Examine and License Candidates for the Ministry. Licentiates should be Regularly received and with caution ; a. Case of John McClean ; b. Case of Francis Hind- man ; c. Case of James McCoy. See under Form of Government, Chap. XIV., " Of Licensing Candidates" 144 3. To Ordain Ministers. 2. Ordination by a Commission, a; George Gillespie, b; Robert Wotherspoon, c/ David Evans, d. 3. Ordination by Foreign bodies not Approved of. 4. Lay Ordination is Invalid, a, b. 5. Rules for Receiving a Minis- ter from another Church ; the same Qualifications required as of our own Candi- dates : If found Qualified they are not to be re-ordained, but only Installed if called to settle over a Presbyterian Church, a, b. 6. Ordination procured by Deception and Fraud valid ; but Presbytery should at once Depose the Impostor. 7. Ordina- tion on the Sabbath at the Discretion of Presbytery. 8. Reasons for receiving an Ordained Minister to be Recorded. 9. Leave to Ordain Refused, where there is no Presbytery 145 4. T'o Install ifinisters. 10. The cognizance of settling Pastors belongs to Presbytery. II. A Pastoral Relation Recognized, without Installment. 12. The Presbytery may Refuse to Install, even where the Parties are Agreed 149 5. To Remove Ministers. 13. The Presbytery may Dissolve a Pastoral Relation at its own Discretion, a, b. 14. Presbytery dissolves Pastoral Relation by order of Synod. 15. A Pastor may not be Dismissed to a Body other than that to which his Church belongs 150 14 SYLLABUS. 6. To Judge 3Iin/isters. 16. The Presbytery is the Judge of the fitness of its Mem- bers. 17. It may Eeject an Applicant; 18. But not without Sufficient Eeason, a, b. 19. When a Presbytery has become extinct, and a Member of it is charged with an Ofl^ense, it is Optional with the Presbytery in whose bounds he lives to Receive and Try him, or not ; in tlie latter case, the Jurisdiction is in the Synod, 20. How Ministers and Licentiates are Received from Corresponding Bodies. 21. Ministers Dismissed in Good Standing should be Received on their Testimonials. 22. The Presbytery has the Right to satisfy itself in every case, and to Decline to Receive. The " Imperative Rule." 23. A Presbytery may not give a qualified Dismission ; Nor Receive a Member of a Presbytery except upon a Letter of Dis- mission from his Presbytery ; where the Reception is void, the name should be Stricken from the Roll. 24. Dismission may be to a Presbytery to be Erected. 25. To Dismiss by a Committee is Unconstitutional, a, b, c. 26. Rule for receiving Foreign Ministers. 27. The Rule Enforced, a, b, e. 28. Rule applies to one Seek- ing to be Restored. 29. Privilege lost by return to Europe. 30. The Rule applies to Canada, a, b. 31. One Educated and Licensed here, but settled abroad, excepted from the Rule. 32. Relaxation of the Rule Refused. 33. Waived in case of a Minister from a body in Correspondence. 34. The Rule Repealed, as to Ministers from the Presbyterian Churches of Great Britain. 35. Jurisdiction over Ministers non-resident, a, b, c. 36. A Presbytery may not Restore a Minister Deposed by Another. 37. One who has withdrawn can be restored only by the Presbytery from which he withdrew. 38. A Minister neither Suspended nor Dismissed, may not be Stricken from the Roll. 39. The Name of one Suspended is to remain upon the Roll, pending the final issue. 40. Deposition does not necessarily infer Excommu- nication ; Where so Intended, it should be so Expressed, a, b. 41. If a Deposed Minister persist in exercising the Functions of the Ministry, his Name to be Pub- lished 150 42. Questions Pertaining to the Ministry. 1. Of those who Withdraw from the Work of the Ministry, a, Case of one Struck from the Roll, b, If persistent, to be Excluded or Deposed by Discipline, c. Presbytery to Inspect the Fidelity of its Members, d, Reasons for Withdrawal to be Required and Recorded with Ap- proval or Disapproval, e,/, To be called to account, g. The Rule of 1834 enforced, h. 2. When Providentially Incapacitated, Ministerial Privileges Remain. 3. The Eight of Ministers, W. C, to sit in Church Courts Unimpaired, a, 6, c. 4 May hold civil office, in Special case. 5. May serve as Chaplain in the Army or Navy, a, b, c, d,e,f. 6. Demission of the Ministry, a, Directed, b, Permitted by Presbytery, Dis- allowed by Synod, c, d, Similar Action, e, A Full IMinute, Denying the Right to Demit. 7. Ministers are not to be I^nrolled as Members of the Churches they Seive. 8. One withdrawing from Presbytery Stricken from the Roll, a, b, c, d 161 ■7, To Examine and Approve, or Censure Church Records. 43. The Presbytery must Review the Records of the Session, a, b 170 8. To Resolve Questions of Doctrine or Discipline, Seriously Propounded 171 O. To Condemn Erroneous Opinions which injure the purity or peace of the Church... 171 10. To Visit Particular Churches ; to Inquire and Redress. 44. The right of Visitation asserted, a. Acts of Insubordination null and void, b. 45. Presbytery may, without petition. Direct an Elder to cease acting. 46. A Church may not Withdraw, with- out Consent of Presbytery, a, b. 47. When a Church wishes to withdraw — course to pursue. 48. Presbytery, on Visitation, may Di'sso/re a Church 171 11. To Organize, Unite and Divide Churches. 49. To organize Churches is the pro- vince of Presbyteries, Except in Frontier and Destitute Settlements. 50. Organiza- FOEM OF GOVERNMENT. 15 tlon on Petition of the Minority. 51. Presbytery Prohibits an Organization. 52. When New Congregations may be Formed. 53. Congregations should not be Divided ■without the Eequest of the People 173 IS, To Order Whatever Pertains to the Spiritual Welfare of the Churches. 54. Presby- tery, in its Discretion, Dissolves a Pastoral Relation, a, Minute in the case, b. 55. A Presbytery may not Dismiss a Church, without consent of Synod. 56. Power of Presbytery over Unemployed Ministers and Vacant Churches ; Mode of Proceed- ing 174 IX. The Records. To be kept Full and Fair. To Report to Synod Every Year all Im- portant Changes. See under Form of Government, Chap. XI., Sec. VI. 1. Narrative and all Important Papers to be Recorded. 2. Rules as to Reports to Synod Modified 177 X. Meetings of Presbytery. On its own Adjournment ; Pro re Nata ; How Called ; Who may Act ; On what Authority ; What Notice to be Given, and What Business may be Done. 1. Presbytery may Meet out of its own Bounds. 2. A Meeting pro re nata may not be called by a Moderator chosen at a Former Meeting, pro re nata, but only by the Moderator chosen at the Stated Meeting. 3. When Meetings pro re nata may be called. 4. Applicants for a Meeting pro re nata may Specify Time and Place, which the Moderator may not change 178 XI. At Every Meeting a Sermon should be Preached, if convenient, and Every Particular Session must be Opened and Closed with Prayer. 1. The Preacher need not necessa- rily be a Member of that Presbytery 179 "XII. Presbytery may Invite Ministers to sit as Corresponding Members ; To Deliberate, but not to Vote. 1. Leave given to Correspond with Local bodies, a, b, c. 2. The Ecclesiastical Bodies must be Named 180 CHAPTER XI. OF THE SYNOD. I. The Synod, a Convention of the Bishops and Elders icithin a District, including at least Three Presbyteries ; Ratio of Elders, the Same as in Presbytery. 1. Synod may not Refuse to Receive the Members of its Presbyteries, a, b, c, Nor enjoin the Erasure of their Names. 2. The Synods as Constituted by the Enabling Act of 1870. 3. Changes in the Boundaries of the Synods, a, b, c, d, e,f, g,h, i, k, 1 181 II. Quorum of Synod. Seven Ministers, but not more than Three Belonging to one Pres- bytery. 1. The Rule as to a Quorum must be Observed, a, Invalid Proceedings ; How Cured, b. Acts of Less than a Quorum, Void. 2. Session on the Sabbath for Busi- ness, Censured, a, b. 3. The Remedy when Synod fails to meet on its Adjournment, a, Less than a Quorum may Adjourn from Day to Day, The Moderator may fix time and place, b, The Assembly may fix both. 4. Pro re nata Meetings of Synod are Constitutional, a. The Moderator may call such Meeting, b, c. 5. The Mod- erator must Specify the Object for which it is Convened. 6. The Moderator has no power to change the Time of Meeting, a, b. 7. The Assembly may Change the Time and the Place 188 III. Rules as to Corresponding Ilembeis, Same as in Presbytery 191 rV. The Powers of the Synod. 1. To Receive and Issue Appeals, but has not Orig- inal Jurisdiction, a, b, c. 2. Appeals must be in Regular Order ; Parol Testimony may not Supersede the Records. 3. Synod may not Institute Judicial Process ; Such Proceeding Void. 4. The Synod may Reverse and Correct Proceedings on Complaint, but must Observe the Principles of Discipline. 5. The Synod haa 16 SYLLABUS. Jurisdiction over the Members of an Extinct Presbytery, 6. A Synod "visits" a Church to ascertain tlie acceptability of its Elders. 7. Directs a Presbytery to Dissolve a Pastoral Kelation 191 V. Meetings of the Synod. At least Annual; To be Opened with a Sermon ; Every Ses- sion to be Opened, and Closed with Prayer. 1. The Rule as to the Opening Sermon Literal, and to be Obeyed, a, b. 2. The Eecords should show that the Sessions were Opened and Closed with Prayer, a, b, c, d, e,f, g, h, i,j 193 VI. The Records must be full and fair ; They must he Submitted Annually to the Assem,' bly ; Report of Number of Presbyteries. 1. Eeport must be Full, a, b; Assigning Reasons for Decisions, c, d; Recording the Nature of the Action, e, f, g, h, i, Similar Defects, 2. The Eecords Should be Fair. 3. Must be Presented Annually, a, b. Reports to Assembly, c, d, Censure for Carelessness, e, and for not having Presented Annually, /, g, h, i. 4. The Records must Show all Changes in the Pres- byteries, a, b. 5. The Records should State the Body to which a Corresponding Member Belongs, a, b, c, d. 6. The Minutes Should be Read and Approved, a, b, e, d, e. 7. They should be Attested by the Stated Clerk, a, b, c. 8. Absentees must be called to Answer. 9. Their Names must be Recorded, a, b, c. 10. Synod may not Discipline Absentees, Without Trial. 11. A Narrative of the State of Religion Should be Prepared and Recorded, a, b, c 194 CHAPTER XII, OF THE GENERAL ASSEMBLY, I. The General Assembly the Highest Judicatory of the Church ; Its Official Title. 1. The Formation of the General Assembly, a, b. 2. Annual Organization of the Assembly. 3. Rules of Organization; Committee on Commissions, a; Committee of Elections, b, c. 4. Mode of Choosing the Moderator. 5. Installing the Modera- tor. 6. Communications Addressed to the Moderator. 7. He has only the Casting Vote. 8. When the Moderator will not Preside, a, b, c. 9. Rules as Adopted in 1871. 10. Officers of the Assembly. 1, The Stated Clerk; His Appointment, a / His Duties, b ; To Notify Presbyteries whose Commissioners have left Without Excuse, c; Stated Clerk to act as Treasurer of the Assembly; His Salary, d. 2. The Permanent Clerk; His Appointment and Duties, a, b, c, d; His Salary, e. 3, The Temporary Clerks, a, b; Choice not Confined to Members of Assem- bly, c, d 200 II. Bishops and Elders, to be Equal in Number ; Ratio and Style of Delegates. 1. The Ratio. 2. Where more are Elected than their quota, the last Elected are Refused. 3. Commissioners Should be Chosen who will Attend during all the Sessions. 4. Corresponding Members ; Not to be Invited. 5. Delegates from Other Bodies not now Entilled to Vote. 6. The Secretaries of the Boards ; The Stated and Perma- nent Clerks have the Privileges of Corresponding Members, a, b. 7, The Standing Committees of the Assembly, I.— XVIII 211 in. Quorum of the Assembly 217 IV. Duties and Poivers of the General Assembly. 1. The Assembly will not Ordinarily Decide Questions in thesi, a, b, c, d 217 V. Powers of the General Assembly. 1. Decisions and Deliverances on Doctrine. 1. Case of Samuel Harker. 2. Testimony against Universalism and Socinianism, a, ft, c. 3. Case of Hezekiah Balch. 4. Of William C. Davis; His Book— The Gospel Plan — Condemned. 5. Of Thomas B. Craighead. G. Of Albert Barnes, 7. Testimony against Doctrinal Errors. 8. An Explication of Doctrines, 9. Tes- FOEM OF GOVERNMENT. 17 timony against Certain Disorders and Irregularities. 10. Powers of the Assembly in Discipline; Definition and Limitations. 11. Testimony of the Assembly on the Outbreak of the Civil War, 1861. 12. Resolutions on the State of the Country, and Letter to the President of the United States, 1862, a, b. 13. Duty of Citizens to Sup- port the Administration, 1863. 14. Eesolutions Upholding the Government, 1864. 15. Upon the Assassination of President Lincoln, 1865. 16. Powers of the Assembly in Defining and Determining which are True and Lawful Judicatories. 17. Case of the Walnut St. Church, Louisville; The Assembly Passes upon the Validity of the Election of Ruling Elders, a, b ; The Case in the Courts of Kentucky, c; Ap- peal Directed to be Taken to the Supreme Court of the United States, d; Final Report; The Position of the Assembly Sustained by the Supreme Court, e; Report of the Case; Opinion of the Court, /. 218 3. Of Erecting New Synods; Altering their Bounds, etc., a ; Erecting, 6; Changing Boundaries, c; Transferring Churches, d/ Dissolving Synods, e 263 3. Of Erecting, Modifying, Changing and Dissolving Presbyteries, a. Of Erecting, etc., Carlisle, Huntingdon ; b, Columbia, Oneida, Albany ; c, Geneva, Detroit, Chenango ; d, Philadelphia, Second ; e, Philadelphia, Third ; /, Luzerne ; g, Wisconsin ; h, Ningpo, Amoy, Western Africa ; i, California, San Francisco, Oregon, Sierra Ne- vada and San JoSe; j, Yedo, Wyoming, Montana. 2. To Transfer Churches. 3. To Transfer Ministers, a, b. 4. To Receive other Ecclesiastical Bodies, a. The Presbytery of Suffolk ; b. The Presbytery of Charleston ; c. The Associate Reformed Synod ; d. The Presbytery of Pittsburg, of the Reformed Presbyterian Church. 5. -To Define the Succession of Presbyteries 263 4. Of Corresponding with Foreign Churches. 1. The Assembly alone may open Cor- respondence. 2. Proposals for Correspondence with the New England Churches. 3. Plan of Correspondence with the General Association of Connecticut. 4. The Plan of Union and action under it. 5. Correspondence with the Reformed Churches, o. With the Reformed Dutch Church ; b. Amendments of the Plan ; c, Proposal Declined ; d. Complaint against Presbytery of North River. 6. South- ern Presbyterian Church Recognized as an Independent Body. 7. Correspond- ence with the Southern Presbyterian Church, a, b, c ; d. Answer of the Southern Assembly ; e. Action touching the Southern Assembly Declared null and void. 8. Report on Foreign Correspondence, 1870. 9. Bodies with which the Assembly is at present in Correspondence, 1873. 10. Power of the Assembly to Expel a Member. 11. Deliverance on the Perils of our System of Public Education. 12. The Pas- toral, Letters. 1. On Missions. 2. On the Old French War, 1756. 3. On the Repeal of the Stamp Act, 1766. 4. On the Revolution, 1775. 5. Address to Wash- ington, 1789 ; Reply of the President, 1790. 6. On the Results of the French Revolution, 1798. 7. On the Disturbances in Kentucky, etc., 1804. 8. On the Sabbath, 1814. 9. On Christian Activity, 1817. 10. On prevalent Vices and Im- moralities, 1818. 11. On Revivals and their abuses, 1832. 12. On the Maintenance of Doctrinal Purity, 1839. 13. On Revivals of Religion, 1849. 14. On Diligence in repairing the Wastes of War, 1865. 15. On the Observance of the Sabbath, 1867 267 VI. diodes in which Changes may be made in the Constitution ; The Approval of a Ma- jority of Presbyteries Eequired. 1. Power of the Assembly to make Standing Rules. 2. .General Principles on which Amendments may be made, a, b, c ; In what way Doctrinal Portions may be Amended. 3. Amendments Approved by the Presby- teries, but not Adopted by the Assembly. 4. Where all the Presbyteries do not respond, the votes given are to be filed as the final answer of those Presbyteries, 3 18 SYLLABUS. unless reversed by them, a, b; But the AsBembly sends down the Overture again. 5, The Manner in which Answers to Overtures are to be Authenticated to the Assembly 325 VII. The Assembly to Meet at Least Once in Each Year ; How Opened; Who may Pre- side; Commissioners may not sit until Regularly Enrolled. 1. Adjourned Meetings of the Assembly ; Their Legality ; Opinion of Chancellor Kent. 2. The Adjourned Meetings of 1869, a, b. 3. Who may sit as Commissioners in an Adjourned Assem- bly, a, b. 4. The Assembly Excludes Commissioners from Sitting pending Inves- tigation, a, b ; Answer to Protest 330 VIII. Opening and Closing of the Assembly with Prayer ; Final Dissolution. 1. Speci- men of the Minute of Dissolution 332 The Chakter op the Trustees of the Assembly ; Style and Title, a ; The Charter Accepted, b; Mode of Electing Trustees, c; Kules of Intercourse between the Trustees and the Assembly, d; Adjustments on the Reunion, e 333 CHAPTER XIII. OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. I. The Mode in which Ecclesiastical Eiders should be Ordained to their Offices 337 II. Riding Elders and Beacons to be Chosen in the Mode most Approved, and in use in that Congregation ; Must be male Members in Full Communion. 1. Elders must be duly Elected and set apart. 2. The Session may Propose Names to the Congrega- tion. 3. A Meeting of the Congregation to Elect Elders can be called only by the Session, or some Higher Court. 4. The Remedy, if the Session Refuse. 5. A Superior Judicature authorizes the Meeting. 6. Irregularity of the Call does not necessarily Invalidate the Election, a; nor does Irregularity in the mode of Elec- tion Invalidate the Ordination, b ; Those Elected must be Members in Full Com- munion with that Church, a. 7. Ministers not Eligible, b; Because not Members of a particular Church, c ; An Exception made in case of Foreign Missionaries, d. 8. Uniformity in the Mode of Election deemed Impracticable. 9. The Mode most Approved and in Use may be Changed ; There should be a Direct Vote of the Congregation. 10. A Superior Judicature may not Interfere with the Mode in use. 11. Who are Electors of Ruling Elders and Deacons? «, Election not made Void where others than Communicants Vote; 6, Only Baptized Persons may Vote ; c, ami that Communicants only Should Vote Advised ; d, No Distinction to be made as to the Age of the Electors. 12. Election for a term of years; a. Declared Irregular; b, Overture to limit the Term of Service Declined ; c, d, e. Overture to make the Office Temporary refused ; /, Plan Condemned. 13. The right to Elect to Serve for a Terra of Years affirmed ; Judicial Case ; a. History of the Case ; b, Action of the Assembly ; c. Minute in the Case ; The Office Perpetual, but the Time of its Exer- cise Left to the Decision of the Church itself; d, Dissent ; e, Answer of the Assem- bly; Limitation of the Term of Service Constitutional 337 III., IV. Upon Acceptance of the Election, the Mode of Ordination and Installation. V. The Existing Session to give the Right Hand of Fellouship. 1. Mode of Ordina- tion ; Laying on of Hands Approved, a, b, c ; but left to the Discretion of tlie Ses- sion. 2. Ordination Essential to the Validity of the Judicial Acts of an Elder. 3. Must be Installed on Resuming Office. 4. Order of Installing an Elder already Ordained 346 FORM OF GOVERNMENT. 19 VI. The Office of Ruling Elder and Deacon Perpetual; But Either may Cease to Act. 1. Perpetuity of the Office Affirmed, a, h. 2. Restoration to Church Privileges does not Restore to the Eldership. 3. An Elder without Charge can sit in no Church Court 348 VII. Of the Way in which an Elder Incapable of Serving the Church to Edification, May be Relieved of the Functions of his Office; His own Consent or the Action of the Presby- tery must be had. 1. Elders who cannot obey the Superior Court should Resign. 2. They may Resign to promote the Peace of the Church. 3. The Superior Court directs to cease acting. 4. A Presbytery may direct an Elder to cease to act, with- out a request from the Session. 5. When an Elder is unacceptable ; the Remedy, to Memorialize Presbytery. 6. When an Elder Resigns Presbytery may not order his Restoration. 7. The Official Relations of an Elder terminate with his Dismission. 8. The return of a Letter, unused, Restores to Official Position 349 CHAPTER XIV. OF LICENSING CANDIDATES OR PROBATIONERS TO PREACH THE GOSPEL. I. The Scriptural Requirements; Reasons for Trial of Candidates; Prcsbyterie^t shcdl License. 1. Preaching without Licensure Condemned as Irregular, a ; Disapproved of, b. 2. On the Licensing and Ordaining of Women, a; Deliverance on the Sub- ject, b. 3. Education for the Ministry, a. The Board of Education Established ; 6, Charter of the Board ; c. The Permanent Committee on Education Established ; d, Charter of the Committee. 4. Boakd of Education of the Reunited Church. a, Constitution ; b, Act of Incorporation ; c, Act Authorizing Transfer of Property of Committee to the Board ; d, Rules of the Board of Education 352 II. Candidates to be under care of the Presbytery to which they naturally belong ; Defined ; Exceptions. 1. The Usage of the Olden Time. 2. Going Abroad for Licensure Dis- approved of. 3. Candidates for the Ministry should be placed under care of Pres- bytery ; a, Especially in their Theological Studies ; 6, As soon as Possible, and Licensed, Ordinarily by the Presbytery to which they belong; c. The Full Term should not be Shortened. 5. No Candidate to be Received until he has been a Communicant, and pursued his Classical Studies for a year. 6. Candidates must Connect themselves with the Presbytery to which they naturally Belong 364 III. Literary and Moral Qualifications Demanded ; Must be a Member of some Particular Church, and give satisfaction as to Experience and Motives ; TeMimonicds of Scholarship. 1. A liberal Education Required, a, b ; To keep pace with the Progress of Society and of liCtters, c. 2. Letter on the Thorough Literary Training of the Ministry. 3. Liberal Education waived in certain cases, a ; b. Case of John Gloucester, 4. Theological Instruction ; «, Overtures for the Establishment of a Theological School ; b. Plans Proposed ; c, Act Establishing the Seminary ; d, Agreement with Trustees of College of New Jersey, e, Terms of Agreement; /, Location fixed at Princeton. 5. The Seminaries : 1. Princeton ; Plan of the Seminary, a / Rules for Election of Directors, b ; Rale for Electing Professors, c; Plan as Amended by the Assembly of 1870, d ; Substitute for Art. II., Sec. 1, of the Plan. 6. Report Detailing the Origin of the Seminaries, and their Relations to the Assembly, 1870. 3. Auburn. 3. Western Theological Seminary; a. Proposition of the Assembly Accepted ; b, Plan of the Seminary ; c, Change of Name Authorized. 4. Lane ; The Assembly's Plan Adopted. 5, Union; a, Proposition to the Assembly; b, The Proposal Accepted by the Assembly ; c. Memorial of the Directors. 6. Dan- ville. 7. North- Western, a ; Plan of the Seminary Approved, b. 8. German Theo- logical School, Newark. 9. German Theological School of the North- West, Dubuque. 10. Lincoln University ; Oversight of Theological Department Accepted. U, San 20 SYLLABUS. Francisco. IS. Blackburn University. 7. Limitation of Time within which the Election of a Professor may be Vetoed 396 IV. Candidates to be Examined in Languages, Arts and Sciences, Theology, History, Sacra- ments and Church Government; Parts of Trial 397 V. The Presbytery to satisfy itself of the Candidates Piety, Literature and Aptness to Teach. Candidates should be well versed in the Catechisms, and furnished with Proof-texts 398 VI. Time of Study of Theology, at least two years. 1. a. Efforts to Extend the Term ; b, A Rule Requiring three years, Unconstitutional ; c, Overture sent down, but not Adopted. 2. Full Term of three years urgently Recommended, a, b, c; Licensure at a time which would prevent a full course, Disapproved. 3. A Pledge of Three Years' Study, demanded by the Board, not Unconstitutional 398 VII. The Questions to be Asked of the Candidates 399 VIII. The Form of Licensure. A "like form " may be used 400 IX. A Candidate, having pursued his Course Partially in one Presbytery, may be taken up and Licensed by Another 400 X. Testimonials to be Furnished when a Candidate Removes from the Bounds of his Pres- bytery 400 XI. License may be Recalled, if the Services of the Licentiate appear not to be to Edifica- tion of the Churches. 1. License Limited to Four Years ; Presbyteries to Endeavor to open the way for the Settlement of their Candidates. 2. The above Rule does not abridge the Power of the Presbytery to License in Extraordinary Cases. 3. Licentiates belong to the Laity, and are Subject to the Session of the Church to which they Belong ; b. But may Solemnize Marriage, where the Laws Expressly Authorize them so to do 401 CHAPTER XV. OF THE ELECTION AND ORDINATION OF BISHOPS, OR PASTORS, AND EVANGELISTS. I. Order of Procedure in the Election of a Pastor ; The Session to Convene the Congre- gation. 1. Steps to be taken by a Vacant Congregation, looking to the Election of a Pastor 403 II. Session to Procure a Moderator, unless highly Inconvenient 404 III. Notice to be given on Sabbath, from the Pulpit 404 IV. Mode of Procedure in the Election of a Pastor ; Who are Debarred from Voting, a, Those who Refuse to Contribute to his Support ; b. The Right of Voting not to be limited to Communicants, unless expressly so Limited by Charter ; c. Overture to confine the vote to Communicants not Adopted 404 V. Steps to be taken, in Case of a Minority Opposing 405 VI. Form of the Call. 1. Early Action in the Support of the Ministry, a; Glebe and Parsonage recommended, b. 2. Adequate provisions urged, a, b. 3. Liberality urged in Supporting the Ministry, a, b. 4. Presbytery may Refuse to Instal, when the Salary is Insufficient. 5. Congregations urged to procure Parsonages, a, b 405 VIL The Call may be Attested by a Committee, but the fact of its being Authorized must be Certified to Presbytery 409 VIII. The Call given is a Petition of the People for the Installment of the 3Ii7iister ; Ac- cepted, it is a like Request on his part ; A Candidate Ordained on a Call, shoidd at the Same Time be Installed 409 FOEM OF GOVERNMENT. 21 IX. Tlie Call must come through the Presbytery to which the Candidate belongs, and only through the Presbytery 409 X. How a Call may be put into the hands of the Licentiate of another Presbytery 409 XI. Trials fm- Ordination; In what the Candidate is to be Examined; A Fast before the Ordination Recommended. 1. Ordination on the Sabbath discouraged, but at the Dis- cretion of the Presbytery 410 XII. Order of Exercises in OrdinoXion ; Questions. The Assent Embraces the Larger and Sliorter Catechisms 410 XIII. Questions to be put to the Congregation 411 XIV. The Ordination, by Prayer and the Laying on of Hands; the Bight Hand of Fd- loivship ; Record to be made 412 XV. Ordination of an Evangelist, to Preach, Administer Sealing Ordinances and Organ- ise Churches in Destitute Places. 1. To Ordain Evangelists to labor in Feeble Churclies is Lawful and Right. 2. Case of Ordination of one who proposes to con- tinue Teaching. 3. Ordinations by Presbyteries to labor in the Bounds of Other Presbyteries Discountenanced. 4. Ordination, sine titido, a, b, c; Request Refused, d ; Granted, e, f g, h, i. 5. Overture on, Rejected, a, b. 6. A Censure for Ordina- nation, sine titulo, not Sustained 412 CHAPTER XVI. OF TRANSLATION, OR REMOVING A MINISTER FROM ONE CHARGE TO ANOTHER. I. No Bishop shall be Translated, or Beeeive a Call, but by Permission of Presbytery. 1. Removal without Consent of Presbytery Censured. 2. The Irregularity Excused, but Caution Enjoined 41G II. 3fode of Proceeding in Calling and Translating a Settled Pastor. 1. Consent of the Parties may Shorten the Process 41G III. Order of Procedure, where the Minister Called, and the Congregation Calling him, are in Different Presbyteries. 1. The Pastor to be Installed must belong to the same Presbytery with the Church over which he is Installed 417 IV. Listallment may be by Presbytery, or by a Committee ; and in this Orda': 418 V. On the Day Appointed and Published 418 VI. When the Presbytery has met, a Sermon shall be Preached, and the Constitutional Questions put to Both Parties; A Charge shall be given to Pastor and People 418 VII. The Bight Hand of Felloivship. 1. A Pastoral Relation without Installment Recognized 418 CHAPTER XVII. OF RESIGNING A PASTORAL CHARGE. The Steps to be Taken by Either Party Desiring to be Released. 1. Whether the Rela- tion should be Dissolved at the time when the Request is made, left to the Discre- tion of the Presbytery. 2. The Rule should be Rigidly Enforced. 3. Where the Parties are Agreed, the Relation may be Dissolved at the First ISIeeting. 4. A Meeting of the Congregation, without the Pastor, valid, where he had Requested the Dissolution. 5. A Synod Sustained where on Appeal, it Dissolves the Relation, on Petition of a Minority 419 22 SYLLABUS. CHAPTER XVIII. ON MISSIONS. The Duty and Poiver of the Presbytery, Synod and Assembly, i.i the matter of Providing for the Supply of Vacancies. 1. The Standing Committee on Missions Appointed ; Enlarged. 2. The Board of Missions. 3. Powers Enlarged, a, b. 4. Number of Members 422 I. The Boakd of Home Missions : Its Constitution, a ; Rules, b ; Charter, c ; En- abling Act, d 426 II. The Boakd of Foreign Missions. 1. Constitution of the Board. 2. Altera- tions. 3. The Committee on Foreign Missions. 4. The Organization of the Board of Foreign Missions, 1870. 5. Alterations necessitated by Legislation. 6. The Charter, a, 6 430 III. The Board of Education. See under Chap. XIV., Sec. I., 3 433 IV. The Board of Publication. 1. The Board Established. 2. Alterations and Enlargement of Plan, a, b. 3. The Publication Committee ; Its Powers and Duties, a, b, c. 4. Change of Name, and 5, Scope Enlarged. 6. The Trustees of the Presbyterian House to act as Trustees for the Committee. 7. The Board of Publication Organized, 1870. 8. The Sabbath School Work of the Board, a, b. 9. The Charter of the Board. 10. Rules 433 V. The Trustees of the Church Erection Fund. 1. The Organization in 1870. 2. The Plan. 3. The Charter. 4. The By-Laws 442 VI. Relief Fund for Disabled Ministers and the Widows and Orphans op Deceased Ministers, a, The Plan Adopted by the Assembly, O. S. ; b. The Plan of the Assembly, N. S. 1. The Plan Adopted 1870. 2. Rules and Mode of Distribu- tion 448 VII. The Presbyterian Committee of Missions for Frehdmen. 1. The Plan Adopted in 1870. 2. The Rules 451 VIII. The Sustentation Fund. 1. The Scheme Adopted 1870. 2. Conditions of Aid 452 IX. CoMivriTTEE ON BENEVOLENCE AND FINANCE. 1. The Plan Adopted in 1872. 2. The Rules 455 X. The Trustees of the Presbyterloi House. 1. Act of Incorporation. 2. Charter Accepted ; Duties of the Trustees, 3. To Act as Trustees of the Publica- tion Committee, 4. Declaration of Trust. 5. Title Executed to the Board of Pub- lication, 6. Trusts Transferred. 7. By-Laws of the Board 456 CHAPTER XIX. OF MODERATORS, I. The Necessity of a Presiding Officer 459 II. The Authority of the Moderator and his Duties. 1. The Moderator not Necessarily a Member of the Judicatory 459 III. The Moderator to be Chosen at each Session of Assembly and Synod, and by Pres- bytery at least Annually 460 CHAPTER XX, OF CLERKS, I. The Clerk to be Chosen to Serve During the Pleasure of the Judicatory. His Duties. 1. The Clerk not Necessarily a Member of the Court 461 BOOK OF DISCIPLINE. 23 CHAPTER XXI. OF VACANT CONGREGATIONS ASSEMBLING FOR PUBLIC WORSHIP. The Importance of Weekly Assevibling of God's People ; such Assemblies Encouraged for Prayer, Praise and Heading the Scriptures, etc., and that Elders and Deacons Preside. 1. Vacant Congregations Encouraged to Meet. 2. Elders to be Interrogated as to the Observance of the Rule. 3. Eight of Ruling Elders, in the Absence of the Pastor, to Explain the Scri]3tures and Exhort 461 CHAPTER XXII. OF COMMISSIONERS TO THE GENERAL ASSEMBLY. I. Commissioners to be Chosen at the Stated Meeting of the Presbytery next before the Meeting of the Assembly, unless the interval be too short. In that Case they may be Chosen at any Stated Meeting nst more than Seven Months before; Alternates to be Appointed. 1. The Rule Relaxed in the Case of Missionary Presbyteries, a, b, c, d, e. 2. Where a Presbytery Failed of a Quorum, the Assembly Refused to Receive a Commissioner, a, but in a Similar Case of a Missionary Presbytery a Commissioner was Admitted, on Request of Individuals, b, c, d. 3. Commissioners should Attend to the Close of the Sessions. Presbyteries to Require a Report on this Point, a, b. Presbyteries Recommended to Appoint only those who are Able and Willing to Remain to the Close, c. 4. Commissioners from New Presbyteries, a, to Furnish Evidence of the Organization of their Presbytery, b. 5. Commissioners, not Ruling Elders, under the Plan of Union. 6. A Commissioner having taken his Seat may not Resign to his Principal or Alternate. 7. Rule Dispensed with, under Peculiar Circumstances, a, b, c, d 462 II. The Form of Commission. 1. Sundry Irregularities and Defects in Commissions, but the Commissioners Received, a-l, the Usage. 2. The Assembly will not go Behind a Commission 468 III. The Expenses of Delegates should be Borne by the Bodies which they Represent. 1. The Commissioners' Fund. Former Plans. 2. During the Separation, a, b, c. 3. The Plan as Adopted at the Reunion. 4. Presbyteries Enjoined to Secure the Full Quota. Those Delinquent Censured 470 BOOK 11. OF DISCIPLINE. CHAPTER I. GENERAL PRINCIPLES OF DISCIPLINE. I. Discipline the Exercise of the Authority, and Application of the Laws which Christ hath Appointed in his Church 475 II. The Exercise of Discipline Necessary. Its Ends. Removal of Offences. Vindication of Christ's Honor. Benefit of the Offender. 1. Prompt Discipline best Fitted to Secure a Happy Issue 47o III. An Offence, Defined. Moral Questions. 1. Breach of Sabbath Observance. Discipline Enjoined. 2. Theatrical Exhibitions and Dancing Condemned, a. 24 SYLLABUS. Dancing a Dangerous Amusement, and to be Discouraged, b. Promiscuous Dan- cing Calls for Faithful and Judicious Discipline, c. Social Dances and Private Theatricals Condemned by the 139th Question of the Larger Catechism, d. The Session Competent to Decide in each Case, when Discipline is Required, e. Tlie- atre-going and Card-pla^-ing Discountenanced, /. An Extended Deliverance on the Opera, the Theatre, the Dance and Card-playing. 2. Gambling, Lotteries, Horse-racing, Betting, etc., Condemned, a. Lotteries Immoral in their Nature and Ruinous in their Efiects. Dealing in them to be Avoided, even where the Professed Object is Praiseworthy, b. 3. Dueling a Violation of the Sixth Commandment. Duelists to be Excluded from Church Privileges. 4. Slavery and Slave-holding Utterly Inconsistent with the Law of God. 5. Intemperance, a, b. Abstinence Urged from the Common Use of Ardent Spirits, c, d. Day of Fasting in View of. the Evils and Sin of Drunkenness, e. 6. Entire Abstinence from the Use of Ardent Spirits, «, b, c. Wines and Fermented Liquors, d. Entire Abstinence from all that can Intoxicate, e, f. 7. Manufacture of and Traffic in Ardent Spirits, a, b, c. Deeply Deplored, but may not be made a Terra of Communion, d. 8. The Manu- facture and Sale of Intoxicating Drinks an OfTence. 9. Prohibitory Laws Endorsed, a, b. 10. Relation of Temperance and other Moral Societies to the Church, a, b. 11. Authority of the Deliverances on Temperance. 12. Willful Absenting One's Self from the Ordinances of God's House an Offence, a. Case of Alexander Frazer, b. Case of Alexander Gordon, c. Case of Mr. Rowland, d. Discipline Enjoined, e, but may not be without Trial. 13. Deliverance on 3Iarriage, Divorce and Infanticide 475 IV. Nothing to be Judicially Counted an Offence which cannot be Proven snch by Scripture, a, New Terms of Communion will not be sustained, b, Where Conduct is Disap- proved Generally, each Case must be Judged by its own Circumstances 495 V. Exercise of Discipline Calls for Great Wisdom and Prudence in Adapting the means to the End in View. 1. The Censure must be Proportioned to the Offence, a. Case of Jabez Spicer, 6. Case of George Browne ; Sentence Reversed and New Trial Ordered, c. Case of David Price, d. Session Recommended to Revoke its Sentence and Admonish. 2. Great Tenderness Enjoined upon the Lower Courts 495 VI. All BapLlzed Persons Subject to the Discipline of the Church 497 VII. Offences, either Public or Private 497 CHAPTER II. OF PRIVATE OFFENCES. I. Private Offences Defined 497 II. Such should not be Immediately Prosecuted before the Courts of the Church 497 III. Complaint shall be Entertained only ivhen Private Means have Failed. 1. In Actual Process no Testimony may be Introduced Injurious to Parties not on Trial 497 IV. Those ivho bring Information of Private Injuries without having taken these Previous Steps to be Censured 498 V. 2'o Spread the Knowledge of an Offence, except in the Way of Duty, is Slander, a, b. 498 CHAPTER III. OF PUBLIC OFFENCES. I. A Public Offence, such as Bequires Notice of a Judicatory 499 II. The Cases Defined. Notorious and Scandalous, and Incapable of Removal, but by Judicial Action 499 BOOK OF DISCIPLmE. 25 III. Offences not always to be Prosecuted. Failure of Proof Weakens Authority 499 IV. In Case of Common Fame, the Steps Necessary in Private Offences need not be Taken 499 V. What Benders it Proper that a Judicatory should take Notice of an Offence on Fama Clamosa 499 VI. The Party Slandered may Bequest a Judicial Investigation, which the Judicature shall Institute 499 CHAPTER IV. OF ACTUAL PROCESS. I. All other Means Failing, the Proper Court shall take Judicial Cognizance of the Offence. 1. Judicial Cases should be Continued without Interruption 500 II. Two Modes of Bringing an Offence before the Court : by Individual Accusers, or by Common Fame 500 III. In the Former Case, Process is in the Name of the Accuser. In the Latter, no Accuser is Named 500 IV. Great Caution to be u^ed in Beceiving Accusations from those of Malignant Spirit, Bad Character, under Process, Interested in Convicting, or Litigious and Bash. 1. Ad- monition to Prosecutors 500 V. What may be done at the First Meeting of the Judicatory. 1. Censure without Trial is Informal, a, b. 2. A Judicatory may not Suspend without Trial. 3. Nor Cen- sure an Absent Person without Citing him. 4. Exclusion may not be without Trial 501 VI. Citations, how Issued and Authenticated. Citations to be Issued for Witnesses for Defence 502 VII. The Accused is not Bequired to give Notice of the Witnesses he Intends to bring Forward. 1. He may not be Required to State what he Expects to Prove by his Witnesses 502 VIII. Time, Place and Circumstances should be Definitely Stated in Making Charges. 1. The Charges should be Specific, a, Especially in Cases of Heresy, b, c 502 IX. The Judicatory may Proceed by Way of Conference with the Accused 503 ^. If a Citation be Disregarded, a Second shall be Issued, and on Befusal the Becusant to be Excluded for Contwmtcy until he Bepent. 1. Contumacy is not to be Hastily Inferred. Case of Craighead. 2, Proceedings in Case of Contumacy. 3. The Contumacious Restored on Submission 503 XI. If the Person Cited shall Declare his Befusal to Obey, he shall yet be Cited again. 1. Contumacy is not to be Charged on a First Citation. 2. If the Accused Plead Guilty, the Forms of Process may not be Dispensed with, a. If he Confess Judg- ment, the Process may be Shortened, but not Dispensed with, b 504 XL The Time in First Citation must be at least Ten Days. In Subsequent Citations at the Discretion of the Court 505 XIII. Second Citation to be Accompanied with Notice that on Non-appearance the Cited will be Censured for Contumacy, and the Court tcill Proceed as if he were Present. 1. In the Absence of the Accused, Counsel must be Assigned. 2. Order of Proceeding in Case of Contumacy, a, when the Judicature has Taken the Testimony as above. It may Proceed to Pass Judgment thereon, as if he were Present 505 4 26 SYLLABUS. XIV. TJie Court should Ascertain that their Citations have been duly Served before PrO' ceedincj to Judgment 510 XV. The Trial must be Fair and Impartial. 1. Censure may not be Inflicted without a Trial, a, b 5X0 XVI. Judgment shall be Entered on the Records of the Judicatory. Parties Entitled to Copies. In Appeals, etc., the Judicature shall Send up Authentic Copies of the whole Process. 1. Appellant Entitled to a Copy of the Sentence. 2. What is an Authentic Copy. A Copy made by Appellant not Sufficient, a. To be under the Hand of the Clerk, b. 3. The Case Remanded when the Courts below Eefuse to Send up the Documents, a, b. All the Documents in the Case Required, c 511 XVII. What Censure is to be Inflicted on the Guilty. 1. Censure not to be Removed without Evidence of Repentance 512 XVIII. Suspension from Privileges Pending Trial. 1. The Accused may be Suspended from the Exercise of Ministerial Functions Pending the Issue of his Case 513 XIX. Sentence Ordinarily to be Published only in the Church in which the Offence was Committed, or it may be only in the Judicatory 513 XX. The Incorrigible are to be Excommunicated 513 XXI. No Professional Counsel Allowed. But a Member of the Judicature may Aid. Those Acting as Counsel may not Sit as Members of the Judicatwy. 1. No one not a Member of the Judicatory may Act as Counsel. 2. Professional Counsel in all Cases Excluded. 3. One Acting as Counsel may Speak in any Discussion on the Adoption of a Minute in the Case. 4. Counsel Assigned by Request of Parties, a, b. Assigned by the Court, c 513 XXII. Questions of Order to be Determined by the Moderator, Appeal from his Decision without Debate 514 XXIII. Peasonsfor all Decisions, except XXII., to be Recorded at Length. And noth- ing but what the Record Shows may be Considered on Review of Proceedings. 1. Rea- sons for Decisions must be Recorded in Full, a, b, c, and must be Satisfactory, d. Case Ordered to a New Trial for Failure to Record Reasons for a Decision, e. 2. All Testimony before the Court should be Engrossed on the Book of Permanent Records, a. But Filing the Testimony Declared to be SufBcient, b. 3. Testimony not on Record Admitted by Consent, a, b. 4. Records should Contain the Results of Interloquiturs in a Case, a, also the Report of the Judicial Committee on the Case, b 515 CHAPTER V. OF PROCESS AGAINST A BISHOP OR MINISTER. I. The Presbytery Jealo^isly to Ghiard the Conduct of all its Members, but Neither to Screen Offences nor Lightly to Receive Charges 517 II. Process against a Minister must be Entered in his mvn Presbytery. The Principles Laid down in Chap. IV. Apply to Ministers. 1. Discipline of a Minister by Another than his own Presbytery not Permitted. 2. Even when Non-resident, a, Nor does Difficulty of Process Relieve the Presbytery of Responsibility, b, Discipline by Boards of Missions not Recognized, c. The Board may Exercise Discretion as to Appointment. 3. On Petition for Restoration, the Case Transferred to the Presby- tei-y within which the Respondent Resides, a, 6 517 BOOK OF DISCIPLINE. 27 III. If the Fads Charged happened within the Bounds of Another Presbytery, that Pres- bytery may Cite the Witnesses or take the Testimony. 1. A Suspended Licentiate can be Restored only by the Presbytery which Suspended him; Another may take the Testimony. 2. Such Presbytery may take the Testimony, but not try the Case... 519 IV. The Presbytery ivithin whose Pounds an Offence is Committed shall Notify the Pres- bytery to xchich the Accused Belongs of the Fact. Testimony may be taken by Either Presbytery. 1. The Presbytery within whose Bounds an Offence is Committed has Performed its Duty when it Informs the Presbytery to which the Offender belongs of the Allegations and the Grounds of them 520 V. Process shall not be Commenced without a Prosecutor, unless the Scandal be of Common Fame. 1. An Action based on Common Fame, Sustained. Informalities before Trial Waived by Act of the Accused 521 VI. If a Minister is known to be Guilty of a Private, Censurable Fault, he is to be Warned in Private. If he Persists, Advice is to be Taken. 1. The Character of the Absent may not be Impeached in Discussion 521 VII. The Prosecutor, Failing to Prove his Charges, to be held Guilty of Slander. 1. Failure to Prove Charges Incurs the Censure of Slander. 2. The Character of the Absent is not to be Involved, and Scandalous Assertions will not be Admitted unless under Charges Tabled. 3. The Sentence for Slander must be Inflicted only after the Trial 522 VIII. Complaint must be in Writing. Nothing may be done at the First Meeting, but to give a Copy of Charges and Names of Witnesses, and Cite the Parties 524 IX. Suspension Pending Process, Discretionary. 1. Suspension from the Ministry dur- ing Process, a, b. 2. Suspension from Privileges of Membership, a, b 52-4 X. At the Next Meeting the Accused shall be Called to Plead, if he Confess, and the Matter is Flagitious, the Presbytery inust Proceed to Suspend or Depose 525 XI. On Refusing a Second Citation, he shall be Suspended, and on the Third, Deposed as Contumacious 525 XII. If he Plead not Guilty, the Presbytery shall Act According to the Testimony in the Case 525 XIII. In Charges of Heresy, the Presbytery to Judge Carefully as to the Nature and Tend- ency of the Errors, and Act Accordingly 525 XIV. A Minister Charged ivith Heresy should be treated Tenderly. Dangerous Errors may Demand Suspension 525 XV. If the Offence Charged be of Infirmity and Amendable, Prudent Measures are to be used to Remove the Offence 525 XVI. Hasty Restoration of the Deposed to be Avoided, nor should it be, until Demanded by the Sentiments of the Religious Public. 1. Caution Enjoined in Restoring a Min- ister. Case of A. C. Collins, a, b. 2. A Presbytery other than that which Deposed, Authorized to Restore. Case of George Bourne. 3. The Assembly on Memorial Advises Restoration, the end of Discipline being Gained. Case of A. McQueen. 4. Deposition does not Necessarily Infer Excommunication, a. When both are Intended, it should be Explicitly so Stated, b. 5. A Suspended Minister may not Exercise any Functions of the Ministry. 6. He does not Rank as a Common Christian in Good Standing. 7. The Names of Deposed Ministers to be Published if they Attempt to Exercise any Function of the Ministry 526 XVII. When a Minister is Deposed, his Church is to be Declared Vacant 523 28 SYLLABUS. CHAPTER VI. OF WITNESSES. I. All Persons not Competent as Witnesses, and all Witnesses not Credible ; Impartiality Demanded 528 II. A Competent Witness Defined. Things that Affect his Competency. 1. A Prosecutor in any Case is not Excluded from Bearing Testimony in that Case 528 III. Either Parly may Challenge a Witness; the Judicatory must Hear and Decide... 529 IV. The Credibility of a Witness, How Affected, 1. A Husband or Wife may be Allowed to Testify where Either is Interested 529 V. A Husband or Wife shall not be Compelled to Testify against each other 529 VI. The Testimony of more than one Witness Necessary to Convict, but Several Witnesses to Similar Acts may Establish a Cliarge 529 VII. Witnesses must be Excluded, unless by Consent of Parties 529 VIII. Order of Examination of Witnesses ; No Question Allowed, but by Permission of the Moderator 530 IX. Form of the Oath or Affirmation. 1. The Authority for Administering a Judicial Oath. 2. Testimony should be under Oath and on Record 530 X. Questions must be Reduced to Writing, and Answers Recorded, if so Desired by Either Party 531 XI. 2%e Records of a Judicatory Regularly Authenticated, shall be Good Evidence in any other. 1. Testimony Attested by Moderator and Clerk Valid in References as in Appeals 531 XII. Testimony Taken by one Judicatory and Certified, shall be Valid in any other... 531 XIII. Testimony Taken by a Commission 531 XIV. Both Parties may Comment upon the Testimony 531 XV. A Member of the Court may be Called to Testify and then Resume his Seat. 1. Re- fusal to Testify would Subject him to Censure for Contumacy 531 XVI. A Member of the Church Refusing to Obey Citation or to Testify, to be Censured for Contumacy. 1. A Minister Cited to Testify before the Session, must Obey 532 XVII. Testimony must be Faithfully Recorded, and Read to the Witnesses for their Ap- proval 532 CHAPTER VII. OF THE VARIOUS "WAYS IN WHICH A CAUSE MAY BE CARRIED FROM A LOWER JUDICATORY TO A HIGHER. I. The Design of Courts of Appeal ; the Whole Church Sits in Judgment upon the Acts of a Part 532 II. Every Kind of Decision of any Judicatory, except the Highest, Subject to the Review of a Superior. 1. The Assembly may not Reverse the Judicial Acts of a Prede- cessor, unless Error is Shown, a. The Assembly, however, may Review the Course of a Predecessor, b. But may not Revise its Proceedings, c. 2. If Error is Shown to Exist, the Assembly will Correct it. 3. The Assembly will Adhere to the Rule Above 532 BOOK OF DISCIPLINE. 29 CHAPTER VII. Section I. GENERAL REVIEW AND CONTROL. I. The Superior Judicatories must Review the Records of the Inferior at least Annually. 1. Annual Review Kequired and Enforced, a, b, c, d. 2. Minutes once Approved can be Corrected only by Recurrence to the Highest Court which has Endorsed the Mistake. 3. Records of Meetings just held may be Demanded for Review. 4. Copies of Originals Accepted only in Extraordinary Cases, a, b, c. 5. Members of a Judicatory may not Vote upon Review of their own Records, a, b 534 II. The Review is to Ascertain whether the Proceedings have been — 1. Constitutional and Regular; 2. Wise, Equitable and for Edification ; 3. Correctly Recorded. 1. Uncon- stitutional and Irregular, a, 6, c. A Synod may not Initiate Judicial Proceedings against a Minister 536 in. If Censure is Passed, it shoidd be Recorded in the Booh Reviewed. If Irregularity be Found, the Judicature may be Required to Correct its Proceedings. 1. The Records must be Full ; Reasons for Decisions must be given, a, b, and must be Satisfactory, c. The Subject-matter of the Decision must be Stated, d, e. 2. Exceptions taken by a Court of Review must be Recorded on its own Minutes, a, b, c, d, e. 3. The Lower Courts must Respect the Decisions of the Superior, a, b. 4. A Synod is Censured for Failure to make a Deliverance. 5. Censured for Insubordination, a,i,c 537 IV. A Judicial Decision may not be Reversed on Review, a, b 540 V. Where it Appears by Common Fame that an Inferior Judicatory has been Guilty of Neglect, etc., not shown by the Record, the Superior Court is to Proceed as if by Review. Illustrations of the Principle, a, b 540 VI. In Case of Delinquency, etc., the Superior Judicatory is to Cite the Judicatory Offend- ing, and Remit the Matter to it for Proper Action. 1. Citation of Judicatories on Review or on Common Fame, a, b 541 CHAPTER VIL Section II. OP REFERENCES. I. Reference Defined; It should be always in Writing. 1. The Right to Petition and to Memorialize the Assembly Affirmed, a, b. 2. One who does not Submit is De- barred 542 II. Cases in which Reference is Proper Stated. Instance of References Received, a, b, c,d,e,f 543 III. References are for Advice or for Trial, a, b 544 IV. Reference for Advice Suspends the Decision; Reference for Trial Remits the whole Case to the Decision of the Court Above; an Example of the Latter 544 V. Reference Discouraged. Each Cowt shoidd Meet its own Responsibilities 545 VI. The Court Above not Obliged to Ansmer a Reference, but may Remit the Cause with or without Advice, a 545 30 SYLLABUS. VII. In Case of Reference, the Members of the Court Referring Retain all their Rights of Deliberating and Voting 546 VIII. References Generally to be Carried to the next Higher Court, 1. Reference Directly to the Assembly from a Presbytery, a, b, c, d 546 IX. The Judicatory Referring should have the Case Fully Prepared for Issuing without Delay. 1. Testimony under Signature of the Moderator and Clerk is Duly Authen- ticated. 2. The Judicatory Referred to may itself take the Testimony 547 X. References to the Assembly may be made for Advice or for Construction of Lav:, but not for Judicial Trial. Bills and Overtures to be Received only from Synods and Presbyteries • 547 CHAPTER VII. Section III. OF APPEALS. I. An Appeal Defined. Distinction between Appeal and Complaint. 1. Death of Respondent Bars an Appeal. 2. Appeals Limited to Judicial Cases 548 II. The Parties tcho may bring an Appeal 548 III. The Causes for which an Appeal may be Taken. 1. For Refusing to Permit a Call, a, b. 2. Against a Refusal to Obey the Superior Court. 3. For Refusing to Receive an Applicant. 4. Against an Order of the Superior Court, a, b, c, 5. An Appeal will not lie against a Judicatory for Obeying a Superior Court. 6. Appeal Dis- missed for want of Evidence to Sustain the Allegations. 7. Appeal will not lie against a Refusal to Adopt a Paper, or to Determine a Question in thesi. 8. Nor when the Court Acts within the Limits of its Authority. 9. Nor when the Action below was Regular and Equitable 548 rV. Appeals may be from Part of the Proceedings, or from a Definitive Sentence 552 V. Notice of Appeal, with Reasons, to be given within Ten Days after the Adjournment, 1. The Rule must be Complied with or the Appeal Dismissed, a, b, c. 2. Evidence Required that Notice has been given. A Synod Censured for Issuing an Appeal without Notice given, a. The Judicial Committee must have Evidence of Notice given, b. 3. "Where a New Trial is Granted by the Superior Court, the Appellant must give Notice of his Intent. 4. If the Court Fail to Receive the Notice, the Appellant is not Barred. 5. Leave given to show that Notice has been given. 6. On Evidence of Notice the Case Reinstated 552 VI. Appeals Generally to be Carried by Regular Steps from the Lower to the Higher Courts. 1. Appeals may be Carried Directly to the Assembly, a, b, c. Principle Guiding in the Case. 2. Appeals Dismissed, because not first brought in tlie Lower Courts, a, b. No Reason having been Assigned, c, d, e. The Appeal having first been taken to the Synod,/. Leave given to Withdraw, g, h, i. 3. Where there is no Common Relation, the Appeal Allowed 555 VII. The Appeal and Reasons must be Lodged with the Clerk of the Higher Court before the Close of the Second Day. 1. The Appellant must Furnish the Necessary Docu- ments, a, b. Debarred as not being within the Constitutional Time, c. 2. Deferred in the Absence of Necessary Documents. 3. Dismissed as not Lodged in Time, a, b, c, d. 4. Ignorance of the Rule Plead, the Case Entertained. 5. The Rule Lib- erally Interpreted where Due Diligence has been used. 6. In the Absence of BOOK OF DISCIPLINE. SI Records, through the Non-attendance of a Commissioner, the Appeal Entered and Referred. 7. Through Mistake the Appellant Fails to be in Time, the Appeal is Received and Referred 557 VIII. Order of Taking up an Appeal or Complaint: First, To Read the Sentence; Second, The Reasons Assigned for the Appeal; Third, The whole Record of Proceed- ings of the Inferior Judicatories; Fourth, To Hear the Original Parties; Fifth, To Hear the Inferior Judicatories in Defence, 1. In the Absence of the Records the Decision should be Suspended. 2. The Reading of the Documents Dispensed with by Consent. 3. The Hearing of a Voluminous Case Declined, and the Case Arrested by the Assembly without Further Trial. 4. Matters Foreign to the Issue Omitted by Consent, a,b. 5. Documents not Read may be used in Pleading; the Appellant the only Original Party in a Case under Common Fame. 6. Case Remanded for a New Trial, because the Original Parties were not Heard. 7. Case Issued where no Person Appears on Behalf of the Respondent. 8. Reasons Assigned by an Appel- lant must be Recorded, and must be Respectful in Language. 9. Commission Ap- pointed by Consent with Power. Case of Mrs. Maria Hill vs. The Synod of Albany, a. Case of Seventh Church and Presbytery of Cincinnati vs. The Synod of Cincin- nati, b. Appeal of Lewis R. Lockwood vs. The Synod of Iowa, c. Appeal of the Church of Mifflinsburg vs. The Synod of Philadelphia, d, e 560 IX. After Fidl Hearing the Parties shall Withdraw, the Roll be Called for the Expi-ession of Opinions and the Final Vote be Taken. 1. The Withdrawal to be Construed Literally, a, b, c, d. 2. An Opposite Construction. 3. Calling the Roll for Expres- sion of Opinions. Opinions to be given without Reasons, a. Omission of the Roll Call Censured, b, but may be Dispensed with by Vote, c. 4. The Final Vote must be Taken. 5. It is Taken Separately on each Charge 566 X. The Decision may Either Confirm or Reverse in Whole or in Part, or Remit to Amend the Record or to try Anew 567 1. The Decision may Confirm the Decision of the Loiver Court. 1. See Cases Cited, a, b, c, d, e,f. 2. In Confirming a Decision the Assembly Limits the Time within which a New Trial may be had. 3. Confirmed because Alleged New Testimony is In- sufficient 567 2. The Decision may Reverse the Lower Courts. 4. Reversed on Review of Testimony 5. No Reason Assigned. 6. Reversed because of Disproportionate Sentence, a, b, c. 7. Reversal for Undue Severity does not Determine the Innocence of the Accused, nor Relieve from other Process. 8. A Synod is Reversed as in Error for Prescribing a Form of Certificate. 9. Reversed because of Unconstitutional Action. 10. Where Sentence is Reversed for Irregularity, either Party may begin a New Trial within a Time Limited. 11. For Haste and Irregularity. 12. Sentence Reversed, and the Appellant Declared in Good Standing. 13. The Acts of the Lower Courts Declared Void, a, b, c. 14. The Reversal Annuls the Acts Complained of, a, b 568 3. The Decision may Confirm or Reverse in Part. 15. Reversed in Part on the Ground of Irregularity; Sustained in Part; the Judicatory may not Inflict a New Sentence witliout New Trial, a, nor Remove all Censure where Rebuke is Demanded, 6. 16. Irregularity does not Necessarily Invalidate. 17. Sustained in Part; Reversed in Part, a, b; Minute in the Case; Eflfect of the Vote to Sustain in Part, 18. The Decision Censures Irregular Action, and Prescribes the Steps which should have been Taken. 19. The Decision finds Error in the Courts below ; a Presbytery may not Unduly Direct a Session ; A Synod may not Refuse an Appeal from a Party Aggrieved 572 4. The Decision may Remit the Case to the Court below. 20. For Reconsideration. 32 SYLLABUS. 21. Judgment Reversed, and Case Eemitted on Grounds Stated. 22. Referred Back with Instructions. 23. The Decision Details the Irregularities of the Ck>urt3 below. 24. And Remits the Case with Instructions. 25. A like Decision. 26. Referred Back by Consent of Parties. 27. Referred Back for Irregularities. 28. The Discretion of a Court in Remitting a Case is not Subject to Review. 29. Re- mitted by Recommendation of the Judicial Committee. 30. In Passing Judgment the Court may not open another Case already Settled. 31, A Minister Restored by Judicial Action can be Deprived again only by new Process and Conviction. 32. The Decision Reverses all the Courts below and Restores the Appellant. 33. The Decision Declares and Decides the Several Issues Involved. 34. Restores the status in quo 576 XI. If the Appellant Fail to Ajypeaj' and Prosecute by the First or Second Day of the Next Session after his Appeal, it shall be Considered as Abandoned and the Sentence Confirmed. 1. Cases under the Rule, o, 6, c, d, e. 2. Personal Attendance not Necessary. 3. The Appeal may be Prosecuted by Proxy, a, b. 4. In the Absence of the Appellant the Court Assigns Counsel, a, b. 5. In the Absence of a Com- plainant the Case Dismissed and the Defendant Sustained. 6. Case Continued on Satisfactory Reasons, a, b, c, 7. Where the Case is Continued at the Request of the Appellant the Sentence Remains in Force until the Case is Issued. 8. In the Absence of the Appellant, the Case Dismissed with Privilege of Renewal, a, b, 9. Where an Appeal has been Dismissed in Error, a Restoration Granted after Ten Years' Interval, on the Discovery of the Error 583 XII. Members of the Court Appealed from are not Allowed to Vote on any Question Con- nected with the Appeal. 1. The Moderator of the Court above, being a Member, will not Sit, a, b, c, d. 2. An Interested Party should not Sit. 3. Members of the Court Appealed from may not Vote. 4. The Rule Applies as well to Review of Records. 5. Members of the Court Appealed from, may Vote on the Question of Postponement. 6. An Elder Belonging to the Court Appealed from, though not a Member when the Case was Issued, may not Sit. 7. Ministers who were Dismissed to other Bodies before the Action Complained of are not Excluded. 8. Case Re- manded when Members of the Courts Appealed from Sat in their own Case.... 586 XIII. The Inferior Court Incurs no Censure by Reversal, if they have Acted with their ^ best Knowledge. If otherwise, they may be Censured as the Case Demands. 1. A Case of Censure 588 XIV. If the Appellant Exhibit an Unchristian Spirit in the Prosecution of his Appeal he is to be Censured 589 XV. An Appeal Suspends all Further Process until it is Issued. It does not Arrest Sen' ience of Suspension, Excommunication or Deposition. 1. An Appeal Arrests all Further Process until it is Issued. 2. Suspension Continued until the Issue of the Appeal, which must be at the next Meeting of the Court above. 3. An Appeal against Certain Action, does not Debar the Court from Acting upon the Continued Disturbed State of a Church 589 XVI. The Court Appealed from must Furnish all Needed Docwnents, of Record, Relating to the Appeal; Neglect of this Duty Censurable. 1. Copies Taken by the Appellant not Sufficient. 2. On the Failure of the .Indicatory to Send up Attested Copies of the Testimony, the Appeal was Sustained. 3. In the Absence of Papers Referred to in the Records and of Attested Copies of Charges, the Case was Postponed. 4. In the Absence of Records of a Presbytery, its Synod Censured and the Case Post- poned. 5. Proceedings Dismissed where the Absence of Testimony is the Fault of the Court; and the Decision Confirmed 590 BOOK OF DISCIPLINE. 33 XVIT. Only an Original Parly may Enter an Appeal. 1. Examples, a, b. 2. WliO are Original Parties, a, b, c. 3. The Members of tlie Court Trying a Case are not Original Parties. 4. In a Case Arising on Common Fame, the Appellate Court does not become an Original Party, a, b 592 CHAPTER VII. Section IV. OF COMPLAINTS. I. The Complaint. Distinguished from Appeal : 1, As to the Matter ; 2, As to the Parties; 3, As to the Effect. 1. Other than the Original Parties may Complain. 2. The Distinction between an A^ipeal and a Complaint must be Observed. 3. The same Matter Subject of both Appeal and Complaint 593 II. A Complaint Defined; may be Brought — 1. By a Member or Members of an Inferior Judicatory, a, b, c, d, e. 2. By any other Person or Persons, a, b, c, d, e,f, g. 3. Dismissed ; on what Grounds, a, b, c, d, e, f, g, h. 4. Complaint will not lie against a Judicatory for Obeying the Order of a Superior Court, a, b. 5. Complaint will not lie against Advice given on Memorial. 6. Nor against Refusal to Adopt a Proposed Paper. 7. Nor against an Opinion of the Superior Court. 8. Nor against the Exercise of its Discretion by a Judicatory. 9. Nor in a Case already Adjudi- cated. 10. Nor against the Decision of a Commission not yet Confirmed. 11. Nor against the Decision of a Moderator Not Appealed from at the Time. 12. Complain- ant has Leave to Withdraw for Reasons Stated, a, b, c, d. 13. Complaint will not lie for Refusal to Read the Printed Minutes 594 III. The Grounds on which a Complaint is Proper. 1. Subject-matter of Complaints Entertained. Regularity of Action, a, 6. Constitutionality of an Ordination, c. Construction of Constitution, d. Constitutionality of Action, e. Discretion of Board of Missions, /. Against a Reference, g. Against the Dissolution of a Court, h. Against the Reversal of a Sentence, i. For Refusing to Divide a Pres- • bytery, j. For Refusing to take up an Appeal, k. For Refusing to Enroll a Mem- ber,/. 2. Complainant Satisfied by Compromise and Leave to Withdraw 6U2 IV. Notice of Complaint must be given, as in Appeal, before the Rising of the Court or within Ten Days. 1. Reasons as well as Notice must be given. 2. Evidence must be Furnished that Notice was given, a, b. 3. Right to Complain Waived by- Failure to Complain within the Time, a, 6 605 V. A Complaint brings the ivhole Proceedings under Review, and may Lead to the Censure of the Court as well as the Reversal of its Judgment. 1. The Judicatory may not Decline the Merits of the Case. It must Observe the Alternatives of the Book, and may not Assume Original Jurisdiction. 2. Reversal Restores Matters to the Situ- ation in which they were 606 VI. Reversal does not Necessarily Infer Censure of the Inferior Judicatory 607 VII. Members of the Judicatory Complained of may not Vote on any Question Connected itith the Complaint 607 CHAPTER VIII. OF DISSENTS AND PROTESTS. I. A Dissent Defined, if without Reasons it is to be Entered on the Minutes. A Dissent without Reasons Demands no Reply 607 5 'J4 SYLLABUS. II. A Protest is a More Formal Declaration, and may be Accoinpanied. with Reasons. 1. The Eight to Protest for the Relief of Conscience, a, 6; a Protest Kefused, c. 2. A Protest Arguing the Case is Kefused, a, b 608 III. If a Protest, or Dissent be Respectful, etc., the Offerer has the Right to have it Recorded. 1. Protest Admitted to Record without Answer. 2. Refused, as being Disrespectful. 3. A Protest should be Recorded only by Order of the Court 60S IV. A Dissent or Protest may or may not be Accompanied with a Complaint; if not, the Record will Call Attention to the Matter. 1. A Protest without Complaint can come before the Superior Court only on Review of Records 609 y. If a Protest, Respectful in Matter and in Manner, Imputes to the Judicatory Principles or Reasonings when it has not Adopted, the Judicatory may Appoint a Committee to Answer it. 1. No Answer Deemed Necessary. 2. The Answer Denies the Imputa- tions of the Protest GIO yi. Xo Rejoinder to the Answer of the Court Permitted 610 yil. If the Protestants are Aggrieved by the Answer, they may Recall and Modify their Answer 611 yill. Kone may Join in a Protest but those who had a Right to Vote in the Decision. 1. A Protest from Persons not Members of the Judicatory Refused. 2. Protest against the Action of a Judicatory can be made only by a Minority of the Body Itself 611 CHAPTER IX. OF NEW TESTIMONY. I. A New Trial may he had on the Discovery of New Testimony, 1. New Trial on New Testimony, a, b. 2. New Trial after the Lapse of Years. 3. If the Court Refuse a New Trial on the Offer of New Testimony, a Complaint will lie. 4. Appeal Remitted for New Trial on New Testimony qh II. Testimony may be Alleged to Ejcist which rvas not before the Court below 613 III. Caution should be used in Admitting such Allegations. The Superior Court should Satisfy itself of the Value of the Testimony before Ordering a New Trial. An Illus- tration- 613 ly. The Judicatory should Satisfy it.self as to the Import of the Testimony, and the Prob- ability of its Affecting the Result 013 V. If it Appear that the Fact Proposed to be Proven is Important, that it uvuld Alter the Result, and that it is likely to be Established, the Case should be sent back for a New Trial. Cases Referred, a, b, c, on Examining the New Testimony ; the Decision Affirmed 613 VI. Cases in which the Superior Court it.self may take the Testimony and Issue the Case. 614 VII. Where New Testimony has been Influential in Reversing a Decision, the Fact shoidd ie Stated 61G BOOK OF DISCIPLINE. 35 CHAPTER X. OF JURISDICTION. I. A Member Dismissed to Join another Church is under the Jurisdiction of the Church Dismissing him, until Actually Received by the other. 1. A Suspended Member may not be Received by another Cliurch. 2. The Effect of a Letter of Dismission. 3. Members of an Extinct Church are Amenable to Presbytery 616 IT. The mme Principles Apply to a Minister. 1. Jurisdiction over a Deposed Minister is in the Presbytery whicii Deposed liim, a, b. 2. Wiiere a Minister has been Deposed, his Name Remains on tlie Roll until the Case is Issued. 3. A Suspended Minister is under the Jurisdiction of the Presbytery which Suspended him. 4. A Minister Holding a Letter of Dismission is a Member of the Presbytery Dismissing liim until Received by another. 5. The Rights of a Member Cease on the Granting of the Letter. They may be Recovered by its Return. 6. While a Minister is in transitu, he is a Member of the Presbytery which gave him his Letter. 7. Where Ministers W^ithdraw Irregularly, their Names are to be Stricken from the Roll, a, b, c. 8. If such Desire to Return, it must be to the Presbytery from which they W^ithdrew 617 III. If a Minister or Member become Amenable to Discipline ivhile in transitu, but the Offence become known Afterward, the Body which has Received him shall Conduct the Process. 1. If the Presbytery Dismissing becomes Extinct, the Presbytery to which lie comes may Refuse to Receive him, in which Case Jurisdiction is in the Synod. 2. Reception without Dismission Null and Void. 3. Jurisdiction over an Alleged Offender is in the Presbytery of which he was a Member when the Offence was Committed. 4. If an Offence is Committed within the Bounds of a Presbytery by one not a Member, that Presbytery Discharges its Duty in giving Notice to the Presbytery to which he belongs, of the Allegations and Proofs 620 IV. No Presbytery shall Dimiiss a Minister, Licentiate or Candidate without Specifying the Body. 1. Must Specify the Body to which a Member is Dismissed. 2. May not Dismiss by a Standing Committee 622 CHAPTER XL LIMITATION OF TIME. I. When a Member of one Church wishes to Join another, he shall Produce a Certificate of Membership and Dismission, unless the Church has other Satisfactory Knowledge. 1. A Certificate of Dismission should be Required. 2. To Receive Members of Churches of our own Connection without Certificate is Irregular. 3. Dismission to another Denomination, a, b. 4. The Form of Certificate in such Case left to the Discretion of the Session. 5. The Dismission may be Indefinite. 6. A Suspended Member may be Dismissed, the Case being Stated. 7. A Suspended Member Restored by the Superior Courts is Entitled to Dismission in Good Standing, a, b. 8. Irregu- larity in Dismissing and Receiving does not Necessarily Invalidate. 9. Members Removing should be Furnished Credentials, and urged to Transfer their Relations as soon as Possible. 10. Churches Receiving Members by Letter should Notify the Church from which they come 622 II. J. Certificate Valid for One Year only, unless there has been no Opportunity to Pre- sent it 625 36 SYLLABUS. III. Members Absent and beyond the Knowledge of the Session for a Considerable Time to he Furnished with Certificates of Good Standing only up to the Time of their Absenting Themselves. 1. The Standing of Members Absent and Unknown. Such Absence without Certificate is itself Censurable. If Willful, they should be Suspended, a. A Session Sustained for Suspending Members Absent for Years without Certificate, 6. 2. Such Members to be Entered on a Keserved Eoll and not Eeported. 3. After Two Years of such Absence, a Member Keturning is to be Called to Account... 625 IV. A Member Absent more than Two Years and Applying for a Certificate, the Facts must be Stated. 1. Names of those Absent more than Two Years not to be Returned in the Statistical EoUs, Absent Members should be Urged to Unite where they Eeside 627 V. Limitation of Time within which Process shall be Commenced : One Year from the Commission of the Offence or its Becoming Flagrant. In the Case of an Absent Member, Recent Discovery of his Church Membership is Equivalent to Recent Flagrancy of the Offence; the same Applies to a Minister. 1. Limitation of Time may not be Plead against the Order of the Superior Court. 2. The Plea is Good where the Oflfence was Known to Members of the Judicatory more than a Year 628 BOOK III. THE DIRECTORY FOR WORSHIP. CHAPTER I. ON THE SANCTIFICATION OF THE LORD'S DAY. I. The Duly of every one, to Remember the Lord's Day ; to Prepare for it ; Worldly Business to be Laid Aside. 1. Petition to Congress against Sabbath INIails, a, b, c. 631 II. The whole Day to be Sanctified by Worship and by Rest from Labor and from Recre- ation. 1. Deliverance on the Profanation of the Sabbath. Discipline Enjoined, a. Sabbath Travel Discouraged, b, e. 2. For the better Observance of the Sabbath, Sabbath Travel Condemned. Discipline Enjoined. 3. Sessions Enjoined to Fidel- ity. 4. Eesolutions on the Sanctification of the Sabbath. 5. Traveling on the Sabbath Condemned. 6. Decoration of Soldiers' Graves on the Sabbath Deprecated, a, b, c 633 III. Provision for the Family should be so Ordered as not to hinder Servants or others from Keeping the Day 639 IV. Personal and Private Prayer, Reading and Meditation 639 V. The Assembling for Worship shoidd be Pronipt 649 VI. Duties after Public Worship: Reading, Prayer, Singing, etc.. Visiting the Sick, Deeds of Charity. 1. Instruction in the Holy Scrijiturcs. 2. Sabbath-schools and In- struction of Youth. Family Instruction and. Catechising Enjoined, a, b, c. Infant Schools. 3. Catechetical Instruction, a, b, c, d, e. 4. Eehitions of the Sahbiitli- DIRECTORY FOR WORSHIP. 37 School to the Family. 5. Relation of the Sabbath-school to the Session. Under the Direction of Pastor and Session, a. Under the Watch and Care of the Session, b Responsibility of the Pastor, c, d 640 CHAPTER II. ON THE ASSEMBLING OF THE CONGREGATION AND THEIR BEHAVIOR DURING DIVINE SERVICE. I. The Assembling for Worship 646 ir. Conduct During Public Worship, 1. Posture in Prayer. Sitting, unless in ti)e case of tlie Infirm, Disapproved of, a, b, c 646 CHAPTER III. OF THE PUBLIC READING OF THE HOLY SCRIPTURES. I Reading the Scriptures is a Part of the Public Worship of God, and ought to be Per- formed 646 II. They should be Read in the Vulgar Tongue, that all may Hear and Understaiul.., 646 III. The Portion to be Read, at the Discretion of the Minister, as also the Expounding of it. Proportion to be Observed between the Various Parts of Worship. 1, 2. Reading the Scriptures Enjoined 647 CHAPTER IV. ON THE SINGING OF PSALMS. I. The Duty of Praising God in Song, Publicly and Privately. 1. Early Action on Psalmody, a, b. Watts' Imitation of the Psalms of David Allowed, c, d, e. 2. Watts* Hymns Allowed. Dwight's Revision Approved. 3. Otlier Psalms and Hymns not Forbidden. Sessions and Presbyteries to take Cognizance. 4. The Book of Psalms and Hymns. Report on Psalmody; the Book Approved and Adopted, a. Revised, 6. 5. The Church Psalmist; Recommended, o. Purchased by the Publication Committee, b. Appendix Prepared, c. 6. " The Book of Praise" Approved, and Ordered to be Published 647 II. The Rules of Music should be Cultivated. 1. The Book of Tunes. 2. The Hymnal. 3. The Social Hymn and Tune Book 6ol III. The whole Congregation should Join in Singing; Lining the Hymn to be Laid Aside 654 IV. The Proportion of Time for Singing to be left to the Prudence of the Minister; a Liberal Alloivance Recommended. 1. The Music is under the Control of tlie Session, a, b 654 CHAPTER V. OF PUBLIC PRAYER. I. The Invocation ; Adoring God; Abasing Self , and Imploring the Presence and Blessing of God, and the Assistance of the Spirit, through the Merits of our Lord Jesus Christ. 655 II. The Comprehensive Prayer before Sermon : First, Adoration ; Second, Giving Thanh; Third, Confessing Sin; Fourth, Making Supplication; Fifth, Pleading with God; Sixth, Intercession for others 655 III. The Prayer after Sermon shoidd be Relevant to the Subject 650 38 SYLLABUS. IV. The Pastor must Exercise great Wisdom in the Selection of Topics; 7nust Prepare Himself; must Exercise kis own Spirit. 1. Liturgical Forms not Needed 656 CHAPTER VI. OF THE PREACHING OF THE WORD. I. Great Attention should be given to the Manner of Performing it. Demands Diligent Application. 1. Reading Sermons Discouraged, a, 6, c 657 II. The Subject of a Sermon; some Portion of Scripture; the Object, to Explain, Defend and Apply to some Part of the System of Divine Truth, or to Point out some Duty. 1. Expository Preaching Commended 657 III. The Method of Preaching Demands Study, Meditation and Prayer; shoidd be Thoughtful, yet Simple, and Enforced by a Godly Example 658 IV. The Sermon must not cut Short or Exclude Prayer and Praise, but should be Propor- tionate 658 V. The Close of Worship: Prayer, Singing, Giving Alms and the Apostolic Benedic- tion 658 VI. No Person should be Introduced to Preach in any of our Churches but by the Consent of the Pastor or Session 658 CHAPTER VII. ON THE ADMINISTRATION OF BAPTISM. I. Baptism not to be Unnecessarily Delayed. Lay Baptism not Recognized. The Ad- ministrator must be a Minister. 1. The Age of Infancy is not Determined. Left to the .ludgment in each Special Case. 2. Baptism by an Impostor Null and Invalid. 3. Baptism by a Profligate. Unworthiness of the Minister does not Invalidate the Ordinance, but it may be Desirable to Administer the Ordinance in a Regular Manner; the Session to Judge. 4. Unitarian Baptism, not Valid, a, of Camp- bellites, b. 5. By a Deposed Minister ; as he is no Longer a Minister, he is a Private Person. 6. By a Suspended Minister; such a one has no Right to Administer the Sacrament. 7. Is Baptism in the Church of Rome Valid ? Answered in the Neg- ative. 8. Left Unanswered. 9. The Deliverance of 1845 Affirmed. 10. Ruling Elders may not Administer Sealing Ordinances 658 II. Baptism to be Usually in the Church and in Public, after Sermon 663 III. The Child to be Presented by one or both the Parents. 1. "Who may be Presented. Infants of one or both Believing Parents, a, b. 2. Christian Masters should Dedi- cate the Children of their Household to God. 3. Children of Christian Slaves should be Baptized. 4. Infant Slaves of Christian Masters ; Masters should Pre- sent ; Ministers should Baptize them. 5. Orphan Children of Heathen Parents, under Care of the Missions ; Three Questions. Baptism is not to be Administered Irrespective of Age, a. Those only to be Baptized who liave not Reached Years of Discretion, 6. This Question left to the Judgment of the Officers of the Church in each Case, c. 6. The Obligation?i,and Qualifications of the Parents, must be of Regular Life and Knowledge of the Gospel, a. Able to Instruct their Children in the Doctrines and Precepts of Christianity, b. "What is a Credible Profession to be Judged of in each Case, c. The Right of Baptism belongs only to the Children of Members of the Church, d 663 DIRECTORY FOR WORSHIP. 39 IV. Instruction as to the Nature, Use, etc., of the Ordinance; Duties Required of Parents. 1. Parents Kequired to Enter into Engagements 666 V. Prayer; the Formula; Discretion as to Private Baptism is with the 3finister. 1. Mode of Baptism, Kefers to Confession of Faith, Chap. XXVIII., Sec. 3 667 CHAPTER VIII. OF THE ADMINISTRATION OF THE LORD'S SUPPER. I. The Frequency of Administration Determined by the Session. 1. Administered where there is no Church Organized. 2. Not usually within the Bounds of a Congrega- tion without Consent. 3. Where a Minister may Statedly Preach, he may Admin- ister the Supper. 4. Administered in Case of Sickness in a Private House 667 II. The Ignorant and the Scandalous to be Excluded 668 III. Notice to begiven; Preparatory Seimices 668 IV. The Authority for the Ordinance ; Who are to be Excluded and who Invited. 1. The Ignorant and Scandalous Excluded. 2. Not the Usage to Invite those not Members of any Evangelical Church 668 V. The Administration; Posture of the Communicants ; Setting Apart of the Elements; Breaking and Distribution of the Bread; the Words; Distribution of the Cup; the Words; the Exhortation ; the Prayer ; the Collection ; the Hymn; the Benediction. 669 VI. Services, Post-communion, Approved 670 CHAPTER IX. OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. I. Children Baptized are under the Government of the Church, to be Taught the Catechism, Apostles' Creed and Lord's Prayer, to Pray, to Abhor Sin, Fear and Obey God ; When they should be Admitted to the Lord's Supper. 1. Pastoral Care to be Exercised over Baptized Children, a, b. 2. As to the Discipline of Baptized Children, a, b; the Subject largely Discussed, c, d, e, and Dismissed,/, g; Neglect Deprecated, h. 3. Children should be Trained in the Faith of their Fathers. 4. Catechetical Instruc- tion urged. The Shorter Catechism Commended. 5. Family Training for the Increase of the Ministry and the Church. 6. Placing Children in Catholic Schools a Violation of Covenant Engagements 671 II. The Years of Discretion to be Decided by the Session; the Officers of the Church Judges of the Qualifications of Candidates, and of the Time of Admitting them 674 III. Candidates to be Examined as to their Knowledge and as to their Piety. 1. Uni- versalists not to be Received to Sealing Ordinances, a, b. 2. Scruples on Infant Baptism may not Exclude. 3. Duelists to be Received only on Evidence of Re- pentance. 4. Postmasters Officiating on the Sabbath, Excluded from Communion, a, b, 5. Proprietor of Stages Running on the Sabbath. 6. Session to Judge in the Case of one Engaged in the Sale of Intoxicating Drinks. 7. Session to Judge of the Faith and Knowledge of Candidates. 8. Should be Admitted only by a Session Regularly Organized ; Ordinarily Improper to Receive Immediately on the Profession of Conversion the Young, and those of Previously Immoral Lives. 9. The Session is to Judge of tlie Piety of Candidates, and is Referred to the Deliverances of the Assembly on Moral Questions. 10. One Professing his Faith in Christ and Obedience to him may be Baptized. 11. Intercommunion Dis- couraged in a Case Stated 674 40 SYLLABUS. IV. Unbaplizcd Persons Applying for Admission to the Church Ordinarily to make a Public Profession and be Baptized. 1. Baptism not Ordinarily to be Administered without the Purpose of Uniting with the Church. Baptism is Necessary to Entitle one to Church Privileges. 2. Admission to Sealing Ordinances the Exclusive Pre- rogative of the Session 677 CHAPTER X. OF THE :M0DE of INFLICTING CHURCH CENSURES. I. Church Power for Edijication, and not for Destruclion. Discipline Authoritatively Dis- tinguishes between the Holy and Profane 678 II. Censure should be with all Tenderness, and Inflicted with great Solemnity, Aiming to Lead to Repentance 679 III. Suspension from C hurch Privileges ; the Formula ; Censures Ordinarily to be in the Presence of the Judicatory only, but may be in the Presence of the Congregation 679 IV. Treatment of the Suspended — to be Labored with and Prayed for 679 V. Restoration on Evidence of Repentance. Declaration to be in the Presence of the Ses- sion or Congregation. See III. above 679 VI. Sentence of Excommunication to be in Public 679 VII. Design of Excommunication; the Order and Formula of Excommunication 679 VIII. Order of Proceeding in Restoring an Excommunicate; Evidence of Repentance must be had, and the Concurrence of the Presbytery ; Notice to be given on Two Sabbaths ; the Formida of Restoration 680 CHAPTER XL OF THE SOLEMNIZATION OF MARRIAGE. I. Marriage not a Sacrament; the State should make Latvs to Regulate Marriage, which ail Citizens are Round to Obey 681 II. Christians ought to Marry in the Lord; Marriage should be Solemnized by a Lanful Minister, with Instruction and Prayer. 1. Licentiates may Solemnize Marriage where the Civil Law Authorizes them. 2. Marrying in the Lord Defined. 3. In Case of Marriage of Heathen Converts, Presbyteries to Judge 681 IH. Marriage to be between One Man and One Woman only, and not ivithin the Degrees of Consanguinity or Affinity. 1. Questions of Marriage of Divorced Persons. 2. A Minister, having Married again, Required to Cease Officiating until he Proves the Death of his Wife. 3. Adultery and Remediless Desertion the only Sufficient Cause of Divorce. 4. On Divorce for Adultery, the Innocent Party may Marry again. 5. A Bigamist to be Excluded from the Church; Willful Desertion a just Cause for Divorce; if Divorce be Refused where just Cause Exists, the Church may Receive him. 6. A Minister, liaving Married a Woman Divorced for Cause otiier than Adultery, or Willful Desertion, is Deposed, o, b, c. 1. Degrees of Consanguinity and Affinity. 8. Marriage with a Brother's Widow Declared Incestuous; left to the Discretion of the Session, a. 9. With Deceased Wife's Sister, Declared Unlaw- ful, and Parties Suspended, «; Parties Restored on Petition; such Marriages Dis- countenanced, 6. 10. With Relicts of Brother and Sister Disapproved, but not De- clared Incestuous. 11. With Deceased Wife's Sister ; Referred to Session ; Party Sus- pended, and Suspension Confirmed, a; Case of McQueen, h, of John Cathey, c. 12. DIEECTOEY FOE WOESHIP. 41 With a Wife's Brother's Daughter. 13. With a Wife's Half-brother's Daughter, 14. With a Wife's Sister's Daughter, a, b, c, d. 15. With a Sister's Daughter. 16. With a Wife's Half-brother's Daughter 682 IV. Parties should be of Years of Discretion, arid if Minors the Consent of Parents should be had. Clandestine Marriages to be Discouraged 691 V. Parents should not Compel their Children to Marry, nor Unreasonably Hinder.... 691 VI. Marriage of a Public Nature ; Due Notice should be given ; Caution Enjoined on Ministers. Question as to Sufficient Publication of Marriage 691 VII. Must always be in the Presence of Witnesses ; may be on any except a Fast Day ; Discouraged on Sabbath 692 VIII. Directory for the Marriage Ceremony ; a Register to be kept for the Perusal of all Interested 692 CHAPTER XII. OF THE VISITATION OF THE SICK. I. Duty of the Sick to make Known their Spiritual State ; Duty of the Minister to Visit the Sick 694 II. Instruction to be given as to the Dealings of God and his End in them 694 III. The Ignorant to be Instructed in the Nature of Repentance and Faith and the Way of Life through Christ 694 IV. Exhort to Self-examination by the Word of God, and Aid him by Noting Evidences of Piety 694 V. Resolve Doubts, and Administer Instruction, as the CcLse may Require 694 VI. Seek to Awaken the Thoughtless, to Arouse Conscience, to Convince of Sin and Lead to Repentance 694 VII. When Encouragement should be given, and Consolation in the Gospel. Under what Circumstances the Communion may be Administered in the Chamber of the Sick. Chap. VIII., Sec. I., 2 694 VIII. Guard against Delusion, Fear, Discouragement and Presumption, also against Despair 695 IX. Summing up of the Duties of the Minister; at the Proper Time he shall Pray with the Skk 695 X. Exhort those who may be Present to Consider, to Repent, and in Health to Prepare for Sickness and Death 695 CHAPTER XIII. OF THE BURIAL OF THE DEAD. I. Proper Care to be taken of the Body ; not to be Hastily Buried 695 II. Conduct Proper to the Occasion; the Living Exhorted. 1. Carousing, Ostentation and Parades to be Discountenanced 695 CHAPTER XIV. OF FASTING AND THE OBSERVATION OF DAYS OF THANKSGIVING. I. The Lord's Day the only Holy Day under the Gospel 696 6 42 SYLLABUS. II. But to Observe Days of Fasting and Thanksgiving Loth Scriptural and Rational. The Duty not to be Neglected; a Means of Grace, a 696 III. Such Days may be Observed by Individuals, Families, Congregations, etc., or by the Whole Church 696 IV. Discretion left to Families, Sessions, Presbyteries, etc., as to Determining the Times fen- Themselves ; Respect to be Paid to Public Appointments. Churches should Observe the Days Appointed by the Local Authorities, a. 1. Days of Fasting Appointed by the Supreme Judicatory, on the Occasion of the French War, a, on the same, b. 2. On the War with Spain. 3. On Account of Troubles with England, a, b. 4. Before the Second War with England. 5. During that War. 6. On the Outbreak of the Civil AYar, a, b. 7. On Account of the Profanation of the Sabbath. 8. For the Conversion of the World. 9. The Week of Prayer 702 V. Public Notice to be given of Times of Fasting or Thanksgiving 702 VI. Public Worship on all such Days Specially Adapted 702 VII. Fast Days; Directory for Services and Observance 702 VIII. Thanksgiving Days; Directory for Services and Mode of Observance 702 CHAPTER XV. THE DIRECTORY FOR SECRET AND FAMILY WORSHIP. I. Duty of Secret and of Family Worship 702 II. Secret Worship Enjoined by our Lord ; Mode; Advantages 702 III. Family Worship, Morning and Evening ; Mode 703 IV. All the Members of the Family should Attend 703 V. Duties of Heads of Families to Instruct; the Evenings of the Lord's Day to be Specially Devoted to this Duty. 1. Duty of Ministers to urge Family Religion upon their People, a, b, c; Heads of Families Enjoined, d, e. 2. Special Relations of the Sabbath to Family Instruction 703 DIGEST ACTS AND DELIVERANCES PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. BOOK I. OF GOVERNMENT. CHAPTER I. PRELIMINARY PRINCIPLES* The Presbyterian Church in the United States of America, in present- ing to the Christian public the system of union and the form of govern- ment and discipline which they have adopted, have thought proper to state, by way of introduction, a few of the general principles by which they have been governed in the formation of the plan. This, it is hoped, will, in some measure, prevent those rash misconstructions and uncandid reflections which usually proceed from an imperfect view of any subject, as well as make the several parts of the system plain and the whole per- spicuous and fully understood. They are unanimously of opinion : I. That " God alone is Lord of the conscience ; and hath left it free from the doctrines and commandments of men, which are in any thing contrary to his word, or beside it in matters of faith or worship :" there- fore they consider the right of private judgment, in all matters that respect religion, as universal and unalienable ; they do not even wish to see any religious constitution aided by the civil power, further than *This introductory chapter, with the exception of the first sentence, was first drawn up by the Synod of New York and Philadelphia, and prefixed to tlie Form of Government, etc., as published by that body in 1788. In that year, after arranging the plan on wliich the Presbyterian Church is now governed, the synod was divided into four Synods, and gave place to the General Assembly, which met for the first time in 1789. 43 44 FOEM OF GOVERNMENT. may be necessary for protection and security, and, at the same time, be equal and common to all others. II. That, in perfect consistency with the above principle of common right, every Christian church, or union, or association of particular churches, is entitled to declare the terms of admission into its communion, and the qualifications of its ministers and members, as well as the %Yhole system of its internal government which Christ hath appointed ; that in the exercise of this right, they may, notwithstanding, err in making the terms of communion either too lax or too narrow ; yet even in this case they do not infringe upon the liberty or the rights of others, but only make an improper use of their own. III. That our blessed Saviour, for the edification of the visible Church, which is his body, hath appointed oflicers, not only to preach the Gospel and administer the sacraments, but also to exercise discipline for the pres- ervation both of truth and duty ; and that it is incumbent upon these officers and upon the whole Church in whose names they act, to censure or cast out the erroneous and scandalous ; observing in all cases the rules contained in the word of God. IV. That truth is in order to goodness, and the great touchstone cf truth, its tendency to promote holiness; according to our Saviour's rule, " by their fruits ye shall know them." And that no opinion can be either more pernicious or absurd than that which brings truth and falsehood upon a level, and represents it as of no consequence what a man's opinions are. On the contrary, they are persuaded that there is an inseparable connection between faith and practice, truth and duty. Otherwise it would be of no consequence either to discover truth or to embrace it. V. That while, under the conviction of the above principle, they think it necessary to make effectual provisions that all who are admitted as teachers be sound in the faith, they also believe that there are truths and forms with respect to which men of good characters and principles may differ. And, in all these, they think it the duty, both of private Chris- tians and societies, to exercise mutual forbearance toward each other. VI. That though the character, qualifications and authority, of church- officers are laid down in the Holy Scriptures, as well as the proper method of their investiture and institution, yet the election of the persons to the exercise of this authority, in any particular society, is in that society. VII. That all church-power, whether exercised by the body in general, or in the way of representation by delegated authority, is only ministerial and declarative : That is to say, that the Holy Scriptures are the only rule of faith and manners ; that no church judicatory ought to pretend to make laws to bind the conscience in virtue of their own authority, and that all their decisions should be founded upon the revealed will of God. Now, though it will easily be admitted that all synods and councils may err, through the frailty inseparable from humanity, yet there is much greater danger from the usurped claim of making laws than from the right of judging upon laws already made and common to all who profess the Gospel, although this right, as necessity requires in the present state, be lodged with fallible men. VIII. Lastly, That if the preceding scriptural and rational principles be steadfastly adhered to, the vigor and strictness of its discipline will con- tribute to the glory and happiness of any Church. Since ecclesiastical discipline must be purely moral or spiritual in its object, and not attended with any civil effects, it can derive no force whatever, but from its own justice, the approbation of an impartial public, and the countenance and blessing of the Great Head of the Church universal. PEELIMIXARY PRINCIPLES. -iS ADOPTION OF THE WESTMINSTER STANDARDS. 1. The Overture laid over for a year. " There being an overture presented to the Synod in writing, having reference to the subscribing to the Confession of Faith, etc., the Synod, judging this to be a very important affair, unanimously concluded to de- fer the consideration of it till the next Synod, withal recommending it to the members of each Presbytery present to give timeous notice thereof to the absent members." — 1728, p. 91. 2. The Confession of Faith, Larger and Shorter Catechisms of the ■Westminster Assembly adopted. " The committee brought in an overture upon the affair of the Con- fession, which, after long debating upon it, was agreed upon -m /icee verba : " Although the Synod do not claim or pretend to any authority of im- posing our faith upon other men's consciences, but do profess our just dissatisfaction with and abhorrence of such impositions, and do utterly disclaim all legislative power and authority in the Church, being willing to receive one another as Christ has received us to the glory of God, and admit to fellowship in sacred ordinances all such as Ave have grounds to believe Christ will at last admit to the kingdom of heaven, yet we are undoubtedly obliged to take care that the faith once delivered to the saints be kept pure and uncorrupt among us, and so handed down to our posterity. And do therefore agree that all the ministers of this Synod, or that shall hereafter be admitted into this Synod, shall declare their agreement in and approbation of the Confession of Faith, with the Larger and Shorter Catechisms of the Assembly of Divines at West- minster, as being, in all the essential and necessary articles, good forms of sound words and systems of Christian doctrine, and do also adopt the said Confession and Catechisms as the confession of our faith. And we do also agree, that all the Presbyteries within our bounds shall always take care not to admit any candidate of the ministry into the exercise of the sacred function, but what declares his agreement in opinion with all the essential and necessary articles of said Confession, either by sub- scribing the said Confession of Faith and Catechisms, or by a verbal declaration of their assent thereto, as such minister or candidate shall think best. And in case any minister of this Synod, or any candidate for the ministry, shall have any scruple with respect to any article or articles of said Confession or Catechisms, he shall at the time of his making said declaration declare his sentiments to the Presbytery or Synod, who shall, notwithstanding, admit him to the exercise of the ministry within our bounds, and to ministerial communion, if the Synod or Presbytery shall judge his scruple or mistake to be only about articles not essential and necessary in doctrine, worship or government. But if the Synod or Presbytery shall judge such ministers or candidates erro- neous in essential and necessary articles of faith, the Synod or Presby- tery shall declare them uncapable of communion with them. And the Synod do solemnly agree that none of us will traduce or use any oppro- brious term of those that differ from us in these extra-essential and not necessary points of doctrine, but treat them with the same friendship, kindness and brotherly love, as if they had not differed from us in such sentiments." — 1729, p. 9-4. 46 FORM OF GOVERNMENT. On the ajternoon of the same day, Ordered, That the minutes of our last sederunt be read. All the ministers of this Synod now present, except one * that declared himself not prepared, viz : Masters Jedidiah Andrews, Thomas Craighead, John Thomson, James Anderson, John Pierson, Samuel Gelston, Joseph Houston, Gilbert Tennent, Adam Boyd, Jonathan Dickinson, John Brad- ner, Alexander Hutchinson, Thomas Evans, Hugh Stevenson, William Tennent, Hugh Conn, George Gillespie and John Wilson, after proposing all the scruples that any of them had to make against any articles and expressions in the Confession of Faith and Larger and Shorter Catechisms of the Assembly of Divines at Westminster, have unanimously agreed in the solution of those scruples, and in declaring the said Confession and Catechisms to be the confession of their faith, excepting only some clauses in the twentieth and twenty-third chapters, concerning which clauses the Synod do unanimously declare that they do not receive those articles in any such sense as to suppose the civil magistrate hath a controlling power over Synods with respect to the exercise of their ministerial authority, or power to persecute any for their religion, or in any sense contrary to the Protestant succession to the throne of Great Britain. The Synod, observing that unanimity, peace and unity which appeared in all their consultations and determinations relating to the affair of the Confession, did unanimously agree in giving thanks to God in solemn prayer and praises. — 1729, p. 95. 3. The "Directory" recoramended. A motion being made to know the Synod's judgment about the Directory, they gave their sense of that matter in the following words, viz : The Synod do unanimously acknowledge and declare, that they judge the Directory for worship, discipline and government of the church, commonly annexed to the Westminster Confession, to be agreeable in substance to the word of God, and founded thereupon, and therefore do earnestly recommend the same to all their members, to be by them observed as near as circumstances will allow and Christian prudence direct. — 1729, p. 95. 4. Intrants and Candidates to adopt the Confession in the same manner and as fully as those then present. a. Whereas some persons have been dissatisfied at the manner of wording our last year's agreement about the Confession, etc. ; supposing some ex- pressions not sufficiently obligatory upon intrants; Overtured, that the Synod do now declare that they understand these clauses that respect the admission of intrants or candidates in such a sense as to oblige them to receive and adopt the Confession and Catechisms at their admission in the same manner and as fully as the members of the Synod did that were then present. Which overture was unanimously agreed to by the Synod. —1730, p. 98. b. Ordered, That the Synod make a particular inquiry during the time of their meeting every year, whether such ministers as have been received as members since the foregoing meeting of the Synod have adopted, or have been required by the Synod, or by the respective Presbyteries, to adopt the AVestminster Confession and Catechisms with the Directory, according to the acts of the Synod made some years since for that purpose, and that also the report made to the Synod in answer to said inquiry be re- corded in our minutes. — 1734, p. 109. * Daniel Elmer, who gave in his adherence the next year. — 1730, p. 97. PRELIMINARY PRINCIPLES. 47 5. To be inscribed in the book of each Presbytery. Ordered, That each Presbytery have the whole Adopting Act inserted in their Presbytery book. — 1735, p. 115. 6. An Act explaining the Adopting Act. An overture of the committee upon the supplication of the people of Paxton and Derry was brought in and is as followeth : That the Synod do declare, that inasmuch as we understand that many persons of our persuasion, both more lately and formerly, have been ofiended with some expressions or distinctions in the first or preliminary act of our Synod, contained in the printed paper, relating to our receiving or adopting the Westminster Confession and Catechisms, etc. ; That in order to remove said offence, and all jealousies that have arisen or may arise in any of our people's minds on occasion of said distinctions and expressions, the Synod doth declare that the Synod have adopted and still do adhere to the West- minster Confession, Catechisms and Directory, without the least variation or alteration, and without any regard to said distinctions. And we do fur- ther declare that this was our meaning and true intent in our first adopt- ing of said Confession, as may particularly appear by our adopting act which is as followeth : All the ministers of the Synod now present (which were eighteen in number, except one that declared himself not prepared), after proposing all the scruples any of them had to make against any articles and expressions in the Confession of Faith and Larger and Short- er Catechisms of tlie Assembly of Divines at Westminster, have unani- mously agi'eed in the solution of these scruples, and in declaring the said Confession and Catechisms to be the confession of their faith, except only some clauses in the twentieth and twenty-third chapters, concerning which clauses the Synod do unanimously declare, that they do not receive these articles in any such sense as to suppose the civil magistrate hath a con- trolling power over Synods with respect to the exercise of their ministerial authority, or power to persecute any for their religion, or in any sense contrary to the Protestant succession to the throne of Great Britain. And we hope and desire that this our Synodical declaration and expli- cation may satisfy all our people, as to our firm attachment to our good old received doctrines contained in said confession, without the least variation or alteration, and that they will lay aside their jealousies that have been entertained through occasion of the above hinted expressions and declarations as groundless. This overture approved nemine contradi- code. — 1736, p. 126. 7. Upon the reunion of the Synods of Ne^w York and Philadelphia, May 29, 1758, the folio-wing Plan of Union was adopted, viz. The Synods of New York and Philadelphia, taking into serious con- sideration the present divided state of the Presbyterian Church in this land, and being deeply sensible that the division of the Church tends to weaken its interests, to dishonor religion, and consequently its glorious Author ; to render government and discipline ineftectual, and finally to dissolve its very frame ; and being desirous to pursue such measures as may most tend to the glory of God and the establishment and edification of his people, do judge it to be our indispensable duty to study the things that make for peace, and to endeavor the healing of that breach which has for some time subsisted amongst us, that so its hurtful consequences may not extend to posterity ; that all occasion of reproach upon our society may be removed, and that we may carry on the great designs of 48 FORM OF GOVERNMENT. religion to better advantage than we can do in a divided state ; and since both Synods continue to profess the same principles of faith, and adhere to the same form of worship, government and discipline, there is the greater reason to endeavor the compromising those differences Avhich were agitated many years ago with too great warmth and animosity, and unite in one body. For which end, and that no jealousies or grounds of alienation may remain, and also to prevent future breaches of like nature, we agree to unite and do unite in one body, under the name of the Synod of New York and Philadelphia, on the following plan : I. Both Synods having always approved and received the Westminster Confession of Faith and Larger and Shorter Catechisms as an orthodox and excellent system of Christian doctrine founded on the word of God, we do still receive the same as the confession of our faith, and also adhere to the plan of worship, government and discipline contained in the West- minster Directory, strictly enjoining it on all our members and probation- ers for the ministry, that they preach and teach according to the form of sound words in said Confession and Catechisms, and avoid and oppose all errors contrary thereto. II. That when any matter is determined by a major vote, every mem- ber shall either actively concur with or passively submit to such deter- mination ; or if his conscience permit him to do neither, he shall, after sufficient liberty modestly to reason and remonstrate, peaceably withdraw from our communion without attempting to make any schism. Provided always that this shall be understood to extend only to such determinations as the body shall judge indispensable in doctrine or Presbyterian government. III. That any member or members, for the exoneration of his or their conscience before God, have a right to protest against any act or procedure of our highest judicature, because there is no further appeal to another for redress ; and to require that such protestation be recorded in their minutes. And as such a protest is a solemn appeal from the bar of said judicature, no member is liable to prosecution on the account of his pro- testing. Provided always that it shall be deemed irregular and unlawful to enter a protestation against any member or members, or to protest facts or accusations instead of proving them, unless a fair trial be refused, even by the highest judicature. And it is agi'eed, that protestations are only to be entered against the public acts, judgments or determinations of the judicature with which the protester's conscience is offended. IV. As the protestation entered in the Synod of Philadelphia, Ann. Dom. 1741, has been apprehended to have been ap})roved and received by an act of said Synod, and on that account was judged a sufficient obstacle to an union ; the said Synod declare that they never judicially adopted the said protestation, nor do account it a Synodical act, but that it is to be considered as the act of those only who subscribed it ; and therefore can- not in its nature be a valid objection to the union of the two Synods, especially considering that a very great majority of both Synods have become members since the said protestation was entered. V. That it shall be esteemed and treated as a censurable evil, to accuse any member of heterodoxy, insufficiency or immorality in a calumniating manner, or otherwise than l)y private brotherly admonition, or by a regu- lar process according to our known rules of judicial trial in cases of scan- dal. And it shall be considered in the same view if any Presbytery ap- point supplies within the bounds of another Presbytery without their concurrence; or if any mendjer officiate in another's congregation without PKELIMINARY PRIXCIPLES. 49 asking and obtaining his consent, or the sessions in case the minister be absent ; yet it shall be esteemed unbrotherly for any one, in ordinary cir- cumstances, to refuse his consent to a regular member when it is requested. VI. That no Presbytery shall license or ordain to the work of the min- istry, any candidate, until he give them competent satisfaction as to his learning, and experimental acquaintance with religion, and skill in divin- ity and cases of conscience ; and declare his acceptance of the Westmin- ster Confession and Catechisms as the confession of his faith, and promise subjection to the Presbyterian plan of government in the "Westminster Directory. VII. The Synods declare it is their earnest desire that a complete union may be obtained as soon as possible, and agree that the united Synod shall model the several Presbyteries in such manner as shall appear to them most expedient. Provided, nevertheless, that Presbyteries, where an alteration does not appear to be for edification, continue in their present form. As to divided congregations it is agreed that such as have settled ministers on both sides be allowed to continue as they are ; that where those of one side have a settled minister, the other being vacant, may join with the settled minister, if a majority choose so to do; that when both sides are vacant they shall be at liberty to unite together. VIII. As the late religious appearances occasioned much speculation and debate, the members of the New York Synod, in order to prevent any misapprehensions, declare their adherence to their former sentiments in favor of them, that a blessed work of God's Holy Spirit in the conver- sion of numbers was then carried on ; and for the satisfaction of all con- cerned, this united Synod agree in declaring that as all mankind are naturally dead in trespasses and sins, an entire change of heart and life is necessary to make them meet for the service and enjoyment of God ; that such a change can be only effected by the powerful operations of the Divine Spirit ; that when sinners are made sensible of their lost condition and absolute inability to recover themselves, are enlightened in the know- ledge of Christ and convinced of his ability and willingness to save, and upon gospel encouragements do choose him for their Saviour, and re- nouncing their own righteousness in point of merit, depend upon his im- puted righteousness for their justification before God, and on his wisdom and strength for guidance and support ; when upon these apprehensions and exercises their souls are comforted, notwithstanding all their past guilt, and rejoice in God through Jesus Christ; when they hate and bewail their sins of heart and life, delight in the laws of God without exception, reverentially and diligently attend his ordinances, become hum- ble and self denied, and make it the business of their lives to please and glorify God and to do good to their fellow-men, — this is to be acknow- ledged as a gracious work of God, even though it should be attended with unusual bodily commotions or some more exceptionable circumstances, by means of infirmity, temptations or remaining corruptions ; and wherever religious appearances are attended with the good efl'ects above mentioned, we desire to rejoice in and thank God for them. But on the other hand, when persons seeming to be under a religious concern, inuigine that they have visions of the human nature of Jesus Christ, or hear voices, or see external lights, or have fainting and con- vulsion-like fits, and on the account of these judge themselves to be truly converted; though they have not the scriptural characters of a work of God above described, we believe such persons are under a dangerous delusion ; and we testify our utter disapprobation of such a delusion, wlierever it attends any religious appearances, in any Church or time. 1 50 FORM OF GOVERNMENT. Now as both Synods are agreed in their sentiments concerning the nature of a work of grace, and declare their desire and purpose to pro- mote it, different judgments respecting particular matters of fact ought not to prevent their union ; especially as many of the present members have entered into the ministry since the time of the aforesaid religious appearances. Upon the whole, as the design of our union is the advancement of the Mediator's kingdom, and as the wise and faithful discharge of the minis- terial function is the principal appointed mean for that glorious end, we judge that this is a proper occasion to manifest our sincere intention unitedly to exert ourselves to fulfill the ministry we have received of the Lord Jesus. Accordingly, we unanimously declare our serious and fixed resolution, by divine aid, to take heed to ourselves that our hearts be up- right, our discourse edifying, and our lives exemplar}- for purity and god- liness ; to take heed to our doctrine, that it be not only orthodox, but evangelical and spiritual, tending to awaken the secure to a suitable con- cern for their salvation, and to instruct and encourage sincere Christians, thus commending ourselves to every man's conscience in the sight of God ; to cultivate peace and harmony among ourselves, and strengthen each other's hands in promoting the knowledge of divine truth, and dif- fusing the savor of piety among our people. Finally, we earnestly recommend it to all under our care, that instead of indulging a contentious disposition, they would love each other with a pure heart fervently, as brethren who profess subjection to the same Lord, adhere to the same faith, worship and government, and entertain the same hope of glorj^ And we desire that they would improve the present union for their mutual edification, coml")ine to strengthen the common interests of religion, and go hand in hand in the path of life ; which we pray the God of all grace would please to effect, for Christ's sake. Amen. The Synod agree, that all former differences and disputes are laid aside and buried; and that no future inquiry or vote shall be proposed in this Synod concerning these things ; but if any member seek a Synod- ical inquiry or declaration about any of the matters of our past differ- ences, it shall be deemed a censurable breach of this agreement, and be refused, and he be rebuked accordingly. — 1758, p. 285, 288. [In answer to the Dutch Church the Synod reply.] a. Mode of Adopting the Confession. The Synod of New York and Philadelphia adopt, according to the known and established meaning of the terras, the Westminster Confession of Faith as the confession of their faith, save that every candidate for the gospel ministry is permitted to except against so much of the twenty- third chapter as gives authority to the civil magistrates in matters of re- ligion. The Presbyterian Church in America considers the Church of Christ as a sj)iritual society, entirely distinct from the civil government, having a right to regulate their own ecclesiastical policy, indei)endently of the interposition of the magistrate. — 1786, p. 519. L The Directory for Worship and Form of Government. The Synod also receives the Directory for ]niblic worship and the form ■of church government recommended by the AVestminster Assembly as in substance agreeable to the institution,? of the New Testament. This mode of- adoption we use, because we believe the general platform of our gov- ernment to be agreeable to the sacred Scriptures ; but we do not believe • PRELIMINARY PRINCIPLES. 51 that God has been pleased so to reveal aud enjoin every minute circum- stance of ecclesiastic government and discipline as not to leave room for orthodox churches of Christ, in these minutiie, to difier with charity from one another. — 178G, p. 519. c. Authority of Pardovan's Collections. The rules of our discipline and the form of process in our chui'ch judi- catures are contained in Pardovan's (alias Stewart's) Collections, in con- junction with the acts of our own Synod, the power of which, in matters purely ecclesiastical, we consider as equal to the power of any Synod or General Assembly in the world. Our church judicatures, like those in the Church of Scotland, from which we derive our origin, are Church Ses- sions, Presbyteries and Synods, to which it is now in contemplation to add a National and General Assembly. — 1786, p. 519. d. It was moved and carried, That the Form of Process in Stewart of Pardovan's Collections, be read and considered as a basis of deliberation along witli the draught. — 1787, p. 535. 8. The Constitution Amended and Adopted, 1788. [In 1786 the " Book of Discipline and Government" was referred to a committee "to digest such a system as they shall think to be accommo- dated to the state of the Presbyterian Church in America." The coin- mittee consisted of Drs. Witherspoon, McWhorter, Rodgers, Sproat, Duf- field, Alison and Ewing, Mr. INIathew Wilson and Dr. Smith, with Isaac Snowden, Esq., Mr. Robert Taggart and John Pinkerton, Elders. In 1787, the Synod, preparatory to forming the General Assembly, ordered a thorough revision of the standards, altering the articles ex- cepted to on the Adopting Act, and making such amendments as were found to be necessary. — 1787, p. 539.] a. Form of Government, Discipline, and Confession of Faith. The Synod having fully considered the draught of the form of govern- ment and discipline, did, on a review of the whole, and hereby do ratify and adopt the same, as now altered and amended, as the Constitution of the Presbyterian Church in America, and order the same to be considered and strictly observed as the rule of their proceedings, by all the inferior judicatories belonging to the body. And the}' order that a correct copy be printed, and that tlie Westminster Confession of Faith, as now altered, be printed in full along with it, as making a part of the Constitution. Resolved, That the true intent and meaning of the above ratification by the Synod, is, that the Form of Government and Discipline and the Confession of Faith, as now ratified, is to continue to be our Constitution and tlie Confession of our faith and practice unalterable, unless two-thirds of the Presbyteries under the care of the General Assembly shall propose alterations or amendments, and such a.lterations or amendments shall be agreed to and enacted by the General Assembly. — 1788, p. 546. [See below under xii. ; vi. Amendments of constitutional rules may be made by a majority of the Presbyteries. Alterations of the Doctrinal Standards still require two-thirds as above.] b. Directory for Worship and Catechisms, Larger and Shorter. The Synod having now revised and corrected the draught of a Directory for worship, did approve and ratify the same, and do hereby appoint the said Directory, as now amended, to be the Directory for the worship of God in tlie Presbyterian Church in the United .States of America. They 52 FOEM OF GOVERNMENT. also took into consideration the Westminster Larger and Shorter Cate- chisms, and having made a small amendment of the larger, did approve, and do hereby approve and ratify the said Catechisms, as now agreed on, as the Catechisms of the Presbyterian Church in the said United States. And the Synod order, that the said Directory and Catechisms be printed and bound up in the same volume ■svith the Confession of Faith and the Form of Government and Discipline, and that the whole be considered as the standard of our doctrine, government, discipline, and worship, agreeably to the resolutions of the Synod at their present sessions. Ordered, That Dr. Duffield, Mr. Armstrong and Mr. Green, be a com- mittee to superintend the printing and publishing the above said Con- fession of Faith and Catechisms, with the Form of Government and Discipline, and the Directory for the Worship of God, as now adopted and ratified by the Synod, as the Constitution of the Presbyterian Church in the United States of America, and that they divide the several parts into chapters and sections properly numbered. — 1788, p. 547. 9. Proof Texts added by order of the Assembly. a. The committee appointed to consider the expediency of a new im- pression of the Confession of Faith, Form of Government and Discipline of this Church, reported .... that another impression appeared ex- pedient, in Avhich, if the Scripture proofs were inserted at length, it would become more acceptable, and might be of greater utility to the churches ; and proposed that a committee be appointed properly to select and arrange the Scripture texts to be adduced in support of the articles in the Confession of Faith, Form of Government and D.iscipline, and pre- pare the same to be laid before the next General Assembly. Resolved, That Dr. Robert Smith, and Messrs. INIitchell and Grier, be a committee to carry the above into execution. — 1792, p. 58. h. "A letter was received and read from Mr. Mitchell, one of the mem- bers of a committee appointed by the Assembly of 1792, to revise and prepare for publication an editicm of the Confession of Faith, Catechisms, and Form of Government and Discipline of this Church, informing this Assembly that considerable progress had been made in the business, but that it was still incomplete. Whereupon the business was recommitted, and the Moderator (the Rev. James Latta), added to the committee in the place of the Rev. Dr. Robert Smith, deceased, and they Avere directed to report to the Assembly in 1794."— 1793, p. 66. c. " The committee appointed to prepare the Scripture proofs in support of the doctrines of the Confession of Faith, the Catechisms, etc., of the Presbyterian Church, submitted their report, which was read, examined, and approved as a specimen of the work. Whereupon Dr. Green, Messrs. John B, Smith, James Boyd, William jM. Tennent, Nathaniel Irwin and Andrew Hunter, were appointed a committee to compare the proofs prepared by said committee, and now reported to the General Assembly, with the proofs annexed to the Westminster Confession of Faith, Catechisms, and Directory; to revise the whole, prepare it for the press, to agree with the printer for its publication, and to superintend the printing and vending of the same." — 1794, p. 88. 10. Authority of the Notes.— The Text alone contains the Consti- tution. The committee to which was referred an inquiry, proposed to the Assembly by the Presbytery of Philadelphia, relative to the notes fouud • PRELIMINARY PRINCIPLES. 53 in the book contaiiiiug the Constitution, reported. Their report was adopted, viz.: " That the book referred to was first published with nothing but the simple text, without any Scripture proofs, or any notes of any description whatsoever. This is evident not only from the minutes of the General Assembly, but from the numerous copies of this first edition of the standards of our Church which are now in existence. It is also equally evident, from examining the records of the Genei'al Assembly, that not a single note in the book has been added to or made a part of the Con- stitution of the Church, since it was first formed and published, in the manner above recited. Several alterations and additions have been made by referring them, when contemplated, to the Presbyteries for their decision thereon, in the manner pointed out in the Constitution itself. But among all the points thus referred, there is not found a single note which now appears in the book containing the Constitution of our Church. Hence it follows, beyond a doubt, that these notes are no part of that Constitution, If, then, it be inquired how these notes obtained the place which they now occupy, and what is the character, as to authority, which they possess, the answer is this : When a second edition of the standards of our Church was needed, it was thought by the Gen- eral Assembly, that it would be of great use in itself, highly agreeable to the members of our Ciiurch generally, as well as conformable to the ex- ample of the Church of Scotland, from which we derive our origin, if the Scripture proofs were added in support of the several parts and clauses of the Confession of Faith, Catechisms, and Form of Government. A committee was accordingly appointed by the Assembly to select the Scrip- ture proofs, and to prepare them for being printed in the second edition of the book. The work of this committee was, the following year, re- ferred to another, and ultimately the committee charged with preparing the Scripture proofs reported, along with these proofs, the notes which now appear in the book, and which were approved by the General Assembly, and directed to be printed with the proofs, in the form in which they now appear. These notes, then, are explanations of some of the principles of the Presbyterian Church, given by the General Assem- bly, and which, of course, the General Assembly may modify or alto- gether exclude, at their pleasure, whereas the articles of the Constitution must govern the Assembly themselves, and cannot be altered or abro- gated, but in the manner pointed out in the Constitution itself. "On the whole, in the book containing the standards of our Church, the text alone contains the Constitution of our Church ; the notes are an exposition of principles given by the highest judicature of that Church, of the same force, while they continue, with the other acts of that judica- ture, but subject to alterations, amendments, or a total erasure, as they shall judge proper. "Besolved, That as it belongs to the General Assembly to give direc- tion in regard to the notes which accompany the Constitution, of which they are the supreme judicatory, this Assembly express it as their opin- ion, that in printing future editions of the Constitution of this Church, the parenthesis on the note, on this part of the Form of Government, which defines a Synod, and which is expressed in these words, ' since a Synod is only a larger Presbytery,' be omitted, as well as the note con- nected with the Scripture proofs in answer to the question in the Larger Catechism, 'What is fc)rbidden in the eighth commandment?' in which the nature of the crime of man-stealing and slavery is dilated upon. In regard to this last omission, the Assembly think proper to declare, that in i 54 FORM OF GOVEENilEXT. * directing it, they are iufluenced by far other motives than any desire to favor slavery, or to retard the extinction of that mournful evil as speedily as may consist with the happiness of all concerned." — 1816, p. 629. [Note. — These notes are not found in the Constitution as revised in 1820.] " liesolved, That as the notes which have been expunged from our pub- lic formularies, and which some of the memorials referred to the commit- tee request to have restored, were introduced irregularly, and never had the sanction of the Church, and therefore never possessed any real author- ity, the General Assenibly has no power to assign them a place in the authorized standards of the Church, and does not deem it proper to take the constitutional measures for effecting their restoration." — 1836, p. 248. 11. Use and Obligation of the Standards. 1. That, in the opinion of this Assembly, Confessions of Faith, con- taining formulas of doctrine, and rules for conducting the discipline and worship proper to be maintained in the house of God, are not only recog- nized as necessary and expedient, but as the character of human nature is continually aiming at innovation, absolutely requisite to the settled peace of the Church, and to the happy and orderly existence of Christian communion. Within the limits of Christendom, few are to be found in the attitude of avowed hostility to Christianity. The name of Christian is claimed by all, and all are ready to profess their belief in the Holy Scriptures, too many reserving to themselves the right of putting upon them what construction they please. In such a state of things, without the aid of Confessions, Christian fellowship can exist only in a very lim- ited degree, and the disorder of the Corinthian Church, condemned by the Apostle, would be realized: " I am of Paul and I of Apollos." 2. That, though the Confession of Faith and standards of our Church are of no original authority, independent of the Scriptures, yet we regard them as a summary of those divine truths which are diffused throughout the sacred volume. They, as a system of doctrines, therefore, cannot be abandoned, in our opinion, without an abandonment of the word of God. They form a bond of fellowship in the faith of the Gospel, and the General Assembly cannot but believe the precious immortals under their care to be more safe in receiving the truth of God's holy word, as exhibited in the stand- ards of our Church, than in being subject to the guidance of any in- structor, whoever he may be, who may have confidence enough to set up his own opinions in opi)osition to the .system of doctrines which men of sound learning, full of the Holy Ghost, and mighty in the Scriptures, have devised from the oracles of the living God. It should never be forgotten, that the Church is solemnly cautioned against the danger of being carried about by every wind of doctrine. 8. This Confession of Faith, adopted by our C^hurch, contains a system of doctrines profe.«sedIy believed by the i)eople and the pastors under the care of the General Assembly, nor can it be traduced by any in the com- munion of our Church, without subjecting the erring parties to that salu- tary discipline which hath for its object the maintenance of the peace and ])uritv of the Church, under the government of her great Master. — 1824, p. 114. 12. Adoption of the Standards in every case required. The committee appointed on an overture respecting the consistency of admitting into this Church ministers who manifest a decided hostility to PRELIMINARY PRI^'CIPLES. 55 ecclesiastical creeds, confessions, and formularies, make the following re- port, which was adopted, viz. : 1. That the Constitution, as is well known, expressly requires of all candidates for admission, a solemn declaration that they sincerely receive and adopt the Confession of Faith of this Church, as containing the sys- tem of doctrine taught in the Holy Scriptures. 2. That the last Assembly, in a report of their committee, to be seen on the minutes, have so explicitly and fully declared the sentiments of this Church in regard to her ecclesiastical standards, and all Avithin her communion who may traduce them, that no further expression of our views on this subject is deemed necessai'y. — 1825, p. 155. 13. The Catechisms an Integral Part of the Standards of the Church. a. The committee to whom was referred Overture No. 5, viz. : " On sub- scribing the Confession of Faith," made the following report, which was unanimously adopted, viz. : That, in their judgment, any further legislation on the subject by the Assembly would be unnecessary and inexpedient. They consider the formula contained in our book, and the rule adopted by the Assembly in 1830 — viz. : "That, in their judgment, every licentiate coming by certifi- cate to any Presbytery, in connection with the General Assembly, from any portion of a corresponding ecclesiastical body, should be required to answer in the affirmative, the constitutional questions directed by chapter fourteenth of our Form of Government, to be put to our candidates before they are licensed ; and that in like manner every ordained minister of the Gospel, coming from any church in correspondence with the General Assembly by certificate of dismission and recommendation, should be required to answer affirmatively the first seven questions directed by chapter fifteenth of our Form of Government, to be put to one of our own licentiates when about to be ordained to the sacred office" (p. 287, 1830) — sufficiently explicit ; and would earnestly recommend these to the atten- tion of the Presbyteries under the cai-e of the Assembly. b. As to the question submitted to them, " Whether the Catechisms, Larger and Shorter, are to be considered as a part of the Standards of our Church, and are comprehended in the words, Confession of Faith of this Church?" the committee feel no hesitation in answering that question in the affirmative. It does not appear that any doubts on that subject have ever been entertained until very recently. The committee find in the minutes of the old Synod, at the union of the Synod of Philadelphia with the Synod of New York, in 1758, that the first article of the Plan of Union contains the following words (Digest, p. 118), viz.: "Both Synods, having always approved and received the Westminster Confession of Faith and Larger and Shorter Catechisms as an orthodox and excel- lent system of Christian doctrine founded on the word of God, we do still I'eceive the same as the Confession of our Faith ; and also the plan of worship, government, and discipline, contained in the Westminster Directory, strictly enjoining it on all our members and probationers for the ministry that they preach and teach according to the form of sound words in said Confession and Catechisms, and avoid and oppose all error contrary thereto." In the recital of the manner in w'hich a Presbytery was received by the Synod of New York, 1763, we have the following record, which is contained in the Assembly's Digest, p. 50: "It was agreed to grant their request, provided that they agree to adopt our Westminster Confession of Faith and Catechisms, and engage to observe the Directory 56 FORM OF GOVERNMENT. as a plan of worship, discipline, and government, according to the agree' ment of this Synod." In 1788, in the Adopting Act of the Confession, as entered in the Di- gest, p. 124, the Catechisms are distinctly mentioned as a part of our standards. " They also took into consideration the Westminster Larger and Shorter Catechisms, and having made a small amendment of the Larger, did approve, and do hereby approve and ratify the said Cate- chisms as now agreed on, as the Catechisms of the Presbyterian Church in the said United States. And the Synod order that the said Directory and Catechisms be printed and bound up in the same volume with the Confession of Faith and the Form of Government and Discipline ; and that the whole be considered as the standard of our doctrine, govern- ment, discipline, and worship, agreeably to the resolutions of the Synod at their present sessions" — one of which resolutions was (p. 123), " that the Form of Government and Discipline, and the Confession of Faith, as now ratified, is to continue to be our constitution and the confession of our faith and practice unalterably, unless two-thirds of the Presbyteries under the care of the General Assembly shall propose alterations or amendments, and such alterations or amendments shall be agreed to and enacted by the General Assembly." Accordingly, in the Directory for the administration of baptism, the Larger and Shorter Catechisms of the Westminster Assembly are mentioned in connection with the Confession of Faith, as adopted by this Church, and are to be recommended as con- taining a summary of the principles of our holy religion, taught in the Scriptures of the Old and Kew Testament. The committee therefore recommend to the Assembly the adoption of the following resolutions, viz. : 1. Rewlved by the Assembly, that in receiving and adopting the Con- fession of Faith, as containing the system of doctrine taught in the Holy Scriptures, the Larger and Shorter Catechisms of the Westminster As- sembly of Divines are included, and do constitute an integral part of the standards of this Church. 2. JResoIvcd, That the use of the Catechisms in the religious instruction of the young and of the children under the care of the Church, be affec- tionateiy and earnestly recommended to the Sessions in connection with the General Assembly, as the most effectual means, under God, of pre- serving the purity, peace, and unity of our Church. — 1832, p. 371. c. Standurd Copy of the Shorter Catechism. Resolved, That the Assembly approve the revised copy of the Shorter Catechism, with the Ten Conimandments, the Lord's Prayer, and the Creed, presented by the Board of Publication, and hereby adopt the same as the standard edition of our Church. — 1872, p. 22. d. The " Heidelberg Catechum" Approved. The Resolutions reported by the Committee on the Heidelberg Cate- chism, were ado])ted, as follows, viz. : 1. Resolved, That this General Assembly recognizes, in the Heidelberg Catechism, a valuable scriptural com])endium of Christian dtxtrine and duty. 2. Re-^olved, That if any churches desire to employ the Heidelberg Catechism in the instruction of their children, they may do so with the approbation of this Assembly. 3. Resolved, That this Assembly cordially rejoices at the continued and PRELIMINARY PRINCIPLES. 57 increasing evidences of agreement and union, among those whose symbols maintain in common the faith once delivered to the saints. — 1870, p. 120. e. Adoption of the Confession includes the Catechisms. "When Ministers and other officers are ordained in the Presbyterian Church, and give an affirmative answer to the question : Do you sincerely receive and adopt the Confession of this Church as containing the system of doctrines taught in the Holy Scriptures? are such Mhiistei-s and officers to be understood as embracing and assenting to the doctrines, principles, precepts, and statements contained in the Larger and Shorter Catechisms, in the same unqualified sense in which they are understood to embrace and assent to the doctrines, principles, precepts, and statements contained in other parts of the Confession of Faith ? The committee recommend that the question be answered in the affirmative, and the recommendation was adopted. — 18-48, p. 18, O. S. 14. Ministers who cannot adopt the Standards, not to be Received. On an overture from the Presbytery of Bethel relative to a Union with the Independent Presbyterian Church, the Assembly answers, " The privilege claimed by the Independent ministers, of holding and teaching doctrines not in harmony with the Confession of Faith, is a privilege, which, even if harmless in this particular case, might be abused as a precedent, and lead in other quarters and in other relations to serious mischief. The Assem- bly expresses the desire that these ministers may soon be able to embrace our standards, without reservation, and in that case the Presbytery of Bethel is hereby authorized to ratify the Union, without further application to this body ; but in the event that the Independent ministers and churches cannot relinquish their peculiarities, with a good conscience, this Assembly will cherish them in the bonds of Christian love, but it cannot see its way clear to embrace them in the same Denomination." — 1857, p. 42, O. S. 15. Refusal to alter the Language of the Confession. Overture from Rev. Sayres Gazley in relation to changes in the lan- guage of our Confession of Faith, regarding the doctrine of the Trinity, and other doctrines. The Committee recommend as an answer, that no change in the lan- guage of the Confession, respecting the points suggestod, is desirable, or consistent with the word of God. Adopted unanimously, — 1859, p. 532, O. S. RELATION OF THE ASSEMBLIES, 0. S. AND N. S., PREVIOUS TO RE- UNION. 16. Committee of Correspondence Appointed. a. The Committee on Bills and Overtures reported an overture in these words : " Besolved, Thai a proposal be made to the General Assembly of the Presbyterian Church, now holding its sessions in the city of Pittsburg, to institute fraternal correspondence by the interchange of delegates." — 1849, p. 174, N. S. The unfinished business of yesterday, viz., the indefinite postpone- ment of the notice to send delegates to the Assembly at Pittsburg, w^as re- sumed. The motion to postpone was lost. The Rev. G. R. H. Shumway then moved to refer the whole subject to a special committee of five, to report to the next General Assembly, 58 FORM OF GOVERNMENT. which was carried, and Rev. Thomas Braiuerd, D. D., Rev. James G. Hamner, D. D., Rev, Henry G. Ludlow, and Messrs. Ambrose White and Frederick A. Raybold were appointed. — 1849, p. 175, N. S. The Result. b. A letter was received from the Rev. Thomas Brainerd, D. D., chairman of the committee appointed by the last Assembly, to correspond with a committee of the other General Assembly of the Presbyterian Church, if such should be appointed, stating that "as no corresponding committee was appointed by our brethren of the Assembly which met in Pittsburg last year, no opportunity has been had to carry out the fra- ternal and Christian spirit of our Assembly." The committee were thereupon discharged.— 1850, p. 306, N. S. 17. In answer to overtures for a Reunion, the Assembly, O. S., reply — An overture from the Presbytery of Rochester, asking this Assembly to adopt some measures to effect a union between the two branches of the Presbyterian Church — This Assembly having in former years (see Minutes of 1838, pp. 35 and 36, and Minutes of 1842, p. 32) fully declared that it was not its in? tention " to cause any sound Presbyterian to be permanently separated from our connection," and having provided a mode of return to our body (see Minute of 1838, p. 36) on principles Avhich have seemed adapted to preserve the purity and peace of our Churches, consider it inexpedient to take any further action on the subject at this time. Yet the Assembly would reiterate its desire to see all sound Presbyterians reunited in one com- munion, according to the doctrine and polity of our standards, and would afiectionately invite all such to seek this union in the ways that are now open to them. — 1850, p. 467, O. S. 18. In answer to overtures for a Reunion, the Assembly, N. S., reply — The report of the Committee on the union of the two branches of the Presbyterian Church, was taken from the docket, considered, adopted, and is as follows : Resolved, 1. That the temper of these overtures meets the hearty ap- proval of the Assembly, entirely accordant, as it is, with that spirit of brotherly affection toward other denominations, and of co-operation in matters of common interest, which has marked our whole history. Resolved, 2. That while we have ever regretted the divisive acts of 1837, deeming them at variance alike Avith the Constitution of our Church and the word of God, we have never cherished an unkind or exacting s])irit ; as has been evinced in various ways, particularly in the proposal, made by us some years since, to gather with our brethren of the other Assembly, around the table of our common Lord. Resolved, 3. That it would give us pleasure to unite, in the closest fel- lowship, with all ])orsons who can stand with us on the basis of our Con- fession of Faith and Book of Discipline; and who substantially agree with us on the great moral questions of the day — in the matter, es])ecially, of loyalty to the Government, and in the views of Slavery set forth, prior to the division, in the deliverance of 1818. Resolved, 4. That, while we bear in remembrance the prayer of our Lord, that his disciples may be one, and while we can see some special advantages to be derived from a reunion of the two branches of the Pres- b}i;erian Church ; we do not perceive, that, beyond the preceding declara- PRELIMINARY PRINCIPLES. 59 tion of our views, anything remains for us, at the present, but to await hunihlv and teachably the movements of Divine Providence. — 1862, p. 38, N."S. 19. Initiation of Correspondence between the Assemblies. a. In the General Assembly of the Presbyterian Church in the United States of America, in session at Columbus, Ohio, the matter of a fraternal correspondence by commissioners, with the General Assembly of the Pres- byterian Church (New-school), in session at Cincinnati, Ohio, being duly considered, is decided as follows : This Assembly having considered certain overtures sent to it by a few of the Presbyteries under its care, proposing that steps should be taken by it towards an organic union between this Church and the Church under the care of the Presbyterian General Assembly (New-school) ; and having determined against the course proposed in said overtures, has also been informed that the other General Assembly has, about the same time, come to a similar conclusion on similar overtures laid before it by a cer- tain number of its own Presbyteries. Of its own motion, this General As3en)bly, considering the time to have come for it to take the initiative in securing a better understanding of the relations which it judges are proper to be maintained between the two General Assemblies, hereby pro- poses that there shall be a stated, annual, and friendly interchange of commissioners between the two General Assemblies ; each body sending to the other one minister and one ruling elder, as commissioners, year by year ; the said commissioners to enjoy such privileges, in each body to which they are sent, as are common to all those now received by this body from other Christian denominations. The Moderator of this Assembly will communicate this Deliverance to the Moderator of the other Assembly, to be laid before it with our Chris- tian salutations.— 1862, pp. 633, 634, O. vS. [This action was communicated to the Assembly, N. S., of 1863, whose response was as follows.] h. The Committee, to whom was referred the communication from the General Assembly of the Presbyterian Church in the United States of America, that met at Columbus, Oiiio, in May, 1862, addressed to this General Assembly, and proposing "a stated, annual, and friendly inter- change of Commissioners between the two General Assemblies," recom- mend the adoption of the following resolutions : Resolved, 1. That this Assembly, with heartfelt pleasure and Christian salutations, accept the proposition thus made, hoping and praying, that it may result "in securing a better understanding of the relations," which, in the judgment of this Assembly, "are proper to be maintained between the two xVssemblies." 2. That, in accordance with the suggestion of the Moderator of the Assembly that met at Columbus, Ohio, in May, 1862, that this inter- change of Commissioners should commence at the earliest practicable period, the Rev. Robert AV. Patterson, D. D., and the Hon. William H. Brown, Principals, and the Rev. Arthur Swazey and Mr. Oliver H. Lee, Alternates, all of the Presbytery of Chicago, be appointed Commission- ers to represent this General Assembly in the General Assembly now in session at Peoria, 111. 3. That it be suggested that future General Assemblies of the two branches of the Presbyterian Church in the United States, hereafter, designate each other respectively by the places in which their sessions are appointed to be held. 60 FORM OF GOVERNMENT. 4. That a certified copy of this action be at once transmitted to the Moderator of the General Assembly now in session at Peoria, 111., and that the Commissioners appointed be requested to repair to that body, and express to them the fraternal and Christian regards of this General Assembly.— 1863, p. 230, N. S. 20. Action of the O. S. looking to Reunion.— Committee appointed. a. The Committee of Bills and Overtures report Overture No. 10, ou the subject of the reunion of the two branches of the Presbyterian Church, from the Presbyteries of Leavenworth, Muucie, New Lisbon, Madison, Erie, and Oxford. These Presbyteries ask the Assembly to take measures at this session to secure, at an early day, the organic union of the two bodies whose General Assemblies are now in session in this city. The Committee recommend the adoption of the following resolutions : Resolved, 1. That this Assembly expresses its fraternal affection for the other branch of the Presbyterian Church, and its earnest desire for re- union at the earliest time consistent with agreement in doctrine, order, and polity, on the basis of our common standards, and the prevalence of mu- tual confidence and love which are necessary to a happy union, and to the permanent peace and prosperity of the united Church. Resolved, 2. That it be recommended to all our churches and church courts, and to all our ministers, ruling elders, and communicants, to cher- ish fraternal feelings, to cultivate Christian intercourse, in the worship of God and in the promotion of the cause of Christ, and to avoid all need- less controversies and competitions adapted to perpetuate division and strife. Resolved, 3. That a Committee of nine ministers and six ruling elders be appointed, provided that a similar Committee shall be appointed by the other Assembly now in session in this city, for the purpose of conferring in regard to the desirableness and practicability of reunion, and if, after conference and inquiry, such reunion shall seem to be desirable and prac- ticable, to suggest suitable measures for its accomplishment, and report to the next General Assembly. — 1866, p. 44, O. S. h. Response of the N. S. Committee appomted. The Committee on the Polity of the Church reported on several over- tures relating to Reunion with the Other Branch of the Presbyterian Church. The report was unanimously adopted, and is as follows : The Committee on the Polity of the Church report overtures, numbered 5 to 16, on the subject of the Reunion of the two branches of the Presby- terian Church : from the Presbyteries of New York, 3d, and New York, 4th, Newark, Dubuque, Greencastle, Alton, Steuben, Athens, Monroe, Keokuk, Long Island, Trumbull, and San Jose. All these Presbyteries, with dif- ferent degrees of urgency, recommend to this Assembly to initiate, or to respond to, proposals looking to an entire Reunion of the churches repre- sented by the two General Assemblies now in session in the city of St. Louis. The General Assembly now in session at the Second Presbyterian Church of this city has also adopted resolutions, appointing a Committee to confer with a similar Committee of our own Church in regard to the desirableness and practicability of such Reunion. Your Committee recommend to this Assembly the adoption of the fol- lowing resolutions : Resolved, That this Assembly tender to the Assembly, representing the Other Branch of the Presbyterian Church, its cordial Christian saluta- PEELIMINARY PEINCIPLES. 61 tions and fellowship, and the expression of its earnest wish for Keunion, on the basis of our common standards, received in a common spirit. Resolved, That a committee of fifteen, nine of whom shall be Ministers of the Gospel, and six Ruling Elders, be appointed to confer on this sub- ject, in the recess of the Assemblies, with the Committee to be appointed by the other General Assembly, and to report the results to the next Gen- eral Assembly. Resolved, That we enjoin upon this Committee, and upon all our ministers and church members, to abstain from whatever may hinder a true Chris- tian fellowship, and to cherish and cultivate those feelings and purposes which look to the peace and prosperity of Zion, the edifying of the body of Christ, and the complete union of all believers, especially of those who live in the same land, and have the same history, and the same standards of Doctrine and Polity. Resolved, That a copy of these resolutions, with the names of our Com- mittee, be sent to the other General Assembly now in session in this city. —1866, pp. 273, 274, N. S. [Under these Resolutions the following Committees were appointed, viz. : of the Old School.] Mimders. — J. M. Krebs, D, D., of the Svnod of New York, C. C. Beatty, D. D., of the Synod of Wheeling, J. T. Backus, D. D., of the Synod of Albany, P. D. Gurley, D. D., of the Synod of Baltimore, J. G. Monfort, D. U., of the Synod of Cincinnati, W. £). Howard, D. D., of the Synod of Pittsburg, W. E. Schenck, D. D., of the Synod of Philadelphia, Villeroy D. Reed, D. D., of the Synod of New Jersey, F. T. Brown, D. D., of the Synod of Chicago. Rulhvi Elders. — James ^I. Ray, of the Synod of Northern Indiana, Robert McKnight, of the Synod of Allegheny, Samuel Galloway, of the Synod of Ohio, H. K. Clarke, of the Synod of Sandusky, George P. Strong, of the Synod of Missouri, Ormond Beatty, of the Synod of Kentucky.— 1866, p. 48, O. S. [Of the New School.] Thomas Brainerd, D. D., Chairman, William Adams, D. D., Edwin F. Hatfield, D. D., Jonathan F. Stearns, D. D., Philemon H. Fowler, D. D., James B. Shaw, D. D., Henry L. Hitchcock, D. D., Robert W. Patterson, D. D., and Henry A. Nelson, D. D., with Ruling Elders — Joseph Allison, LL. D., Henry W. Williams, LL. D., and Messrs. Truman P. Handy, Edward A. Lambert, Robert W. Steele, and William H. Brown. — 1866, p. 278, N. S. [The joint committee thus constituted, reported to the Assemblies of 1867, as follows :] EEPOET OF THE COMMITTEE ON THE REUNION OF THE PEES- BYTERIAN CHURCH. The Committee appointed by the last General Assembly to confer with a similar Committee of the other Assembly, on the desirableness and prac- ticability of reuniting the bodies which they severally represent, would respectfully report : That in the discharge of the duty assigned them, the two Committees assembled in the city of New Yoi'k on Wednesday, February 20th, 1867, and after organizing in their respective places of appointment, met in joint session for conference and prayer. These meetings continued to a late hour on Friday evening, February 22d, when the Committees ad- journed, to meet again in the same city, on the first day of May. Re- assembling at that time, they continued their conferences till Tuesday, May 7th, when they finally adjourned. 62 FORM OF GOVERNMENT. The circumstances in wliicli the Committees held their first meeting were so peculiar as to demand a special mention, as they were fitted to produce an unusual sobriety. The chairmen of both Committees, as originally constituted, were ab- sent. One, Rev. Dr. Brainerd, had been translated to that world where all the distinctions of Christian discipleship which exist on the earth are lost in the harmony of heaven. The other, Rev. Dr. Krebs, was disabled, by severe illness, from all participation in our conferences, waiting for that change to come which will unite him to the great company of Chris- tian ministers in the kingdom of God. All the meetings of the Committees were distinguished by a degree of courtesy and unanimity which was more than common. Composed of. men of decided individuality, representing divers interests and sections, they have discussed every question — many of them of admitted delicacy and difficulty — with the vitmost frankness, without one word or expression of any kind ever to be regretted by Christian brethren who felt the grave responsibilities of their position. The result of their conferences is contained in the following document, adopted in joint Committee with remarkable unanimity. PEOPOSED TEEMS OF EEUXIOX BETWEEX THE TWO BEAXCHES OF THE PEESBYTEEIAX CHUECH IN THE UNITED STATES OF AMEEICA. The Joint Committee of the two General Assemblies of the Presby- terian Church, appointed for the purpose of conferring on the desirable- ness and practicability of uniting these two bodies, deeply impressed with the responsibility of the work assigned us, and having earnestly sought Divine guidance and patiently devoted ourselves to the investigation of the questions involved, agree in presenting the following for the consid- eration, and, if they see fit, for the adoption of the two General Assem- blies. Believing that the interests of the Redeemer's kingdom would be j^ro- moted by healing our divisions ; that practical union would greatly aug- ment the efficiency of the whole Church for the accomplishment of its divinely-appointed work ; that the main causes producing division have either wholly passed away or become in a great degree inoperative; and that two bodies, bearing the same name, adopting the same Constitution, and claiming the same corporate rights, cannot be justified by any but the most imperative reasons in maintaining separate and, in some respects, rival organizations ; and regarding it as both just and proper that a Re- union should be effected by the two Churches as independent bodies, and on equal terms ; we propose the following Terms and Recommendations, as suited to meet the demands of the case. 1. The Reunion shall be effected on the doctrinal and ecclesiastical basis of our common standards. The Confession of Faith shall continue to be sincerely received and adopted " as containing the system of doc- trine taught in the Holy Scriptures ;" and its fair historical sense, as it is accepted by the two bodies, in opposition to Antinomianism and Fatalism on the one hand, and to Arminianism and Pelagianism on the other, sh.ali be regarded as the sense in which it is received and adopted ; and the government and discipline of the Presbyterian Church in the United States shall continue to be approved as containing the principles and rules of our polity. 2. All the ministers and churches embraced in the two bodies shall be PRELIMINARY PRINCIPLES. 63 admitted to the same standing in the united body which they may hold in their respective connections up to the consummation of the union ; and all tlie churches connected with the united body, not thoroughly Presby- terian in their organization, shall be advised to perfect their organization as soon as is permitted by the highest interests to be consulted ; no other such churches shall be received ; and such persons alone shall be chosen Commissioners to the General Assembly as are eligible according to the Constitution of the Church. 3. The boundaries of the several Presbyteries and Synods shall be ad- justed by the General Assembly of the united Church. 4. The official Records of the two branches of the Church for the period of separation shall be preserved and held as making up the one history of the Church ; and no rule or precedent, which does not stand approved by both the bodies, shall be of any authority until re-established in the united body. 5. The corporate rights, now held by the two General Assemblies and by their Boards and Committees, shall, as far as practicable, be consol- idated and applied for their several objects as defined by law. 6. There shall be one set of Committees or Boards for Home and For- eign Missions, and the other religious enterprises of the Church, which the churches shall be encouraged to sustain, though left free to cast their contributions into other channels if they desire to do so. 7. As soon as practicable, after the union shall be effected, the General Assembly shall reconstruct and consolidate the several Permanent Com- mittees and Boards which now belong to the two Assemblies, in such a manner as to represent, as far as possible, with impartiality, the views and wishes of the two bodies constituting the united Church. 8. When it shall be ascertained that the requisite number of Presby- teries of the two bodies have approved the terms of union, as hereinafter provided for, the two General Assemblies shall each appoint a Committee of Seven, none of them having an official relation to either the Board or the Committee of Publication, who shall constitute a joint Committee, whose duty it shall be to revise the Catalogues of the existing publica- tions of the two Churches, and to make out a list from them of such books and tracts as shall be issued by the united Cliurch ; and any cata- logue thus made out, in order to its adoption, shall be approved by at least five members of each Committee. 9. If, at any time after the union has been effected, any of the theo- logical seminaries, under the care and control of the General Assembly, shall desire to put themselves under Synodical control, they shall be per- mitted to do so at the request of their Boards of Direction ; and those seminaries which are independent in their organization, shall have the privilege of putting themselves under ecclesiastical control, to the end that, if practicable, a system of ecclesiastical supervision of such institu- tions may ultimately prevail through the entire united Church. 10. It shall be regarded as the duty of all our judicatories, ministers, and people in the united Church, to study the things which make for peace, and to guard against all needless and offensive references to the causes that have divided us ; and in order to avoid the revival of past is- sues by the continuance of any usage in either branch of the Church, that has grown out of our former conflicts, it is earnestly recommended to the lower judicatories of the Church, that thej^ conform their practice in relation to all such usivges, as far as consistent with their convictions of duty, to the general custom of the church prior to the controversies that resulted in the separation. 64 FORM OF GOVERNMENT. 11. The terms of the reunion shall be of binding force, if they shall be ratified by three-fourths of the Presbyteries connected with each branch of the Church within one year after they shall have been submitted to them for approval. 12. The terms of the reunion shall be published by direction of the General Assemblies of 1867, for the deliberate examination of both branches of the Church, and the Joint Committee shall report to the General Assemblies of 1868 any modification of them they may deem de- sirable, in view of any new light that may have been received during the year. 13. It is recommended that the Hon. Daniel Haines and the Hon. Henky W. Green, LL. D., of New Jersey, Daniel Lord, LL. D., and Theodore W. Dwight, LL. D., of New York, and Hon. William Strong and Hon. George Sharsw^ood, LL. D., of Pennsylvania, be ap- pointed by the General Assemblies a Committee to investigate all ques- tions of property and of vested rights as they may stand related to the matter of reunion, and this Committee shall report to the Joint Commit- tee as early as the first of January, 1868. 14. It is evident that, in order to adapt our ecclesiastical system to the necessities and circumstances of the united Church as a greatly enlarged and widely-extended body, some changes in the Constitution will be re- quired. The Joint Committee, therefore, request the two General Assem- blies to instruct them in regard to the preparation of an additional article on this subject, to be reported to the Assemblies of 1868. Signed by order of the Joint Committee, Charles C. Beatty, Chairman. Edwin F. Hatfield, Secretary. New York, May 7th, 1867. Leaving their report with the General Assemblies, and the ministers and churches of our denomination throughout the land, your Committee cannot disregard the Providential auspices under which their recommen- dations await decision. The present is thought to be a favorable time, now that many questions of former controversy have lost their interest, for adopting a magnanimous policy, suited to the necessities of our country and the world. The Presbyterian Church has a history of great renown. It has been intimately associated with civil and religious liberty in both hemispheres. Its republican and representative character, the parity of its clergy, the simplicity of its order, the equity of its administration, its sympathy with our institutions, its ardent patriotism in all stages of our history, its flex- ible adaptations to our heterogeneous population, its liberal support of schools, colleges, and seminaries designed for general education and the- ological culture, its firm and steadfast faith in the extension of the Re- deemei-'s kingdom, and this by means of revealed truth and the special effusions of the Holy Spirit, in distinction from all trust in human arts and devices all unite to promise, if we are wise and faithful, a future for the Presbyterian Cburch in these United States greater and better than all the past. Amid all the changes wl)ich have occurred around us^ we are confident that nothing true and good will ever recede or decay ,- and it becomes all those who love the same faith, order, and worship, abound- ing in love and hope, to pray that God would " count them worthy of their calling, that they may fulfill all the good pleasure of His goodness and the work of faith with power, that the name of our Lord Jesus PEELIMIXARY PEI^X•1PLES. 65 Christ may be glorified in them and they in him, according to the grace of our Lord Jesus Christ." Signed by order of the Committee. Charles C. Beatty, Chairman. William Adajjis, Chairman. New York, May 7, 1867. 1867, pp. 387-390, O. S. 1867, pp. 480-484, N. S. 23. In the respective Assemblies of 1867 action was taken upon the above report as follows, viz. : a. 1. Besolved, That this Assembly has listened with grateful and pro^ found satisfaction to the report of the Committee on Church Reunion, and recognizes in the unanimity of the Joint Committee the finger of God as pointing toward an early and cordial reunion of the two sister Churches now so long separated. 2. Resolved, That said Committee be continued and directed to co-oper- ate with any similar Committee of the other branch in furtherance of this object, and to report thereon to the next General Assembly. 3. Resolved, That the Committee be empowered to fill all vacancies that may occur in their body during the coming year, whether by resignation,, protracted sickness, or by death. 4. Resolved, That the necessary expenses incurred by this Committee, in the discharge of the duties assigned them, be paid from the profits on the sale of books by the Board of Publication. 5. Resolved, That the Report of the Committee be published in the Appendix to the INIinutes, and in our religious newspapers, and commend- ed to the careful consideration of our whole Church, and that the Com- mittee be directed to report to the next General Assembly any modifica- tion of the terms of reunion specified therein, which may appear desirable to the Joint Committee, in view of any further light that may have been received during the year. 6. Resolved, That the Hon. Daniel Haines, and the Hon. Henry W. Green, LL. D., of New Jersey, Daniel Lord, LL. D., and Theodore Dwight, LL. D., of New York, and the Hon. Wm. Strong, and the Hon. Geo. Sharswood, LL. D., of Pennsylvania, be appointed a Committee to inves- tigate all questions of property and of vested rights as they may stand related to the matter of reunion ; and that this Committee be requested to report to the Joint Committee as early as January 1, 1868; and that our share of the necessary expenses incurred by this Committee be also paid by our Board of Pulilication from the profits on its book-sales. 7. Resolved, That in submitting the Report of the Committee on Re- union to the consideration of the Churches and Presbyteries, the Assem- bly is not called upon at this time to express either approbation or dis- approbation of the terms of reunion presented by the Committee in its details, but only to afibrd the Church a full opportunity to examine the subject in the light of all its advantages and difficulties, so that the Com- mittee may have the benefit of any suggestions which may be offered, be- fore making a final report for the action of the next Assembly. On motion of Rev. P. D. Young, the Moderator was requested to ap- point a member of the Reunion Committee of Fifteen to fill the virtual vacancy occasioned by the illness of the Rev. John M. Krebs, D. D. In accordance with this request, the Moderator appointed the Rev. J. E. Rockwell, D. D., of the Synod of New York.— 1867, p. 362, O. S. b. The Committee, to whom was referred the Report of the Special Committee, appointed by the last General Assembly to confer with a sim- 66 FORM OF GOVERNMENT. ilar Committee on the desirableness and practicability of reuniting the bodies which they severally represent, would respectfully report: That they have given the document committed to them a careful con- sideration, in view of its grave importance, and the manifold interests it involves in its relations to our own Church and the progress of the King- dom of Christ in the earth. It presents a basis for the proposed Reunion, ■which, if the two Assemblies so order, is to be submitted to the deliberate examination of both Branches of the Church for one year, subject to such modifications as may appear necessary or desirable within that pe- riod. It leaves the General Assemblies of 1868 free to act with reference to these terms of Reunion, in whole or in part, as providential signs may indicate; and, if advisable, to submit them to the constitutional and final action of the Presbyteries. Ample opportunity is thus afibrded for a full and deliberate consideration of the whole subject, in all its bearings, as they shall aflJect local interests or the well-being of the entire Church. For this and kindred reasons, your Committee conclude it was not the intention of this body, in referring to them this proposed basis of Reunion, that its several articles should be discussed at this time and place ; and yet they cannot withhold their conviction, expressed in these general terms, that results have already been reached full of promise and hope ; that, whatever concessions have been made, they only indicate how near the two parts of the divided Church have approached each other ; that nothing more and nothing less than Christian charity would dictate has been yielded ; and that, in the adjustment of any difiiculties or difiTer- ences, a proper regard has been preserved for the honor and rights of the respective bodies, to which the work of their Joint Committee is now sub- mitted. The remarkable unanimity with which these initiatory proceed- ings have been concluded, after a thorough and frank discussion of the basis of Union, is full of encouragement ; and whatever may be the ulti- mate result, much has already been accomplished for the healing of our divisions, and the promotion of peace and good-will in the Presbyterian body. Impressed with these considerations, and gratefully recognizing therein the guiding providence of God in the successive stages of this work of concord, and especially in the spirit of wisdom and love given to His ser- vants in their several conferences, we do recommend, that this Assembly approve of the whole action of its Special Committee as declared in their Report, and that the same Committee be continued for the purposes for which it was constituted. There is a single point on which the Joint Committee ask instructions from the two General Assemblies. It relates to the changes in represen- tation, etc., which will be required to adapt our ecclesiastical system to the necessities and circumstances of the united Church. We would rec- ommend, that it be left to the Joint Committee to examine carefully the whole subject, and suggest such changes in the Constitution as in their wisdom they may deem requisite. It is further recommended, that the report of the Joint Committee be published under the authority of the General Assembly, for general dis- tribution among our ministers and churches. It is also reconnuended, that the Assembly appoint the several gentle- men designated by the Joint Committee as legal advisers, and tliat, in case of the inability of any one of them to serve, the Committee have power to fill his place. It is indicative, we would believe, of the temper of this Assembly, the largest during our history of thirty years since the separation, that your PRELIMINAEY PRINCIPLES. 67 Committee, though representing the extremes of our territory, and even the lingering memories of the conflict which culminated in the division, are of one mind in desiring the speedy and permanent Reunion of our beloved Church. It is but reasonable to anticipate, that the same spirit will characterize the action of the other Assembly, in the recollection of the fraternal, not to say magnanimous, advances made one year ago, and which gave rise to present measures for Reunion, and the hope increas- ingly and fondly cherished in the great Presbyterian household. Other members of that renowned family, than those represented in the two As- semblies now in session, at home and across the sea, are stirred in sym- pathy at the goodly prospect. The friends of Christian Union every- where claim an interest in the completion of our work, so happily begun, as another sign of the predicted day when all Christ's people shall be one, keeping the unity of the Spirit in the bond of peace. — 1867, pp. 485. 486, N. S. [The Committee was continued, and in 1868 presented the following.] EEPOET OF THE COMMITTEE OX REUXIOX. The Committee appointed by the General Assembly of 1866 to confer with a similar Committee of the other Assembly, in regard to the Re- union of the two Branches of the Presbyterian Church ; and continued by the Assembly of 1867, with directions and instructions to co-operate with the other Committee in furtherance of the object, and " report to the General Assemblies of 1868 any modification of the terms of Union which might seem desirable to the Joint Committee, in view of any new light that may have been received during the year" — would now respectfully report : That the two Committees again assembled in joint meeting, in the city of Philadelphia, on Wednesday A. M., the 11th of March, 1868, and con- tinued in conference, reviewing the terms of Union, with the further light which they had received, till Saturday afternoon the 14th, when, having finished the important business with which they were intrusted, they finally adjourned. Every member of these large Committees was present with the ex- ception of Rev. Dr. Hitchcock, of Ohio, absent in Europe, Rev. Dr. Howard, of Pennsylvania, detained by severe illness, and Judge Strong, of Missouri, prevented by unavoidable professional engagements. Rev. Dr. Patterson, of Illinois, arrived from a foreign voyage, after a long ab- sence, in season to meet the Committee ; but feeling himself obliged to leave for home on Thursday afternoon, did not participate in the final action. This large and patient attendance was a new indication of the deep interest, which is felt throughout the country in the subject under consideration, and also of the profound sense of responsibility on the part of the several members of the .Joint Committee, charged to take action in a matter, which must aftect extensively and permanently the interests of our country and the kingdom of our Lord Jesus Christ. To our regret, the report expected from the Legal Advisers appointed to investigate questions of property and vested rights was not received, owing to the death of INIr. Daniel Lord, and the fact that Judges Strong and Sharswood had declined to act in the premises, because of their pres- ent ofiicial position on the Bench. After filling a vacancy by the appoint- ment of Hon. William A. Porter, of Philadelphia, we requested the Legal Committee to meet as soon as practicable and prepare their report, which will be submitted by them directly to the Assemblies. 68 FORM OF GOYERXMENT. To affirm that all the meetings of the Joint Committee were distin- guished, as heretofore, by Christian courtesy and kindness, would be but a faint expression of the truth. This sentiment of fraternal confidence and regard assumed such forms of expression, that all who participated in the conference will be sure to remember it, as one of the greatest and happiest privileges of their lives. This kindness of feeling, however, did not repress or modify the utmost frankness in the statement of difficulties, real and alleged, on either side. It ought to be stated distinctly, in justice to all the many interests and sections represented by these Committees, that there was not the least reserve in the expression of the objections, which had been urged in any quarter, against the proposed reunion. So frank and explicit was this utterance, that at times it appeared as if hon- est differences of opinion would render success uncertain. But the effect of continued and candid conference was the increase of confidence, through the correction of misapprehensions and the removal of obstacles, so that the very clouds, which threatened to obscure the light, arranged them- selves at last so as to reflect and increase what they could not hide. The prayers of many churches and Conventions, in different parts of the coun- try, known to the Committee to be ascending to God in their behalf, were abundantly answered in the entire harmony and unanimity to which they eventually attained. By this unanimity it is not meant, that in every article and act of the Committee the preferences of each member were fully met ; but that all were finally agreed, that the basis of Union now to be reported was, in the circumstances, the best that could be framed in the way of adjusting divers conflicting views and interests ; and as such it was adopted in the final vote, with entire unanimity, pledges of cordial support, and sincere thanks to Almighty God. Your Committee are fully persuaded that, if the ministers, elders, and members of both branches of the Church had been present at our recent conferences, seen what we saw, and heard what we heard, they would heartily join in the result which was reached by their representatives. With this belief the Committee have judged it expedient and proper, to accompany their report with such explanatory words, as may serve to convey to others the facts and motives which proved of such weight to themselves. Your Committee were not at liberty to forget or overlook the premises upon which they received their appointment. The Resolution of the Gen- eral Assembly (O. S.) in which this movement originated, expressed the " earnest desire " of that body for reunion at the earliest time consistent with agreement in doctrine, order, and polity, on the basis of our common standards and the prevalence of mutual confidence and love. The Gen- eral Assembly (N. S.), in responding to this action by a similar vote, expressed " its earnest ivish for reunion " on a similar basis. This EARNEST DESiKE for uniou, as confessed by both bodies, is a fact which antedates the appointment of your Committee. They were not commissioned to inquire whether it existed, or to take measures to excite and promote it. The existence of this acknowledged sentiment was the basis upon which the two Committees were appointed. Tliese premises assumed, the position occupied by the Joint Committee, and the point of view from which they should survey their work, were already decided by both Assemblies. The desirableness of reunion, if it can be consummated on satisfiictory terms, is not to be treated and put aside as a blind and imbecile impulse ; it is the act and expression of Christian wisdom. The movement, thus inaugurated and advanced, was not made necessary by the condition or PRELIMINARY PRINCIPLES. 69 prospects of either of the bodies now in conference. Each is thoroughly organized, equipped, and prosperous. Neither needs the accession of the other for its own sake merely. The motives which impel to union are higher and greater than any which pertain to denominational advantage. They relate to the welfare of the whole country, and the kingdom of our Lord in all the earth. On this high ground, chosen for them in the prov- idence of God, by the action of both Assemblies, the two Committees took their stand, inclined in advance, when any concessions were to be made, that the lesser preference should defer to the greater and the stronger. The changes which have occurred in our own country and throughout the world, during the last thirty years — the period of our separation — ar- rest and compel attention. Within this time the original number of our States has been very nearly doubled. It was in the year 1837 that what is now the great and prosperous State of Michigan was admitted into the Union. Florida, Texas, Wisconsin, Iowa, California, Minnesota, Oregon, Kansas, Nevada, Nebraska, have followed in rapid succession ; with nu- merous territories already organized, soon to take their places in the Na- tional Union. And all this vast domain is to be supplied with the means of education and the institutions of religion, as the only source and pro- tection of our national life. The population crowding into this immense area is heterogeneous. Six millions of emigrants, representing various religions and nationalities, have arrived on our shores within the last thirty years ; and four millions of slaves, recently enfranchised, demand Christian education. It is no secret that anti-Christian forces — Roman- ism, Ecclesiasticism, Rationalism, Infidelity, Materialism, and Paganism itself — assuming new vitality, are struggling for the ascendency. Chris- tian forces should be combined and deployed, according to the new move- ments of their adversaries. It is no time for small and weak detachments which may easily be defeated in detail. A lesson has been given us in recent years, as to the ease with which diversities of sentiment may be harmonized and combined in one purpose to maintain the national life. The time has come when minor motives should be merged in the mag- nanimous purpose, inspired both by patriotism and religion, to Christian- ize the whole country. The necessity of a closer union among Christians of a common faith and order has come to be felt in a new sense, by the members of our sev- eral churches. It cannot be denied, that there exists a widespread and earnest longing for more of visible unity among all classes of Christian people. This is especially noticeable among the most intelligent, active, and generous in our coiuiection. Responding to the teachings and chal- lenges of the pulpit, the laity in our large cities and towns have entered upon a new stage of Christian activity, demonstrating the possibility of practical union in the stewai-dship of Christ. In many quarters there is an evident increase of evangelic life and energy. With these facts well authenticated before them, your Committee feel that, should the elements now stirred and converging toward union be diverted and repelled from their object, the effect would be most disastrous on the prospects of true religion. If the hearts of Christian people, combined already throughout the land in Christian work, should be disappointed as to that organic union which they crave, and this, through differences asserted by die clergy, which the laity either do not understand or with which they have no sym- pathy, the certain effect will be to lessen the sentimeut of respect and con- fidence on their part toward their appointed leaders, and weaken the force of paramount motives. Nor is the proposed union desirable on our own account only. It is 70 FORM OF GOVERNMENT. inevitable that its effects should be felt throughout the whole of Christen- dom. Many of the ecclesiastical organizations of Protestant Europe had their origin in remote controversies connected with the Ileforniation. That was a time for the assertion of truth, rather than for the expression of love. It was not so much a season for extending Christianity as for purifying and preparing it for future aggression. If we must judge now, that segregation was then carried to an extreme beyond what was required by necessity and Christian charity, surely we possess peculiar advantages in this country and ago, for availing ourselves of a wiser and happier policy. Nothing is so long-lived and inveterate as ancestral memories and prejudices. Before the world we are now engaged, as a nation, in solving the problem whether it is possible for all the incongruous and antagonistic nationalities thrown upon our shores, exerting their mutual attraction and repulsion, to become fused in one new American sentiment. If the several branches of the Presbyterian Church in this country, rep- resenting to a great degree ancestral differences, should become cordially united, it must have not only a direct effect upon the question of our national unity, but reacting by the force of a successful example on the Old World, must render aid in that direction, to all who are striving to reconsider and readjust those combinations, which had their origin either in the faults or the necessities of a remote past. The results of our present movement are eagerly observed by many, and its success or fail- ure must inevitably affect other efforts, at home and abroad, looking to the consolidation of other branches of the Christian Church ; nor can we doubt that, if any hindrance should frustrate the consummation of that union now contemplated by ourselves, a pang of grief and disappoint- ment would be felt not only in our own country, but throughout Protest- ant Christendom. The third of a century, the life of a whole generation, has indeed wrought wondrous changes, of the greatest promise for the future. An- other order of things exists. Old causes of irritation are removed. A new generation in the ministry and the membership of the Church has arisen, with little sympathy for those controversies that resulted in division. A new evangelic spirit is abroad, like the breath of Spring, inviting to a new style of action. It would have betrayed a criminal temper, on the part of your Com- mittee, had they been indifferent to those events and sentiments to which they owe their own appointment, and under the influence of which they addressed themselves honestly, patiently, and prayerfully to the^ duty assigned to them. The result of their deliberation is embodied in the following document, which they now submit for the consideration of the Assemblies : — PROPOSED TERMS OF REUNION BETWEEN THE TWO BRANCHES OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. The Joint Committee of the two General Assemblies of the Presby- terian Church, api)ointed for the purpose of conferring on the desirable- ness and practicability of uniting these two bodies, deeply impressed with the responsibility of tlie work assigned us, and having earnestly sought Divine guidance, and patiently devoted ourselves to the investigation of the (luestions involved, agree in presenting the following for the considera- tion, and, if they see fit, for the adoption, of the two General Asseml)lies. Believing that the interests of the Redeemer's kingdom would be PEELIMINAEY PEINCIPLES. 71 promoted by healing our divisions; that practical union would greatly augment the efficiency of the whole Church for the accomplishment of its divinely-appointed work ; that the main causes producing division have either wholly passed away, or become so far inoperative, as that Reunion is now " consistent with agreement in doctrine, order, and polity, on the basis of our common standards, and the prevalence of mutual confidence and love ;" and that two bodies, bearing the same name, adopting the same Constitution, and claiming the same corporate rights, cannot be justified by any but the most imperative reasons in maintaining separate and, in some respects, rival organizations; and regarding it as both just and proper, that a Reunion should be effected by the two Churches, as independent bodies, and on equal terms ; we propose the following Terms and Recommendations, as suited to meet the demands of the case : 1. The Reunion shall be effected on the doctrinal and ecclesiastical basis of our common standards ; the Scriptures of the Old and New Testaments shall be acknowledged to be the inspired Wor-d of God, and the only infallible rule of faith and practice ; the Confession of Faith shall con- tinue to be sincerely received and adopted, " as containing the system of doctrine taught in the Holy Scriptures ;" it being understood, that this Confession is received in its proper, historical — that is, the Calvinistic or Reformed — sense ; it is also understood, that various methods of view- ing, stating, explaining, and ilkistrating, the doctrines of the Confession which do not impair the integrity of the Reformed or Calvinistic system, are to be freely allowed in the united' Church, as they have hitherto been allowed in the separate Churches: and the Government and discipline of the Presbyterian Church in the United States shall be approved as con- taining the principles and rules of our polity. 2. All the ministers and Churches, embraced in the two bodies, shall be admitted to the same standing in the united body, which they may hold in their respective connections up to the consummation of the union ; im- perfectly organized churches shall be counseled and expected to become thoroughly Presbyterian, as early, within the period of five years, as is permitted by the highest interests to be consulted ; and no other such churches shall be hereafter received, 3. The boundaries of the several Presbyteries and Synods shall be ad- justed by the General Assembly of the united Church. 4. The official records of the two Branches of the Church, for the period of separation, shall be preserved and held as making up the one history of the Church ; and no rule or precedent, which does not stand approved by both the bodies, shall be of any authority, until re-established in the united body, except in so far as such rule or precedent inay attect the rights of property founded thereon. 5. The corporate rights, now held by the two General Assemblies, and by their Boards and Committees, shall, as far as practicable, be consoli- dated, and applied for their several objects, as defined by law. 6. There shall be one set of Committees or Boards for Home and Foreign Missions, and the other religious enterprises of the Church, which the churches shall be encouraged to sustain, though free to cast their contributions into other channels, if they desire to do so. 7. As soon as practicable after the union shall be effected, the General Assembly shall reconstruct and consolidate the several Permanent Commit- tees and Boards, which now belong to the two Assemblies, in such a man- ner as to represent, as far as possible, with impartiality, the views and wishes of the two bodies constituting the united Church. 8. The publications of the Board of Publication, and of the Publica- 72 FORM OF GOV^ERNMEXT. tion Committee, shall contiuue to be issued as at present, leaving it to the Board of Publication of the united Church to revise these issues, and perfect a catalogue for the joint Church, so as to exclude invidious refer- ences to past controversies. r ""^9. In order to a uniform system of ecclesiastical supervision, those Theo- logical Seminaries that are now under Assembly control may, if their Boards of Direction so elect, be transferred to the watch and care of one or more of the adjacent Synods ; and the other Seminaries are advised to introduce, as far as may be, into their Constitutions, the principle of Sy- nodical or Assembly supervision ; in which case, they shall be entitled to an oflicial recognition and approbation on the part of the General Assembly. ^ — 10. It is agreed, that the Presbyteries possess the right to examine ministers applying for admission from other Presbyteries ; but each Pres- bytery shall be left free to decide for itself when it shall exercise the right. 11. It shall be regarded as the duty of all our judicatories, ministers, and people in the united Church, to study the things which make for peace, and to guard against all needless and offensive references to the causes that have divided us; and, in order to avoid the revival of past issues, by the continuance of any usage in either Branch of the Church that has grown out of our former conflicts, it is earnestly recommended to the lower judicatories of the Church, that they conform their practice in relation to all such usages, as far as is consistent with their convictions of duty, to the general custom of the Church prior to the controversies that resulted in the separation. 12. The Terms of the Reunion, if they are ap])roved by the General Assemblies of 1868, shall be overtured to the several Presbyteries under their care, and shall be of binding force, if they are ratified by tiiree fourths of the Presbyteries connected with each Branch of the Church, within one year after they shall have been submitted to them for approval. 18. If the two General Assemblies of 1869 shall find, that the plan of Reunion has been ratified by the requisite number of Presbyteries in each body, they shall, after the conclusion of all their business, be dissolved by their respective Moderators, in the manner and form following, viz. : — Each Moderator shall address the Assembly over which he presides, say- ing, " By virtue of the authority delegated to me by the Church, and in conformity with the Plan of Union adopted by the two Presbyterian Churches, let this Assembly be dissolved ; and I do hereby dissolve it, and require a General Assembly, chosen in the same manner, by all the Presbyteries in connection with this body, and all those in connection with the General Assembly meeting this year in , to meet in , on the day of May, A. D. 1870; and I do hereby declare and ])ro- claim, that the General Asseml)ly tluis constituted will be the rightful Gen- eral Assembly of the Presbyterian Church in the United States of Amer- ica, now, by the grace of God, happily united." Signed, by order of the Joint Committee, Charles C. Beatty, Chairman. Edwin F. Hatfield, Secretary. Philadelphia, March 14, A. D. 1S68. It will be observed that the Committee have agreed upon a few modifi- cations of the Basis of Union, reported in May, 1867; this, not so much from any change of opinion on their own part, a.s with a view, if possible, PRELIMINARY PRINCIPLES. 73 of preventing or correcting misapprehension, and to meet, more fully, the vie\vs and wishes of the bodies which they represent. In reference to the First Article, containing the doctrinal basis, the language employed is so explicit, that the Committee believe it will prove satisfactory to all who desire union on the terms of Christian confidence and honor. First of all, following the order of the " Constitutional Ques- tions " proposed by our Form of Government to all who are ordained to the Ministry and Eldership of the Presbyterian Church, we assert the great Protestant principle — the sole supremacy and undivided authority of the Word of God, in all matters of faith and practice : assigning to this the foremost place above Church, Creed, Confession, School, and System. Magnifying the Inspired Scriptures, we next adopt, endorse, and honor, our common Confession, as " containing the system of doctrine taught in the Holy Scriptures." So far as they were concerned themselves, the Committees would have been content to rest in this prescribed form of words, as received and used by Christian brethren. Unhappily, misap- jDreheusion, prejudices, and distrust are engendered by divisions, to obviate which the Committee have endeavored to modify the language of their former report, thought by some to be ambiguous, so as to make it precise, without surmising or exaggerating differences of ojoiniou. In their judgment, the line of distinction between the two Assemblies, as now drawn, does not consist, as some have supposed, merely in theo- logical diversities. The same Confession is adopted by all. It is adopted in the same tei-nis as containing the same system. To make this agree- ment the more determinate, the Committee have given this system its historic name. At the same time that we mutually interchange these guarantees for orthodoxy, we mutually interchange guarantees for Chris- tian liberty. Differences always have existed and been allowed in the Presbyterian Churches in Europe and America, as to modes of explain- ing and theorizing within the metes and bounds of the one accepted system. What exists in fact, we have undertaken to express in words. To put into exact formulas ivhat opinions should be allowed and what interdicted, woukl be to write a new Confession of Faith. This neither branch of the Church desires. Your Committee have assumed no such work of supererogation. Neither have they made compromises or con- cessions. They append no codicil to the old symbols. They have asserted, as being essential to all true unity, the necessity of adopting the same Confession and the same System, with the recognition of liberty on either hand, for such differences as do not impair the integrity of the sys- tem itself; which is all the liberty that any branch of the great Calvinistic family of churches has ever claimed or desired. Your Committee cannot see how it was possible for them to employ language more precise and guarded, unless they were prepared to substitute "private interpretations" for the recognized standards of the Church. To go further in either direction than they have done, would certainly lead to useless and endless " strifes of words." Language somewhere must find a limit. It would be impossible so to frame expressions on thi.s subject, that those who are opposed to reunion may not find occasion to cavil and object. But the Committee hope and trust that the Article now reported will commend itself to all fair-minded men, as containing what is precise, yet not ex- clusive ; definite, yet not rigid ; specific, yet not inflexible ; liberal, with- out laxity ; catholic, without latitudinarianism. If exact uniformity in all shades of opinion, in technical adjustments, in philosophic theories, be regarded as essential to union, we should earnestly recommend the in- 10 74 FORM OF GOYERNMEXT. definite adjoururaent of the present movement. Nor would consistency allow us to rest here; our present organizations should be dissolved and exchanged for disintegration and individualism. Nothino; need be said in vindication of the Second Article, to those who are fully informed concerning the churches referred to therein. Your Committee had to deal, not with abstractions, but with facts and realities. The churches here described originated in a policy which was itself inau- o-urated by a remote necessity; their number is limited, and cannot be increased; the terms of their relationship are prescribed and limited also; their Presbyterial relationship is at present cordial, happy, and eminently useful ; and some of them are deemed, by the Presliyteries with which thev are connected, as among their most cfRcient and excellent churches. As nothing is intended by our action to disturb the present relations of these churches, so nothing is designed to be done, at any time, which can be regarded as inconsistent with good faith and honor; but such state- ments were made by those members of the Joint Committee more imme- diately representing the sections of country in which these churches exist, as led the Committee to believe, that the friendly counsel contained iu this Article would prove not unacceptable to these churches themselves, and that the specification of a definite time might be an aid to them in. perfecting that organization which is now suggested by Christian ex- pediency. The several Articles, which contemplate the combination and re-ad- justment of the respective Boards and Committees of the two Assemblies, look only to economy and increased efficiency. The recommendation contained in the Eighth Article calls for the brief- est explanation, as it is believed that it will prove more satisfactory than the former Article, to which various objections were made. No dispo- sition was manifest in the Committee to press invidious distinctions and preferences. Neither Publishing Committee is to supersede or endorse the other. Both, earnestly engaged at present in publishing what is received by the churches at large, as valuable literature in tlieology and practical religion, are advised to continue as now organized, till such a new Board or Committee shall be appointed in the united Church, as, it may be sup- posed, would be prompted, by every instinct of Christian propriety, to omit painful and invidious references to past strifes, leaving undisturbed what is now, and ever must be, highly prized by all our ministers and churches. As to the action of the Committee concerning Theological Seminaries, as embodied in Article Ninth of their report, all difficulty springs from the obvious fact, that there is no authority which is competent to forbid the endowment of Seminaries at any time by any individuals in our con- nection. Those Theological Seminaries which are now independent of ecclesiastical control, were founded before the disrvption, and endowed by men representing alike what are now known as Old- and New-School Churches. What was done then may be repeated again, A recommenda- tion, looking to some unii'ormity of ecclesiastical supervision, is all which the Committee felt to 1)0 within their province or that of the Assembly : except that those Seminaries, now belonging to either branch of the Church, should have every guarantee and protection for their chartered rights which they might desire. A new Article, here designated as the Tenth, has been introduced, m which some concession has been made on both sides, designed to reconcile conflicting claims and usages. IMany churches and presbyteries, in both Assemblies, claim the right, as now expressed iu formal vote, of pro- PRELIMINARY PRINCIPLES. 75 nouncing upon the expediency of admitting, to their own membership, those who bear testimonials from correlative bodies. One Assembly now makes this obligatory upon all the Presbyteries. The Committee recom- mend the recognition of the right, and the abolition of the imperative rule. As all difficulties springing from this cause had their origin in times of suspicion and distrust which, it is hoped, are passing away, it is believed that the whole matter may safely be left to adjust itself in a new era of confidence and harmony. In this connection, however, the Com- mittee would particularly refer to the next Article (No. 11), which em- phasizes the duty of all our judicatories to study the things which make for peace, and earnestly recommends to the Presbyteries to conform to earlier and more ancient usages. The examination of ministers passing from one Presbytery to another is altogether unknown to the Presbyterian Churches of Scotland and Ireland ; nor was it originally practiced in our own. The extent of territory covered by the Presbyterian Church in the United States may have been one reason for another method, in later years, in our own country; but, inasmuch as the right and usage asserted and defended by some, and denied and discarded by others, were related to controversies which are past, the Committee are confident that practical difficulties, from this quarter, will be obviated by the adoption of their entire action in the premises. Amid the diversified practices which now prevail as to the subject in both branches of the Church, this recommen- dation of the Committee was designed to allay, and not to promote dis- trust and suspicion. That some changes must be made in the present method and ratio of representation is apparent from the size of the two Assemblies. Differ- ences of opinion also have long existed in both branches, as to the powers and prerogatives of the General Assembly as now exercised. INIany are jealous and apprehensive lest these may transcend the limits of expedi- ency and constitutional law. Whether the proposed reunion would create the necessity of enlarging the authority of the local Synods and modifying somewhat the power and province of the General Assembly, is a subject upon which, as not having been referred to them, the Committees have not felt at liberty to make suggestions or to take action, beyond that of commending it to the attention of the two Assemblies, which they do in the following terms, to wit: "The Joint Committee recommend that each of the two General Assem- blies of 1868 appoint a Committee of five, to constitute a Joint Committee of ten, whose duty shall be to prepare and propose to the first General Assembly of the united Church a proper adjustment of the boundaries of Presbyteries and Synods. " Tliis Committee shall also recommend to the General Assembly any amendments of the Constitution, which they may think necessary to se- cure efficiency and harmony in the administration of a Church so greatly enlarged and so rapidly extending." Thus have the Committee discharged the duty with which they were entrusted. Having acted to the best of their ability, according to all the wisdom they could command, their responsibility ceases. The grave ne- cessity of decisive action is now devolved on the respective Assemblies and Presbyteries of the Church. That this responsibility transcends what ordinarily occurs in the life of men, no one will question. The union contemplated in this report is one based on "mutual confi- dence and love." The Committees are aware that they have jDcrsonally enjoyed peculiar opportunities, in the way of intimate fraternal inter- course, for the cultivation and expression of these Christian sentiments. 76 FORM OF GOYERXMENT. Whatever differences may exist among themselves on subordinate matters, they have come to rest in mutual confidence concerning that ^vhich is of paramount importance. If the same sentiment prevails throughout the whole Church, organic union cannot be prevented ; if it should prove to be wanting, no technical formulas, no cautious definitions, no Avell-guarded conditions, can produce union of any value or permanence. There is a so-called unity, which is like the freezing together into one solid mass of all incongruous and heterogeneous substances. Such icy compression is undesirable. There is another unity, which the Holy Ghost has com- pared to the living " body fitly joined together, and compacted by that which every joint supplieth, according to the effectual working in the measure of every part," making " increase of the body unto the edifying of itself in love." Such is the Divine model of ecclesiastical Union, com- bining diversity and harmony, liberty and love, and the whole instinct with life, and predestined to growth and perfection. Love demands few con- ditions, and confidence builds on something better than verbal guarantees. Your Committee have never expected to reconcile all local interests, all private preferences, all personal memories and prejudices. Content are they, if the Articles of Agreement, herewith reported and recommended, approve themselves to the thoughtful and judicious in both branches of the Church, as suited to promote, not the advantage of any school or sect, but the healthful vigor of the entire Church, the prosperity of the whole country, the honor of our adorable Lord. We make no computation of majorities and minorities, in the united Church, as related to past distinctions. We recognize no such idea as one body absorbing the other ; our whole action is based on the principle of two bodies, now independent and equal, becoming assimilated and fused together in cordial " agreement as to doctrine, order, and polity, on the basis of our common standards, and the prevalence of mutual confidence and love." In such a sublime act, something must be trusted to the power of Christian sentiment ; something left to be accomplished by faith in one another, as well as in our common Lord. Signs are visible in every quarter of increased confidence among Christian churches and min- isters, long separated by ecclesiastical differences, now yearning for more of unity. As well might we deny the return of Spring and the putting forth of buds and the tender grass, as question this obvious fact. Do not events indicate a Divine Leadership which it is our wisdom to observe and obey? Results have already been reached, under Pentecostal efilisions of the Spirit from on high, surpassing the most sanguine expectations, re- buking unbelief, dissolving prejudice, and betokening greater things to come. Some things must be referred to the past. If we face the sun, our shadows are behind us. " Let the dead bury their dead." It is our Lord himself who teaches us, that all which is })ersonal and private should be held subordinate to the chiims and affinities of his kingdom. What was tolerated once may not be justified now. The future cheei's and aninuites us with brightest prospects. The voice of the Son of God rebukes the weakness and wickedness of schism, and enjoins the unity of faith and love. Hope anticipates the time when, every dissension healed and for- gotten by Christian charity, all branches of the Presbyterian Churcii, in all sections of our common country, holding the same Standards, shall be drawn together by patriotic and evangelical sympathies in cordial and indissoluble union. Glorious things are promised to the Church, "in the day that the Lord bindeth up the breach of his people and healeth the «troke of their wound." Surely it will be for good and not evil, for joy and not sorrow, for PEELIMIXARY PRINCIPLES. 77 strength and not weakness, if henceforth our rule shall be "One body and one spirit, even as ' we ' are called in one hope of ' our ' calling. One Lord, one taith, one baptism, one God and Father of all, who is above all and through all and in 'us' all." "Now unto Him that is able to do exceeding abundantly above all that we ask or think, according to the power that worketh in us, unto him be glory in the Church, by Christ Jesus, throughout all ages, world without end, Amen !" Signed by order of the Committee, Charles C. Bea.tty, Chairman. — 1868, pp. 669-677, O. S. William Adams, Chairman. — 1868, pp. 26-38, N. S. a. The terms of Reunion, thus proposed by the Joint Committee, were "approved" by the O. S. Assembly and sent down to the Presbyteries for their action by a vote of Ayes 188, Nays 70. Excused 1. — 1868, p. 628, O. S. It was also, on motion of Judge Leavitt, Resolved, 1. That the report of the Joint Committee on the basis of the union of the two branches of the Church now made, be, and the same is hereby, accepted, and the terms of Reunion are hereby approved by this Assembly ; and it is ordered that the whole be sent down to the Presby- teries for their hnal action upon said terms of Reunion. Resolved, 2. That the Presbyteries l)e requested to report to the Stated Clerk their action approving or disapproving the proposed basis of union, before tlie meeting of the Assembly in 1869. Resolved, 3. That the Stated Clerk be directed to cause to be printed, at an early day, five thousand copies of the entire report of the Joint Com- mittee, at the expense of the Board of Publication, for distribution to the ministers and sessions of the churches. — 1868, p. 631, O. S. b. In the N. S. Assembly on the consideration of the report of a special Committee, recommending the approval of terms of Reunion as above : It was — Resolved, That, before proceeding to take the vote upon the report of the Special Committee of Reunion, the roll be called, that any member may express his dissent from any article of the proposed terms of Reunion, and that such dissent be entered on the n coid. In accordance with this action, the roll was called, and the followino- members expressed their dissent from the 2d and lOth articles of the Basis proposed by the Joint Committee on Reunion, n;imely : the Rev. Henrv A. Nelson, D.D., Rev. Timothy Hill, and Elder Jason Yarann ; Elder Eli R. Miller expressed his dissent from the 2d article ; and the following mem- bers expressed their dissent from the 10th article, namely : Ministers, Wil- liam Waith, T. Ralston Smith, I). D., William T. Eva, Joseph Vance, Frederick A. Noble, William A. McCorkle, Ira M. Weed, Charles S. Adams, C.Solon Armstrong, Henry B. Eldred, Warren Taylor, David E. Beach, Edward D. Morris, D. D., A. Alexander Jimeson, Evan L. Davies, Charles H. Marshall, Henry S. Little, John B. Fowler, George Duffield, Jr., George M. Jenks, Robert W. Patterson, D. D., Arthur Swazey, John H. Walker, George D. Young, John M. Brown, and Thomas Brown ; and the Elders, Hon. Frederick H. Hastings, Merrill N. Hutchinson, Samuel ' T. Bodine, Daniel B. Greene, Matthew Newkirk, Daniel S. Beaver, and John de Clue. The report of the Special Committee was then taken up, amended, and unanimously adopted. The Rev. Robert W. Patterson, D. D., the Rev. Ar- thur Swazey, the Rev. J. Ambrose Wight, and Elder Richard Edwards were excused from voting, — 1368, pp. 25, 26, N. S. 78 FORM OF GOVEKKMENT. [The above vote approved of the "proposed terms of Reunion between the two branches of the Presbyterian Church, in the United States of America," as also of the report of the Special Committee, viz. :] Resolved, That this Committee recommend to the General Assembly the approval of the proposed terms of Reunion as given on pages en understood, by a great part of the Protestant Ilefornied Churches, to be designated in the holy Scrijitures, by the title of governments ; and of those who rule well, but do not labor in the word and doc- trine. OF RULING ELDERS. 115 For the better establishiog and settling congregations, it is ordered and appointed that in every congregation there be a sufficient number of assistants chosen to aid the minister in the management of congregational affiiirs, — 1714, p. 37. 1. The Eldership essential to the Existence of a Presbyterian Church. The I'eport of the committee to examine the records of the Synod of the Western Reserve was adopted, and is as follows, viz. : That the records be approved, with the exception of the sentiment on page 154, viz., that the eldership is not essential to the existence of the Presbyterian Church. In the opinion of the committee the Synod advance a sentiment that contra- venes the principles recognized in our Form of Government, chap, ii., sec. 4 ; chap, iii., sec. 2 ; chap. v. ; chap, ix., sec. 1, 2. — 1833, p. 404. [This does not forbid the forming of congregations for religious wor- ship, where they ma}' not have suitable persons among them to sustain the office of ruling elder. See chap, ii., sec. 4.] 2. Elders must be duly Elected and set Apart. The following inquiry was referred to the decision of the Assembly by the Synod of the Carolinas, viz. : In what point of light are the elders nominated and ordained by Mr. Balch to be viewed hereafter in Mt. Bethel congregation ? It was determined by the Assembly that the "elders" mentioned in the inquiry are to be henceforth viewed as private church members only, un- less they be duly elected and set apart as church officers hereafter. — 1798, p. 158. 3. A Ruling- Elder without Charge has no Seat in a Church Court. Resolved, That no ruling elder, who has retired from the active exer- cise of his office in the church to which he belongs, can be admitted as a member of a Presbytery, Synod, or General Assembly. — 1835, p. 489. 4. An Elder cannot hold Offlce in two Churches at the same time. The Judical Committee reported that, by permission of the Assembly, a complaint was presented to them by the Rev. Dr. Ashbel Green, in be- half of a minority, against a decision of the Synod of Philadelphia,* recorded on the Synod book, page 168, by which complaint the following question is presented for the decision of the Assembly, viz.: Is it consistent with the Constitution of this Church for the same indi- vidual to hold the office of ruling elder in two ditferent churches at the same time? When it was resolved by the Assembly that the decision of the Synod be affirmed, and the complaint dismissed. — 1827, p. 204. 5. Nor Adjudicate in a Church of which he is not an Elder. Overture No. 14, viz., the following question from the Presbytery of Salem: "Has a ruling elder in any case a legal right to adjudicate in another church than that of which he is an elder?" was taken up and de- cided in the negative. — 1831, p. 324. * The Synod having rejected a resolution declaring it lawful for an elder to exer- cise the office in two different congregations at the same time. 116 FORM OP GOYEEXMENT. 6. An Elder has the same right to sit in Synod as in Presbsrfcery. Has an elder, whom the discipline of our Church authorizes to sit as a member in Presbytery, from a vacant congregation or united congrega- tions, a right by that discipline to sit in Synod, as a representative of such congregation or congregations ? The question was determined in the affirmative. — 1808, p. 408. 7. "When an Elder has been Suspended from Church Privileg-es, and is Restored, he is not thereby Restored to OflBce. "When an elder has been suspended from church privileges, for an oft'ence, and again restored to the privileges of the church, is he also restored to his office as a ruling elder?" should be answered in the nega- tive. The two things are distinct ; and since an elder, as well as a min- ister, may be suspended from his office, and not from the communion of the church, so there may be reasons for continuing his suspension from his office after he is restored to the privileges of the church. He cannot be restored to the functions of his office without a special and express act of the Session for that purpose, with the acquiescence of the church. — 1836, p. 263. 8. Elders are not to Participate in the Ordination of Ministers by the Laying on of Hands. a. In answer to a communication fi'om the Presbytery of the Western District on the subject of allowing ruling elders to unite in the impo- sition of hands in the ordination of bishops : The Committee unani- mously recommend an adherence to the order, and, until recently, the uniform practice of our Church on this subject, viz.: to allow preaching- elders or bishops only to engage in that service. Which was adopted.— 1842, p. 16, O. S. b. Ilesolved, That it is the judgment of this General Assembly that neither the Constitution nor the practice of our Church authorizes ruling elders to impose hands in the ordination of ministers." [Yeas 138, nays 7, non liquet 1, excused 2.] — 1843, p. 183, O. S. c. In answer to a request to reverse the above decision, the Assembly — 1. Be,^olved, That in the opinion of this Assembly, the last Assembly, in determining that ruling elders are not authorized by the Form of Government to impose hands in the ordination of ministers, did not depreciate the office of ruling elder, nor did they in any respect contra- vene the letter or the spirit of the Constitution, or the principles and ])ractice of Presbyterian Churches in Europe or America sijice the Keformation ; but in conformity with both the principles and practice of our own and other Presbyterian Churches, they did decide that as the rite of ordination is simply a declaratory ministerial act, the laying on of hands as a part thereof belongs properly to ordained ministers, w^hile to ruling elders is left unim])aired and unquestioned the full and right- i'ul power of ordering the work of ordination, and of judging in the dis- cipline of ministers in common with those Presbyters who labor in word and doctrine, as in all other cases." [Yeas 154, navs 25.] — 1844, p. 370, 0. S. [Against the above action a Protest, signed by twenty-two members of the Assembly, was entered and received. The Protest and the answer of the Assembly may be found in Paird's Collection, revised edition, ])p. 75-80.] d. The Committee on the Polity of the Church reported an answer to OF RULING ELDEES. 117 the inquiry, " Ought the eldership to participate in the ordiuatiou of min- isters by laying ou of hands ?" as follows : It is a recognized principle of our Church polity, in accordance, as we believe, with apostolic teaching, that bishops, ministers and elders con- stitute but one grade or rank of officers in the Christian Church, and hence that in all our Church judicatories they have equal rights and pow- ers. In all the judicial business of the Church all are Presbyters alike. (See Form of Gov., chap, ix., sees. 1, 2, 4 ; chap, x., sees. 2 to 7 ; chap, xi., sees. 1, 2 ; and chap, xii., sec. 2.) Still it cannot be denied that in the Bible a di;tion of the following resolutions: ]ie>o. OF THE PRESBYTERY. 147 Church; and that the delegates from this Assembly to those bodies respec- tively be charged with communicating this resolution. — 1834, p. 428. 4. Lay Ordination Invalid. a. The Committee to whom was referred Overture No. 15, viz., ou ordi- nation by a deposed minister or by laymen, made the following report, which was adopted, viz. : That this paper contains a letter from a minister in South Carolina to the stated clerk, requesting him to obtain a decision of the General As- sembly on the question, " whether the ordination of a minister of the gos- pel by the interposition of the hands of the laity is valid." That the an- swer to this question should be in the negative is so obvious and evident ' on all correct principles of ecclesiastical order, that your Conunittee are of opinion that it is unnecessary for the General Assembly to give any further consideration to the subject. — 1832, p. 366. b. The Committee on Overture No. 3, viz., a question from the Presby- tery of Bethel respecting holding communion with the followei'S of Wil- liam C. Davis, a deposed minister, and calling themselves Independent Presbyterians, reported that in their judgment the questions proposed in said overture ought to be answered in the negative. They therefore would recommend the adoption of the following resolution, viz. : Resolved, That while this Assembly readily acknowledges the right of the session to determine according to the Scriptures and the Constitution of our Church the qualifications for admission to sealing ordinances, yet they feel it to be their duty to declare that in their judgment the services of those who have received only lay ordination and of those who have been deposed from the gospel ministry are unscriptural and unwarrant- able, and therefore an attendance on their ministrations cannot be in the order of the gospel, and ought to be discouraged and discountenanced by every friend of the Kedeemer's kingdom. — 1833, j). 407. 5. Rule in respect to Receiving- a Minister from another Denomi- nation. a. The consideration of the report of the Committee to which had been referred the question of validity of ordination in the case of a Baptist elder was resumed, and the report being read, was adopted, and is as follows, viz.: It is not among the principles or usages of the Presbyterian Church to consider the ordination of ministers by other Protestant churches as in- valid; on the contrary, the Presbyterian Church has always considered the ordinations of most other Protestant churches as valid in themselves, and not to be repeated when those who have received them become members of the Presbyterian Church. Nor is it perceived that there is any suffi- cient reason why the ordinations in the Baptist Church should not be con- sidered as valid, and be sustained as such. But while the Presbyterian Church can act as has now been stated in regard to ordinations, it is among those principles and usages wliich she regards as most sacred and important, to secure for her churches both a pious and a learned ministry, and she cannot admit of any usage or exer- cise any apparent liberality inconsistent with security in this essential particular. On the whole, therefore, the Committee recommend the fol- iowuig resolution : Resolved, That when applications are made by ministers of the Baptist or any other Protestant denomination to be connected with the Presbyte- 148 FORM OF GOVERNMENT. rian Church, the Presbytery to which the applications are made shall require all the qualifications both in regard to piety and learning Avhich are required of candidates for licensure or ordination of those ■who have originally belonged to the Presbyterian Church ; and shall require the applicants from other denominations to continue their study and prepara- tion till they are found on trial and examination to be qualified in learn- ing and ability to teach in the manner required by our standards ; but that when found to be thus qualified, it shall not be necessary to reordaiu the said applicants, but only to install them when they are called to settle in Presbyterian congregations. — 1821, p. 23. b. Overture No. 19. A request of the Rev. J. G. Montfort that the Assembly answer the following question : "Is it the duty of Presbyteries, when elders or deacons from the Methodist Episcopal Church apply to become ministers in our Church, to recognize their ordination as sufficient, or to ordain them as in the case of other candidates ?" The Committee recommended that the overture be answered by a refer- ence to the action on the subject of the General Assembly of 1821. The report was adopted. — 1852, p. 210, O. S. [See 8, below.] 6. Ordination Procured by Fraud Valid, but the Presbsrtery should Depose. Is the ordination of a minister valid which has been procured by forgery and unwarrantable means? Confining the answer of the Assembly to this case as verbally explained, this question is answered in the affirmative, but that the Presbytery should in such case proceed immediately to depose him. — 1843, p. 198, O. B. 7. Ordination on the Sabbath Day Inexpedient, but left to Dis- cretion of the Presbytery. An overture Avas received from the Presbytery of Orange, requesting the opinion of the General Assembly on the question whether it be proper to ordain licentiates to the office of the gospel ministr)' on the Sabbath day. The General Assembly think it would not be for edification to adopt a uniform rule on the subject. In general they think it is not expedient that ordinations should take place on the Sabbath, yet that there may be cases in which urgent or peculiar circumstances may demand them. The Assembly therefore judged it best to leave it to the Presbyteries to act iu this concern as they may judge that their duty requires. — 1821, p. 10. 8, The Reasons for Receiving- an Ordained Minister from another Denomination to be Recorded. The Committee of Overtures brought in the following resolution, which, having been read and amended, was adopted, and is as follows, viz. : Ilesolved, That in the opinion of this Assembly tlie decisions of the Gen- eral Assembly in 1792, and refen-ed to by the Assembly of 1800, res])ect- ing the reordination of ministers regularly ordained in the Methodist Epis- copal Church, and desiring to connect themselves with the Presbyterian Church in the United States of America, however expedient at the time of its formation, ought not to be considered as a precedent to guide the future decisions of the judicatories of this Church; and that the Presbyteries under the care of this Assembly, when they receive into their connection an ordained minister from any other denomination, be careful to record the circumstances of the case and the reasons which induced them to re- ceive such ordained minister. — 1810, p. 411. OF THE PRESBYTERY. 149 9. Leave to Ordain Refused where there is no Presbytery. Overture No. 34, a memorial from the Presbytery of New York, refer- ring to this Assembly the following case: Application was made to the Presbytery of New York in A|n-il to receive by letter from the Presbytery of Cincinnati, the Rev. John Beveridge, now a resident of Northern Mex- ico, and to authorize the Rev. Andrew J. Park, now a member of the Presbytery of New York, and residing in Northern Mexico, and the Rev. John Beveridge, Avhen received by the Presbytery, to ordain to the work of the ministry, if the way be clear on examination, Mr. Brigide Sepul- veda, a converted Roman Catholic priest. The Committee recommend the following answer : Resolved, That inasmuch as there is no Presbytery, and not a sufficient number of ministers of whom to form a Presbytery, in Northern Mexico, such request be not granted. In consideration, however, of the urgency and peculiarity of the case, the Board of Foreign Missions are hereby in- structed to defray the expenses of Mr. Sepulveda's journey to and from New York for his ordination by the Presbytery of New York, if the way be clear. — 1871, p. 592. IV. TO INSTALL MINISTERS. 10. The Cognizance of Settling Pastors belongs to Presbytery. That it belongs to the Presbyteries to take cognizance of the proceed- ings of sessions and congregations in the important concern of settling pastors, and to adopt tlie most effectual measures on the one hand to pre- vent all undue delay by the session, or the people, and on the other, to prevent all precipitancy in the settlement of any minister, or the adop- tion of any system of proceedings in the congregation inconsistent with the real and permanent edification of the people. — 1814, p. 560. 11. A Pastoral Relation Recognized without Instalment. That it apjiears evident to this Synod, that INIr. Tennent having in all respects acted, and been esteemed, and looked upon, not only by this Synod, but also by the congregation of Neshamiuy, and particularly by the appellants themselves, as the minister and pastor of the people of Neshaniiny, that he is still to be esteemed as the pastor of that people, notwithstanding the want of a formal instalment among them (which omission, though the Synod doth not justify, yet it is far from nullifying the pastoral relation between Mr. Tennent and said people), and conse- quently that the Synod doth justify the judgment of the Presbytery of Philadelphia in reference to tliat matter, and that said appellants had no just cause of complaining against or appealing from said judgment of the Presbytery. — 1736, p. 127. 12. The Presbytery may Refuse to Install even v/here Parties are Agreed. When a congregation and minister agree on the amount of salary to be paid and received, and both parties being fully satisfied, request the pas- toral relation to be constituted according to the order of the Presbyterian Church, has Presbytery the right to refuse to install, because, in their judgment, the salary is insufficient? Answered in the affirmative. — 1855, p. 272, O. S. [See ui der Form of Government, chap, xv.] 150 FORM OF GOVERNMEIsT. Y. TO REMOVE MINISTERS. 13. The Presbytery has Po-wer to Dissolve a Pastoral Relation at its ovm Discretion. a. Overture No, 22, from the Synod of Illinois, asking the following question, viz.: Has a Presbytery the constitutional power to dissolve the pastoral rela- tion against the remonstrance of the pastor and a majority of the church, when a large and influential minority of the church request it, by j^etition, and in the judgment of Presbytery the interests of religion in that con- gregation require it? Your Committee beg leave to recommend the following answer, viz. : The General Assembly think that the Pi-esbytery has the constitutional power to dissolve the pastoral relation, according to chap, x., sec. viii., and chap, xviii- of our Book ; but that great regai'd ought to be had to ex- pediency in all such cases. Adopted.— 1860, p. 39, O. S. b. [The same question was asked the next year, and answered by refer- ring to the Minutes above, with the caution:] "That such power should in all cases be exercised with the greatest caution and discretion, and that the reasons for such action should be always fully recorded." — 1861, p. 306, O. S. 14. A Synod, on Appeal, Directs the Dissolution of the Pastoral Relation, and is Sustained. Your commission had this case several days before them, and bestowed upon it careful consideration ; and have unanimously determined to report to the Assembly that the sense of this commission is, that the interests of the church of Hopewell require the dissolution of the pastoral relation, and that they agree with the decision of Synod, and they recommend the following minute: This Assembly recognizes the right of each congregation to decide whether a pastor is acceptable to them, and the wishes of a majority are to be set aside only for weighty reasons; yet such a state of things may exist between the pastor and a portion of his people, as shall require, for the fair name of religion, that the relation be dissolved. And for this reason the appeal and complaint of Josej)h Connell against the Synod of Pittsburg is not sustained. — 1868, p. 649, O. S. [See the case in full below-, chap. xvii. 5.] 15. A Pastor may not be Dismissed to a Body other than that to -which his Church belongs. The Committee report Overture No. 2 : "Is a member of Presbytery, desirous of withdrawing connection with our Church to a foreign body at a distance, entitled to a letter of dismission and recommendation on demand, while occupying the position as pastor of one of our churches?" The Committee report, that he is not thus entitled. The report was adopted. — 1861, p. 471, N. S. YI. TO JUDGE MINISTERS. 16. The Presb3rtery alone must Judge of the Fitness of its Members. Your Committee doubted the correctness of the order given by the Synod to the Presbytery of Geneva, to reconsider their proceedings on the subject of the admission of the Rev. Shipley Wells, a constituent OF THE PRESBYTERY. 151 member of that Presbytery, which order, though it be not appealed from, appears to have given rise to the protest in question. The Synod of Geneva were beyond doubt, in the opinion of your Com- mittee, competent to censure the Presbytery of Geneva for admitting hastily, and on slight evidence, into their body, an unworthy or even a sus- picious character. But it is, in the opinion of your Committee, equally clear, that the right of deciding on the fitness of admitting Mr. Wells, a constituent member of the Presbytery of Geneva, belonged to the Pres- bytery itself; and that having admitted him, no matter how improvident- ly, their decision was valid and final. The individual admitted became a member in full standing ; nor could the Presbytery, though it should reconsider, reverse its own decision, or in any way sever the member so admitted from their body, except by a regular process. Adopted. — 1816, p. 612. 17. A Presbytery may Reject an Applicant. A complaint and appeal of Rev. Thomas Ledlie Birch against certain proceedings of the Presbytery of Ohio in the case of Mr. Birch, particu- larly for refusing to receive him as a member of their body, on the ground of a supposed want of acquaintance with experimental religion, together with a representation of the congregation of Washington, in the bounds of the said Presbytery, on the subject, was brought in by the Com- mittee on Bills and Overtures. Subsequently Resolved, That no evidence of censurable procedure in the Presbytery of Ohio, in the case of Mr. Birch, has appeared to this house, inasmuch as there is a discretionary power necessarily lodged in every Presbytery to judge of the qualifications of those whom they receive, especially with respect to experimental religion. — 1801, pp. 213, 218. 18. But not "without Sufficient Reasons. a. A complaint was brought in by the Rev. Mr. George Dufiield against the Second Philadelphia Presbytery, that they had, by one of their members, obstructed his entrance into a church in this city under their care, to which he had accepted a call, and had also refused to re- ceive him as a member, although he was dismissed from, and recom- mended by, the Presbytery of Donegal, which was read. After having maturely considered this matter, the Synod judge that Mr. Dufiield has just cause of complaint against the conduct and judg- ment of the Second Philadelphia Presbytery, who ought to have admit- ted him to membership with them, and allowed him a fair trial ; Avhere- fore we now declare him to be minister of the Pine Street or Third Pres- byterian congregation in this city, and order that he be put upon the list of the aforesaid Presbytery. — 1773, p. 446. b. Resolved, That the appeal of the Presbytery of Abingdon from the decision of the Synod of Virginia, in the case of the Rev. Robert Glenn, be dismissed, on the ground tliat the substantial cause of appeal has been removed by the act of that Presbytery, in their receiving ^Ir. Glenn, in conformity with the decision of the Synod. The appeal was accordingly dismissed. — 1822, p. 55. 19. Rule as to a Member of an Extinct Presbytery. The Committee appointed to consider the overture sent up by the Presbytery of Baltimore respecting the course proper to be pursued by a Presbytery when a minister with a certificate of good standing from a 152 FORM OF GOVERNMENT. Presbytery which has no longer any existence applies for admission, but is supposed to be chargeable with some offence subsequently to the date of that certificate, made the following report, which was adopted, viz. : That after the most attentive consideration of the question presented in said overture, it appears to them that the proper answer is embraced in the following particulars, viz. : 1. It is well known that the Book of Discipline of our Church expressly provides that when a minister shall be dismissed by one Presbytery with a view to his joining another, he shall always be considered as remaining under the jurisdiction of the Presbytery which dismissed him until he actually becomes a member of another. In the case stated in the over- ture, however, as the dismissing Presbytery had become extinct, it was physically impossible to act according to the letter of this rule. In these circumstances every principle of sound interpretation seems to direct that in ordinary cases the Presbytery into which admission is sought should receive the applicant, and if he be charged with any offence, conduct the process against him. 2. Nevertheless, it is the privilege of every Presbytery to judge of the character and situation of those who apply to be^dmitted into their own body, and unless they are satisfied, to decline receiving the same. A Pres- bytery, it is true, may make an improper use of this privilege, in which case the rejected applicant may appeal to the Synod or the General Assembly. 3. When any minister dismissed in good standing by an extinct Presby- tery is charged with an offence subsequently to the date of his dismission, the Presbytery to which he a])plies ihr admission not only may, if they see cause, decline receiving him, but if their own situation be such that there is no prospect of their being able to conduct process against him in an impartial and efficient manner, ought to decline admitting him into their body. 4. In this case ministers dismissed by an extinct Presbytery and not received into any other are to be considered as under the direction of their proper Synod, and ought to be disposed of as the Synod may order. — 1825, p. 146, 147. 20. Ho-w Ministers and Licentiates from Corresponding Bodies are to be Received. The Committee appointed by the General Assembly of 1829 to con- sider and report to the Assembly of 1830 on the manner in which minis- ters and licentiates are to be received into any of our Presl)yteries from ecclesiastical bodies in the United States which correspond with this Gen- eral Assembly, made the following report, which was adopted, viz. : That in their judgment every licentiate coming by certificate to any Presbytery in connection with the General Assembly from any portion of a corresponding ecclesiastical body, should be required to answer in the affirmative the constitutional questions directed by chap. xiv. of our Form of Government to be put to our own candidates before tliey are licensed; and that in like manner every ordained minister of the gospel, coming from, any church in correspondence with the General Assembly by certifi- cate of dismission and recommendation, should be required to answer affirmatively tlie first seven questions directed by chap. xv. of our Form of Government to be put to one of our own licentiates when about to be ordained to the sacred office. The course which is thus recommended bv the Committee they believe OF THE PRESBYTERY. 153 has been generally practiced by our Presbyteries, and the impropriety of admitting strangers into our connection on other terms than our own licentiates and ministers is too obvious to require remark. It is the assent of licentiates and ministers to these questions which brings them under the watch and care of the Presbyteries which receive them, and without which they ought not to enjoy tlie privileges of preachers of the gospel in our ecclesiastical connection. — 1830, p. 287. 21. Ministers Dismissed in G-ood Standing should be Received on their Testimonials. Resolved, That a due regard to the order of the Church and the bonds of brotherhood require, iu the opinion of this Assembly, that ministers dismissed in good standing by sister Presbyteries should be received by the Presbyteries which they are dismissed to join, upon the credit of their constitutional testimonials, unless they have forfeited their good standing subsequently to their dismissal. — 1834, p. 440. 22. The Right of Presbytery to Satisfy Itself. 1. Resolved, That in the judgment of this General Assembly, it is the right of every Presbytery to be entirely satisfied of the soundness in the faith, and the good character in every respect, of those ministers who apply to be admitted into the Presbytery as members, and who bring testimoni- als of good standing from sister Presbyteries, or from foreign bodies with whom the Presbyterian Church is in correspondence. And if there be any reasonable doubt respecting the proper qualifications of such candi- dates, notwithstanding their testimonials, it is the right and may be the duty of such a Presbytery to examine them, or to take such other meth- ods of being satisfied in regard to their suitable character as may be judged proper, and if such satisfaction be not obtained, to decline receiving them. In such case it sliall be the duty of the Presbytery rejecting the appli- cant to make known what it has done, to the Presbytery from which he came, with its reasons, it being always understood that each Presbytery is in this concern, as in all others, responsible for its acts to the higher judi- catories.— 1835, p. 485. [The Assembly of 1837 refers to the above action, and declares:] This Assembly do now render it imperative on the Presbyteries to ex- amine all who make application for admission to tlieir bodies at least on experimental religion, didactic and polemic theology and church govern- ment.—1837, p. 429. [The New School Assembly of 1838 adopted the following:] Whereas, it is the inherent right of Presbyteries to expound and apply constituti(mal rules touching the qualifications of their own members, therefore. Resolved, That the action of the last Assembly making it imperative on the Presbyteries to examine all who make application to their bodies, not excepting ministers coming from other Presbyteries, is null and void. — 1838, p. 660, N. S. 23. A Presbytery may not give a Qualified Dismission nor Re- ceive a Minister except on a Letter of Dismission. — "Where Re- ception is Void, the Name should be Stricken from the Roll. Can a Presbytery under any circumstances rescind its action in the re- ception of a member? The Committee recommends the following answer: 20 154 FORM OF GOVERNMENT. It appears in the case referred to in this overture that a minister, hav- ing taken a qualified letter of dismission from his Presbytery, was re- ceived by the Presbytery to -sN'hich he was dismissed upon other testimo- nials. It is the opinion of this Assembly, 1. That no Presbytery has the right to grant qualified letters of dismis- sion to any of its members. 2. That no Presbytery can receive a minister except upon a letter of dismission from the Presbytery to which he belongs. 3. That the action of the Presbytery in the case referred to, in receiving said minister, being void, the proper course would have been to strike his name from the roll, and notify the Presbytery to which he belonged of his irregularity. The report was adopted.— 1869, p. 922, O. S. 24. The Presbytery may Dismiss to a Presby-tery to be Erected. Overture No. 22, on the following question submitted by a member of the General Assembly : " Can a Presbytery dismiss a minister to connect himself with a Presbytery to be formed in a specified district ?" The Committee recommend that it be answered in the aifirraative, pro- vided some higher court has given authority for the formation of such Presbytery, The report was adopted. — 1867, p. 350, 0. S. 25. To Dismiss by a Comaaiittee is Unconstitutional. a. The report of the Committee on the reference from the Presbytery of Cayuga relative to the constitutionality of a rule of that body which had been laid on the table, was taken up. The rule of the Presbytery of Ca- yuga referred to the Assembly is as follows, viz. : The moderator for the time being and the stated clerk ex-oflScio were appointed a committee to grant letters of dismission to ministers without charge, aud to licentiates and candidates under the care of this Presbytery, to unite with other Pres- byteries, aud were directed to report at each stated meeting. In relation to this rule the following resolution, reported by the Com- mittee, was adopted, viz. : Resolved, That the rule hitherto acted upon by the Presbytery of Ca- yuga is inexpedient and unconstitutional. — 1830, p. 302. h. Also Overture No. 16, from the Presbyteries of Steuben ville and Washington, asking whether it is competent and constitutional for a Pres- bytery to appoint a committee to dismiss unsettled ministers, licentiates and candidates without a call for the body to assemble. This question has already been decided by the General Assembly in the negative. (See Minutes of the General Assembly for 1830, p. 302.) The report was adopted. — 1865, p. 569, O. S. c. The same Committee further reported Overture No. 5 as follows: "May a Presbytery authorize its stated clerk during the intervals of its sessions to grant, at their own request, letters certifying the regular standing and dismission of its members to join other ecclesiastical bodies in connection or correspondence with the General Assembly?" The Committee recommend that the above question be answered in the negative. The report was adopted. — 1865, p. 12, N. S.^ [See Book of Discipline, chap, x., on Jurisdiction.] OF THE PRESBYTERY. 155 26. Reception of Foreign Ministers.— The Rule. [The original rule on this subject may be found in the Minutes for 1735, p. 118. Action was also taken in 1773, p. 448, and 1774, p. 455. In 1784 the matter forced itself anew upon the Synod, and particular care was enjoined upon all its members, 1784, ]). 504. See also Baird's Collection, Revised Edition, pp. 254, 257. In 1798, p. 148, the Assembly adopted "regulations intended to embrace and extend the existing rules." In 1800 these regulations were modified and amended, and constitute the present Rule, viz. :] I. When any minister or licentiate from Europe shall come into this country, and desire to become connected with the Presbyterian Church in the United States, he luay apply to any committee appointed to direct the services of traveling ministers and candidates; which committee shall inspect his credentials, and, by examination or otherwise, endeavor to ascertain his soundness in the faith and experimental acquaintance with religion ; his attainments in divinity and literature ; his moral and re- ligious character, and approbation of our public standards of doctrine and discipline. If the result shall be such as to encourage further trial, said committee may give him appointments to supply and recommend him to the churches till the next meeting of the Presbytery to which such committee belongs. It shall then become the duty of such minister or licentiate to apply to that Presbytery, or to any other in whose bounds he may incline to labor; provided always, that he make his application to the Presbytery at their first meeting after his coming within their bounds ; and also, that immediately on coming within the bounds of any Presbytery, he apply to tlieir committee to judge of his certificate of ap- probation, and, if they think it expedient, to make him appointments; or, if it shall be more convenient, the application may be made to the Pres- bytery in the first instance ; but it shall be deemed irregular for any for- eign minister or licentiate to preach in any vacant church till he have obtained the approbation of some Presbytery or committee of Presbytery, in manner aforesaid. The Presbytery to which such minister or licentiate may apply, shall carefully examine his credentials, and not sustain a mere certificate of good standing, unless corroborated by such private letters, or other col- lateral testimony, as shall fully satisfy them as to the authenticity and sufficiency of his testimonials. After inspecting any evidences of his lit- erary acquirements which may be laid before them, the Pi-esbytery shall enter into a free conversation with him, in order to discover his soundness in the faith and experimental acquaintance with religion. If they shall obtain satisfaction on these several articles, they shall proceed to examine him on the learned languages, the arts, sciences, theology, church history and government ; nor shall th^y receive him, unless he shall appear to have made such attainments in these several branches as are required of those who receive their education or pass their trials among ourselves. But if, upon the whole, he appears to be a person worthy of encourage- ment, and who promises usefulness in the Church, they shall receive him as a minister or candidate on probation, he first adopting our standards of doctrine and discipline, and promising subjection to the Presbytery in the Lord. During this state of probation he may preach the gospel where regularly called, either as a stated or occasional supply ; and if an or- dained minister, perform every part of the ministerial functions, except that he may not vote in any judicatory, or accept a call for settlement. If the foreigner who shall apply to any Presbytery or committee, as 156 FORM OF GOVERNMENT. aforesaid, be an ordained minister, such committee and Presbytery may, at their discretion, dispense with the special examination on literature in this act prescribed, provided he shall exhibit satisfactory evidence that he has received such education, and made such progress in languages, arts, and sciences, as are required by the constitution of our Church as qualifications for the gospel ministry. But in all other respects, the ex- amination shall be the same as in the case of a licentiate. If from prospects of settlement, or greater usefulness, a minister or li- centiate under probation in any Presbytery, shall wish to move into the bounds of another, he shall receive a dismission, containing a certificate of his standing and character, from the Presbytery under whose care he shall have been ; which certificate shall entitle him to the same standing in the Presbytery into whose bounds he shall come, except that from the time of his coming under the care of this latter Presbytery, a whole year shall elapse before they come to a final judgment respecting his reception. When any foreign minister or licentiate, received on certificate, or pursuant to trials in any Presbytery, shall have resided generally and preached within their bounds and under their direction, for at least one year, they shall cause him to preach before them (if they judge it expe- dient), and taking into consideration, as well the evidence derived from their former trials as that which may arise from his acceptance in the churches, his prudence, gravity, and godly conversation, and from the combined evidence of the whole, determine either to receive him, to reject him, or to hold him under further probation. In case of receiving him at that, or any subsequent period, the Presbytery shall report the same to their Synod at its next meeting, together with all the certificates and other testimony on which they received them ; or, if it shall be more con- venient, this report may be made to the General Assembly. The said Assembly or Synod, as the case may be, shall then inquire into the pro- ceedings of the Presbytery in the affair, and if they find them to have been irregular or deficient, they shall recommit them to the Presbytery, in order to a more regular and perfect process. But if the proceedings had in the Presbytery appear to have been conformable to this regulation, they shall carefully examine all the papers laid before them by the Pres- bytery, or which shall be exhibited by the party concerned, and consider- ing their credibility and sufficiency, come to a final judgment, either to receive him into the Presbyterian body, agreeably to his standing, or to reject him. In order, however, to facilitate the settlement of foreign ministers as soon as may consist witli the purity and order of the Church, it is further ordained, that if the proper Synod or the General Assembly are not to meet within three months after that meeting of a Presbytery at which a foreign minister on probation is expected to be received, the Presbytery may, if they see cause, lay his testimonials before the meeting of the Assembly or Synod which shall be hchl next before said meeting of the Presbytery. If this Assembly or Synod shall approve the testimonials, they shall give the Presbytery such information and direction as the case may require, and remit the same to them for final issue. In all other cases, it shall be deemed irregular for any Synod or General Assembly to receive a foreign minister or licentiate, until he shall have passed his period of probation, and been received and reported by some Presbytery, in manner aforesaid. No minister or licentiate, after being rejected by one Presbytery, shall be received by another, or if received through mistake or otherwise, he shall be no longer countenanced or employed, after the imposition is dis- OF THE PRESBYTERY. 157 covered. If, llo^Yever, any minister or licentiate shall tliink himself ag- grieved by the sentence of any Presbytery, he shall have a right to carry the matter by complaint to the proper Synod, or to the next General Assembly, giving notice thereof to the Presbytery during the meeting at whicli the sentence was pronounced, or at the meeting next following. These regulations and provisions relative to the reception of foreign ministers and licentiates, are to be considered as coming in place of all that have heretofore been established on this subject; and all judicatories and individuals under the care of the Assembly are to regard them ac- cordingly.—1800, pp. 200-202. 27. The Rule Enforced. a. The Committee appointed to examine the records of the Synod of Albany, recommend that they be approved, "excepting the case of re- ceiving a foreign licentiate, by the Presbytery of St. Lawrence, without laying their proceedings in the case before the Synod, or General Assem- bly."—1822, p. 38. b. Papers touching the reception of the Rev. William Wiudle, a for- eign minister, to the Presbytery of Philadelphia. These were remitted to that Presbytery, inasmuch as no record of its proceedings in the case had been placed in the hands of the Committee, by which they might ascertain how far the Presbytery has complied with the order of the Assembly, in such cases made and provided. — 1852, p. 221, O. S. c. Overture No. 4, was taken up, viz. : An application from the Presby- tery of Watertown, for leave to receive Mr. William Lockhead, a foreign licentiate, who, after being under the care of the Presbytery of Cham- plain for five months, had been dismissed to the Presbytery of Watertown, and had been under the care of the latter Presbytery since the 9th of February last. The Presbytery of Watertown requests, that the Assem- bly will allow them to take into the account, for the term of trial, the time which JNIr. Lockhead spent on trials in the Presbytery of Chara- plain. On this request the Assembly resolved, that the standing rule which requires that tlie foreign licentiate must spend a year in the Pres- bytery to which he is dismissed, be not dispensed with. — 1830, p. 299. [See a similar case, 1858, p. 273, O. S.] 28. Rule applies to one Seeking to be Restored. A reference from the Presbytery of St. Clairsville, of the case of the Rev. Samuel Boyd, who having retired in good standing from the Presby- terian ministry in Ireland in 1842, on account of a change in his views of Infant Baptism, now seeks a restoration to the exercise of the ministry among us, inasmuch as he adopts again, with full conviction, the whole Confession of our Faith. The Committee recommended that the Presbytery of St. Clairsville be instructed to proceed according to the rule relating to foreign ministers, tlie probation of one year commencing at the time of their next stated meeting. The recommendation was adopted. — 1849, p. 239, O. S. 29. Privilege Lost by a Return to Europe. An application from the Presbytery of Philadelphia for advice and direction in the case of Rev. James T. Irvine. The facts of the case are these : In the year 1825, Mr. Irvine was received as a foreign licentiate on pro- 158 FORM OF GOVEENMENT. bation by the Presbytery of Philadelphia ; after the term of probation had expired, he was dismissed to the Presbytery of Huntingdon, and by that Presbytery ordained and installed in one of their churches. In the year 1834, he returned to Ireland, where he became the pastor of a church, and remained until the present year. The question to which the Presbytery wish an answer from the General Assembly is. Does Mr. Irvine come under the denomination of a foreign minister, and is he subject to the rules in such cases provided ? And if he be liable to the usual probation, may his probation be considered as commencing from the time in which he has made his present application to Presbytery, viz., from the 4th of April, 1848 ? The Committee recommend that both questions be answered in the affirmative. The recommendation was adopted. — 1848, p. 22, O. S. 30. The Rule Applies to Canada. An overture from the members of the Presbytery of Michigan, asking if the rule of the General Assembly in relation to foreign ministers com- ing from Europe, should apply to ministers coming from Canada : The Committee recommended that the Assembly answer in the affirma- tive ; excepting only when such ministers have been ordained in the United States, and by any Presbytery of our communion. The recommendation was adopted.— 1849, p. 256, 6. S. The Committee on the Polity of the Church reported a request from the Presbytery of Miami, to receive the Rev. J. L. Gourlay, a foreign minis- ter, as a member of that body. The Committee find that the said Rev. J. X(. Gourlay furnished testimonials as being in good standing in the Can- ada Presbyterian Church, was duly examined by the Presbytery of INIiami, and has served as a probationer under the care of that body for one year, in accordance with the rules of the General Assembly of 1800. See Baird's Digest, pp. 259, 260. On the recommendation of the Committee, the request was granted. — 1870, p. 30. 31. An Exceptional Case. The Rev. J. Gillespie offered a paper, stating that the Rev. Samuel H. Thompson, who received his theological education at Princeton Theolog- ical Seminary and was licensed by the Presbytery of New Brunswick, but has since been in connection with a Presbytery in Ireland, from which he has brought a regular certificate, now holds a call to a church in the Presbytery of Ohio ; whereupon it was Besolved, That in the special cir- cumstances of this case, Mr. Thompson be recognized as a minister in regular standing in our Church. — 1869, p. 1155, O. S. 32. Relaxation of the Rules Refused. The Committee further report an application, from the Fourth Presby- tery of New York, for such a modification of the rules in the Digest, as will facilitate the reception of ministers from foreign bodies, with whom we are upon terms of fraternal correspondence. The C'ommittee can see and appreciate the fact, that, in the great changes which have occurred, bringing the ends of the earth near together, instances of seeming hard- ship may occur; still in their judgment the time has not yet come, when it is wise for this Assembly to introduce the change in our ai'rangemcuts OF THE PRESBYTERY. 159 referred to ; and they therefore recommend that no action be taken by the Assembly in the premises. — 1855, p. 26, N. S, 33. Waived in Case of a Minister from a Presbytery in Corre- spondence. The Committee ou the Polity of the Church reported the following question : Will the Committee on Church Polity consider the question of an amendment to the standing rules of the General Assembly, touching the reception of foreign ministers, so as to except from the application of these rules ministers coming directly from well-known charges or positions, and bringing satisfactory testimonials, where the Presbyteries into which they are to be received have previously signified their approval of the transfer from fields abroad to fields within their bounds? The Committee recommend as an answer to this question that so much of the regulations and provisions relative to the reception of foreign min- isters (see Digest, p. 117) as regards the pi'obation through which such ministers must pass, before the Presbytery come to a final judgment of their reception, may, at the option of any Presbytery, be waived in those cases in which the transfer is directly from a Pyesbytery in correspondence with this Assembly, and in which cases the approval of the transfer by such Presbytery has been previously signified. The Presbytery receiving such a minister is strictly enjoined to make a careful record of all the facts in the case. — 1869, p. 281, N. S. The report was adopted. 34. Rule Repealed as to Ministers from the Presbsrterian Churches of Great Britain. Overture No. 11, on receiving ministers from foreign countries. The Committee recommend the adoption of the following: Inasmuch as intercourse between the Presbyterian churches of Great Britain and our General Assembly is now much more frequent and inti- mate than in former years, affording the opportunity for mutual acquaint- ance, and knowledge of the character and standing of the ministers in the difi'erent churclies of both countries; therefore, liesolved, That the regulation requiring ministers coming among us from the Presbyterian churches of Great Britain, to submit to a year's probation before maintaining ministerial standing, is no longer necessary, and is hereby repealed. Adopted. — 1872, p. 70. 35. Jurisdiction of Members Non-Resident. Sae Book of Discipline, chap, v., sees, iii., iv., and chap, x., sec. ii. 36. A Presbytery may not Restore one Deposed by Another. Also, Overture No. 19, being a memorial of the Rev. George D. Stew- art and others, that the General Assembly would take action and give relief in the case of Rev. Michael Hummer, who, having been deposed by the Presbytery of Iowa, had b'een restored by the Presbytery of Highland, against the remonstrance of the Presbytery of Iowa, just as if he was an independent minister. It is recommended that this General Assembly declare that it is irregu- lar and unconstitutional for any Presbytery to receive and restore a mem- ber of another Presbytery who has been deposed ; and therefore the action 160 FORM OF GOVERNMENT. of the Presbytery of Highland in restoring Mr. Hummer was improper; and the Presbytery of Highland is directed to reconsider its action, and proceed according to the requirements of the constitution. The report was adopted. — 1862, p. 608, O. S. 37. One -who has -witlidra-wn can be Restored only by the Presby- tery from -which he ■withdrew. Mr. David Austin, who had been formerly a member of the Pi'esbytery of New York, and had withdrawn from the Presbytery and the Presbyte- rian Church, appeared before the Assembly and renewed his request of last year to be again received into ministerial communion and regular standing in the Presbyterian Church. Mr. Austin, having been fully heard in support of his petition, withdrew ; when the Assembly, after ma- turely considering the case. Resolved, That as it would be disorderly for this Assembly to restore Mr. Austin to his standing in the Presbyterian Church in the form in which it is sought by him, inasmuch as he withdrew from the Presbytery of New York, against wliom he makes no complaint, and to whom, of course, he ought to apply, so this Assembly, in the course of the discussion had on the subject of Mr. Austin's application, have had before them sufficient evidence that it is inexpedient at present to recommend his re- ception by any judicature of this Church. Yet the Assembly are willing to hope that the time may come when the restoration of Mr. Austin to his former standing may take place to his own satisfaction and the edifi- cation of the Church.— 1802, p. 238. 38. A Minister neither Suspended nor Dismissed may not be Stricken from the Roll. [In 1830 the Rev. Theodore Clapp, having adopted a system of doc- trine at variance with the Confession of Faith, communicated the fact to the Presbytery of Mississippi, of which he was a member, and requested a dismission to join the Hampshire County Association of Congregational Ministers of INlassachusetts. Hereupon the Presbytery adopted a series of resolutions refusing the dismission, but declaring that "the Rev. Theo- dore Clapp is no longer either a member of this body or a minister of the Presbyterian Church." The whole business came before the Assembly upon a complaint of a minority of the session of the First Church, in New Orleans, with consent of the Presbytery carried up to the General Assem- bly.— Baird.'] Resolved, That since the Rev. Theodore Clapp has neither been dis- missed nor suspended by the Presbytery of Mississippi, he ought to be regarded as a member of that body, and that in the opinion of this Assem- bly they have sufficient reasons for proceeding to try him upon the charge of error in doctrine. — 1831, p. 340. 39. The Name of one Suspended is to Remam upon the Roll. The records of the Synod of Northern Indiana approved except that on page 54, the Synod censure the Presbytery of Michigan for retaining the name of Mr. Nicoll on the roll after suspending him from the gospel ministry. Your Committee are of the opinion that the name of a sus- pended minister should be retained on the roll of Presbytery till they proceed to the higher censure, though he be deprived of the exercise of his ministerial functions. The report was adopted. — 1847, p. 398, O. S. OF THE PEESBYTERY. 161 40. Deposition does not Necessarily Infer also Excommunication — "When both are Intended, it should be so Expressed. a. The Coininittee to which was referred the consideration of a report made by the committee which had been appointed to examine the records of the Synod of Geneva reported, and their report being read, was adopted, and is as follows, viz. : That the records of the Synod be approved to page 45, with the exception of a resolution in page 28, which declares that a deposed minister ought to be treated as an excommunicated person. In the judgment of this Assembly, the deposition and excommunication of a minister are distinct tilings, not necessarily connected with each other, but when connected ought to be inflicted by the Presbytery to whom the power of judging and censuring ministers properly belongs.— 1814, p. 549. b. Overture No. 20. A question submitted by John Warnock of Ala- bama, "Does deposition from the ministry exclude from church privi- leges?" The Committee recommended the following ' resolution, which was adopted, viz.: Resolved, That though the causes which provoke deposition are almost always such as to involve the propriety of exclusion from the sacraments, yet the two sentences are not essentially the same, the one having refer- ence to ofiice and the other to the rights of membership, and therefore. Presbyteries should be explicit in stating both when they mean both. When, however, a Presbytery interpret deposition to involve suspension from the sacraments, and pronounce the censure in that sense, the sentence obviously includes both. — 1848, p. 34, O. S. 41. The Name of a Deposed Minister to be Published in case h© does not Cease from Ministerial Functions. Resolved, That it be recommended to the Presbyteries under the care of the General Assembly when they shall depose any of their members from the exercise of the ministerial office, and when any person so deposed shall^ without having been regularly restored, assume the ministerial character, or attempt to exercise any of the ministerial functions, that in such case, with a view to prevent such deposed person from imposing himself on the churches, Presbyteries be careful to have his name published in the As- sembly's magazine as deposed from the ministry, that all the churches may be enabled to guard themselves against such dangerous impositions, —1806, p. 360. 42. MISCELLANEOUS QUESTIONS PERTAINING TO MINISTERS. 1. Ministers who "Withdraw from the "Work of the Ministry. a. Inasmuch as Mr. Stevenson has from time to time and for years past neglected attending on our judicatures, and also omitted his ministry with- out giving us any reasons ibr his said conduct, it is therefore agreed that his name shall be struck out of our recoi'ds till he come before us and give an account of his proceedings. — 1741, p. 156. h. If Persistent, to he Regularly Excluded or Deposed. That if any minister of the gospel, through a worldly spirit, a disrelish for the duties of his office, or any other criminal motive, become negligent or careless, he is by no meiins to be suffered to pui-sue this course so as at length to be permitted to lay aside the ministry without censure, because this would be to encourage a disregard of the most solemn obligations by opening a way to escape from them with impunity. 21 162 FORM OF GOVERNMENT. But in all such cases Presbyteries are seasonably to use the means and pursue the methods pointed out in the word of God and the rules of this Church to recall their offending brother to a sense of duty; and if all their endeavors be ineffectual, they are at length regularly to exclude or depose him from his office. If any cases or questions relative to this subject arise in Presbyteries which are not contemplated by the provisions of this rule, such cases or questions should be referred to the General Assembly for a special decis- ion.—1802, p. 259. c. Presbyteries to Inspect the Fidelity of their Mennhers. The constitutional remedy for these evils is in the hands of the Pres- bytery, to whom it belongs to ordain, install, remove and judge ministers (See Form of Government, chap, x., sec. viii.); and whose duty it is to in- spect the fidelity of those whom they have solemnly set apart to the work of the ministry by the imposition of hands. — 1834, p. 450. d. Reasons to he Required and Recorded, with Approval or Disapproval. That when ministers have withdrawn, or may hereafter withdraw^ from the work of the ministry, wholly or in part, it be enjoined upon the Pres- byteries to which they belong to require of such ministers their reasons for so doing, which reasons are to be put upon record by the Presbytery, with .an expression of their approbation or disapprobation of the same. — 1834, p. 450. e. To he called to Account and Dealt with. That those ministers who give up the regular and stated work of the gospel ministry as their main work, except it be for reasons satisfactory to their Presbyteries, should be called to an account by the Presbyteries to which they belong, and dealt with according to the merits of their re- spective cases. And the justifiable cause for which any minister gives up his work should be stated on the minutes of his Presbytery at the time, with the approval of the body. /. That all our Presbyteries be directed, at their first stated meeting after the rising of this Assembly, to require such ministers in tluir bounds as are not regularly engaged in their covenanted work, as their chief busi- ness, to give an account of themselves; and the Presbyteries shall take such order in the premises as is consistent with this minute, and report their doings specially to their respective Svnods, and to tlie next Assem- bly.—1842, p. 28, O.'S. g. Compliance with the Rule of 1834 Enforced. 1. That the attention of the Synods be called to the rule adopted by the General Assembly of 1834. (Minutes, page 450. See d, above.) 2. That the Synods be required at their next regular meeting to obtain replies from their several Presbyteries to the two following cpic^tions, namely: (1.) Whether the above recited rule of the Assembly of 1834 has been observed by the Presbytery. (2.) Whether proper discipline has been exerci-ed, in cases where the reasons for withdrawal from ministerial duty have been disapproved hy the Presbytery; and also in cases of habitual absence from the meetings of the Presbytery without the rendering of sufficient excuse. The rejwrt was adopted. — 1869, p. 263, N. S. OF THE PRESBYTERY. 163 h. From the Presbytery of EHzabethtown, asking the Assembly, "for the relief of our minutes, our ecclesiastical courts, and our ministerial name, to define whether a minister who turns aside from his calling, not from bad health or moral delinquency, to some secular employment, should demit the sacred office, or be denied the full immunities of the Presbytery." Reaolved, 1st. That the former deliverances of the Assembly on that subject, to wit, in the years 1802, 1834 and 1839 (see 6, d), are sufficient. Resolved, 2nd. That the Presbyteries be enjoined to execute the rule of the Assembly of 1834, as to any members "who have withdrawn in whole or in part, without justifiable cause, from the work of the ministry." — 1869, pp. 935, 936, O. S. 2. "When Providentially Incapacitated, Ministerial Privileg-es Re- main. Resolved, That it is a principle of this Church that no minister of the gospel can be regularly divested of his office except by a course of disci- jdine, terminating in his deposition ; that if any minister, by providential circumstances, become incapable of exercising liis ministerial functions, or is called to suspend them, or to exercise them only occasionally, he is still to be considered as possessing the ministerial character and privileges; and his brethren of the Presbytery are to inspect his conduct; and while they treat him with all due tenderness and sympathy, they are to be care- ful that he do not neglect ministerial duty beyond what his circumstances render unavoidable. — 1802, p. 258. 3. Rights of Ministers -without Charge to a Seat in Church Courts. a. The Committee to which was referred the overture from the Presby- tery of Baltimore, in the following words, viz., "Are ministers without charges constituent members of our church judicatures, and have they an equal voice with settled pastors and ruling elders of congregations in ec- clesiastical governments ?" reported, and their report being read and amended, was adopted, and is as follows, viz. : In the judgment of this Assembly, this question is answered affirma- tively, chap, ix., sec. 2, of the Form of Government of the Presbyterian Church, in these words: "A Presbytery consists of all the ministers and one ruling elder from each congregation within a certain district." — 1816, p. 615. h. The Committee to whom was referred Overture No. 9, relative to the right of ministers without charge to a seat in our judicatories, made their report, which, after some discussion, was referred to a committee consisting of Dr. Blythe, Dr. Hoge, Mr. Montfort, Mr. Elliot, and :Mr. A. O. Patter- son, to take the subject into consideration, and report to the next General Assembly.— 1835, p. 492. The report of the Committee on the rights of ministers without charges to a seat in the judicatories of the Church, was taken uj), and indefinitely postponed. — 1836, p. 294. c. Overture in Relation to the Right of Miniders not engaged in the Minis- terial Work to sit in Church Courts. According to the constitution of our Church, ministers, as such, whether with or without charge, are of equal power and privilege. If the defection of any minister from the duties implied in his ordination vows is serious enough to disfranchise him, it is sufficiently serious to call for the orderly exercise of discipline. The remedy, therefore, for the evil complained 164 FORM OF GOVERNMENT. of lies with the Presbyteries, and cannot be reached by any action of the Assembly. Touching the alleged inequality between the ministers and the elders in our judicatories, it need only be remarked that the number of vacant churches in a growing land like this greatly exceeds the number of unemployed ministers, and in the Church at large the elders could at any time obtain a large majority, if disposed so to do. Apprehending no danger in this direction, and recognizing no antagonism between the teaching and the ruling elders in the Church, this Assembly sees no reason for special action in the case, leaving the Presbyteries in our large cities, where ministers without charge are prone to collect, to deal with them in an orderly manner as their wisdom may suggest. — 1859, p. 533, 0. S. 4. May a Minister hold a Civil OflQce? The Committee to whom was referred the communication from the Presbytery of Ohio respecting the Rev. Boyd Mercer and his letter to the moderator of the Assembly, exhibited their report. The report, having been read and amended, was adopted, and is as fol- lows, viz.: With respect to the abstract question, whether the tenure of a civil office be or be not incompatible with that of the holy ministry, the Assem- bly is of opinion that there is nothing in the holy Scriptures, or in the Con- stitution, acts or proceedings of the Presbyterian Church in these United hftates, expressly prohibitory of such union of offices. With respect to the particular case referred to their consideration, as ]Mr. Mercer in his letter expressly asserts that it is not his intention to decline the office of the holy ministry, and that he was led to devote him- self for the present to the functions of an associate judge by a state of health so infirm as to interrupt the regular discharge of his public duties as a minister of religion, your committee are of opinion that the Presby- tery of Ohio ought not to censure him unless there be some circumstances in the case unknown to the Assembly. That none, however, may so far misconstrue these sentiments as to per- suade themselves that they countenance a covetous, ambitious spirit, your committee further beg leave to suggest the propriety of cautioning your clergy against worldly-mindedness; of exhorting them not to aspire after places of emolument or civil distinction; of reminding them that the cure of souls is their peculiar business, and that they who serve at the altar ought, as far as possible, to avoid temporal avocations. — 1806, p. 363. Reaffirmed.— 1808, p. 399. 6. He may hold the Office of Chaplain in the Army or Navy. a. Application was made to Bynod by Mr. Beatty, desiring to know their mind with respect to his going as chaplain to the forces that may be raised in the Province of Pennsylvania, if he shall by the Government be called to that service. The Synod do judge it to be his duty. — 1756, \), 275. b. Application having been made to Mr. Beatty by Colonel Armstrong to serve as chaplain to the first battalion of the Pennsylvania Provincials for the ensuing campaign, he requested the advice and judgment of this Synod with respect to his duty therein. The Synod do unanimously agree that it is his duty to go. — 1758, j:*. 282. c. 'Tis allowed tliat Messrs. Alexander McDowel and Hector Allison go as chaplains to the Pennsylvania forces, and that ]\[r. Kirkpatrick go with the New Jersey forces, the ensuing campaign. — 1760, p. 3U2. OF THE PRESBYTERY. 165 d. The First Philadelphia Presbytery report that they have ordained Mr. Israel Evans and Mr. William Lynn to qualify them to act as chap- lains in the army to which they had been appointed. — 1776, p. 472. e. Also ordained Mr. Robert Keith to qualify him to act as a chaplain in the army. — 1777, p. 477. /. A reference from the Presbytery of Philadelphia on the propriety of their ordaining to the work of the gospel ministry a licentiate under their care who now holds the office of a chaplain in the navy of the United States was considered, Avhereupon the Assembly resolved, That this judicature of the Pi'esbyterian Church feels a deep and lively interest in the spiritual welfare of the mariners of this country, and espe- cially of those who are engaged in the naval service of our Union ; and that the Assembly therefore will rejoice if any Presbytery under its care has the opportunity of ordaining any well-qualified persons, men of piety and learning, with a view to their rendering permanent ministerial ser- vices to large congregations of our fellow-citizens who dwell in ships-of- war.— 1826, p. 171. 6. Demission of the Ministry. a. There being from time to time complaints of the weakness and defi- ciency of Mr. Robert Laing, rendering his exercise of the ministerial function a detriment to the interest of religion, and rather a scandal than an help to the gospel, the Synod advised him to demit the whole exercise of the ministry, and not to take it up again but by the approbation of at least three ministers of the Presbytery wherein he may reside ; the said Mr. Laing did quietly and humbly acquiesce in the aforesaid advice. — 1726, p. 84. h. The Presbytery of New York report that the Rev. Mr. William Wood- hull, one of their members, appeared before them at their last meeting, and stated to them his situation, as being still incapable of exercising his ministry by his continued indisposition, and the little, or rather no, probability of his ever being able to attempt the exercise of it in future, and that he was at the same time engaged in certain secular eraplov- inents that would seem to render it improper to have his name in their records as a member, while he is incapable of attending their meetings, or discharging any of the great duties of his ministry, and therefore submits to them the propriety of their continuing and considering him as a member from time to time ; and that the Presbytery, on considering his situation, thought it best to leave his name out of their records in future, till he shall be able to return to the exercise of his ministry, an event that would give them great pleasure. The Synod considered the above report, and are of opinion that ]\Ir. Woodhuli ought to be continued a member of the Presbytery of New York, and therefore direct that Presbytery to insert his name in their roll. — 1783, p. 497. c. In consequence of Mr. Joseph Montgomery's having informed them [the New Castle Presbytery] that through bodily indisposition he was incapable of officiating in the ministry, and liaving also accepted an office under the civil authority, they have left his name out of their records. The Synod disapprove of the conduct of the Presbytery of New Cilstle, in striking the name of I\Ir. Montgomery oft' their roll for the reasons given in their report; neither of which, nor both together, seem to be sufficient ; and in future recommend to all Presbyteries, when any ministers under their inspection resign their charge, or discontinue the exercise of their 166 FORM or GOVERNMENT. office while they remain in the same bounds, to pass a regular judgment on the reasons given for such conduct ; and continue their inspection of those who shall not have deserved to be deprived of the ministerial charac- ter, though they may be laid aside from immediate usefulness. — 1785, pp. 507, 510. d. By a report from the Presbytery of Lewes, it appeared that a min- ister, heretofore a member of that Pi'esbytery, had been declared to be no longer a member thereof; and, as the Assembly were informed, is considered by them as divested of the ministeral office, and this without deposition, suspension, or censure ; wherefore, Resolved, That it is a principle of this Church that no minister of the gospel can be regularly divested of his office except by a course of discipline, terminating in his deposition. That if any minister, by providential cir- cumstances, become incapable of exercising his ministerial functions, or is called to suspend them, or to exercise them only occasionally, he is still to be considered as possessing the ministerial character and privileges ; and his brethren of the Presbytery are to inspect his conduct; and while they treat him with due tenderness and sympathy, they are to be careful that he do not neglect his ministerial duty, beyond what his circumstances render unavoidable. — 1802, p. 258. [In 1858 an overture was sent down by the Assembly, O. S., proposing to add to chap, xv.. Form of Government, three sections providing for the demission of the ministry. — p. 299. [This overture was rejected ; affirmative 24 Presbyteries, negative 84 Presbyteries.— 1859, p. 532.] e. A Full Minxde on Demisdon of the Ministry. The Assembly resumed the consideration of the report of the special committee (Edwin F. Hatfield, D. D., Henry B. Smith, D. D., and Walter S. Griffith, Esq.) on the Demission of the Ministry. After considerable discussion, the I'eport was adopted, and is as follows, viz.: The Committee to whom was referred, by the last General Assembly, an overture from the Presbytery of Philadelphia, Third, on the "Volun- tary Demission of the Ministry," respectfully submit the following report: The Constitution of our Church, it is well known, provides for the de- position of the unworthy, by due process of discipline; but seems not to have anticipated that any other class would require to be separated from the responsibilities of an office so high and so sacred. It nowhere con- templates the dismission of the members of the church to the world, nor the return of the ministry, at their own instance, to the mere secularities of everyre guilty of certain gross irregulai'ities and au arbitrary use of power in the proceeding. But the papers do not OF THE PRESBYTERY 373 contain evidence sustaining these allegations. There is no testimony of any kind tiled with these papers. It is impossible for the Assembly to determine from the record whether the power of the Presbytery was dis- creetly exercised. The Committee therefore recommend that the appeal and complaint be dismissed. The report was adopted, and the appeal and complaint dismissed.— 1863, p. 36, O. S. XI. TO OEGxVXIZE, UNITE AXD DIVIDE CHURCHES. 49. The Org-anizing of Churclies belongs to Presbytery. Is a minister of the gospel in our connection, ex-officio, authorized to organize churches in the bounds of Presbyteries witliout any previous order of Presbytery directing such organization?. Resolved, That except in frontier and destitute settlements, where, by Form of Government, chap, xv., sec. xv., it is made a part of the business of evangelists to organize churches, and except in cases where it is ex- ceedingly inconvenient to make application to a Presbytery (for which provision is made in the act of Assembly of 1831), it is not the preroga- tive of a minister of the gospel to organize churches without the previous action of some Presbytery directing or permitting it, since in Form of Government, chap, x., sec. viii., to form new congregations is enumerated among the powers of a Presbytery, and since in chap, iv., "Of Bishops or Pastors," no mention is made of any such power being lodged in the hands of an individual minister. — 1833, p. 410. 50. Organization on Petition of a Minority. Has a Presbytery the constitutional right to divide a church where a majority of the members of said church are opposed to its division? Resolved, That where the minority request it, and the Presbytery has reason to believe that the interests of religion will be promoted by it, the Presbyterv has the right to form the minority into a new congregation. — 1848, p. 29, O. S. 51. Presbjrtery may Prohibit an Organization. [The people about White Clay Creek, in New Castle county, Delaware, petitioned Presbytery to have the ordinances of the gospel administered ■with more convenience and nearness to the place of their abode, for the greater advantage and ease to their several families. Against this the people of New Castle protested, craving that the people of White Clav Creek may not be suffered to set up a meeting-house in the country, that their meetiiig-house and congregation in New Castle may not be dam- aged by this rupture of their fellow-members of White Clay Creek.] The General Presbytery Ordered, Tliat the people of New' Castle and the country should not be divided by setting up two separate meetings. — 1708, pp. 11, 12. 52. "When ne^w Congregations may be Formed. The Assembly censure a minister for irregularity in dividing tin? church in Peoria, by w'hich he did not make a separation from the great body of the Presbyterian Church, but a schism in the body, contrary to the word of God and the government of the Church, which allow of the division of the Church universal into separate congregations only when 174 FOEM OF GOYERXMEXT. the people of God are too numerous or too remote from each other to assemble in one place to worship God. — 1840, p. 302, O. S. 53. To Divide a Congregation -without Request of the People Irregular. The Synod [of Illinois] seem to have overlooked the irregularity of the Presbytery in dividing a congregation when there was no request from the people on the subject— 1840, p. 302, O. S. XII. TO OEDER WHATEVER PERTAINS TO THE SPIRITUAL WELFARE OF THE CHURCHES. 54. A Presbytery Dissolves a Pastoral Relation on its o^wn ' Discretion, a. The moderator explained the state of the question, and read the action of the Presbytery of St. Louis complained against, which was as follows : The memorial of certain members of Pine Street church having been presented, after discussion, Be^olved, 1. That by the action of Presbytery in June, 1863, the pas- toral relation between Dr. McPheeters and the Pine Sti'eet church wns dissolved, and Dr. McPheeters ceased to be the pastor of that church, and ceased to have the right to exercise discipline, or perform the functions of the pastoral office in that church. Resolved, 2. That inasmuch as this action was taken by Presbytery in the exercise of its power " to ordain whatever pertains to the spiritual ■welfare of the churches under their care," and is its solemn judgment that the interests of the Pine Street church required that Dr. INIcPheeters should cease to exercise the functions of minister to that church, therefore Presbytery learn with regret that Dr. McPheeters is still officiating as minister in that church, whether by invitation of session or at his own instance is not known to Presbytery, but in either case they do hereby ordain and declare that in the judgment of Presbytery the peace and har- mony and spiritual interests of Pine Street church, as well as a proper respect for the feelings of a large minority opposed to the ministration of their former pastor, require that Dr. McPheeters shall cease all connection with that church, and no longer attempt to minister to that congregation. The vote in the case was then taken by calling the roll, and with the following result: To sustain the complaints against the Presbytery, 47; not to sustain, 119; to sustain in part, 2 ; excused from voting, 1. Whereupon the moderator announced that the complaints in this case against the Presbytery of St. Ijouis were not sustained. Dr. Krebs moved, and it was carried, to ap})()int a Committee to draw up and report a minute in this case. The following persons were appointed as the Gmimittee, viz. : Drs. Beatty, Musgrave, Elliott, Tustin, Craven and Judge Linn. — 1864, p. 311, 0. s. The following is the minute in the case, viz. : h. The Assembly does not sustain the complainants, because the pro- ceedings of the Presbytery of St. Louis in this case appear constitutional and regular, and, so far as we can perceive, were judicious, equitable, and for the edification of the church. These complaints, both in tluir language and the necessity of the case., brought the whole proceeding under our review. The question of a dis solution of the pastoral relation between Dr. McPheeters and the Pint me OF THE PRESBYTERY. 175 Street church was originally brought in an orderly manner before the Presbytery, by petition of a minority of said church, and a personal tender of resignation by the pastor ; and after all the constitutional steps were taken with care and deliberation was decided by the Presbytery, acting for the peace and welfare of that church. That which was called an appeal and complaint to Synod against that action could not so suspend all further proceedings as to pi'event the Presbytery from considering and acting upon the continued disturbed state of that congregation ; and when, at a subs<^quent stated meeting of that body, this subject came before them, they did, almost unanimously, deem it unadvisable that the late pastor should continue ministerial labors in that congregation. Against this decision of the Presbytery, Dr. McPheeters and others have uttered these complaints, which we do not sustain. The Assembly has patiently listened to the history of this case from the opposite points of view taken, but in their decision have strictly confined themselves to the facts on record. The resignation of the pastoral re- lation, and the distracted state of the church, seemed plainly to call for the action of the Presbytery; and being upon the ground, and conversant with all the circumstances and demands of the case, they seem most com- petent to understand and decide what that action should be. The question of the pastor's loyalty to his national government, which seemed to be so largely a disturbing element in the church, has not been properly before the x\ssembly, as it was not pronounced upon in any presbyterial action. They judged it best for the peace and prosperity of that particular church that the late pastor should retire altogether, and cease from his public min- istrations to them ; and this Asseinbly cannot decide otherwise. And though many of the members of the Presbytery were absent from that meeting which so decided, this could not invalidate their proceedings, as it was a regular and lawful meeting of that body. Tlie right and duty of the Presbytery " to order whatever pertains to the spiritual welfare of the churches under their care, and especially to heal dissensions, bj seeking to remove the occasions of them, is a dis- tinctive and important feature in our Presbyterian polity. And when the pastor himself so far recognized the propriety of his withdrawal as to ten- der to the Presbytery his resignation, it was clearly competent for that body not only to grant his request, but to order, if necessary, that he cease his ministrations to that people, if they believed that by longer con- tinuing to serve them the dissensions would be fomented, the strife become embittered, and the spiritual interests of the church endangered. And Avhen the Presbytery did, at length, so interfere and direct, without pro- nouncing upon tlie rumors and side issues which were the occasions of the strife and unhappy condition of the church, they simply undertook to control the relations of pastor and people for the welfare of the church, without impeaching, by any expression, the moral character and minis- terial standing of that pastor. They only ordered, as a prudential mea- sure, that the resignation which he had himself voluntarily tendered to them, should properly and entirely be carried out, by his ceasing in any way to keep up this unhappy state of things, and by ceasing to minister to them as their pastor," — l6Qi, pp. 327, 328, O. S. ' 55. A Presbytery may not Dismiss or Receive a Church -without the Consent of Synod. Resolved, That it is unconstitutional for a Presbytery to dismiss a con- gregation under their care, and for any other Presbytery to receive the 176 FORM OF GOVERNMENT. congregation so dismissed, without the approbation of the Syiiod to which such Presbyteries respectively belong. — 1823, p. 91. 66. The Po-wer of Presbytery over Unemployed Ministers and Va- cant Churches.— Mode of Proceeding. The Assembly proceeded to the consideration of the Report of the Committee on Church Polity, on "Vacant Churches and Unemployed Ministers," which was adopted, as follows : Sundry papers on the general subject of " Vacant Churches and Unem- ployed jNIinisters," to wit : The report of a Committee appointed by the Assembly of 1871 made to the AsseudDly of 1872, and referred to this Assembly ; 2. An overture from the Presbytery of "Wooster, with accom- panying documents ; and 3. A memorial from Eev. Alien H. Brown, a member of the Presbytery of West Jersey. The Committee recommend the following plan, namely: I. That the Assembly enjoin on each Presbytery, to submit this im- portant matter to that Committee (standing or special) which has the par- ticular care of its missionary churches, with the following instruction, viz.: 1. To provide, as far as may be possible, permanent or occasional work for every minister desiring it, who is without charge, within its Presby- terial jurisdiction ; and also to provide permanent or occasional preach- ing for every destitute church under its presbyterial care. 2. To arrange for grouping the smaller aid-receiving vacant churches, so as most eftectively to furnish competent support for the minister serving them, and so as also to secure the preaching of the gospel to the greatest possible nund:)er. 3. And since aid-receiving churches, when they become vacant, are usually cut oft' from Home JNlissionary aid until they shall have found au acceptable minister ready to be commissioned ; and since many of these churelies, being unable to provide for themselves even occasional supplies, thereby sufter serious injury in any long vacancy, each presbyterial Com- mittee is urged to endeavor, in its own way, to nourish and sustain these churches until they are advanced to a condition in which they can be assisted by the Board of Home Missions. 4. To report, to the Chairman of the Synodical Committee, the names of " vacant churches and unemployed ministers" in their bounds for Avhom they are not able to provide. II. It is further recommended, that each Synod appoint a Committee on " vacant churches and unemployed ministers," consisting of one from each of the presbyterial Committees aforesaid, in like manner, and, as far as possible, to distribute, among the vacant churches of their own Synod, such unemployed inini.sters as have been reported to them, always regard- ing the rights of the Presbyteries and the wishes of the people. If there sliould yet remain a surplus of either vacant churches or un- employed ministers within the bounds of any Synod, the chairnian of its Committee on this subject ^hall report the same to the Board of Home Missions. III. And whereas, there may be, in the vast extent of our territory, an excess of " unemployed ministers " in one part thereof, and in another au excess of "vacant churches," the Board of Home Missions is hereby au- thorized and instructed to organize a SrixiAL Bureau, whose business it shall be to gather and publi.^h such statistics bearing on the subject as maybe important for the information of the churches, and to consider the case of such "vacant churches and unemployed ministers" as may have OF THE PRESBYTERY. 177 been reported to them by the synodical Committees ; and to endeavor to adjust and distribute these, so that, as far as possible, every capable min- ister, asking for it, may have something to do, and every church may be supplied ; always, however, so as not to interfere in any ■wise with Presby- terial prerogatives. IV. It is further recommended, that, whereas the Minutes of the Assem- bly for 1872 report 1029 vacant churches, of which 485 have each but 25 members or less, and 174 have each only 10 members or less, the Pres- byteries embracing them be instructed to consider whether some of these churches may not be consolidated advantageously to themselves, without injury to the cause of religion. — 1873, p. 562. IX. It shall be the duty of tlie Presbytery to keep a full and fair record of their proceedings, and to report to the Synod every year licensures, ordinations, the receiving or dismissing of members, the removal of members by death, the union or division of congregations or the formation of new ones, and, in general, all the important changes which may have taken place within their bounds in the course of the year. [See under Form of Government, chap, xi., sec. vi. Nearly every case tliere applies equally to the Records of Presbytery.] 1. Narratives and all Important Papers to be Recorded. Resolved, That this Assembly earnestly recommend to the Synods and Presbyteries to record in their minutes the Narrative of Religion and ali other papers. — 1870, p. 91. 2. Modification of the Rule as to Reports to Synods. The stated clerk, to whom was committed Overture No. 6 from the Synod of Virginia, reported the following resolution, which was adopted, viz.: Resolved, That the standing rule of the Assembly on the subject of the reports of Pi-esbyteries to their respective Synods, contained on page 84 of the Digest of 1820, be and the same is hereby repealed ; and hereafter Presbyteries are required to make no other reports to Synods than such as are required by chap, x., sec. ix,, in the Form of Government, and these in as general terms as that article of the Constitution will allow. — 1833, p. 400. PRESBYTERIAL REPORTS. It is required of every Presbytery to prepare and forward to the Gen- eral Assembly: 1. A Statistical Report, according to the form exhibited on page 194 of the present Appendix, of which a printed blank will be furnished in due season, by order of the Assembly, to the stated clerk of every Presbytery. This report should, if possible, embrace all the changes in the Presbytery previous to the first day of April. 2. A Narrative of the State of Religion within the bounds of the Presby- tery for the year ending April 1st. These narratives should specify facts in regard to the particular churches, their state, trials, encouragements and prospects ; how many of them, and which, have enjoyed revivals of religion through the year ; in which of them the catechisms are taught^ 23 178 FORM OF GOVERNMENT. Sabbath-schools and Bible classes organized, with the number of scholars and teachers. Also the various arrangements of the Presbytery for church extension, stating the number of their ministers, and the particular manner in which they are employed; the number of their churches, and how they are supplied ; the gross amount of funds collected in their bounds for home missions and church erection ; the amount received by their churches from the Presbyterian Board of Home Missions or the Assembly's Sustentation Committee ; the number of houses of worship, with their probable value, whether they are free from debt, and what has been done within the year to relieve them from debt ; the number of new churches organized and new houses of worship erected ; what itinerant arrangements have been adopted for preaching the gospel; what and how much agency has been employed, together with all such other facts and suggestions as will show from year to year what has been accomplished, and what may need to be undertaken, to bring all the churches to a proper degree of effort to promote the kingdom of Christ. As the narratives are not to be publicly read, less care may be given to their style and more to the detail of particulars, such as will aid the Committee of the Assembly in preparing their Annual General Narrative of the State of the Church. —1872, pp. 191, 192. X. The Presbytery shall meet on its own adjournment ; and when any emergency shall rec{uire a meeting sooner tlian the time to which it stands adjourned, the moderator, or, in case of his absence, death or inability to act, the stated clerk, sliall, with the concurrence or at the recjuest of two ministers and two elders, the ciders being of differ- ent congregations, call a special meeting. For this purpose he shall send a circular letter, specifying the particular business of the in- tended meeting, to every minister belonging to the Presbytery, and to the session of every vacant congregation, in due time previous to the meeting ; which shall not be less than ten days. And nothing shall be transacted at such special meeting besides the particular busi- ness for whicii the judicatory has been thus convened. 1. PreslDytery may Meet without its ov^rn Bounds. 1. Resolved, That Synod has power to order a Presbytery to meet and to transact such business as in the judgment of Synod is intimately con- nected with the good order and well-being of the Church. 2. Besolved, That as such meetings are of the nature of pro re nata meetings, the rules that are laid down in our book for the regulation of such called meetings ought to regulate and govern in all cases these nieet- ings ordered by Synod, except wlien ordered to meet during the sessions of Synod on business immediately connected with the proceedings of that body. In such cases the Presbytery may be required to meet at once by order of the Synod. 3. Rexolved, Tluit Avhilst it would be inexpedient and wrong for the Synod to order a Presbytery to meet beyond its own bounds without the express consent of its members, we see no constitutional or valid objection against a Presbvtery agreeing to meet without its own geographical lim- its.—1848, p. 60, O'. S OF THE PRESBYTERY. 179 2. A Meeting pro re nata must be Called by the Moderator Chosen at a Stated Meeting. a. [The Records of the Synod of Mississippi approved,] with the excep- tiou that the Synod acknowledges the constitutionality of a meeting of the Presbytery of Clinton that had been called by a moderator chosen p?-o tempore at a previous pi'o re nata meeting, instead of benig called by the moderator appointed at the last stated meeting of the Presbytery. — 1842, p. 28, O. S. 3. "When Meetings pro re nata may be Called. In answer to the first query, the Synod judge that meetings of judica- tures pro re nata can only be necessary on account of important occur- rences unknown at their last meeting, and which cannot be safely deferred till their stated meeting, such as scandal raised on a minister's character tending to destroy his usefulness and bring reproach on religion, or feuds in a congregation threatening its dissolution, or some dangerous error or heresy broached ; but not matters judicially deferred by the judicature, except some unforeseen circumstance occurs, which makes it appear that some principal things on which the judgment depends may then be had, and cannot be obtained if it is deferred till their stated meeting, nor for any matters that ordinarily come in at their stated meetings. And when such occasional meetings appear necessary to the moderator himself, it is proper to call the judicature together, or upon the application of any two members judging it necessary, provided always that seasonable notice be given to all the members of the occasion, time and place of meeting, and that it be appointed at such a season as may render the attendance of the members practicable. — 1760, p. 305. 4. Applicants for a Meeting pro re nata may Name a Time and Place -which the Moderator may not Change. 1. In an application to the moderator of a Presbytery to call a ^j?'0 re nata meeting of that body, is it competent for applicants to specify a par- ticular time and place for such meeting? 2. If a particular time or place, or both, be specified in the application for a pro re nata meeting of Presbytery, has the moderator a right, on such application, to call a meeting at a different time and place? The first question was answered afiirmatively, the second negatively, at the recommendation of the Committee. — 1856, p. 522, O. S. XI. At every meeting of Presbytery a sermon shall be delivered, if convenient; and every particular session shall be opened and closed with prayer. The Preacher not Necessarily a Member of that Presbytery. The Records of the Synod of Indiana approved, except that on i)age 253 it appeared that the Presbytery of Madison, at a certain meeting, in the absence of the moderator, invited a minister from another Presby- tery to preach the opening sermon. This act of Presbytery the Synod condemn as unconstitutional. The Committee are of the opinion tiiat the Presbytery by so doing violated no principle of the constitution. Adopted.— 1849, p. 250, O. S. 180 FORM OF GOVERNMENT. XII. Ministers in good standing in other Presbyteries, or in any sister churches, who may happen to be present, may be invited to sit with the Presbytery as corresponding members. Such members shall be entitled to deliberate and advise, but not to vote in any de- cisions of the Presbytery. 1. Ssmods and Presbyteries may Correspond with Local Bodies. a. Resolved, That while this Assembly would not interfere authorita- tively with the lower judicatories in the exercise of their prerogative, they would recommend that no ministers should be invited to sit as correspond- ents who do not belong to some body in correspondence with this Assem- bly.—1843, p. 23, N. S. _ b. The report of the Committee in reference to correspondence with the Methodist Episcopal conferences, which had been put upon the docket, was taken up, and the following resolution was adopted, viz. : Whereas, the communication of the Oneida Annual Conference of the Methodist Episcopal Church solicits only a correspondence between them- selves and the Synod of New York and New Jersey, and not with the Presbyterian Church generally ; and whereas, the Synod has referred the matter to the Assembly without submitting any specific proposition or plan for such correspondence ; therefore, Resolved, That the communication be referred back to the Synod to adopt such measures as they may deem proper in pursuance of the request for a correspondence of the local bodies. — 1850, p. 323, N. S. c. Overture: Is it orderly for our Presbyteries and Synods to invite ministers of the Methodist Episcopal Church to sit as corresponding mem- bers ? which was answered by the Assembly unanimously in the affirma- tive.—ISid, p. 174, N. S. 2. The Ecclesiastical Bodies must be Named. Minutes (Synod of Albany) approved, with the exception of having in- vited several ministers to take their seats as corresponding members with- out describing the ecclesiastical bodies to which such ministers belong. — 1815, p. 578. OF THE SYNOD. 181 CHAPTER XI. OF THE SYNOD. I. As a Presbytery is a convention of the bishops and elders within a certain district : so a Synod is a convention of the bishops and elders within a larger district, including at least three Presbyteries. The ratio of the representation of elders in the Synod is the same as in the Presbytery. The Form of Government, as adopted in 1789, reads : " As a Presbytery, etc., so a Synod is the Convention of several Presbyteries within a larger district, including at least three Presbyteries." The Assembly of 1804, p. 304, sent down an overture to the Presbyteries to change the section so as to read as at present, and adds in a note, " Under this section it has been doubted whether the members can proceed to business as a Synod, unless there are present several Presbyteries, i. e., at least three ministers from one of the existing Presbyteries and three from another. The doubt has not only caused delay in several instances, but defeated the whole business of one entire meeting. The amendment therefore goes to make a Synod consist not of Presbyteries, but, as it ought, of bishops and elders. The amendment was adopted. — 1805, p. 333. 1. Synod may not Refuse to Receive the Members of its Presby- teries, nor Order their Names to be Erased. a. The records of the Synod of Michigan were, on the recommendation of the Committee, approved, with the following exception. That on pages 137, 138, 139, 140, the Synod declined to receive two members, whose names appear on the minutes of two of the Presbyteries, and that the Synod also directed said Presbyteries to strike the names of said members of Pres- bytery from their roll, one of the members belonging to the Presbytery of Monroe, the other to the Presbytery of St. Joseph. — 1849, p. 176, N. S. b. On the records of the Synod of Indiana, the following report was adopted : The Committee to which were referred the records of the Synod of Indiana reports that it has examined said records, and recommends their approval, with the following exception : On pages 157 and 8 the record declares that Synod refused to enroll the Rev. E. B. Smith, because he had made no public contradiction of the fact that his name appears in the public prints as a signer of the Declara- tion and Testimony, although he privately informed the stated clerk of Synod that he had neither himself signed the " Declaration and Testi- mony," nor authorized any one to sign it for him, as appears from page 153 of the records. It seems to the Committee that the Synod should have directed the Rev. Mr. Smith to make a public contradiction before taking further action, because, as the record now stands, it implies that the Synod has no confidence in his statements. If his statements are unworthy of belief he should be disciplined. The Committee recommend that the Synod be directed to review its action. — 1867, p. 357, 0. S. 182 FORM OF GOVERNMENT. c. Overture No. 28. Ou the doings of the Synod of Michigan, the matter of enjoining the Presbyteries of St. Joseph and Monroe to erase the names of Eev. ISIarcus Harrison and Rev. A. L. Payson from their rolls, was taken up. It was Resolved, That the action of the Synod in the premises is unconstitutional. — 1849, p. 177, N, S. [For a history of the Synods prior to 1869, see Baird, Revised Edition, pp. 264, 275, 853. New Digest, pp. 142-154.] 2. The Synods as Constituted in 1870. The order of the day, viz., the Enabling Act, was then taken from the docket, amended, and passed as follows : Besolved, That, in order to carry into full effect the plan of Reunion, the fifty-one Synods, into which the Presbyteries of this Church are now distributed, be and they are hereby so arranged as to make but thirty-four Synods, to be constituted as follows : 1. The Synod of Long Island is hereby constituted; to consist of the several Presbyteries and parts of Presbyteries included within the counties of King's, Queen's, Suffolk and Richmond, in the State of New York ; to meet on the twenty-first day of June, 1870, at 3 P. M., in the First Pres- byterian Church (Remsen street) of Brooklyn, N. Y. 2. The Synod of New York is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the counties of New York, Westchester, Putnam, Dutchess, Rockland, Orange, Ulster and Sullivan, in the State of New York, and within New England ; to meet on the twenty-fii-st day of June, 1870, at 11 A. M., in the First Pres- byterian Church of New York ; and the Synod of New York is hereby declared to be the legal successor of the Synod of New York, and of the Synod of New York and New Jersey, and as such entitled to the posses- sion and enjoyment of all the rights and franchises, and liable to the per- formance of all the duties, of those Synods. 3. The Synod of Albany is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district nortli of the northern line of the Synod of New York, and east of the western line of the counties of Greene, Schoharie, Montgomery, Fulton, Hamilton and Franklin, N. Y. ; to meet on the fourth Tuesday of June next, in the Second Church of Troy, N. Y., at 7* p. m. ; and the Synod of Albany is hereby declared to be the legal successor of the Synod of Albany, New School, and of the Synod of Albany, Old School, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 4. The Synod of Utica* is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district west of the Synod of Albany, extending to the State line on the north, and to the western line of Tioga, Cortland, Onondaga and Oswego counties, in the State of New York ; to meet on the twenty-first day of June, 1870, at 7^ p. M., in the Fii-st Presbyterian Church of Oneida, N. Y. ; and the Synod of Utica is hereby declared to be the legal successor of the Synods of Utica and Susquehanna, and as such entitled to the possession and enjoy- ment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 5. The Synod of Geneva is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district west of the Synod of Utica, and extending to the west line of Steuben, Ontario and * Changed to Central New York, 1873, p. 525. OF THE SYNOD. 183 "Wayne counties, in the State of New York ; to meet on the eleventh clay of July next, in the First Presbyterian Church of Ithaca, N. Y., at 7-^ p. M, ; and the Synod of Geneva is hereby declared to be the legal successor of the Synod of Geneva, and as such entitled to the possession and enjoy- ment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 6. The Synod of Genesee* is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district lying west of the Synod of Geneva, in the State of New York ; to meet on the twenty-eighth day of June next, in the Central Church, Buffalo, N. Y., at 7 2" P.M.; and the Synod of Genesee is hereby declared to be the legal successor of the Synods of Genesee and Bufialo, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 7. The Synod of New Jersey is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of New Jersey, together with the Presbytery of Corisco, in Africa ; to meet on the twenty-first day of June next, at 3 p. M., in the Westminster Church of Elizabeth, N. J. ; and the Synod of New Jersey is hereby declared to be the legal successor of the Synod of New Jersey, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 8. The Synod of Philadelphia is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the district between the eastern line of Pennsylvania and the west line of the counties of Bradford, Sullivan, Luzerne, Schuylkill, Lebanon and York, together with the Presbytery of Western Africa ; to meet on the twenty-first day of June, 1870, at 8 p. m., in Spring Garden Church, Philadelphia; and the Synod of Philadelphia is hereby declared to be the legal successor of the Synods of Philadelphia and Pennsylvania, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 9. The Synod of Harrisburg is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the district lying west of the Synod of Philadelphia, and east of the west line of the coun- ties of Mclvean, Cameron, Clearfield, Blair and Bedford, in the State of Pennsylvania; to meet on the twenty-eighth day of June next, at 7^ p.m., in the First Presbyterian Church of Bellefonte, Pennsylvania. 10. The Synod of Erie is hereby constituted ; to consist of the Presby- teries and parts of Presbyteries in the north-west counties of Pennsylvania, west of the Synod of Harrisburg, and bounded south by the counties of Cambria and Westmoreland, and the Allegheny and Ohio rivers to the State line, except that part of Indiana county lying east and south of the Black Lick Creek; to meet on the seventh day of July, 1870, at 71 p. m., in the Park Presbyterian Church, Erie, Pa. ; and the Synod of Erie is hereby declared to be the legal successor of the Synods of Allegheny and West Pennsylvania, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 11. The Synod of Pittsburg is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the remainder of Pennsylvania, west of the Synod of Harrisburg, and south of the Synod of Erie, and all of West Virginia west of the Allegheny ridge ; to meet * Changed to Western New York, 1871, p. 539. 184 FORM OF GOVERNMENT. on the twenty-third day of June, 1870, at 10^ a. m., in the First Church of Pittsburg, Pa. ; and the Synod of Pittsburg is hereby declared to be the legal successor of the Synod of Pittsburg, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 12. The Synod of Baltimore is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the States of Del- aware and Maryland, the District of Columbia, Virginia, and that part of West Virginia east of the Allegheny ridge, together with the Presbytery of Rio Janeiro; to meet on the fourteenth day of June, 1870, at 7] p. m., in the Central Church of Wilmington, Del. ; and the Synod of Baltimoi-e is hereby declared to be the legal successor of the Synod of Baltimore, and_ as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 13. The Synod of Atlantic is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the States of North and South Carolina, Georgia and Florida; to meet on the seventh day of July, 1870, at 11 A.M., in Biddle Institute, Charlotte, N. C. 14. The Synod of Cleveland is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the district bounded by the Ohio State line on the east, and the west and south lines of the counties of Lorain, Medina, Summit, Stark, Tuscarawas, Guernsey, Koble and Monroe; to meet on the twenty-ninth day of June, 1870, at 72 p. m., in the Second Church of Cleveland, Ohio ; and the Synod of Cleveland is hereby declared to be the legal successor of the Synods of Wheeling and Western Reserve, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the du- ties, of those Synods. 15. The Synod of Toledo is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the counties west of the Synod of Cleveland, and the east and south lines of the counties of Erie, Huron, Crawford, Wyandot, Hardin, Logan, Champaign, Shelby and Mer- cer, Ohio; to meet on the twenty-first day of June, 1870, at 7-i p. m., in the Reunion Presbyterian Church of Lima, Ohio; and the Synod of Toledo is hereby declared to be the legal successor of the Synod of Sandusky, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 16. The Synod of Cincinnati is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the counties bounded by the north and east lines of Darke, Miami, Clarke, Greene, Fayette, Ross, Vinton and Gallia, in the State of Ohio; to meet on the twelfth day of July, 1870, at 11 A.M., in the Second Church of Cincin- nati, Ohio ; and the Synod of Cincinnati is hereby declared to be the legal successor of the Synods of Cincinnati, N. S., and Cincinnati, O. S., and as such entitled to the possession and enjoyment of all the rights and fran- chises, and liable to the performance of all the duties, of those Synods. 17. The Synod of Columbus is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the remaining, being the central, counties of Ohio; to meet on the twelfth day of July, 1870, at 8 p. M., in the Second Church of Columbus, Ohio; and the Synod of Columbus is hereby declared to be the legal successor of the Synods of Ohio, N. S., and Ohio, O. S., and as such entitled to the possession and en- joyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 18. The Synod of Michigan is hereby constituted ; to consist of the OF THE SYNOD. 185 Presbyteries and parts of Presbyteries included within that part of Mich- igan embracing the whole of the lower peninsula of that State ; to meet on the twelfth day of July, 1870, at 8 p. M., in the Westminster Church of Detroit, Mich. ; and the Synod of Michigan is hereby declared to be the legal successor of the Synod of Michigan, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 19. The Synod of Kentucky is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Ken- tucky; to meet on the twenty-ninth day of June, 1870, at 8 p. m., in the Chestnut Street Church of Louisville, Ky. ; and the Synod of Kentucky is hereby declared to be the legal successor of the Synod of Kentucky, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 20. The Synod of Tennessee is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the States of Ten- nessee, Louisiana and Texas, with all our ministers and churches in the States intervening ; to meet on the fourteenth day of July, 1870, at 2 P.M., in New Market, Tenn. ; and the Synod of Tennessee is hereby de- clared to be the legal successor of the Synod of Tennessee and of the Synod of Nashville, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 21. The Synod of Indiana, South, is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the State of Indiana, south of the north line of the counties of Wayne, Henry, Han- cock, Marion, Hendricks, Putnam, Clay and Vigo ; to meet on the fifth day of July, 1870, at 7i p. m., in the Third Presbyterian Church of Indi- anapolis, lud. ; and the Synod of Indiana, South, is hereby declared to be the legal successor of the Synods of Indiana, N. S., and Indiana, O. S., and as such entitled to the possession and enjoyment of all the rights and fran- chises, and liable to the performance of all the duties, of those Synods. 22. The Synod of Indiana, North, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Indiana, north of the north line of the Synod of Indiana, South; to meet on the twenty-eighth day of June, 1870, at 8 p. m., in the First Presbyte- rian Church of Logansport, Ind. ; and the Synod of Indiana, North, is hereby declared to be the legal successor of the Synods of Northern Indi- ana and Wabash, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 23. The Synod of Illinois, South, is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the State of Illinois, south of the north line of the counties of Edgar, Douglas, Moul- trie, Shelby, Christian, Montgomery, Macoupin, Green and Calhoun; to meet on the twelfth day of July, 1870, at 7h p. m., in the First Presbyte- rian Church of Vandalia; and the Synod of Illinois, South, is hereby de- clared to be the legal successor of the Synod of Illinois, N. S., and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 24. The Synod of Illinois, Central, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the counties north of the north line of the Synod of Illinois, South, and south of the south line of the counties of Kankakee, Grundy, La Salle, Putnam, Bu- reau, Henry and Mercer ; to meet on the twelfth day of July, 1870, at 7i 24 186 FORM OF GOVERNMENT. P.M., in the First Church of Bloomington, 111.; and the Synod of Illinois, Central, is hereby declared to be the legal successor of the Synod of Illi- nois, O. S., and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 25. The Synod of Illinois, North, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the remaining coun- ties of the State of Illinois, being those north of the north Vine of the Synod of Illinois, Central; to meet on the twenty-eighth day of June, 1870, at 7^ p. M., in the First Church of Chicago, Illinois; and the Synod of Illinois, North, is hereby declared to be the legal successor of the Synods of Chi- cago and Peoria, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 26. The Synod of "Wisconsin is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Wis- consin, together with the upper peninsula of Michigan, and the county of St. Louis, in the State of Minnesota; to meet on the twelfth day of July, 1870, at 72 P. M., in the North Church of Milwaukee, Wis.; and the Synod of W^isconsin is hereby declared to be the legal successor of the Synods of Wisconsin, N. S., and Wisconsin, O. S., and as such entitled to the posses- sion and enjoyment of all the rights and franchises, and liable to the per- formance of all the duties, of those Synods. 27. The Synod of JNIinnesota is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Min- nesota (except the county of St. Louis), and also the Territory of Daco- tah; to meet on the fifth day of July, 1870, at 8 p. m., in the First Presby- terian Church of Minneapolis, Minn.; and the Synod of Minnesota is hereby declared to be the legal successor of the Synods of jMinnesota and St. Paul, and as such entitled to all the rights and franchises, and liable to the performance of all the duties, of those Synods. 28. The Synod of Iowa, North, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the counties of the State of Iowa, north of the south line of the counties of Clinton, Jones, Linn, Benton, Tama, Marshall, Story, Boone, Greene, Carroll, Crawford and Maiiona; to meet on the fifth day of July, 1870, at 8 P. M., in the First Presbyterian Church of Cedar Eapids, Iowa; and the Synod of Iowa, North, is hereby declared to be the legal successor of the Synods of Iowa, N. S., and Iowa, O. S., and as such entitled to the possession and enjoymfiit of all tlie rights and franchises, and liable to the performance of all the duties, of those Synods. 29. The Synod of Iowa, South, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Iowa, south of the south line of the Synod of Iowa, North, Nebraska, and the Territory of Wyoming; to meet on the thirteenth day of July, 1870, at 8 P. M., in the Central Church of Des INIoines, Iowa ; and the Synod of Iowa, South, is hereby declared to be the legal successor of the Synod of Southern Iowa, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all tiie duties, of that Synod. 80. The Synod of Missouri is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of ]Mis- souri ;* to meet on the sixth day of July, 1870, at 8 p. m., in the First Pres- byterian Church of St. Louis, Mo.; and the Synod of jNIis.souri is hereby declared to be the legal successor of the Synod of Missouri, N. S., and the OF THE SYNOD. 187 Synod of IMissouri, 0. S., and as such entitled to the possession and enjoy- ment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 31. The Synod of Kansas is hereby constituted ; to consist of the Pres- byteries and j^arts of Presbyteries included within the State of Kansas, in Colorado, in New Mexico and in the Indian Territory ; to meet on the twelfth day of July, 1870, at 7-2 p. m., in the First Church of Topeka ; and the Synod of Kansas is hereby declared to be the legal successor of the Synod of Kansas, N. S., and Kansas, 0. S., and as such entitled to the possei;siou and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 32. The Synod of the Pacific is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries west of the Eocky Mountains ; to meet on the twelfth day of July, 1870, at Ih o'clock p. m., in the Howard Church of San Francisco, Cal. ; and the Synod of the Pacific is hereby declared to be the legal successor of the Synods of Pacific and Alta Cali- fornia, and as such is entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 33. The Synod of India is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries, and all our missionaries and churches, in that country, to meet on their own adjournment. 34. The Synod of China is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries, and all our missionaries and churches, in China, Siam and Japan ; to meet on the twentieth day of October, 1870, at 7 P. M., in the Presbyterian Mission Chapel, at Shanghai. — 1870, pp. 91-97. On the recommendation of the Committee on the Polity of the Church it w^as Resolved, That the churches connected with any of the Presbyteries of this Church that are located beyond the bounds of the United States be, and they hereby are, attached to the Presbytery and Synod as newly ar- ranged to which they are next adjacent. — 1*870, p. 127. 35. The Synod of Colorado is hereby constituted ; to consist of the ministers and churches in the Presbyteries of Colorado, Santa Fe and Wyoming ; and that said Synod meet at Pueblo, Colorado, on the fourth day of September, 1871, at 11 o'clock A. m. — 1871, p. 547. 3, Changes in the Boundaries of the Synods. a. OvertureNo. 8, from the Presbytery of St. Paul, asking for the rele- gation of St. Louis county, Minnesota, to the Presbytery of St. Paul, Synod of Minnesota. The reconstruction act, by special provision, embraced the county of St. Louis in the Synod of Wisconsin, instead of that of Min- nesota, to which it geographically belongs. The change now asked for by the overture will make the Synod of Minnesota embrace the whole of the State of Minnesota. The Committee, therefore, recommend that the re- quest be granted. — 1871, p. 540. h. The Church of Milford, Pa., from the Presbytery of Lackawanna, Synod of Philadelphia, to the Presbytery of Hudson, Synod of New York. —1871, p. 540. c. Overture No, 16, from the American Presbyterian Church of Montreal, Canada, asking the Assembly to transfer it from the Presbytery of Cham- plain to the Presbytery of New York. In view of the peculiar circum- stances of this case, the church being outside of the United States, the 188 FOEM OF GOVERNMENT. Committee recommend that the request be granted, and that the presby- terial connection of the American church of Montreal be hereby changed accordingly. — lb., p. 541. d. Overture No. 19, from the Synod of Columbus, asking for the transfer of the Church of Buffalo, in Guernsey county, with its pastor, the Rev. H. C. Foulke, from the Presbytery of St. Clairsville, Synod of Cleveland, to the Presbytery of Zanesville, in this Synod. Also, a re- monstrance from the Presbytery of St. Clairsville, on the ground that the church and pastor had refused to acknowledge their Synodical relation as declared by the last Assembly, and that the Presbytery of St. Clairsville have remonstrated with the Synod of Columbus against the illegal recep- tion of the church and pastor. The Committee recommend that the re- quest be answered in the affirmative. — lb., p. 545. e. Overture No. 28, a memorial from the Synod of Minnesota, asking the Assembly to attach the Santee Reservation in Nebraska to the Synod of Minnesota. It appears, by the memorial, that the Pilgrim church among the Santee Indians in Nebraska was, by the reconstruction act, placed within the Synod of Iowa, South ; and as it would seem to be ad- visable that all the churches in the Dakota Mission should be under the care of one Synod, the Committee recommend the granting of the request. —lb., p. 546. /. The Church of Canal Fulton, transferred from the Presbytery of Mahoning, Synod of Cleveland, to the Presbytery of Wooster, Synod of Columbus.— 1872, p. 86. g. The Committee recommend that the western boundary of the Sy- nod of Harrisburg be so changed as to include within that Synod the Shiloh Church of St. Mary's, to be attached to the Presbytery of North- umberland. Adopted.— 1872, p. 86. h. To transfer the Churches of Mechanicsville and Clarence from the Presbytery of Iowa City and Synod of Iowa, South, to the Presbytery of Cedar Rapids, Synod of Iowa, North, and also to alter the boundary line between those two Synods so that the northern tier of townshijjs in Cedar county shall be included within the limit of the Synod of Iowa, North. Adopted.— 1872, p. 88. i. An overture from the Presbytery of Austin, Texas, asking to be de- tached from the Synod of Tennessee, and made a constituent part of the Synod of Kansas, because of the great distance, and inconvenient access to that part of Tennessee where the Synod usually meets, which have thus far hindered the Presbytery altogether from attending ; and on the other hand, the direct coninuuiication with Kansas, now established by railroad connections. Recommended that the Presbytery of Austin be a part of the Synod of Kansas, until a Synod be organized in Texas. Adopted. — 1873, p. 525. k. The Church of lieem's Creek, Presbytery of Catawba, Synod of At- lantic, transferred to Presbytery of Holston, Synod of Tennessee, on ac- count of inconvenience of geographical position. — 1873, p. 539. /, A memorial from the Synod of Illinois Central, and one from the Presbytery of Ottawa, in connection with the Synod of Illinois, North, re- questing that the boundary line between those Synods be changed so as to include the two townships of Osage and Groveland, in the county of La Salle, within the territory of Illinois Central. Granted. — 1873, p. 539. II. Any seven ministers, belonging to the Synod, who shall con- vene at the time and place of meeting, with as many elders as may be OF THE SYNOD. 189 present, shall be a quorum to transact sy nodical business ; provided not more than three of the said ministers belong to one presbytery. 1. The Rvile as to a Quorum must be Observed. — Irregular Pro- ceedings.— HoviT' treated. a. It appears from the record that certain members of the Synod of "West Tennessee met at Knoxville, Tennessee, Oct. 12, 1848, and consti- tuted themselves the Synod of West Tennessee, contrary to the Form of Government, chap, xi., sec. 2, there being seven ministers present, but four of them were from one Presbytery. 1st. The Assembly declare all proceedings and acts of those members of the Synod of West Tennessee found recorded on pp. 214-230 unconstitu- tional and invalid, except so far as relates to the appointment of the time and place for the next meeting of Synod. 2d. That the Synod be directed to review, at its first regular meeting hereafter, the proceedings and acts of said members of the Synod, and that they adopt or reject the same, in whole or in part, as they may see fit.— 1849, p. 248, O. S. b. The Acts of less than a Quorum Unconstitutional. In regard to the Minutes of 1855, Synod of Arkansas, the Assembly declares — 1st. That the proceedings and acts of the members of said Synod, met at Little Rock, Sept. 20, 1855, are unconstitutional and void — inasmuch as they proceeded without such a quorum as the constitution requires — except so far as relates to the appointment of the time and place of the next meeting. 2d. The Synod is directed to review, at its next regular meeting, the proceedings and acts of said members, and to adopt or reject them, in whole or in part, as they may see fit. — 1856, p. 539, 0. S. 2. Session on the Sabbath Censured. a. The Committee appointed to examine the records of the Synod of North Carolina reported, when the records were approved, with the ex- ception that on page 48 it is recorded that Synod held a session on Sab- bath evening. This was the closing meeting; and though it does not seem to have been one of much business, still, in the opinion of the Assembly, it was not proper. — 1834, p. 445. b. The records of the Synod of Peoria approved, with the exception " that on page 33 there is the record of a business meeting held on Sab- bath evening."— 1846, p. 18, N. S. 3. "When a Synod has failed to Meet on its Adjournment.— The Remedy. a. As it appeared from the representations of ministers and elders assembled at Yorktown, the 20th of October, 1795, and signed Robert Davidson, that the Synod of Philadelphia did not meet according to its last adjournment, nor since the time to which it was adjourned. On mo- tion. Resolved, That the moderator of the Synod of Philadelphia, the Rev. Dr. Robert Davidson, ought to be considered as competent to call a meet- ing of the same, and that he do accordingly call a meeting, to be held in tJie Third Presbyterian Church in the city of Phdadelphia, on the fourth 190 FORM OF GOYERXMENT. "Wednesday of October next; and that he give due notice thereof by a circuhir letter to the moderators of the several Presbyteries composing the said Synod, whose duty it shall be to acquaint the other members. Resolved, as the opinion of the Assembly, That from the nature of the thing two or more members of any judicatory, meeting according to the adjournment, may adjourn from day to day until a sufficient number attend for the transacting of business, and in case a quorum should not attend within a reasonable time, that the moderator shall be considered as com- petent to fix any time and place he may judge proper for convening the body; and if he be absent, that the members assembled shall represent the matter speedily to him, that he may act accordingly." — 17i)6, p. 113. h. A request from the moderator of the Synod of Upper ^Missouri, that as the Synod failed to meet last fall, according to adjournment, in Kansas City, owing to the distracted state of the country, the Assembly would enjoin upon said Synod to meet in Liberty Church, Clay county, Missouri, on the 1st day of October next, at 7 o'clock p. m. The Committee recommend that the request be granted, and the Synod be and hereby is directed to meet accordingly. — 18G2, p. 596. " Time changed to Oct. 8, and report adopted." — p. 610, O. S. [At the same meeting a similar request from the Synod of Baltimore was answered in the same manner.] — p. 596, O. S. Also Synod of Missouri, N. S.— 1862, p. 14. On petition of the Presbytery of Albany, the Assembly changed the time of the meeting of the Synod of Albany on account of the meeting of the Evangelical Alliance. — 1873, p. 525. 4, Meetings pro re nata Constitutional. a. The Committee of Overtures also reported Overture Ko. 13. This overture was taken up, and is as follows, viz.; "An answer is requested to the following question, viz.. Has the moderator of a Synod a right to call a meeting of the Synod during the interval of its stated sessions?" Resolved bv the Assembly, That this c^uestion be answered in the af- firmative.—1829, p. 268. h. The Assembly took up the protest and complaint of a minority of the Synod of Virginia against a decision of said Synod in favor of called meetings of Synod. The complainants and Synod were heard, after which it was resolved that the complaint be not sustained. — 1832, p. 368. c. The Committee on the Records of the Synod of Tennessee reported that after a careful examination of those records they find them correct ; and the attention of the Committee having been called to the report of a committee of the Synod of Tennessee relating to the constitutionality of a called meeting of said Synod, convened in accordance Avith a declaratory resolution of the General Assembly of the Presbyterian Church in 1796, and found on page 321 of the Digest published in 1820, after a careful examination of the whole subject, they recommend the following action in the case: That in the judgment of this General Assembly the meeting of the Synod of Tennessee at Knoxville, in said State, on the ninth day of November, was in accordance with the constitution of the Presbyterian Church, and the Assembly do so declare. The report was adopted. — 1855, p. 16, N. S. 5. The Moderator must Specify the Object of the Meethig-. The records of the Synod of Kentucky were approved, except the record of a meeting of Synod, which was convened pursuant to call of the modera- OF THE SYNOD. 191 tor without a specification of the object for which they were convened. — 1823, p. 74. 6. Moderator may not Change the Time of Meeting. a. licsolred. That the records of the Synod of North Carolina be ap- proved, with the exception of the postponement of the reguhir meeting of Svnod by the moderator, which this Assembly consider irregular. — 1848, p! 36, O. S. b. Eecords of the Synod of Illinois approved, except in the case of the action of that body, as recorded on page 415, sustaining the act of the moderator of the Synod in changing the time of its annual meeting. — 1854, p. 500, N. S. 7. A Superior Court may make the Change. A request from the Presbytery of Missouri that the Assembly will change the place of the next stated meeting of the Synod of Missouri. The Committee recommended that the request be granted, and that the next stated meeting of the Synod of Missouri be held at Boonville instead of Jetierson City, to which place it now stands adjourned, which was adopted.— 1842, p. 16, O. S. [On the same page is a similar action changing the stated meeting of the Synod of North Carolina.] III. The same rule as to corresponding members, which was laid dowai with respect to the Presbytery, shall apply to the Synod. [See ante, chap, x., sec. xii., Form of Government.] IV. The Synod has power to receive and issue all appeals regu- larly broiiglit up from the Presbyteries ; to decide on all references made to them ; to review the records of Presbyteries, and ap]irove or censure them ; to redress whatever has been done by Presbyteries con- trary to order ; to take effectual care that Presbyteries observe the constitution of the Church ; to erect new Presbyteries, and unite or divide those which were before erected; generally to take such order with respect to the Presbyteries, sessions and people under their care, as may be in conformity with the word of God and the established rules, and which tend to promote the edification of the Church; and, finally, to propose to the General Assembly, for their adoption, such measures as may be of common advantage to the whole Church. 1. The Synod has Appellate, but not Original, Jurisdiction. a. The Assembly having maturely considered the appeal of Mr. Davis from the proceedings of the Synod of the Carolinas in his case, Resolved, That although they highly approve of the zeal of the Synod to preserve the purity and peace of the Church within their bounds, yet they cannot but decide that in their proceedings in the above case, in de- ciding that they had a right to try Mr. Davis, when there was no reference nor appeal in his case before them, they have not strictly adhered to the constitution of the Presbyterian Church. — 1810, p. 448. 192 FORM OF GOVERNMENT. b. This Decision Reaffirmed. The Committee appointed to report on the petition of the Presbytery of South Carolina relative to a reconsideration of a decision of last Assem- bly reported, and recommended the reconsideration. Their report wa3 rejected and the Committee discharged. Whereupon, Resolved, That though the General Assembly regret the dissatisfaction of the Presbytery of South Carolina in the case of Mr. Davis, yet they cannot see it to be expedient or proper to reconsider the judgment of the General Assembly of last year on the case in question. — 1811, p. 468. c. That the Synod (of Genesee) seem to have forgotten the nature and limits of their appellate, as distinguished from the original, jurisdiction in the case, in that they censure at their bar the appellant in a v;ay compe- tent in any circumstances only to the session of the church to which the appellant was primarily amenable. — 1840, p. 11, N. S. 2. The Synod may not institute Judicial Process. The proceedings of the Synod of Cincinnati, in the institution and pros- ecution of judicial process against William Graham, are unconstitutional and irregular, and therefore null and void ; and the Synod is hereby en- joined to take constitutional action in the case, and to revise and cor- rect its proceedings accordingly. — 1846, p. 31, N. S. 3. A Synod Censured for Entertaining an Appeal irregularly brought. The records of the Synod of Utica excepted to. 1 and 2. See under Discipline, chap, vii., sec. iii., sub. sec. v., 3 h. — 1840, p. 12, N. S. 4. The Synod may Reverse and Correct the Action of Presbytery, but must Observe the Rules of Discipline. The Assembly having heard the complaint of the Presbytery of Carlisle against the Synod of Philadelphia, in the case of William S. M'Dowell, with the facts and arguments oti'ered both by the Presbytery and the Syn- od, judge that the Synod had a constitutional right to reverse the decis- ion of the Presbytery in this case, either in whole or in part, as to thera might seem proper, but that in the exercise of this right the Synod have not duly regarded the principles of discipline prescribed in the constitu- tion ; inasmuch as it appears by their records that they have removed all censure from a man whom they declare to be deserving of rebuke, with- out directing that rebuke to be administered, and without receiving any evidence of his penitence. — 1823, p. 81. 5. The Synod has Jurisdiction over the Members of an Extinct Presbytery not received by any other Presbytery. — 1825, p. 147. See above, chap x., sec. viii., 17. 6. A Synod visits a Church to Ascertain the Acceptability of its Elders. Resolved, That the Assembly expresses no opinion upon the action of the Synod (of New Jersey) in appointing a committee to visit the Third Church, Newark, in order to ascertain if any member of the session were unaccept- able to the people. — 1862, p. 631, 6. S. OF THE SYNOD. 193 The next year the complaint of William B. Guild against the action of Synod was sustained p-o/orwia. — 1863, p. 35, 0. S. A Synod directs a Presbytery to dissolve the pastoral relation, and on complaint to the Assembly is sustained. See above, chap, x., sec. viii., etc., appeal of Jos. Connell vs. Synod of Pittsburg.— 1868, p. 648, O. S. V. The Synod shall convene at least once in each year; at the opening of which a sermon shall be delivered by the moderator, or, in case of his absence, by some other member ; and every particular session shall be opened and closed with prayer. 1. The above Rule construed Literally, and must be Obeyed. a. The records of the Synod of Pittsburg approved, except_ " that at the opening of the Synod no sermon was delivered, as the Constitution re- quires, but on the following evening." — 1827, p. 205. b. The records of the Synod of Albany approved, except that " the Synod was opened without a sermon, whereas the Form of Government, chap, xi., sec. v., requires that a sermon shall be preached." — 1843, p. 181, O. S. c. Records of Synod of Buffalo, except, od. That it appears by the record on page 75 that a meeting of the Synod was opened without a sermon, Avhereas the Form of Government, chap, xi., sec. v., requires that a sermon shall be preached. And again, on page 79, that at the opening of the Synod no sermon was delivered, as the Constitution requires, but on the following evening. —1856, p. 520. 0. S. 2. The Records should State that the Meetings were Opened and Closed with Prayer. a. The records of the Synod of Pennsylvania approved, except that " there is no evidence from the records that the last meeting of the Synod was opened with prayer."— 1850, p. 314, N. S. ; 1859, p. 531, O. S. b. The records of the Synod of Tennessee were approved, with the fol- lowing exceptions : 1. On p. 84 it appears from the record that the Synod adjourned at the close of the day without prayer. 2. On p. 36 it is recorded that the Synod was constituted with prayer, it being the second day of the sessions of the Synod. — 1854, p. 500, N. S. c. The records of the Synod of Kentucky approved, except that " there is no record of prayer in p. 176." — 1854, p. 501, N. S. d. Records of Synod of Minnesota approved, except " that on p. 54, in the record of the session of Friday, Sept. 30, 1859, no mention is made of the opening services." — 1860, p. 239, N". S. e. The opening minute of each session of the Synod of Cincinnati is defective, in not recording the meeting of the Synod before its being opened with prayer. — 1849, p. 177, N. S. /. Records of Synod of Cincinnati approved, except " that on p. 5 the Synod adjourned without prayer." — 1865, p. 553, O. S. g. Synod of Geneva, except "that it does not appear from the record that they finally closed their sessions with prayer." — 3830, p. 288. h. It does not appear from the records that the Synod of Ncn-th Caro- lina closed its final session with the usual exercises of singing, prayer and the apostolical benediction. — 1852, p. 216, O. S. 25 194 FORM OF GOVERNMENT. i. The Committee on the Records of the Synod of Sandusky reported, That they had examined the same, and recommend their approval, witli the following exception : On page 49, on motion to approve records of Presbytery of ^lichigan, the following exception was made by members of Synod : "With tlie ex- ception to so much of the record as excepts to the sessional records of the Westminster Church, Detroit, and the church in Pontiac, for the failure to close meetings with prayer. "While the Synod regards it as eminently proper to open and close the meetings of session with prayer, yet, as the matter is left by the Forui of Government at the discretion of the session ; and as such meetings are sometimes held under circumstances which render the formal opening and closing with prayer inconvenient, the exercise of the discretion of the ses- sion is not properly a matter of censure by Presbytery." The exception was lost. It is the opinion of your Committee that Synod erred in declining to sus- tain this exception, it being in harmony with the Form of Government of our Church.— 1803, p. 48, 0. S. ' j. The Synod of Columbus, "except that on several occasions, if the sessions of this Synod were opened with prayer, there is no record of the fact."— 1872, p. (38. VI. It shall be the duty of the Synod to keep full and fair records of its proceedings, to submit them annually to the inspection of the General Assembly, and to report to the Assembly the number of its Presbyteries, and of the members and alterations of the Presbyteries. 1. The Records must be Full and Fair.— Reasons for Decisions must be Recorded. a. Synod of Pittsburg, except resolution on ])age 74, disapproving of the proceedings of a Presbytery, without assigning tlie reasons. — 182U, p. 728. b. Synod of Ohio, except a minute on page 243, disapproving of a de- cision of a Presbytery, and ordering said Presbytery to reconsider that de- cision, without any reasons being assigned. — 1827, p. 202. c. Absentees must be Recorded; Judicicd Cases must be Stated. The records of the Synod of Philadelphia were approved, with the fol- lowing exce])tions, viz. : 1st. That there is no record of absentees from the meeting. 2d. That it appears, from page 282, that an appeal and complaint was issued in the usual form, without any intimation of what the sentence or proceeding was against which the complaint was made. 3d. That it appears, from page 273, that another complaint Avas is>ucd, ■without any record of the ])roceeding complained of or the body whose pro- ceeding was the subject of complaint. — 1852, p. 21(i, O. S. d. BesoJidion must be Recorded; Nature and Reasons for Dcci.sloji. The records of the Synod of Ohio were approved, with the exceptions, 1st. That on page 77 it is stated that after discussion certain resolutions were adopted, as follows. None of these resolutions appear on record, and their character is not described. 2d. In a judicial case, on its issue, the final record, containing the sentence of the court, is defective, inasmuch OF THE SYNOD. 195 as its statement gives no clue to the merits or significance of the decision, or reasons for it. — 1861, p. 315, O. S. e. Overture Answered must be Described. The Committee on the records of the Synod of Pittsburg presented the following report, which was adopted : The Committee on the records of the Synod of Pittsburg report, recom- mending their approval, with exception of a minute, page 152 of the records, where an overture from the United Presbyterian Synod of Pitts- burg appears to have been answered without any description being given of it.— 1865, p. 541, O. S. /. Papers must be Preserved, Pages numbered. The Committee on the records of the Synod of Wisconsin presented the following report, which was adopted : The Committee on the records of the Synod of Wisconsin report, recom- mending their approval as far as written, with these exceptions: 1st. The pages are not numbered. 2d. There seems to have been a want of proper care in the preservation of papers, as the Committee on the Minutes of the General Assembly made a verbal report which was accepted, but the report is wanting. This thing the Synod itself condemns in the case of the Presbytery of Dane. — 1865, p. 541, O. S. ff. Judicial Cases must be Described. Synod of Cincinnati. On pp. 6 and 13 a complaint was received, re- ferred and decided, without any statement in regard to the character of said complaint. — 1865, p. 553, O. S. h. Beasons must be Recorded. The Committee on the Synod of Onondaga reported, recommending that they be approved as far as written, with the following exception: On page 186 we find the Synod administering censure to the Presby- tery of Cayuga for an act of discipline toward one of its churches, on the ground that tlie reasons for such discipline were not given according to the requirements of our Book of Discipline ; yet on the next page we find said Synod reaffirming the acts of a church censured by its Presbytery, and reversing the decision of the Presbytery without giving the required reasons for such a singular proceeding. The report was adopted.— 1863, p. 277, N. S. i. The Synod (of Illinois) have not discharged their duty. They ought to have spread upon their record everything which influenced their judg- ment in the case. — 1840, p. 303, O. S. j. The Committee on the Records of the Synod of Cincinnati I'eported as follows : 1. That they have examined the records, and move they be approved as far as written, with the following exceptions, that on page 36 the min- ute is defective in that a complaint was received, referred and decided, without any statement with regard to the subject matter of said complaint. 2. This defect in the record disables this x\sseml)ly from deciding as to the validity of the recorded reasons given for the decision of the Svnod in the case on page 87. 3. This defect in the minutes is the more to be excepted against, inas- much as it records the implied censure of the complainant, while the As- 196 FOUM OF GOVERNMENT. sembly is deprived of the opportunity to pass upon the case. — 1866, p. 50, O. S. See also Book of Discipline, chap, vii., sec. i., sub. sec. iii. 2. The Records Should be Fair. a. The records of the Synod of Northern Indiana were approved, Avith the exception of the mode of recording the minute of a joint session of the two Synods of Indiana and Northern Indiana, which, instead of being written, is cut from a newspaper and pasted in the book. — 1868, p. 64U, 0. S. h. Sundry Omissions and Irregularities Censured. The records of the Synod of Wisconsin were approved, with the follow- ing exceptions, viz.: 1. The records are marked by several verbal omissions and the neglect of orthography and punctuation, and the absentees of 1852-1853 are not recorded. 2. During the sessions of 1852 there is no evidence that the Synod read, corrected or approved the records, though on page 16 it appears that the records of that year were read twelve months after in Synod, though still there is no evidence that they were approved by it. The minutes of 1853 do not appear to have been ever read or approved in Synod. And the records of 1854 were not read and approved till the meeting of 1855. 3. On page 23 it appears that the Synod, October 13, 1853, adjourned to meet at Neenah the second Thursday of October, 1854. A quorum having failed to meet at that time, the members present adjourned to a different time and place (Madison, October 26), and there is no evidence that any steps were taken to cause their modei'ator to notify all the minis- ters and church sessions of the new meeting. This is contrary to the spirit of the precedents approved by the Assembly (see minutes 1796, p. 113; Baird, p. 212), and transcends the liberty allowed for such cases by the third general rule for judicatories. 4. On pages 23, 27 and 32 are recorded adjournments without any evi- dence that the sessions were closed with prayer. 5. On pages 35, 36, the report of a Committee of Review on the Records of the Presbytery of Dane, containing an exception against the action of the Presbytery for appointing Rev. J. W. Sterling its lay commissioner to the General Assembly, is entered on the records of Synod without any record of its adoption by Synod ; and again it is stated that this report was amended by striking out the exception, and there is still no evidence of its adoption as amended. Also, on pages 39, 40, the report of a com- mittee touching the complaints of J. Y. Smith is made a part of the rec- ords of Synod, though, so far as these records show, it was only accepted and laid on the table. 6. The records of the Synod's action on the complaints of said J. Y. Smith against the Presbytery of Dane are not complete enough to fulfill the demands of the Book of Discipline, chap, iv., sec. xxiii., which says that the record ought to " exhibit everything which had an influence on the judgment of the court." No exception is proposed against the action of Synod touching those complaints, inasmuch as they have been brought before this Assembly through another channel (the Judicial Committee) and passed upon. — 1856, p. 520, O. S. 3. The Records must be Presented Annually. a. Ordered, That the minutes of the respective Synods be laid yearly before the General Asseml)ly, to be by them revised. — 1789, p. 7. OF THE SYNOD. 197 h. Overture No. 6 was taken up, viz., a request of the Synod of Indiana, that the General Assembly be requested to dispense with synodical reports in future. Resolved, That this request cannot be granted because it is unconstitu- tional.—1830, p. 302. c. Resolved, That the respective Synods make yearly reports to the Gen- eral iVssembly of all the licensures, ordinations and installments, transla- tions and deaths, and whatever changes may take place among the mem- bers within their bounds. — 1789, p. 7. d. The Committee on Overture No. 7, viz., "a request from the Synod of Ohio to change the form of statistical reports from the Synods to the Gen- eral Assembly," made the following I'eport, which was adopted, viz. : That inasmuch as the General Assembly has required all the Presbyteries to send up their statistical reports immediately after the last stated meet- ing prior to the next succeeding Assembly, and as these reports anticipate the information communicated in the synodical reports about a year ; therefore. Resolved, That each Synod shall not be required to report in detail, but simply to report to the Assembly, the number of its Presbyteries, and of the members and alterations of the Presbyteries, agreeably to the sixth section of chapter eleventh on Form of Government. — 1832, p. 371. e. The Committee on the Records of the Synod of Wisconsin reported that they have been subjected to an increased amount of labor in examin- ing the minutes of this Synod in consequence of the failure of the stated clerk to send up the records annually to the Assembly, as our rules re- quire. The minutes of this body have not been brought under the in- spection of the Assembly since May, 1860, leaving an accumulation of four years of unexamined and unapproved records. There are indications that the stated clerk has been delinquent in punctually recording the annual minutes as taken by the temporary clerk. In this way the records were probably not in readiness to be sent to the Assembly at the proper time by the commissioners annually ap- pointed. With these exceptions, the Committee recommended that the records be approved as far as written, in the usual form. The report was adopted.— 18(U, p. 482, N. S. [See 1856, p. 519, O. S.] /. Records of the Synod of Wabash approved, except tliat they have not been presented to the Assembly since 1859. — 1861, p. 462. N. S. ff. Records of Synod of Columbus, except that these records have not been presented to the Assembly since the reconstruction of the Synod in 1870.-1872, p. 68. h. Resolved, That the stated clerk be directed to remind the Synod of Alta California of its neglect of duty in the failure for several years to send its records to the General Assembly for review. — 1868, p. 15, N. S. i. The Synods of Atlantic, China, Harrisburg, Illinois South, Indiana North, Kansas and Pacific were directed, at their next regular meeting, to call their stated clerks to account for not having sent up their records to this Assembly. — 1872, p. 68. 4. The Records must Sho-w all Changes in the Presbyteries. "The records of the Synod of Albany approved as orderly and correct, excepting that the Presbyterial reports are not so fully recorded as to ex- hibit in detail even the changes which take place from time to time in the Presbyteries."— 1811, p. 479. 198 FORM OF GOVERNMENT. 5. The Record should. State the Body to -which a Corresponding Member belongs. a. The proceedings of the Synod of Albany approved, with the ex- ception of having invited several ministers to take their seats as corre- sponding members, without describing the ecclesiastical body to which such ministers belong. — 1815, p. 578. b The records of the Synod of Illinois approved, " except the Rev. Messrs. James H. Dickey, Dewey, Whitney and W. Comstock, ministers of the Church of Jesus Christ, being present, were invited to sit as corre- sponding members," the bodies to which the ministers respectively belong not being mentioned. — 1840, p. 296, O. S. c. The records of the Synod of Peoria were approved, with the ex- ception that on page 28 mention is made of a minister being invited to sit as a corresponding member without designating the ecclesiastical body to which he belonged. — 1846, p. 18, N. S. d. The records of the Synod of Illinois, p. 440, " do not state the eccle- siastical connection of the Rev. Amasa Lord, who was invited to sit as a corresponding member." — 1857, p. 387, N. S. 6. The Minutes should be Read and Approved. a. The records of the Synod of Cincinnati approved, except "the omission at the opening of each session to read the minutes of the previ- ous session, with no evidence in the records that the minutes were ap- proved by Synod.''— 1849, p. 177, N. S. b. Synod of Wabash, except " that on pp. 51 and 52 the Synod met and proceeded to business without reading the minutes of the previous day's session. On page 59 the Synod closed its annual sessions and adjourned Avithout reading or approving the minutes of the clerk." — 1854, p. 500, N. S. c. The records of the Synod of Wisconsin, except that " during the sessions of 1852 there is no evidence that the Synod read, corrected or approved the records; though on p. 16 it appears that the records of that year were read twelve months after, in Synod, though still there is no evi- dence that they were approved by it. The minutes of 1853 do not appear to have been ever read or approved in Synod. And the records of 1854 Avei-c not read and approved till the meeting of 1855." — 1856, p. 520, O. S. d. The records of the Synod of Pennsylvania were approved, excepting "that it does not appear from the book that the records have ever been approved by the Synod."— 1857, p. 387, N. S. e. Synod of Arkansas, " the minutes were not read and approved." — 1860, p. 34, O. S. 7. The Minutes should be Attested by the Stated Clerk. a. The records of the Svnod of Tennessee are not attested bv the stated clerk.— 1854, p. 500, N. S. b. The records of the Synod of Kentucky not approved by the Synod, and some not attested by the stated clerk. — 1854, p. 501, N. S. c. Synod of Wabash, "not signed by the stated clerk, as our Church order requires."— 1862, p. 28, N. S. 8. Absentees must be called to AnsAver. a. The Committee appointed to examine the records of the Synod of Vir- ginia reported, and the book was approved to page 83, with the exception OF THE SYNOD. 199 of a resolution found in page 82, in which the Synod determined to dis- continue the practice of calling upon their mtmbers for the reasons of their absence from its meetings. — 1825, p. 140. b. Synod of New York, except " that reasons for tardiness do not ap- pear to have been required of those who were not present at the opening of Synod."— 1873, p. 506. 9. Names of Absentees should be Recorded. The records of the Synod of Peoria were approved, except "that in the roll of the Synod record is made that no members of the Presbytery of Belvidere were present, but no record of the names of absentees." — 1850, p. 314, N. S. a. The records of the Synod of Mississippi approved, except " that the absentees are not recorded in their meetings of 1854 and 1855," — 1856, p. 538, O. S. h. The records of the Synod of Philadelphia approved, except "that there is no record of absentees from the meeting." — 1852, p. 216, O. S. c. "The records of the Synod of Philadelphia were approved, Avith the exception that no record is made of the names of absentees, and no ex- cuse for absence required." — 1868, p. 640, O. S. 10. Synod may not Discipline Absentees. "The records of the Synod of the Carolinas were approved, with the exception of the resolution to make a minister liable to suspension, without trial, for three years' absence from Synod, without sending forward his reason for absence." — 1811, p. 468. 11. A Narrative of the State of Religion should be Prepared and Recorded. a. The records of the Synod of Illinois were, on the recommendation of the Committee, approved, with the following exception, viz. : At the sessions of Synod in October, 1846, it does not appear from the records that a narrative of the state of religion was prepared. Such an omission is considered contrary to the general usage of Synods, and not for the edification of the Church. — 1849, p. 176, N. S. b. The records of the Synod of Illinois were approved, except "that they do not contain the narrative on the state of religion which was presented bv the Committee on that subject at the sessions of the Synod in 1854, p. 434."— 1857, p. 387, N. S.; 1861, p. 462, N. S. ; 1862, p.^28, K S. e. Resolved, That the Assembly earnestly recommend to the Presbyteries and Synod to record in their minutes the narrative of religion, and all other important papers. — 1870, p. 91. SYNODICAL KEPORTS. A Statisfieal Report is to be forwarded to the Assembly by the stated clerk of every Synod, in which are to be stated the number of Presbyteries, ministei'S, churches, licentiate^ and candidates within their bounds, and how distributed, the changes which m;iy have been made in the number or arrangement of their Presbyteries, the names of the stated clerks of the Presbyteries, the place and hour of the next annual meeting, and the name of the moderator and stated clerk of the Synod. Such a report is necessary in order to the correctness of the tabular report of the Synods printed in the appendix to the minutes. 200 FOEM OF GOVEENMEVr. CHAPTER XII. OF THE GENERAL ASSEMBLY* I. The General Assembly is the highest judicatoiy of the Presbv- terian Church. It shall represent, in one body, all the particular churches of this denomination ; and shall bear the title of The Gex- EEAL Assembly of the Peesbyteeian Chuech ix the United States of Ameeica. * Tiie radical principles of Presbyterian church government and discipline are: That the several different congregations of believers, taken collectively, constitute one Church of Christ, called erni)hatically the Church ; that a larger part of the Church, or a representation of it, should govern a smaller, or determine matters of contro- versy which arise therein ; that, in like manner, a representation of the whole should govern and determine in regard to every part and to all the parts united — that is, that a majority shall govern, and consequently that appeals may be carried from lower to higher judicatories, till they be finally decided by the collected wisdom and united voiceof the whole Church. For these principles and this procedure, the example of the apostles and the practice of tlie primitive Church are considered as authority. See Acts XV. to the 29th verse, and the proofs adduced under tlie last three chapters. 1. Formation of the General Assembly. a. The Synod, considering the number and extent of the churches under their care, and the inconvenience of the present mode of government by one Synod, Resolved, That this Synod will establish out of its own bddy three or more subordinate Synods, out of which shall be composed a General As- sembly, Synod or Council, agreeably to a system hereafter to be adopted. —1786, p. 517. h. Bemlved unanimously, That this Synod be divided, and it is hereby divided, into four Synods, agreeably to an Act nuide and provided for that purpose in the sessions of Synod in the year one thousand seven hun- dred and eighty-six ; and that this division shall commence on the dis- solution of the present Synod. Resolved, That the first meeting of the General Assembly, to be consti- tuted out of the above said four Synods, be held, and it is liereby appoint- ed to be held, on the third Thursday of IVIay, one thousand seven hun- dred and eighty-nine, in the Second Presbyterian Church in the city of Pliiladeljihia, at eleven o'clock a. m. ; and that Dr. Withcrspoon, or, in his absence. Dr. Rogers, open the General Assembly with a sermon, and pre- side till a moderator be chosen. — 1788, p. 548. 2. Organization of the Assembly. [Usage has fixed the third Thursday of May, at 11 A. M., as the time for the annual meeting of the Assembly. The last moderator present preaches the sermon, and then opens the session with prayer, and presides during the organization of the Assembly. The Committee on Commissions report; irregular conunissions are referred to a special Committee, who re- port, and the roll is completed. A moderator and temporary clerks are chosen, an.l the Assembly is ready for business.] OF THE GENERAL ASSEMBLY. 201 '^ Last Moderator present," Not necessarily in Commission. Pittsburg, May 21, 1835. The General Assembly of the Presbyterian Church met in the First Presbyterian Church in this city, and the Rev. Dr. Lindsley, the moder- ator of the last Assembly, being absent, was opened with a sermon by the Rev. Samuel Miller, D. D., at the i-equest of the Rev. Dr. William A. McDowell, the last moderator present, with a sermon on 2 Coinnthiaus iv. 7 : " But we have this treasure in earthen vessels, that the excellency of the power may be of God and not of us." After the sermon the stated clerk called the house to order and informed them, that the Rev. Dr. Lindsley, the moderator of the last Assembly, being absent, the duties of the chair devolved upon the last moderator wlio is present, and has a commission to sit in this Assembly, and therefore he moved that the Rev. Nathan S. S. Beman, D. D., be called to the chair. This motion pre- vailed, and Dr. Beman took the chair, and constituted the Assembly with prayer. — 1835, p. 461. Thursday afternoon, 3 o'clock. The Assembly met. A motion was made to reconsider the vote by which Dr. Beman was called to the chair, on the ground that many persons voted in the appre- hension that Dr. Wm. A. McDowell, the moderator immediately preceding Dr. Lindsley, was not in the house, and that many others believed the rule of the house required the constituting moderator to be in commission, Avhich Dr. McDowell was not. This motion, after considerable discussion, was adopted unanimously. After some further remarks, it was agreed that the original motion of the stated clerk should be again submitted to the house, and the vote be taken by him. Whereupon Dr. Ely put the question : " All who are in favor of sustaining the resolution passed in the morning, by which Dr. Beman was called to the chair, will signify it by saying Aye." This motion was lost. It was then moved that the Rev. Wm. A. McDowell, D. D., being the last moderator present, be requested to take the chair. This motion pre- vailed, and Dr. McDowell took the chair accordingly. — 1835, p. 4/56. Who shall open the Assembly, the Moderator being absent? — A Commissioner. Whereas, there exists a difference of opinion as to the proper person to open the sessions of the General Assembly, in case the moderator of the Assembly immediately preceding be not present ; therefore. Resolved, That it is the deliberate judgment of this General Assem- bly, that by the Constitution of our Church no person is authorized to open the sessions of the General Assembly, or to preside at the opening of said sessions, except the moderator of the Assembly immediately pre- ceding, or, in case of his absence, a commissioner to the Assembly, selected for the purpose by the other commissioners, met at the time and place fixed for said meeting. — 1843, p. 194, 0. S. The Rule as Adojjted in 1871. If a quorum be assembled at the hour appointed, and the moderator be absent, the last moderator present, or, if there be none, the senior mem- ber present, shall be requested to take his place without delay until a new election. (Rule ii.) — 1871, p. 491. 26 202 FORM OF GOVERNMEXT. 3. Rules of Org-anization. — Corrunittee on Commissions. Resolved, That the permaneut and stated clerks be and they hereby are appointed a standing Committee of Commissions ; and that the commission- ers to future Assemblies hand their Commissions to said committee, in the room in Avhich the Assembly shall hold its sessions, on the morning of the day on which the Assembly opens, previous to 11 o'clock; and further, that all commissions Avhich may be presented during the sessions of the Assembly, instead of being read in the house, shall be examined by said Committee, and reported to the Assembly. — 1829, p. 269. I. That the Committee of Commissions shall, in the afternoon, report the names of all whose commissions shall appear to be regular and constitu- tional, and the persons whose names shall thus be reported shall immedi- ately take their seats and proceed to business. a. II. The first act of the Assembly, when thus ready for business, shall be the appointment of a Committee of Elections, whose duty it shall be to examine all informal and unconstitutional commissions, and report ou the same as soon as practicable. — 1826, p. 191. stj^nding- order. The credentials of commissioners and delegates are to be presented at a previous hour of the same day, or of the preceding day, according to public notice, to the stated and permaneut clerks, acting as a standing Committee ou Commissions. h. The Committee on Commissions reported that several persons had appeared as commissioners whose commissions were either entirely wanting or defective. Whereupon a Committee on Elections, consisting of the Rev. George C. Heckman, D. D., the Kev. Samuel M. Morton and ]\[r. David Eobiuson, was appointed, to whom these cases were referred. — 1870, p. 3. [Subsequently] on recommendation of the Committee on Commissions and the Committee on Elections, the following persons were recognized as duly appointed commissioners of this General Assembly, and their names entered on the roll of the Assembly. — 1870, p. 4. c. The Rev. Daniel W. Poor, D. D., and Rev. David X. Junkin, D. D., ministers, and Hon. James Pollock and Benjamin F. Butler, elders, Avere appointed a Committee on Elections, who presently reported, recommend- ing the enrollment of a number of ministers and elders, present without commissions, or with informal commissions, but with evidence satisfactory of appointment by their respective Presbyteries; and their report was adopted.— 1871, p. 490. [For usages as to defective commissions, see under Form of Govern- ment, chap, xxii., sec. ii.] 4. Of the Mode of Choosing the Moderator of the Assembly. On motion agreed that it be the standing rule of the General Assem- bly, in choosing a moderator, that any commissioner may nominate a candidate for the chair. The candidates so pointed out shall then sever- ally give their votes for some one of their number, and withdraw ; when the remaining commissioners shall proceed, viva voce, to choose by a plu- rality of votes one of said candidates for moderator. — 1791, p. 39. In the Assembly of 1846, O. S., it was Resolved, That a majority of all the votes given for moderator be necessary for a choice. — p. 189. OF THE GENERAL ASSEMBLY. 203 A like resolution was passed by nearly every Assembly from 1851 to 1869. 5. Of the Manner of Installing the Moderator. The Committee appointed to examine the rules of the house, and to add to them, if they should judge it necessary, a rule dii'ecting the method in which a moderator, after his election, shall be introduced to his office, made their report, which was agreed to, and is as follows : Your Committee report that when a new moderator hath been elected, before he take the chair, the former moderator shall address him and the house, in the following or like manner, viz. : Sir : It is my duty to inform you, and announce to this house, that you are duly elected to the office of moderator in this General Assembly. For 3'our direction in office, and for the direction of this Assembly in all your deliberations, before I leave this seat, I am to read to you and this house the rules contained in the records of this Assembly, which I doubt not will be carefully observed by both, in conducting the business that may come before you. [Here the moderator is to read the rules,* and afterward add :] Now, having read these rules, according to order, for your instruction as moderator, and for the direction of all the members in the management of business, praying that almighty God may direct and bless all the de- liberations of this Assembly for the glory of his name, and for the edifica- tion and comfort of the Presbyterian Church in the United States, I resign my place and office as Moderator. — 1791, p. 34 ; 1822, pp. 43, 44. Rules Relating to the Moderator. 1. The moderator shall take the chair precisely at the hour to which the judicatory stands adjourned, shall immediately call the members to order, and on the appearance of a quorum shall open the session with prayer. 4. It shall be the duty of the moderator, at all times, to preserve order, and to endeavor to conduct all business before the judicatory to a speedy and proper result. 5. It shall be the duty of the moderator carefully to keep notes of the several articles of business which may be assigned to particular days, and to call them up at the time appointed. 6. The moderator may speak to points of order, in preference to other members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the judicatory by any two members. 7. The moderator shall appoint all committees, except in those cases in which the judicatory shall decide otherwise. 8. When a vote is taken by ballot in any judicatory, the moderator shall vote with the other members ; but he shall not vote in any other case, un- less the judicatory be equally divided; when, if he does not choose to vote, the question shall be lost. 6. Communications addressed to the Moderator. Resolved, That every letter or communication addressed to the modera- tor be opened and read by him, and at his discretion be either communi- cated immediately to the Assembly for their decision, or to the Committee of Overtures, to be by them brought before the house in the ordinary chan- nel.—1794, p. 79. * Instead of readhig the rules, it has become usage to put the book containing them formally in tlie hands of the new moderator, and to make the necessary change in the formula above. See page 205 for the rules in full. For convenience such as concern the moderator in the discharge of his duty are given here. 204 FORM OF GOVERlSnVIEXT. 7. TTie Moderator may not have a double Vote. On the question being taken, the moderator claimed a right to a vote as a commissioner from the Presbytery of Albany, distinct from the casting vote. He left it to the house to decide on the claim. The house, having taken a vote on the subject, decided by a great majority against the mod- erator's claim. — 1798, p. 140. 8. The Moderator, when a Member of a Court appealed from or a Party in the Case, "will not Preside. a. The moderator, being a member of the Synod of Philadelphia (ap- pealed from), withdrew, and Dr! M'Knight took the chair. — 1792, p. 56. b. Appeal of Pope Bushnell. The moderator, being a member of the Synod appealed from, Mr. Jennings, the last moderator present, took the chair.— 1826, p. 184. e. Judicial Case No. 1 was taken up. The moderator, being a party in the case, vacated the chair, and on motion. Dr. Krebs was requested to act as moderator during the trial of the case. — 1866, p. 48, O. S. 9. Rules of Order for the General Assembly. The General Rules for Judicatories, as adopted by the Assembly, have appended the following note as defining their authority, viz. : The following rules, not having been submitted to the Presbyteries, make no part of the constitution of the Presbyterian Church. Yet the General Assembly of 1821, considering uniformity in proceedings in all the subordinate judicatories as greatly conducive to order and despatch of business, and having revised and approved these rules, recommend them to the Synods, Presbyteries and sessions as a system of regulations which, if they think proper, may be advantageously adopted by them. The rules, as modified and adopted by the Assembly for its guidance in 1822, pp. 42-45, may be found in full in New Digest, pp. 168-171. Some alteration was made chiefly with regard to the previous question — e. g., 1835, p. 473, 1851, p. 27, N. S. The rules as in use in the N. S. Assembly may be found in New Digest, pp. 602-605, the O. S. in Baird's Digest, 866-870. On the reunion the Assembly resolved to adopt the general rules for ju- dicatories contained in the appendix to the constitution as the rules of this Assembly, except that the 13th, 14th, 17th and 18th rules shall be as follows, viz. : 13. Motions to lay on the table, to take up business, to adjourn, and the call for the previous question, shall be put without debate. On questions of order, postponement, or commitment no member shall speak more than once. On all other questions, each member may speak twice, but not oftener, without express leave of the Judicatory. 14. When a question is under debate, no motion shall be received un- less to adjourn, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit or to amend ; which several motions shall have precedence in the order in which they ai*e herein arranged, and the motion for adjournment shall always be in order. 17. The previous question shall be put in this form, namely, Shall the main question be now put? It shall only be admitted when demanded by a majority of the members present; and the effect shall be to put an end to all debate and bring the body to a direct vote: First, on a motion to commit the subject under consideration (if such motion shall have been made) ; secondhj, if the OF THE GENEEAL ASSEMBLY. 206 motion for commitment does not prevail, on pending amendments ; and lastly, upon the main question. The eighteenth rule to be omitted, as superseded and unnecessary, — 1870, p. 12. A Committee — Rev. George W. Musgrave, D. D., Rev. Z. M. Hum phrey, D. D., Rev. J C. Watson, D. D., Hon. Wm. Strong, LL.D., and Hon. J. Ross Snowden — was appointed to revise the rules for judicatories, and report to the next General Assembly. — 1870, p. 13. The Committee appointed by the last General Assembly to consider and report general rules for judicatories presented a report, with general rules, as follows : The Conmiittee appointed by the last General Assembly to revise the general rules for judicatories respectfully present the following report: The Committee found, on a comparison of the rules in use in the two former branches of the Church, that they were, with very few exceptions, identical, and that very few changes were necessary. The Committee propose only four changes, each of which is indicated in the margin of the report. The proposed changes relate to the presentation of minutes, mo- tions to amend, to lay on the table, and the previous question ; and are numbered respectively 12, 20, 21 and 22. For the sake of a more convenient reference, the rules have been re- arranged, so as to bring those relating to the same or kindred subjects more nearly together. We are hap^iy to add that the Committee are unanimous in recom- mending to the Assembly the adoption of the subjoined rules, and would, respectfully suggest that, if adopted, the Board of Publication should be directed to publish them as thus arranged and modified. GENERAL EULES FOR JUDICATORIES. I. The moderator shall take the chair precisely at the hour to which the judicatory stands adjourned, and shall immediately call the members to order, and on the appearance of a quorum shall open the session with prayer. II. If a quorum be assembled at the hour appointed, and the moder- ator be absent, the last moderator present, or, if there be none, the senior member present, shall be requested to take his place without delay, until a new election. III. If a quorum be not assembled at the hour appointed, any two members shall be competent to adjourn fi'om time to time, that an oppor- tunity may be given for a quorum to assemble. IV. It shall be the duty of the moderator, at all times, to preserve or- der, and to endeavor to conduct all business before the judicatory to a speedy and proper result. V. It shall be the duty of the moderator carefully to keep notes of the several articles of business which may be assigned for particular days, and to call them up at the time appointed. VI. The moderator may speak to points of order, in preference to other members, rising from his seat for that purpose, and shall decide questions of order subject to an appeal to the judicatory by any two members, VII. The moderator shall appoint all Committees, except in those cases in which the judicatory shall decide otherwise. VIII. When a vote is taken by ballot in any judicatory, the moderator shall vote with the other members ; but he shall not vote in any other case, unless the judicatory be equally divided ; when, if he do not choose to vote, the question shall be lost. 206 FORM OF GOYEEXMENT. IX. The person first named on any Committee shall be considered as the chairman thereof, whose duty it shall be to convene the Committee ; and, in case of his absence or inability to act, the second named member shall take his place and perform his duties. X. It shall be the duty of the clerk, as soon as possible after the com- mencement of the sessions of every judicatory, to form a complete roll of the members present, and put the same into the hands of the moderator. And it shall also be the duty of the clerk, whenever any additional mem- bers take their seats, to add their names, in their proper places, to the said roll. XI. It shall be the duty of the clerk immediately to file all papers, in the order in which they have been read, with proper endorsements, and to keep them in perfect order. XII. The minutes of the last meeting of the judicatory shall be pre- sented at the commencement of its sessions, and, if requisite, read and corrected. XIII. Business left unfinished at the last sitting is ordinarily to be taken up first. XIV. A motion made must be seconded, and afterward repeated by the moderator, or read aloud, before it is debated; and every motion shall be reduced to writing, if the moderator or any member require it. XV. Any member who shall have made a motion shall have liberty to withdraw it, w^ith the consent of his second, before any debate has taken place thereon; but not afterward, without the leave of the judicatory. XVI. If a motion under debate contain several parts, any two mem- bers may have it divided, and a question taken on each part. XVII. When various motions are made with respect to the filling of blanks with particular numbers or times, the question shall always be first taken on the highest number and the longest time. XVIII. Motions to lay on the table, to take up business, to adjourn, and the call for the previous question, shall be put without debate. On questions of order, postponement or commitment, no member shall speak more than once. On all other questions, each member may speak twice, but not oftener, without express leave of the judicatory. XIX. When a question is under debate, no motion shall be received, unless to adjourn, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit or to amend, which several motions shall have precedence in the order in which they are herein arranged ; and the motion for adjournment shall be always in order. XX. An amendment, and also an amendment to an amendment, may be moved on any motion, but a motion to amend an amendment to an amend- ment, shall not be in order. Action on amendments shall precede action on the original motion. XXI. A distinction shall be observed between a motion to lay on the table for the present, and a motion to lay on the table unconditionally, viz. : A motion to lay on the table for the present shall be taken with- out debate; and if carried in the affirmative, the eftect shall be to ])]ace the subject on the docket, and it may be taken up and considered at any subsequent time. But a motion to lay on the table, unconditionally, shall be taken without debate ; and if carried in the affirmative, it shall not be in order to take up the subject during the same meeting of the judicatory, without a vote of reconsideration. XXII. The previous question shall be put in this form, namely, Shall the main question be now put? It shall only be admitted when demand- ed by a majority of the members present ; and the effect shall be to put OF THE GENERAL ASSEMBLY. 207 an enrl to all debate, and bring the body to a direct vote : First, on a motion to commit the subject under consideration (if such motion shall have been made) ; Secondly, if the motion for commitment does not pre- vail, on pending amendments ; and lastly, on the main question. XXIII. A question shall not be again called up or reconsidered at the same sessions of the judicatory at which it has been decided, unless by the consent of two thirds of the members who were present at the decision, and unless the motion to reconsider be made and seconded by persons who voted with the majority. XXIV. A subject which has been indefinitely postponed, either by the operation of the previous question or by a motion for indefinite postpone- ment, shall not be again called up during the same sessions of the judica- tory, unless by the consent of three fourths of the members who were present at the decision. XXV. Members ought not, without weighty reasons, to decline voting, as this practice might leave the decision of very interesting questions to a small proportion of the judicatory. Silent members, unless excused from voting, must be considered as acquiescing with the majority. XXVI. When the moderator has commenced taking the vote, no further debate or remark shall be admitted, unless there has evidently been a mistake, in which case the mistake shall be rectified, and the moderator shall recommence taking the vote. XXVII. The yeas and nays on any question shall not be recorded, unless required by one third of the members present. XXVIII. No member, in the course of debate, shall be allowed to in- dulge in personal reflections. XXIX. If more than one member rise to speak at the same time, the member who is most distant from the moderator's chair shall speak first. XXX. When more than three members of the judicatory shall be standing at the same time, the moderator shall require all to take their seats, the person only excepted who may be speaking. XXXI. Every member, when speaking, shall address himself to the moderator, and shall treat his fellow-members, and especially the moder- ator, with decorum and respect. XXXII. No speaker shall be interrupted, unless he be out of order, or for the purpose of correcting mistakes or misrepresentations. XXXIII. Without express permission, no member of a judicatory, while Ixisiness is going on, shall engage in private conversation, nor shall members address one another, nor any person present, but through the moderator. XXXIV. It is indispensable that members of ecclesiastical judicatories maintain great gravity and dignity while judicially convened; that they attend closely in their speeches to the subject under consideration, and avoid prolix and desultory harangues; and when they deviate from the subject, it is the privilege of any member, and the duty of the moderator, to call them to order. XXXV. If any member act, in any respect, in a disorderly manner, it shall be the privilege of any member,' and the duty of the moderator, to call him to order. XXXVI. If any member consider himself aggrieved by a decision of the moderator, it shall be his privilege to appeal to the judicatory, and the question on the appeal shall be taken without debate. XXXVII. No member shall retire from any judicatory without the leave of the moderator, nor withdraw from it to return home without the consent of the judicatory. 208 FORM OF GOVERNMENT. XXXVIII. All judicatories Lave a right to sit in private on business ■which in their judgment ought not to be matter of public speculation. XXXIX. Besides the right to sit judicially in private whenever they think proper to do so, all judicatories have a right to hold -what are com- monly called " interlocutory meetings," in which members may freely con- verse together, without the formalities which are usually necessary in ju- dicial proceedings. XL. Whenever a judieator}' is about to sit in a judicial capacity, it shall be the duty of the moderator solemnly to announce from the chair that the body is about to pass to the consideration of the business assigned for trial, and to enjoin on the members to recollect and regard their high character as judges of a court of Jesus Christ, and the solemn duty in which they are about to act. XLI. In all cases before a judicatory, where there is an accuser or prosecutor, it is expedient that there be a Committee of the judicatory appointed (provided the number of members be sufficient to admit it with- out inconvenience), who shall be called the "Judicial Committee," and whose duty it shall be to digest and arrange all the papers, and to pre- scribe, under the direction of the judicatory, the Avhole order of proceed- ings. The members of this Committee shall be entitled, notwithstanding their performance of this duty, to sit and vote in the cause, as members of the judicatory. XLII. But in case of process on the ground of general rumor, where there is, of course, no particular accuser, there may be a Committee appointed (if convenient), who shall be called the " Committee of Prose- cution," and who shall conduct the whole course on the part of the prose- cution. The members of this Committee shall not be permitted to sit in judgment in the case. XLIII. The moderator of every judicatory above the church session, in finally closing its sessions, in addition to prayer, may cause to be sung an appropriate psalm or hymn, and shall pronounce the apostolical benedic- tion. The report was accepted, and the rules unanimously adopted, for the use of the General Assembly. They were also recommended to all the lower judicatories of the Church for adoption ; and in accordance with the sug- gestion of the report, the Board of Publication was ordered to publish the rules, as thus arranged and modified, in the appendix to the constitu- tion.—1871, pp. 491-49;5. ' X. OFFICERS OF THE ASSEMBLX- 1. The Stated Clerk. Appointment. a. Ordered, that Dr. Duffield be appointed stated clerk of the Assem- bly, procure a proper book into which to transcribe their minutes, and lay the expense of the book and of transcribing the minutes before the Gen- eral Assembly at their next meeting. — 1789, p. 13. Duties of the Stated Clerk. b. The stated clerk shall transcribe for the press such parts as may be necessary of the minutes ordered to be published from year to year. He shall correct the press, and superintend the printing of all the minutes and papers which shall be ordered to be printed by tiie General Assembly. As soon as the extracts are printed from year to year, he shall send one OF THE GENERAL ASSEMBLY. 209 copy by mail to each Presbytery, and apportion and send the rest by private conveyance to the Presbyteries and other bodies, as shall be pre- scribed by the Assembly, only reserving a sufficient number of copies for binding. He shall have the charge of all the books and papers of the General Assembly, shall cause their minutes to be fairly transcribed into the book or books provided for the purpose, and give attested copies of all minutes and other documents, when properly required so to do. — 1807, p. 377. To Notify Presbi/teries whose Commissioners have left without Leave. c. Whereas, it has frequently happened that members of this Assem- bly, neglecting their duty and inattentive to the rules of decorum, have abruptly left the Assembly and returned home without leave of absence. Resolved, That in all similar cases which shall occur in future, it shall be the duty of the clerk of this House to give notice thereof to the Pres- byteries to which such delinquent members may belong ; and that it be recommended to the said Presbyteries, in their settlements with such de- linquents, not to allow them any compensation for services as members of the Assembly.— 1801, p. 233. Resolved, That it be the duty of the stated clerk hereafter to report to the sevei'al Presbyteries the names of the commissioners who, at the calling of the roll at the close of the Assembly, may appear to have left the Assembly without permission. — 1820, p. 723. Resolved, That as the names of persons who have left the Assembly •without leave are to be published in the printed journals, therefore the stated clerk is liberated from the duty, enjoined by a standing rule, of writing to the Presbyteries on the subject. — 1824, p. 125. a. Salary of the Stated Clerh. Fixed by the Assembly at $400 per annum. — 1870, p. 127. Stated Clerh to act as Treasurer of the Assembly. The Committee on Finance also recommend that the stated clerk have added to his duties that of treasurer of the General Assembly, and that his salary be increased one hundred dollars. — 1871, p. 512. The duties of the stated clerk as treasurer of the General Assembly may be seen from the following : ACCOUNT CURRENT OF THE TREASURER OF THE GENERAL ASSEMBLY OF THE PRESBYTERIAN CHURCH, U. S. A. Dr. To balance from old Account, $62 27 " Keceipts of Mileage Committee of 1871, .... 24,39.'> 06 " Miscellaneous Receipts for Minutes, etc., 530 80 ?24,986 13 1871. _ ^ Or. May. By payments to Commissioners, Traveling Expenses, . , . $16,447 37 " " to the Clerks of the Assembly : Stated Clerk : Salary, $500 00 Traveling Expenses, ... 45 00 " " Permanent Clerk : Salary, 300 00 Traveling Expenses, ... 43 75 $888 75 " to the Janitor, Mr. Dyson, . . . 100 00 27 $525 90 3541 76 118 54 $4,186 20 486 15 $8 80 30 65 4 50 $43 95 $696 87 158 80 $57 00 30 00 24 00 30 00 56 00 15 00 GO 00 $272 00 $25 00 24 00 $49 00 12 50 34 25 1,610 29 210 FORM OF GOVERNMENT. By payments for printing : Sept " ' S. W. Green, Arrears of 1870, " " Minutes of 1871, Lakeside Co., Eolls of 1871, « " " the mailing of tlie Minutes of 1871, . " " " Stationery : W. G. Holmes, .... Lambert & Benedict, W. C. Martin, .... Sept. " " of Expenses, Cora, on Sustentation, " " " " " Manses, " " " Traveling Expenses of Committees: Rev. R. W. Patterson, D. D., " A. Reed, D. D., . " H. Darling, I). D., . " S. J. Nicoolls, D.D.. . " G. C. Heckman, D. D., " H. .Johnson, D. D., " J. T. Backus, D. D., . " " Traveling Expenses of Delegates: Rev. D. Tullv, ... " B. W. Chidlaw, " " Telegram and Express charges, " " Miscellaneous Postage, and Stationery, BalaiK;e to new Account, E.E., $24,986 13 New York City, May 10, i872. EDWIX F. HATFIELD, Treasurer. —1872, p. 174. 2. Permanent Clerk. Appointment and Duties. a. Whereas, the business of former Assemblies has been impeded by the want of a recording clerk possessing that facility in the business which is acquired by experience; and whereas, it is not to be expected that any one person should perform this service permanently without receiving an ade- quate compensation for his labor; and whereas, this Assembly are per- suaded that future Assemblies will see the reasonableness of the measure now contemplated, and co-operate on their part in giving it etlect; Revived, That a permanent recording clerk be chosen, whose duty it shall be from year to year to draught the minutes of the Assembly during their sessions, and afterward to perform such services respecting the tran- scribing, printing and distributing the extracts as shall be assigned to him from tinie to time, and that he be paid out of the funds of the Assenihly three dollars per day for the time he shall be employed, as well during the sessions of the Assembly as after their dissolution. — 1802, p. 285. b. Resolved, That hereafter the permanent clerk shall receive for his services two dollars per day during the .sessions of the Assembly, and one dollar and fifty cents per day while necessarily attending upon the busi- ness of the Assembly after their adjournment. — 180(), p. 372. c. The permanent clerk shall furnish all the stationery for the use of the Assembly and the several clerks, lie shall make the original draught of all the minutes, and give certified copies, as occasion may require, of all such as ma}' be proper to be transmitted to the trustees of the General Assembly or any of their officers. After the Assembly rises from year to OF THE GENERAL ASSEMBLY. 211 year he shall carefully revise the manuscript, render it correct and legible, and deliver it over to the stated clerk. He shall receive a reasonable compensation for the stationery supplied by him, and the pay (per diem) fixed by the last Assembly — that is, two dollars per day during the ses- sions of the Assembly, and one dollar and fifty cents per day while neces- sarily attending upon the business of the Assembly after adjournment. — 1806, p. 372 ; 1807, p. 377. Printing the Roll. d. JResolved, That it be a standing rule of this body that the permanent clerk annually cause to be printed a number of copies of the roll, not ex- ceeding five hundred, for the use of the members, as soon as practicable after the appointment of the standing committees. — 1840, p. 283, O. S. e. Salary of the Permanent Clerk. That the salary of the permanent clerk be fixed at the rate of three hundred dollars per annum. — 1870, p. 127. 3. The Temporary Clerk. a. Pe-solved also, That a temporary clerk be chosen by each Assembly as heretofore to read the minutes and communications to the Assembly, and otherwise aid the permanent clerk as occasion may require, and that he be paid one dollar per day for his services. — 1802, p. 235. b. The temporary clerk shall hereafter receive no pecuniary compensa- tion for his services. — 1806, p. 372. [From 1856 onward, in the New School Assembly, two temporary clerks were chosen. In the reunited Assembly three have been chosen. — 1870, pp. 12, 13; 1871, p. 490. Of those in the Assembly of 1870 two were ruling elders.] c. Choice of Clerks not Confined to Members of the Assembly. Resolved, That it be considered as the right of every member of the Assembly to vote for a clerk who is not a member of the body. — 1793, p. 64. d. The moderator and clerk are ministerial ofiicers of the judicatory. In respect to their offices they are servants merely, and not niembers, of the body. Of the clerk this would seem to be unquestionably true. The constitu- tion knows nothing of the temporary clerk as distinguished from the staled clerk. As far as any provision of the "Book" is involved, it is plain that a judicatory may select any convenient person, though not a member, to record its transactions, and discharge all other duties pertain- ing to a clerk. For the part of those duties usually devolved upon a tem- 2)orary clerk, we believe it is no infrequent thing for a Presbytery to em- ploy a licentiate or other person not a member of the body. — 1861, p. 457, N. S. [See chap, xii., sec. vii., above.] II. The General Assembly shall consist of an equal delegation of bishops and elders from each Presbytery in the following proportion, viz. : each Presbytery consisting of not more than twenty-four minis- ters, shall send one minister and one elder; and each Presbytery con- sisting of more than twenty-four ministers, shall send two ministers 212 FORM OP GOVERNMENT. and two elders ; and in the like proportion for every twenty-four ministers in each Presbytery ; and these delegates so appointed shall be styled Commissioners to the General Assembly. 1. The Ratio of Delegation. That every Presbytery shall, at their last stated meeting preceding the meeting of the General Assembly, depute to the General Assembly com- missioners in the following proportion : each Presbytery consisting of not more than six ministers shall send one minister and one elder; each Pres- bytery consisting of more than six ministers and not more than twelve shall send two ministers and two elders, and so in the same proportion for every six ministers. — 1786, p. 524. [In 1819, p. 700, the ratio was altered by substituting the word nine for the word six, and the Avord eighteen in place of the word twelve. In 1826, p. 168, the ratio was increased from nine to twelve and from eighteen to twenty-four. In 1833, p. 401, the present ratio was adopted.] 2. "Where a Presbytery sends more than its Proper Representa- tion, the Last Elected are Refused. The I'ight of two persons to a seat in the Assembly from the Presbytery of Portage was questioned, whereupon their case was referred to the Com- mittee of Elections. After considering the subject, the Committee re- ported that the names of the minister and elder last appointed should be erased, because the Presbytery is entitled to no more than two commis- sioners. This report was adopted. — 1835, p. 466. 3. Only such Commissioners should be Appointed as design to Remain throughout the Sessions. It is in the opinion of this General Assembly highly important that commissioners should not be appointed, unless it shall satisfactorily ap- pear to the several Presbyteries that they design to remain throughout the sessions.— 1827, p. 207. [See also chap. xxii. of Commissioners to the General Assembly.] 4. Corresponding Members. — Ministers Casually Present not Invited. Upon motion, it was agreed that whereas this Assembly, copying the example of their predecessors, have admitted several ministers who are not commissioners to join in their deliberations and conclusions, but not to vote on any question, and although this Assembly has been much in- debtrd to the wise counsels and friendly assistance of these corresponding jninisters, nevertheless, on mature deliberation, it was Besolved, As the opinion of this house, 1. That no delegated body has a right to transfer its powers, or any part thereof, unless express provision is in its constitution. 2. That this Assembly is a delegated body, and no such provision is in its constitution. 3. Although such admission has hitherto produced no bad consequences, it may, nevertheless, at some future day be applied to party purposes, and cause embarrassment and delay ; wherefore, Resolved 4, Lastly, that the practice of this Assembly in this case ought not to be used as a precedent in future. — 1791, p. 42. OF THE GENERAL ASSEMBLY. 213 5. Delegates from Corresponding Bodies. [At first these were not allowed to vote, but in 1794 the Assembly asked, and the General Association of Connecticut acceded to the request, that the delegates from these bodies respectively shall have a right not only to sit and deliberate, but also to vote, on all questions which may be deter- mined by either of them. — 1794, p. 80; 1795, p. 96. [The Assembly afterward (1827) asked that the right of voting be given up, and since 1830 corresponding members have the right only to sit and deliberate, but not to vote.] 6. The Secretary of any of the Permanent Committees, the Stated and Temporary Clerks, have the Privileges of Corresponding Members. a. Remhed, That it be a standing rule of the Assembly that the secre- tary of any of the permanent Committees shall be entitled to the same privilege as the delegates from corresponding bodies, while the business entrusted to that Committee is under consideration in the house. The Assembly voted that the same privilege be extended to the stated and permanent clerks in reference to matters pertaining to their official duties.— 1858, p. 581, N. S. h. Resolved, That all the secretaries of the Boards of the Church have the privilege of corresponding members of the General Assembly, in dis- cussions bearing upon the interests of the Boards which they severally represent. — 1870, p. 85. 7. Committees of the Assembly. — Those appointed at each Annual Meeting are called Standing Committees, and are as follows, viz. : I. The Committee op Bills and Overtures. Its Appointment. a. A Committee, consisting of Mr. Henry, Mr. Anderson and Mr. Wade, appointed to prepare and bring in overtures to the Presbytery, and also take cognizance of whatever may be laid before them, to prepare it for the Presbytery.— 1710, p. 17. h. The General Assembly, at every meeting, shall appoint a Committee of Bills and Overtures, to prepare and digest business for the Assembly. Any person thinking himself aggrieved by this Committee may complain to the Assembly. — 1789, p. 8. c. Powers and Duties of this Committee. To the question concerning the business and powers of the Committee of Overtures, proposed last 3'ear, the Synod answer, thnt Committee is in- tended to introduce business into the Synod in an orderlv manner, that they may give advice concerning either the matter or manner of overtures brought to them, but have not power to suppress anything that comes regularly before them from inferior judicatures according to our known rules, or such overtures and petitions as inferior judicatures or particular persons desire to have laid before this Synod. — 1769, p. 393. Petitions, questions relating either to doctrine or order, and usually all new propositions tending to general laws, should be laid before the Com- mittee of Bills and Overtures before they be offered to the Assemblv. — 1822, p. 42. 214 FORM OF GOVERNMENT. II. The Judicial Committee. The Assembly shall also, at every meeting, appoint a committee Lo be styled the Judicial Committee, whose duty it shall be to take into considera- tion all appeals and references brought to the Assembly, to ascertain ■whether they are in order, to digest and arrange all the documents relating to the same, and to propose to the Assembly the best method of proceed- ing in each case. — 1819, p. 718. III. Committee on Polity of the Church. Reaolved, That a Committee of seven members be appointed on the polity of the Church, and that it be referred to this Committee to exam- ine and settle the true roll of the Presbyteries and Synods connected with the Assembly ; and that they receive the reports of the several Pi-esbyteries on amending the Constitution of the Church. — 1840, p. 7, N. S. IV. On Foreign Missions. V. On Home Missions. VI. On Education. VII. On Publication. VIII. On Church Erection. IX. On Theological Seminaries. X. On Sustentation. XL On Ministerial Relief. XII. On Freedmen, To these Committees are referred the reports of the several Boards, etc., together with the whole subject to which they pertain, to report to the Assembly at as early a day during its sessions as is possible. XIII. On Correspondence. To this Committee is referred the matter of correspondence with other Churches; they also nominate to the Assembly delegates to corresponding bodies. XIV. On the Narrative. That the General Assembly take measures to bring into distinct view at its different sessions the situation of the Presbyterian Church under its jurisdiction in the United States of America, with respect to the state of religion in the difierent Presbyteries, and the most ])robable expedients for reviving and promoting the essential interests of Christ's kingdom in the world ; whereupon — Resolved, Tliat it be recommended to each Synod to enjoin it upon the respective Presbyteries within their bounds, to sjjecify the above particu- lars in the annual reports which they make of the state of their respective churches, to be laid before the General Assembly at its stated meetings. — 1792, p. 59. Narrative to notice the Decease of Ministers. Resolved, That the narrative on the state of religion annually contain a notice of the decease of all the ministers of our Church who may have been removed ])y death during the preceding year; and the several Pres- byteries are ordered to incorporate with their ]-epoi-ts on the state of re- ligion, made to the Assembly, the case of every such removal within their bounds.— 1822, p. 38. • OF THE GENERAL ASSEMBLY. 215 XV. On Leave of Absence. a. Resolved, That, as a standing rule of the Assembly, a committee of five be appointed, whose duty it shall be to consider all applications for leave of absence, with power to decide on the same, in place of the house, and with instructions to require iu every case satisfactory reasons for the necessity of such absence, and report to the house, at the commencement of every session, the members so dismissed ; and that an appeal to the Assembly maybe made in any instance of refusal on the part of the Com- mittee to grant the application. — 1833, p. 390. b. A memorial was received from the Presbytery of Sydney, requesting the Assembly to take order against granting its members leave of absence. Whereupon, He-solved, That the Committee on Leave of Absence be instructed to give leave to members of the Assembly to be absent from the sessions only for manifestly sufficient reasons ; and, in general, for such reasons as have arisen since the Assembly has convened. — 1843, p. 173, O. S. e. [The Committee] wish to be instructed as to the degree of strictness which they shall observe in refusing leave of absence to members. The Committee were instructed to apply the rule rigidly. — 1847, p. 394, O. S. d. Early Leave Forfeits Mileage. It is, in the opinion of this General x4.ssembly, highly important that com- missioners should not be appointed unless it shall satisfactorily appear to the several Presbyteries that they design to remain throughout the sessions. That iu order to jDrocure as far as possible this desirable object, it be and it hereby is ordered that no commissioner who shall obtain leave of ab- sence within the first six days of the sessions shall be entitled to receive anything from the commissioners' fund, unless the General Assembly shall order otherwise, when the reasons of the application are given. — 1827, p. 207. e. Injunction on Presbyteries. The Committee would present to the consideration of the General As- sembly as a serious evil the frequent applications on the part of the com- missioners, especially of elders, for permission to return home within a few days after the coming together of the Assembly. We believe that, according to the constitution of our Church, the ruling elders are essential parts of our Church judicatories; and if so, it is as important that they be present during the whole sessions of the judicatory as at its opening. Many of them have their traveling expenses paid by their Presbyteries with a view to secure their attendance, and yet comparatively few are willing to remain till the Assembly is dissolved. The Committee have remarked that these applications for leave most commonly are made, not by those whose residence is far off from our place of meeting, but by those who can reach their homes in a few hours. Under these views, the Com- mittee are often embarrassed in regard to their proper course of duty. They would be kind and indulgent, but they desire too to be true to the trust committed to them ; and they respectfully suggest to the Assembly the adoption of the following resolution, viz. : Re>iolved, That the Presbyteries, in the appointment of commissioners to the General Assembly, be directed to use great care and diligence in the selection of such ministers and ruling elders as will be willing and able to remain during the entire sessions of this body. [Adopted.] — 1842, p. 21, 0. s. 216 FORM OF GOVERNMENT. XVI. On Mileage. Resolved, That the members entitled to mileage shall give to the Com- mittee on the Commissioners' Fund, within three days after the appoint- ment of said Committee, in writing, their names, the names of their Pres- byteries and their distance from home to the Assembly; and if any member neglects to comply with this resolution, he shall forfeit his por- tion of said fund. And that no member may be ignorant of this resolu- tion, the moderator shall read it as soon as the Committee on said fund is appointed each year. — 1818, p. 687. The Committee on Mileage reported in part, when it was Resolved, That the commissioners from Newburyport, Clinton and Mad-, ison be struck off from the list of applicants for a portion of the commis- sioners' fund, on the ground that their respective Presbyteries have paid nothing into this fund. — 1833, p. 404. See above, d; also under chap, xxii., sec. iii. XVII. On Finance. Resolved, That a standing Committee of Finance be appointed, to whom the treasui'er's account (of the trustees) shall be referred. — 1842, jd. 8, 0. S. XVIII. On Devotional Exercises. Resolved, That it be hereafter a standing rule of the General Assembly to spend the first Wednesday of their sessions in religious exercises, as fol- lows, viz. : It is recommended that each member should spend from eight till nine o'clock A. M. of that day in secret devotion. At ten the Assembly shall meet together, and spend a season in prayer, praise, reading the Scriptures and exhortation. In the afternoon there shall be a public meeting of the Assembly, with all who may choose to convene with them, to engage again in religious exercises. Each Assembly shall, at an early period of its sessions, appoint a Com- mittee to make arrangements for the observance of this day in conformity with the above general plan. Resolved, That it be recommended to the churches under the care of the General Assembly annually to observe tins day, or such parts of it as they may respectively judge proper, as a season of special prayer in the closet and in social or public meetings; to ask for the presence of God with the General Assembly, and for the special influences of his Sjiirit to descend upon the churches under their care and upon the world of man- kind, and that the earth may speedily be filled with his glory. Resolved, That it be recommended to Christians and to the churches, in the annual observance of this day, as far as may be convenient, to fix upon the same time with the Assemblv for secret devotion and for public wor- ship.—1828, p. 239. [The usage now is to appoint ministers and elders of the churches in the place where the Assembly is next to meet as the Committee on Devo- tional Exercises and Arrangements ; their report is made at an early day during the session of the Assembly. The folh)wing are standing rules :] 1. The Lord's Supper is to be celebrated by the Assembly on the even- ing of Thursday, the first day of their sessions. 2. The evening of Friday, the second day of their sessions, is assigned to a popular meeting in behalf of the Sabbath-school interest of the Church. OF THE GENEEAL ASSEMBLY. 217 3. The first Tuesday of the sessions is appropriated exclusively to the consideration of the home mission work of the Church, with a popular meeting in the evening of the same day. 4. The first Wednesday of the sessions is appropriated in like manner to the foreign mission work of the Church, with a popular meeting in the evening of the same day. III. Any fourteen or more of these commissioners, one-half of whom shall be ministers, being met on the day and at the place ap- pointed, shall be a quorum for the transaction of business. IV. The General Assembly shall receive and issue all appeals and references which may be regularly brought before them from the in- ferior judicatories. They shall review the records of every Synod, and approve or censure them ; they shall give their advice and in- struction in all cases submitted to them in conformity with the con- stitution of the Church ; and they shall constitute the bond of union, peace, correspondence and mutual confidence among all our churches. 1. The Assembly •will not Ordinarily Decide Questions in Thesi. a. But while the General Assembly is invested with the power of de- ciding in all controversies respecting doctrine and discipline, of reprov- ing, warning or bearing testimony against error in doctrine in any church, Presbytery or Synod, or of suppressing schismatical contentions and dis- putations, all such matters ought to be brought before the Assembly in a regular and constitutional way. And it does not appear that the consti- tution ever designed that the General Assembly should take up abstract cases and decide on them, especially when the object appears to be to bring those decisions to bear on particular individuals not judicially be- fore the Assembly. Neither does it appear that the constitution of the Church intended that any person or persons should have the privilege of presenting for decision, ren\onstrances respecting points of doctrine, on the conduct of individuals, not brought up from the inferior judicatories by appeal, reference or complaint, and this especially when such remon- strances contain no evidence whatsoever of the facts alleged, but mere statements, of the truth or justness of which the Assembly have no means of judging, inasmuch as a contrary course would allow of counter and contradictory remonstrances without end. — 1822, p. 50. See 1870, p. 28. It is inexpedient to consider cases in thesi. b. It is ordinarily undesirable for the General Assembly to decide ques- tions in thesi which are liable to be brought before it in its judicial capa- city, as it may thus virtually prejudge cases of discipline; it appears bet- ter that it should ordinarily follow in this respect the uniform practice of civil courts to decide legal principles only on actual cases presented. — 1856, p. 213, K s. c. Overture No. 13, being a request of the Rev. Samuel C. McCune that the Assembly would answer various questions connected with judicial pro- cesses in the lower courts. The Committee recommend the following answer: These questions per- tain either to supposed or to actual judicial processes. In either case it is not deemed proper that the Assembly should give sj^ecific answers to them. Adopted.— 1866, p. 47, O. S. d. Overture No. 28, from the Presbytery of Santa Fe. (1.) Is it in 28 218 FOEM OF GOVERNMENT. accordance with the spirit and Constitution of the Church for a Btard oi Committee of the Assembly to receive complaints against the character and conduct of a minister without giving him full information on the subject, or refuse to do so when asked? (2.) What course should the Committee on Missions of a Presbytery take when a missionary sent into its bounds by a Board of the Assembly refuses to occupy the field assigned him by said Committed (3.) Is it the province of a INIissionary Presby- tery to designate the field of labor of its members or of a missionary sent into its bounds by any Board of the Assembly? or does this right of desig- nation belong to the Board sustaining the missionary? The Committee recommend no action, inasmuch as it presents the case in thesi, and the questions involved will probabl}^ be settled ere long by the action of the Board of Foreign Missions. Adopted. — 1872, p. 73. [See at large under sec. v., below. Powers of the General Assembly and Book of Discipline, chap. vii. throughout.] V. To the General Assembly also belongs the power of deciding in all controversies respecting doctrine and discipline ; of reproving, warning or bearing testimony against error in doctrine or immorality in practice in any church, Presbytery or Synod; of erecting new Syn- ods when it may be judged necessary; of superintending the concerns of the whole Church; of corresponding with foreign churches on such terras as may be agreed upon by the Assembly and the corresponding body; of suppressing schismatical contentions and disputations; and in general, of recommending and attempting reformation of manners, and the promotion of charily, truth and holiness through all the churches under their care. I. DECISIONS AND DELIVERANCES OX DOCTRINE. 1. Case of Samuel Harker. A reference was brought into the Synod from the New Brunswick Pres- bytery respecting Mr. Samuel Harker, one of their members, as having imbibed and vented certain erroneous doctrines. The further considera- tion of this affair is deferred till the next sederunt. — 1758, p. 283. [The matter was continued from year to year, Synod endeavoring to remove the difficulty and bring Mr. Harker to a sense of his error. In 1761, Mr. Harker printed and published his views, and the Synod (1762) appointed a Committee to examine tlie book, who reported next year.] The Synod proceeded to consider INIr. Harker's princi])les, collected from his book by the Committee, which are in substance as follows: 1. That the covenant of grace is in such a sense conditional that fallen mankind in their unrcgenerate state, by the general assistance given to all under the gospel, have a sufficient ability to fulfill tlie conditions tliercof, and so by their own endeavors to ensure to themselves regenerating grace and all saving blessings. 2. That God has bound himself by promise to give them regenerating grace upon their fulfilling what he (Mr. Harker) calls the direct condi- tions of obtaining it, and, upon the whole, makes a certain and an infalli- ble connection between their endeavors and the aforesaid blessings. 3. That God's prescience of future events is previous to and not depend- OF THE GENERAL ASSEMBLY. 219 ent on his decrees; that his decrees have no influence on his own conduct, and that the foresight of faith was the ground of the decree of election. It is further observed that he often uses inaccurate, unintelligible and dangerous modes of expression that tend to lead people into false notions in several important matters, as that Adam was the federal father of his posterity in the second covenant as well as in the first ; that the regene- rate are not in a state of probation for heaven, and several such like. The Synod judge that these principles are of a hurtful and a dangerous tendency, giving a false view of the covenant of grace, perverting it into a new modeled covenant of works, and misrepresent the doctrine of the divine decrees as held by the best reformed churches, and, in fine, are con- trarv to the word of God and our approved standards of doctrine. — 1763, p. 329. 2. Testimony against Universalism and Socinianism. «. Whereas, the doctrine of universal salvation and of the finite dura- tion of hell torments has been propagated by sundry persons who live in the United States of America, and the people under our care may possi- bly, from their occasional conversation with the propagators of such a dangerous opinion, be infected by the doctrine, the Synod take this oppor- tunity to declare their utter abhorrence of such doctrines as they appre- hend to be subversive of the fundamental principles of religion and mo- rality, and therefore earnestly recommend it to all their Presbyteries and members to be watchful upon this subject, and to guard against the intro- duction of such tenets amongst our people. — 1787, p. 540. b. If there is a religion revealed by God, it is as important to have cor- rect views of its principles to perfi)rm the duties which it enjoins in the various relations of life, as it is to have correct views of morality that our lives may be moral. Error in principle invariable produces error in practice. To be ever learning and never coming to the knowledge of the truth is characteristic of none but those who assume for the human under- standing the pi'erogative of sitting in judgment upon the inspired truth of God, either condemning the whole as an imposition, or undertaking to correct its alleged mistakes by abridging and falsifying its contents. Of the former class, we rejoice that the number and influence are diminished. Not many j'ears past they triumphed, to the regret and anguish of the followers of Christ. With brazen front, infidelity threatened the anni- hilation of the Church and the ruin of her Lord's authority. But the Church not merely survives its attacks: she has increased in numbers and in grace, whilst her adversaries are compelled, though unwillingly, to pay homage to the paramount claims of her God and her Saviour, who is King of kings and Lord of lords. Few are to be found who respect themselves openly opj)osing the truth of God as contained in the Scrip- tui'es. There are, however, some within our bounds, who, whilst they pro- fess to honor the authority of the Bible, with unhallowed hands would cut out of its pages those passages which command us to honor the Son as we honor the Father, and rob the trembling sinner of the only hope of ac- ceptance with God which his soul can cherish. The well-beloved and only begotten Son of God thej'- reduce to the level of frail humanity, and his work of redemption to the mere fact of furnishing us a perfect example of conversation and conduct. By denying his chai'acter as a covenant- surety to bear our sins and carry our sorrows, they lower his example as a righteous and holy Man below that which his apostles and primitive fol- lowers afford us. And so far as we have had the opportunity of judging from facts which have fallen undc our observation, their principles have 220 FORM OF GOVERXMEXT. introduced among all ^vlio have embraced them so great a conformity in their practice to the world which lieth in wickedness as to render it im- possible to discriminate them from the children of that world. In connection with these Anti-Trinitarians — for we reject the name which they have assumed of Unitarians, holding the unity of God as strictly as they do — are the Universal ists, or the supporters of the doctrine of univer- sal salvation. It is a tribute, however, which we owe to truth to say that whilst the Anti-Trinitarians, for the sake of consistency, are compelled to maintain the ultimate and eternal salvation of all, the Universalists be- lieve in the doctrine of the Trinity and the atonement of the Lord Jesus. They, however, by assuring all that they will be in the end for ever happy, provide for the gratification of present desires and continuance in sin whilst they live. As these errors in principle do exist in some portion of our Church, though we have good reason to believe that they are not increasing, the Assembly trust that they will be opposed and their ruinous tendency un- folded with fidelity and success.— 1818, p. 677. e. In some parts of our land attempts are made to propagate the most pernicious errors. With a zeal worthy of a better cause, and under lofty pretensions to superior rationality and to deeper discoveries in religion, some are endeavoring to take away the crown from the Redeemer's head, to degrade Him who is the mighty God and the Prince of life to a level with mere men, and to rob us of all our hopes of redemption through his blood. Pretending, too, a more expanded benevolence to man, and more ennobled ideas of the goodness and mercy of God, they assiduously prop- agate the sentiment, that all men will ultimately obtain eternal happiness, however sinful their present temper and conduct may be, without any re- gard to the cleansing of the blood of atonement or the sanctifying influ- ences of the Spirit of God. Believing that these sentiments are utterly subversive of gospel truth and holiness, that they are alike dishonoring to God and destructive to the present and eternal welfare of men, we cannot but affectionately warn you against them. — 1822, p. 58. 3. Case of Rev. Hezekiah Balch, The consideration of the references relative to INIr. Balch was resumed, and after some amendments made on the draught brought in by the Com- mittee, it was adopted, and is as follows, viz.: They remark upon the first article of the creed aforesaid that Mr. Balch is erroneous in making disinterested benevolence the only definition of ho- liness or true religion, because this may perplex the minds of those not accustomed to abstract speculations, is questionable in itself, and may convey the idea that an absolute God, or a God out of Christ, is the object of the highest affection to the renewed mind. On the second article they remark that he has confounded self-love with selfishness in an abstract speculation calculated to puzzle plain Christians and lead to unprofitable disputes. On the third article they remark that the transferring of personal sin or righteousness has never been held by Calvinistic divines, nor by any person in our Church, so far as is known to us, and therefore that Mr. Balch's observations on that subject appear to be either nugatory or cal- culated to mislead. With regard to his doctrine of original sin, it is to be observed that he is erroneous in representing personal corruption as not derived from Adam, making Adam's sin to be imputed to his posterity in consequence of a corrupt nature already possessed, and derived from we OF THE GENERAL ASSEMBLY. 221 Icnotv not what; thus, in effect, setting aside the idea of Adam's being the federal head or representative of his descendants, and the whole doctrine of the covenant of works. It is also manifest that Mr. Balch is greatly erroneous in asserting that the formal cause of a believer's justification is the imputation of the fruits and effects of Christ's righteousness, and not that righteousness itself, be- cause righteousness, and that alone, is the formal demand of the law, and consequently the sinner's violation of the divine law can be pardoned only in virtue of the Redeemer's perfect righteousness being imputed to hira and reckoned as his. It is also not true that the benefits of Christ's right- eousness are, with strict propriety, said to be imputed at all, as these ben- efits flow to and are possessed by the believer as a consequence of his jus- tification and having an interest in the infinite merits of the Saviour. On the fourth article no remark is necessaiy. With regard to the fifth article it is to be remarked that Mr. Balch appears to confound sentiment with the mere perception of truth, whereas it always partakes of the disposition of the heart, and consequently in- volves in it either sin or holiness. The article as stated by him contra- dicts the principle laid down in the introduction to our Form of Govern- ment, and levels the important distinction between truth and falsehood so as to be liable to the construction that it is no matter what a man believes. And though Mr. Balch may not, and probably did not, intend to insinuate anything disrespectful to the holy Scriptures, where he asserts that "there are wrong sentiments in the Bible," yet, as his expression is liable to such a construction, we judge it highly censurable. With regard to the sixth and seventh articles no remarks seem to be necessaiy, except that the offence given by the reflection cast on his breth- ren, the Presbyterians, in the seventh, has been sufficiently removed by his candid acknowledgment before the Synod and Cxeneral Assembly. The eighth, ninth and tenth articles require no remark, except that they appear to be unimportant. With regard to the twelfth article it is remarked that his observation upon love as exercised by the human race, so far as it may be applicable to a state of infancy, is unintelligible, and that though a distinction may be made between regeneration and conversion, yet the terms in which the article is expressed are exceptionable, as they seem to discourage the use of the means of grace. With regard to the thirteenth article it is remarked that in making re- pentance and faith to proceed wholly from love or charity, Mr. Balch has expressed an opinion unnecessary and improper. In regard to the subject of false doctrine, in discoursing from Psalm li. 5 and Isaiah xlviii. 8, nothing seems necessary to be added to the remarks made on the subject of original sin as contained in Mr. Balch's creed, (>>:cept that he charges Calvinistic divines with holding sentiments rela- tive to infants which they do not hold; and that he makes positive decla- rations in regard to the state of infants, when it has pleased a wise and holy God to be silent on this subject in the revelation of his will. In regard to the subject of indecent language alleged to have been used in the pulpit by Mr. Balch, it is remarked, that if he was not misunder- stood by the witnesses, he has, notwithstanding, declared such a deep and suitable abhorrence of all such language in public discourse as renders it unnecessary to take any further notice of it. On the whole, your Committee recommend that Mr. Balch be required to acknowledge before the Assembly that he was wrong in the publication of his creed ; that in the particulars specified as above he renounce the 222 FORM OF GOVERNMENT. errors therein pointed out; that he engage to teach nothing hereafter of a similar nature ; that the moderator admonish him of the divisions, disor- der, trouble and inconvenience \vhich he has occasioned to the Church and its judicatories by his imprudent and unwarrantable conduct, and warn him against doing anything in time to come that may tend to pro- duce such serious and lamentable evils. That if Mr. Balch submit to this, he be considered as in good standing with the Church, and that the refer- ence and queries of the Synod of the Carolinas be considered as fully an- swered by the adoption of these measures. — 1798, pp. 155, 156. Mr. Balch appeared before the General Assembly and made the follow- ing declaration, viz. : • I do fully acknowledge that I was wrong in publishing my creed. I do solemnly declare, however, as in the presence of my final Judge, that I never did entertain the ideas nor intend to teach the doctrines which are pointed out as errors in the statement of the Assembly; but as I can- not so w^ell judge as the Assembly what ideas my language actually con- veys, and the Assembly declares that my language has conveyed these ideas and doctrines to their minds, I do fully and cheerfully renounce them as wrong and improper ; and I do solemnly and sincerely engage, in a reliance on divine grace, never hereafter to teach or preach what the Assembly have stated as erroneous ; and I do finally and cheerfully sub- mit myself to the admonition which the Assembly may see meet to give for my irregularities, which I acknowledge to deserve censure, and for which I am sincerely sorry. Whereupon the moderator gave to Mr. Balch the solemn admonition agreed to ; and then the Assembly declared themselves fully satisfied in the case of Mr. Balch, and that he is, and ought to be, considered as in good standing with the Church. And the whole transaction was con- cluded with prayer. — 1798, p. 158. 4. Case of Rev. ■William O. Davis. The overture from the Synod of the Carolinas, which had been laid on the table, referring to the Assembly an overture laid before that Synod, requesting their attention to a late publication of the Rev. W. C. Davis, denominated the "Gospel Plan," was read; Messrs. Robert G. Wilson, Calhoun and Anderson were appointed a Committee to examine said book and report to this Assembly the doctrines it contains, if any such they find, that are contrary to the standards of the Presbyterian Church. The report of the Committee was adopted, viz.: The Committee, presuming that a complete and perfect enumeration of all the objectionable parts of said book is not expected, called the atten- tion of the Assembly only to the following doctrines, supposed to be con- trary to the Confession of Faith of the Presbyterian Church : Doctrine I. That the active obedience of Christ constitutes no part of that righteousness by which a sinner is justified, pp. 257, 261, 264, 3d corollary. Doctrine II. That obedience to the moral law was not required as the condition of the covenant of works, pp. 178, 180. These pages being read, the Assembly resolved that they do consider these doctrines as contrary to the Confession of our Church. Doctrine III. God himself is as firmly bound in duty (not obedience) to his creatures as his creatures are bound in obedience or duty to him, pp. 164, 166. Also, that God's will is not the standard of right and wrong. If God's will is the primary rule of his own actions, he would OF THE GENERAL ASSEMBLY. 223 be: 1st. Entirely void of holiness; 2d. There could be no justice in God; 3d. It would be impossible for God to be unchangeable; 4th. If the will of God is the standard of right and wrong, then it would be no infringe- ment on the divine character to be unfaithful to his word and promise, —pp. 168-171. These pages being read, Resolved, That, without deciding on the question whether these senti- ments are contrary to our Confession of Faith, the Assembly consider the mode in which they are expressed as unhappy, and calculated to mislead the reader. Doctrine IV. God could not make Adam, or any other creature, either holy or unholy. Compare page 194 with 166. Doctrine V. Regeneration must be a consequence of faith. Faith pre- cedes regeneration, p. 352. Doctrine VI. Faith, in the first act of it, is not a holy act, p. 358, etc. These pages being read, Resolved, That the Assembly do consider the three last-mentioned doc- trines contrary to the Confession of Faith of our Church. Doctrine Yil. Christians may sin willfully and habitually, pp. 532, 534. These pages being read, Resolved, That tlie Assembly consider the expressions in the pages re- ferred to as very unguarded ; and so far as they intimate it to be the au- thor's opinion that a person may live in an habitual and allowed sin, and yet be a Christian, the Assembly consider them contrary to the letter and spirit of the Confession of Faith of our Church, and in their tendency highly dangerous. Doctrine VIII. If God has to plant all the principal parts of salvation in a sinner's heart to enable him to believe, the "Gospel Plan" is quite out of his reach, and consequently does not suit his case; and it must be impossible for God to condemn a man for unbelief, for no just law con- demns or criminates any person for not doing what he cannot do. — p. 413. This page, and several others on the same subject, being read. Resolved, That the Assembly do consider this last-mentioned doctrine contrary to the Confession of Faith of our Church. On the whole, Resolved, That this Assembly cannot but view with disapprobation various parts of the work entitled "The Gospel Plan," of which William C. Davis is stated in the title-page to be the author. In several instances in this work, modes of expression are adopted, so different from those which are sanctioned by use and by the best orthodox writers, that the Assembly consider them as calculated to produce useless or mischievous speculations. In several other instances there are doctrines asserted and advocated, as has been already decided, contrary to the Confession of Faith of our Church and the word of God; which doctrines the Assembly feel con- strained to pronounce to be of very dangerous tendency; and the Assem- bly do judge, and do hereby declare, that the preaching or publishing of them ought to subject the person or persons so doing to be dealt with by their respective Presbyteries, according to the discipline of the Church relative to the propagation of errors. — 1810, pp. 448-453. 5. Case of Rev. Thomas B. Craighead. [On an appeal from the Synod of Kentucky. After speaking of cer- tain irregularities in the conduct both of the 'Synod and the appellant, they say,] 224 FORM OF GOVERNMENT. But from matters of form the General Assembly will now pass to the merits of the ease ; and for the sake of brevity, the first and second charges only shall be brought into view. " Charge 1. We charge him with denying and vilifying the real agency of the Spirit in regeneration, and in the production of faith and sanctifi- cation in general." And first they would observe that there can be no doubt that the de- nial of the real agency of the Spirit is a dangerous and fundamental error; and if Mr. Craighead taught such an error, he ought to have been suspended. The question then is, Do the passages of Mr. Craighead's sermon re- ferred to in the charge prove that he did deny the reality of the operations of the Spirit ? Here it ^Yill be important to remark that a man cannot fairly be con- victed of heresy for using expressions which may be so interpreted as to involve heretical doctrines if they may also admit of a more favorable construction, because no one can tell in what sense an ambiguous expres- sion is used but the speaker or writer, and he has a right to explain him- self; and in such cases candor requires that a court should favor the ac- cused, by putting on his words the more favorable, rather than the less favorable, construction. Another principle is that no man can rightly be convicted of heresy by inference or implication — that is, we must not charge an accused per- son with holding those consequences which may legitimately flow from his assertions. Many men are grossly inconsistent with themselves ; and while it is right in argument to overthrow false opinions by tracing them in their connections and consequences, it is not right to charge any man with an opinion which he disavows. "With these principles in view, the General Assembly proceed to ob- serve that there is abundant evidence that Mr. Craigheacl did deny the immediate agency of the Spirit, but no clear evidence that he denied the real agency of the Spirit. These are very different things, and the proof of the one does by no means establish the other. Immediate agency or operation is opposed to mediate. This is a well-known distinction in the- ology, and a point which has been greatly controverted. The Eeformed Church, of which ours is a part, in all their purest times, maintained the doctrine of the immediate operation of the Spirit, not without the word, but distinct from it, and in the order of nature preceding it. Other Prot- estant churches, never charged with fundamental error, have as uniformly maintained the doctrine of a mediate agency, and those commonly believe that this operation is not occasional, but uniform, and diversified in its effects by the difference of resistance with which it meets. Neither the Presbytery nor the Synod appear to have attended sufficiently to this dis- tinction. They appear to have thought that a denial of immediate agencv was a denial of all real agency. It deserves special regard here that our confession takes no notice of these nice distinctions about the mode in which the Holy Spirit operates. It ustuilly mentions the word and the Spirit together, and the former as tlie instrument of the latter. And they who believe in the immediate agency of the Spirit do not exclude the in- strumentality of the word ; they, however, explain it in a difiercnt way from those who hold tliat there is no agency of the Spirit distinct from the word. But this is the more favorable construction ; there is another which, if not more probable, is more obvious. Mr. Craighead may be un- derstood as teaching that the only real agency of the Spirit was in inspir- ing the Scriptures and confirming them by signs and miracles. There is OF THE GENERAL ASSEMBLY. 225 much in his discourse that has this bearing, and undoubtedly this is the common impression among the people where it is best known. This was the idea of the Synod of Kentucky when they condemned him, and this is in tact denying the reality of th'e operation of the Spirit in our days ; and whether his expressions have been fairly interpreted or not, they are dangerous, and ought to be condemned. In justice to Mr. Craighead, however, it ought to be remembered that he utterly disclaims this mean- ing in his defence set up to this Assembly ; and would it be fair to continue to charge upon him opinions which he solemnly disavows ? Of the sin- cerity of his disavowal God is the judge. The conclusion is that the first charge, though supported by strcmg probabilities, is not so conclusively established as to remove all doubt, because the words adduced in proof will bear a different construction from that put on them by the Presby- tery and Synod. The evidence in support of the second charge is still less clear and con- clusive. The charge is : "We charge him with denying, vilifying and misrepresenting the doe- trine of divine foreordination and sovereignty and election." It might, perhaps, be shown by alignment that Mr. Craighead uses many expressions not consistent with these doctrines; but agreeably to the principle laid down above, he must not be charged with holding these con- sequences unless he has avowed them. These passages of his discourse, it is true, contain erroneous and offensive things, but they do not establish the charge of denying, vilifying, etc. In one single instance he seems to deny that everything should be referred to the sovereignty of God's will, but the words in their connection may have an innocent meaning. Here again it must be observed that Mr. Craighead solemnly declares his belief in the doctrine of decrees and election as expressed in our standards. But whilst the General Assembly are of opinion that the charges against Mr. Craighead are not clearly and fully supported by the references, they feel it to be their duty to say that the impression which they have received from hearing extracts from this discourse are very unfavorable, and they do believe that Mr. Craighead by preaching and printing this sermon did subject himself justly to censure. Moreover, the Assembly are of opinion that the doctrines of this ser- mon, in the most favorable construction, are different from those of the Reformed Churches and of our Church, and are erroneous, although the error is not of fundamental importance. They have observed, also, that this discourse contains many unjust and illiberal reflections on the doc- trines which have been the common and uniform belief of the great majority of the preachers and writers of the Reformed Churches. He mentions the names of a few persons as favoring the doctrine which he opposes ; but he might have put into the list almost every standard writer of our own and sister Churches since the Reformation. The sermon also contains much declamation which confounds flmati- cism and piety, and representations of opinions which are true and import- ant, so associated with error and absurdity, as to exhibit them in a ridicu- lous and odious light. Finally, the General Assembly are deeply impressed with the evidences of an improper spirit and an evil tendency in this sermon, and are of opinion that Mr. Craighead ought so to retract or explain his sentiments as to afford reasonable satisfaction to his brethren. Whereupon, Resolved, That as the proceedings in the case of Mr. Craig- head have been, in many respects, irregular, and he has suffered much injury from the delay produced by these irregularities, and whereas, also, 29 226 FORM OF GOVERNMENT. the charges are not so conclusively established as to remove all doubt, the General Assembly cannot see their way clear finally to confirm the sen- tence of the Synod of Kentucky, although they are of opinion that j\Ir. Craighead has subjected himself, by preaching and printing this sermon, to just censure. But as Mr. Craighead has had no fair opportunity of vindicating himself, or of making satisfactory explanations or retractions, therefore, Resolved, That the whole cause be transmitted to the Presbyterv of West Tennessee, in the bounds of which Mr. Craighead resides; and that they be directed to give him an early opportunity of offering that satis- faction which the church expects, for the offence received ; and that upon receiving such explanation or retractions as to them shall be satisfactory, Mr. Craighead be restored to the gospel ministry, from which he had been suspended.— 1824, pp. 122-124. [Mr. Craighead was restored.] 6. Case of Rev. Albert Barnes. [For a full statement and history of the case, see Baird's Revised Edition, pp. G94-700. On an appeal from the decision of the Synod of Philadelphia, it was] Reifolved, That the decision of the Synod of Philadelphia, suspending Rev. Albert Barnes from all the functions projjer to the gospel ministry, be and it is herebv reversed. [Yeas 145, navs 78, declined voting 11.] — 1836, p. 269. [A resolution offered by Dr. Samuel Miller was rejected. Yeas 109, nays 122. Two protests which may be found in full, together with Dr. Miller's Resolution, in Baird, pp. 700-702, were entered. In reply the Assembly make the following statements as to the dtx-trines involved :] The correctness of the preceding positions is confirmed, in the opinion of the Assembly, by a careful analysis of the real meaning of Mr. Barnes under each charge, as ascertained by the language of his book and the revisions, disclaimers, explanations and declarations which he has matle. In respect to the first charge, that Mr. Barnes teaches that all sin is voluntary, the context and his own declarations show that he refers to all actual sin merely, in which he affirms the sinner acts under no com- pulsion. The second charge implies neither heresy nor errors, but relates to the expression of an opinion on a matter concerning which no defiiiifc in- struction is contained either in the Bible or in the Conlessiou of P^iitli. In respect to the third charge, Mr. Barnes has not taught that unregt n- erate men are able, in the sense alleged, to keep the commandments and convert themselves to God. It is an inference of the prosecutor from tlie doctrine of natural ability as taught by Edwards, and of the natural lib- erty of the will as taught in the Confession of Faith, chap, ix., sec. i. On the contrary, he docs teach, in accordance with our standards, that nnui, by the fall, hath wholly lost all ability of %vUl to any spiritual good accoin- panying salvation. In respect to the fourth charge, that faith is an act oi' the mind, 'Mv. Barnes does teach it, in accordance with the Confession of Faith and the Bible; but he does not deny that faith is a fruit of the special influence of the Spirit, and a {)ermanent holy hal)it of mind, in opposition to a cre- ated physical essence. That faith "is counted for rigliteousness" is the language of the Bible, and as used by Mr. Barnes means, not that faith is the meritorious ground of justification, but only the instrument by which the benefit of Christ's righteousness is appropriated. OF THE GENEPwAL ASSE:\rBT.Y. 227 In respect to the fifth charge, Mi-. Barnes nowhere denies, much less "sneers" at, the idea that Adam was the covenant and federal head of his posterity: on the contraiy, though he employs not these terras, he does, in other language, teach the same truths which are taught by this phraseology. In respect to the sixth and seventh charges, that the sin of Adam is not imputed to his posterity, and that mankind are not guilty or liable to punishment on account of the first sin of Adam, it is to be observed that it is not taught in the Confession of Faith that the sin of Adam is im- puted to his posterity. The imputation of the guilt of Adam's sin, Mr. Barnes affirms, though not as including personal identity and the transfer of moral qualities, both of which are disclaimed by our standard writers, and by the General Assembly. In respect to the eighth charge, that Christ did not suffer the penalty of the law, as the vicarious substitute of his people, ]Mr. Barnes only de- nies the literal infliction of the whole curse, as including remorse of con- science and eternal death, but admits and teaches that the sufferings of Christ, owing to the union of the divine and human natures in the person of the Mediator, were a full equivalent. In respect to the ninth charge, that the righteousness of Christ is not imputed to his people, Mr. Barnes teaches the imputation of the right- eousness of Christ, but not as importing a transfer of Christ's personal righteousness to believers, which is not the doctrine of our Church. And when he says that there is no sense in which the righteousness of Christ becomes ours, the context and his own declarations show that he simply means to deny a literal transfer of his obedience ; which, on the contrary, he teaches is so imputed or set to our account as to become the only mer- itorious cause or ground of our justification. In respect to the tenth charge, Mr. Barnes has not taught that justifica- tion consists in pardon only, but has taught clearly that it includes the reception of believers into favor, and their treatment as if they had not sinned.— 1836, p. 287. 7. Testimony against Doctrinal Errors. The Assembly adopted that part of the report of the Committee on the memorial which relates to doctrinal errors, as follows, viz. : As one of the principal objects of the memorialists is to point out cer- tain errors more or less prevalent in our Church, and to bear testimony against them, your Committee are of oj)inion that as one great object of the institution of the Church was to be a depository and guardian of the truth, and as by the Constitution of the Presbyterian Church in the United States it is made the duty of the General Assembly to testify against error; therefore, resolved, that the testimony of the memorialists concerning doc- trine be adopted as the testimony of this General Assembly (with a few verbal altei-atioiis), which is as follows: 1. That God would have prevented the existence of sin in our world, but was not able without destroying the moral agency of man, or that, for aught that appears in the Bible to the contrary, sin is incidental to any wise moral system. 2. That election to eternal life is founded on a foresight of faith and obedience. 3. That we have no more to do with the first sin of Adam than with the sins of any other parent. 4. That infants come into the world as free from moi*al defilement as was Adam when he was created. 228 FORM OF GOVERNMENT. 5. That infants sustain the same relation to the moral government of God in this world as brute animals, and that their sufferings and death are to be accounted for on the same principles as those of brutes, and not by any means to be considered as penal. 6. That there is no other original sin than the fact that all the posterity of Adam, though by nature innocent or possessed of no moral character, will always begin to sin when they begin to exercise moral agency ; that original sin does not include a sinful bias of the human mind and a just exposure to penal suffering; and that there is no evidence in Scripture that infonts, in order to salvation, do need redemption by the blood of Christ and regeneration by the Holy Ghost. 7. That the doctrine of imputation, whether of the guilt of Adam's sin or of the righteousness of Christ, has no foundation in the word of God, and is both unjust and absurd. 8. That the sufferings and death of Christ were not truly vicarious and penal, but symbolical, governmental and instructive only. 9. That the impenitent sinner is by nature, and independently of the renewing influence or almighty energy of the Holy Spirit, in full posses- sion of all the abilitv necessary to a full compliance with all the commands of God. 10. That Christ does not intercede for the elect until after their regene- ration. 11. That saving faith is not an effect of the special operation of the Holy Spirit, but a mere rational belief of the truth or assent to the word of God. 12. That regeneration is the act of the sinner himself, and that it con- sists in a change of his governing purpose which he himself must pro- duce, and which is the result, not of any direct influence of the Holy Spirit on the heart, but chiefly of a persuasive exhibition of the truth analogous to the influence which one man exerts over the mind of an- other, or that regeneration is not an instantaneous act, but a progressive work. 13. That God has done all that he can do for the salvation of all men, and that man himself must do the rest. 14. That God cannot exert such influence on the minds of men as shall make it certain that they will choose and act in a particular manner with- out im]iairing their moral agency. 15. That the righteousness of Christ is not the sole ground of the sin- ner's acceptance with God, and that in no sense does the righteousness of Christ become ours. 16. That the reason why some differ from others in regard to their reception of the gospel is that they make themselves to differ. Against all tliese errors, whenever and wherever and by whomsoever taught, the Assembly would solemnly testify, and would warn all in con- nection with the Presbyterian Church against them. They would also enjoin it upon all the inferior judicatories to adopt all suitable measures to keep their members i)ure from opinions so dangerous. Especially does the Assembly earnestly enjoin on all the Presbyteries to guard Avith great cai-e the door of entrance to the sacred ofiice. Nor can the As- sembly regard as consistent with ministerial ordination vows an unwill- ingness to discipline according to the rules of the word of God and of our standards any person already a teacher who may give currency to the foregoing errors. Yeas 109; nays 6; nmi liquet 11. — 1837, pp. 468-470. OF THE GENERAL ASSEMBLY. 229 8. An Explication of Doctrines. [The following final article of a protest on the general action of the Assembly in reference to the " JMemorial" was ordered to be placed upon the minutes, viz. :] We protest finally, because, in view of all the circumstances of the case, we feel that while we were prevented from uniting in the final vote with the majority in their testimony against error, for tlie reasons above stated, we owe it to ourselves, to our brethren, to the Church and to the world to declare and protest that it is not because we do, directly or indirectly, hold or countenance the erroi's stated. We are willing to bear our testimony in full against them, and now do so, when, without misappre- hension and liability to have our vote misconstrued, we avow our real sentiments, and contrast them with tiie errors condemned, styling them, as we believe, the true doc- trine, in opposition to the erroneous doctrine condemned, as follows, viz. : First Error. "That God would have prevented the existence of sin in our world, but was not able without destroying the moral agency of man ; or that, for aught that appears in the Bible to the contrary, sin is incidental to any wise moral system." True Doctrine. God permitted the introduction of sin, not because he was unable to prevent it, consistently with the moral freedom of his creatures, but for wise and be- nevolent reasons which he has not revealed. Second Error. " That election to eternal life is founded on a foresight of faith and obedience." True Doctrine. Election to eternal life Is not founded on a foresight of faith and obedience, but is a sovereign act of God's mercy, whereby, according to the council of his own will, he hath chosen some to salvation; "yet so as thereby neither is vio- lence offered to the will of the creatures, nor is the liberty or contingency of second causes taken away, but rather established ;" nor does this gracious purpose ever take effi?ct independently of faith and a holy life. Third Error. "That we have no more to do with the first sin of Adam than with the sins of any other parent." True Doctrine. By a divine constitution, Adam was .so the head and representative of the race that, as a consequence of his transgression, all mankind became morally corrupt and liable to death, temporal and eternal. Fourth Error. " That infants come into the world as free from moral defilement as was Adam when he was created." True Doctrine. Adam was created in the image of God, endowed with knowledge, righteousness and true holiness. Inf:ints come into the world not only destitute of these, but with a nature inclined to evil, and only evil. Fifth Error. "That Infants sustain the same relation to the moral government of God in this world as brute animals, and that their sufferings and death are to be accounted for on the same principles as those of brutes, and not by any means to be considered as penal." True Doctrine. Brute animals sustain no such relation to the moral government of God as does the luunan family. Infants are a part of the luiman family; and their Bufferings and death are to be accounted for on the ground of their being involved in the general moral ruin of the race induced by the a|)ostasy. Sixth Error. "That there Is no other original sin than tlie fact that all the posterity of Adam, though by nature innocent, will always begin to sin when they begin to exercise moral agency; that original sin does not Include a sinful bias of the human mind and a Just exposure to penal suffering; and that there is no evidence In Scrip- ture that infants, in order to salvation, do need redemption by the blood of Christ and regeneration by the Holy Ghost." T/we Doctrine. Original sin Is a natural bias to evil, resulting from the first apos- tasy, leading invariably and certainly to actual transgression. And all Infants, as well as adults, In order to be saved, need redem[)tIon by the blood of Christ and re- generation by the Holy Ghost. Seventh Error. "That the doctrine of Imputation, whether of the guilt of Adam's sin or of the righteousness of Christ, has no foundation in the word (jf God, and is both unjust and absurd." True Doctrine. The sin of Adam is not imputed to his posterity in the sense of a literal transfer of personal qualities, acts and demerit; but by reason of the sin of Adam, in his peculiar relation, the race are treated as If they bad sinned. Nor Is the righteousness of Christ imputed to his people In the sense of a literal transfer of ];ersonal qualities, acts and merit; but by reason of his righteousness, In his peculiar relation, they are treated as if they were righteous. 230 FORM OF GOVEENMEXT. Eighth Error. " Tliat the sufferings and death of Christ were not truly vicarious and penal, but symbolical, governmental and instructive only." True Doctrine. Tlie sufferings and death of Christ were not symbolical, govern- mental and instructive only, but were truly vicarious — i. e., a substitute for the pun- ishment due to transgressors. And while Christ did not suffer the literal penalty of the Jaw, involving remorse of conscience and the pains of hell, he did offer a sacrifice which infinite wisdom saw to be a full equivalent. And by virtue of this atonement overtures of mere)' are sincerely made to the race, and salvation secured to all who believe. I^lnth Error. "That the impenitent sinner is by nature, and independently of the renewing influence or almighty energy of the Holy Spirit, in full possession of all the ability necessary to a full compliance with all the commands of God." True Doctrine. While sinners have all the faculties necessary to a perfect moral agency and a just accountability, such is their love of sin and opposition to God and his law that, independently of the renewing influence or almighty energy of the Holy .Spirit, they never will comply with the commands of God. TeiUli, Error. " That Christ does not intercede for the elect until after their regene- ration." True Doctrine. The intercession of Christ for the elect is previous as well as subse- quent to tiieir regeneration, as appears from the following Scripture, viz.: "I pray not for the world, but for them which thou hast given me, for they are thine. Neither pray I for these alone, but for them also which shall believe on lae through their word." Eleventh Error. " That saving faith is not an efTect of the operations of the Holy Spirit, but a mere rational belief of the truth or assent to the word of God." True Doctrine. Saving faith is an intelligent and cordial assent to the testimony of God concerning his Son, im[)lying reliance on Christ alone for pardon and eternal life, and in all cases it is an effect of the special operation of the Holy Spirit. Twelfth Error. "That regeneration is the act of the sinner liimself, and that it con- .sists in a change of his governing purpose which he himself must produce, and which is the result, not of any direct influence of the Holy Spirit on the heart, but chiefly of a persuasive exhibition of the truth, analogous to the influence which one man exerts over the mind of another, or that regeneration is not an instantaneous act, but a progressive work." True Doctrine. Regeneration is a radical change of heart,. produced by the special operations of the Holy Spirit, "determining the sinner to that which is good," and is in all cases instantaneous. Thirteenth Error. " That OJod has done all that lie can do for the salvation of all men, and that man himself must do the rest." True Doctrine. While repentance for sin and faith in Christ are indispensable to salvation, all who are saved are indebted from flrst to last to the grace and Spirit of (Jod. And the reason that God does not save all is not that he wants the power to do it, but that in his wisdom he does not see fit to exert that power further than he actually does. Eonrteenth Error. "That God cannot exert such influence on the minds of men as shall make it certain that they will choose and act in a particular manner without impairing their moral agency." True Doctrine. While the liberty of the will is not impaired, nor the established connection betwixt means and end broken by any action of God on the mind, he can influence it according to his pleasure, and does effectually determine it to good in all cases of true conversion. Fifteenth Err m: "That the righteousness of Christ is not the sole ground of the sinner's acceptance with God, and that in no sense does the righteousness of Christ become ours." True Doctrine. All believers are justified, not on the ground of personal merit, but solely on the ground of the obedience and death, or, in other words, the righteous- ness," of Christ. And while that righteousness does not become theirs in the sense of a literal transfer of personal qualities and merit, yet, from respect to it, God can and does treat them as if tliey were righteous. Sixteenth Error. " That the reason why .some differ from others in regard to their reception of the gospel is that they make themselves to differ." True Doctrine. Wliile all such as reject the gospel of Christ do it not by coercion, but freely, and all who eml)race it do it not by coercion, but freely, the reason why some differ from others is because God has made them to differ. George Duffield, E. W. Gilbert, Thomas Brown, Bliss Burnap, N. S. S. Beman, E. Cheever, E. Seymour, George Paiutei-, F, W. Graves, Obadiah Woodruff", N. C. Clark, OF THE GENERAL ASSEMBLY. 231 Robert Stuart, Nalium Gould, Absalom Peters, Alexander Camiibell. — 1837, pp. 484-486. 9. Testimony against Certain Disorders and. Irregularities. Whereas, it is represented to the Assembly that the following disorders and irregularities are practiced in some portions of the Presbyterian Church, the Assembly, without determining the extent of them, would solemnly warn all in our connection against them. They are as follows, viz.: 1. The formation of Presbyteries without defined and reasonable limits, or Presbyteries covering the same territory, and especially such a forma- tion founded on doctrinal repulsions or affinities, thus introducing schism into the very vitals of the body. 2. The licensing of persons to preach the gospel, and the ordaining to the office of the ministry such as not only accept of our standards merely for substance of doctrine, and others who are unfit and ought to be ex- cluded for want of qualification, but of many even who openly deny fun- damental principles of truth and preach and publish radical errors as already set forth, 3. The formation of a great multitude and variety of creeds which are often incomplete, false and contradictory of each other and of our Confes- sion of Faith and the Bible, but Avhich, even if true, are needless, seeing that the public and authorized standards of the Church are fully sufficient for the purposes for which such formularies were introduced — namely, as public testimonies of our faith and practice, as aids to the teaching of the people truth and righteousness, and as instruments for ascertaining and preserving the unity of the Spirit in the bonds of peace, it being under- stood that we do not object to the use of a brief abstract of the doctrines of our Confession of Faith in the public reception of private members of the Church, 4. The needless ordination of a multitude of men to the office of evan- gelist, and the consequent tendency to a general neglect of the pastoral office, frequent and hurtful changes of pastoral relations, to the multipli- cation of spurious excitements and the consequent spread of heresy and fanaticism, thus weakening and bringing into contempt the ordinary and stated agents and means for the conversion of sinners and the edification of the body of Christ, 5. The disuse of the office of ruling elder in portions of the Church, and the consequent growth of practices and principles entirely foreign to our system, thus depriving the pastors of needful assistants in discipline, the people of proper guides in Christ, and the churches of suitable representa- tives in the ecclesiastical tribunals. 6. The unlimited and irresponsible power assumed by several associa- tions of men under various names to exercise authority and influence, direct and indirect, over Presbyteries, as to their field of labor, place of residence and mode of action in the difficult circumstances of our Church, thus actually throwing the control of affairs in large portions of the Church, and sometimes in the General Assembly itself, out of the hands of the Presbyteries into those of single individuals or small committees located at a distance. The Assembly also considered that part of the repoi't of the Committee on the Memorial which relates to church order, and the following specifica- tion'of inegularity was referred to the Committee on Bills and Overtures, who were instructed to bring in an overture on the subject to be sent down to the Presbyteries, viz. : 2'y2 FORM OF GOVERX.MEXT. 8. A progressive change in the system of presbyterial representation in the General Assembly, which has been persisted in by those holding the ordinary majorities, and carried out into detail by those disposed to take undue advantage of existing opportunities, until the actual representation seldom exliibits the true state of the Church, and numy questions of the deepest interest have been decided contrary to the fairly-ascertained Avishes of the majority of the Church and people in our communion, thus virtually subverting the essential principles of freedom, justice and equality un which our whole system rests. — 1837, p. 471. [For testimonies of the Assembly against slavery, intemperance, vice and immorality, see under Book of Discipline, chap, i., sec. iii., at large.] 10. Power of the Assembly in Discipline. — Definitions and Lim- itations. [The following paper is inserted here as containing a very clear and probably undisputed statement of the power of the Assembly in dealing with any great moral evil similar in character or circumstance to that which called it forth.] Report of the Committee on the Constitutional Foicer of the General Assembly over the Subject of Slave-holding in our Churches. The report of the Committee was adopted, and is as follows : The Committee appointed by the last General Assembly " to report tc the next Assembly on the constitutional power of the Assembly over the subject of slave-holding in our churches," respectfully submit the follow- ing report : It should be observed at the outset that the Comn)ittee are instructed to repoi't on but a single point — that of " power." The question before them is not what it may be wise for the Assembly to do, not what in a particular case or in general (authorky being presupposed) would be for edification, but what is the " power of the Assembly in the matter of slave-holding?" This is a question which can l)e determined only by ref- erence to our form of government. The "power" on which we are to report is fitly designated as " constitutional." We are a constitutional body. No judicatory of our Church has any logitiniate functions save those which, either expressly or by clear implication, the Constitution con- fers. Emphatically should this be said of our highest judicatory, in view of the tendency of human nature in ecclesiastical connections to a grasping and tyrannous centralism. The one-man power at Konie is hardiv more abhoi'rent to the genius of Presbyterianism than would be a numyheadcd papacy under the name and form of a General Assembly. It should be remembered also that as a visible Chui'ch or particular denomination our Constitution is the sole bond of our union. We are united, externally and formally, only as that unites us. That, of course, must measure and limit the responi^ibility for each other which grows out of our union. Ko one part of our body can be held answerable for the evils in another which, by the terms of our onfedeiation, it has no power to reach. Their sole concern is with the relations of the Assend.)ly to the matter. To de- termine this point, we have only to ascertain what are the constitutional powers of that body in resj)ect to disciplinable offences generally. Its functions in this regard, we judge, are of two kinds — adviirBLY, 1873, p. 480.] John Watson et al. v. William A. Jones et al. [I. Where the pendency of prior suit is set up to defeat another, the case must be the same; there must be the same parties, or at least such as represent the same inte- rest ; there must be the same rights asserted and the same relief prayed for. 2. Where the subject-matter of dispute is sti'ictly and purely ecclesiastical in its cha- racter, a matter which concerns theological controversy, church discijiline, ecclesi- astical government, or the conformity of the members of the church to the standard of morals required of them, and the ecclesiastical courts claim jurisdiction, the civil courts will not assume jurisdiction ; they will not even inquire into the right of juris- diction of the ecclesiastical court. 3. A spiritual court is the exclusive judge of its own jurisdiction ; its decision of that question is binding on the secular courts.] Appeal from tlie Circuit Court of the United States for District of Kentucky. Opinion by Miller, J. This case belongs to a class, happily rare in our courts, in which one of the parties to a controversy, essentially ecclesiastical, resorts to the judicial tribunals of the State for the maintenance of the rights which the Cliurch has refused to acknowledge, or found itself unable to protect. Much as such dissensions among the members of a religious society should be regretted — a regret which is increased when, passing from the control of the judicial and legislative bodies of the entire organization to which the society belongs, an appeal is made to the secular authority — the courts when so called on must perform their functions as in other cases. 252 FORM OF GOVERNMENT. Religious organizations come before us in tlie same attitude as other voluntary associations for benevolent or charitable purposes, and their rights of property, or of contract, are equally under the protection of the law, and the actions of their members subject to its restraints. Conscious as we may be of the excited feeling engendered by this controversy, and of the extent to whicli it has agitated the intel- ligent and pious body of Christians in wliose bosom it originated, we enter upon its consideration with the satisfaction of knowing that the principles on which we are to decide so much of it as is proper for our decision are those applicable alike to all of its class, and that our duty is the simple one of applying those principles to the facts before us. It is a bill in chancery in the circuit court of the United States for the District of Kentucky, brought by William A. Jones, Mary J. Jones and EUenor Lee, citizens of Indiana, against John Watson and others named, citizens of Kentucky, and against the trustees of the Third or Walnut Street Presbyterian Church, in Louisville, a corpo- ration created by an act of the Legislature of that State. The trustees, McDougall, McPhcrson and Ashcraft, are also sued as citizens of Kentucky. Plaintiffs allege in their bill that they are members in good and regular standing of said church, attend- ing its religious exercises under the pastorship of the Rev. John S. Hays, and that the defendants, George Fulton and Henry Farley, who claim without right to be trustees of the church, supported and recognized- as such by the defendants, John Watson and Joseph Gault, who also without right claim to be ruling elders, are threatening, preparing and about to take unlawful possession of the house of worship and grounds belonging to the church, and to prevent Hays, who is the rightful pastor, from min- istering therein, refusing to recognize him as pastor, and to recognize as ruling elder Thomas J. Hackney, who is the sole lawful ruling elder ; and that, when they obtain such possession, they will oust Hays and Hackney and those who attend their min- istrations, among whom are complainants. And they further allege that Hackney, whose duty it is as elder, and McDougall, McPherson and Ashcraft, whose duty as trustees it is to protect the rights thus threat- ened, by such proceeding in the courts as will prevent the execution of the threats and designs of the other defendants, refuse to take any steps to that end. They further allege that the Walnut Street Church, of which they are members, now forms, and has, ever since its organization in the year 1842, formed, a part of the Presbyterian Church in the United States of America, known as the Old School, which is governed by a written constitution that includes the Confession of Faith, Form of Government, Book of Discipline and Directory for Worship, and that the governing bodies of the general Church, above the Walnut Street Church, are, in successive order, the Presbytery of Louisville, the Synod of Kentucky and the General Assembly of the Presbyterian Church in the United States. That while plaintifis and about one hundred and fifteen members who worship with them, and Mr. Hays, the pastor, Hackney, the ruling elder, and the trustees, McDougall, McPherson and Ashcraft, are now in full membership and relation with the lawful general Presbyterian Church aforesaid, the defendants named, with about thirty persons formerly members of said church, worshijaing under one Dr. Yandell as pastor, have seceded and withdrawn themselves from said Walnut Street Church and from the general Presbyterian Church in the United States, and have voluntarily connected themselves with, and are now members of, another religious society, and that they have rejiudiated, and do now repudiate and renounce, the authority and jurisdiction of the various judicatories of the Presbyterian Church in the United States, and acknowledge and recognize the authf)rity of other church judicatories which are disconnected from the Presbyterian Church in the United Slates and from the Walnut Street Church. And they allege that Watson and Gault have been, by order of the General Assembly of said church, dropped from the roll of elders of said church for having so withdrawn and renounced its jurisdiction, and the Assembly has declared the organization to whii'h idaintiU's adhere to be the true and only Walnut Street Presbyterian Church of Louisville. They pray for an injunction and for general relief. The defendants. Hackney, McDougall, McPherson and Ashcraft, answer, admitting the allegations of the bill, and that, though requested, they had refused to prosecute legal proceedings in the matter. The other defendants answer and deny almost every allegation in the bill. They claim to be lawful oflicers of the Walnut Street Presbyterian Churcli, and that they and those whom they represent are the true members of liie church. They deny having W'itlidrawn from the local or tiie general church, and deny that the action of the Gene- ral Assembly cutting them otl' was within its constitutional authority. They say the plaintifis are not, and never have been, lawfully admitted to membership in the Wal- imt Street Church, and have no such interest in it as will sustain this suit, and they OF THE GENERAL ASSEMBLY. • 253 set up and rely upon a suit ptilKpending in the cliancery court of Louisville, which they say involves the same subject-matter, and is between the same parties in interest as the present suit. They allege that in that suit they haye been decreed to be the only true and lawful trustees and elders of the Walnut Street Church, and an order has been made to place them in possession of the church property, which order remains unexecuted, and the proj^erty is still in the possession of the marshal of that court as its receiver. These facts are relied on in bar to the present suit. This statement of the pleadings is indispensable to an understanding of the points arising in the case. So far as an examination of the evidence may be necessary, it will be made as it is required in the consideration of these points. The first of these concerns the jurisdiction of the circuit court, which is denied; first, on the ground tliat the plaintiffs have no such interest in the subject of litigation , as will enable them to maintain the suit, and, secondly, on matters, arising out of the alleged proceedings in the suit in the chancery court of Louisville. The allegation that plaintiffs are not lawful members of the Walnut Street Church is based upon the assumption that their admission as members was by a pastor and elders who had no lawful authority to act as such. As the claim of those elders to be such is one of the matters which this bill is brought to establish, and the denial of which makes an issue to be tried, it is obvious that the objection to the interest of plain- tifl's must stand or fall with the decision on the merits, and cannot be decided as a preliminary question. Their right to have this question decided, if there is no other objection to the jurisdiction, cannot be doubted. Some attempt is made, in the answei-, to question the good faith of their citizenship, but this seems to have been abandoned in the argument. In regard to the suit in the chancery court of Louisville which the defendants allege to be pending, there can be no doubt but that court is one competent to enter- tain jurisdiction of all the matters set up in the present suit. As to those matters, and to the parties, it is a court of concurrent jurisdiction with the circuit court of the United States, and as between those courts the rule is applicable that the one which has first obtained jurisdiction in a given case must retain it exclusively until it disposes of it by a final judgment or decree. But when the pendency of such a suit is set up to defeat another, the case must be the same. There must be the same parties, or at least such as represent the same in- terest, there must be the same rights asserted and the same relief prayed for. This relief must be founded on the same facts, and the title or essential basis of the relief sougiit must be the same. The identity in these particulars should be such tliat, if the pending case had already been disposed of, it could be pleaded in bar as a former adjudication of the same matter between the same parties. In the case of Barrow v. Kindred, 4 Wallace, 397, which was an action of eject- ment, tiie plaintiff showed a good title to the land, and defendant relied on a former judgment in his favor, between the same parties for the same land, the statute of Illi- nois making a judgment in such an action as conclusive as in other personal actions, except by way of new trial. But this court held that, as in the second suit, plaintifl[" introduced and relied upon a new and different title, acquired since the first trial, that jndgincnt could be no bar, because that title had not been passed upon by the court in the first suit. But the principles which should govern in regard to the identity of the matters in issue in the two suits, to make the pendency of the one to defeat the othei-, are as fully discussed in the case of Buck v. Colbath, 3 Wallace, 334, where that was the main question, as in any case we have been able to find. It was an action of trespass, bi ought in a State court, against the marshal of the circuit court of the United S;:ites for seizing property of plaintiff, under a writ of attachment from the circuit court. And it was brought while the suit in the Federal court was still pending, and while the marshal held the property subject to its judgment. So far as the lis pen- r/ci.s and possession of the property in one court, and a suit brought for the taking by its officer in another, the analogy to the present case is very strong. In that case the coiu-t said : " It is not true that a court, having obtained jurisdiction of a subject- matter of suit, and of parties before it, thereby excludes all other courts from the right to adjudicate upon other matters having a very close connection with those before the first court, and in some instances requiring the decision of the same ques- tion exactly. In examining into the exclusive character of the jurisdiction in such cases, we nuist have regard to the nature of the remedies, the character of the relief sought, and the identity of the parties in the different suits." And it might have been added, to the facts on whicii the claim for relief is founded. "A party," says the court by way of example, ''having notes secured by a mort- 254 FORM OF GOVERNMENT. gage on real estate, may, unless restrained by statute, sue in a court of chancery to foreclcfe his mortgage, and in a court of law to recover a judgment on his note, "and in another court of law in an action of ejectment for possession of the land. Here, in all the suits, the only question at issue may be the existence of the debt secured by the mortgage. But as tlie relief sought is different, and the mode of proceeding different, the jurisdiction of neither court is affected by the proceedings in the other." This opinion contains a critical review of the cases in this court of Hagan v. Lucas, 10 Peters, 402; Peck v. Jenness, 7 How., 624; Taylor v. Carry, 20 How., 594; and Freeman v. Howe, 24 How., 450, cited and relied on by counsel for appellants; and we are satisfied it states the doctrine correctly. The limits which necessity assigns to this opinion forbid our giving at length the pleadings in the case in the Louisville chancery court. But we cannot better state what is and what is not the subject-matter of that suit or controversy, as thus pre- sented and as shown throughout its course, than by adopting the language of the court of appeals of Kentucky, in its opinion delivered at the decision of that suit in favor of the present appellants. "As suggested in argument," says the court, "and apparently conceded on both sides, this is not a case of division or schism in a church, nor is there any question as to which of two bodies should be recognized as the Third or Walnut Street Presbyterian Church. Neither is there any controversy as to the authority of Watson and Gault to act as ruling elders, but the sole inquiry to which we are restricted in our opinion is whether Avery, McXaugliton and Leech are also ruling elders, and therefore members of the session of the church." The summary which we have already given of the pleadings in tlie present suit shows conclusively a different state of facts, different issues and a different relief sought. This is a case of division or schism in the church. It is a question as to which of two bodies shall be recognized as the Tliird or Walnut Street Presbyterian Church. There is a controversy as to the authority of Watson and Gault to act as ruling elders, that authority being denied in the bill of complainants, and so far from the claim of Avery, McNaughton and Leech to be ruling elders being the sole inquiry in this case, it is a very subordinate matter, and it depends upon facts and circum- stances altogether different from those set up and relied on in the other suit, and which did not exist when it was brought. The issue here is no longer a mere question of eldership, but it is a separation of the original church members and officers into two distinct bodies, with distinct members aiid officers, each claiming to be the true Wal- nut Street Presbyterian Church, and denying the right of the other to any such claim. This brief statement of the issues in the two suits leaves no room for argument to show that the pendency of the first cannot be pleaded either in bar or in abatement of the second. The supplementary petition filed by plaintiffs in that case, after the decree of the chancery court had been reversed on appeal, and which did contain very much the same matter found in the present bill, was, on motion of plaintiff's counsel, and by order of the court, dismissed, without prejudice, before this suit was brought, and of course was not a lis pendens at that time. It is contended, however, that tlie delivery, to the trustees and elders of the body of which plaintiffs are members, of the possession of the church building, cannot be granted in this suit, nor can the defendants be enjoined from taking possession as prayed in the bill, because the property is in the actual possession of the marshal of the Louisville chancery court as its receiver, and because there is an unexecuted decree of that court ordering the marshal to deliver the possession to defendants. In this the counsel for appellants are, in our opinion, sustained, both by the law and the state of the recoi'd of the suit in that court. The court, in the progress of that suit, made several orders concerning the use of the church, and finally placed it in the jiossession of the marshal as a receiver, and there is no order discharging his receivership; nor does it seem to us tliat there is any valid order finally disposing of the case so that it can be said to be no longer in that court. For though the chancery court did, on tlie 20th of March, 18t)7, after the re- versal of the case in the court of appeals, enter an order reversing its former decree and dismissing the bill, with costs, in favor of tlie defendants, the latter, on application to the appellate court, obtained another order dated June 26th. By this order or man- date to the chancery court it was directed to render a judgment in conformity to the opinion and mandate of the court, restoring possession, use and control of the church property to the parties entitled tiiereto according to said opinion, and so far as they were deprived thereof by the marshal of the chancery court luider its order. In obedience to this mandate tlie chancery court, on the 18th of September, three months after the commencement of this suit, made an order that tlie marsiial restore the possession, use and control of the church building to Henry Farley, George Ful- OF THE GENERAL ASSEMBLY. 255 ton, B. F. Avery, or a majority of them, as trustees, and to John Watson, Joseph Ganlt and Thomas J. Hackiiey, or a majority of them, as ruling elders, and to rejoort how he had executed the order, and reserving tlie case for such further order as might be necessary to enforce full obedience. It is argued here by counsel for appellees that the case was, in eifect, disposed of by the order of the chancery court, and nothing remained to be done which could have any practical operation on the rights of the parties. But if the court of appeals, in reversing the decree of the chancellor in favor of plaintitls, was of opinion that the defendants should be restored to the position they occupied in regard to the possession and control of the property before that suit began, we have no doubt of their right to make such order as was necessary to effect that object; and as the proper mode of doing this was by directing the chancellor to make the necessary order and have it enforced as chancery decrees are enforced in his court, we are of opinion that the order of the court of appeals above recited was, in essence and effect, a decree in that cause for such restoration, and that the last order of the chancery court, made in accordance with it, is a valid subsisting decree, which, though final, is imexecuted. Tiie decisions of this court in the cases of Taylor v. Carryl, 20 How., 594, and Free- man V. Howe, 24 How., 450, and Burk v. Colbath, 5 Wallace, are conclusive that the marshal of the chancery court cannot be displaced as to the mere actual possession of the property, because that might lead to a personal conflict between the oificers of the two courts for that possession. And the act of Congress of March 2d, 1793, 1 U. S. Statute, 334, § 5, as construed in the cases of Diggs v. Walcott, 4 Cranch, 129, and Peck V. Jenness, 7 How., 625, are equally conclusive against any injunction from the circuit court forbidding the defendants to take the possession wiiicli the unexecuted decree of the chancery court requires the marshal to deliver to them. But though the. prayer of the bill in this suit does ask for an injunction to restrain Watson, Gault, Fulton and Farley from taking possession, it also prays such other and further relief as the nature of the case requires, and especially that said defend- ants be resti'ained from interfering with Hays, as pastor, and plaintiffs in worshiping in said church. Under this prayer for general relief, if there was any decree which the circuit court could render for the protection of the right of plaintifl\s, and which did not enjoin tiie defendants from taking possession of the church property, and which did not disturb tiie possession of the marshal of the Louisville chancery, that court had a right to hear tiie case and grant that relief This leads us to inquire what is the nature and character of the possession to which those parties are to be restored. One or two propositions, whicli seem to admit of no controversy, are proper to be noticed in this connection. 1. Both by the act of the Kentucky Legislature creating the trustees of the ciiurch a body corporate, and by the acknowledged rules of the Presl)yterian Church, the trustees were the mere nominal title-holders and custodians of tlie church property, and other trustees were or could be elected by the congrega- tion to supply their places once in every two years. 2. That in the use of the prop- erty for all religious services or ecclesiastical purposes, the trustees were under the control of tlie church session. 3. That by the constitution of all Presbyterian ciiurches, tlie session, which is the governing body in each, is composed of the rtiling elders and pastor, and in all business of the session a majority of its members govern, the number of elders for each congregation being variable. The trustees obviously hold possession for the use of the persons who, by the consti- tution, usages and laws of the Presbyterian body, are entitled to that use. They are lial)le to removal by tiie congregation for whom they hold this trust, and others may be substituted in their places. They have no personal ownership or right beyond tills, and are subject, in their official relations to the property, to the control of tlie session of the churcii. The possession of the elders, tliough accompanied with larger and more efficient powers of control, is still a fiduciary possession. It is as a session of the church alone that they could exercise power. Except by an order of the session in regular meet- ing, tiiey have no right to make any order concerning the use of the building, and any action of the session is necessarily in the character of representatives of the church body by whose members it was elected. If, then, this true body of the churcli — the members of that congregation — having rights of user in the building, have, in a mode which is authorized by the canons of the general Church in tiiis country, elected and installed other elders, it does not seem to us inconsistent or at variance witli the nature of the possession which we have de- scribed, and which tlie chancery court orders to be restored to the defendants, that they phould be compelled to recognize these rights, and permit those who are the real beu- 256 FORM OF GOVERNMENT. eficiaries of the trust lield by them, to enjoy the uses, to protect which tliat trust was created. Undoubtedly, if tlie order of the chancery court had been executed, and the marshal liad delivered the key of the church to defendants, and placed them in the same position they were before that suit was commenced, they could in any court having jurisdiction, and in a case properly made out, be compelled to respect the rights ■we have stated, and be controlled in their use of the possession by the court, so far as to secure those rights. All that we have said, in regard to the possession which the marshal is directed to deliver to defendants, is equally applicable to the possession held by him pending the execution of that order. His possession is a substitute for theirs, and the order under which he receives that possession, which we have recited, shows this very clearly. The decree which we are now reviewing seems to us to be careftilly framed on this view of the matter. While the rights of plaintiffs and those whom they sue for are admitted and established, the defendants are still recognized as entitled to the posses- sion which we have described ; and while they are not enjoined from receiving that possession from the marshal, and he is not restrained from obeying tlie chancery court by delivering it, and wliile diere is no order made on the marshal at all to interfere with his possession, the defendants are required by the decree to respect the rights of plaintifls, and to so use the possession and control to which they may be restored as not to hinder or obstruct the true uses of the trust which that possession is intended to protect. We are next to inquire wjiether the decree thus rendered is based upon an equally just view of the law as a]>plied to the facts of this controversy. These, though making up a copious record of matter by no means pleasant reading to the sincere and thought- ful Christian pliilanthropist, may be stated with a reasonable brevity, so far as they bear upon the principles which must decide the case. From the couimencement of the late war of the insurrection to its close the General Assembly of the Presbyterian Church at its annual meetings expressed, in declaratory statements or resolutions, its sense of the obligation of all good citizens to support the Federal government in that struggle ; and when, by the proclamation of President Lincoln, emancipation of the slaves of the States in insurrection was announced, that body also expressed views favorable to emancipation and adverse to the institution of slavery. And at its meeting in Pittsburg in May, 18G5, instructions were given to the Presbyteries, the Board of Missions, and to the sessions of the churches, that when any persons from the Southern States should make application for employment as missionaries, or for admission as members or ministers of churches, inquiry should be made as to their sentiments in regard to loyalty to the government and on the subject of slavery ; and if it was found that they had been guilty of voluntarily aiding the war of the rebellion, or held the doctrine announced by the large body of the churches in the insurrectionary States which had organized a new General Assembly that "the system of negro slavery in the South is a divine institution, and that it is the peculiar mission of the Southern Church to conserve that institution," they should be required to repent and forsake these sins before they could be received. In the month of September thereafter, the Presbytery of Louisville, under whose immediate jurisdiction was the Walnut Street Church, adopted and published in pamphlet form what it called a "Declaration and Testimony against the erroneous and lieretical doctrines and practices which have obtained and been prop;igated in the Presbyterian Church of the United States during the last five years." This decla- ration denounced, in the severest terms, the action of the General Assembly in the matters we have just mentioned, declared tlieir intention to refuse to be governed by that action, and invited the co-operation of all members of the Presbyterian Church who shared the sentiments of the declaration in a concerted resistance to what they called the usurpation of authority by the Assembly. It is use.cns to pursue the history of this controversy further with minuteness. The General Assembly of 1866 denounced the Declaration and Testimony, and declared that every Presbytery which refused to obey its order should be ipso facto dis- solved, and called to answer before the next General Assend.>ly, giving the Louisville Presbytery an opi)ortunity for repentance and conforniity. The Louisville Presby- tery divided, and the adherents of the Declaration and Testimony sought and obtained admission, in 1868, into " the Presbyterian Church of the Conlcderate States," of which we have already spoken as having several years previously withdrawn from the Gene- ral Assembly of the United States and set up a new organization. We cannot better state the results of these proceedings upon the relations of the church organizations and members, to each other and to this controversy, than in the language of tlie brief of apj)ellants' counsel in this court. In January, 1866, the congregation of the Walnut Street Church became divided OF THE GENERAL ASSEMBLY. 257 in the manner stated above, each claiming to constitute the church, although the issue as to membersliip was not distinctly made in the chancery suit of Avery v. Watson. Both parties at this time recognized the same superior church judicatories. On the 19th of Jime, 1866, the Synod of Kentucky became divided, the opposing par- ties in each claiming to constitute respectively the true Presbytery and the true Synod, each meanwhile recognizing and claiming to adliere to the same General Assembly. Of these contesting bodies the appellants adhered to one, the appellees to the other. On the 1st of June, 1867, the Presbytery and Synod recognized b}' the appellants were declared by the General Assembly to be "in no sense a true and lawfid Synod and Presbytery in connection with and under the care and authority of the General Assembly of the Presbyterian Church in the United States of America," and were permanently excluded from connection with or representation in the Assembly. By the same resolution the Synod and Presbytery adhered to by appellees were declared to be the true and lawful Presbytery of Louisville and Synod of Kentucky. The Synod of Kentucky, thus excluded, by a resolution adopted the 28"th of June, 1867, declared "that in its future action it will be governed by this recognized sun- dering of all its relations to the aforesaid revolutionary body (the General Assembly) by the acts of that body itself." The Presbytery took substantially the .same action. In this final severance of Presoytery and Synod from the General Assembly, the appellants and ajjpellees continued to adhere to those bodies at first recognized by them respectively. In the earliest stages of this controversy it was found that a majority of the mem- bers of the Walnut Street Church concurred with the action of the General Assem- bly, while Watson and Gault as ruling elders, and Fulton and Farley as trustees, constituting, in each case, a majority of the session and of the trustees, with Mr. McEIroy, the pastor, sympathized with the party of the declaration and testi- mony of the LouLsville Presbytery. This led to etibrts by each party to exclude the other from participation in the session of the church and the use of the property. This condition of affairs being brought before the Synod of Kentucky before any separation, that body appointed a commission to hold an election, by the members of the Walnut Street Church, of ihree additional ruling elders. Watson and Gault refused to open the church for the meeting to hold its election, but the majority of the members of the congregation, meeting on the sidewalk in front of the church, organized and elected Avery, Leech and McNaughton additional ruling elders, who, if lawful elders, constituted, with Mr. Hackney, a majority of the session. Gault and Watson, Farley and Fulton refused to recognize them as such, and hence the suit in the chancery court of Louisville, which turned exclusively on that question. The newly-elected elders and tl.e majority of the congregation have adhered to, and been recognizeil by, the General Assembly as the regular and lawful Walnut Street Church and officers, and Gault and XVatson, Fulton, Farley and a minority of the members, have cast their fortunes with those who adhered to the declaration and testimony party. The division and separation finaily extended to the Presbytery of Louisville and the Synod of Kentucky. It is now complete and apparently irreconcilable, and we are called upon to declare tlie beneficial uses of the church property, in this condition of total separation between the members of what was once a united and harmonioHS congregation of the Presbyterian Church. The questions which have come before the civil courts concerning the rights to property held by ecclesiastical bodies may, so far as we iiave been able to examine them, be profitably classified under three general heads, which, of course, do not include cases governed liy considerations applicable to a Church established and sup- ported by law as the religiou of the State: 1. The first of these is when the property which is the subject of controversy has been, by the deed or will of the donor, or other instrument by which the property is held by the express terms of the instrument, devoted to the teaching, support or spread of some specific form of religious doctrine or belief. 2. The second is when the property is held by a religious congregation which, by the nature of its organization, is strictly independent of other ecclesiastical associa- tions, and so far as church government is concerned owes no fealty or obligation to any higher authority. 3. The third is where the religious congregation or ecclesiastical body holding the property is but a subordinate member of some general Church organization, in which there are superior ecclesiastical tribunals, with a general and ultimate power of control, more or less complete, in some supreme judicatory, over the whole mem- bership of that general organization. In regard to the first of these classes, it seems hardly to admit of a rational doubt 33 258 FORM OF GOVERNMENT. that an individual or an association of individuals may dedicate property by way of trust to the purpose of sustaining, supporting and propagating definite religions doc- trines or principles, provided that in doing so they violate no law of morality, and give to tiie instrument by which their purpose is evidenced the formalities which the laws require. And it would seem also to be the obvious duty of the court, in a case properly made, to see that the property so dedicated is not diverted from the trust >s-hich is thus attached to its use. So long as there are persons qualified within the meaning of the original dedication, and who are also willing to teach the doctrines or principles prescribed in the act of dedication, and so long as there is any one so interested in the execution of the trust as to have a standing in court, it must be that they can prevent tiie diversion of tiie property or fund to other and different uses. This is the general doctrine of courts of equity as to charities, and it seems equally appli- cable to ecclesiastical matters. In such case, if the trust is confided to a religions congregation of the Independent or Congregational form of church government, it is not in the power of the majority of that congregation, however preponderant, by reason of a change of views on relig- ious subjects, to carry the property so confided to them to the support of new and con- flicting doctrine. A pious man, building and dedicating a Iiouse of worship to the sole and exclusive use of those who believe in the doctrine of the Holy Trinity, and placing it under the control of a congregation which at the time holds the same be- lief, has a right to expect that the law will prevent that property from being used as a means of support and dissemination of the Unitarian doctrine and as a place of Unitarian worship. Nor is the principle varied when the organization to which the trnst is confided is of the second or associated form of church government. The protection which the law throws around the trust is the same. And though the task may be a delicate one and a diflicult one, it will be the duty of the court in such cases, wiien the doctrine to be tauglit or the form of worship to be used is definitely and clearly laid down, to inipiire whether the party accused of violating the trust is holding or teaching a different doctrine or using a form of wor- ship which is so far variant as to defeat the declared objects of the trust. In the lead- ing case on ibis subject in the English courts, of the Attorney General v. Pearson, 3 Merrivale, 353, Lord Eldon said, " I agree with the defendants that the religious be- lief of the parties is irrelevant to the matters in dispute, except so far as the king's court is called upon to execute the trust." This was a case in which the trust deed declared the house which was erected under it was for the worship and service of God. And though we may not be satisfied with the very artificial and elaborate argument by which the chancellor arrives at the conclusion — that because any other view of the nature of tlie Godhead than the Trinitarian view was heresy by the laws of England, and any one giving expression to the Unitarian view was liable to be severely punished for heresy by the secular .courts, at tlie time the deed was made, that the trust was, therefore, for Trinitarian worship — we may still accept the statement that the court has the right to enforce a trust clearly defined on such a subject. The case of Miller r. Gable, 2 Denio, 492, appears to have been decided in the court of errors of New York on this principle, sfi far as any ground of decision can be gathered from the opinions of the majority of the court as reported. The second class of cases which we have described has reference to the case of a church of a strictly congregational or independent organization, governed solely ■within itself, either by a majority of its members or by such other local organism as it may have instituted for the purpose of ecclesiastical government ; and to projierty held by such a cbiu'ch, either by way of purchase or donation, with no other specific trust attached to it in the hands of the church, than that it is for the use of that con- gregation as a religious society. In such cases, where there is a schism which leads to a separation into distinct and conflicting bodies, the rights of such bodies to the use of the i)roperty must be deter- mined by the ordinary principles which govern voluntary associations. If the prin- ciple of government in such cases is that the majority rules, then the numerical ma- jority of members must control the right to the use of the property. If there be ■within the congregation ofiicers in whom are vested tiie powers of such control, then those who adhere to the acknowledged organism by which the body is governed are entitled to the use of the property. The minority, in choosing to separate themselves into a distinct body, and refusing to recognize the authority of the governing body, can claim no rights in the property from the fact that they had once been members of the churcli or congregation. This ruling admits of no inquiry into the existing religious opinions of those who comprise the legal or regular organization ; for if such was permitted, a very small minority, without any oflicers of the chui-ch among tliem, might be found to be the OF THE GENERAL ASSEMBLY. 259 only faithful supporters of the religiouf? dogmas of the founders of the church. There being no sucli trust imposed upon the property when purchased or given, the court will not imply one for the purpose of expelling from its use those who, by reg- ular succession and order, constitute tlie church, because they may have clianged in some respect their views of religious truth. Of the cases in whicii this doctrine is applied, no better representative can be found than that of Shannon v. Frost, 3 B. Monro, 253, where the principle is ably supported by the learned chief justice of the court of appeals of Kentucky. The case of Smith v. Nelson, 18 Verm., oil, asserts this doctrine in a case where a legacy was left to the associate congregation of Ryegate, the interest whereof was to be annually paid to their minister for ever. In tliat case, tliougli the Ryegate congre- gation was one of a number of Presbyterian churches connected with the general Presbyterian body at large, the court held tliat the only inquiry was whether the society still exists, and whether they have a minister chosen and appointed by the majority and regularly ordained over the society, agreeably to the usage of that de- nomination. And though we may be of opinion that the doctrine of tliat case needs modifica- tion so far as it discusses the relation of tiie Ryegate congregation to the other judica- tories of the body to which it belongs, it certainly lays down the principle correctly if that congregation was to be treated as an independent one. But the third of these classes of cases is tlie one which is oftenest found in the courts, and which, with reference to the number and difficulty of the questions involved and to other considerations, is every way the most important. It is the case of property acquired in any of llie usual modes for the general use of a religious congregation whicli is itself part of a large and general organization of some religious denomination, with which it is more or less intimately connected by religious views and ecclesiastical government. The case before us is one of this class, growing out of a schism which has divided the congregation and its officers and tiie Presbytery and Synod, and which appeals to the courts to determine the right to the use of the property so acquired. Here is no case of property devoted for ever by the instrument which conveyed it, or by any specific declaration of its owner, to the support of any special religious dogmas or an}' peculiar form of worship, but of property purchased for the use of a religious congregation ; and so long as any existing religious congregation can be ascertained to be that congregation or its regular and legitimate successor, it is entitled to the use of the pi'operty. In the case of an independent congregation, we have pointed out how this identity or succession is to be ascertained, but in cases of this character we are bound to look at the fact that the local congregation is itself but a member of a much larger and more important religious organization, and is imder its government and control, and is bound by its orders and judgments. There are in the Presbyte- rian system of ecclesiastical government, in regular succession, the Presbytery over the session or local churcii, the Synod over the Presbytery, and the General Assembly over all. These are called, in the language of the Churcli organs, judicatories, and they entertain appeals from the decisions of those below, and prescribe corrective measures in other cases. In this class of cases we think the rule of action which sliould govern the civil courts, founded in a broad and sound view of the relations of Church and State under our system of laws, and supported by a preponderating weight of judicial authority, is that, whenever the questions of discii)line or of fiiith or ecclesiastical rule, custom or law, have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them in their application to the case before them. We concede at the outset that the doctrine of the English courts is otherwise. In the case of the attorney general against Pearson, cited before, the proposition is laid down by Lord Eldon and sustained by the peers that it is the duty of the court in sucli cases to inquire and decide for itself not only what was tlie nature and power of these churcli judicatories, but what is the true standard of faith in tlie church organ- ization, and which of the contending parties befoie the court holds to this standard. And in the subsequent case of Craigdallie v. Aikraan, 2 Bligh, 529, the same learned judge expresses in strong terms his chagrin that the court of sessions of Scotland, from which the case had been appealed, had failed to find on this latter subject, so that he could rest the case on religious belief, but had declared that in this matter there was no difference between the parties. And we can very well understand how the lord chancellor of England, who is, in his office, in a large sense, the head and representative of the Established Church, who controls very largely the Churcli patronage, and whose judicial decision may be, and 260 FORM OF GOVERXMENT. not infrequently is, invoked in cases of heresy and ecclesiastical contumacy, should feel, even in dealing with a dissenting church, but little delicacy in grappling with the most abstruse problems of theological controversy, or in construing the instruments which those churches have adopted as their rules of government, or inquiring into their customs and usages. The dissenting church in England is not a free church, in tlie sense in which we apply the term in this country ; and it was much less free in Lord Eldon's time than now. Laws then existed upon the statute-book hampering the free exercise of religious belief and worship in many most oppressive forms ; and though Protestant dissenters were less burdened than Catholics and Jews, there did not exist that full, entire and practical freedom for all forms of religious belief and practice which lies at the foundation of our political principles. And it is quite ob- vious, from an examination of the series of cases growing out of the organization of the Free Church of Scotland, found in Shaw's reports of cases in the court of sessions, that it was only under the pressure of Lord Eldon's ruling, established in the House of Lords, to which final appeal lay in such cases, that the doctrine was established in the court of sessions after no little struggle and resistance. The full history of the case of Craigdallie v. Aikman in the Scottish court, which we cannot further pursue, and the able ojtinion of Lord Meadowbank in Galbraith v. Smith, 15 Shaw, 808, show this conclusively. In this country the full and free right to entertain any religious belief, to practice any religious principle, and to teach any religious doctrine which does not violate the laws of morality and property, and which does not infringe personal rights, is con- ceded to all. The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. The right to organize voluntary religious associations, to assist in the expression and dissemination of any religious doctrine, and to create tribunals for the decision of controverted questions of faith within the association, and for the ecclesiastical government of all the individual members, congregations and ofiicers within the general association, is unquestioned. All who unite themselves to such a body do so with an implied consent to this government, and are bound to sub- mit to it. But it would be a vain consent, and would lead to the total subversion of such religious bodies, if any one aggrieved by one of their decisions could appeal to the secular courts and have them reversed. It is of the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organism itself provides for. Kor do we see that justice would be likely to be promoted by submitting those de- cisions to review in the ordinary judicial tribunal. Each of these large and influen- tial bodies (to mention no others, let reference be had to the Protestant Episcopal, the Methodist Episcopal and the Presbyterian Churches) has a body of constitutional and ecclesiastical law of its own, to be found in their written organic laws, their books of discipline, in their collections of precedents, in their usage and customs, which as to each constitute a system of ecclesiastical law and religious faith that tasks thf ablest minds to become familiar with. It is not to be supposed that the judges of the civil courts can be as competent in the ecclesiastical law and religious faith of all these bodies as the ablest men in each are in reference to their own. It would, therefore, be an appeal from the more learned tribunal in the law which should decide the case to one which is less so. "We have said that these views are supported by the preponderant weiglit of author- ity in this country; and for the reasons which we have given, we do not think the doctrines of the English chancery court on this subject should have with us the inllu- ence which we would cheerfully accord to it on others. We have already cited the case of Shannon v. Frost, 3 Ben. Monro, in which the appellate court of the State, where this controversy originated, sustains the propo- sition clearly and fully. "This court," says the chief justice, "having no ecclesias- tical jurisdiction, cannot revise or question ordinary acts of church discipline. Our only judicial power in the case arises from the conflicting claims of the pai'ties to the church property and tiie use of it. We cannot decide who ought to be members of the church, nor whether the excommunicated have been justly or unjustly, regularly or irregularly, cut ofi' from the body of the church." In the subsequent case of Ciibson v. Armstrong, 7 B. Monro, 481, which arose out of the general division of the ^Methodist Episcopal Church, we understand the same principles to be laid down as governing that case; and in the case of Watson r. Avery, 2 Bush., 332, the case relied on by ajipellants as a bar, and considered in the former part of this opinion, the doctrine of Shannon v. Frost is in general terms conceded, while a distinction is attempted which we sjiall consider hereafter. One of the most careful and well-considered judgments on the subject is that of the OF THE GENERAL ASSEMBLY. 261 court of appeals of South Carolina, delivered by Chancellor Johnson, in the case cf Harmon v. Dreher, 2 Speer's Eq., 87. The case turned upon certain rights in the use of the church property claimed by the minister, notwithstanding his expulsion from the synod as one of its members. " He stands," says the chancellor, " convicted of the offences alleged against him, bv the sentence of the spiritual body of which he was a voluntary member, and by whose proceedings he had bound himself to abide. It belongs not to the civil power to enter into or review the proceedings of a spiritual court. The structure of our gov- ernment has, for the preservation of civil liberty, rescued the temporal institutions from religious interference. On the other hand, it has secured religious liberty from the invasion of the civil authority. The judgments, therefore, of religious associa- tions bearing on their own members are not examinable here, and 1 am not to inquire whether the doctrines attributed to Mr. Dreher were held by him, or whether if held were anti-Lutheran, or whether his conduct was or was not in accordance with the duty he owed to the Synod or to his denomination. . . . When a civil right- depends upon an ecclesiastical matter, it is the civil court, and not the ecclesiastical, which is to decide. But the civil tribunal tries the civil right and no more, taking the ecclesias- tical decisions out of which the civil right arises as it finds them." The principle is reaffirmed by the same court in the John's Island Church case, 2 Richardson Eq., 215. In Den v. Bolton, 7 Halstead, 206, the supreme court of New Jersey_ asserts the same principles; and though founding its decision mainly on a statute, it is said to be true on general principles. Tiie supreme court of Illinois in the case of Ferraria v. Vaucancelles, 25 111., 456, refers to the case of Shannon v. Frost, 3 B. Monro, with approval, and adopts the language of the court, that "the judicial eye cannot penetrate the veil of the Church for the forbidden purpose of vindicating the alleged wrongs of excised members; when they became members, they did so upon the condition of continuing or not as they and their churches might determine, and they thereby submit^ to the ecclesiasti- cal power, and cannot now invoke the supervisory power of the civil tribunals." In the very important case of Chase v. Cheny, recently decided inthe same court, Judge Lawrence, who dissented, says, we understand the opinion as implying that in the administration of ecclesiastical discipline, and where no other right of propertyis involved than loss of the clerical office or salary incident to such discipline, a spirit- ual court is the exclusive judge of its own jurisdiction, and that its decision of that question is binding on the secular courts. And he dissents with Judge Sheldon from the opinion because it so holds. In the case of Watson v. Farris, 45 Missouri, 183, which was a case growing out of the schism in the Presbyterian Church in Missouri in regard to this same declaration and testimony and the action of the General Assembly, that court held that whether a case was regularly or irregularly before the Assembly was a question which the Assembly had the right to determine for itself, and no civil court could reverse, mod- ify or impair its action in a matter of merely ecclesiastical concern. "We cannot better close this review of the authorities than in the language pf the supreme court of Pennsylvania in the case of the German Reformed Church v. Siebert, 5 Barr, 291 : "The decisions of ecclesiastical courts, like every other judicial tribunal, are final, as tliey are the best judges of what constitutes an offence against the word of God and the discipline of the Church. Any other than those courts must be incompe- tent judges of matters of faith, discipline and doctrine ; and civil courts, if they should be so unwise as to attempt to supervise their judgments on matters which come within their jurisdiction, would only involve themselves in a sea of uncertainty and doubt which would do anything but improve either religion or good morals." In the subsequent case of McGinnis v. Watson, 41 Pemi. Stat., 21, this principle is again applied and supported by a more elaborate argument. The court of appeals of Kentucky, in the case of Watson v. Avery, before referred to, while admitting the general principle here laid down, maintains that when a de- cision of an ecclesiastical tribunal is set up in the civil courts it is always open to in- quiry whether the tribunal acted within its jurisdiction; and if it did not, its decisions could not be conclusive. There is, perhaps, no word in legal terminology so frequently used as the word jurisdiction, so capable of use in a general and vague sense, and which is used so often by men learned in the law without a due regard to precision in its application. As regards its use in the matters we have been discussing, it may very well be con- cededthatif the General Assembly of the Presbyterian Church should undertake to try one of its members for murder, and punish him with death or imprisonment, its sentence would be of no validity in a civil court or anywhere else. Or if it should, at the instance of one of its members, entertain jurisdiction as between him and another 262 FORM OF GOVERNMENT. member as to their individual right to property, real or per:*onal, the right in no sense depending on ecclesiastical questions, its decisions would be utterly disregarded by any civil court where it might be set up, and it might be said, in a ceitain general sense very justly, that it was because the General Assembly had no jurisdiction in the case. Illustrations of this character could be multiplied in which the proposition of the Kentucky court would be strictly applicable. But it is a very different thing where a subject-matter of dispute strictly and purely ecclesiastical in its character — a matter over which the civil courts exercise no juris- diction— a matter which concerns theological controversy, church discipline, ecclesi- astical government or the conformity of the members of tlie church to the standard of morals required of them — becomes the subject of its action. It may be said here, also, that no jurisdiction has been conferred on the tribunal to try the particular case before it, or that in its judgment it exceeds the powers conferred upon it, or that the laws of the Church do not authorize tlie particular form of proceeding adopted ; and in a sense often used in the courts, all of those may be said to be questions of juris- diction. But it is easy to see that if the civil courts are to inquire into all these mat- ters, the whole subject of the doctrinal theology, the usages and customs, the written laws and fundamental organization of every religious denomination, may and must be examined into with minuteness and care, for they would become in almost every case tiie criteria by which the validity of the ecclesiastical decree would be determined in the civil court. This principle would deprive these bodies of the right of construing their own church laws, would open the way to all the evils which we have depicted as attendant upon the doctrine of Lord Eldon, and would, in effect, transfer to the civil courts, where property rights were concerned, the decision of all ecclesiastical questions. And this is precisely what the court of appeals of Kentucky did in the case of Wat- son i\ Avery. Under cover of inquiries into the jurisdiction of the Synod and Pres- bytery over the congregation, and of the General Assembly over all, it went into an elaborate examination of the principles of Presbyterian Church government, and ended by overruling the decision of the highest judicatory of that Church in the United States both on the jurisdiction and the merits, and substituting its own judg- ment for that of the ecclesiastical court, decides that ruling elders, declared to be such by that tribunal, are not such, and must not be recognized by the congregation, though four-fifths of its members believe in the judgment of the Assembly and desire to conform to its decree. But we need pursue this subject no further. Whatever may have been the case before the Kentucky court, the appellants, in the case presented to us, have separated themselves wholly "from the church organization to which they belonged when this controversy commenced. They now deny its authority, denounce its action and re- fuse to abide by its judgments. They have first erected themselves into a new organ- ization, and have since joined themselves to another totally different, if not hostile, to the one to which they belonged when the difficulty first began. Under any of the de- cisions which we have examined, the appellants in their present position have no right to the property, or to the use of it, which is the subject of this suit. The novelty of the questions presented to this court for the first time, their intrin- sic importance and far-reaching influence, and the knowledge that the schism in which the case originated has divided the Presbyterian churches throughout Ken- tucky and Missouri, have seemed to us to justify the careful and laborious examina- tion and discussion which we have made of the principles which should govern the case. For the same reasons we have held it under advisement for a year, not uninfluenced by the hope that, since the civil commotion whicli evidently lay at the foundation of the trouble has passed away, that charity which is so large an element in the faith of both parties, and which, "by one of the apostles of that religion, is said to be the greatest of all the Christian virtues, would have brought about a reconciliation. But we have been disappointed. It is not for us to determine or ajiportion the moral responsibility which attaches to the parties for this result. We can only pro- nounce the judgment of the law as applicable to the case presented to us, and that requires us to affirm the decree of the circuit court as it stands. The chief justice did not sit on the argument of this case, and took uo part in its decision. — 1872, pp. 177-190. OF THE GENERAL ASSEMBLY. 263 IL OF ERECTING NEW SYNODS, ALTERING THEIR BOUNDS, ETC. a. [See minutes passim, and especially 1870, pp. 86-88 (supra, xi., 1), where the Assembly exercised the power to "consolidate, adjust and de- fine the boundaries of the Synods." Synod of Colorado erected. — 1871, p. 547. b. Boundaries changed.— 1871, pp. 540, 541, 545, 546 ; 1872, pp. 86, 88 {supra, xi., sec. i. 3). c. CImrches transferred. — 1803, p. 279; 1810, p. 440, and ^jassim.] d. To dissolve a Synod and transfer its Presbyteries. [The Synod of Chesapeake was formed on petition. — 1833, p. 395.] Resolved, 1. That the Synod of the Chesapeake be and the same is hereby dissolved. 2. That the Presbytery of East Hanover be and the same is hereby restored to the Synod of Virginia. 3. That the Presbyteries of Baltimore and of the District of Columbia be and the same are hereby restored to the Synod of Philadelphia. — 1834, p. 451. e. The Synod of Delaware \_Erected. — 1834, p. 451.] Dissolved. Resolved, That at and after the meeting of the Synod of Philadelphia in October next the Synod of Delaware shall be dissolved, and the Pres- byteries constituting the same shall be then and thereafter annexed to the Synod of Philadelphia, and that the Synod of Philadelphia thus consti- tuted by the union aforesaid shall take such order concerning the organi- zation of its sevei-al Presbyteries as may be deemed expedient and consti- tutional, and that said Synod, if it shall deem it desirable, make applica- tion to the next General Assembly for such a division of the Synod as may best suit the convenience of all its Presbyteries and promote the glory of God.— 1835, p. 486. III. OF ERECTING, MODIFYING, CHANGING, DISSOLVING PRESBY- TERIES. a. [See the act of the General Synod (supra, chap, i., 1786, p. 522). It assumed jurisdiction over the whole matter of dividing, erecting, etc. The Presbytery of Carlisle was divided, and the Presbytery of Hunting- don formed on "an overture through the Synod of Philadeljihia." — 1794, p. 89.] b. On petition of the Presbytery of Albany, that Presbytery was divided, and the Presbyteries of Columbia, Oneida and Albany formed. At the same time the following was adopted, viz. : Whereas, The Assembly have this day determined, upon an application from the Presbytery of Albany, that the said Presbytery may be divided into three, and in the investigation of this subject circumstances were stated to exist which led the Assembly to judge such division proper, and perhaps necessary, at this time ; And ivJiereas, Doubts arose whether it was proper for the Assembly to interfere for the jiurpose of making such division, the proposal not having been first laid before the Synod, as it would establish a precedent which might tend to confusion and in the end to schism ; the Assembly think it expedient to declare that their decision in this case has been particularly influenced by the pressure of circumstances, and is not to be considered as forming a precedent for future conduct. — 1802, p. 252. c. On petition of the Presbytery of Oneida it was divided, and the Presbytery of Geneva formed. — 1805, p. 324. On application of cer- 264 FOEM OF GOVERN^SIENT. tain ministers and churches in the Territory of Michigan, the Presbytery of Detroit was formed. — 1827, p. 206. Chenango. — 1826, p. 176. d. Fhiladelphia Second (Assembly's). The Synod of Philadelphia having merged the two Presbyteries of Philadelphia, and divided them by a line, an appeal was taken. Resolved, 1. That the appeal and complaint of the Second Presbytery of Philadelphia against the Synod of Philadelphia be and the same are hereby sustained, and the act of said Synod, so far as it was intended to unite the said Second Presbytery with the Presbytery of Philadelphia, is hereby declared void. 2. That this resolution shall not be so construed as to affect the integrity of the Presbytery which was constituted under the order of the Synod of ^ Philadelphia by the name of the Second Presbytery of Philadelphia in November last, but the same is hereby recognized as a constituent part of the Synod of Philadelphia. The Assembly, however, recommend to the Synod to change the name of said Presbytery, — 1834, p. 432. [Against the action of the Assembly a protest was entered, viz. :] We believe the power exercised by the General Assembly of 1832, and now re- exercised by this Assembly, to form a Presbytery within tlie bounds of tiie Synod and against her decision, is without foundation in our Form of Cluirch Government. In the constitutional distribution of powers and checks and designation of risrhts and duties among the several judicatories of the Church, tlie power to "erect new Presbyteries, and unite or divide those which were before erected" (Form of Govern- ment, chap, xi., sec. iv.), is distinctly and exclusively secured to Synods. And the practice of the General Assembly, from the establishment of this body till the present, has been, we believe, in accordance with these views. The ])rinciple assumed by the majority in this body and recognized by the Assembly in the above decision, and on which the ajipellants rest their j)lea, that the duty "of superintending the concerns of the whole Church" (Form of Government, chap, xii., sec. v.) invests the Assembly with all powers necessary to accomplish that object, at her own discretion, tends to abolish the constitutional rights of Synods, Presbyteries and church sessions, to con- found and contravene those original and essential principles of ecclesiastical govern- ment and order which constitute and characterize the Presbyterian Church. — 1834, p. 446. [To this the Assembly replies :] 1. That the Form of Government vests in the General Assembly the power of " deciding in all controversies respecting doctrine and discipline," and to "issue all appeals and references brought before them from the infe- rior judicatories."— See Form of Government, chap, xii., sec. v. Now, as the question as to the erection and existence of the Second Presbytery of Philadelphia came regularly before the Assemblies of 1832 and 1834, by ai)peal and complaint from the lower judicatories, the said Assend)lies n-^'t only had a right to "decide" finally, but were imperiously called upon lo " issue" the case. 2. The minutes of the General Assembly for 1794, 1802. 180o and 182(5 show tliat the Assembly has in extraordinary cases claimed and exer- cised the right of organizing new Presbyteries, and such Presbyteries have always been regarded as regularly and constitutionally organized. 3. The Form of Government vests the right of deciding (juestions of constitutional law, not in the Synods, but in the General Assembly ; conse- quently, if it be proved, which is not the fiict, that the General Assembly has exceeded their powers in organizing the Second Presbytery of Phila- delphia, it would by no means follow that the Synod of Philadelphia had authority to rejudge and disannul the solemn acts of the highest judica- tory of the Church. In this view of the subject, the General Assembly were bound to sustain the appeal and complaint of the Second Presbytery, OF THE GENEEAL ASSEMBLY. 265 from respect to the grave decision of former Assemblies, as well as from. regard to the rights of the complainants. — 1834, p. 451, e. The Third Presbytery of Philadelphia.— l^^^, p. 278. /. The Presbytery of fdizerne was formed by the Assembly. — 1843, p. 195, O. S. g. The Presbytery of Wisconsin. — 1846, p. 194, O. S. In this case the Assembly directed " that upon their organization the ministers aforesaid be ipso facto detached from the Presbyteries to which now they respect- ively belong." h. Resolved, That the Rev. Messrs. M. S. Culbertson, of the Presbytery of Carlisle, A. W. Loomis, of the Presbytery of Albany, R. Q. AVay, of the Presbytery of Charleston, and J. W. Quarterman, of the Presbytery of Georgia, be and they hereby are detached from their respective Pres- byteries and constituted a Presbytery, to be called the Presbytery of Ningpo. That the Rev. A. P. Happer and William Speer, of the Presbytery of Ohio, and the Rev. John B. French, of the Presbytery of Baltimore, be and they hereby are detached from their resj>ective Presbyteries and con- stituted a Presbytery to be called by such name as those brethren may choose. And that the Rev. John Loyd, of the Presbytery of Huntingdon, and Hugh S. Brown, of the Presbytery of Logansport, so soon as a third minis- ter of our Church shall be associated with them, be authorized to form them- selves into a Presbytery, to be called the Presbytery of Amoy, and shall ipso facto be detached from the respective Presbyteries with which until then they shall be connected. Resolved, That the foregoing new Presbyteries shall meet for the pur- pose of being organized at such times and places as the members thereof shall respectively agree on, and that the eldest minister of each who may be present shall preside until a moderator be chosen. Resolved, That the aforesaid Presbyteries be rated for the present as component parts of the Synod of New York, but that as soon as the Pres- bytery of Amoy shall be organized, the three Presbyteries in China shall be authorized to form themselves into a Synod, to be called the Synod of China; that they meet for the purpose of being organized at such time and place as they shall mutually agree upon, and that the eldest minister who may be present shall preside until a moderator be chosen. Resolved, That the Rev. James M. Connelly, of the Presbytery of West Tennessee, James M. Priest, of the Presbytery of New York, and the Rev. H. W. Ellis, of the Presbytery of Tuscaloosa, be and they hereby are de- tached from their respective Presbyteries and constituted a Presbytery, to be called the Presbytery of Western Africa ; that they shall meet for the purpose of being organized at such time and place as they shall mutually agree upon, and that the eldest minister present shall preside until a mod- erator be cho?en. And farther, that the Presbytery of Western Africa shall be attached for the present to the Synod of Alabama. Resolved, That the Rev. R. M. Loughridge, of the Presbytery of Tusca- loosa, H. Ballentine, of the Presbytery of New Brunswick, and D. W. Eakins, of the Presbytery of Philadelphia, be and they hereby are de- tached from their respective Presbyteries and constituted a Presbytery, to be called the Presbytery of the Creek Nation ; that they shall meet for the purpose of being organized at such time and place as they shall mu- tually agree upon, and that the eldest minister present shall preside until a moderator be chosen. And further, that the Presbytery of the Creek 34 266 FORM OF GOVERNMENT. Nation be attached for the present to the Synod of Mississippi. — 1848, pp. 20, 21, O. S. i. Presbytery of California. — 1849, p. 264, O. S. Presbytery of San Francisco. — 1849, p. 176, N. S. The persons named are hereby detached fi"om their respective Presbyteries and constituted a Presbytery. Resolved, That the Assembly do hereby order and constitute a Presby- tery in Oregon, consisting of Messrs. Thompson, Geary and Robe; and that they be empowered to assemble and constitute themselves a Presby- tery, at such time and place during the ensuing summer or autumn as may be fovuid most convenient to them, and report to the next General Assembly, and for this purpose these brethi'en be detached from the Pres- bytery to which they belong, and when formed, the said Presbytery be attached to the Synod of New York ; and the Presbytery to be called the Presbytery of Oregon. — 1851, p. 35, O. S. Presbyteries of Sierra Nevada and San Jose. — 1857, p. 388, N. S., and jxissim. j. Since the Reunion. The Presbytery of Yedo — 1870, p. 71 ; of Wyo- ming—1S71, p. 546; Montana— 1^1% p. 88. 2. To Transfer Churches from one Presbsrtery and Synod to Another. A petition from the congregation of Solesbury, under the care of the Presbytery of Philadelphia, referred to the Assembly by said Presbytery, was overtured and read. This petition requested that the congregation of Solesbury be separated from the Presbytery of Philadelphia and at- tached to the Presbytery of New Brunswick. This request having pre- viously been before the Synod of Philadelphia, and having been referi'ed to the Presbytery by the Synod, and the Presbytery having given their consent, it was resolved that the request be granted, and it hereby is granted, and the congregation of Solesbury is detached from the Presby- tery of Philadelphia, and connected with the Presbytery of New Bruns- wick.—1824, p. 105. See also 1827, p. 201, 202, 205; 1829, p. 260; 1831, p. 324; 1868, p. 633, O. S., et passim. See also under chap, xi., sec. i., 4, for changes since the Reunion. — 1871, p. 540, 541, 545, 546 ; 1872, p. 86, 88 ; 1873, p. 525. 3. To Transfer Ministers from one Presby-tery to Another, or to a Ne-w one. See a, above, also /and /). a. There being no quorum of Presbytery. — 1858, p. 268, 280, O. S. b. In forming neio Presbyteries or Synods, see above, h. Also The Ena- bling Act of 1870, chap, ix., sec. ii., 8. — 1872, p. 94. 4. To Receive other Ecclesiastical Bodies. a. The Presbytery of Suffolk— 1749, p. 238; of Dutchess County— 176S, p. 330. See Baird's Revised Edition, p. 562. b. The Presbytery of Charleston. Resolved, That the prayer of the petition be granted, and that said Presbytery, retaining their name and their character of incorporation, be and they hereby are taken into connection with the General Assembly ; provided, however, that the members of said Presbytery shall have adopted the Confession of Faith and the Constitution of the Presbyterian Church in the United States of America, and shall also effect a compro- OF THE GENERAL ASSEMBLY. 267 mise or union with the Presbytery of Harmony, which transaction shall be subject to the review aud control of the Synod of the Oaroliuas. — 1811, p. 475. c. The Associate Reformed Synod. — 1822, pp. 39-42. See Baird, p. 565- 569. d. Preahjtery of Pittsburg of the Reformed Presbyterian Chnrch. The same Committee also reported an application from the Presbytery of Pittsburg, of the Reformed Presbyterian Church, to unite as a Presby- tery with the General Assembly of the Presbyterian Church, and to be- come subject to the jurisdiction of this body, on the simple condition of being allowed to remain, as they are still attached to the great principles of the Reformation, without being disturbed in their time-honored modes of worship aud economical usages generally. On the recommendation of the Committee the request was granted. The Committee also recommended that the Presbytery of Pittsburg be attached to the Synod of Allegheny, and that Rev. John McMillan be enrolled as a member of this General Assembly as a delegate from that Presbytery. Which was adopted. — 1870, p. 30. 5. To Define the Succession of Presbyteries. Overture No. 7, from the Presbytery of Chester, respecting the succes- sion to the late Presbytery of New Castle: The Committee report that the Synod of Philadelphia, in its reconstruction of Presbyteries, declared that the Presbytery of Chester was the legal successor of the late Presbytery of New Castle, and that the Synod of Baltimore also declared that its present Presbytery of New Castle was the legal successor of the old organ- ization. It appears, however, that the ministers and churches of the old Presbytery are ecpially divided between the present Presbyteries of New Castle and Chester, and so neither is entitled to the succession. The Com- mittee think that as the present Presbytery of New Castle has the name of the late organization, the town where the first organization was made, the chief part of the original territory, early history and associations and a valuable charter from the State of Delaware, under which some property is now held, it should, also, have the succession, and the following resolu- tion is, therefore, recommended : Resolved, That the Presbytery of New Castle, in the Synod of Balti- more, be and the same is hereby declared to be the legal successor of the late Presbytery of New Castle, and as such is entitled to the possession and enjoyment of all the rights and franchises, and liable to the perform- ance of all the duties, of that Presbytery. It is also recommended that the candidates and licentiates who were under the care of the former Presbytery of New Castle, at the date of the Reconstruction Act of 1870, but who resided in the territory embraced in the present Presbytery of Chester, be attached to the latter Presbytery. — 1871, p. 539. • IV. OF CORRESPONDING WITH FOREIGN CHURCHES, 1. The Assembly alone may Open Correspondence. The Committee appointed to examine the records of the Synod of Ten- nessee reported, and the records were approved, with the exception of a proposal to establish a plan of intercourse between said Synod and the Cumberland Presbyterians, of which proposal the Assembly disapprove, on the ground that it belongs to the Assembly to correspond with foreign 268 FORM OF GOVERNMENT. churches on such terms as may be agreed upon by the Assembly and the corresponding body. — 1827, p. 219. Eeaffirmed.— 1866, p. 80, O. S. _ ^ [For local correspondence of the inferior judicatories, see under Form of Government, chap, x., sec. xii.] 2. Proposals for Correspondence with the New England Churches. [In 1766 the General Synod adopted an overture "to endeavor to obtain some correspondence between this Synod and the Consociated churches of Connecticut. A Committee was appointed to meet the delegates from Connecticut. — Minutes, 1766, p. 364. A convention of the delegates was held at Elizabethtowu, November 5, 1766. Its minutes were laid before, the Synod, " seriously considered and amended." Delegates were appointed to attend at New Haven September 10, " there finally, on the part of this body, to complete the plan of union." — Minutes, 1767, p. 374. Under this plan the Convention met alternately in New Jersey and Connecticut until 1776, when the war interrupted it. In 1790 the General Assembly invited a renewal of the intercourse : " Resolved, That the ministers of the Con- gregational churches of New England be invited to renew their annual Convention with the clergy of the Pi-esbyterian Church." — 1790, p. 29. A Committee was appointed under the above resolution, and on their report, the next year, another Committee was appointed to meet at New Haven " such ministers of the New England churches as may be there present." — 1791, p. 33.] 3. Plan of Correspondence with the General Association of Con- necticut. The minutes of the Convention of the Committee of the General Assem- bly of the Presbyterian Church in the United States, and of the General Association of the State of Connecticut, were taken into consideration, an extract of which is as follows, viz. : Considering the importance of union and harmony in the Christian Church, and the duty incumbent on all its pastors and members to assist each other in promoting, as far as possible, the general interest of the Redeemer's kingdom, and considering further that divine Providence appears to be now opening the door for pursuing these valuable objects with a happy prospect of success, this Convention are of the opinion that it will be conducive to these important purposes that a Standing Commit- tee of Correspondence be appointed in each body, whose duty it shall be, by fi'equent letters, to communicate to each other whatever may be mutu- ally useful to the churches under their care and to the general interest of the Redeemer's kingdom ; that each body should from time to time appoint a Committee consisting of three members, who shall have a right to sit in the other's general meeting and make such communications as shall be directed by their respective constituents, and deliberate on such matters as shall come before the body, but shall have no right to vote ; that effectual measures be nmtually taken to prevent injuries to the respect- ive churches from irregular and unauthorized preachers. To promote this end the Convention judge it expedient that every preacher traveling from the limits of one of tliese churches into those of the other shall be furnished with recent testimonials of his regular standing and good charac- ter as a preacher, signed by the moderator of the Presbytery or Associa- tion in which he received his license, or, if a minister, of his good stand- ing and character as such from the moderator of the Presbytery or Asso- ciation where he last resided, and that he shall previously to his traveling OF THE GENERAL ASSEMBLY. 269 as a preacher into distant parts, further receive a recommendation from one member at least of a standing Committee to be hereafter appointed by each body, certifying his good qualitications as a preacher. Also, that the names of this. standing Committee shall be mutually communicated; and also that every preacher traveling and recommended as above, and submitting to the stated rules of the respective churches, shall be received as an authorized preacher of the gospel, and cheerfully taken under the patronage of the Presbytery or Association Avithin whose bounds he shall find employment as a preacher ; and that the proceedings of the respect- ive bodies on this report be communicated to our brethren of the Congre- gational and Presbyterian churches throughout the States." Upon mature deliberation the Assembly unanimously and cordially approved of said plan, and to carry the same into elfect appointed the Rev. Drs. John Rodgers, John Witherspoon and Ashbel Green to be a Committee of Correspondence, agreeably to said plan. And it is more- over agreed that this Assembly will send delegates to sit and consult with the General Association of Connecticut, and receive their delegates to sit in this Assembly, agreeably to another article of the plan, as soon as due information shall be received that it is adopted on the part of the Gene- ral Association of Connecticut. A standing Committee was appointed, " To certify the good qualifica- tions of the preachers traveling to officiate in the bounds of the Association of the State of Connecticut. And it was agreed that any preacher trav- eling as aforesaid shall have at least the name of one of the Committee, who shall belong to the Synod from whose bounds he came." — 1792, p. 52. [The Convention was ratified by the General Association of Connecti- cut, and Dr. Jonathan Edwards and Rev. Matthias Burnett took their seats in the Assembly. — 1793, p. 64.] In 1794, p. 80, the Assembly proposed to the Association "that the delegates from these bodies respectively shall have a right not only to sit and deliberate, but also to vote, on all questions which may be determined by either of thera." The Association acceded to the proposition. — 1795, p. 96. In 1827, p. 213, the Assembly asked the bodies in New England to which these rights had been conceded to give up the right to vote, ac follows, viz. : It appears that in the plan of intercourse between the Congregational Churches of New England and the General Assembly of the Presbyte- rian Church an article was adopted which is now believed to be incon- sistent with a sound construction of the Constitution of the latter Church. This article, it is due to truth and candor to remark, was proposed by the Presbyterian Church without an overture from the Congregational churches, and in regard to which they did nothing more than accede to the proposition submitted to them. The article to which we allude relates to the powers granted to the delegates of the corresponding churclics to vote as well as to deliberate on the various subjects that may come before the representatives of these churches respectively. The right of voting in the General Assembly cannot, it is believed, be constitutionally granted to any but to the commissioners appointed by the Presbyteries whose rep- resentatives compose that Assembly. We have, therefore, respectfully to request that the plan of intercourse between you and us may be so modified as that the delegates to each body may hereafter be empowered to sit and deliberate only, but not to vote. It is believed that the modification here contemplated, if it shall be con- sented to on your part, will not only place the Assembly on constitutional ground, but by placing your Association on the same footing with other 270 FOEM OF GOVERNMENT. religious communities with whieli we hold a friendly correspondence will destroy the appearance of an invidious distinction which now exists, and thus be calculated to promote extensively that mutual friendship and har- mony which it is desirable to maintain and perpetuate among all who love the truth as it is in Jesus. — 1827, p. 213. [The resijective bodies acceded to the request, and since 1830 no dele- gate from a corresponding body has had the right to vote. For terms of correspondence with the various congregational bodies see New Digest, pp. 439-449; Baird, Kev. Ed., pp. 506-525.] 4. The Plan of Union, and Action under it. See New Digest, chap, xii., sees. i. and ii., pp. 452-469, and minutes of 1801, pp. 221, 224, 225; 1835, p. 486; 1837, p. 421, 458, 464; also Baird, Rev. Ed., pp. 570-581. 5. Correspondence -with the Reformed Churches. [For a full history of the early relations of the Assembly to the Dutch and Associate Reformed churches, see Baird, Rev. Ed., pp. 525-533. In 1820 the following Plan of Correspondence with the Associate Reformed Church was adopted. The Synod united Avith the General Asseiubly in 1822, but the plan is given as containing valuable illustrations of the powers and the spirit of the Assembly :] The consideration of the plan of a brotherly correspondence between this Assembly and the General Synod of the Associate Reformed Church was resumed, and after a full discussion the plan was adopted, and is as follows, viz.: I. The churches are to remain entirely separate and independent. II. Any member of either church may be received to communion in the other on producing to the proper church officers sufficient evidence of a good and regular standing in the church with which he is connected. III. It shall be permitted to the competent church officers in any con- gregation, settled or vacant, of either church, to invite to preach in their puljiit any minister or probationer who is in good standing in either of the said churches, and Avho preaches in their purity the great doctrines of the gospel, as they are stated in their common Confessions of Faith, and have generally been received and taught in the Reformed churches. But it shall be entirely optional to give or withhold such invitation, nor shall it be esteemed offensive or unkind if the invitation be withheld. IV. A vacant congregation shall be at liberty to call a minister from either of the chui'ches according to the order established in that church from which he may be called, he conforming himself to the order of the church to which he shall be called. And in case of a congregation being formed of people from both, it shall be at liberty to put itself under the care of either, at its option. V. Persons under censure, or process of censure, in cither church, shall not be received in the other church while such censure remains or such process is unfinished. VI. Any Presbytery or Synod not formed by delegation of either church may invite the regular members of any similar judicatory of the other church to sit as corresponding members ; but should the invitation not be deemed expedient, the withholding of it shall not be considered as unkind or offensive. VII. The General Assembly of the Presbyterian Church and the Gen- eral Synod of the Associate Reformed Church shall each aj^point one min- ister and one elder, with an alternate of each, to sit in these judicatories OF THE GENERAL ASSEMBLY. 271 respectively, with the privilege of deliberating on all subjects that may come before them, but not of voting on any. Resolved, That to carry into effect the last article of this report, this Committee of Conference recommend to the General Assembly and the General Synod to appoint their delegates the year preceding, — 1820, p. 731. a. With the Reformed Dutch Church. The Committee to which were referred the minutes of the General Synod of the Reformed Dutch Church, on the subject of correspondence between that Synod and the General Assembly, reported, and their report, being read, was accepted. A motion was made and seconded that the report be adopted. After some discussion of this motion it was postponed to take up the following resolution, which after discussion was adopted, viz.: Resolved, That the plan of correspondence, as amended by the General Synod of the Reformed Dutch Church, together with the additional article proposed by that body, be adopted, with an expression of a hope, however, that the additional article in question will be reconsidered by the Synod at their next meeting, so tliat, unless it should be regarded as of vital import- ance to the mutual and friendly correspondence of both bodies, it may be expunged, depending in this case upon the honorable principles of inter- course founded on our common Christianity. The several articles of the plan were then read, and the vote taken upon them separately, and finally, the vote being taken upon the whole, they were adopted, and are as follows, viz. : 1. The churches are to remain en tirely" separate and independent. 2. Any member of either church may be received to communion in the other on producing to the proper church officers sufficient evidence of a good and regular standing in the church with which he is connected. 3. It shall be permitted to the competent church officers in any congre- gation, settled or vacant, of either church, to invite to preach in their pul- pit any minister or probationer who is in good standing in either of said churches, and who preaches in their purity the great doctrines of the gos- pel, as they are stated in their respective Confessions of Faith, and have generally been received and taught in the Reformed Churches ; but it shall be entirely optional to give or withhold such invitations, nor shall it be esteemed offensive or unkind if the invitation is withheld. 4. A vacant congregation shall be at liberty to call a minister from either of the churches according to the order established in that church from which he may be called, he conforming himself to the order of the church to which he shall be called. And in case of a congregation being formed of people from both, it shall be at liberty to put itself under the care of either, at its option. 5. Persons under censure, or process of censure, in either church, shall not be received in the other church while such censure remains or such process is unfinished. 6. The ministers of either church maybe invited to sit as corresponding members in their respective judicatories, except the highest and the lowest, viz.: the church session and consistory, the General Assembly and the General Synod. 7. The General Assembly of the Presbyterian Church and the General Synod of the Reformed Dutch Church shall each appoint one minister and one elder, with an alternate of each, to sit in these judicatories re- spectively, with the privilege of deliberating on all subjects that may come before them. Additional Article. — 8. The ministers of one of the corresponding 272 FORM OF GOVEENME'XT. churches shall not in any case intrude ujDon the office of the ministers of the other churcli.— 1823, p. 76. [The Synod of the Dutch Church did not think proper to rescind the 8th article above.] h. . Amendment of the Plan. [In 1828 the Synod complained to the Assembly against the Presbytery of Columbia for receiving a student under the care of the classis of Al- bany, and licensing him. — 1828, p. 237. In 1830, in view of the above case, the following additional article was proposed by the Dutch Church and adopted by the Assembly:] That none of the inferior judicatories under the care of the correspond- ing churches shall be at liberty to admit into their respective bodies, or under their care, any student or licentiate from their sister church, with- out a regular dismission from the ecclesiastical body or theological sem- inary to which he is considered as attached. — 1830, p. 288. c. Proposal Declined. Dr. Scott, delegate from the Reformed Dutch Church, presented to the Assembly the following minute from the General Synod of that body re- specting the transference of churches : Besolved, That if the General Assembly shall concur, no church shall be transferred from the one body to the other without the formal dismissal of the Presbytery or classis with which it shall have been connected. Which, on motion, was referred to a special Committee. — 1851, p. 17, o. s. Dr. Stockton, from the Committee on the Minute of the General Synod of the Reformed Dutch Church, presented the following resolution, which was adopted, viz. : Besolved, That in the judgment of the Assembly great prudence and courtesy should be manifested by the Presbyteries in the reception of churches from the classis of the Reformed Dutch Church, and that, where it is practicable, the consent of all parties concerned should be at least sought and, if possible, secured ; but that the adoption of an absolute rule, such as is proposed by the General Synod of the Reforjued Dutch Church, would probably be productive of hardships to churches and in- convenience to both denominations; and therefore, for the present at least, the Assembly very respectfully and fraternally beg leave to decline its concurrence in the adoption of said rule. — 1851, p. 21, 0. S. d. Comj)laint arjainst the Presbytery of Xorth River. On a complaint of the Reformed Dutch Church against the Presbytery of North River, the Assembly — Resolved, 1. That though the consistory of the Second Reformed Dutch Church of Kingston may have acted arbitrarily in refusing certificates to its members applying for them, to join one of our churches, this Assem- bly regards as irregular, and as wanting in the due exercise of Christian forbearance, the proceeding of North River Presbytery, in so hastily or- ganizing a church composed mostly of the members whom said consistory had refused to dismiss. 2. That though tlie classis of Ulster moy have done Avrong in withhold- ing from the Rev. Mr. Smuller the certificate for which he applied to join the Presbytery of North River, this Assembly cannot approve of the act of said Presbytery in receiving him, regarding their act, in so doing, as OF THE GENERAL ASSEMBLY. 273 deficient in the exercise of that forbearance which should obtain in the intercourse of sister churches. 3. That the stated clerk express to the Dutch Church the deep regret which this Assembly feels that thei-e should have been any cause for com- plaint or recrimination. — 1855, p. 302, O. S. 6. Southern Presbyterian Church Recognized, as an Independent Body. — Synods and Presbyteries Adhering to it Stricken from the Roll. The special Committee appointed to take into consideration certain matters relating to the Southern churches respectfully reports that the following papers have been placed in its hands, and have been carefully considered, viz. : 1. An overture from the Presbytery of Zanesville, asking " that the Assembly strike from the lists of Synods, Presbyteries and churches those at the South which have ceased to report or be in connection with us, and that they be recognized as an independent body of Presbyterians, and over- tures of friendly correspondence be made to them." 2. An overture from the Presbytery of St. Clairsville of like import. 3. An overture from the Presbytery of Steubenville, asking that the aforementioned Synods, Presbyteries and churches be stricken from the roll. 4. A memorial signed by certain ministers and ruling elders, asking in general terms that the General Assembly " devise such wise and concilia- tory measures as may open the way for the renewal of fraternal relations with our brethren of the Southern churches." In view of all these, your Committee would recommend the adoption of the following preamble and resolutions : Whereas, The Synods of Alabama, Arkansas, Georgia, Memphis, Mis- sissippi, North Carolina, South Carolina, Texas and Virginia, with the several Presbyteries under their care, have, with the exception of the Presbytery of New Orleans in the Synod of Mississippi, voluntary with- drawn from our connection and organized themselves into a separate Church. Therefore, Resolved, 1. That the permanent clerk is directed to drop their names from the list of our Synods and Presbyteries, and they are no longer to be regarded as a part of the Presbyterian Church under the care of this Assembly, with the exception of the Presbytery of New Orleans, which is hereby attached to the Synod of Nashville. Resolved, 2. That the Assembly does hereby recognize the organization into which these Synods have formed themselves as a separate and inde- pendent Church, sustaining to us the same relation which we accord to other branches of the Presl)yterian Church ; and hereafter it is to be treated accordingly by all the courts under our care. Resolved, 3. That the Assembly also takes this occasion to say that while it cannot justify those brethren in separating themselves from the Church of their fathers, it regrets their withdrawal, and expresses the earnest hope that they may see their way clear to return to their former relations.— 1868, p. 642, O. S. 7. Correspondence ■with the Southern Presbyterian Church. a. The following preamble and resolutions, presented by Rev. William Adams, D. D., were unanimously adopted, viz.: Whereas, This General Assembly believes that the interests of the king- dom of our Lord throughout our entire country will be greatly promoted by healing all unnecessary divisions ; 85 274 FORM OF GOVERNMEXT. Whereas, This General Assembly desires the speedy establishment of cor- dial fraternal relations with the body known as the " Southern Presbyterian Church," on terms of mutual confidence, respect, Christian honor and love ; Whereas, We believe that the terms of reunion between the two branches of the Presbyterian Church at the North, now so happily consummated, present an auspicious opportunity for the adjustment of such relations; therefore, be it Resolved, 1. That a Committee of five ministers and four elders be ap- pointed by this Assembly to confer with a similar Committee, if it shall be appointed by the Assembly now in session in the city of Louisville, Ky., in respect to opening a friendly correspondence between the Northern and Southern Presbyterian Churches, and that the result of such confer- ence be reported to the General Assembly of 1871. Resolved, 2. That with a view to the furtherance of the object con- templated in the appointment of said Committee, this Assembly hereby reaffirms the "Concurrent Declaration" of the two Assemblies which met in the city of New York last year, viz. : " That no rule or precedent which does not stand approved by both bodies shall be of any authority in the reunited body, except in so far as such rule or precedent may affect the rights of property founded thereon." Resolved, 3. That two ministers and one elder of the Committee ap- pointed by this Assembly be designated as delegates to convey to the Assembly now in session at Louisville, Ky., a copy of these resolutions, Avith our Christian salutations. — 1870, p. 18. b. William Adams, D. D., C. C. Beatty, D. D., P. H. Fowler, D. D., H. J. Van Dyke, D. D., J. C. Backus, D.D., Henry Green, LL.D., Hon. William E. Dodge, Mr. James Brown and Hon. Daniel Haines were appointed a Committee of Correspondence with the General Assembly of the Presbyterian Church South, now in session at Louisville, Ky. — ib., p. 20. c. J. C. Backus, D. D., and Hon. Wm. E. Dodge, two of the above Committee, made a verbal report of their visit to Louisville, which was accejited. — ib., p. 34. Subsequently, d. The stated clerk reported a communication from the General Assem- bly of the Presbyterian Church South, which was read. [For the Letter in full see Minutes 1870, pp. 56-58.] Whereupon the following response, reported by the Committee on Cor- respondence with the Church South, was adopted: Whereas, This General Assembly, at an early period of its sessions, declared its desire to establish cordial fraternal relations with the General Assembly of the Presbyterian Church in the United States, commonly known as the Southern Assembly, on the basis of Christian honor, confi- dence and love, and with a view to the attainment of this end appointed a Committee of five ministers and four elders to confer with a similar Committee, if it should be appointed by the Assembly then in session at Louisville, Ky., "in regard to the amicable settlement of all 'existing dif- ficulties, and the opening of a friendly correspondence between the North- ern and Southern Churches;" and for the furtherance of the objects con- templated in the a})pointment of said Committee, and with a view to remove the obstacles which might prevent the acceptance of our propo- sals by our Southern brethren, reafiirmed the Concurrent Declaration of the two Assemblies which met in New York last year, to the efiect that " no rule or precedent which does not stand approved by both the bodies shall be of any authority in the reunited body, except so far as such rule or precedent may affect the rights of property founded thereon," and as a further pledge of our sincerity in this movement sent a copy of our OF THE GENERAL ASSEMBLY. 275 resolutions, together with our Christian salutations, to the Assembly at Louisville by the hands of delegates chosen for that purpose, And whereas, The Southern Assembly, while receiving our delegates with marked courtesy and formally complying with our proposition for the appointment of a Committee of Conference, has nevertheless accom- panied that appointment with declarations and conditions which we can- not consistently accept, because they involve a virtual prejudgment of the very difficulties concerning which we invited the conference ; therefore. Resolved, That the further consideration of the subject be postponed, and the C'ommittee be discharged. At the same time, we cannot forbear to express our profound regret that a measure designed and, as we believe, eminently fitted to promote the establishment of peace and the advance- < ment of our Redeemer's kingdom in every part of our country has appa- rently failed to accomplish its object. We earnestly hope that the nego- tiations thus suspended may soon be resumed under happier auspices, and hereby declare our readiness to renew our proposals for a friendly corre- spondence whenever our Southern brethren shall signify their readiness to accept it in the form and spirit in which it has been offered. — 1870, pp. 56-58. e. Overture No. 15, from the Presbytery of Des Moines, with reference to union with the General Assembly of the Presbyterian Church South. The Committee recommend the adoption of the following resolution : Resolved, That as the General Assembly has heretofore declared its will- ingness to resume fraternal relations and Christian union Avith the Assem- bly South, and still retains the same sentiment, it is deemed unwise to take any action at present on this overture. Adopted. — 1872, p. 70. /. Action touching those adhering to the Southern General Assembly and Old School Synod of Missouri declared Null and Void. An overture from the Presbytery of Baltimore, asking the Assembly to affirm the doctrines of the standards of our Church pertaining to the civil magistrate and the relation of Church and State ; also one from the Pres- bytery of Austin, concerning certain rules passed previously to the Re- union with regard to members of the Southern Presbyterian Church. As the subjects of these overtures greatly concern the peace and pros- perity of the Church, especially in those regions more directly aflected by the late civil war, the Committee would recommend the adoption of the following paper : The General Assembly, deploring the divisions that have occurred, and that continue, among Presbyterians in the United States of America, and earnestly desiring to do whatever is consistent with duty and fidelity to the Lord toward healing these divisions, and furthermore, having good reason to hope that the action contemplated in the following paper will promote and secure this happy result, do solemnly declare — First. That in accordance with a resolution unanimously adopted by each of the two bodies now constituting the reunited Church, all action touching the brethren adhering to the body popularly known as the Southern General Assembly, together with all action touching the breth- ren adhering to the body known as the Old School Synod of Missouri, has been since the Reunion null and void, and therefore of no binding effect, and not to be pleaded as a precedent in the future. Second. The Assembly also express confidence in the soundness of doc- trine and in the Christian character of these brethren, and cannot doubt that a more intimate communion would lead to the speedy removal of the 276 FORM OF GOVERNMENT. barriers that now separate those of like precious faith, to increased mutual affection and esteem, and to a practical manifestation of our oneness in Christ. Third. With regard to the civil magistrate and the relations of Church and State, the Assembly deem it sufficient to call attention to the follow- ino- principles and statements found in these standards, to wit: I. "Synods and Councils are to handle or conclude nothing but that which is ecclesi- astical, and are not to intermeddle with civil affairs which concern the commonwealth, unless by way of humble petition in cases extraordinary, or by way of advice for satisfaction of conscience, if they be thereunto re- quired by the civil magistrate." (Confession of Faith, chap, xxxi., sec. iv.) II. " That God alone is Lord of the conscience, and hath left it free from the doctrine and commandments of men, which are in anything contrary to his word, or beside it, in matters of faith or worship ;" " that all church power, whether exercised by the body in general or in the way of repre- sentation by delegated authority, is only ministerial and declarative — that is to say, that the holy Scriptures are the only rule of faith and manners ; that no church judicatory ought to pretend to make laws to bind the con- science in virtue of their own authority, and that all their decisions should be founded upon the revealed will of God." (Form of Gov., chap, i., sees. i. and vii.) Fourth. For the purpose of carrying out the spirit of the foregomg res- olutions, the Assembly will appoint two Committees to confer with similar Committees, if appointed by the General Assembly of the Presbyterian Church in the United States and by the Old School Synod of Missouri, to seek closer and more fraternal relations with these bodies. — 1873, p. 502. 8. Report on Foreign Correspondence. The Committee on Foreign Correspondence reported in part as follows : The Committee on Foreign Correspondence respectfully recommend to the Assembly that the Rev. William Arnot and the Rev. William G. Blaikie, D. D., from the General Assembly of the Free Church of Scot- land, the Rev. Robert Watts, D. D., and Mr. Thomas Sinclair, from the General Assembly of the Presbyterian Church in Ireland, the Rev. John Edmond, D. D., and the Rev. John McLeod, D. D., from the Synod of the United Presbyterian Church of Great Britain and Ireland, and the Rev. David luglis and the Rev. Thomas Lowry, from the Synod of the Canada Presbyterian Church, be admitted to seats in this Assembly as delegates from the several ecclesiastical bodies they represent, and that they be heard in the order above named at a session of the Assembly to be held for that purpose on Wednesday next, at 7? o'clock p. M. The Committee further recommend the adoption of the following reso- lution : Resolved, That this Assembly cordially receives the delegates from the Synod of the United Presbyterian Church of Great Britain and Ireland— a'body not hitherto in correspondence with either branch of our reunited Church — and that the Committee on Correspondence be directed to nomi- nate delegates who shall present our greetings to that Synod at its meet- ing next year. — 1870, p. 17. Your Committee would also report that a communication has been re- ceived from the general conference of churches in Connecticut, notifying us that they appointed no delegate this year, as steps were being taken toward the formation of a national convention of Congregational churches which would more properly send delegates to represent that body in our General Assemblies. — 1871, p. 531. OF THE GENEEAL ASSEMBLY. 277 9. Bodies -with which the Assembly is at Present in Corre- spondence. 1. General Assembly of the Free Church of Scotland. 2. General Assembly of the Church of Scotland. 3. General Assembly of the Presbyterian Church in Ireland. 4. Synod of the Presbyterian Church of Great Britain and Ireland. 5. General Assembly of the Canada Presbyterian Church. 6. Synod of the Presbyterian Church in Canada in connection with the Church of Scotland. 7. General Synod of the Reformed Church in America. 8. General Assembly of the United Presbyterian Church of North America. 9. General Synod of the Evangelical Lutheran Church of the United States. 10. Synod of the Presbyterian Church in the Lower Provinces of Brit- ish North America and the Synod of the Presbyterian Church in connec- tion with the Church of Scotland. 11. General Assembly of the Cumbei'land Presbyterian Church. 12. General Assembly of the Welsh Presbyterian Church in America. 13. General Synod of the Reformed Church of France. 14. National Council of the Congregational churches in the United States of America. 15. Synod of the "VValdensian Church. — 1873, p. 537. 10. Power of the Assembly to expel a Menaber. Mr. Galloway rose to a question of privilege, and read an article from the Ohio Statesman reflecting severely upon his character and that of the General Assembly, which article he attributed to the Rev. W. M. Fergu- son, a member of this house. Dr. Krebs offered the following : Besolved, That unless the Rev. William M. Ferguson forthwith retract the offensive publication, and make an ample apology to the satisfaction of this house, he be immediately expelled. The moderator having waited a suitable length of time for an explana- tion or retraction, and Mr. Ferguson having declined to speak, the mode- rator took the vote, and the resolution was adopted, when the moderator declared Mr. Ferguson to be expelled from the Assembly. Mr. Ferguson having dechired that he had not understood that an ex- planation at that time was demanded, the vote was, on motion of Dr. Krebs, reconsidered, in order to renew to Mr. Ferguson the opportunity he had failed to use before the resolution to expel him was adopted. Mr. Fergu- son then rose and explained, after which jNIr. ]McKnight oifered the fol- lowing as an amendment to the motion of Dr. Krebs : Besolvcd, That the Rev. William M. Ferguson, a commissioner to this General Assembly, because of a gross, abusive and scandalous libel, pub- lished in the Ohio Statesman, on members of this body, which he has now qualified in the presence of the Assembly, is entitled to and does hereby receive the grave censure of this Assembly. Various resolutions to substitute, to amend and to commit were pro- posed, which were all laid u])on the table in order that by general consent Dr. Krebs might offer the following resolution, viz. : Resolved, That whereas the Rev. W. M. Ferguson, a commissioner to this General Assembly from the Presbytery of Zanesville, is, by his own acknowledgment, guilty of writing and publishing in the Ohio Statesman 278 FORM OF GOVERNMENT. a gross, abusive, scandalous and slanderous libel against the members of this Assembly, and against this Assembly itself, and although he has quali- fied it in the presence of this Assembly this morning, his explanation is not deemed satisfactory ; therefore, Besohed, That the Rev. Wm. M. Ferguson be forthwith expelled as a member of this house. On these resolutions the previous question was called for, and the call was sustained. The main question was then put, and the resolutions were adopted, when the moderator again announced that the Eev. "W. M. Ferguson, a commissioner from the Presbytery of Zanesville, had been expelled from membership in this General Assembly. — 1866, p. 58, 0. S. 11. Report on the Perils -which Beset the System of Popular Edu- cation. The Committee on the Perils which Beset the S3'stem of Popular Edu- cation presented their report, which, having been read and considered, was adopted, and is as follows : The Committee appointed to consider the perils which beset the system of popular education in this country, and to prepare a minute expressive of the sentiment of the General Assembly on this momentous question, beg leave to report : The public school in the United States is a most precious heirloom of American liberty. Planted in the early colonial days, it has grown and expanded into one of the most beneficent and fruitful institutions of the country. Its history is interwoven with that of the nation. Ko other agency, if we except the Church of God, has had so large a share in lay- ing the foundations of popular intelligence, virtue and freedom in the United States. In hardly any other institution is the characteristic Amer- ican idea so happily and fully realized. It cannot be endangered, there- fore, without peril to the vital interests of American society. In this view the recent assaults upon it are fitted to arrest the attention of every Christian patriot and philanthropist. These assaults resemble skirmishes which precede and are intended to draw on a great battle. But the motives and ultimate aim of those who have made them are very different; they have joined hands merely to gain a temporary advantage. One party hold that the ])ublic school should be purged of every vestige of religion, that inasmuch as all the people are taxed for its support there should be recognized in it no form of Christian instruction or influ- ence to which any of the tax-payers profess conscientious objections. This is the position maintained by the advocates of a total divorce of popular education from the Christian life and morals of the nation. The other party regard such a theory of popular education as false and unchristian ; they hold that there should be careful instruction in religious truth and duty under the direction of the Church; and inasmuch as this is not pos- sible in the common school, they advocate for themselves the sectarian school, and demand their share of the public school fund to enable them to sustain it. The importance of the question thus raised cannot be easily over-esti- mated. The question of popular education, indeed, both at home and abroad, is one of the great problems of the age. Its decision among our- selves involves consequences of vast moment to the American jicople. Shall the old system be revolutionized, and every form of Christian instruc- tion or influence in the public school be pi-ohibitcd ? Or shall the insti- tution itself be given up, and sectarian schools take its place? We should regard the successful attempt to expel all religious iustrue- OF THE GENERAL ASSEMBLY. 279 tion and influence from our public schools as an evil of the first raagni- tude. Nor do we see how, according to the principles upon which it is advocated, this can be done, without inflicting a deadly wound upon the intellectual and moral life of the nation. It is contended that the rights of the individual conscience, as also the just limits of political power under our constitution of government, are violated by the existing system. But scarcely more, we reply, than they are violated by the very genius and organization of American society ; no more than they are violated by all public acknowledgment of God and his providential government, by oaths of ofiice, by the recognition of the Lord's day, by chaplaincies in the army and navy, or by laws against polygamy, blasphemy, jierjury and other forms of open immorality and crime ; no more, in a word, than they are violated by the fundamental ideas and order of our Christian civilization. We look upon the State as an ordinance of God, and not a mere creature of the popular will, and under its high responsibility to the supreme Ruler of the world, we hold it to be both its right and bouuden duty to educate its children in those elementary principles of knowledge and vir- tue which are essential to its own security and well-being. The union of Church and State is indeed against our American theory and constitutions of government, but the most intimate union of the State with the saving and conservative forces of Christianity is one of the oldest customs of the country, and has always ranked as a vital article of our political faith. What impressive illustrations of this occur along the whole line of our history, and especially during our late national struggle ! We cannot, therefore, help regarding the notion of an absolute secularization of the public school, so that no Christian element shall remain in it, as un- American, wrong and impracticable. We do not see how it can be done without a complete revision of the literature and very dictionary of the language, without reducing the education of the future citizens of the republic to the most meagre and pitiable skeleton of knowledge, without training up the children of the people in ignorance of some of the most interesting and glorious incidents and characters of their own history, Nor do we see how it can be done without sooner or later stamping down- right atheism, not only upon the public school, but upon every other insti- tution of the State, and upon the whole action of government itself The American people, we cannot doubt, are utterly opposed to so baleful a dogma. It is contrary to their history, to their practice from the begin- ning and to their deepest convictions. But while they can never consent, as we believe, to expel all recognition of God and his truth from the public school, neither can they consent, on the other hand, to let a portion of the public schools pass under the con- trol of any particular denomination, and thus become the instruments of sectarian instruction and influence. It is a matter of the utmost import- ance that the children of the people should be educated together, under the same roof, in the same atmosphere of American thought and feeling, and in those common elements of knowledge, virtue, fraternal sympathy, humanity and patriotism which go to form a good and loyal citizen of our great republic. We sincerely trust, therefore, that our Roman Catholic fellow-citizens, who agree with us on the importance of the moral and religious element in popular education, will continue to co-operate with us in sustaining our American common school system, and in infusing into it as far as possible those universal and benign principles — such as love to God and love to our neighbor — which lie at the foundation of human duty and are essential to the right training of the youthful mind. On this patriotic and 280 FOEM OF GOVEEXMENT. catholic platform we ghould hope that a very large luajority of those even who dissent entirely from our theological views, and belong, indeed, to no branch of the Christian Church, would be willing to stand with us. We cannot think that there are many of our countrymen who would seriously object to having their children trained uj) in the public school under the influence of these ancestral and truly democratic principles. The number of such in the past has been exceedingly small, and we cherish the confi- dent hope that it will be so in the future. AVe believe that the roots of our human and Christian nationality lie deep in the heart of the Amer- ican people. In accordance with the foregoing views, your Committee submit the following resolutions: 4 Resolved, 1. That the General Assembly regard the fi-ee public school as au essential part of our republican system, as conducive in the highest degree to the moral unity, common spirit and kindly sympathies of Amer- ican citizenship, and as closely connected with all the best interests of Christian society in the United States. liesolved, 2. That in the judgment of the General Assembly the divorce of popular education from all religious elements, while involving a radi- cal departure from the spirit and principles in which our public school had its origin, would be eminently unwise, unjust and a moral calamity to the nation. Resolved, 3. That the General Assembly are also entirely opposed to the appropriation of any portion of the public school funds for the sup- port of sectarian institutions, and would regard the establishment of such a policy as fraught with the greatest mischief not only to the cause of popular education, but hardly less to the interests of American freedom, unity and progress. Resolved, 4. That whereas the Bible is not only the Magna Charta of the spiritual rights and liberties of mankind, but is also ju-e-eminently our national book, the best model of our mother tongue and the fountain of our highest thought and of our ruling ideas, both in private and public life, the General Assembly would regard its expulsion from the schools of the people as a deplorable and suicidal act, nor can they perceive that any real advantage could thereby be gained to the cause of popular edu- cation. Resolved, 5. That the General Assembly, conscious of being actuated in this matter by no other motive than the greatest good of the whole coun- try, hereby profess their readiness to co-operate with all Christian people, of whatever name, and with all good citizens, in so modifying and ])erfect- ing our noble public school system as to obviate, as far as practicable, the conscientious scruples and difficulties of any of its friends, and thus to render it a fountain of still greater light and benediction to us and our children after us to the latest generation. — 1870, pp. 49-52. 12. The Pastoral Letters. 1. On jSIissioxs. The letter of the Synod now sitting at Phihulelphia, to the several congregations witliin the bounds of the Svnod : September 22, 1719. ClIKISTlAN FkIEXDS. "Whereas divine Providence, which is the Disposer of the lot of all men, has planted us in these parts of the world, and in such a station wherein we are obliged, in an eminent manner, to study the everlasting welfai-e of the souls of men. And whereas, to our great grief and exercise, we see OF THE GENERAL ASSEMBLY. 281 many smaller places of lesser ability to maintain and support the interest of Christ among them by the ordinary means of salvation, and yet desirous thei'eof, languishing in darkness and blindness, and in great danger of utter ruin for lack of vision, casting in our minds how to get these miserable people relieved, could think upon no other way than by using our utmost interest and endeavor to have such a fund or stock of money raised as may be of some use to help those distressed places and people. In pursuance of which design we have addressed our friends in Britain and Ireland not altogether without success. And forasmuch as it seems to us unreasonable and unjustifiable to apply to other places in this atfair, and ourselves, who are more immediately con- cerned, to hold our hands, we determined to request the charity of our respective congregations in the premises, that they would yearly make a collection for the carrying on of the said noble and pious design of plant- ing and spreading the everlasting gospel in these provinces. As for arguments to enforce this our proposal, the thing itself is of such consequence and importance, and withal so needful, that we need not, we hope, use any other, only the consideration of a blessing entailed in this and the other world, by God's gracious promises, on all such as do cheer- fully exert themselves for the glory of God and the good of souls, together with the honorable examples that are frequently set us by the good people of our own nation both at home and abroad. So recommending you to the counsel and blessing of the Author and Rewarder of all good works, we subscribe ourselves yours in the truest bonds of Christian affections. — [Letter Book.']— 1719, p. 58. 2. Pastoral Letter on occasion op the "Old French "War." The Synod [of New York], under a sense of the present distressed and calamitous state of the country, do agree that they will recommend to all their congregations to unite in observing the last Thursday of Octo- ber, instant, as a day of public humiliation, fasting and prayer. The Synod propose further to recommend to their congregations to spend part of the last Thursday of every month in extraordinary prayer while the present mournful state of our public affairs continues. And they do further most earnestly recommend it to all their mem- bers, present and absent, to exert themselves in an extraordinary manner, in their several spheres of influence, for a general and thorough reforma- tion of those crying abominations which seem most evidently to have kindled the anger of Heaven against this land. And that they would, in their public performances, frequently explain and warmly press on their hearers the necessity of such a reformation in this day. The Synod taking into serious consideration the dangerous situation of the public at this juncture by means of a potent, prevailing and cruel enemy; the divided state of these colonies; the abounding of profanity, luxury, infidelity, error and ignorance ; the evident suspension of spiritual influences from the Church, which is followed with an evident insensibility under the judgments as well as ordinances of God ; together with other awful aspects of divine Providence, cannot but view them as plain demon- strations of his displeasure. We have been warned and chastised, first more gently, then more terribly ; but not returning to Him that smites us, his anger is not turned away, but his hand is stretched out still. Judg- ment yet proceeds, the prospect becomes darker and darker, and all things respecting us are loudly alarming. When God judges, he will overcome; 36 282 FORM OF GOVERNMENT. none have ever hardened themselves against him and prospered. Nothing but impiety rouses his vengeance, and nothing but repentance toward him and fhith toward our Lord Jesus Christ can turn it away. We have not so much as the least reason to expect deliverance and safety in a way of impenitent sinning ; for we are assured, if we walk contrary to our God, he will walk contrary to us, and Avill punish us yet seven times more for our iniquity. And as we judge that extraordinary distresses are calls to extraordinary humiliation and acts of devotion, so we look on ourselves bound, not only as members of the community, but by the duty of our office, as those who are entrusted with the declaration of God's revealed will, to warn all who will attend unto us, and earnestly exhort them to prostrate themselves before his offended majesty in the humblest manner; to deprecate his righteous displeasure, implore his mercy for themselves, their children, country and nation, their and our rightful and gracious sovereign King George the Second, his royal family, all officers civil and military, and the whole Church of God ; and solemnly endeavor sincere and thorough reformation. For this purpose the Synod agree to recom- mend the last Thursday of this instant, to be observed as a day of public fasting and prayer, in all the congregations under our care. We also rec- ommend to all the members of our body that they exert themselves in promoting a reformation from those evils which have evidently kindled the anger of Heaven against this land ; and that they would frequently urge the necessity of such a reformation in this day. Signed in the name of the Synod. KiCHAED Treat, Synod Clerk. —1756, p. 276. 3. Pastoral Letter upon the Repeal of the Stamp Act. Dearly Beloved : AVe think it our indispensable duty, not only in our particular charges, but in this united and more public capacity, to di- rect you to some suitable reflections upon the late remarkable and merciful steps' of divine Providence, and to inculcate a becoming improvement of an event the most interesting and important to the people of this conti- nent. For not only in the word of God should we attend to his divine will, but also mark his hand in that providence by which he directs the course of human affiiirs with invariable wisdom and paternal goodness. The faithless French and their savage allies were lately the rod of di- vine displeasure for our many provocations. Under the calamities of war and the wasting ravages of Indian cruelty, we were repeatedly brought to apj)roach the throne of grace with solemn fasting and prayer, and thereby openly profess our resolution to forsake the ways of sin, and turn unto the Lord. But, alas! we rendered not to God according to the nniltitude of his tender mercies ; for no sooner was the rod removed, and the bless- ings of peace restored, but we became more vain and dissolute than be- fore. The Almighty, thus provoked, permitted counsels of the most pernicious tendency, both to Great Britain and her colonies. The imi)osition of un- usual taxes, a severe restriction of our trade and an almost total stagna- tion of business threatened us with inevitable ruin. A long suspense, whether we should be deprived of or restored to the peaceable enjoyment of the inestimable privilege of English liberty, filled every breast with the most painful anxiety. A gloomy cloud thickened over our heads, ready to burst upon us in a desolating storm. Had our gracious Sovereign, the present ministry and the British parliament been less wise, just and good, had they, instead of yielding to a spirit of moderation, unhappily re- OF THE GENERAL ASSEMBLY. 283 curred to force, we shudder at the very thoughts of the consequences. We cannot look down the precipice on the brink of which we stood, with- out horror. We were not without reason apprehensive that the tumultu- ous outrages which in some places attended a determined opposition to the disrelished statute might provoke the resentment of the British legis- lature. When we reflect on the public offences of our land against Heaven; when we think of the open disregard and violation of the holy Sabbath ; the neglect of the ordinances of divine worship, the abuse of gospel light and privileges, the profane swearing and cursing, intemperance and lux- ury, the various scenes of uncleanness and lasciviousness, the pride and vanity, and every other evil so shamefully prevalent, what less could we expect than that an offended God would have made the gathering tempest to break upon us, and plunged us and our mother country in all the rue- ful calamities of a civil war? But how astonishing is the long-suffering patience of Jehovah ! He has inclined the hearts of many powerful friends to espouse our cause. He has given us to experience the paternal tenderness of the best of kings, and the moderation of the British parlia- ment. Our gracious God is our deliverer. He is making a further trial of us. May his unmerited goodness lead us to repentance ! We therefore call upon you who are the dear people of our charge not only to acknowledge with joy and gratitude the general providence of God, but also thankfully to adore that particular providence wherein upon special occasions he directs and controls the course of events by his immediate influence, and whereby he hath on the late interesting occasion so signally appeared for our protection. We call upon you constantly to reverence that all-wise and omnipotent Director and Disposer of events, on whom we depend for every mercy we enjoy, to be thankful to him for every instance of prosperity, patient under every affliction, submissive to his wise disposals and obedient to all his holy precepts ; to awake to re- pentance, to consider your ways, and to turn unto the Lord, through his Son Jesus Christ. Let every one beware of adding to the common stock of guilt and iniquity. We beseech and obtest you to be strict in observing the laws and ordinances of Jesus Christ, to pay a sacred regard to his Sabbath, to reverence his holy name and adorn the doctrine of God our Saviour by good works. We pray you to seek earnestly the saving know- ledge of Christ and the internal power and spirit of religion. Thus may you hope for the continued kindness of a gracious Providence, and this is the way to express your gratitude to the Father of mercies for your late glorious deliverance. But persisting to grieve the Holy Spirit by a neg- lect of vital religion and a continuance in sin, you w'ill have reason to dread that a holy God will punish you yet seven times more for your iniquities. While we thus call upon you to fear God, you will not forget to honor your king and pay a due submission to his august parliament. Let this fresh instance of royal clemency increase the ardor of your affection to the person, family and. government of our rightful and gracious sover- eign. This you will manifest by a cheerful and ready obedience to civil authority. A spirit of liberty is highly laudable when under proper reg- ulations, but we hope you will carefully distinguish between liberty and licentiousness. We most earnestly recommend it to you to encourage and strengthen the hands of government, to demonstrate on every proper occasion your undissembled love for your mother country and your attachment to her true interest, so inseparably connected with our own. 284 FORM OF GOVEENMENT. That thus you may become wise and good, as well as free and happy, and that while you enjoy liberty, civil and religious, you may not be the servants of sin and Satan, is the fervent pi'ayer of those who watch for your souls as men who must give an account. Signed by order. Elihu Spencer, Moderator. Presbyterixxn Church, at Neiv York, May 30, 1766. — 1766, p. 362. 4. Pastoral Letter upon Occasion of the Kevolutionary "War. Dr. Witherspoon, Dr. Rodgers, Messrs. Caldwell, Halsey, Smith, Kerr and Ogden are appointed a Committee to bring in to-morrow, in the after- noon, a draught of a pastoral letter. The Committee brought in a draught of a pastoral letter, which, after a few alterations, was approved, ordered to be printed, and is as follows : Very dear Brethren : The Synod of New York and Philadelphia being met at a time when public affairs wear so threatening an aspect, and when (unless God in his sovereign providence speedily pi'event it) all the horrors of a civil war throughout this great continent are to be apprehended, were of opinion that they could not discharge their duty to the numerous con- gregations under their care w'ithout addressing them at this important cri- sis. As the firm belief and habitual recollection of the power and presence of the living God ought at all times to possess the minds of real Christians, so in seasons of public calamity, when the Lord is known by the judgment which he executeth, it would be an ignorance or indifference highly crim- inal not to look up to him with reverence, to implore his mercy by humble and fervent prayer, and, if possible, to prevent his vengeance by unfeigned repentance. We therefore, brethren, beseech you in the most earnest manner to look beyond the immediate authors either of your sufferings or fears, and to acknowledge the holiness and justice of the Almighty in the present visita- tion. He is righteous in all his ways and holy in all his works. Affliction springeth not out of the dust. He doth not afflict willingly, nor grieve the children of men ; and therefore it becomes every person, family, city and province to humble themselves before his throne, to confess their sins by which they have provoked his indignation, and entreat him to pour out upon all ranks a spirit of repentance and of prayer. Fly also for forgiveness to the atoning blood of the great Redeemer, the blood of sprinkling, which speaketh better things than that of Abel. Remember and confess not only your sins in general, but those prevalent national offences which may be justly considered as the procuring causes of public judgments, particuhirly profaneness and contempt of God, his name, Sabbaths and sanctuary, pride, luxury, uncleanness and neglect of family religion and government, with the deplorable ignorance and security which certainly ought to be imputed to this as their principal cause. All these are, among us, highly aggravated by the inestimable privileges which we have hitherto enjoyed without interrupti(m since the first settlement of this country. If, in the present day of distress, we expect that God will hear our sup])lications and interpose for our protection or deliverance, let us remember wliat he him- self requires of us is that our prayers should be attended with a sincere purpose and thorough endeavor after personal and family reformation. "If thou prepare thine heart and stretch out thine hand toward him, if iniquity be in thine hand, put it far away, and let not wickedness dwell in thy tabernacles." Job xi. 13, 14. The Synod cannot help thinking that this is a proper time for pressing all, of every rank, seriously to consider the things that belong to their eter- nal peace. Hostilities, long feared, have now taken place ; the sword has OF THE GENF.RAL ASSEMBLY. 285 been drawn in one province, and the whole continent, with hardly any exception, seem determuied to defend their rights by force of arms. If, at the same time, the British ministry shall continue to enforce their claims by violence, a lasting and bloody contest must be expected. Surely, then, it becomes those who have taken up arms, and profess a willingness to hazard their lives in the cause of liberty, to be prepared for death, which to many must be certain, and to every one is a possible or probable event. We have long seen with concern the circumstances which occasioned, and the gradual increase of, this unhappy difference. As ministers of the gospel of peace we have ardently wished that it could, and often hoped that it would, have been more early accommodated. It is well known to you (otherwise it would be imprudent indeed thus publicly to profess) that we have not been instrumental in inflaming the minds of the people or urging them to acts of violence and disorder. Perhaps no instance can be given on so interesting a subject in which political sentiments have been so long and so fully kept from the pulpit, and even malice itself has not chax'ged us with laboring from the press ; but things are now come to such a state that we do not wish to conceal our opinions as men and citizens, so the relation we stand in to you seemed to make the present improve- ment of it to your spiritual benefit an indispensable duty. Suffer us, then, to lay hold of your present temper of mind, and to ex- hort, especially the young and vigorous, by assuring them that there is no soldier so undaunted as the pious man, no army so formidable as those who are superior to the fear of death. There is nothing more awful to think of than that those whose trade is war should be despisers of the name of the Lord of hosts, and that they should expose themselves to the imminent danger of being immediately sent from cursing and cruelty on the earth to the blaspheming rage and despairing horror of the infernal pit. Let, therefore, every one, who from generosity of spirit or benevo- lence of heart offers himself as a champion in his country's cause, be jier- suaded to reverence the name and walk in the fear of the Prince of the kings of the earth, and then he may, with the most unshaken firmness, expect the issue either in victory or death. Let it not be forgotten that though for the wise ends of his providence it may please God for a season to suffer his people to lie under unmerited oppression, yet in general we may expect that those who fear and serve him in sincerity and truth will be favored with his countenance and sti'ength. It is both the character and the privilege of the children of God that they call upon him in the day of trouble, and He who keepeth covenant and truth for ever has said that his ears are always open to their cry. We need not mention to you in how many instances the event in battles and success in war have turned upon circumstances which were inconsiderable in themselves, as well as out of the power of human pru- dence to foresee or direct, because we suppose you firmly believe that after all the counsels of men and the most probable and promising means, the Lord will do that which seemeth him good ; nor hath his promise ever failed of its full accomplishment. "The Lord is with you while ye be with him, and if ye seek him he will be found of you, lout if ye forsake him he will forsake you." 2 Chron. xv. 2. After this exhortation, which we thought ourselves called upon to give you at this time on your great interest, the one thing needful, we shall take the liberty to offer a few advices to the societies under our charge as to their public and general conduct ; and. First. In carrying on this important struggle, let every opportunity be 286 FORM OF GOVERNMENT. taken to express your attachment and I'espect to our sovereign King George, and to the revolution principles by which his august family was seated on the British throne. We recommend, indeed, not only allegiance to him from duty and principle, as the first magistrate of the empire, but esteem and reverence for the person of the prince, who has merited well of his subjects on many accounts, and who has probably been misled into the late and present measures by those about him ; neither have we any doubt that they themselves have been in a great degree deceived by false information from interested persons residing in America. It gives us the greatest pleasure to say, from our own certain knowledge of all belonging to our communion, and from the best means of information, of the far greatest part of all denominations in the country, that the present opposi- tion to the measures of administration does not in the least arise from dis- affection to the king or a desire of separation from the parent state. We are happy in being able with truth to affirm that no part of America would either have approved or permitted such insults as have been offered to the sovereign in Great Britain. We exhort you, therefore, to continue in the same disposition, and not to suffer oppression, or injury itself, easily to provoke you to anything which may seem to betray contrary sentiments : let it ever appear that you only desire the preservation and security of those rights which belong to you as freemen and Britons, and that recon- ciliation upon these terms is your most ardent desire. Secondly. Be careful to maintain the union which at present subsists through all the colonies ; nothing can be more manifest than that the suc- cess of every measure depends on its being inviolably preserved, and, therefore, we hope that you will leave nothing undone which can promote that end. In particular, as the Continental Congress, now sitting at Phil- adelphia, consists of delegates chosen in the most free and unbiased man- ner by the body of the people, let them not only be treated with respect and encouraged in their difficult service — not only let your prayers be offered up to God for his direction in their proceedings — but adhere firmly to their resolutions ; and let it be seen that they are able to bring out the whole strength of this vast country to carry them into execution. We would also advise for the same purpose that a spirit of candor, charity and mutual esteem be preserved and promoted toward those of different religious denominations. Persons of probity and principle of every pro- fession should be united together as servants of the same Master, and the experience of our happy concord hitherto in a state of liberty should engage all to unite in support of the common interest; for there is no example in history in which civil liberty was destroyed and the rights of conscience preserved entire. Thirdly. We do earnestly exhort and beseech the societies under our care to be strict and vigilant in tlieir private government, and to watch over the morals of their several members. It is with the utmost pleasure we remind you that the last Continental Congress determined to discourage luxury in living, pul^lic diversions and gaming of all kinds, which have so fatal an influence on the morals of the pcoj^Ie. If it is undeniable that universal profiigacy makes a nation ripe for divine judgment, and is the natural mean of bringing them to ruin, refornuition of manners is of the utmost necessity in our present distress. At the same time, as it has been observed by many eminent writers that the censorial ])ower, which had for its object the manners of tlie public in the ancient free states, was ab- solutely necessary to their continuance, we cannot help being of opinion that the only thing whicli we have now to supply the place of this, is the religious discipline of the several sects with respect to their own members; OF THE GENERAL ASSEMBLY. 287 SO that tlie denomiuation or profession which shall take the most effectual care of the instruction of its members, and maintain its discipline in the fullest vigor, will do the most essential service in the whole body. For the very same reason the greatest service which magistrates or persons in authority can do, with respect to the religion or morals of the people, is to defend and secure the rights of conscience in the most equal and impartial manner. Fourthly. We cannot but recommend and urge in the warmest manner a regard to order and the public peace ; and as in many places, during the confusions that prevail, legal proceedings have become difficult, it is hoped that all persons will conscientiously pay their just debts, and to the utmost of their power serve one another, so that the evils inseparable from a civil war may not be augmented by wantonness and irregularity. Fifthly. We think it of importance at this time to recommend to all of every rank, but especially to those who maybe called to action, a spirit of humanity and mercy. Every battle of the warrior is with confused noise and garments rolled in blood. It is impossible to appeal to the sword without being exposed to many scenes of cruelty and slaughter ; but it is often observed that civil wars are carried on with a rancor and spirit of revenge much greater than those between independent states. The injuries received, or supposed, in civil wars, wound more deeply than those of foreign enemies ; it is therefore the more necessary to guard against this abuse, and recommend that meekness and gentleness of spii-it which is the noblest attendant on true valor. That man will fight most bravely who never fights till it is necessary, and who ceases to fight as soon as the necessity is over. Lastly. We would recommend to all the societies under our care not to content themselves with attending devoutly on general fasts, but to con- tinue habitually in the exercise of prayer, and to have frequent occasional voluntary meetings for solemn intercession with God on the important trial. Those who are immediately exposed to danger need your sym- pathy ; and we learn from the Scriptures that fervency and importunity are the very characters of that prayer of the righteous man which availeth much. We conclude with our most earnest prayer that the God of heaven may bless you in your temporal and spiritual concerns, and that the present unnatural dispute may be speedily terminated by an equitable and lasting settlement on constitutional principles. Signed in the name, presence and by appointment of the Synod. Benjamin Hait, Moderator. JSfcw York, May 22, 1775. N. B. The stated clerk is to insert the pastoral letter from a printed copy. The Synod agree that five hundred copies of said pastoral letter be printed, and order the synodical treasurer to pay the expenses of print- ing, which is to be by the Synod refunded at their next meeting. ^Ir. Halsey dissents from that paragraph of said letter which contains the declarations of allegiance. — 1775, pp. 466-469. 5. Address to Washington on his Election to the Presidency. On motion. Resolved unanimously, That an address be presented from the General Assembly of the Presbyterian Church to the President of the United States, and that Drs. Witherspoon, Alison and S. S. Smith be a Committee to draft said address : 288 rORM OF GOVERNMENT. To THE President of the United States : Sir : The General Assembly of the Presbyterian Church in the United States of America embrace the eai'liest opportunity in their power to test- ify the lively and unfeigned pleasure which they, with the rest of their fellow-citizens, feel, on your appointment to the first office in the nation. We adore almighty God, the Author of every perfect gift, who hath endued you with such a rare and happy assemblage of talents as hath ren- dered you equally necessary to your country in Avar and in peace. Your military achievemeuts ensured safety and glory to America in the late arduous conflict for freedom, while your disinterested conduct and uni- formly just discernment of the public interest gained you the entire con- fidence of the people ; and in the present interesting period of public afiairs the influence of your personal character moderates the divisions of political parties, and promises a permanent establishment of the civil government. From a retirement more glorious than thrones and sceptres you have been called to your, present elevated station by the voice of a great and a free people, and with a unanimity of sufli-age that has few if any exam- ples in history. A man more ambitious of fame or less devoted to his country would have refused an office in which his honors could not be augmented, and where they might possibly be subject to a reverse. We are happy that God has inclined your heart to give yourself once more to the public. And we derive a favorable presage of the event from the zeal of all classes of the people and their confidence in your virtues, as well as from the knowledge and dignity with which the federal councils are filled. But we derive a presage even more flattering from the piety of your character. Public virtue is the most certain means of public felicity, and religion is the surest basis of virtue. We, therefore, esteem it a peculiar happiness to behold in our Chief Magistrate a steady, uniform, avowed friend of the Christian religion, who has commenced his admin- istration in rational and exalted eentimeuts of piety, and wlio in his pri- vate conduct adorns the doctrines of the gospel of Christ, and on the most public and solemn occasions devoutly acknowledges the government of divine Providence. The example of distinguished characters will ever possess a powerful and extensive influence on the public mind ; and when we see in such a conspicuous station the amiable example of piety to God, of benevolence to men and a pure and virtuous patriotism, we naturally hope that it will diffuse its influence, and that ev^entually the most happy consequences will result from it. To the force of imitation we will endeavor to add the wholesome instructions of religion. We shall consider ourselves as doing an acceptable service to God in our profession when we contribute to ren- der men sober, honest and industrious citizens, and the obedient subjects of a lawful government. In these pious labors we hope to imitate the most worthy of our brethren of other Christian denominations, and to be imitated by them, assured that if we can by mutual and generous emula- tion promote truth and virtue, we shall render a great and important ser- vice to the republic, shall receive encouragement from every wise and good citizen, and above all meet the approbation of our divine Master. AVe pray almighty God to have you always in his holy keeping. May he prolong your valuable life, an ornament and a blessing to your country, and at last bestow on you tlie glorious reward of a faithful servant. Signed by order of the General Assembly. John Kodgers, Moderator. Philadelphia, May, 1789. —1789, p. 11. of the general assembly. 289 •Washington's Reply. The Committee appointed to present the address of the General Assem- bly to the President of the United States reported that thev presented the said address, agreeably to the order of last year, and received from the President the following answer, viz. : To the General Assembly of the Preshyterian Church in the United States of America. Gentlemen : I receive with great sensibility the testimonial given by the General Assembly of the Presbyterian Church in the United States- of America of the lively and unfeigned pleasure experienced by them on my aj)pointment to the first office in the nation. Although it will be my endeavor to avoid being elated by the too favor- able opinion which your kindness for me may have induced you to express of the in)portance of my former conduct and the effect of my future ser- vices, yet, conscious of the disinterestedness of my motives, it is not neces- sary for me to conceal the satisfaction I have felt upon finding that my compliance with the call of my country and my dependence on the assist- ance of Heaven to support me in my arduous undertakings have, so far as I can learn, met the universal apj^robation of my countrymen. While I reiterate the professions of my dependence upon Heaven as the source of all public and private blessings, I will observe that the general prevalence of piety, philanthropy, honesty, industry and economy seems, in the ordi- nary course of human affairs, particularly necessary for advancing and confirming the happiness of our country. While all men within our ter- ritories are protected in worshiping the Deity according to the dictates of their consciences, it is rationally to be expected from them in return, that they will all be emulous of evincing the sincerity of their professions by the innocence of their lives and the benevolence of their actions ; for no- man who is profligate in his morals, or a bad member of the civil commu- nity, can possibly be a true Christian or a credit to his own religious society. I desire you to accept my acknowledgments for your laudable endeav- ors to render men sober, honest and good citizens, and the obedient sub- jects of a lawful government, as well as for your prayers to almighty God for his blessing on our common country and the humble instrument which he has been pleased to make use of in the administration of its gov- ernment. George Washington. —1790, p. 24. 6. Pastoral Letter Occasioned by the Results of the French Revolution. A pastoral letter from the General Assembly of the Presbyterian Church in the United States of America to the people in their communion: Dear Friends and Brethrijn: The aspect of divine Providence, and the extraordinary situation of the world, at the present moment, indicate that a solemn admonition by the ministers of religion and other church oflficers, in General Assembly convened, has become our indispensable duty. When formidable innovations and convulsions in Europe threatened de- struction to morals and religion, when scenes of devastation and blood- shed, unexampled in the history of modern nations, have convulsed the Avorld, and when our own country is threatened with similar calamities, insensibility in us would be stupidity, silence would be criminal. The watchmen on Zion's walls are bound by their commission to sound a gen- eral alarm at the approach of danger. We therefore desire to direct your 37 290 FORM OF GOVERNMENT. RAvakened attention towards that bursting storm which threatens to sweep before it the religious principles, institutions and morals of our people. We are filled with a deep concern and awful dread whilst we announce it. as our real conviction that the eternal God has a controversy with oui nation, and is about to visit us in his sore displeasure. A solemn crisis has arrived in which we are called to the most serious contemplation of the moral causes which have produced it, and the measures which it be- comes us to pursue. With regard to the causes of those national calamities which we either feel or fear, a little reflection may convince us that these may be traced to a general defection from God and corruption of the public i)rincij)les and morals. These usually keep an equal pace, and they uniformly precede the ruin of nations. The evidences of our guilt are, unhappily, too numerous and glaring. We perceive, with pain and fearful apprehension, a general dereliction of religious principle and practice amongst our fellow-citizens; a great de- parture from the faith and simple purity of manners for which our fathers were I'emarkable ; a visible and prevailing impiety and contempt for the laws and institutions of religion, and an abounding infidelity which in many instances tends to Atheism itself, which contemptuously rejects God's eternal Son, our Saviour, ridicules the gospel and its most sacred myster- ies, denies the providence of God, grieves and insults the Holy Spirit — in a word, which assumes a front of daring impiety and possesses a mouth filled with blasphemy. In the midst of the alarming situation of the public mind, which we have noticed above, we perceive a degree of supineness and inattention amongst too many of the ministers and professors of Christianity which seems to threaten a dissolution of religious society. Formality and dead- ness, not to say hypocrisy, a contempt for vital godliness and the spirit of fervent piety, a desertion of the ordinances, or a cold and unprofitable attendance U])on them, visibly pervade every part of the Church, and cer- tain men have crept in amongst us who have denied or attempt to explain away the pure doctrines of the gospel, to introduce pernicious errors which were either not named or named with abhorrence, but which have within a few years since been embraced by deluded multitudes. The Lord's day is horribly profaned and family religion and instruction la- mentably neglected. Our ingratitude to God enhances our dreadful guilt. No people have been more highly favored in our original establishment, our increasing prosperity, and particularly in our contest during the Revolutionary war and its i)rosperous issue; but, alas ! we have basely forgotten our Benefac- tor. We have abused his favors and turned them into engines of o[)po- sition against himself. " He has nourished and brought us up as children, and we have rebelled against him." The profligacy and corruption of the public morals have advanceil with a progress proportioned to our declension in religion. Profancness pri-e pray you to shake oft' the spirit of slumber wherever it rests. One of the burning and shining lights of the Church said iu his day, " Little do we know what many a soul may now be suffering in hell through our neglect or coldness." Our opportu- nities to serve God in the Church below will soon be past for ever. Soon we can pray no more, preach no more, and no more beseech sinners to be reconciled to God. The time is short. The Judge standeth before the door. The night cometh when no man can work. Brethren, put on bowels of mercy and compassion, and devote your remaining days to proper efforts to save men from the coming wrath, and thus bring glory to your divine Kedeemer who is over all God blessed for ever. NICHOLAS MURRAY, Moderator. Pimhurg, Mav, 1849. —1849, pp. 424-429, O. S. 14. On Diligence in Repairing the Wastes of the AVar. The General Assembly of the Presbyterian CInirch in the United States of America, in session at Pittsburg, Pennsylvania, in the year of our Lord 1865, send to the Churches under their care, greeting : The terrible calamities which have befiillen our country during the last four years, and their injurious influence on the material, intellectual, moral and religious condition of the people, render it peculiarly important for the General Assembly, composed of your representatives from most of the loyal States, to remind you of the solenm responsibilities which this state of things devolves upon our churches, as well as upon the other Christian churches of this land. Immense districts in the Southern States, now redeemed from the civil rebellion, have become, by the casualties of war, desolate wastes, the re- pairing of which demands immediate and earnest attention. Their politi- cal status is under the direction and control of the civil government. Their desolated fields must be put under cultivation, and their ruined dwellings, villages and cities rebuilt by individual industry and enterprise. But their intellectual, moi-al and religious privileges, by means of literary institutions and gospel ordinances, must be restored by the exertions of Christian philanthropy. And in the Northern States, though the war has OF THE GENERAL ASSEMBLY. 321 not materially diminished their wealth and prosperity, nor closed their schools, colleges and churches, we have reason to apprehend that the de- moralizing influences of the camp upon the habits of our brave and patriotic soldiers will introduce into hundreds of neighborhoods in the North vices heretofore unknown, unless counteracted by timely and effi- cient eff"orts. " The patriotism of the nation, under God, has saved the Union, and it now remains for the piety of the Church to sanctify the people." The means for accomplishing this work have been instituted by God himself, viz., earnest and believing prayer for the outpouring of his Holy Spirit, the faithful preaching of his word, and the liberal contribution of our substance for keeping in vigorous operation those auxiliary agencies which are adapted to benefit and save the souls of men. The first great want of the Church and country is the effusion of the Holy Spirit, for which earnest prayer should be daily offered to God. The gift of the Spirit, descending in penteco.stal showers upon all our borders, will heal the breaches which have been made among us by this cruel and bloody war, reclaim from sin and ruin the many thousands who, in con- sequence of the war, have yielded too much to the corrupting tendencies of their depraved appetites and passions, purify the fountains of litera- ture, and make all our schools and colleges the sources of virtuous and holy influences, impart to our firesides and places of business, to our popular assemblies and halls of legislation, a spirit of healthful and happy piety, and surround our whole land with a halo of celestial light and love. But this inestimable blessing must be sought by earnest and importu- nate supplication. God will be inquired of by the house of Israel to do these things for them. Brethren, pray without ceasing until the Lord shall rain, righteousness upon us, like the prophet Elijah on Mount Car- mel, who cast himself down upon the earth in prayer, and sent his servant seven times in succession to look toward the sea, until at last a little cloud appeared like a man's hand, and speedily a refreshing and fertilizing rain covered the whole land of Israel, In addition to daily prayer in the closet and family, the Assembly recommend that our pastors and church sessions, at their discretion, appoint meetings for prayer in their respective congregations, daily if practicable, but if not, then once or twice a week, to pray especially for tiie outpouring of the Holy Spirit ; and that, like the pious and faithful few who assembled daily for prayer, for ten days prior to the day of Pentecost, these praying ones look and wait in believing expectation for the fulfillment of the divine promise to send this blessing upon his Church, In connection with prayer, the Assembly recommend that, as often as may be deemed expedient by our ministers and church sessions, they also appoint special public services for preaching the gospel. God has visited some of our congregations with large outpourings of his Holy Spirit in connection with these extra services. By these means the unconverted are brought daily under the influence of the preached word, and impressions produced one day are deepened by warnings reiterated on the next, and the result has often been a precious ingathering of souls. The Assembly further exhort the churches under their care to practice an enlarged liberality in sustaining the cause of Christian benevolence. Not to mention other benevolent objects and associations, the operations of the several boards of our own Church, and of the Committee recently appointed to benefit the freedraen, are of the first importance, and they are increasing in magnitude every year ; and with regard to some of them, 41 322 FORM OF GOVEENMENT. owing to the extraordinary condition of our country, particularly in the Southern States, there is an urgent call for the most liberal contributions. Our nation has been appropriating the public treasure by hundreds of millions for the suppression of the rebellion, and our citizens have volun- tarily contributed with remarkable liberality for the relief and comfort of our suffering soldiers, refugees and freedmen. Let our churches con- tribute with corresponding liberality to promote their spiritual welfare. A special thank-offering is due to our Saviour God, the King of kings, and Lord of lords, in view of the signal deliverance over which we now rejoice. Finally, the Assembly would add to these several recommendations that there is a special demand on all loyal and Christian men, in the hopeful termination of our national calamities, to endeavor, by every appropriate means in their power, to bring together in friendly relations the discord- ant and conflicting elements of civil society. Let all become good Sa- maritans to heal the wounds which have been made by this fratricidal Avar, and to administer to the wants of the distressed and unfortunate. Even those who have been our avowed and bitter enemies, once defiant, but now conquered, are entitled to our sympathy and kindness. Act with regard to them, dear brethren, according to the spirit of those inspired words of the prophet Isaiah which were put on record for our instruction, with the assurance that the reward promised will also be yours : " Is not this the fast that I have chosen? to loose the bands of wickedness, to undo the heavy burdens, and to let the oppressed go free, and that ye break every yoke? Is it not to deal thy bread to the hungry, and that thou bring the poor that are cast out to thy house? when thou seest the naked, that thou cover him ; and that thou hide not thyself from thine own flesh ? Then shall thy light break forth as the morning, and thine health shall spring forth speedily ; and thy righteousness shall go before thee ; the glory of the Lord shall be thy reward. Then shalt thou call, and the Lord shall answer ; thou shalt cry, and he shall say. Here I am. If thou take away from the midst of thee the yoke, the putting forth of the finger, and speaking vanity ; and if thou draw out thy soul to tlie hungry, and satisfy the afflicted soul ; then shall thy light arise in ob- scurity, and thy darkness be as the noonday ; and the Lord shall guide thee continually, and satisfy thy soul in drought, and make fat thy bones : and thou shaltbe like a watered garden, and like a spring of water whose waters fail not. And they that shall be of thee shall build the old waste places ; thou shalt raise up the foundations of many generations ; and thou shalt be called. The repairer of the breach, The restorer of paths to dwell in." Isa. Iviii. 6-12. And now, dear brethren, may "the God of peace, that brought again from the dead our Lord Jesus, that great Shepherd of the sheep, through the blood of the everlasting covenant, make you perfect in every good work to do his will, working in you that which is well pleasing in his sight, through Jesus Ghrist, to whom be glory for ever and ever. Amen." —1865, pp. 600-603, O. S. On the Rebellion. — See Minutes, 1866, pp. 82-90, O. S. 15. Pastoral Letter on the Observance of the Sabbath. Dear Brethrp:n: In the exercise of that spiritual oversight to which we are called as the highest court of our beloved Church, it has seemed good to us to address you in regard to the observance of "the Lord's day." We are especially moved to this duty now by sundry memorials and overtures from different parts of the Church, which set forth the fact OF THE GENERAL ASSEMBLY. 323 that this holy day is profaned in our land in a variety of ways and to an extent most alarming to God's people. And in these circumstances we make an appeal to you, not only to stir up your minds by way of remem- brance, but also to enlist your example and co-operation in every avail- able form, in resisting the encroachments of a wicked world uj)on the honor of Zion's King. Nothing is plainer than that "the Sabbath was made for man," and therefore that it is of universal and perpetual obligation. The Lord him- self " blessed " and " hallowed " it at the creation. Its requirements have a distinct place among the statutes of the Moral Law, which, being founded upon immutable principles and designed to express the permanent rela- tions between God and man, is applicable to all times and circumstances. The visions of prophecy looked forward to the dispensation of the fullness of the times when the "sons of the stranger" should not only "join them- selves to the Lord to serve him," but should "keep the Sabbath from pol- luting it and take hold of his coveuant," and thus be "brought to his holy mountain and made joyful in his house of prayer." Isa. Ivi. 6, 7. But most of all do we find our sanction in the example of our blessed Lord and his disciples. His resurrection from the dead on the first day of the week — thenceforth tlie Christian Sabbath — was his entrance into rest after the creation of the "new lieavens and new earth" was "finished." His subsequent appearances to his disciples on that day during the period pre- ceding his ascension, tlie fact of their meeting on that day also for preach- ing and prayer, the breaking of bread, collections for the saints and other acts of worship (Acts xx. 7 ; 1 Cor. xvi. 2), and the uniform habit of the early Christians under apostolic example and direction to the same efiect, leave no room for doubt. Whilst in honor of the greater work of redemp- tion the observance was transferred from the last to the first day of the week, we still have the Sabbath itself, resting upon the same fundamental law, solemnly sanctioned by the exalted Head of the Church and de- manding in his name the same evangelical obedience due to all his will. From all these sources alike — divine example, divine law, prophecy and the gospel — the warrant and duty to honor God by the sanctification of the Sabbath are clear and unmistakable. Experience and the fitness of things only confirm this view. The phys- ical nature of man and of inferior animals demands cessation from toil at least one-seventh portion of the time. The formation of right mental and moral habits, the proper training of families, the general welfare of soci- ety, the stability of government, the necessities of public worship and the interests of religion, all unite in requiring the maintenance of the Sabbath in its integrity both against the infidelity which questions its divine ap- pointment and the worldliness which dishonors and desecrates it. All history and experience unite to testify that only where the Lord's day is observed, and in full proportion to the sacredness attached to it, does the gospel of Christ accomplish its true mission in moulding public sentiment, in conserving sound morality and in saving the souls of men. And so it must ever be, for the reason that Jehovah himself has said, "Them that honor me I will honor, but those that despise me shall be lightly esteemed." Truth, virtue, morality and religion, including "all spiritual blessings in heavenly places in Christ," find one of their most sacred pledges in this holy institution, whilst they must ever fail if it be neglected and polluted. In view of these things, the Assembly looks with the deepest concern upon the tendencies of these times toward relaxation in sentiment and practice upon this subject. Whilst it may not be possible for this or any 324 FORM OF GOVERNMENT. other body to discriminate accurately in all cases between acts of necessity and mercy and those which are sinful in themselves or by reason of cir- cumstances, there are principles and rules of the clearest application to this subject which cannot be too faithfully repeated, and there are preva- lent violations of the law of the Sabbath which call for the most earnest warnings. It is a matter for painful regret that a pernicious example is still steadily set before the nation by one department of the government and occasionally by others. Although the excitements of the war have for the most part subsided, their effects still linger in society in the care- lessness of some and the recklessness of others concerning sacred time. In certain parts of the country business is, to some extent, prosecuted on the Sabbath. Travel is only partially suspended in compliance with its claims. Multitudes, especially in our cities and larger towns, give them- selves without restraint to pleasure during its holy hours. Saloons and places of amusement are fearful rivals to the Lord's sanctuaries. Secular newspapers — some of which, alas! are issued ou the Sabbath — and books without religious beariug and spirit, too often thrust out, even on God's day, his holy word and other reading inculcating its truths. Faithful Sabbath instruction in the home circle has to a large extent become a memory of past generations, having yielded its place either to other instru- mentalities or total neglect. Even the supplies of bread and milk in cities and towns have takeu a form which, to say the least, often, beyond any plea of necessity, involves trespass upon the day of rest. "Sunday trains" are run by many railroad companies, thereby holding employees to uij- warranted service and offering temptation to business or pleasure travel- ing which otherwise would not have been undertaken. Lines of street-cars also, now so generally established in our cities, whilst furnishing great ac- commodations through the secular week, are to a lamentable extent em- ployed in the interest of pleasure excursions and unnecessary travel, some- times even by professing Christians, to the great detriment of morality and religion, whilst also their noise often disturbs beyond endurance the quiet of families and the worship of congregations before whose doors they pass. In such and other kindred ways are the Lord's name and honor profaned ; and the profanation appears just where a divine and holy jeal- ousy guards that proportion of our time which the INIost High has reserved for himself, and also guards "the gates of Ziou," which he " loves more than all the dwellings of'jacob." Its damage to every spiritual interest who can tell? With such views, brethren, of our highest obligations on the one hand, and of peril to the cause of our divine Master on the other, we appeal to your consciences and hearts. We address not so much the unbelieving world as you who profess hearty subjection to the law of God and the gos- pel of Christ. We are profoundly" convinced that the professing Chris- tians of this hind, both ministers and people, have it in their power, through the blessing of God upon their fidelity, to rescue from dishonor that holy day which, standing in the very front of the institutions of our religion, prominently represents our dearest spiritual rights and blessings. The great battles of the Church with skepticism and sin alike must be largely fought on this issue. This breastwork must at all hazards be maintained against the subtle and combined enemies of God and man. In the very way of divine appointment must this sacred ordinance be kept and used for the divine honor, for the ])urhy of the Church and for all the precious m- trrests of truth and righteousness in the earth. For present sanctificatiou and future glory we must thus maintain our communion with God, and so OF THE GENERAL ASSEMBLY. 325 "enter into his rest," whilst we "cease from our own works as God did from liis." We must remember the Sabbath day to keep it holy. We counsel you to cast your undivided influence on the side of the Lord's day. Cultivate, we beseech you, in yourselves, in your families and in all over whom your influence extends, just and scriptural views of its sacredness. Let your example, not in the spirit of Jewish bondage, but of Christian liberty and love, illustrate and adorn it. In your cha- racter as citizens, in harmony with the largest freedom of our institutions, do not fail to promote and sustain the time-honored and wholesome statutes which have been enacted to preserve this essential ])art of that " general, tolerant Christianity, without sect or party," which belongs to the funda- mental law of the laud. In every way calculated to honor our exalted Redeemer, through the sacred day which is at once the testimony of his resurrection and the pledge of " his inheritance In the saints," and in every way also likely to win the woi'ld to honor it for his sake, let your con- sciences be pure in the sight of God, and let your faithfulness appear unto all men. Do not forget that " the Son of man h Lord also of the Sab- bath day." In conclusion, we respectfully recommend that all our pastors and stated supplies, as soon, and also as often, as may be convenieiit, preach upon the observance of the Christian Sabbath, instructing the people carefully from God's word in regard to its origin, meaning, obligation, privileges and pur- pose, the true spirit and manner in which it is to be kept, and all those duties, personal and relative, which grow out of it or are connected with it. " Grace be with you all. Amen."— 1867, p. 385-387, 0. S. VI. Before any overtures or regulations proposed by the Assembly to be established as constitutional rules shall be obligatory on the churches, it shall be necessary to transmit them to all the Presbyter- ies, and to receive the returns of at least a majority of them, in writing, approving thereof. [The phrase "standing rules" as found in the Constitution of 1788, was changed, as above, to " constitutional rules" by vote of the Presbyteries, in 1805.— p. 332.] 1. Power of the Assembly to make Standing Rules. [The Presbytery of New York laid before the Assembly the following paper, viz. :] Tlie Presbytery took into consideration the regulations adopted by the General Assembly at their last meeting, intended to embrace and extend the existing rules respecting the reception of foreign ministers and licen- tiates, whereupon the Presbytery were of opinion that if the General Assembly designed these regulations as a standing rule, supposing that, having passed through their body, they became obligatory ui)on the subor- dinate judicatories, and ought to be carried into immediate effect, they therein violated the sixth section of the eleventh chapter of our Constitu- tion, which says, " Before any overtures or regulations," etc. — 1799, p. 172. [To this paper the Assembly replied :] 1. That the first reason assigned by the Presbytery of New York for their request is founded on a misinterpretation of' an ambiguous expres- sion in the Constitution. The sixth section of the eleventh chapter is thus expressed: "Before any overtures or regulations proposed by the Assembly to be established as standing rules shall be obligatory on the 326 FORM OF GOVERNMENT. churches, it shall be necessary to transmit them to all the Presbyteries and to receive the returns of at least a majority of the Presbyteries in writing approving thereof." Standing rules in this section can refer only to one of the following objects: 1st. To articles of the Constitution which, when once established, are unalterable by the General Assembly ; or 2d. To every rule or law enacted without any term of limitation expressed in the act. The latter meaning would draw after it consequences so extensive and injurious as forbid the Assembly to give the section that interpreta- tion. It would reduce this Assembly to a mere committee to prepare business upon which the Presbyteries might act. It would undo, with few exceptions, all the rules that have been established by this Assembly since its first institution, and would prevent it for ever from establishing any rule not limited by the terms of the act itself. Besides, standing rules, in the evident sense of the Constitution, cannot be predicated of any acts made by the Assembly and repealable by it, because they are limited in their very nature to the duration of a year, if it please the Assembly to exert the power inherent in it at all times to alter or annul them, and they continue to be rules only by the Assembly's not using its power of repeal. The law in question is no otherwise a standing ride than all other laws repealable by this Assembly. — 1799, p. 179, 2. Amendments of the Constitution. — General Principles. a. Res^olved, That the Eev. Drs. Blair, Tennant and Green, the Rev. Messrs. Irwin, Miledoler, Potts, Linn and Janeway, be a Committee to take into consideration the expediency of publishing a new edition of the Confession of Faith, etc., of this Church ; to consider whether any, and, if any, what, alterations ought to be made in the said Confession of Faith, etc. ; to make such preparatory arrangements on this subject as they shall judge proper, and report to the next Assembly. — 1803, p. 282. b. The Assembly resumed the consideration of the report of the Com- mittee on Constitution, and having gone through the same by paragraphs, and made several amendments, adopted it as follows: After a very serious attention to the subject committed to them, your Committee have resolved to propose no alteration whatever in the Confes- sion of Faith and Catechisms of our Church, and are clearly of opinion that none ought to be attempted. The creed of every Church, as it ought to be derived immediately and wholly from the word of God, must be considered as standing on ground consideral)ly different from that which supports the system of forms and regulations by which worship shall be conducted and government admin- istered, and if it be once rightly settled can never be altered with pro- priety by any change of time or external circumstances of the Church. Circumstances indeed may render it proper, in deducing a summary of faith from the Scripture, to dwell more largely and particularly on some points at one time than would be necessary at another, and ever}' atten- tive and intelligent reader of our standards will probably remark that the state of the Church when our Confession and Catechisms were formed was. in fact, the cause that its pious and learned authors expressed their senti- ments on certain topics, especially such as relate to the controversies between Protestants and papists, more largely than would be necessary if the whole were to be formed anew. But still, as those sentiments are, we conceive, just in themselves, and as the particular delineation of them can do no harm, and will sometimes prove a guide both to the clergy and laity of our community, we cannot wish to see any retrenchment made. It OF THE GENERAL ASSEMBLY. 327 would give alarm to many of our people, who might suspect that this was but the iutroduction to iuuovations of more importance. And your Com- mittee will take the liberty to remark that it is by no means to be consid- ered as a vulgar or unfounded prejudice when alarm is excited by altera- tions and innovations in the creed of a Church. There are many reasons of the most weighty kind that will dispose every man of sound judgment and accurate observation to regard a spirit of change in this particular as an evil pregnant with a host of mischiefs. It leads the infidel to say, and with apparent plausibility, that there can be no truth clearly revealed in Scripture, because not only its friends of various sects, but of the same sect, pretend to see truths in it at one time which at another they discover and declare to be falsehood. It hurts the minds of weak believers by suggesting to them the same thought. It destroys the confidence of the people generally in those who maintain a system which is liable to constant fluctuations. It violates settled and useful habits. It encourages those who are influenced by the vanity of attempting to improve what wise men have executed, or by mere love of novelty, to give constant disturbance to the Church by their crude proposals of amendment. And it is actually found to open the door to lasting uneasiness, constant altercation, and finally to the adoption of errors a thousand fold more dangerous and hurtful than any that shall have been corrected. In a word, what was true when our Confession and Catechism were formed is now true. We believe that this truth has been most admirably and accurately drawn into view in these excellent performances. They have become venerable from their age. Our Church has flourished under their influence, and we can see no I'eason to alter them. If thei'e are a few things (and few they must be, and of less importance, if they exist at all) which it might be shown could be expressed more correctly, and in a manner less liable to objection, it is not proper, with a view to obtain this, to expose ourselves to the great inconve- niences and injuries that have been specified. Leaving, then, the Confession of Faith and Catechisms of our Church untouched, your Committee took into consideration the Form of Govern- ment, Director}' for Worship and Forms of Process. These, as has already been hinted, were considered as standing on other ground than our creeds. The word of God in regard to these is much less specific and particular than on articles of faith. Many things in this part of a church organiza- tion are, and must be, left to Christian prudence, and modified by the pecu- liar circumstances of religious societies, guided by the general lights which the Scripture holds forth. Here churches in one country may, and per- haps ought to, differ from those of another. We have already differed very considerably from the Church of Scotland, from which we derive our origin ; and as it is difficult, perhaps impossible, for any man or body of men to anticipate all the circumstances or cases which may turn up in practice under a general rule or law% which is framed to provide for them, experience will point out some errors and many deficiencies, and thus may suggest many real amendments — amendments, too, not liable to the most material objections that have been stated in the former case. On this part of our ecclesiastical polity, then, the work in some measure of our own hands, the Committee have ventured to propose a considerable immber of amendments, remarking, however, and begging that the remark may be particularly regarded, that the alterations proposed are of such a nature that if the whole of them should be adopted they would not alter, but only explain, render more practicable and bring nearer to perfection the general system which has already gone into use. — 1804, p. 302. [The following is inserted as showing, in the opinion of the eminent S28 FOEM OF GOVERXMEXT. men who made the report, in what way the Doctrinal Standards may be amended. In 1843, Kev. Drs. Hoge, Hodge, Spring, Leland and N. S. Kice were appointed a Committee to consider the propriety of ameudino- the Confession of Faith on the marriage question ; inter alia they say;] The Committee to whom was referred the overture to strike out tlie last sentence of chap, xxiv., sec. iv., of the Confession of Faith, beg leave to submit, in the first place, the following views respecting the question whether there is any mode i)rescribed of amending or alternig the Conles- sion of Faith, as a preliminary inquiry. The Form of Government, chap, xii., sec. vi., gives power to the General Assembly to propose overtures which, if approved by a majority of the Presbyteries, shall have the force of Constitutional Rules. This pro-. vision, it is thought, does not apply to altering or amending the Confession of Faith, 1st. Because it relates to the powers of the General Assembly, and is plainly designed to limit those powers in respect of legislation. 2d. The use of the terms "Overtures or Kegulations" defines with sufficient clearness the meaning of the expression "Constitutional Rules," and limits its application to rules af government and discipline, hut excludes altera- tions of the doctrine and fundamental principles of the Church. 3d. Un- less the language used necessarily and certainly embraces alterations of the latter kind, it would be unwise to resort to a forced construction, and thus jeopard the stability of the great px'inciples of faith and order em- braced in our standards. On the other hand, it is contended that there is and ought to be no method of altering our doctrinal formularies, and in support of this opin- ion it is said that, while prudential rules may be changed with circum- stances, the doctrines of religion reujain ever the same. But to this it is a sufficient answer that although the Bible and the truth which it contains are unchangeable, yet human compositions, such as our Confession of Faith undoubtedly is, are not infallible, but may err, and when any such error in the expression of truth is discovered, it ought to be corrected in an orderly manner. This was certainly the opinion* of the Synod of New York and Philadelphia when they adopted the Constitution of the Church. That Synod, in the adopting act, inserted a provision which allows that "two-thirds of the Presbyteries may propose altei'ations or amendments which shall be valid if subsequently enacted by the General Assemblv." So far only as this embraces Constitutional Rules, this provision has been changed, but in every other respect remains in full force. It is insufficient to allege that it has been forgotten and become obsolete, for it has ahvavs been on the records, and was published in the Digest in 1820, and it would be exceedingly unsafe to allow organic enactments thus to be overlooked and lost. It is conceived, therefore, that this method of proceeding is constitu- tional and is still in force, and should also be strictly observed. Likewise, this resolution of the Synod should be prefixed to all future editions of the Confession of Faith.— 1844, p. 422, O. S. 3. Araendments Approved, by the Presbyteries not Adopted. That on examining the proposed amendments of the Constitution sent down to the Presbyteries by the last General Assemt)ly, as they stand on the printed minutes, page 37, it a))pears that the whole of them, from Nos. 1 to 6 inclusive, were framed with such reference to each other and to their common object as that they ought to have been either adopted or rejected altogether ; and further, that the Presbyteries by rejecting the sixth have OF THE GENERAL ASSEMBLY. 329 in effect defeated the very end ■which they must have intended to secure by the adoption of the rest, and have otherwise involved the whole subject in difficulties which, from the peculiar nature of the case, it is but fair and reasonable to suppose they could not have distinctly designed or fore- seen. In this state of things your Committee beg leave to submit the fol- lowing resolution as in their judgment proper to be adopted by the Gen- eral Assembly, viz. : JVhereas, The Presbyteries have failed to report their decisions upon the subject of the proposed amendments Nos. 1, 2, 3, 4, 5, 6, as recorded in page 37 of the printed minutes of the Assembly of last year, in the full and distinct manuer contemplated in the overture submitted by that As- sembly, the General Assembly do not deem it desirable to renew the said overture at the present time ; therefore, Resolved, That the consideration of the said proposed amendments be jind the same is hereby indefinitely postponed. — 1827, p. 218. 4. "WTiere all the Presbjrteries do not Respond, the Votes given are to be Filed as the Ans-wer of the Voting Presbjrteries, unless Reversed by them. a. Resolved, That the Presbyteries which have not sent up their decis- ions on this subject (a proposed amendment of the Constitution) be re- quired to send them to the next Assembly, and that the stated clerk file the decisions reported to this Assembly, to be considered by the next As- sembly as the decisions of these Presbyteries respectively, unless they choose to send up a different decision. — 1834, p. 429. h. The stated clerk reported that fifty-seven Presbyteries had reported to this Assembly affirmative, and twenty-three negative, answers to the Overtures on the Limitation of Judicial Cases. Also, that twenty-eight Presbyteries, who have made no report to this Assembly, reported affirma- tive answers to the Assembly of 1871 ; that the whole number thus reply- ing affirmatively is eighty-five, one more than a majority of the whole number (one hundred and sixty-seven). A discussion arose on the propriety of counting those Presbyteries who sent their replies only to the Assembly of 1871, The whole matter was then referred to a Special Committee, consisting of Rev. Henry V. D. Nevius, George W. Musgrave, D. D., LL. D., and George Junkin, Esq. — 1872, p. 80. The Special Committee on the Answers to the Overtures, Limiting Ap- peals, sent down to the Presbyteries in 1870, and again, for want of full action, in 1871, reported that, in their opinion, it was competent for the Assembly to count the affirmative vote of both years, such vote securing the adoption of all the overtures, and their incorporation into the funda- mental law of the Church, by the required majority of all the Presby- teries. The following substitute for the report of the Committee was adopted : Resolved, That overtures Nos. 2, 3 and 4, of the Assembly of 1870, be again sent to the Presbyteries, irrespective of previous action. — 1872, p. 92. [The overture was rejected; ayes 69, nays 43, not answering 62. — 1873, p. 526.] 42 330 FOEM OF GOVERNMENT. 5. Of the -way in which the Answers of the Presbyteries are to be Attested, and w^hen the Question shall be held to be Deter- mined. Overture No, 27, being a paper submitted by the stated clerk, asking instructions respecting the proper form of reports from Presbyteries enti- tled to be received by him in answer to overtures sent down from the Gen- eral Assembly. The Committee recommend, 1. That the Assembly enjoin upon all the Presbyteries, in sending up responses to overtures, to have them duly signed by the moderator and clerk, or at least one of them, in order that the full spirit of the Constitution, chap, xii., sec. vi., may be complied with. 2. That in the case of Presbyteries in foreign lands the stated clerk shall receive their answers to overtures, and i^lace them on file, and report them to the Genei'al Assembly at the earliest oppoi'tunity ; and the answers from Presbyteries shall not be deemed as determining the question sub- mitted to them until reasonable time shall have elapsed to hear from all the Presbyteries, or until it is clear that answers which may have been made, but not received, would not affect its final determination. The report was adopted. — 1867, p. 358, O. S. VII. The General Assembly shall meet at least once in every year. On the day appointed for that purpose, the moderator of the last As- sembly, if present, or, in case of his absence, some other minister, shall open the meeting with a sermon, and preside until a new mod- erator be chosen. No commissioner shall have a right to deliberate or v^ote in the Assembly until his name shall have been enrolled by the clerk, and his commission examined and filed among the papers of the Assembly. 1. Adjourned Meetings of the Assembly. [In 1846, the Assembly, N. S., then meeting triennially, was adjourned by the moderator, in accordance with a previous vote, to meet in the city of Cincinnati, Ohio, on the third Thursday of May, 1847. On the consti- tutionality of such adjournment the opinion of Chancellor Kent, of New York, was sought, and given as follows :] The question is, Had the General Assembly, under the Constitution of the Presbyterian Church, a lawful or rightful power to so adjourn? ANSWER. In my opinion, the power of adjournment rests in the sound discretion of the General Assembly. I consider the power to be necessarily incident to every deliberative assembly, unless specially prohibited by its charter or constitution. It appertains, of course, to all legislative assemblies, and is occasionally exercised. This is the case with the English Parlia- ment, and with the legislative assemblies in the United iStates. The Constitution of the United States says that Congress shall assemble at least once in every year, and on the first Monday in December. The only inhibition in the Constitution is that neither House shall adjourn without the consent of the other for more than three days, nor to any other place. The Constitution is silent as to any other adjournment, and yet no (juestion has ever been raised as to the power of Congress or both Houses concurrently to adjourn the session to a future time. OF THE GENERAL ASSEMBLY. 331 So in the Constitution of New York, tlie legislative term begins on the first of January, and the Legislature are to assemble every year on the first Monday in January, and neither House without the consent of the other can adjourn for more than two days. No doubt is raised as to the competency of the two Houses jointly to adjourn, in their discretion, to any future or distant day. And though the Legislature are to meet as prescribed, and are, as to the Assembly, elected annually, it is now in con- templation at the present session to adjourn over to the month of Sep- tember. Tlie Constitution of the Presbyterian Church leaves silently the same power of adjournment, precisely on the same footing of discretion. Thus the General Assembly are to meet at least trienuially or once in every third year. And the last moderator, with the concurrence of the stated and permanent clerks, may call a pro re nata meeting of the General As- sembly, in case of any emergency, on four months' notice.* And the Assembly is to be considered as the same with the previous one. The adjournment preserves the identity of the Assembly. I have no doubt that upon a sound construction of the Constitution the General As- sembly has tlie same analogous power as all other political legislative bod- ies to which I have alluded. If any greater restriction had been intended, it would have been expressed. The language quoted implies as of course the power of adjournment. It is a wise and necessary power to guard against calamities and overruling necessities, such as a desolating sickness, or conflagration, or insurrection, etc. It may be safely confided to such a representation, if anything may. Even in ordinary civil corporations, where powers are granted very guardedly and construed strictly, it is adjudged that a corporation may transact any business at an adjourned meeting which they might have transacted at an original meeting (11 Vt. Reports, 385). For these reasons briefly I conclude that the power of adjournment by the General Assembly the last year to Cincinnati was constitutional. JAMES KENT. New York, April 19, 1847. —1847, p. 147, N. S. 2. The Adjourned Meeting of 1869. The two Assemblies of 1869, meeting in New York, mutually agreed — a. Tliat the said General Assemblies now sitting shall, after finishing their business, adjourn, to meet in tlie city of Pittsburg, Pennsylvania, on the sec(md Wednesday of November, 1869, at 11 o'clock a.m. — O. S., p. 915; N. S., p. 277. b. It was ordered that when the Assembly adjourns this afternoon it be to meet in the First Church of Pittsburg, on Wednesday, the 10th day of November next, at 11 o'clock^A. m. — 1869, p. 949, O. S."^ In accordance with previous action, the Assembly, with prayer and the apostolic benediction by the moderator, adjourned to meet at the Third Presbvterian Church, in the city of Pittsburg, Pa., on the second Wednes- day of November, A. D. 1869, at 11 o'clock a.m.— 1869, p. 304, N. S. 3. Who may sit as Commissioners in an Adjourned Assembly. a. The Committee (Hon. Daniel Haines and Hon. Joseph Allison, LL. D.) on Instructing the Presbyteries concerning their representation [* It was so provided in the plan under which triennial Assemblies were held. — ■ 1839, p. 27, N. S.] 332 FORM OF GOVERNMENT. at the adjourned meeting of this Assembly presented a report, wLich was adopted, and is as follows : Whereas, It has been questioned whether this Assembly at the pro- posed adjourned meeting, in November next, at Pittsburg, Pa., can be properly constituted of the principal or alternate commissioners not in attendance on the sessions of the body at this time ; therefore, Resolved, In the judgment of the Assembly those commissioners only who have presented their commissions, and whose names have been placed on the roll, will be entitled to participate in the meeting of the Assembly in November, except in case of a vacancy occasioned by death, resignation, refusal or inability of any such commissioner to attend, in which event it will be competent and proper for the Presbytery to supply the vacancy by a new election or appointment. — 1869, p. 290, N. S. b. W. E. Schenck, D. D., permanent clerk, from the Committee on Com- missions, reported that several gentlemen were present with commissions as alternates, the principals being absent. On motion of G. W. Mus- grave, D. D., it was Resolved, That all alternates presenting regular commissions be en- rolled, the principals being absent. Mr. Henry Day was requested to communicate this action to the Assembly of the other branch, now sitting in the Third Presbyterian Church in this city, which he did. The alternates present were enrolled as follows : W. A. Scott, D. D., from the Presbytery of New York; Rev. Joseph A. Hanna, from the Presbytery of Oregon ; Rev. A. B. Cross, from the Presbytery of Balti- more ; Ruling Elder Wm. Carpenter, from the Presbytery of Newton. — 1869, p. 1143, O. S. 4. The Assembly Excluded Commissioners from Sitting Pending- Investigation.— See 1866, p. 12, O. S. VIII. Each session of the Assembly shall be opened and closed with prayer. And the w'hole business of the Assembly being finished, and the vote taken for dissolving the present Assembly, the moderator shall say from the chair — " By virtue of the authority delegated to me by the Church, let this General Assembly be dissolved, and I do hereby dissolve it, and require another General Assembly, chosen in the same manner, to meet at on the day of A. D. " — after which he shall pray and return thanks, and pro- uounce, on those present, the apostolic benediction. Specimen of the Minute of Dissolution. The minutes of this session were read and approved. After the offering of solemn praise and 'thanksgiving, the business of the Assembly having been completed, and the vote taken for the dissolu- tion of the Assembly, the moderator, with prayer and the apostolic bene- diction, declared the Assembly dissolved, and required another Assembly, chosen in the same manner, to meet at the Central Presbyterian Church in the city of Baltimore, Maryland, on the third Thursday of May, A. D. 1873.— 1872, p. 96. of the general assembly. 333 The Charter of the Trustees of the Assembly. a. An Act for incorporating the Trustees of the Ministers and Elders constituting the Gen- eral Assembly of the Presbyterian Church in the Zhiited States of America. Whereas, The ministers and elders forming the General Assembly of the Presbyte- rian Church of the United States of America, consisting of citizens of the State of Pennsylvania and of others of the United States aforesaid, have by their petition rep- resented that by donations, bequests or otherwise of charitably-disposed persons, they are possessed of moneys for benevolent and pious purposes, and the said ministers and elders have reason to expect further contributions for similar uses; but from the-scat- tered situation of the said ministers and elders and other causes, the said ministers and elders find it extremely difficult to manage the said funds in the way best calculated to answer the intention of the donors ; therefore. Sec. 1. Be it enacted by the Senate and House of Representatives of the Common- wealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, that John Rodgers, Alexander McWhorter, Samuel Stanhope Smith, Ashbel Green, William M. Tennent, Patrick Allison, Nathan Irvin, Joseph Clark, Andrew Himter, Jared Ingersoll, Robeit Ralston, Jonathan R. Smith, Andrew Bayard, Elias Boudinot, John Nelson, Ebenezer Hazard, David Jackson and Robert Smith, merchant, and their successors duly elected and appointed in manner as in hereafter directed, be, and they are hereby made, declared and constituted, a corpora- tion and body politic and corporate, in law and in fact, to have continuance for ever, by the name, style and title of " Trustees of the Genei-al Assembly of the Presbyterian Church in the United States of America ;" and by the name, style and title aforesaid shall for ever hereafter be persons able and capable in law as well to take, receive and hold all and all manner of lands, tenements, rents, annuities, franchises and other he- reditaments, which at any time or times heretofore have been granted, bargained, sold, enfeoffed, released, devised or otherwise conveyed, to the said ministers and elders of the General Assembly of the Presbyterian Church of the United States, or any other person or persons, to their use, or in trust for them ; and the same lands, tenements, rents, annuities, liberties, franchises and other hereditaments are hereby vested and established in the said corporation and their successors for ever, according to the original use and intent for which such devises, gifts and grants were respectively made ; and the said corporation and their successors are hereby declared to be seized and possessed of such estate and estates therein as in and by the respective grants, bargains, sales, enfeoffments, releases, devises and other conveyances thereof is or are declared limited and expressed ; also, that the said corporation and their successors, at all times hereafter, shall be capable and able to purchase, have, receive, take, hold and enjoy in fee simple, or of lesser estate or estates, any lands, tenements, rents, an- nuities, franchises and other hereditaments, by the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or devise, of any person or persons, bodies politic and corporate, capable and able to make the same. And further, that the said minis- ters and elders, under the corporate name aforesaid, and their successors, may take and receive any sum or sums of money and any portion of goods and chattels that have been given to the said ministers and elders, or that hereafter shall be given, sold, leased or bequeathed to the said corporation by any person or persons, bodies politic or corpo- rate, tliat is able or capable to make a gift, sale, bequest or other disposal of the same; such money, goods or chattels to be laid out and disposed of for the use and benefit of the aforesaid corporation, agreeably to the intention of the donors, and according to tiie objects, articles and conditions of this Act. Skc. 2. And be it further enacted by the authority aforesaid, That no misnomer of the said corporation and their successors shall defeat or annul any gift, grant, devise or bequest to or from the said corporation, provided the intent of the party or parties .shall suflieiently appear upon the face of the gift, will, grant or other writing whereby any estate or interest was intended to pass to or from the said corporation. Sec. 3. And be it further enacted by the authority aforesaid, That the said corpora- tion and their successors shall have full power and authority to make, have and use one common seal, with such devise and inscription as they shall think fit and proper, and the same to break, alter and renew at their pleasure. Sec. 4. And be it further enacted by the authority aforesaid. That the said corpora- tion and their successors, by the name, style and title aforesaid, shall be able and ca- pable in law to sue and be sued, plead and be impleaded, in any court, or before any judge or justice, in all and all manner of suits, complaints, pleas, matters and demands, of whatsoever nature, kind and form they may be, and all and every matter and thing to do in as full and effectual a manner as any other person, bodies politic or corporate, within this Commonwealth, may or can do. 334 FORM OF GOVERNMENT. Sec. 5. And be it further enacted by the authority aforesaid, That the ?aid corpora- tion and their successors shall be and hereby are authorized and empowered to make, ordain and establish by-laws and ordinances, and do everytiiing incident and needful for the support and due government of the said corporation, and managing the funds and revenues thereof; Provided, the said by-laws be not repugnant to tlie constitution and laws of the United States, to the constitution and laws of this Commonwealth, or to this Act. Sec. 6. And be it further enacted by the authority aforesaid. That the said corpora- tion shall not at any time consist of more than eighteen persons, whereof the said Gen- eral Assembly may at their discretion, as often as they shall hold their sessions in the State of Pennsylvania, change one-third in such manner as to the said General As- sembly shall seem proper. And the corporation aforesaid shall have power and au- thority to manage and dispose of all moneys, goods, chattels, lands, tenements and hereditaments, and other estate whatsoever, committed to their care and trust by the said General Assembly ; but in cases where special instructions for tlie management and disposal thereof shall be given by the said General Assembly in writing, under the hand of their clerk, it shall be the duty of the said corporation to act according to such instructions ; Provided, the said instructions shall not be repugnant to the con- stitution and laws of the United States, or to the constitution and laws of this Com- monwealth, or to the provisions and restrictions in this Act contained. Sec. 7. And be it further enacted by the authority aforesaid. That six members of this corporation, whereof the president, or, in his absence, the vice-president, to be one, shall be a sufficient number to transact the business thereof, and to make by-laws, rules and regulations; Provided, that previous to any meeting of the Board or corpo- ration for such purposes not appointed by adjournment, ten days' notice shall be pre- viously given thereof in at least one of the newspapers printed in the city of Phila- delphia. And the said corporation shall and may, as often as they shall see propei", and according to the rules by them to be prescribed, choose out of their number a president and vice-president, and shall have authority to appoint a treasurer and such other officers and servants as shall by them, the said corporation, be deemed neces- sary ; to which officers the said corporation may assign such a compensation for their services, and such duties to be performed by them, to continue in office for such time, and to be succeeded by others in such way and manner, as the said corporation shall direct. Sec. 8. And be it further enacted by the authority aforesaid, That all questions be- fore the said corporation shall be decided by a plurality of votes, whereof each mem- ber present shall have one, except the president, or vice-president when acting as president, who shall have only the casting voice and vote in case of an inequality in the votes of the other members. Sec. 9. And be it further enacted by the authority aforesaid, That tlie said corpora- tion shall keep regular and fair entries of their proceedings and a just account of their receipts and disbursements in a book or books to be provided for that purpose, and their treasurer shall once in a year exhibit to the General Assembly of the Presbyte- rian Church in the United States of America an exact state of the accounts of the corporation. Sec. 10. And be it further enacted by the authority aforesaid. That the said corpo- ration may take, receive, purchase, possess and enjoy messuages, houses, latids, tene- ments, rents, annuities and other hereditaments, real and personal estate of any amount not exceeding ten thousand dollars a year value, but the said limitations not to be considered as including the annual collections and voluntary contributions made in the churches under the care of the said General Assembly. CADWALADER EVANS, JR., Speaker of the House of Representatives. ROBERT HARE, Si)eaker of the Senate. Approved March 28, 1799. THOMAS iMIFFLIN, Governor of the Commonwealth of Pennsylvania. —1799, pp. 173-175. b. The Charter Accejyted. The Committee appointed by the General Assembly of the Presbyterian Church to endeavor to obtain from the Legislature of the State of Penn- sylvania an act of incorporation authorizing certain trustees to hold the prop- erty of the Assembly, etc., report that on application to the Legislature they obtained the act of incorporation for which they were directed to apply, a OF THE GENEEAL ASSEMBLY. 335 copy of which accompanies this report, corresponding exactly with the draught which was hist year submitted to the Assembly, excepting only the sum which the trustees are authorized to hold is somewhat smaller than was inserted in that draught. The above report, and act of incorporation accompanying it, were read and approved. — 1799, p. 173. c. Mode of Electing the Trustees. Resolved, That it is expedient to adopt and recommend the following system : 1. That when this subject is called up annually a vote shall first be taken whether for the current year the Assembly will or will not make any election of members in the Board of Trustees. 2. If an election be determined on, the day on which it shall take place shall be specified, and shall not be within less than two days of the time at which such election shall be decided on. 3. When the day of election arrives, the Assembly shall ascertain what vacancies in the number of the eighteen trustees incorporated have taken place, by death or otherwise, and shall first proceed to choose other mem- bers in their places. When this is accomplished, they shall proceed to the trial wliether they will elect any, and if any, how many of the third of the number of the trustees which by law they are permitted to change, in the following manner, viz. : The list of the trustees shall be taken, and a vote be had for a person to fill the place of him who is first on the list. In voting for a person to fill said place, the vote may be given either for the person who has before filled it or for any other person. If the majority of votes shall be given for the person who has before filled it, he shall con- tinue in office. If the majority of votes shall be given for another person, this person is a trustee duly chosen in place of the former. In the same form the Assembly shall proceed with the list till they have either changed one-third of the trustees (always including in the third those who have been elected by the sitting Assembly to supply the places become vacant by death or otherwise), or by going through the list shall determine that no further alteration shall be made. — 1801, p. 217. d. Rules for Intercourse between the Trustees and the Assembly. The Committee appointed to meet a Committee of the Board of Trus- tees of the Assembly to digest and prepare a regular and stated mode of intercourse between the Assembly and the trustees made a report, which was read and approved, as follows, viz. : That the management and disposal of all moneys, goods, chattels, lands, tenements, hereditaments, and all other estate whatever, committed to their care and trust by tiie General Assembly, is invested in the said trustees, unles.-^ where special instructions for the management and disposal thereof shall be given by the General Assembly in writing, under the hand of its clerk, in which case the corporation is to act accoi'ding to said instructions. That an exact state of the accounts of the trustees is to be exhibited by their treasurer to the General Assembly once in every year ; whereupon it is recommended, 1. That this state of the accounts be laid before the General Assembly as early in their session as possible, in order that the General Assembly may know what appropriations it may be in their power to make, or what instructions to give to their trustees respecting the moneys in hand. 2. That when any appropriations are made by the General Assembly a 336 , FOPvM OF GOVERNMENT. copy of their minute for that purpose, signed by the clerk, shall be trans- mitted to the trustees, and shall be their warrant for the payment of all moneys thus appropriated. 3. That when any measures are taken or any resolutions adopted by the General Assembly, or the Board of Trustees, which it concerns the other to be acquainted with, due information of the same shall be given as soon as possible to the other. — 1801, p. 232. See also Baird's Collection, Rev. Ed., pp. 484-502. e. Adjustment on the Reunion. A Committee, consisting of Rev. C. C. Beatty, D. D., V. D. Reed, D. D., Hon. Wm. Strong, and Messrs. H. N. McAllister and George Junkin, were appointed to consider and report what changes, if any, are necessary to be made in the Board of Trustees of the General Assembly of the Presbyte- rian Church in the United States of America, in order that there may be an equitable distribution of said trustees in accordance with the present state of the reunited Church, and to report to this Assembly. — 1870, p. 53. The Committee appointed to consider and report on the changes in the Board of Trustees of the Gc^neral Assembly presented the following report, which was adopted : Of the eighteen members of the Board of Trustees, one was appointed before 1837, and all the others since that time by the " Old School" Assemblies at different periods. It seemed to the Commit- tee eminently proper that at this Assembly a change should be made so that what was formerly known as the " New School " branch of the Church should be represented in the Board. Hereafter no such distinctions need be made. Under the charter the Assembly has the power at its discretion, as often as it shall hold its sessions in the State of Pennsylvania, to change one- third of the trustees, in such manner as it shall seem proper. In the exer- cise of this discretion it is a difficult task for the Committee to recommend action in the premises. In view, moreover, of all the circumstances, it seemed best to suggest the removal of six of the trustees who were only elected at the meeting of the Assembly at Pittsburg in November last. The regret of the Committee is that thereby we lose the services of six gentlemen of the highest character. But this course appeared least open to objection. Your Committee, therefore, recommend the adoption of the following resolution : Resolved, That from and after this date Rev. David A. Cunningham, Hon. John K. Findlay, Archibald Mclntyre, James T. Young, Robert Cornelius and H. Lenox Hodge, M. D., cease to be trustees, and in their place Hon-. William Strong, Hon. Joseph Allison, Alexander Whildin, Rev. Herriek Jolinson, H. 1)., William G. Crowell and John C. Farr are appointed trustees of the corjooration, entitled " The Trustees of the Gene- ral Assembly of the Presbyterian Church in the United States of Amer- ica."—1870, p. 98. OF ELECTING AND ORDAINING ELDERS AND DEACONS. 337 CHAPTER XIII. OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. I. Having defined the officers of the church, and the judicatories by which it shall be governed, it is proper here to prescribe the mode in which ecclesiastical rulers should be ordained to their respective offices, as well as some of the principles by which they shall be regu- lated in discharging their several duties. II. Every congregation shall elect persons to the office of ruling elder, and to the office of deacon, or either of them, in the mode most approved and in use in that congregation. But in all cases the per- sons elected must be male members in full communion in the church in which they are to exercise their office. [See Form of Government, chap, v., 1.] 1. Elders must be diily Elected and set Apart. The following inquiry was referred to the decision of the Assembly by the Synod of the Carolinas, viz. : In what point of light are the elders nominated and ordained by Mr. Balch to be viewed hereafter in Mount Bethel Congregation ? It was determined by the Assembly that the "elders" mentioned in the, inquiry are to be henceforth viewed as private church members only, un- less they be duly elected and set apart as church officers hereafter. — 1798, p. 158. 2. The Session may Propose Names to the Congregation. The reports on the records of the Synod of Pittsburg were taken up and read. The majority report is as follows, viz. : " The Committee to whom the records of the Synod of Pittsburg were committed would re- port that they have examined the same and find them regularly and neatly kept, and would recommend their approval." The report of the minority is as follows, viz. : "The minority of the Com- mittee on the Records of the Synod of Pittsburg recommend that they be approved, with the exception of the censure passed on the Presbytery of Redstone, p. 284, for their disapproval of the action of the session of Mor- gantown in nominating two persons to the office of ruling elder in that congregation, and recommend that the judgment of the Synod be re- versed, and that the following resolution be adopted, to wit ; Resolved, That in the judgment of the Assembly the nomination b}' the session of persons to the office of ruling elder or deacon is contrary to Form of Government, chap, xiii., sec. ii., which says, " Every congregation shall elect persons to the office of ruling elder or deacon in the mode most approved and in use in that congregation," and is inconsistent with the freedom of elections. On motion, the report of the majority was adopted as the sense of the Assembly, and the whole ordered to be entered on the minutes. — 1847, p. 381, O. S. 43 -iSS FORM OF GOVERNMENT. 3. A Meeting for the Election of Elders can be called Regularly only by the Session or by some higher Court. The Committee on Bills and Overtures reported — Overture No. 1, being an overture from two ruling elders of the Bra- zeau church, Presbytery of Potosi, Synod of Missouri, as follows: " Is it regular for a congregation, where there is no .pastor, and a session of two ruling elders, to call a meeting of the congregation and elect a new session without consulting the session of the church where said election was made by a small minority of the church ?" The Committee recommend the following answer : " The session of a church should always be consulted with reference to calling a meeting for the election of additional ruling elders ; and it is irregular to call a meet- ing for such a purpose, and proceed to an election, unless the meeting is called through and by authority of the session or some higher court." The report and recommendation were adopted. — 1867, p. 320, O. S. [See 6, a, beloiv.l 4. The Remedy in Case the Session Refuse to Convene the Con- gregation is to Complain to Presbytery. The session of a church has the authority to convene the congregation for all such purposes; but should the sessicm neglect or refuse to convene the congregation, the party feeling aggrieved has its remedy by aj)plica- tion to Presbytery in the form of a complaint. — 1822, p. 49. [See 10, below, 1840, p. 305, 0. S. Also Discii)line, chap, vii., sec. iii., sub sec. iv., ii., 2, c/.] 5. A Superior Judicatixre may Authorize the Meeting. • That the entire Church take immediate measures to elect a new bench of elders, with a view to promote the peace of the church, and to secure the permanent settlement of the gospel ministry among them, [See under vii., below.] — 1834, p. 453. 6. Irregularity in the Call does not Necessarily Invalidate the Election. a. G. B. Smith and J. T. Clark were elected elders of the church of Madison, Wisconsin, at a meeting held on Sunday, 26th August, 1855. David Dennon and H. J. Davidson were elected deacons. Notice of the meeting had been given on the previous Sabbath from the pulpit, and also on the day of meeting. Messrs. G. B. Smith and J. T. Clark were or- dained as elders on the evening of that day. David Dennon was at the same time ordained as deacon. At the next meeting of Presbytery, called pro re nata, at the request of the party opposed to the present complain- ants, J. T. Clark and J. Y, Smith both claimed seats as the representatives of the Madison church. Mr. Clark had been appointed by the session, the vote being a tie, and the casting vote being given for him by the mod- erator. The two former ciders of the church, one of whom was an or- dained minister and a member of the Presbytery of Dane, withdrew, alleging that they disputed the fact that the other two were elders. At the Presbytery, j' Y. Smith contested the right of Clark to a seat in that body, on the ground that the meeting to elect elders had not been called by order of the existing session. The existing or former session and their party had due notice of the meeting, and were present at its commence- OF ELECTING AND ORDAINING ELDERS AND DEACONS. 339 ment. They attempted to postpone the election, and withdrew after the majority had voted to proceed with the election. The Presbytery of Dane admitted Mr. Clark to his seat, thus recog- nizing the validity of his election and ordination. Against this action of the Presbytery, J. Y. Smith and his party complained to the Synod of Wisconsin. The Synod sustained the complaint, thus pronouncing the election and the ordination of the new elders invalid. Against this de- cision of the Synod, Mr. Gardiner and Mr. J. T. Clark complain. The above is the statement of the case as agreed upon by tlie parties. It is submitted with a view of saving the time of the Assembly. The Judicial Committee recommend to the Assembly the adoption of the following minute, as a final settlement of the case, agreed on by l)oth parties : 1. That the complaint be sustained pro forma, and the decision of the Synod be reversed, so far as it pronounces the election and ordination of the elders and deacons invalid, the Assembly being of opinion that the informality in the call of the congregational meeting was not so serious as to vitiate the election and ordination. 2. That the Synod was right in pronouncing the call of the congrega- tional meeting irregular. 3. That although the Assembly thus recognize the validity of the elec- tion and ordination of the said elders and deacons, they yei recommend, the said elders having assented thereto by their representatives, that in view of past and existing difhculties the said elders and deacons cease to act, according to our Form of Government, until such time as in the esti- mation (jf the Presbytery of Dane the church can be reasonably harmo- nious in receiving them in their official capacity. — 1856, p. 517, 0. S. h. Nor does Irregularity in the Mode of Election Invalidate the Ordination. [See below, 12, 1835, p. 471.] 7. Must be Members in Full Ooraraunion, Ministers not Eligible. a. Overture No. 10, from sundry members of the Assembly, inquiring whether an ordained minister may accept and exercise the office of ruling elder in a church belonging to the same Presbytery of which he is a member. At the recommendation of the Committee this was answered in the negative. — 1856, p. 522, O. S. b. The Special Committee, appointed by the last Assembly on the re- lation of unemployed ministers to the churches among whom they reside, presented their report, which was adopted, and is as follows : By the last General Assembly, which met at Dayton, Ohio, the under- signed were appointed a Committee to consider and x*eport upon the fol- lowing resolution (see Minutes, 1864, p. 462): Remlved, That the subject of the relation of unemployed ministers to the churches among whom they reside, and whom they may be desired and are disposed to serve as ruling elders, be referred to a Committee to consider and recommend what action can and ought to be taken by the Assembly for removing the constitutional restriction which prevents the employment of such ministers in the service of the church as ruling eld- ers, and report to the next Assembly. The "'constitutional restriction" referred to is found in the Form of Government, chap, xiii., ii., where it is said that persons elected to the offices of ruling elder and of deacon must "in all cases" be male mem- bers in full communion in the church in which they are to exercise their 340 FORM OF GOVERNMENT. office. By the practice of our Church, ministers are not members of any particular church, and therefore cannot be eligible to the above offices. The case might be reached constitutionally in one of two ways. The first would be an alteration of the above rule, making an express excep- tion in respect to "unemployed ministers;" but this would involve the infelicity and inconvenience of holding two offices, and would require ad- justments of other parts of the Constitution. The other mode would be the adoption of a constitutional provision, allowing, in certain well-defined cases, the demitting of the ministerial office. While some of your Committee are inclined to this course, yet they do not think it expedient to recommend it for adoption without fur- ther discussion and more specific instructions from the Assembly. At the same time, your Committee are unanimously of the opinion that auy church has a right to avail itself of the experience and wisdom of such unemployed ministers. While it cannot directly invest such minis- ters with the office of ruling elder, yet it may, by a formal vote, request them to take part in all the deliberations of the session.* What is desir- able in the case may thus be gained without any violation of constitutional provision. — 1865, pp. 13, 14, N. S. c. A minister belonging to the Presbytery of Grand River Valley, now editing a paper and not preaching on account of throat difficulty, was so- licited to accept the office of elder by the First Presbyterian Church of Grand Haven, Michigan, was elected unanimously, accepted the office and entered on his duties. The Presbytery in reviewing the records declared it was irregular, and did nothing more. The pastor of said church brought the matter before the session ; and after considering the case, the session did nothing. This brother, not being able to preach and over sixty years of age, accepted the office of ruling elder because he was willing to work in the vineyard of the Lord in a more humble capacity, but has not resigned the ministerial office, holding still his place as a member of the Presbytery of Grand River Valley. The Committee recommended for answer a reference to the report of the Special Committee on this subject, made to the Assembly of 1865, and found in the minutes for that vear, pp. 13, 14. The report was adopted.— 1869, p. 282, N. S. (/. An Exception Allowed in the Case of Foreign Missionaries. From the Synod of Wisconsin and Presbytery of Corisco, asking whether a minister who has been compelled in the providence of God to lay aside active ministerial duties is eligible to the eldership. The Committee recommend that the Synod and Presbytery be referred to the action of the General Assembly (O. S.) of 1856 (see a, above), and that that action be now reaffirmed by this Assembly — That an ordained minister cannot be also a ruling elder in a congregation. And that the Presbytery of Corisco be also informed that in exceptional cases, on foreign missionary ground, it may be expedient for a minister to perform temporarily the limctions of a ruling elder without having been specially set apart to the office. — 1871, p. 546. * But see chap, ix., sees, i., iii., wliere it is affirmed that a session may not invite a minister of the gospel to sit as a corresponding member. A minister cannot act as a ruling elder, since he is not a "representative of the people" nor elected by the Church for that service. OF ELECTING AND OEDAINING ELDERS AND DEACONS. 341 8. Uniformity in the Mode of Election deemed Impracticable. The Committee on Overture No. 9, relating to au amendment in the Form of Government, chap, xiii., see. ii., reported, and their report was adopted, and is as follows, viz. : The Committee to whom was referred the consideration of the Overture No. 9, relating to an alteration of that part of the Constitution of our Church which gives the right of choosing ruling elders and deacons to the congregation, in the way most approved and in use in the congregation, reported, that after deliberating on the subject they find themselves unable to devise any method by which a uniformity of practice can be established in this interesting concern throughout the different sections of our Church, and believe that any alteration effected in the Constitution, with a view to relieve the difficulties in one section, would produce difficulties in another section of the Church. The Committee therefore judge it inexpedient to propose any alteration, and recommend that the Assembly dismiss this subject from any further consideration. [See 10, below.]— 1826, p. 187. 9. The Mode most Approved and in Use may be Changed by the Congregation. And while the Assembly would recognize the undoubted right of each congregation to elect their elders in the mode most approved and in use among them, they would recommend that in all cases where any dissatis- faction appears to exist, the congregation be promptly convened to decide on their future mode of election. And they are inclined to believe that the spirit of our Constitution would be most fully sustained by having iu all cases a direct vote of the congi-egation in the appointment of elders. — 1827, p. 215. 10. The Right of the Superior Judicatory to Interfere -with the Mode in Use Disavo'wed. The Assembly deem it proper, in sustaining the complaint of the Pres- bytery of Blairsville, to declare that they do it on the ground that the de- cision of the Synod of Pittsburg, disapproving of the act of the Presbytery, if carried into effect, would render it necessary for the churches in that Presbytery, and any other within the bounds of that Synod whose practice may be the same, to change their usage as to the manner of electing ruling elders, which by the Constitution is left to be regulated by " the mode most approved and in use in each church." At the same time, tlie Assembly, in coming to this result, have no design to establish a uniform mode of electing elders throughout the Church, which is designedly left by the Constitution to be regulated by the usage of each particular church. And it may be added that in those churches in which the usage has prevailed for the existing eldership to determine when and how large an addition shall be made to the session, the Church has an effectual security against the abuse of that power, in the right of appeal or complaint secured by the Constitution.— 1840, p. 305, O. S. 11. Who are the Electors of Ruling Elders and Deacons? a. Members not Communicants, where such is the Usacje. The General Assembly, having gone fully into the consideration of the appeal from the decision of the Synod of Ohio, by Messrs. Lowerie and Kelso, and hiving seen witii deep regret the appearance of much disorder 342 FORM OF GOVERNMENT. in the 'R-hoIe business, -which they disapprove, believing, as the Assembly do, that the election of elders should be conducted with all due delibera- tion, according to the letter of the Constitution of the Presbyterian Church, and in the spirit and temper of the gospel, and although the Assembly are of the opinion that it would be most desirable to have the communicants only as the electors of ruling elders, yet, as it appears to be the custom in some of the churches in the Presbyterian connection, to allow this privilege to others, they see no reason why the election be con- sidered void, nor any reason why the decision of the Synod of Ohio should not be affirmed. Therefore, Resolved, That the sentence of the Synod of Ohio be and it is hereby affirmed.— 1822, p. 49. h. Only baptized Persons alloived to Vote. Ought an uubaptized person, Avho yet pays his proportion for the sup- port of a congregation, to be permitted to vote for ruling elders ? The office of ruling elder is an office in the Church of Christ ; that ruling elders as such, according to the Confession of Faith, Book I., on Government, chap, v., are " the representatives of those by whom they are chosen, for the purpose of exercising government and discipline," in the kingdom of our Lord Jesus Christ ; that the discipline lawfully exercised by them is the discipline exercised through them by their constituents, in whose name and by whose authority they act in all that they do. To sup- pose, therefoi'e, that an unbaptized person, not belonging to the visible kingdom of the Redeemer, might vote at the election of ruling elders, would be to establish the principle that the children of this world might through their representatives exercise discipline in the Church of God, which is manifestly unscriptural and contrary to the standards of our Church ; and your Committee would therefore recommend that the ques- tion in the said overture be answered in the negative. — 1830, p. 284. e. Most consonant to our form of Government thai Communicants only be the Electors. Are others than communicants entitled to vote for ruling elders? The Assembly, in accordance w'ith the decision of former Assemblies, judges it most consonant to our Form of Government that communicants only should vote in the election of ruling elders. — 1855, p. 299, O. S. d. No Distinction to be made as to the Age of Electors. As to the right of minors to vote in the election of elder and deacon. That it is not in accordance with the principles and usages of the Pres- byterian Church to distinguish between members of the Church as to their ages, in voting for officers of the Church. — 1859, p. 18, N. S. 12. Mode of Electing for a Term of Years supposed to be Irregular. a. Your Committee are of opinion that the mode of electing elders in the congregation of Wheatland for a term of years was irn'gular, and ought in future to be abandoned, but cannot invalidate the ordination of persons thus elected and ordained to the office of ruling elder. — 1835, p. 471. [See 1867, p. 320, O. S.] b. Overture to limit the Term of Service declined. The overture on limiting the term of service of ruling elders was, on motion, taken up for consideration. The report of the Committee was OF ELECTING AXD ORDAINING ELDERS AND DEACONS. ^43 adopted, and is as follows : Whereas, sundry memorials have been pre- sented to the Assembly, asking for a change of the Constitution respect- ing the term of service in the office of ruling elder : Besolved, That while the Assembly sympathize with those churches, which are more especially tried by the present rule, yet believing that the evils of a change would far outweigh those of the present system, they are not prepai'ed to recommend any overture ou the subject. — 1849, p. 182, K S. c. An overture from the Presbytery of Pennsylvania, asking " whether the Constitution of our Church shall be so altered as to make the term of office of ruling elder temporary in such churches as prefer it," was taken up and answered as follows : The Assembly do not deem it expedient, or for the edification of the Church, to send down to the Presbyteries such an overture ; the most ob- vious and natural construction of our Form of Government does not con- template a rotary eldership ; and while such an organization of a session is not Anti-presbyterial, yet the Assembly would discourage the adoption of the principle in our Church, from respect to the plain meaning of our rule ; but nothing in this resolution is intended to disturb the relation of those churches which have adopted the principle of a limited period in the services of elders. — 1852, p. 177, N. S. d. Is it contrary to the Constitution of the Presbyterian Church to elect elders for a definite period ? Answered in the words above, "the most obvious," etc. — 1862, p. 34, N. S. e. Overture, asking the Assembly to take the proper measures for hav- ing the Constitution changed in regard to ruling elders, so as to make the office temporary. Besolved, that it is inexpedient to send down to the Presbyteries the proposed alterations. — 1857, p. 45, O. S. /. Judicial case. The vote was taken, and the complaint was not sus- tained. This vote condemned the following plan adopted by the church of Greenville Presbytery of Kaskaskia : Art. 1. The members of this church will meet on the day of , A. D. , and at said meeting the following question shall be submitted for their vote and decision : " Is it your pleasure that any change or increase of number shall be made in the acting eldership of this Church?" 2. If the vote on the above question shall be in the negative, the matter shall there end. 3. If the vote on the aforesaid question shall be in the affirmative, then the church shall proceed to cast their ballots for ruling elders to represent them in the session of the church. 4. If any of the members of the existing session shall receive a major- ity of the votes thus cast, they shall continue to be and act as ruling elders in that congregation. 5. If any of the acting elders of the church shall not receive a major- ity of the votes thus cast, then they shall, upon their consent, and the required record to made by the session (Form of Government, chap, xiii., sec. vii. ), cease to be acting elders. 6. If any acting elder shall fail to receive a majority of the votes cast at said election, and shall not concur in the will of the church thus ex- pressed, then the matter shall be referred to the Presbytery for its advice in the premises. 7. If any person or persons, not pre\'iously acting as ruling elders, shall receive a majority of votes cast at said election, then such per 344 FORM OF GOVERNMENT. son or persons shall be installed, or ordained and installed, as the case may be. 8. Triennially, after the meeting above provided for, or as nearly trien- nially as the session shall judge to be suitable to the convenience and wishes of the congregation, there shall be a similar meeting of the church, to be called by order of the session, after jiublic notice from the pulpit, at which the same question shall be proposed and voted upon by the church, and the same proceedings had as are provided for in the foregoing arti- cles.—1869, p. 911, 912, O. S. g. Overture from the Presbytery of jNIuncie, asking the Assembly to jirovide for such an amendment of the Constitution as that any church may elect both deacons and ruling elders for a limited term of years. The Committee recommend that it is inexpedient at this time to take any action on the subject. Adopted. — 1871, p. 592. 13. The Right of a Congregation to Elect Elders to Serve for a Term of Years Affirmed. — A Judicial Case. The Judicial Committee reported Case No. 1, being a complaint of Rev. Alfred Nevin, D. D., and others against a decision of the Synod of Phila- delphia relative to the term of the eldership ; the report was received and placed on the docket. — 1872, p. 15. a. The history of the "Ca.«e No. 1" is as follows: The church of Great Yallev, in the Presbytery of Chester, had elected two elders to serve for a term of three years each, their usage heretofore having been to fix no limit. On review of their records, the Committee reported a censure and affirmed tiie action of the church to be uncon- stitutional. The Presbytery refused to sustain the censure, and approved the records. Against this action of tlie Presbytery a complaint was made to the Synod of Phila- delphia. In the Synod, Oct. 20, 1871, the proceedings were as follows: Judicial Case No. 1 was tlien taken up, being a complaint of certain ministers and elders of the Presbytery of Chester of the action of said Presbytery in approving the minutes of the session of the Great Valley church, that churcli having elected ruling elders for a term of years, which the complainants believed to be unconstitutional. The papers were read — -viz., the complaint, and the record of the Presbytery of Chester in the case. The original i)arties were heard — viz., the complainants, and the Rev. W. E. Moore and the Rev. Orr Lawson — on beiialf of tiie Presb\'tery of Chester. The roll was then called, and opportunity given for every member to express his opinion on the case. The final vote was as follows : To sustain ........... 2G Not to sustain 40 The complaint, therefore, was not sustained. Mr. .John F. Templeton gave notice for himself and others of iiis intention to com- plain of this decision of the Synod to the next General Assembly. The Rev. Wm. E. Moore and the Rev. B. L. Agnew were appointed a Committee to defend the action of the Synod before the Assembiv. — Minnies Synod of Philadel- pkia, 1871, p. 28. b. In the Assembly of 1872. Judicial Case No. 1 was taken up. The moderator called upon the Assembly to remeniber and regard their solemn duty as a court of Jesus Christ. The case was conducted according to the Book of Discipline, chap, vii., sec. iii. (The case was continued from day to day.) The unfinished business was resumed. The parties having been hoard, and the members of the Assemhly having had an opportunity to express their views, the final vote was taken, 145 to 173, so the complaint was not sustained. — 1872, pp. 51, 68. The following Committee was appointed to bring in a minute with ref- erence to the case just decided: Rev. Charles S. Robinson, D. D., Rev. OF ELECTING AND ORDAIXING ELDERS AND DEACONS. 345 Iryon Edwards, D. D., Rev. Elliott H. Payson, Hon, James E. Brown and Hon. Lawsou A. Parks. — 1872, p. 69. c. The Committee to report a minute on Judicial Case No. 1 presented the following report, w^hich was adopted : The case seemed to present in a judicial form the question of the inter- pretation of our Constitution concerning the election of elders and dea- cons, and yet many of the Assembly do not regard it as really involving that question. Hence, in defining its own action the Assembly is not to be understood as deciding that in any case the actual service of the elder- ship should be either permanent or limited ; but while the office is perpet- ual, the time of its exercise in each individual congregation may be left to the decision of the church itself, according to the mode approved and in use in such church. — p. 75. d. Dissent. [Against the foregoing action a dissent was offered by Eev. Messrs. Joseph T. Smith, J. S. Grimes, Geo. S. Bishop and Geo. H. King, and ordered to be entered on the minutes, viz. :] 1. Because the decision of the Assembly was in contravention of the standards of the Church as uniformly intrepreted by this court. 2. Because many members of the Assembly sat as judges and voted in the case who confessed themselves guilty of the offence charged. — p. 80. e. Answer: Limitations of Term of Service Constitutional. [The Committee appointed to answer this dissent, Rev. Tryon Ed- wards, D. D., Rev. T. Ralston Smith, D. D., Rev. Edward D. Morris, D.D., Hon. David B. Greene and Hon. Royal E. Barber, reported the follow'- ing, which w'as adopted :] Had the dissent been offered without reason and simply as a record of the vote of the dissenters, it would have been entirely proper to enter it on the minutes of the Assembly without reply. It would then have been in the nature only of a record in part of ayes and nays. But as it is accompanied with reasons, it is virtually a protest, and it is proper in reply to say : 1. That the Assembly by its minute adopted in the case expressly declares that it does not regard its decision as contrary to, but in accord- ance with, the standards of the Church, and that in the very language of the standards themselves. 2. That it does not appear that any one sat as a judge or voted in the case ■who had confessed himself guilty of the supposed offence, or of any offence against our standards. It is but justice to say that the majority claim and believe their vote to be in accordance with our standards, nor does it appear that any of them has ever voted for a limit to the office of the eldership, or otherwise than in full accordance with our standards liberally and historically inter- preted.—1872, p. 85. 14. An Overture Proposing a Change in the Forra of Government. Resolved, That all overtures and papers concerning the office of ruling elder be referred to a Committee of seven, viz. : Rev. A. T. McGill, D. D., William E. Moore, D. D., S. J. Niccolls, D.D., William Isl. Paxton, D. D. Hon. William Strong, LL.D., Hon. William E. Dodge and Lewis Cha- pin, who shall report to the next General Assembly an overture to the Presbytei'ies proposing a change in the Form of Government. — 1873, p. 547. 44 346 FORM OF GOVEENMEXT. III. When any person shall have been elected to either of these offices, and shall have declared his willingness to accept thereof, he shall be set apart in the following manner: IV. After sermon the minister shall state, in a concise manner, the warrant and nature of the office of ruling elder or deacon, to- gether M'ith the character proper to be sustained and the duties to be fulfilled by the officer elect ; having done this he shall propose to the candidate, in the presence of the congregation, the following questions, viz. : 1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, the only infallible rule of faith and practice? 2. Do you sincerely receive and adopt the Confession of Faith of this Church as containing the system of doctrine taught in the Holy Scriptures ? 3. Do you approve of the government and discipline of the Pres- byterian Church in these United States? 4. Do you accept the office of ruling elder (or deacon, as the case may be), in this congregation, and promise faithfully to perform all the duties thereof? 5. Do you i^romise to study the peace, unity and purity of the church ? The elder or deacon elect having answered these questions in the affirmative, the minister shall address to the members of the church the following question, viz. : " Do you, the members of this church, acknowdedge and receive this brother as a ruling elder (or deacon), and do you promise to yield him all that honor, encouragement and obedience in the Lord to which his office, according to the word of God and the Constitution of this Church, entitles him ?" The members of the church having answered this question in the affirmative, by holding up their right hands, the minister shall pro- ceed to set apart the candidate, by prayer, to the office of ruling elder (or deacon, as the case may be), and shall give to him and to the con- gregation an exhortation suited to the occasion. V. Where there is an existing session it is proper that the mem- bers of that body, at the close of the service, and in the face of the congregation, take the newly-ordained elder by the hand, saying in words to this purpose : " We give you the right hand of fellowship to take part of this office w-ith us." 1. Mode of Ordination.— Laying on of Hands Approved. a. Our Form of Government, chap, xiii., sec. iv., declares that such, whether elder or deacon, shall be set apart to their respective offices by OF ELECTING AND ORDAINING ELDEE3 AND DEACONS. 347 prayer. The imposition of luiiids, however, we are aware, in many of our cliurches is practiced; and as it is plainly in accordance with apostolic ex- ample, it is the opinion of the Assembly that it is proper and lawful. We conceive that every church in this respect may with propriety be left to adopt either of these two modes as they think suitable and best. — 1833, p. 405. b. An overture from the Presbytery of South Alabama on the subject of ordaining elders and deacons by the imposition of hands. The Com- mittee recommended that it be left to the discretion of each church ses- sion to determine the mode of ordination in this respect, which was adopted. —1842, p. 16, O. S. c. [The session of the Mount Bethany church, having been censured by the Presbytery of Memphis for ordaining deacons with the laying on of hands, memorialized the Assembly " to determine whether in the ordina- tion of elders and deacons it is unconstitutional or otherwise improper to use the right of laying on of hands by the existing eldership."] Resolved, That the session of Mount Bethany church be referred to the minutes of the Assembly of 1842 for an answer to said overture. — 1851, pp. 12, 35, 172, and 1852, p. 227, O. S. 2. Ordination Essential to the Validity of the Judicial Acts of an Elder. The Committee on Church Polity reported two questions, with the recom- mendation that they be answered in the negative : 1st. Is an elder elect a member of the session, and competent to sit in a judicial case before he has been ordained according to the Form of Gov- ernment ? 2d. Would a decision in a case of discipline, made by a session whose members have never been ordained according to the Form of Government, chap, xiii., be a valid and lawful decision and binding upon the accused? The report was adopted. — 1868, p. 58, N. S. 3. Installation Required on Resuming' the OflB.ce. When a ruling elder in the Presbyterian Church, by removal or other- wise, terminates his connection with the session by whom he was ordained, does he require installation before he can regularly exercise again the office in the same church or in any other one ? [Answered in the affirmative.] — 1849, p. 265, O. S. [An overture from the Presbytery of Erie, asking whether the answer of the General Assembly of 1849 in relation to the installation of ruling elders who have removed from one church to another has a retrospective or only a prospective bearing.] The Committee recommended the following answer to the question ; That it has a prospective bearing. The recommendation was adopted. — 1850, p. 454, O. S. 4. Mode of Installation of an Elder already Ordained. 1. Resolved, That any elder regularly ordained and installed in one church and subsequently elected to the same office in another church, and who has heretofore, pursuant to such election, served as an elder in such church without objection, shall be presumed to have been duly installed therein, and his right to act shall not now be questioned. 2. Resolved, That when an elder shall hereafter be elected to the same office in a church other than that in which he has been ordained and in« 348 FORM OF GOVERNMENT. stalled, the minister and session are hereby enjoined formally to install him. 3. Resolved, That this Assembly hereby declare that the existing law of the Church as to the mode of such installation is as follows, viz. : After sermon the minister shall speak of the ofBce and duties of ruling elders as in case of ordinations, and shall then propose to the elder elect in the presence of the congregation the following questions : Do you sincerely re- ceive and adopt the Confession of Faith of this Church as containing the sys- tem of doctrine taught in the holy Scriptur'es f Do you accept the office of Tiding elder in this congregation, and promise faithfully to perform all the duties thereof? Do you promise to study the peace and unity and pur-ity of the Church? The elder elect having answered these questions in the af- firmative, the minister shall ask the members of the church whether they accept him, as in cases of ordination. The members of the church having answered in the afiirmative by holding up their right hands, the minister shall declare him an elder of that church, and accompany this act by ex- hortation and such other proceedings as he may deem suitable and expe- dient.—1856, p. 539, O. S. VI. The offices of ruling elder and deacon are both perpetual, and cannot be laid aside at pleasure. No person can be divested of either office but by deposition. Yet an elder or deacon may become by age or infirmity incapable of performing the duties of his office, or he may, though chargeable with neither heresy nor immorality, become unacceptable in his official character to a majority of the congregation to which he belongs. In either of these cases he may, as often hap- pens with respect to a minister, cease to be an acting elder or deacon. [See Form of Government, chap. iii. sec. ii.] 1. Perpetuity of tlie OflQce AfBrmed. a. The Committee to whom was referred Overture No. 1, a communica- tion from the session of AVheatlaud congregation in reference to the ap- pointment of Freeman Edsou as a commissioner to this Assembly, beg leave to present the following report : Agreeably to the Constitution of our Church, the office of ruling elder is perpetual (see Form of Government, chap, xiii., sec. vi.), and cannot be laid aside by the will of the individual called to that office, nor can any congregation form rules which would make it lawful for any one to lay it aside. Your Committee are of opinion that the mode of electing elders in the congregation of Wheatland for a term of years was irregular and ought in future to be abandoned, but cannot invalidate the ordination of persons thus elected and ordained to the office of ruling elder. And whereas it appears that Mr. Freeman Edson was once elected to the office of ruling elder in the church of Wheatland, and was regularly set apart to that office ; whereas, there seems to be some material diversity of views be- tween the Presbytery of Rochester and the church session to which Mr. Edson once belonged as to the manner in which, and the principle on which, he ceased to be an acting elder in the said church, into which the Assembly have no opportunity at present of regularly examining ; and whereas, the Presbytery, with a distinct knowledge, as is alleged, of all the circumstances attending this case, gave Mr. Edson a regular commis- sion as a ruling elder to this General Assembly ; therefore, OF ELECTING AND ORDAINING ELDERS AND DEACONS. 349 Resolved, That he retain his seat as a member of the Assembly. — 1835 p. 471. ^ b. But the Time of its Exercise may be left to the Decision of the Church. _ In defining its own action, the Assembly is not to be understood as de- ciding that in any case the actual service of the eldership should be either permanent or limited ; but while the office is perpetual, the time of its exercise in each individual congregation may be left to the decision of the church itself, according to the mode approved and in use in such church. — 1872, p. 75. 2. Restoration to Church Privileges does not Restore to the Eldership. When an elder has been suspended from church privileges and again restored to the privileges of the church, is he also restored to his oflfice as a ruling elder? The two things are distinct; and since an elder as well as a minister may be suspended from his office and not from the communion of the Church, so there may be reasons for continuing his suspension from his office after he is restored to the privileges of the Church. He cannot be restored to the functions of his office without a special and express act of the session for that purpose, with the acquiescence of the Church. — 1836, p. 263. 3. An Elder -without Charge can Sit in no Church Court. Resolved, That no ruling elder who has retired from the active exercise of his office in the church to which he belongs can be admitted as a mem- ber of a Presbytery, Synod or General Assembly. — 1835, p. 489. VII. Whenever a ruling elder or deacon, from either of these causes or from any other, not inferring crime, shall be incapable of serving the Church to edification, the session shall take order on the subject and state the fact, together with the reasons of it, on their records ; provided always, that nothing of this kind shall be done ■without the concurrence of the individual in question, unless by the advice of Presbytery. 1. Elders "who cannot Acquiesce in the Decisions of the Superior Courts should Resign. A petition from the members of the session of the Third Presbyterian Clmrch in this city, asking advice of this Synod with respect to the execu- tion of their office in consequence of the judgment of the Synod respecting that chui'ch. After it was duly considered, they returned the following answer, viz. : The Synod advise them to continue to act as elders, but in case they cannot, consistently with what they apprehend to be their duty, continue as such and act upon the decisions of Synod, that they may resign their office, and the congregation proceed to choose other elders who may have freedom to act according to the determinations of the Synod. — 1772, T). 435. 350 FOBM OF GOVERXMEXT. 2. Ruling Elders may Cease to Act in order to Promote the Peace of the Church. a. The Assembly earnestly recommend to the whole session, including the majority and the minor-ity, in view of the state of the Fifth Church, to take the constitutional steps and cease from acting as ruling elders iu that congregation, and that the entire Church take immediate measures to elect a new bench of elders, with a view to promote the peace of the Church and secure the permanent settlement of the gospel ministry among them. And further, that it be recommended to the persons so elected not to accept the office unless they shall obtain the suffrages of at least two-thirds of the electors participating in the election. — 1834, p. 453. 3. The Superior Court directs an Elder to Cease to Act. With the consent of parties, the complaint (of Mr. William B. Guild against the Synod of New Jersey) is sustained " pro forma," but under ex- isting circumstances in the congregation Mr. Guild shall cease to act as a ruling elder in the Third Church at Newark, N. J.— 1863, p. 35, O. S. [The complaint was that the Synod had by a Committee visited the Third Church to see if any member of the session was unacceptable to the people.] 4. The Presbytery, -without the Request of the Session or of Members of the Church, may declare that an Elder shall Cease to Act. Overtui'e No. 46, from the session of the Presbyterian Church at Iron- ton, Missouri, in reference to the j)ower of the Presbytery to declare that a member of the session shall cease to be an acting elder without any re- quest from the session or any members of the church. The Committee would recommend the following answer (see Form of Government, chap, x., sec. viii.): Presbytery has power to visit particular churches for the purpose of inquiring into their state, and redressing the evils that may have arisen in them, and to order whatever pertains to their spiritual welfare, without being requested by the session. The report was adopted. — 1869, p. 924, O. S. 6. If a Member of Session be Unacceptable, and the Matter can- not be Arranged by Consent, the proper step is to Memorialize Presbytery. Overture No. 20, from two members of the General Assembly, with the inquiry: "Has a church session the right to submit to their church mem- bers the acceptableness or non-acceptableness of the acting board of ruling elders, or any portion of the board, and to ask the church to settle the question by a vote of the members?" In case of unacceptableness on the part of any member of a church session, and the matter cannot be amicably arranged by consent of parties, the proper method of redress is by memorializing the Presbytery to give such direction as in its judgment the necessities of the case may require, under the provisions of the Form of Government, chap. xiii. — 1867, p. 369, O. S. The report was adopted. OF ELECTING AND ORDAINING ELDERS AND DEACONS. 351 6. "When an Elder resigns, the Presbytery is not Competent to order his Restoration. Dr. S. F. Day, decliiiiug to have his children baptized, his wife being a Baj)tist, the session of the Wooster church, in which he was an ehler, was advised by the Presbytery that in such a case (proposed in thesi) the elder should be removed from office. Hereupon Dr. Day gave notice to the session that he resigned the eldership. At a subsequent meeting of Presbytery, upon a memorial from Dr. Day, the Presbytery reconsidered its action, and ordered the session to restore him. Upon appeal the Synod sustained the Presbytery. A complaint was taken up by the pastor, the Rev. James H. Baird, and by the session. The following was the decis- ion. [See Baird's Digest, p. 70.] Whereas, It appears from the record that Dr. Day was removed from the session of the church of Wooster by his own resignation of his office in that church, and not by the judicial action of the session, it was not competent to the Presbytery to order his restoration to office by the ses- sion ; and therefore the judgment of the Synod of Ohio confirming such action of the Presbytery was erroneous and ought to be and is hereby re- versed, and the complaint of the session, so far as it relates to this point, is sustained. — 1854, p. 33, O. S. [See above, chap, ix., sec. ii., c, for a case where an elder refuses to act, and has left the church.— 18(39, p. 912, O. S.] 7. The OfB-cial Relations of an Elder to his Church terminate with his Dismission. The Presbytery of Iowa City desire the Assembly " to determine when the rights and privileges of ruling elders and private members cease, on their receiving letters of dismission ; and whether the same rule obtains as in the dismission of ministers from a Presbytery." The Assembly reply : The established rule of the Presbyterian Church in relation to the dis- mission of a minister from his Presbytery is " that in all ordinary cases all the rights and privileges of an individual in a Presbytery cease wdien at his request his dismission is granted." He may, however, within any reasonable time befoi'e he has used his letter of dismission, return it to the Presbytery, and then claim all his former rights and privileges; but until he has used his letter he is amenable to the Presbytery which has dismissed him. [See Digest, New, chap, ii., sec, viii.] Your C'ommittee have not been able to find any specific rule in our Form of Government or in the Digest in relation to the dismission of ruling elders or of private members from any particular church, indi- cating the y)recise time when their rights and privileges in that church from which, at their own request, they may be dismissed cease ; but we have no hesitation in declaring our belief that the same guardian care which is extended over dismissed members is, by the very genius and intent of our excellent Form of Government, designed also for the pro- tection of regularly dismissed elders and private members, as well as for the preservation of the peace and purity of the Church. We therefore respectfully recommend to this Assembly the adoption of the following resolutions : That, 1. The dismission of a ruling elder by letter from a church terminates his official relations with that church. 352 FORM OF GOVEENMENT. 2. A letter of dismission, whether issued to a ruling elder or private member, terminates the relations of the person dismissed with the church giving the letter, except so far as said church is responsible for its watch and care over him during the period of transition. 3. These rights and privileges can be regained in that church by re- turning the letters of dismission to the authority which gave them. 4. These rights and privileges can be secured in any other church within the jurisdiction of this General Assembly, by virtue of such certificates, provided they are presented to the session thereof within one year from their date ; and until they are presented such persons are amenable to the church from which the certificates Avere received. — 1867, p. 512, N. S. [The "Rights and Privileges" referred to in sec. iv. are those of mem- bei'ship only. An elder can exercise his office only by virtue of an elec- tion.] 8. The Return of a Letter Unused. Restores to Official Position. The Committee on Polity reported the following case and question : Mr. C, an acting elder of the church of C, having taken a certificate of dismission, and having retained it about three years, returned it to the session of the church of C, giving satisfactory reasons for not using it, and was restored to the membership of the church. Does the receiving again by the session reinstate Mr. C. as an acting elder of the church ofC? _ The Committee recommended that the answer be in the afiirmative. The report was adopted. — 1868, p. 58, N. S. CHAPTER XIV. OF LICENSTNG CANDIDATES OR PROBATIONERS TO PREACH THE GOSPEL. I. The Holy Scriptures require that some trial be previously had of those who are to be ordained to the ministry of the gospel, that this sacred office may not be d^raded by being committed to weak or unworthy men ; and that the churches may have an opportunity to form a better judgment respecting the talents of those by wdiom they are to be instructed and governed. For this purpose Presbyteries shall license probationers to preach the gospel, that after a competent trial of their talents, and receiving from the churches a good report, they may in due time ordain them to the sacred office. 1. Preaching without Licensure Condemned as Irregnlar. a. Upon information that David Evan, a lay person, had taken upon hira publicly to teach or preach among the Welsh in the Great Valley, Chester county, it was unanimously agreed that the said Evan had done very ill and acted irregularly in thus invading the work of the ministry, and was thereupon censured. Agreed that the most proper method for advancing David Evan in necessary literature to prepare him for the work of the ministry is that he lay aside all other business for a twelvemonth, and apply himself OF LICEXSING CANDIDATES. 353 closely to learning and study under the direction of Mr. Andrews, and with the assistance of jNIi*. Wilson and Anderson, and that it be left to the discretion of the said ministers wlieu to put said Evan on trials, and license liim publicly to teach or preach. — 1710, p. 17. 6. The Assembly disapproves the conduct of Mr. McCalla iu preaching the gospel before he was regularly licensed. — 1821, jx 21, 2. On the Licensing and Ordaining of Women to Preach the Gospel. a. Overture No. 39, from the Presbytery of Brooklyn, requesting the Assembly to adopt and transmit to the Presbyteries for their approval such rules as shall forbid the licensing and ordaining of women to the gospel ministry, and the teaching and preaching of women in our pulpits, or in the public and promiscuous meetings of tlie Church of Christ. The Committee recommend this answer: That there is no necessity for a change in the Constitution of the Church touching this question ; and the memorialists are referred to the deliverance of the Assembly of 1832^ which expresses the judgment of this Assembly. Adopted.— 1872, p. 89. b, [The deliverance referred to is as follows, viz. :] Meetings of pious women by themselves for conversation and prayer, whenever they can conveniently be held, we entirely approve. But let not the inspired prohibitions of the great apostle of the Gentiles, as- found in his Epistles to the Corinthians and to Timothy, be violated. Tc teach and exhort or to lead iu prayer, in public and promiscuous assem- blies, is clearly forbidden to women in the holy oracles. — Pastoral Letter, 1832, p. 378. [See under chap, xii., sec. v., Letter No. 11.] 3. Education for the Ministry. [For a full history of the early efforts of the Presbyterian Church to enlarge her ministry by aiding pious vouth needing assistance, see Baird's Digest, Revised Edition, pp. 388-399.] In 1819 the Assembly resolved to establish a General Board of Education. — Minutes, 1819, p. 712, viz. : a. The Board of Education Established. The Committee appointed to draught a Constitution for establishing a General Board of Education, agreeably to the resolutions adopted by the Assembly on the subject, reported one, which being read and amended, was adopted, and is as follows, viz. : I. There shall be a General Board of Education, known by the name of The Board of Education, under the care of the General Assembly of the Presbyterian Church in the United States of America. II. The Board shall consist of thirty-six members, of whom there shall be twenty ministers and sixteen elders, one minister and one elder to be chosen from each Synod, and the remainder from Philadelphia and from a distance convenient to it. Seven members, including the President or Vice President, shall be a quorum to transact business. III. The whole number of members shall be divided into four classes, one-fourth to be annually elected. IV. The election of the members of the Board shall be made by nomi- nation and ballot by the General Assembly. V. The officers shall be a President, three Vice Presidents, a Recording 45 354 FORM OF GOVERNMEXT. and a Correspondiug Secretary, and a Treasurer, to be annually elected by the Board. VI. The objects of this Board shall be — 1. To recognize such Presbyteries and other associations as may form themselves into education societies, as auxiliary to the General Board. 2. To assist sucli Presbyteries and associations in educating pious youth for the gospel ministry, both in their academical and theological course. 3. To assign according to their best discretion to the several auxiliary societies a just proportion of the whole disposable funds under their con- trol. 4. To concert and execute such measures as they shall judge to be proper for increasing their funds and promoting the general object. VII. No young man shall be patronized or assisted by any auxiliary society unless he shall produce a testimonial of his hopeful piety and tal- ents from some Presbytery under whose care he shall have been taken. VIII. Auxiliary societies may make such arrangements and selection of a seminary for the young men under their patronage as in their opin- ion shall be most eligible for the prosecuting of their education, whether classical or theological. IX. The auxiliary societies shall send to the Board all the surplus funds in their hands which shall not be necessary for the accommodation of those immediately depending on them for support. X. Every auxiliary society shall annually forward a report of their proceedings to the Board, sufficiently early to enable the Board, whose duty it shall be, to report to the General Assembly. XI. The Board shall have power to make such by-laws to regulate their own proceedings and efiectually to accomplish the great objects of their appointment as shall not be inconsistent with this Constitution. XII. The Board may propose to the General Assembly from time to time such plans as they may consider useful and necessary for the success of this institution, to be recommended to the several societies or churches as the Assembly may think proper. XIII. No addition or amendment to the provisions of this Constitution shall be made unless by the consent of two-thirds of the members of the General Assembly present at any of their sessions, of whii-h notice shall be given at least one day previous. — 1819, p. 714. [With such amendments as experience showed to be necessary, the above plan was used by the O. S. branch of the Church from 1838 to the Re- union.] In 1841 was obtained the following : 6. CHARTER OF THE BOARD OF EDUCATION. T^byteri:ui Clnirch in the United States of America might have done, and shall be entitled to receive, sue for and recover all legacies and devises wliicli have iieretofore been or may hereafter be made to the said The Permanent Committee on Education for the Ministry of the Presbyterian Churcli in the United States of America. JAMES H. WEP,B, Speaker of the House of Representatives. WILLL\M H. WALLACE. Speaker of the Senate. Approved the twelfth day of May, one thousand eight biuidrtd and seventy-one. JOHN ^y. GEARY', Governor. c. ACT AUTHORIZING THE TRANSFER OF PROPERTY OF THE PER- MANENT COMMITTEE ON EDUCATION TO THE BOARD OF EDU- CATION. LEGISLATURE OF NEW YORK. An Act to enable "The Permanent Committee on Education for the Ministry of the Genera! Assembly of the Presbyterian Church in the L'nited States of America," to transfer its projierty to the new Board created by tlie General Assembly, when the same shall have been incorporated, and to vest in such new incorporation tlie rights, franchises and privileges of the former body. The People of the State of New York; represented in Senate and Assembly, do enact as follows : Section 1. The said "Permanent Committee on Education for the ^linistry of the General Assembly in the United States of America," are hereby authorizeil and em- powered to assign, transfer and convey to the said The Bonrd of Education of the Presbyterian Cliurch in the United States of America, whenever liie same sliall have become duly incorporated, all tiie property, estates and rights of any and every de- scription now held or enjoyed, or wiiich may liereafier be held t)r enjoyed, by tiiem, by virtue of any grant, gifi, l)e(jU(.st or devise, and the said The Boavd of Ediu alioii df the I'resbyterian Churcii in the United Slates of America, whenever the same shall have become duly incorporated as aforesaid, shall thereupon be and become the lull legal successors of all tlie corporate rights, francliises and privileges now belonging to the said "The Permanent Committee on Education for the Ministry of the General Assembly of the Presbyterian Churcii in the United States of America." Section 2. This Act shall take elilct whenever the several i)ersons elected at the OF LICENSING CANDIDATES. 361 meeting of the General Assembly of the Presbyterian Church, in May, eighteen hun- dred and seventy, as the Board of Education, shall have been duly incorporated. Approved the twentieth day of April, Anno Domini one thousand eight hundred and seventy -one. JOHN T. HOFFMAN, Governor. d. EULES OF THE BOAKD OF EDUCATION RELATING TO CANDI- DATES FOR THE MINISTRY. I. Dependence op the Board of Education upon the Presby- teries OF THE Church. 1. The Board of Education shall only receive and aid candidates for the ministry of the gospel upon the recommendation of a Presbytery of the Church ; and the Presbytery is responsible for their examination, sub- sequent care, and the designation of the annual amount of aid to be granted to them, within the limits set by the General Assembly. 2. The Board will in each case look specially to the Education Com- mittee of the Presbytery for the notification of the recommendation of a candidate for aid, and for the information required for fovorable action upon it; and is to regard that Committee as the particular agency of the Presbytery for the pastoral care of those who are preparing for the minis- try until their entrance upon its duties. 3. As a general rule, the Board will receive any young man of whose examination and recommendation in conformity with its requirements proper notification has been given, but it may exercise discretionary power to refuse to receive new candidates beyond its ability to support them. II. Reception of Candidates. 1. The encouragement of a young man to undertake the office of the ministry is a matter of most serious concern to himself, the Church and many immortal souls, which should only be ventured upon by those who have sufficient knowledge of his religious and mental character and capa- bilities, with much counsel and prayer, and out of a single anxious desire for the glory of God, He should enter the Pi-esbytery to which he would naturally belong ; and the application for his reception ought usually to be made by his pastor or a member of the Presbyter ial Committee on Ed- ucation. 2. The Presbytery, in examining students with a view to their recom- mendation for aid, must embrace such points as are indicated by the fol- low'ing questions, to which definite answers by the direction of the Assem- bly will invariably be required by the Board : What is the candidate's name? age? residence? Is the Presbytery satisfied as to his experimental piety? As to his motives for seeking the ministry? As to his talents? As to his health? As to his promise of practical efficiency? Is he free from expensive and injurious habits? What is the lowest amount of pe- cuniary aid required to supplement his really necessary expenses till the end of the present collegiate year? Of what congregation is he a mem- ber? How long has he been in the communion of the Church? What is his stage of study ? Where engaged at present ? Give the name of a responsible person (usually a member of the faculty of the institution or his pastor) through whom the appropriations can be sent. 3. No candidate shall be received by the Board who has not been a member of the Presbyterian Church or some closely related body for at least one year, who has not been recommended to the Presbytery by the 46 I 362 FORM OF GOVERNMENT. session of the church of which he is a member, and who is not suiliciently advanced in study to enter college, except in extraordinary cases. III. Appropriations. 1. The annual appropriations to candidates shall not in ordinary cir- cumstances exceed |l50 to theological or 6120 to collegiate students, and not more than §100 to extraordinary cases in the preparatory course. 2. These appropriations shall only be paid to a student on the reception of particular and satisfactory reports from his professors, embracing the following points: Do you know of anything in him inconsistent with a high Christian character? What is his standing as to scholarship — high, medium or low? (Add if possible his grade.) Is he free from expensive and injurious habits? Are you so satisfied with his promise of future use- fulness that you can consistently recommend him for aid? o. The Board may increase or diminish, in a general ratio, the appro- priati(ms, in case of unusual surplus or deficiency of funds. 4. In order to suit the period when the students most need assistance, and when the reports from professors can be most satisfactorily made, the reports shall ordinarily be made on the first days of November, January, ]\Iarch and May. The appropriation of a student whose recommendation is made at any time between those days may be expected to commence with the date of it. 5. The Board will in no case be responsible for debts of students, but it is expected of them that its appropriations shall be first applied to the payment of tuition and boarding. h. The appropriations to candidates shall cease regularly at the close of the ccjlk'giate year or earlier ; and they shall not be made in case of prolonged ill health which may unfit them for the work of the ministry; when they are manifestly improvident, or contract debts without reasona- ble prospect of payment; when they marry; when they receive assistance from any other educational board or society ; or when from private cir- cumstances they cease to need aid. 7. The sums of money a])propriated by the Board shall be refunded to it with interest in case a student fail to enter on or continue in the work of the ministry, unless he can make it appear that he is providentially prevented ; if he cease to adhere to the standards of the Presbyterian Church ; if he change his place of study contrary to the directions of his Presbytery, or continue to prosecute his studies at an institution not ap- proved by it or by the Board ; or withdraw his connection from the Church of which this Board is the organ without furnishing a satisfiictory reason. 8. The pecuniary assistance aflTorded by the Presbyterian Church, through her Board of E. Sec. 2. The Board shall choose out of their own number a President, two Vice Presidents and a Secretary. In the absence of the President and Vice Presidents the senior member shall preside. Sec. 3. The President of the Board, or, in the event of his death, ab- sence or inability to act, the first Vice President, shall, at the request of any three members, expressed to him in Avriting, call a special meeting of the Board of Directors by a circular letter addressed to each ; in which letter notice shall be given not only of the place and time of meeting, but of the business intended to be transacted at the meeting notified ; and this letter shall be sent at least twenty days before the time of said meeting. — 1812, p. 508. Sec. 4. The Secretary of the Board shall keep accurate records of all the proceedings of the directors ; and it shall be his duty to lay these records, or a faithful transcript of the same, before the General Assembly annually, for the unrestrained inspection of all the members. Sec. 7. The Board shall direct the professors of the seminary in regard to the subjects and topics on which they are severally to give instruction to the pupils, so far as tiie same shall not be prescribed by this plan or by the orders of the General Assembly. Sec. 8. It shall be the duty of the Board of Directors to inaugurate the professors of the seminary, and to direct what forms shall be used, and what services performed, on such occasions. Sec. 9. Every director, previously to his taking his seat as a member of the Board, shall solemnly subscribe the following formula, viz. : "Ap- proving the plan of the theological seminary of the Presbyterian Church in the United States of America, I solemnly declare and promise, in tlie presence of God and of this Board, that I will faithfully endeavor to carry into effect all the articles and provisions of said plan, and to promote tlie great design of the seminary." Sec. 10. The Board of Directors shall inspect the fidelity of the pro- fessors, especially in regard to the doctrines actually taught; and if, after due inquiry and examination, they shall judge that'any ])rofessor is either unsound in the faith, opposed to the fundamental principles ui" Pi'esby- terian Church government, immoral in his conduct, unfaithful to his trust or incompetent to the discharge of his duties, they shall faithfully report him as such to the General Assembly. Or if the longer continuance of a professor be judged highly dangerous, the directors may immediately sus- pend him, and appoint another in his place, till the whole business can be reported and submitted to the Assembly. OF LICENSING CANDIDATES. 377 Sec. 11. It shall be the duty of the Board of Directors to watch over the conduct of the students ; to redress grievances ; to examine into the whole course of instruction and study in the seminary ; and generally to superintend and endeavor to promote all its interests. Sec. 12. The Board of Directors shall make in writing a detailed and faithful report of the state of the seminary to every General Assembly, and they may at the same time recommend such measures for the advan- tage of the seminary as to them may appear proper. Article III. — Of the Professors. Sec. 1. The number of the professors in the seminary shall be increased or diminished as the Assembly may from time to time direct. But when the seminary shall be completely organized, there shall not be less than three professors. Sec. 2. No person shall be inducted into the office of professor of divin- ity but an ordained minister of the gospel. Sec. 3, Every person elected to a professorship in this seminary shall, on being inaugurated, solemnly subscribe the Confession of Faith, Cate- chisms and Form of Government of the Presbyterian Church, agreeably to the following formula, viz. : " In the presence of God and of the direct- ors of this seminary, I do solemnly and ex animo adopt, receive and sub- scribe the Confession of Faith and Catechisms of the Presbyterian Church in the United States of America as the confession of my faith, or as a summary and just exhibition of that system of doctrine and religious be- lief which is contained in Holy Scripture, and therein revealed by God to man for his salvation ; and I do solemnly ex animo profess to receive the Form of Government of said Church as agreeable to the inspired oracles. And I do solemnly promise and engage not to inculcate, teach or insinuate anything which shall appear to me to contradict or contravene, either di- rectly or impliedly, aiaything taught in the said Confession of Faith or Catechisms, nor to oppose any of the fundamental principles of Presby- terian Church government, while I shall continue a professor in this semi- nary." Sec. 4. The salaries of the professors shall be recommended by the di- rectors, but they shall be fixed only by a vote of the General Assembly. Sec. 6. Each professor shall lay before the Board of Directors, as soon as practicable after his appointment, a detailed exhibition of the system and method which he proposes to pursue, and the subjects which he pro- poses to discuss, in conducting the studies of the youth that shall come under his care, aud in this system he shall make sucli alterations or ad- ditions as the Board shall direct ; so that, eventually, the whole course through which the pupils shall be carried shall be no other than that which the Board of Directors shall have approved and sanctioned, con- formably to sec. 8, art. ii. And as often as any pi'ofessor shall think that variations and additions of importance may be advantageously introduced into his course of teaching, he shall submit the same to the Board of Di- rectors for their approbation or rejection. Sec. 8. Any pi'ofessor intending to resign his office shall give six months' notice of such intention to the Board of Directors. Sec. 9. The professors of the institution shall be considered as a faculty. They shall meet at such seasons as they may judge proper. In every meeting the senior professor present shall preside. The faculty shall choose a clerk, and keep accurate records of all their proceedings; which records shall be laid before the directors at every meeting of the Board. 48 378 FORM OF GOVERNMENT. The president of the fixculty shall call a meeting whenever he shall judge it expedient, and whenever he shall be requested to do so by any other membei*. By the faculty, regularly convened, shall be determined the hours and seasons at which the classes shall attend the professors severally, so as to prevent interference and confusion, and to afford to the pupils the best opportunities of improvement. The faculty shall attend to and de- cide on all cases of discipline and all questions of order, as they shall arise. They shall agree on the rules of order, decorum and duty (not in- consistent with any provision in the plan of the seminary, nor with any order of the Board of Directors) to which the students shall be subjected; and these they shall reduce to writing, and cause to be publicly and fre- quently read. They shall determine the hours at which the whole of the pupils shall, morning and evening, attend for social worship, and the man- ner in which, and the person or persons of their own number by whom, the exercises of devotion shall be conducted. — 18-10, p. 293, 0. S. Sec. 10. The faculty shall be empowered to dismiss from the seminary any student who shall prove unsound in his religious sentiments, immoral or disorderly in his conduct, or who may be, in their opinion, on any account whatsoever, a dangerous or unprofitable member of the institu- tion. Sec. 12. It shall be the duty of the professors, under the direction of tlie Board of Directors, to supply the pupils of the institution with the preaching of the gos})el and the administration of the sacraments of the Christian Church, if this supply shall not, in the judgment of the direct- ors, be satisfactorily furnished by a church or churches in the j)lace where the institution shall be established. Article IV. — Of Study and Attainments. Sec. 1. Every student, at the close of his course, must have made the following attainments, viz. : He must be well skilled in the original lan- guages of the Holy Scriptures. He must be able to explain the princijjal difficulties which arise in the perusal of the Scriptures, either from erro- neous translations, apparent inconsistencies, real obscurities or objections arising from history, reason or argument. He must be versed in Jewish and Christian antiquities which serve to explain and illustrate Scripture. He must have an acquaintance with ancient geograj^hy, and with Oriental customs which throw light on the sacred records. Thus he will have laid the foundation for becoming a sound biblical critic. He must have read and digested the principal arguments and writings relative to what has been called the deistical controversy. Thus will he be qualified to become a defender of the Christian faith. He must be able to support the doctrines of the Confession of Faith and Cateciiisms by a ready, pertinent and abundant quotation of Scrip- ture texts for that purpose. He must have studied, carefully and cor- rectly, natural, didactic, polemic and casuistic theology. He must have a considerable acquaintance with general history and chronology, and a particular acquaintance with the history of the Christian Churcli. Thus he will be preparing to become an able and sound divine and ca.suist. He must have read a considerable number of the best practical writers on the subject of religion. He must have learned to compose with cor- rectness and readiness in his own language, and to deliver what he has composed to others in a natural and acceptable manner. He must be well acipiainted with the several parts and the proper structure of popular lectures and sermons. He must have composed at least two lectures and four popular sermons that shall have been approved by the professors. OF LICENSING CANDIDATES. 379 He must have carefully studied the duties of the pastoral care. Thus he will be prepared to become a useful preacher and a faithful })astor. He must have studied attentively the Form of Church Government, authorized by the Scriptures, and the administration of it as it has taken place in Protestant churches. Thus he will be qualified to exercise dis- cipline, and to take part in the government of the Church in all its judi- catories. Sec. 2. The period of continuance in the theological seminary shall in no case be less than three years previously to an examination for a certifi- cate of approbation. But students may enter the seminary and enjoy the course of instruction for a shorter time than three years, provided they in all other respects submit to the laws of the seminary, of which facts they may receive a written declaration from the professors. Sec. 3. There shall be an examination of all the pupils in the seminary at every stated meeting of the Board of Directors. Those pupils who shall have regularly and diligently studied for three years shall be ad- mitted to an examination on the subjects specified in this article. All examinations shall be conducted by the professors in the presence of the directors or a Committee of them. Every director present shall be at lib- erty, during the progress of any examination or after the same shall have been closed by the professors, to put to any pupils such questions as he shall deem proper. Every pupil that shall have passed his final exami- nation to the satisfaction of the directors present shall receive a certificate of the same, signed by the professors, with which he shall be remitted to the Presbytery under whose care he is placed, to be disposed of as such Presbytery shall direct. Those who do not pass a satisfactory examina- tion shall remain a longer space in the seminary. — 1819, p. 707. Sec. 4. It shall be the object of the professors to make such arrange- ments in the instruction of their pupils as shall be best adapted to enable them, in the space of three years, to be examined with advantage on the subjects specified in this article. Article V. — Oj Devotion and Improvement in Practical Piety. [Omitted.] Article VI. — Of the Students. Sec. 1. Every student applying for admission to the theological semi- nary shall produce satisfactory testimonials that he joossesses good natural talents, and is of a prudent and discreet deportment; that he is in full communion with some regular church ; that he has passed through a reg- ular course of academical studj^; or, wanting this, he shall submit himself to an examination in regard to the branches of literature taught in such a course. Sec. 2. The first six months of every student in the seminary shall be considered as probationary; and if, at the end of this period, any student shall appear to the professors not qualified to proceed in his studies, they shall so report him to the Board of Directors, who, if they are of the same opinion with the professors, shall dismiss him from the seminary. Sec. 3. The hours of study and of recreation for the students shall be fixed by the professors, with the concurrence of the directors, and every student shall pay a strict regard to the rules established relative to this subject. Sec. 4. Every student shall be obliged to write on such theological and other subjects as may be prescribed to him by the professors once a month, and shall also commit to memory a piece of his own composition, and 380 FORM OF GOVERNMENT. pronounce it in public before the professors and students. — 18-40, p. 293, O.S. Sec. 9. Every student, before he takes his standing in the seminary, shall subsci'ibe the following declaration, viz. : " Deeply impressed with a sense of the importance of improving in knowledge, prudence and piety and in my preparation for the gospel ministry, I solemnly promise, in a reliance on divine grace, that I will faithfully and diligently attend on all the instructions of this seminary, and that I will conscientiously and vigi- lantly observe all the rules and regulations specified in the plan for its instruction and government, so far as the same relate to the students, and that I will obey all the lawful requisitions and readily yield to all the wholesome admonitions of the professors and directors of the seminary "while I shall continue a member of it." Sec. 10. The exercises of the seminary shall be suspended during four- teen weeks in every year, the number of vacations and the times at which they shall begin and end to be determined by the Board of Directors. — 1840, p. 293, O. S. Article VII. — Of the funds. Sec. 1. The funds of the institution shall be kept at all times entirely dis- tinct and separate from all other moneys or funds whatsoever, and they shall be deposited in the hands of such cox'poration, or disposed of for safe keeping and improvement in such other manner, as the General Assembly shall direct. Sec. 2. The Board of Directors shall from time to time, as they may see proper, lay before the Assembly plans for the improvement of the funds, and propositions for the appropriation of such sums as they may think necessary for particular purposes. Sec. 3. No money shall at any time be drawn from the funds but by an appropriation and order of the Assembly for the purpose. Sec. 4. A fair statement shall annually be laid before the Assembly by the proper officer of the amount of the funds belonging to the seminary, of the items which constitute that amount, and of the expenditures in detail for the preceding year. Sec. 5. The intention and directions of testators or donors, in regard to moneys or other property left or given to the seminary, shall at all times be sacredly regarded. And if any individual, or any number of individu- als, not greater than three, shall will, or during his or their lives fouud or endow a professorship or professorships, a scholarship or scholarships, or a fund or funds destined to special purposes, said professorships, scholar- ships or funds shall for ever afterward be called and known by the name or names of those who founded or endowed them ; and if any congregation, Presbytery, Synod or Association shall found a professorsliip or professor- ships, or scholarship or scholarships, or a fund or funds, said jjrofcssor- ships, scholar-ships or funds shall for ever afterward be called and known by such names as the body founding tliem shall give. Sec. 6. After supporting the professor, and defraying the other neces- sary charges of the seminary, the funds shall be ajjplied, as far as circumstances will admit, to defray or diminish the expenses of those students who may need pecuniary aid, as well as to lessen generally the expense of a residence at the seminary. h. Election of Directors. That when the Assembly shall proceed to the election of directors of the theological seminary, the clerk shall call on the members severally to OF LICENSING CANDIDATES. 381 nomiuate any number of persons, not exceeding the number to be elected, if he shall think it expedient to make any nomination. 2. That when the meml^ers have been severally called upon in the order of the roll to make a nomination agreeably to the above rule, the names of the persons nominated sliall be immediately read by the clerk for the information of the members, and that on the day following the Assembly proceed to elect by ballot the whole number of directors to be chosen. 3. That two members be appointed to take an account of the votes given for the candidates nominated for directors of said theological semi- nary, and to report to the Assembly tlie number of votes for each of the said candidates who have a plurality of votes, who shall be declared duly elected; but if the whole number to be elected should not be elected, and two or more of the candidates should have an equal number of votes, then in that case the house shall proceed to elect from the nomination a sufficient number to complete the Board, and shall continue to vote in this manner until the full number specihed by the constitution of the theolo- gical seminary be completed. 4. When the votes shall have been counted, and the requisite number of directors shall have been elected in the manner above specified, the moderator shall announce to the Assembly the names of those persons who shall appear to have the highest number of votes and are thus elected.— 1812, p. 503. c. Manner of Electing Professors. That whenever a professor or professors are to be elected, the Assembly by a vote shall determine the day when said election shall be held, which day shall be at least two days after the above determination has been made. Immediately after the vote fixing the day has passed, the Assem- bly shall have a season for special prayer for direction in their choice. The election in all cases shall be made by ballot. The ballots having been counted by two members previously appointed, they shall report a state- ment of said votes to the moderator, and in case there shall appear to be an equal number of votes for any two or more candidates, the Assembly shall proceed either immediately or at some subsequent period of their sessions to a new election. The choice being made, it shall be announced to the Assembly by the moderator. — 1812, p. 503. d. Plan as Amended by the Assembly of 1870. The Committee on Theological Seminaries presented a report on the memorial of the directors of Princeton seminary, with the following reso- lutions, which were unanimously adopted : Itesohed, 1. That the plan of the theological seminary at Princeton be changed as follows, viz. : In Article I. — Of the General Assembly. Section 1 shall hereafter read as follows: "As this institution derives its origin from the General Assembly, that body is to be considered its patron and the fountain of its powers." Section 2 shall hereafter read as follows : " The Board of Directors appointed by the Assembly shall have the immediate control of the seminary." Section 3 shall be omitted. Section 4 shall remain as it is. 382 FORM OF GOVERXMENT. In Article II. — Of the Board of Directors. * Section 1 shall hereafter be as follows: "The Board of Directors shall consist of twenty-one ministers and nine ruling elders, and shall have power to fill any vacancies which may hereafter occur in its body, subject always, however, to the veto of the General Assembly." Section 2 shall hereafter be as follows: "The Board of Directors shall have power to elect the professors and to remove them from office, such election and renioval to be subject to the veto of the General Assembly. The said Board shall also have power to suspend temporarily a professor, preliminary to and pending an investigation of charges against his life or doctrine." Sections 1, 2, 3, 4, 7, 8, 9, 11, 12 of this article shall hereafter be respect-*" ively Sections 3, 4, 5, 6, 7, 8, 9, 10 and 11. Section 10 of this article, as it stands, shall hereafter be omitted. Article III. — Of the Professors. Section 1 shall hereafter be as follows : " The number of professors in the seminary shall be increased or diminished as the Board of Directors shall from time to time direct." Section 2 shall remain as it is. Section 3 shall remain as it is. Section 4 shall hereafter be as follows : " The salaries of the professors shall be fixed by the Board of Directors." Sections 6, 8, 9, 10 and 12 of this article shall hereafter be respectively Sections 5, 6, 7, 8 and 9. Resolved, 2. That the salary of each professor be increased to three thousand dollars per annum from May 1, 1809, the increase to be paid out of any unappropriated funds of the seminary in the hands of its trustees. The following changes in Article VII., on the suggestion of the Com- mittee appointed by the Board of Directors of the Princeton theological seminary to examine Article VII. of the plan of the seminary, and to pro- pose to the Assembly such alterations as may bring that article into har- mony with the other alterations ])roposed in the report of the Board of Directors to the Assembly, were adopted, viz.: Omit Sections 1, 2, 3 and 4, and in lieu thereof insert the follow- ing, viz. : Sec. 1. The Board of Directors are authorized to exercise all the con- trol of the funds belonging to this institution, hitherto exercised by the General Assembly, as far as this can be done consistently with the will of the testators and donors, such as fixing the salary of the professors, regulat- ing the amount required for endowment of scholarships or professorships, and keeping sacred and distinct the difierent funds already created, or to be hereafter created, for the specific objects for which they are given. Sec. 2. All matters relating to the finances, fixing the salaries of profes- sors, the extent of endowment and the aid of students shall be by the Board of Directors submitted to the trustees of the seminary for their aj)proval. Sec. 3, Fair statements shall bo annually presented to the Assembly by the Board of Directors and ))y the trustees of the amount of funds belonging to the seminary, of the items which constitute that amount, and of the expenditures in detail for the preceding yi'ar. Sections 5 and 6 to remain as heretofore, and to be numbered respect- ively 4 and 5. — 1870, pp. Q>o, GG. * See c, below. OF LICENSING CANDIDATES. 383 e. Substitute for Article 2, Section 1, of the Plan above. That to prevent a possible ambiguity, this Committee, Avith the appro- Ijatiou of the directors and professors of Princeton seminary, propose the following as a substitute for Section 1, Article 2, of the plan of that insti- tution, viz. : "The Board of Directors shall consist of twenty-one ministers and nine ruling elders, of whom one-third, or seven ministers and three elders, shall be chosen by said Board annually, to continue in office three years; and the Board shall also have power to fill all vacancies which niay occur in its body; all of these elections, however, shall be subject to the' veto of the General Assembly, to whom they shall be reported at the next meeting thereafter." Adopted. — 1871, p. 579. [The following report made to the Assembly in 1870 gives in detail the origin of the several seminaries, and their relations to the Assembly at the time of the reunion.] Report on Theological Seminaries, 1870. The Committee on Theological Seminaries presented a report, which was adopted, as follows : The number of theological seminaries connected with the General As- sembly, directly or indirectly, is seven. These were founded after different methods and at different epochs, thus representing more or less important changes of sentiments and events in the history of the ('hurch and the country. I. The seminary at Princeton was founded by the General Assembly it- self in the year 1812. Coming into existence in the early part of this cen- tury, immediately after the organization of the American Board of For- eign Missions and the seminary at Andover, when there was a very general unity and co-operation of good men throughout the land, it must be re- garded and lujnored as the firsc of those great movements in the Presby- terian Church which looked to the spreading of the kingdt)m of Christ at home and abroad. II. The seminary at Auburn was founded in the year 1819, for the purpose of training up a ministry in what was then known as "the West- ern countiy." III. The seminary at Allegheny was established in 1825. Lane Semi- nary, at Cincinnati, in 1829. IV. Those three seminaries are associated with two things : 1. The beginning of that tide of emigration from the East to the West which has been rolling and surging onward ever since; and 2. That spirit of active evangelism which most happily was simultaneous with westward emigra- tion, a new power and life of religion distinguishing that memorable period. V. Union theological seminary, in New York, was founded in the year 18o6, one year preceding the disruption of the Church. Coming into existence at that extraordinary time, the design of its founders, who were then largely members of churches known after the division as Old School, was, in their own language, "to provide a seminary which might commend itself to all men of moderate views and feelings desiring to live free from party strife, and to stand aloof from all extremes of doctrine and of practice." VI. The seminary at Danville, Ky., w'as founded in the year 1853. VII. That now at Chicago, 111., was established in that city in the year 1859 by removal from New Albany — dates sufficiently distinct to repre- 384 FORM OF GOVERNMENT. sent advanced stages in those conflicts of opinion which subsequently convulsed the countiy and the Church, and which have not as yet entirely passed away. The seminaries now enumerated were founded not only at different times, but after different methods. Those at Princeton, Allegheny, Dan- ville and Chicago were established by the General Assembly, and are under its direct supervision and control. The seminary at Auburn is controlled by a Board of Commissioners, elected by certain Presbyteries in Central and "Western New York, and a Board of Trustees elected by the commissioners. Its faculty, appointed by the Commissioners, report to the General Assembly. Lane semina'-y, at Cincinnati, and Union seminary, at New York, were founded by individuals, members of the Presbyterian Church, and by their charters, most cautiously prepared, are made Presbyterian institu- tions, recognizing our standards of doctrine and polity, though not under any ecclesiastical control. The administration of these seminaries is after different methods, though in some cases the difference is more in name and form than in essential fact. Princeton seminary is administered by two boards, known as the Board of Directors and the Board of Trustees. The former are elected by the General Assembly in annual classes. The latter, having control of the property, is a dose corporation, filling its own vacancies. In like manner, the seminaries at Allegheny, Danville and Chicago have each two ad- ministrative boards — a Board of Directors and a Board of Trustees. Lane and Union seminaries have each but one board — a Board of Trus- tees at Lane, a Board of Directors at Union — by which the property is held and the general control of the seminary is administered, certainly a simpler method, by which all differences of opinion are avoided, such as have arisen and are likely to arise in other seminaries between two separate Boards, one of trust and the other of direction. That the relations of these sevei-al theological seminaries, differing in origin and administration, to the reunited Church should be regarded as a matter of no little delicacy and difficulty, was inevitable. On the one hand, it is obvious that a matter so important as the education of its min- istry should in some way be under the supervision and control of the Church, so as to secure the entire and cordial confidence of the Church. On the other hand, there is a liberty and flexibility in the matter which must be respected and allowed. If individuals or associations are dis- posed to found and endow seminaries of their own, there is no power in the Presbyterian Church to forbid it. The difficult task of undertaking to reconcile these ideas and principles received the early and careful attention of the joint Committee on Re- union, as app(!ars from one of the concurrent declarations adopted by both Assemblies, providing for the transfer of those seminaries now under the control of the Assembly to the care and control of one or more adjacent Synods, if they should so elect. The object was to allay the apprehensions of any who might imagine that the sudden acces- sion and intermingling of great numbers might overbear those who had hitherto administered those seminaries which had been under the control of one branch of the Church. It was intended as a measure for the maintenance of confidence and harmony, and not as indicating the best method for all future time. As to any project by which the entire control and administration of all our theological seminaries — for example, as to the election of trustees — OF LICEXSING CAXDIDATES. 385 can be transferred to the General Assembly, on any princi} le of complete uniformity, your Committee regard it as wholly impracticable, and the attempt to accomplish it altogether undesirable. To bring it about, should it be undertaken, would require an amount of legislation, in six or seven different States, which would be portentous. In some cases alterations of existing charters are impossible, by reason, as in Ohio, of changes in the constitution enacted subsequently to the granting of that charter upon which Lane seminary was incorporated. Surely it would be to the last degree unwise to attempt such alterations in so many charters, putting in jeopardy so large an amount of property, when the object contemplated may be secured in another and better way, ]3esides, the intentions and wishes of benevolent men, who have founded and endowed some of these seminaries, and aided others on their present footing, should be honorably and zealously protected. Your Committee, therefore, would recommend no change, and no at- tempt at change, in this direction, save such as may safely and wisely be eflected under existing charters. For example, the directors of the seminary at Princeton have memo- rialized this Assembly, with the request that the Assembly would so far change its "plan" of control over that institution as to give the Board of Directors enlarged rights in several specified particulars, subject to the veto of the General Assembly. Your Committee are unanimously of the opinion that the changes asked for are eminently wise and proper. If it were within the power of the General Assembly to remit the entire administration of this venei'able institution to its Board of Directors, without any of the restrictions they have mentioned as to the supply of their own vacancies, they would cor- dially recommend it. But inasmuch as the endowments of this seminary are held on the condition that it should be the property and under the control of the General Assembly of the Presbyterian Church in the United States, that trust cannot be vacated nor transferred to any other body. The method desired and proposed by the directors themselves is open to no such objection, and is believed to be quite within the pro- visions of the law as now defined, being only a convenient and wise- mode of executing by the General Assembly itself the trust which it now holds. A memorial has been presented to this Assembly from the directors of Union theological seminary, in New York, bearing upon the point of uniformity as to a certain kind and amount of ecclesiastical supervision. It had appeared to them — many of them having taken an active part in founding that seminary thirty-three years ago, in a time, as already noticed, of memorable excitement — that there were great disadvantages and perils in electing professors and teachers by the Assembly itself, with- out sufficient time or opportunity for acquaintance with the qualifications of men to be appointed to offices of such responsibility. It is self-evident, as your Committee are agreed, that a body so large as the General Assembly, and composed of men resident, most of them, at so great a distance from the several seminaries, is not so competent to arrange for their interests and usefulness as those having local and personal inti- macy with them. Desirous of bringing about as much uniformity as was possible in the relation of the seminaries to the General Assembly of the Church, the directors of Union seminary have memorialized this Assem- bly to the effect that the Assembly would commit, so far as practicable, the general administration of all seminaries now under the control of the 49 386 FORM OF GOVERNMENT. Assembly to their several Boards of Directors, proposing, if this be done, to give to the General Assembly what it does not now possess — the right of veto in the election of professors at Union. In this generous otter, looking solely to the peace and harmony of the Church, the memorialists did not include the same veto in regard to the election of their own direct- ors, inasmuch as these directors hold the property of the seminary in trust. The trustees of Princeton seminary, being one of two Boards, are a close corporation. The directors of Union seminary in New York, being but one Board, are the trustees. Leaving all the diversities of method and administration in the several seminaries intact, save in the particulars hereinafter provided for, your Committee are happy to report that there is one mode of unifying all the seminaries of the Presbyterian Church as to ecclesiastical supervision, so far as unification is in any way desirable. It is the mode suggested in the seve- ral memorials of the directors of Union and Princeton, and approved, or likely to be approved, from information in our possession, by the directors of Auburn and Lane. This is to give to the General Assembly a veto power upon the appointment of professors in all these several institutions. This seems to your Committee to secure all the uniformity, as to the rela- tion of these seminaries to the Church, which can be necessary to ensure general confidence and satisfaction. Less than this might excite jealousy, more than this is cumbersome and undesirable. Your Committee, in accordance with these views, report the following plan and resolutions: 1. Accepting the offer so generously made by the directors of the Union theological seminary, in New Yoi'k — a seminary independent hitherto of all direct ecclesiastical control — to invest the General Assembly, with the right of a veto in the election of professors in that institution, this Assem- bly would invite all those theological seminaries not now under the con- trol of the General Assembly to adopt at their earliest convenience the same rule and method, to the end that, throughout the whole Presbyterian Church, there may be uniform and complete confidence in those entrusted ■with the training of our candidates for the ministry. 2. That the several Boards of Directors of those seminaries which are now under the control of the General Assembly shall be authorized to elect, suspend and displace the professors of the seminaries under their care, subject in all cases to the veto* of the General Assembly, to whom they shall annually make a full report of their proceedings, and to whom their minutes shall be submitted whenever the Assembly shall require them to be produced. These Boards shall further be authorized to fix the salaries of the professors, and to fill their own vacancies, subject in all cases to the veto of the General Assembly. 3. Resolved, That a Committee of five be appointed by the Assembly to propose such alterations in the "plans" of the seminaries now under the control of the Assembly as shall be deemed necessary to carry into efiect the principles above stated, and that said Committee report to this or to the next succeeding Assembly. 4. In case the Board of Directors of any theological seminary now under the control of the General Assembly should i)refer to retain their present relation to this body, the plan of such seminary shall remain unaltered. — 1870, pp. 50-G4. The following report details the progress of the plan for uniformity in the relations of the seminaries to the Assembly : * For time within which the veto may be exercised, see below, 7, 1871, p. 581. OF LICENSING CANDIDATES. 387 II. AUBURN THEOLOGICAL SEMINARY. At the annual meeting of the trustees and commissioners of the theo- logical seminary at Auburn, May 11, 1871, it was Resolved, That the Boards of commissioners and trustees of the Auburn theological seminary are anxious to comply with the proposal of the last General Assembly to submit the election of professors in this institution to the concurrence of that body, and that a joint Committee be appointed to consider whether the proposal of the General Assembly can be complied with without a change of the charter of this seminary; and if in the judg- ment of this Committee such a change in the charter is necessary, the Prudential Committee is hereby authorized to apply to the coming Legis- lature in the name of these two Boards to make it. They further intimate that one of the embarrassments in their action was that no time was fixed for the action of the General Assembly in the exercise of their proposed veto power. — 1871, p. 579. III. THE WESTERN THEOLOGICAL SEMINARY. At a meeting of the Board of Directors of the Western theological sem- inary, October 14, 1870, it was Resolved, That we accept the powers and authority offered by the action of the General Assembly to the theological seminaries now under the con- trol of the General Assembly, as contained in the second resolution of the report of the Committee on Theological Seminaries, recorded on page 63 of the minutes of 1870. — 1871, p. 579. Plan of the Western Seminary. Introduction. With alterations, as in Baird's Digest, p. 427, Rev. Ed., p. 434. See above, under Princeton seminary, xiv., sec. iii. Article I. — Of the General Assembly. Sec. 1. As this institution derives its origin from the General Assembly, that body is to be considered its patron and the fountain of its power. Sec. 2. The Board of Directors shall have the immediate control of the seminary. Sec. 3. (Now Section 4.) Article II. — Of the Board of Directors. Sec. 1. The Board of Directors shall consist of forty members — twenty- eight ministers and twelve ruling elders — one-fourth to be chosen annually, and shall have power to fill any vacancies which may hereafter occur in the body, subject always, however, to the veto of the General Assembly, the election to be at the regular annual meeting. Sec. 2. The Board of Directors shall have power to elect the professors and to remove them from office, such election and removal to be subject to the veto of the General Assembly. The said Board shall also have power to suspend temporarily a professor preliminary to and pending an investi- gation of charges against his life or doctrine. Secs. 3, 4, 5, 6, 7, 8, 9, 10 and 11 to consist of Sections 1, 2, 3, 4, 7, 8, 9, 11 and 12, as in Baird's Digest, pp. 413 and 414; except. Sec. 3. Strike out the clause requiring the president or one of the vice presidents to be necessary to constitute a quorum. Sec. 5. Strike out "twenty days," and insert "ten days." 388 FOEM OF GOVERXMEXT. Sec. 6. Strike out "annually," and insert "when required." Sec. 7. Strike out " or by the order of the General Assembly." Sec. 11. Strike out the last clause. Article III. — Of the Professors. Sec. 1. The number of pi-ofessors in the seminary shall be increased or diminished as the Board of Directors shall from time to time direct. Secs. 2 and 3. (As now.) Sec. 4. The salaries of the professors shall be fixed by the Board of Directors. Secs. 5, 6, 7, 8 and 9 to consist of 6, 8, 9, 10 and 12. — Bawd's Digest, pp. 415 and 416. Article IV. — Of Study and Attainments. Article V.— Of Devotion and Improvement in Practical Piety. Article VI. — Of the Students. Article VII. — Of the Funds. Sec. 1. The Board of Directors shall exercise all the control of the funds belonging to this institution hitherto exercised by the General As- sembly, as far as this can be done consistently with the will of the testa- tors and donors, such as fixing the salaries of the professors, regulating the amount required for the endowment of scholarships and professorships, and keeping sacred and distinct the different funds already created, or to be hereafter created, for the specific objects for which they are given. Sec. 2. All matters relating to the finances, except the fixing the sala- ries of the professors, the extent of endowment and the aid of students, shall be by the Board of Directors submitted to the Board of Trustees of the seminary for their approval. Sec. 3. Fair and full statements shall be annually presented to the Gen- eral Assembly by the Board of Directors or by the trustees of the amount of funds belonging to the seminary, of the items which constitute that amount, and of the receipts and expenditures in detail for the i^receding year. Secs. 4 and 5 to consist of sections 5 and 6 (Baird's Digest, p. 418), ex- cepting to insert "unless otherwise directed" after the words "endowed them," in Section 4. Article VIII. — Of the Board of Trustees. Sec. 1. The Board of Trustees of the Western theological seminary, as incorporated by the Legislature of the State of Pennsylvania, consists of thirtv members, to be elected by the General Assembly Avhen meeting in the State of Pennsylvania, and no more than one-third to be changed in any one year. Sec. 2*. To the trustees is committed the custody and disbursement of the funds of the institution for the purposes for which appropriated by the donors, or according to the plan of the seminary. Sec. 3. The ]5oai-(l of Trustees shall meet twice in each year, in April and November, at such times as may be designated, and oftener on their own adjournment or the call of the president. Sec. 4. The officers of the Board shall consist of a President, Vice President, Secretary and Treasurer, to be chosen annually at the spring meeting of the Board, to continue in office till their successors are elected. — 1872, pp. 113-115. Adopted by the Assembly. — 1872, p. 59. OF LICENSING CANDIDATES. 389 c. A Change of Name Authorized. The following resolution also was adopted : Resolved, That the directors and trustees of the Western Theological Seminary be and they are hereby authorized to change the name of the seminary to the Allegheny or Pittsburg theological seminary, and to obtain the necessary legislation, if in their judgment the same be expe- dient—187'^, p. 93. IV. LANE THEOLOGICAL SEMINAEY. The Board of Trustees of the Lane theological seminary report that they have most cordially adopted this plan by the following action : Every election of a professor in this institution shall be reported to the next General Assembly ; and if said Assembly shall by vote express its disapprobation of the election, the professorship in question shall be ip.io facto vacant from and after such vote of the General Assembly, it being understood that in such case it is not the pleasure of this Board that such professor shall continue in office. — 1871, p. 580. V. UNION THEOLOGICAL SEMINARY. a. A communication was received by the Rev. William Adams, D. D., from the directors of the Union theological seminary in the city of New York, proposing on certain terms to place their institution under the care of the General Assembly. A communication was also received from the directors of the theologi- cal seminary at Princeton, asking that the change contemplated in the above communication may be ^nade, and proposing other matters of inte- rest to the seminary. These communications were referred to the Standing Committee on Theological Seminaries. — 1870 p. 17. The Committee subsequently reported inter alia, as follows : b. Your Committee, in accordance with these views, report the follow- ing plan and resolutions : Accepting the offer so generously made by the directors of the Union theological seminary in New York — a seminary independent hitherto of all direct ecclesiastical control — to invest the General Assembly with the right of a veto in the election of professors in that institution, this Assem- bly would invite all those theological seminaries not now under the con- trol of the General Assembly to adopt at their earliest convenience the same rule and method, to the end that throughout the whole Presbyterian Church thei'e may be unifoi-m and complete confidence in those entrusted with the training of our candidates for the ministry. — 1870, p. 63. c. Memorial of the Directors of Union Theological Seminary in the City of New York to the General Assembly of the Presbyterian Church in the United States of America, New York, May 18, 1870. Whereas, In the recent negotiations for reuniting the two branches of the Presbyterian Church, great importance was attached to some uniform system of ecclesiastical supervision over the several theological seminaries of the denomination ; and Whereas, The directors of the Union theological seminary in New York — an institution founded before the disruption of the Presbyterian Church, belonging exclusively to neither of its branches, and administered upon its own independent charter — are desirous of doing all in their power 390 FORM OF GOVERNMENT. to establish confidence and harmony throughout the whole Church, in respect to the education of its members ; and Whereas, It has appeared to many, and especially to those who took an active part in founding the Union theological seminary, that there are many disadvantages, infelicities, not to say at times perils, in the election of professors of those seminaries directly and immediately by the General Assembly itself — a body so large, in session for so short a time, and com- posed of members to so great an extent resident at a distance from the seminaries themselves, and therefore personally unacquainted with many things which pertain to their true interest and usefulness — therefore, be it Resolved, That the Board of directors of the Union theological semi- nary in the city of New York, being all of them ministers or members of the Presbyterian Church, do hereby memorialize the General Assembly to the following effect, viz. : That the General Assembly may be pleased to adopt it as a rule and plan, in the exercise of the proprietorship and control over the several theological seminaries, that so far as the election of professors is concerned the Assembly will commit the same to their respective Boards of Directors on the following terms and conditions : First, That the Board of Directors of each theological seminary shall be authorized to appoint all professors for the same. Second, That all such appointments shall be reported to the General Assembly, and no such appointment of professor shall be considered as a complete election if disapproved by a majority vote of the Assembly. And further he it resolved, That the Board of Directors of the Union theological seminaiy in the city of New York, persuaded that the plan proposed in the memorial will meet the cordial approval of the patrons, donors and friends of all these seminaries, and contribute to the peace and prosperity of the Church, do hereby agree, "if the said plan shall be adopted by the General Assembly, that they will agree to conform to the same, the Union seminary in New York being in this respect on the same ground, with other theological seminaries of the Presbyterian Church. — 1870, pp. 148, 149. The Assembly comj)lied with this request. See pp. 60-64, VI. DANVILLE THEOLOGICAL SEMINARY. Danville. — The Board of Directors cordially approve the plan of the General Assembly as to harmonious operations of all the theological semi- naries within their jurisdiction, and simply ask further time to perfect the same in their relations to the Assembly. To effect this a Committee has been appointed to investigate the whole subject, and to report to the direct- ors at their next meeting whether they can legally adopt the plan of the Assembly.— 1871, p. 580. In 1872 they report that changes made at this time might affect legal rights, but " that by another year these changes may be safely made." — 1872, p. 120. The Board of Directors of the theological seminary of Danville, Ky., make the following annual report to the General Assembly : The difficulties in the way of our adopting the plan of control recom- mended by the Assembly being removed, we are now prejiared to adopt said plan, and suggest the following necessary changes in the present plan of the seminary : OF LICENSING CANDIDATES. 391 Amendments to the Plan of the Danville Theological Semi- nary, Second Article. Araeud section third, paragraph first, so as to read as fol- lows : " As this institution derives its origin from the General Assembly, that body is to be considered its patron and the fountain of its powers, and it shall be conducted under the authority, oversight and care of the General Assembly." Third Article. Amend by substituting the following instead of para- graphs first and second of section first: " 1. The Board of Directors, us constituted at the expiration of the sessions of the General Assembly of 1873, and their successors appointed in the manner hereafter provided for, shall have the immediate control of the seminary, and are authorized to exercise all the control of the funds belonging to the institution hitherto exercised by the Assembly, as far as can be done consistently with the will of the testators or donors, and consistently with the objects and purposes of the covenants and agreements referred to in the plan of the seminary, the exercise, however, of such control of the funds by the Board of Direct- ors hereby authorized being always subject to the veto of the General Assembly. But all matters relating to finance, such as fixing the salary of professors and the extent of aid to be given to students, shall be sub- mitted by the Board of Directors to the trustees of the seminary for their approval. The true and only intent and meaning of the amendments and changes now made in the plan of the seminary are, through the enlarged powers of general administration herein conferred upon the Board of Directors, to provide a more convenient and effective mode of executing by the General Assembly, through said Board, the trust it now holds in reference to the seminary and its funds, and to increase by a more efficient local administration the usefulness of the institution for the purposes for which it was established. The Board of Directors shall consist of thirty members, of whom one- half shall be ministers of the gospel, and the other half ruling elders in good standing in the Presbyterian Church in the United States of America. These directors shall be divided into three sections of ten persons each, one-half of each section being ministers of the gospel and the other half ruling elders, and one of these sections of ten persons shall be elected by the Board of Directors and all vacancies filled in the other two sections at each annual meeting of the Board, in such manner that each section shall serve three years and until their successors are elected, and the third part of the whole Board shall be elected every year. The form of the elec- tion shall be as the Board shall from time to time prescribe, and all these elections shall be subject to the veto of the General Assembly, to which body they shall be reported at its next meeting thereafter. The members of the Board appointed by the General Assemblies of 1871, 1872 and 1873 shall serve out the terms for which they were respectively appointed, and the first election by the Board itself shall be made at the annual meet- ing in 1874 to fill all vacancies that may exist at that time in its body. In section first, paragraph third, omit all after the word " vacant " in last line but one of the paragraph, and in the next paragra])h substitute six for ^^ nine" at the beginning of the third sentence, and add the words ''not specially excepted" after the word "business," at the end of that sen- tence. Transfer paragraph first of section second to the end of the article, and substitute in its place the following: "2. The Board of Directors 392 FORM OF GOVERNMENT. shall have power to elect the professors, and to remove them from office, such electiou and removal being subject to the veto of the General Assem- bly. The said Board shall also have power to suspend temporarily a pro- fessor, preliminary to and pending an investigation of charges against his life or doctrine. In the event of a vacancy in any chair of the seminary, they may employ any suitable person to give instruction temporarily in the vacant department, and they may also, upon the recommendation of the Faculty of the seminary, engage the services of any suitable person to give occasional instruction to the pupils upon any particular subject. In section third, paragraph first, line first, strike out the word '' es^e- daily." In section fourth, omit j^aragraphs second, third and fourth. In section fiftli, paragraph second, line first, substitute six for "nine," and in the following paragraph strike out the word " pa7iicular" in the first line, and in the fifth substitute the word "Jilled" for the words " brought to the notice of the Assembly." Fourth Article. Instead of the first two paragraphs of section first, sub- stitute the following: 1. The professors of this seminary shall be elected by the Board of Directors at any of their regular meetings, or at a meeting specially called for that purpose, and of which due notice shall have been given. The manner of the election shall be as the Board shall deem proper at the time. They shall hold their respective offices during the pleasure of the Board of Directors. But a quorum of the Board competent to dismiss a pro- fessor shall consist of not less than one-half of all the members. In section second, paragraph first, line second, substitute " Board of Directors" for "General Assembly," and in the third line " Board shall" for " Assembly will," and in the last paragraph of the same section strike out after the word "unless," so that the clause will read, " uiile-is by the consent of the Board of Directors in some lawful meeting." Instead of section third, paragraph first, substitute the following : 3. The professors shall be of equal rank and authority one with another. But when they meet as a Faculty, and when they act jointly upon any occasion, the senior professor present shall preside, and lie siiall perform, in the name of tiie whole, all joint official acts. If two or more profes- sors were elected at the same time, the one longest in the ministerial office shall be considered the senior one of them. The Faculty shall elect one of their number to act as their stated clerk, who shall perform the duties proper to that office. To paragraph second of section third add the following words : " the presiding professor having always a right to vote" and in the following paragraph, line third, insert '' advisory" between the words "joint" and " oversight." In section fourth, paragraph first, line first, substitute "Board of Direct- ors" for "Assembly," and in the third line "said Board" for " the Assem- bly," and from the enumeration of subjects assigned to the chair first named, strike out the word " Fxegctical," and change the title of the chair named last to "Biblical Literature ami Kregctical Theology." To })aragraph fourth of section fifth add the following sentence: "Moreover, they shall always meet as a Faculty at the request of any mend)er, whose duty it shall then be to notify his fellow-members of his desire for such a meeting." For paragraph third, section seventh, substitute the following: " It shall be the duty of the professors, under the direction of the Board OF LICENSING CANDIDATES. 393 of Directors, to supply the pupils of the institution with the preaching of the gospel and the administration of the sacraments of the Christian Church, if this supply shall not, in the judgment of the directors, be satLs- factorily furnished by some neighboring church or churches." For paragraph first, section ninth, substitute the following : " The sala- ries of the professors shall be fixed loy the Board of Directors." In the first line of the following paragraph strike out the words " fur- ther" and "same," and insert the words "of 1853" after the word "As- sembly." At the end of the article add the following as an additional section : " 10. No professor shall be a member of either the Board of Directors or the Board of Trustees, and the acceptance of a professorship by any member of either of the Boards named shall be regarded as ipso facto the resignation of his seat therein." Seventh Article. In the second section strike out all after the word "begin" in the fourth line, and insert in place thereof the following: " On the first Thursday in September, and terminate on the last Thurs- day in April, with a short recess at the discretion of the Faculty about Christmas."— 1873, pp. 592, 594. Action on the Report. Reports have been received from the directors and trustees of this insti- tution. The directoi's report that, the difificulties in the way of their adop- tion of the plan of control recommended by the Assembly being removed, they have approved and adopted said plan, subject to the approval of the Assembly. The necessary changes in the present plan of the seminary are presented, and after close and careful scrutiny of them the Committee recommend to the Assembly that they be appi'oved, and that the guardian- ship and control of the Danville theological seminary be remitted to the Board of Directors as soon as the existing vacancies shall have been filled, the Assembly being still considered as the patron of the seminary and the fountain of its powers, and retaining a veto power in the election of its directors and professors, and over all the acts of the directors in financial afiairs.— 1873, pp. 530, 531. VII. NORTH-WESTERN THEOLOGICAL SEMINARY. a. 3. The Board of Directors of the North-western theological sem- inary report, ... " In regard to the relations of the seminary to the General Assembly, the Board, finding that there are legal points involved in this question which require careful investigation, referred the whole matter to a Committee, with instructions to report to the directors at their next annual meeting in April, 1872." — 1871, p. 580. b. The following Plan of the Seminary was approved by the Assembly. —1872, p. 62. In regard to the relation of the seminary to the General Assembly, the Board have carefully considered the same ; and with entire unanimity, and with the consent and approval of Mr. McCormick, have adopted a report and resolutions, not only approving of the principles of the request and suggestion of the Assembly, but embodying the necessary amendments to the constitution in form, and requesting the Assembly to adopt them. The resolutions and amendments are as follows, viz. : The Committee on the relations of the seminary to the General Assem- bly presented their report, thirugh the Hon. Samuel M. Moore, as fol- lows : 50 394 FORM OF GOVERNMENT. Your Committee, to whom was referred the propriety of suggesting such amendments and changes of the constitution of our seminary as may bring the same in harmony with the expressed views of the General Assembly of the Presbyterian Church in the United States of America, would re- port that they have considered the matter, and that they find no objections thereto. They understand that the generous and Christian-spirited donor of the only portion of our property and funds that is held subject to the continuance of the relations of the seminary to the General Assembly con- sents that the management and control may be transferred to the Board of Directors, the Assembly reserving the right to disapprove and forbid in certain matters. We believe the change will redound to the benefit and efficiency of the seminary. Therefore, your Committee recommend the adoption of the following resolutions by this Board, to wit : Resolved, That this Board respectfully request the General Assembly of the Presbyterian Church in the United States of America to consider and adopt the following amendments and changes of the constitution of the Presbyterian theological seminary of the North-west, viz. : 1st. The second, tenth and eleventh articles .of said constitution are hereby stricken out. 2d. Sections one, two, three, thirteen and fourteen of the third article are hereby stricken out ; and in lieu of said sections one, two and three, the following are substituted and adopted, to wit : Sec. 1. The Board of Directors shall consist of twenty ministers and twenty ruling elders, of whom one-fourth, or five ministers and five elders, shall be chosen by said Board annually, to continue in office four years and until their successors are elected and qualified. And the Board shall also have power to receive resignations and declinatures, and to fill all vacancies which may occur in its body. All of these elections, however, shall be subject to the veto of the General Assembly, to which they shall be I'eported at its next meeting. Sec. 2. The Board of Directors shall have power to elect and duly in- duct and inaugurate into office the professors of the seminary, and to re- ceive their resignations ; also to remove them from office, such elections and removals to be subject to the veto of the General Assembly. The Board shall also have })ower to suspend, temporarily, a professor, prelim- inary to and pending an investigation of charges against his conduct or doctrine. Sec. 3. The Board of Directors shall have the superintendence and control of the seminary and its funds and property. 3d. Articles three, four, five, six, seven, eight and nine are hereby so changed as to be known and designated as articles two, three, four, five, six, seven and eight respectively. 4th. The following is substituted for sub-section three of section twelve, in article three : 3. To make annually to the General Assembly, in writing, a full and faithful report of the whole state of the seminary, and of the transactions of the Board, and also to submit their records, when required, for the inspection of the Asseml)Iy. 5th. The following is adopted and designated as Article Nine. This constitution may be altered or amended by a vote of three-fourths of the directors present and voting at a regular annual meeting of the OF LICENSING CANDIDATES. 395 Board, such alterations or amendments to take effect and be in force only when the same shall be approved by the General Assembly. Resolved, That directors heretofore appointed whose terms of service have not expired shall serve until the end thereof and until their succes- sors are elected and qualified. And directors appointed by the present General Assembly shall serve as if elected and appointed by the Board of Directors. All of which is respectfully submitted. (Signed) R. W. Patterson, S. M. Moore, H. G. Miller. This report was accepted, considered and adopted. Respectfully submitted by order of the Board of Directors. S. M. Moore, Chairman Executive Committee. —1872, pp. 124-126. VIII. GERMAN THe'oLOGICAL SCHOOL, NEWARK, N. J. The Board of Directors of the German theological school, Newark, N. J., report that the requirements of the Assembly were met by the pro- curement of a charter, in which the following provisions were inserted: " The first Board of Directors of said corporation shall be divided into three classes, to be numbered one, two and three ; the term of the first shall expire in one, the second in two and the third in three years from the first day of May last." ..." Each class of directors shall hereafter be chosen for and hold their office during three years, and until a new election to supply the place of such class." The election of three di- rectors to fill vacancies " at the stated spring meeting shall be subject to review at the next General Assembly ; . . . and in case the said General Assembly shall disapprove of such election, the office of the director or directors disapproved of shall thereupon become vacant." The provisions with respect to the relations of the regularly appointed professors the Board propose to incorporate in the constitution of the school. — 1871, p. 580. IX. GERMAN JHEOLOGICAL SCHOOL OF THE NORTH-WEST. The constitution of the German theological seminary of the North- west, at Dubuque, Iowa, prescribes that ... "it shall be hereafter the duty of the Board itself to fill the vacancies occurring in their number, whether by expiration of term of oflfice, by resignation, death or other- wise. Said election, however, shall only be deemed valid, and those elected enter upon their office, after approval by the General Assembly." Also, " The Board of Directors . . . shall establish the professorships and appoint the professors and instructors, . . . and always subject to the approval and control of the General Assembly." — 1871, p. 580. X. LINCOLN UNIVERSITY, THEOLOGICAL DEPARTMENT. Lincoln University. — Since the last meeting of the General Assembly the charter of Lincoln university has been so amended, by special act of the Legislature of Pennsylvania, as to place the theological department of that institution under the care of the General Assembly, in accordance with the general plan adopted for the supervision of theological sem- inaries. Resolved, That the General Assembly accept the oversight of the the- 396 FORM OF GOVERNMENT. ological department of Lincoln university, as provided in the amended charter of that institution, and approve the appointments and proceed- ings of the Board of Trustees as reported at this time. — 1871, p. 581. XI. SAN FRANCISCO SEMINARY. The Synod of the Pacific resolved upon the immediate organization of this seminai'y at its session in Oakland, Cal., in 1871. San Francisco was selected as a suitable location. Fifteen j^ersons were elected direct- ors, viz. : Ministers — Rev. William A. Scott, D. D., Thomas M. Cunningham, D. D., William W. Brier, Aaron L. Lindsley, D. D., Daniel W. Poor, D. D., Sylvester Woodbridge, D. D., Albert F. White, LL.D., William Alexander, and Edward B. Walsworth, D. D. Elders — Hon. H. P. Coon, S. Franklin, C. W. Armes, A. Hemme, S. I. C. SAveezey, and R. J. Trumbull. This Board was organized November 7th, 1871, the Rev. William A- Scott, D. D., being appointed president. The directors were divided into three classes by lot. The following were elected as a provisional faculty : Rev. William A. Scott, D. D., Professor of Mental Science, Moral Philosophy and Theology. Rev. George Burrowes, D. D., Professor of Hebrew and Old Testament Literature. Rev. Daniel W. Poor, D. D., Professor of Biblical and Ecclesiastical History. Rev. William Alexander, Professor of Biblical Greek and New Testa- ment Literature. The plan of the seminary is entirely in conformity with the pattern of the older and approved institutions of the Church. The directors ask to be received under the care of the Assembly, and in all matters to re- ceive its sanction, in accordance with the action of the Assembly of 1870, as recorded on page 63 of the printed Minutes. Four students have been in attendance upon the instruction of the professors this the first year. Your Committee recommend, 1. The approval of the action of the Synod of the' Pacific coast in the organization of the seminary at San Francisco. 2. The confirmation of the appointment of the Board of Directors. 3. The acceptance of the seminary, as so organized, under the care and supervision of the Assembly. — 1872, p. 64, XII. BLACKBURN UNIVERSITY. The trustees of Blackburn university, at their annual meeting, held in June, 1871, adopted the plan recommended by the Assembly of 1870, by incorporating into tlie constitution of the university the following- section : " Whenever hereafter any person shall be elected by the trus- tees to fill any professorship in the theological department of the university, the trustees shall report their election to the uex-t General Assembly of the Presbyterian Church in the United States ; and if the General Assembly at that meeting sliall, by formal vote, refuse to approve of such election, then the person elected by the trustees shall cease to be a professor." Tlie following additional facts respecting Blackburn university will be of interest to this Assembly : OF LICENSING CANDIDATES. 397 The institution was founded by Rev. Gideon Blackburn, D. D., who, in the year 1838, conveyed to a Board of Trustees several thousand acres of land, for the purpose of founding " an institution of learning, the object of which shall be to promote the general interests of education, and_ to qualify young men for the ofhce of the gospel ministry." The institution was located at Carlinville, 111. The trustees were incorporated in the year 1857 by the Legislature of Illinois, with the name of " The Blackburn Theological Seminary," and at about the same time an academic department was established. lu A. D. 1867, the institution was organized as a university, and the follow- ing year its corporate name was changed by the Legislature to that of " Blackburn University." The Board consists of thirteen members, who must be residents of the State of Illinois. At least nine of this number must " be chosen from among persons who are regular members of the Presbyterian Church ; and if any trustee thus chosen shall, at any time, cease to be a regular member of the Presbyterian Church, he shall, ipso facto, cease to be a trustee." Every professor appointed in the theological department, also every professor in the collegiate department, whose professorship shall include mental or moral science or metaphysics, and also the president of the university, are required, before they can enter upon the duties of their office, to subscribe their names to the following declaration : " I do hereby avow my sincere belief in the Bible as the word of God, and in the system of doctrines contained in the Westminster Confession of Faith as the system which accords with the word of God ; and I do sol- emnly pledge myself, in all my duties as an instructor and officer in Blackburn university, never knowingly to teach anything in conflict with such system of doctrines." Every other professor or instructor in any department is required also to affirm his "belief in the Bible as the word of God." Thus every department of instruction is secured from all danger from infidel teachings. In view of these facts, your Committee gladly commend the Blackburn university to the Presbyterian Church, and recommend that it be recog- nized and reported as one of the institutions in connection with the Gen- ei'al Assembly. Adopted. — 1872, p. 65. 7. Limitations of the Time within which the Assembly may exer- cise its Veto in the Election of a Professor. That the Assembly declare that the true meaning of the act subjecting the election of a professor to the veto of the Assembly is that such elec- tion be reported to the next General Assembly thereafter; and if not vetoed by that Assembly, the election shall be regarded as complete, ac- cording to the plan ratified by the Assembly of 1870 ; see Minutes, pp. 64, 65, 148.— 1871, p. 581. IV. Because it is highly reproachful to religion and dangerous to the Church to entrust the holy ministry to weak and ignoi-ant men, the Presbytery shall try each candidate as to his knowledge of the Latin language and the original languages in which the holy Scrip- tures were written. They shall also examine him on the arts and sciences, on theology, natural and revealed, and on ecclesiastical his- tory, the sacraments and church government. And in order to make 398 FORM OF GOVERNMENT. trial of his talents to explain and vindicate, and practically to enforce the doctrines of the gospel, the Presbytery shall require of him-— 1. A Latin exegesis on some common head in divinity. 2. A critical exercise, in which the candidate shall give a specimen of his taste and judgment in sacred criticism, presenting an explica- tion of tiie original text, stating its connection, illustrating its force and beauties, removing its difficulties and solving any important questions which it may present. 3. A lecture or exposition of several verses of Scripture; and, 4. A popular sermon. [On the waiving a liberal education in certain cases, see above, III., 3, a, 6.] V. These, or other similar exercises, at the discretion of the Pres- bytery, shall be exhibited until they shall have obtained satisfaction as to the candidate's piety, literature and aptness to teach in the churches. The lecture and popular sermon, if the Presbytery think proper, may be delivered in tiie presence of a congregation. That the Presbyteries be required to see that the candidates for licen- sure be well versed in the Catechisms and well furnished with Scripture proof texts. Adopted.— 1868, p. 654, O. S. VI. That the most eifectual measures may be taken to guard against the admission of insufficient men into the sacred office, it is recommended that no candidate, except in extraordinary cases, be licensed unless, after his having completed the usual course of aca- demical studies, he shall have studied divinity at least two years under some approved divine or professor of theology. 1. Effort to Extend the Time of Study to Three Years. a. On motion, Resolved, That it be recommended to the several Presby- teries of this Church to consider whether it would be proper to extend the time necessary for young men to apply to the study of divinity before they be taken on trials to three years at least, and to send up a report of their opinion to the next General Assembly. — 1792, p. 60. [No action of Presbyteries is reported.] Ii^de of a Loivcr Judicature TJnconstitxdlonal. h. The records (of the Synod of New York and New Jersey) were ap- proved, except a vote of that Synod by which they determine it to be constitutional for that Synod to enact, " That, in future, candidates who ^ have the gospel ministry in view be required to attend to the study of divinity at least three years before licensure," whicli vote was determined by the Assembly to be unconstitutional. — 1792, p. 59. c. Overture Sent Down, bid not Adopted. Overture No. 6 was taken up, viz. : Requests from several Presbyteries that the sixth section of chapter xiv. of our Form of Government might OF LICENSING CANDIDATES. 399 be sent down to the Presbyteries to be so altered as to read " to study theology at least three years, etc." The overtures were read, and it w^as resolved that the proposed alteration be sent down as an overture to the Presbyteries, and that the Pi-esbyteries be required to send up their answer to this overture in writing to the next General Assembly. — 1835, p. 475. [To this overture, in 183(3, thirty-five answered in the affirmative and tiveuty hi the negative. Not a majority. The overture was again referred to the Presbyteries, and in 1837 fifty-hvo Presbyteries reported in favor and thirty-eight against. Still not a majority, and the matter was dropped. — 1836, p. 276; 1837, p. 438.] 2. Full Term of Three Years Urg-ently Recommended. a. Resolved, That this Assembly entirely concur in the opinion expressed in the report of the Board of Directors of the theological seminary at Princeton, that it is highly important that theological students continue the full time of three years in the seminary, and complete the whole course of studies prescribed in the plan. — 1834, p. 437. b. Resolved, 1. That this Assembly do approve of the resolution passed by the Board of Directors at their late meeting, with a view of securing the attendance of students during a full course of theological instruction in our seminary. Resolved, 2. That the Assembly notice with regret the prevalence of what they deem a serious evil, not only to the seminary, but to the Church at large, in the number of students who annually leave the institution before the prescribed course of studies is completed. And they do earn- estly recommend to the students, if practicable, to continue the full time prescribed in the plan. — 1826, p. 179. c. Resolved, That in the opinion of this house it is in general highly inexpedient for candidates for the ministry to apply for licensure at such a period of their course of study as would prevent them from finishing the three vears' plan of studies adopted and approved by former Assem- blies.—1843, p. 187, O. S. 3. A Pledge to a Three Years' Course not Unconstitutional. Resolved, That the General Assembly are deeply impressed with the im- portance of a thorough course of theological study, and would earnestly recommend to their Presbyteries to elevate the standard of education, and that the rule of the Board of Education does not conflict with the Con- stitution when it prescribes the time of study, inasmuch as the Constitu- tion makes two years the shortest time allowed to complete the course of theological study, but does not 2:)rescribe the maximum. — 1844, p. 375, O. S. VI r. If the Presbytery be satisfied with his trials, they shall then proceed to license him in the following manner: The moderator shall' propose to him the following questions, viz.: 1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, and only infallible rule of faith and practice? 2. Do you sincerely receive and adopt the Confession of Faith of this Church as containing the system of doctrine taught in the holy Scriptures ? 3. Do you promise to study the peace, unity and jjurity of the Church? 400 FORM OF GOVERNMENT. 4. Do you promise to submit yourself in the Lord to the govern- ment of this Presbytery, or of any other Presbytery in the bounds of which you may be called ? VIII. The candidate having answered these questions in the af- firmative, and the moderator having offered up a prayer suitable to the occasion, he shall address himself to the candidate to the follow- ing purpose : " In the name of the Lord Jesus Christ, and by that authority which he hath given to the Church for its edification, we do license you to preach the gos])el wherever God in his providence may call you, and for this purpose may the blessing of God rest upon you and the Spirit of Christ fill your heart ! Amen." And record shall be made of the licensure in the following or like form, viz. : At the day of the Presby- tery of having received testimonials in favor of of his having gone through a regular course of literature, of his good moral character, and of his being in the communion of the Church, proceeded to take the usual parts of trial for his licensure; and he having given satisfaction as to his accomplishments in litera- ture, as to his experimental acquaintance Avith religion, and as to his proficiency in divinity and other studies, the Presbytery did, and hereby do, express their approbation of all these parts of trial ; and he having adopted the Confession of Faith of this Church, and satisfactorily answered the questions appointed to be put to candidates to be licensed, the Presbytery did, and hereby do, license him, the said , to preach the gospel of Christ as a probationer for the holy ministry within the bounds of this Presbytery or wherever else he shall be orderly called. Is it right for a clerk of Presbytery, in recording the licensure of a can- didate, to use any other form than that prescribed in the book ? Answered in the affirmative. See above: "And record shall be made of the licensure in the following or /ike form." — 1866, p. 54, O. S. IX. When any candidate for licensure shall have occasion, while his trials are going on, to remove from the bounds of his own Pres- bytery into those of another, it shall be considered as regular for the latter Presbytery, on his producing proper testimonials from the former, to take up his trials at the point at which they were left and conduct them to a conclusion in the same manner as if they had been commenced by themselves. X. In like manner, when any candidate, after licensure, shall, by the permission of his Presbytery, remove without its limits, an extract of the record of his licensure, accompanied with a presbyterial recom- mendation, signed by the clerk, shall be his testimonials to the Pres- bytery under whose care he sliall come. OF LICENSING CANDIDATES. . 401 XI. When a licentiate shall have been preaching for a considerable time and his services do not appear to be edifying to the churches, the Presbytery may, if they think proper, recall his license. 1. Liraitation of the Time to ■which a License shall Extend to Four Years. Overture No. 19, from the Synod of Philadelphia, asking the Assembly to define more explicitly the relations of Presbyteries to their licentiates. Also No. 20, from the Presbytery of Philadelphia, North, and No. 21, from the Presbytery of Northumberland, on the same subject. The Committee recommend the Assembly to adopt the following rules: 1. Every license to preach the gospel shall expire at the end of the period of four years, unless the candidate holding the same shall, before the expiration of that time, be called to permanent labor in the work of the Church. But the Presbytery under whose care such licentiate may be may, in its discretion, extend his license for the period of one year. 2. The Presbyteries are enjoined to take the oversight of their licen- tiates and their vacant churches, bringing in the one for the supply of the other, and, through the Home Missionary Committees of the Synods to which the Presbyteries belong, to seek to introduce their candidates to the widest fields of labor, and to furnish them full opportunity of practically showing their fitness for the Christian ministry. Adopted.— 1872, p. 87. 2. The above Rule does not Abridge the Power of the Presby- teries to License in Extraordinary Cases. The Standing Committee on the Polity of the Church leported — 1. A memorial from the Presbytery of Columbus, asking this General Assembly to define the action of the last General Assembly "in limiting the term of licensure (min., p. 87) as not referring to the cases of laymen who are licensed with a view of their higher usefulness, and not with a view to ordination." The Committee recommend this minute as an answer, viz.: The Gene- ral Assembly cannot sanction the practice of licensure as a means to attain a higher measure of usefulness merely, without aiming to reach ordination, as this would be virtutdly to make two grades of preaching officers. But the rules adopted by the last Assembly, to which the memorial refers, should not be construed as abridging the power and discretion of the Presbyteries to license probationers " in extraordinary cases." Form of Government, xiv., vi. Adopted.— 1873, p. 524. 3. Licentiates Belong to the Laity, and are Subject to the Session. a. The Committee to whom was recommitted Overture No. 1, viz. : The question at what period of their preparatory course are candidates for the Christian ministry to be considered as dismissed from the jurisdiction of the session and transferred to the Presbytery? made a report, which, being read and amended, was adopted, and is as follows, viz. : Whereas, It appears necessary, in order to preserve the purity of the Church, and uniformity of procedure in the judicatories under the care of the General Assembly, that the manner of administering discipline to candidates and licentiates for the gospel ministry, should be distinctly sjie- cified ; therefore, 51 402 FORM OF GOVERNMENT. Resolved, 1. Thcat as the word of God and the Constitution of the Pres- byterian Church recognize the distinction of laity and clergy, and a sys- tem of procedure in discipline in some respects diverse, as the one or the other of these orders of men is concerned, it becomes the judicatories ol the Church to guard against the violation of this principle in the admin- istration of discipline. 2. That although candidates and licentiates are in training for the gos- pel ministry, and in consequence of this are placed under the care of Presbyteries, and in certain respects become immediately responsible te them, yet they are to be regarded as belonging to the order of the laity till they receive ordination to the whole work of the gospel ministry. 3. That it follows, from the last resolution, that when candidates "for the gospel ministry are discovered to be unfit to be proceeded with in trials for the sacred office, it shall be the duty of the Presbytery to arrest their progress, and if further discipline be necessary, to remit them for that pur- pose to the sessions of the churches to which they properly belong, and that when licentiates are found unworthy to be permitted further to preach the gospel, it shall be the duty of the Presbytery to deprive them of their license, and if further discipline be necessary, to remit them for that pur- pose to the sessions of the churches to which they properly belong. 4. That in order to ensure the proper effect of discipline in the perform- ance of the duties which severally belong to sessions and Presbyteries, it will be incumbent on church sessions, when they shall see cause to com- mence process against candidates or licentiates, before Presbytery has arrested the trials of the one or taken away the licensure of the other, to give immediate notice to the moderator ot^ the Presbytery to which the candidates or licentiates are amenable that such process has been com- menced, to the intent that the impropriety may be prevented of an indi- vidual proceeding on trials or continuing to preach, after committing an offence that ought to arrest him in his progress to an investiture with the sacred office ; and when Pres])yterie5 shall enter upon an investigation, Avith the view of stopping the trials of a candidate or taking away the license of a licentiate, the session to which such candidates or licentiates are amenable shall be immediately informed of what the Presbytery is doing, that the session may if requisite commence process and inflict the discipline which it is their province to administer.— 1829, pp. 2Go, 2G4. h. But may Solemnise Marriage if Authorized by Law. JResolved, That while our Form of Government does not recognize licen- tiates as ministers of the gospel, yet this Assembly do not consider them as violating any rules of the Church by solemnizing marriages in those States where the civil laws expressly authorize them to do it. — 1844, p. 377. OF ELECTION AND ORDINATION. 403 CHAPTER XV. OF THE ELECTION AND ORDINATION OF BISHOPS OR PASTORS AND EVANGELISTS. T. When any probationer shall have preached so much to the sat- isfaction of any congregation as that the people appear prepared to elect a pastor, the session shall take measures to convene them for this purpose; and it shall always be the duty of the session to con- vene them, when a majority of the persons entitled to vote in the case shall, by a petition, request that a meeting may be called. 1. Steps to be taken by a Vacant Congreg-ation looking- to the Election of a Pastor. The business left unfinished in the morning was resumed, and after a full discussion of the subject, the motion to sustain the appeal of the ses- sion of the Third Presbyterian Church in this city from the decision of the Synod of Philadelphia, affirmiug a decision of the Presbytery of Philadel- phia, by which the Presbytery directed the said session, within twenty days from the date of their decision, or after the final determination of the case, to conveue the congregation for the purpose of electing a pastor, Avas determined in the affirmative ; and Dr. Green, Dr. Neill and Mr. Richards were appointed a Committee to prepare a minute stating the principles on which the Assembly sustained the appeal. The Committee appointed to prepare a statement of the principles and grounds upon which tlie Assembly sustained the appeal of the session of the Third Presbyterian Church in this city reported, and their report, being read and amended, was adopted in the words following, viz. : That both to prevent misapprehension and to aid the congregations and judicatures of this Church in deciding on any similar cases that may arise, the Assembly therefore declare, I. That in vacant congregations which are fully organized the session of each congregation are to determine, under their responsibility to the higher judicatures, when the congregation are prepared to elect a pastor, as directed in the Form of Government of this Church, chap, xv., sec. i. II. That it is the duty of the session, when a congregation is vacant, to use their best endeavors to promote the settlement of a pastor in the same, in the speediest manner possible, consistently with the peace, order and edification of the congregation ; and it is the privilege of the people, or of any portion of them, to complain to the Presbytery when they think that the session, after being suitably requested, neglect or refuse to con- vene the congregation to elect a pastor. III. That it belongs to the Presbyteries to take cognizance of the pro- ceedings of sessions and congregations in the important concern of settling pastors, and to adopt the most effectual measures on the one hand to pre- vent all undue delay by the session or the people, and ou the other to pre- vent all precipitancy in the settlement of any minister or the adoption of any system of proceedings in the congregation inconsistent with the real and permanent edification of the people. IV. That by the due and discreet observance of these principles by all 404 FORM OF GOVERXMENT. concerned it will be found that, so far from the session of a congregation having it in their power to deprive a majority of a congregation of their right to make an election of a pastor when sought in an orderly and Chris- tian manner, or to keep a congregation unsettled for an indefinite length of time, the rights of the people will be most effectually secured, and their precious and inalienable privilege of choosing their own pastor will be exercised by them in the shortest period which their own real benefit will permit. V. That the conviction of this Assembly that the foregoing obvious and constitutional principles had not been duly adhered to in the case be- fore them, that the congregation had not proceeded with a suitable respect to the session, and that the Presbytery did not adopt the most suitable measure when they advised and directed the session to convene the con- gregation in twenty days, has led the Assembly to sustain this apj^eal as the measure most constitutional, best calculated on the whole to do justice to all the parties concerned, and to point the w^ay to the most speedy set- tlement of the unhappy differences and disorders which have so long ex- isted in the particular congregation immediately concerned. — 1814, pp. 559, 560. II. When such a meeting is intended, the session shall solicit the presence and counsel of some neighboring minister to assist them in conducting the election contemplated, unless highly inconvenient on account of distance ; in which case they may proceed without such assistance. [For answer to the question who may moderate a session, see under Form of Government, chap, ix., sec. iv., 2, a, h, c] III. On a Lord's day, immediately after public worship, it shall be intimated from the pulpit that all the members of that congregation are requested to meet on ensuing, at the church or usual place for holding public worship; then and there, if it be agree- able to them, to proceed to the election of a pastor for that congre- gation. IV. On the day appointed, the minister invited to preside, if he be present, shall, if it be deemed expedient, preach a sermon ; and after sermon he shall announce to the people that he will immediately proceed to take the votes of the electors of that congregation for a pastor, if such be their desire, and when this desire shall be expressed by a majority of voices, he shall then proceed to take votes accord- ingly. In this election no person shall be entitled to vote who re- fuses to submit to the censures of the Church regularly administered, or who does not contribute his just proportion according to his own engagements or the rules of that congregation to all its necessary ex- penses. a. Who may Vote in the Election of a Pastor. Agreed that none shall be allowed to vote for the calling of a minister but those that shall contribute for the maintenance of him, and that the major vote of these shall be determinative. — 1711, p. 24. OF ELECTION AND ORDINATION. 405 [As adopted by the Synod in 1788, the margin for the direction of the presiding minister read, " The minister shall receive the votes of none but regular members, and who punctually pay toward the support of the Church." This was stricken out in the revision of 1820.] b. Right of Voting not limited to Commimicants unless expressly so Declared. [In sustaining a complaint of R. J. Breckenridge, D. D., et al., " against the Synod of Kentucky in its action limiting the right of voting in the election of a pastor to communicating members of the Church," the As- sembly— ] Resolved, That the complaint be sustained ; but the Assembly in this judgment does not intend to condemn a practice prevalent in some of our congregations in which the right of voting fur pastor is confined to com- municants.— 1863, p. 71, 0. S. c. Overture Confining the Vote to Communicants not Adopted. Overture No. 3, being an overture from the Presbytery of Saline, " in favor of the enactment of a law requiring that in the election of pastors, none be permitted to vote except communicants in good and regular stand- ing ;" also, " that when any candidate is before a church, the church shall determine whether he shall be called to the pastorate before any other candidate shall be heard." The Committee recommend for answer: That, in regard to the first point, the enactment of such a law would prohibit a usage quite extensive among the churches, founded upon an interpretation of the present law which has heretofore been sanctioned by the General Assembly. It is, therefore, deemed inexpedient upon the application of a single Presbytery to recommend such alteration in the Form of Government. In regard to the second point it need only be said that the authority asked for is now possessed by each congregation, and may be exercised or not at its plea- sure ; while to make such exercise binding by positive law would deprive, all congregations of a present liberty the use of which seems wisely left to their discretion. The report was adopted.— 1867, p. 320, 0. S. V. When the votes are taken, if it appear that a large minority of the j)eopIe are averse from the candidate who has a majority of votes, and cannot be induced to concur in the call, the presiding minister shall endeavor to dissuade the congregation from prosecuting it fur- ther. But if the people be nearly or entirely unanimous, or if the majority shall insist upon their right to call a pastor, the presiding minister, in that case, after using his utmost endeavors to persuade the congregation to unanimity, shall proceed to draw a call in due form, and to have it subscribed by the electors, certifying at the same time in writing the number and circumstances of those who do not concur in the call ; all which jiroceedings shall be laid before the Presbytery, together with the call. VI. The call shall be in the following, or like form, namely: The congregation of being, on sufficient grounds, well satisfied of the ministerial qualifications of you and 406 FORM OF GOVERNMENT. having good hopes from our past experience of youi labors that your ministrations in the gospel will be profitable to our spiritual interests, do earnestly call and desire you to undertake the pastoral othce in said congregation ; promising you, in the discharge of your duty, all proper support, encouragement and obedience in the Lord. And that you may be free from worldly cares and avocations, we hereby prom- ise and oblige ourselves to pay to you the sum of in reg- ular quarterly (or half yearly or yearly) payments during the time of your being and continuing the regular pastor of this church. In tes- timony whereof we have respectively submitted our names this day of A. D. Attested by A. C, moderator of the meeting. 1. Early Action. — Glebe and Parsonage Recommended. a. That in every congregation a Committee be appointed, who shall twice in every year collect the minister's stipend and lay his receipts before the Presbytery preceding the Synod, and at the same time that ministers give an account of their diligence in visiting and catechising their people. The Synod recommends that a glebe, with a convenient house and ne- cessary improvements, be provided for every minister. — 1766, p. 359. b. As it appears the interest of religion is in danger of suffering greatly at present from the many discouragements under which the ministers of the gospel labor from the want of a sufficient support and liberal mainte- nance from the congregations they serve, the Synod appoint a Committee to take this matter into consideration and report thereon to the next Synod. Ordered, That Drs. Witherspoon, Ewing and Spencer be a Committee for this purpose. — 1782, p. 495. Said Committee bi'ought in their report, which was read and consid- ered ; whereupon. Ordered, That Drs. "Witherspoon and Spencer, with Mr. S. Smith, be a Committee to prepare a draught of a pastoral letter to the congregation under the inspection of Synod, as also to prepare some resolves to be passed by Synod and accompany said letter, the whole to be brought in to-morrow morning. — 1783, p. 499. [The letter was brought in, amended and ordered to be published.] 2. Adequate Provision to be Urged. a. [The Assembly enjoins it upon all the Presbyteries] "that they will endeavor, as far as the state of society in diflereut parts of our Church will permit, to withdraw the ministers of the gospel from every worldly avocation for the maintenance of themselves and families, that they may devote themselves entirely to the work of the ministry ; and that for this end they labor to convince the people of the advantage that will accrue to themselves from making such adequate provision for the support of their teachers and pastors, that they may be employed wholly in their sacred calling ; and in those places where it may be found prudent and practicable, that they devise means to have the contracts between congre- gations and pastors examined in the Presbyteries at stated periods, in- quiries instituted with regard to the reciprocal fulfillment of duties and OF ELECTION AND OEDINATIOX. 407 engagements, and endeavors used to promote punctuality and fidelity in both parties, before distress on one side or complaint on the other grow to a height unfavorable to the interests of religion. — 1799, p. 181. b. With pain we have heard that in some parts of our Church the dis- position to support the gospel ministry is becoming cold. We lament this appearance the more because we learn that there is no backwardness to advance money for objects which, though laudable in themselves, are sub- ordinate in importance to the preaching of the word. We trust that our people possess too much good sense and too much respect for the God who made and redeemed them to listen to the dreams of men who neither know what they say nor whereof they affirm. These do not hesitate to libel an ordinance of the living God to promote their selfish views, their degrading prejudices. God hath said, "Whosoever serveth at the altar shall live of the altar." But these say. No ; the min- istiy must be kept in want that they may be kept humble. We fervently wish that the men who thus act toward the ministry would, to be consistent, apply their reasoning to themselves. We do not hesitate to say that the profession of religion which is connected with the disposition to abridge the means of sup}iorting the gospel is at best suspi- cious. Men who do so practically say, We love our bodies more than our souls — our temporal substance more than our eternal inheritance. It is among the foulest blots of the Christian name that in so many instances the confession is made of the heart being opened to receive the truth in the love of it, whilst at the same time great reluctance is displayed in giving worldly substance for the service of Him who alone changes the heart. One of the best evidences of the power of religion is an increase of lib- erality in relation to all those objects which regard the salvation of souls and the liberality of Zion. We hope that they Avho have in this respect goiTe back will, without delay, retrace their steps and redeem their name from reproach or suspicion. — 1811, p. 485. 3. Liberality in Support of the Ministry Urged. a. The following preamble and resolution, proposed by Elder Walter S. Griffith, was unanimously adopted : Whereas, It is highly important to our churches that they be served by competent ministers, who shall be free from worldly cares and avocations; whereas, the law of Christ expressly declares "that they which preach the gospel should live of the gospel," and that he " that is taught in the word " should "communicate unto him that teacheth in all good things," thus making it the solemn duty, as it is clearly the interest, of Christian churches to provide for their ministers a competent and liberal support ; whereas, the cost of the necessities of life has advanced so greatly as to render the salaries heretofore paid to many of our ministers entirely inadequate, causing to them and to their families great anxiety and distress ; and whereas, this subject demands at this time, and should not foil to attract, the special attention of every Christian ; therefore, Resolved, That the General Assembly earnestly exhort all the churches under their care to consider this question in the spirit of Christian fidelity and liberality, and to make ample provision for those who minister to them in word and doctrine, stipulating so to increase their compensa- tion, when necessary, as to make their salaries fully adequate to their comfortable support, in view of the enhanced expenses of living, and pay- ing the amount agreed upon with honorable and Christian promptitude. — 1854, p. 499, N. S. 408 FORM OF GOVERNMENT. h. [A memorial from the Synod of Xew York on the subject of minis- terial support was referred to a Committee exclusively of elders, one from each Synod.] Judge Fine, from the Special Committee on Ministerial Support, pre- sented a report, which was read, amended and adopted, the resolutions being as foUows, viz. : 1. Resolved, That we affectionately and earnestly recommend to the churches under our care that they scrupulously avoid holding out any inducements to a minister to become their stated supply, or settled pastor, which will not be realized. 2. liesolved, That we earnestly recommend to every Presbytery that, unless suitable provision be made for the support of a minister or stated _ supply, they decline to give their aid or sanction, as a Presbytery, to settle him in any congregation which is able to fui'uish such suitable provision. 3. Resolved, That we recommend to the elders and deacons and trus- tees of our churches and congregations to meet together on some day be- fore the first of November next, and yearly thereafter, or oftener if neces- sary, and institute the inquiry whether the minister or stated supply is properly and fully supported, and if they find that he is not so supported, to take immediate measures to increase his support, and report to their Presbytery at its next meeting. 4. Resolved, That we recommend to the Presbyteries to require of every minister to preach on the subject of ministerial support — "that, laying aside all false delicacy, they enlighten their people upon this as upon any other branch of Christian duty, pleading not for themselves, but for their Master, if happily they may reclaim their respective charges from a griev- ous sin which must bring down God's displeasure" — and that the Presby- teries call upon every minister to answer whether he has complied with their injunction. — 1854, p. 40, O. S. [For the report accompanying the resolutions and ordered to be pub- lished and read in the churches, see Baird's Collection, Revised Edition, pp. 199-203.] 4. Presbytery may Refuse to Install -when the Salary is Insuffi- cient. From the church of Paris, Illinois: "When a congregation and minis- ter agree on the amount of salary to be paid and received, and both par- ties, being fnlly satisfied, request that the pastoral relation be constituted according to the order of the Presbyterian Church, has Presbytery the right to refuse to install because, in their judgment, the salary is insuffi- cient?" Answered in the affirmative. — 1855, pp. 272-282, O. S. 5. Congregations Urged to Prociire Parsonages. a. For the purpose of facilitating the settlement and support of pastors and to guard more effectually against the temptation, or almost necessity, as in some cases seems to exist, for ministers to involve themselves, to the injury of their usefulness, in procuring accommodations for themselves and families, 1. Resolved, That it be earnestly recommended to our churches, whoi-evcr it is expedient and practicable, to provide suitable parsonages for the ac- commodation of their pastors. 2. Resolved, That great care be taken to have these parsonages so guarded by legal arrangements as most effectually to prevent controversy and secure their perpetual enjoyment by the churches providing them for OF ELECTION AND ORDINATION. 409 the continued support of the gospel through coining generations. — 1843, p. 193, O. S. b. Resolved, 2. That the Presbyteries be instructed to appoint Standing Committees on Manses, so that the subject may be brought regularly and statedly before them for consideration, and that information may be dis- seminated widely among the churches. Resolved, 3. That ministers and elders be requested to press this matter upon the attention of the churches and people, and strive to create and extend a healthy state of mind and feeling on the subject, and stimulate them in the effort to provide manses, and, even in those churches where the way may not be clear to build at once, urge upon them the work of prep- aration by securing suitable lots of ground for building when the proper time may come, and that such provision of ground, whether in town or country, should be on a liberal scale. — 1872, p. 37. VII. But if any congregation shall choose to subscribe their call by their elders and deacons, or by their trustees, or by a select com- mittee, they shall be at liberty to do so. But it shall, in such case, be fully certified to the Presbytery by the minister, or other person who presided, that the persons signing have been appointed for that pur- pose by a public vote of the congregation, and that the call has been in all other respects prepared as above directed. VIII. When a call shall be presented to any minister or candidate, it shall always be viewed as a sufficient petition from the people for his installment. The acceptance of a call by a minister or candidate shall always be considered as a request on his part to be installed at the same time, and when a candidate shall be ordained in consequence of a call from any congregation, the Presbytery shall at the same time, if practicable, install him pastor of that congregation. IX. The call, thus prepared, shall be presented to the Presbytery under whose care the person called shall be; that if the Presbytery think it expedient to present the call to him, it may be accordingly presented, and no minister or candidate shall receive a call but through the hands of the Presbytery. X. If the call be to a licentiate of another Presbytery, in that case the commissioners deputed from the congregation to prosecute the call shall produce to that judicatory a certificate from their own Presby- tery, regularly attested by the moderator and clerk, that the call has been laid before them, and that it is in order. If that Presbytery present the call to their licentiate and he be disposed to accept it, they shall then dismiss him from their jurisdiction and require him to repair to that Presbytery into the bounds of which he is called, and there to submit himself to the usual trials preparatory to ordination. [To facilitate the business and avoid expense and delay, it has become common usage for the candidate to obtain a dismission to the Presbytery 52 410 FOEM OF GOVERNMEXT. within whose bounds is the congregation seeking his services ; being re- ceived by that Presbytery, the proceedings are as in the case of their own candidates. See IX., above, M.] XI. Trials for ordination, especially in a different Presbytery from that in which the candidate was licensed, shall consist of a careful examination as to his acquaintance with experimental religion ; as to his knowledge of philosophy, theology, ecclesiastical history, the Greek and Hebrew languages, and such other branches of learning as to the Presbytery may appear requisite ; and as to his knowledge of the con- stitution, the rules and principles of the government and discipline of the church; together with such written discourse or discourses founded on the word of God as to the Presbytery shall seem proper. The Presbytery, being fully satisfied with his qualifications for the sacred office, shall appoint a day for his ordination, which ought to be, if convenient, in that church of wdiich he is to be the minister. It is also recommended that a fast day be observed in the congregation previous to the day of ordination. I. Ordination on the Sabbath Discouraged, but at the Discretion of the Presbytery. An overture was received from the Presb3-tery of Orange, requesting the opinion of the General Assembly on the question whether it be proper to ordain licentiates to the office of the gospel ministry on the Sabbath day. The General Assembly think it would not be for edification to adopt a uniform rule on the subject. In general they think it is not expedient that ordinations should take place on the Sabbath, yet that there may be cases in which urgent or peculiar circumstances may demand them. The Assembly, therefore, judged it best to leave it to the Presbyteries to act in this concern as they may judge that their duty requires. — 1821, p. 10. [For cjualificatioris of the candidate in knowledge of and assent to the Confession, Catechisms, etc., see under Form of Government, chap, i., II, 12 and 13.] XII. The day appointed for ordination being come, and the Pres- bytery convened, a member of the Presbytery, previously appointed to that duty, shall preach a sermon adapted to the occasion. The same, or another member appointed to preside, shall afterward briefly recite fi'om the pul])it, in the audience of the people, the proceedings of the Presbytery preparatory to this transaction. Ho shall point out the nature and importance of the ordinance, and endeavor to impress the audience with a proper sense of the solemnity of the transaction. Then, addressing himself to the candidate, he shall propose to him the following questions, viz.: 1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, the only infallible rule of faith and jiractice? 2. Do you sincerely receive and adopt the Confession of Faith of OF ELECTION AND ORDINATION. 411 this Church as containing the system of doctrine taught in the Holy Scriptures ? 3. Do you approve of the government and discipline of the Pres- byterian Church in these United States? 4. Do you promise subjection to your brethren in the Lord ? 5. Have you been induced, as far as you know your own heart, to seek the office of the holy ministry from love to God, and a sincere desire to promote his glory in the gospel of his Son ? 6. Do you promise to be zealous and faithful in maintaining the truths of the gospel and the purity and peace of the Church, what- ever persecution or opposition may arise unto you on that account ? 7. Do you engage to be faithful and diligent in the exercise of all private and personal duties which become you as a Christian and a minister of the gospel, as well as in all relative duties and the public duties of your office, endeavoring to adorn the profession of the gos- pel by your conversation, and walking with exemplary piety before the flock over which God shall make you overseer? 8. Are you now willing to take the charge of this congregation, agreeably to your declaration at accepting their call ? And do you promise to discharge the duties of a pastor to them as God shall give you strength ? The Assent Embraces the Larger and. Shorter Catechisms. Overture No. 1, The following inquiry from members of the Presby- tery of Nashville : " Wheu ministers and' other officers are ordained in the Presbyterian Church, and give an affirmative answer to the question, Do you sincerely receive and adopt the Confession of this Church as con- taining the system of doctrines taught in the Holy Scriptures ? are such ministers and officers to be understood as embracing and assenting to the doctrines, principles, precepts and statements contained in the Larger and Shorter Catechisms in the same unqualified sense in which they are under- stood to embrace and assent^ to the doctrines, principles, precepts and statements contained in other parts of the Confession of Faith '?" The Committee recommended that the question be answered in the affirmative ; and the recommendation was adopted. — 1848, p, 18, O. S. XIII. The candidate having answered these questions in the affirm- ative, the presiding minister shall propose to the people the following questions : 1. Do you, the people of this congregation, continue to profess your readiness to receive whom you have called to be your minister? 2. Do you promise to receive the word of truth from his mouth with meekness and love, and to submit to him in the due exercise of discipline ? 412 FORM OF GOVERXMENT. 3. Do you promise to encourage him iu his arduous labor, and tc assist hLs endeavors for your instruction and spiritual edification ? 4. And do you engage to continue to liini, while he is your pastor, that competent worldly maintenance wdiich you have promised, and whatever else you may see needful for the honor of religion and his comfort among you ? XIV. The people having answered these questions in the affirma- tive, by holding up their right hands, the candidate shall kneel down in the most convenient part of the church. Then the presiding min- ister shall by prayer, and with the laying on of the hands of the Presbytery, according to the apostolic example, solemnly ordain him to the holy office of the gospel ministry. Prayer being ended, he shall rise from his knees ; and the minister who presides shall first, and afterward all the members of the Presbytery in their order, take him by the right hand, saying, in words to this purpose, " We give you the right hand of fellowship to take part of this ministry with us." After which the minister presiding, or some other appointed for the purpose, shall give a solemn charge in the name of God, to the newly ordained bishop, and to the people, to persevere in the dis- charge of their mutual duties ; and shall then by prayer recommend them both to the grace of God and his holy keeping, and finally, after singing a psalm, shall dismiss the congregation with the usual bless- ing. And the Presbytery shall duly record the transaction. XV. As it is sometimes desirable and important that a candidate who has not received a call to be the pastor of a particular congrega- tion should, nevertheless, be ordained to the work of the gospel min- istry, as an evangelist, to preach the gospel, administer sealing ordin- ances and organize churches in frontier or destitute settlements ; in this case the last of the preceding questions shall be omitted, and the following used as a substitute, namelv : Are you now willing to undertake the work of an evangelist ; and «do you promise to discharge the duties which may be incumbent on you in this character as God shall giv^e you strength? 1. Ordination as an Evangelist to Labor in Feeble Churches. Is it or is it not in accordance with the principles of the Presbyterian Church to ordain evangelists to labor in fields having feeble clmrclies wliich are not able to support a pastor, and are too remote conveniently to secure the services of an ordained minister? To ordain evangelists under the specified circumstances is in accordance with the practice of the Church, and is no infraction of any of its laws. — 1850 p. 454, O. S. OF ELECTIOX AND ORDINATION. 413 2. Ordination of a Licentiate who Proposed to Continue Teaching. The Presbytery of Philadelphia submitted to the Assembly for their decision the case of Mr. Joiiii Jones, a licentiate under their care, who at their last sessions had requested that the Presbytery would take measures to ordain him sine titido. The Presbytery stated that Mr. Jones had been a licensed candidate for a number of years ; that he had always sxistained a good and consistent character ; that he was engaged in teaching an academy, and was so circumstanced that his being ordained might render him more extensively useful. The Assembly having considered the case. Resolved, That the Presbytery of Philadelphia be permitted and au- thorized to ordain Mr. Jones to the work of the gospel ministry sine titulo, provided the Presbytery, from a full view of his qualifications and other attending circumstances shall think it expedient so to ordain him. — 1807, p. 386. 3. Presbyteries should not Ordain the Candidates of other Pres- byteries. 1. That it be earnestly recommended to all our Presbyteries not to or- dain sine titulo any men who propose to pursue the work of their miuistzy in any sections of the country where a Presbytery is already organized to which they may go as licentiates and receive ordination. 2. That the several bodies with which we are in friendly correspondence in the New England States be respectfully requested to use their counsel and influence to prevent the ordination, by any of their councils or con- sociations, of men who propose to jjursue the work of the ministry within the bounds of any Presbytery belonging to the General Assembly of the Presbyterian Church, and that the delegates from this Assembly to those bodies respectively be charged with communicating this resolution. — 1834, p. 428. 4. Ordination sine titulo. a. The Synod would bear testimony against the late too common, and now altogether unnecessary, practice of some Presbyteries in the north of Ireland, viz., their ordaining men to the ministry sine titido immediately before they come over hither, thereby depriving us of our just rights, viz., that we, unto whom they are designed to be co-presbyters, and among whom they design to bestow their labors, should have just and ftiir inspect- ing into their qualifications; we say it seems necessary that the Synod bear testimony against such practice by writing home to the General Synod, thereby signifying our dissatisfaction with the same. . . . The Synod do agree that no minister ordained in Ireland sine titulo be for the future received to the exercise of his ministry among us until he submit to such trials as the Presbytery among whom he resides shall think proper to order and appoint. And that the Synod do also advertise the General Synod in Ireland that the ordaining any such to the ministry sine titido, before their sending them hither, for the future Avill be very disagreeable and disobliging to us. — 1735, p. 119. b. A question was proposed. Whether it be proper to ordain to the ministry sine titido, except for some particular mission ? The considera- tion of which is deferred till our next sederunt. — 1762, p. 314. The question. Ought ministers to be ordained sine titulo f — i. e., without relation or probable view had to a particular charge — resumed, and after further deliberation, we judge as follows : 414 FORM OF GOVERXMEXT. That iu ordinary cases, where churches are properly regulated and or- ganized, it is a practice highly inexpedient and of dangerous consequences, not to be allowed in our body except in some special cases, as missions to the Indians and some distant places that regularly apply for ministers. But as the honor and reputation of the Synod is much interested in the conduct of Presbyteries in such special cases, it is judged that they should previously apply to the Synod and take their advice therein, unless the cases require such haste as would necessarily prevent the benefit of such a mission if delayed to the next session of Synod, in which cases the Presby- teries shall report to the next Synod the state of the cases and the reasons for their conduct. — 1764, p, 337. c. Application was made to the Synod by the Presbytery of New Cas- tle for advice respecting the propriety of Mr. Samuel Smith's being or- dained by said Presbytery of New Castle, under whose care he is, in con- sequence of his having accepted a call from a congregation within the bounds of the Presbytery of Hanover. The Synod, having heard all the circumstances relative to this case and deliberated thereon, agree that it is not expedient for the Presbytery of New Castle to ordain Mr. Smith as the matter now stands. — 1775, p. 465. d. The Presbytery of Leaves, by their commissioner, Mr. Slemons, re- quested leave to ordain a certain Mr. James Lang, a licentiate under their care, sine titiilo. Besolved, That the reasons offered for this measure are not sufficient, and therefore that the request be not granted. — 1800, p. 199. e. The following request was overtured by the Committee of Bills and Overtures : That the Synods of Virginia and the Carolinas have liberty to direct their Presbyteries to ordain such candidates as they may judge necessary to appoint on missions to preach the gospel ; whereupon, Resolved, That the above request be granted, the Synods being careful to restrict the permission to the ordination of such candidates only as are engaged to be sent on missions to preach the gospel. — 1795, p. 98. /. The Presbytery of Baltimore directed their commissioners to solicit the permission of the General Assembly to ordain Mr. William Mafiit, a licentiate under their care, to the office of the gospel ministry, if upon examination he should appear qualified. The reqiip^t was made at the particular instance of the church of Bladensbiirg, where Mr. Maffit offi- ciates as a stated supply. Resolved, That said request be granted. — 1798, p. 146. g. Mr. Robert Smith was appointed a missionary to the western and northern frontiers of the State of New York, provided he shall be or- dained by the Presbytery of New Castle for that purpose. — 1794, p. 86. [See also Minutes' 1799, p. 172; 1809, p. 415; 1810, p. 459.] h. A reference from the Synod of Philadelphia was laid before the As- sembly. By an extract from the minutes of that Synod it appeared that ISIr. John Waugh, a licentiate under the care of the Presbytery of New Castle, had, for special reasons, requested the Presbytery to take measures for his ordination sine tlfnlo. The Presbytery accordingly ])resented the request to Synod, and the Synod, finding that the authority in this case is by the Constitution expressly vested in the General Assembly, agree to refer the matter to them for their decision. The Assembly having taken the subject into consideration. Resolved, That the Presbytery of New Castle be, and they hereby are permitted and authorized, to ordain the said ^Ir. Waugh to the work of the gospel ministry sine titxdo ; provided that the Presbytery, from a full OF ELECTION AND ORDINATION. 415 view of his qualifications aud other attending circumstances, shall think it expedient. — 1805, p. 337. 5. Ordination sine titulo.— Overture on Rejected. a. The following overture was brought in and read, viz.: In what cases, except the one provided for in the seventeenth chapter of the Constitution of our Church, may a Presbytery ordain a man to the work of the gospel ministry without a call to a particular charge? — 1810, p. 456. This overture was referred to Drs. Miller and Green, Messrs. Nathan, Grier, Anderson and Campbell, as a Committee. — 1811, p. 464. This Committee reported as follows, viz.: Whereas, Tliere may exist cases in which it may be needful for Pres- byteries to ordain without a regular call ; but as the frequent exercise of this power may be dangerous to the Church, and as this case does not appear to be fully provided for in our Constitution and Book of Disci- pline, Resolved, That the following rule be submitted to the Presbyteries for their opinion and approbation, which, when sanctioned by a majority of the Presbyteries belonging to the Church, shall become a constitutional rule, viz. : That it shall be the duty of Presbyteries, when they think it necessary to ordain a candidate without a call to a particular congregation or con- gregations, to take the advice of their respective Synods, or of the General Assembly, before tliey proceed to this ordination. — 1811, p. 474. [Answered in the negative — 11 to 7 — and the subject dismissed.] — 1812, p. 494. h. [In 1813 another rule was proposed,] viz.: The rule proposed, and on which an affirmative or negative vote of the Presbyteries is required, is in the following words, viz.: It shall he the duty of Presbyteries, when they think it necessary to ordain a candidate without a call to a particular pastoral charge, to take^ the advice of a Synod, or of the General Assembly, before they proceed' to such ordination. — 1813, p. 524. [Of the Pi-esbyteries answering this overture, twenty-six replied in the negative and four in the affirmative.] — 1814, p. 558. 6. Censure of Synod for Ordination sine titulo not Sustained. The records of the Synod of Illinois were, on the recommendation of the Committee, approved, with the exception of a censure on p. 209, of the action of Knox Presbytery, for ordaining a man when there was no call from any part of the Church. — 1843, p. 17, N. S. 416 FORM OF GOVERNMENT. CHAPTER XVI. OF TRANSLATION OR REMOVING A MINISTER FROM ONE CHARGE TO ANOTHER. I. No bishop shall be translated from one church to another, nor shall he receive any call for that purpose, but by permission of the Presbytery. 1. Removal -without Consent of Presbytery. The Presbytery of East Jersey having reported that Mr. John Cross has, without the concurrence of Presbytery, removed from one congrega- tion to another, the Synod do declare that the conduct of such ministers , . . that take cliarge of any congregation without the Presbyteries' concurrence, to be disorderly and justly worthy of presbyterial censure, and do admonish said Mr. Cross to be no further chargeable with such irregularities in the future.— 1735, p. 115. ,2. The Irregularity Excused, but Caution Enjoined. The Synod having deliberately considered the aifair of Mr. Allison's removal to Philadelphia, referred to them by the Presbytery of New Cas- tle, judge that the method he used is contrary to the Presbyterian plan. Yet considering that the circumstances which urged him to take the method he used were very pressing, and that it was indeed almost imprac- ticable to him to apply for the consent of Presbyteiy or Synod in the orderly way, and further being persuaded that Mr. Allison's being era- ployed in such a station in the academy has a favorable aspect in several respects, and a very probable tendency not only to promote the good of the public, but also of the Church, as he may be serviceable to the inte- rests thereof in teaching philosophy and divinity as far as his obligations to the academy will permit, we judge that his proceedings in said affair are in a great measure excusable. Withal, the Synod advises that for the future its members be very cautious, and guard against such proceedings as are contrary to our known approved methods in such cases. — 1752, p. 206. II. Any church desiring to call a settled minister from his present charge shall, by commissioners properly authorized, represent to the Presbytery the ground on which they plead his removal. The Pres- bytery, having maturely considered their plea, may, according as it appears more or less reasonable, either recommend to thera to desist from prosecuting the call, or may order it to be delivered to the min- ister to whom it is directed. If the parties be not prepared to have the matter issued at that Presbytery, a written citation shall be given to the minister and his congregation to appear before the Presbytery at their next meeting. This citation shall be read from the pulpit in that church by a member of the Presbytery appointed for that pur- OF TEANSLATION. 417 pose Immediately after public worship, so that at least two Sabbaths shall intervene betwixt the citation and the meeting of the Presby- tery at which the cause of translation is to be considered. The Pres- bytery being met, and having heard the parties, shall upon the whole view of the case either continue him in his former charge or trans- late him, as they shall deem to be most for the peace and edification of the Church, or refer the whole affair to the Synod at their next meeting for their advice and direction. 1. Consent of the Parties may Shorten the Process. [In the Constitution, as originally adopted, citation of the parties was required in all cases. By the Assembly of 1804, p. 305, it was proposed to strike out "together with a written citation," and insert "if the parties be not prepared to have the matter issued at that Presbytery, a written citation shall be given to the minister." The amendment was adopted. — 1805, p. 333. In a note accompanying the overture the Assembly say, " This amendment is intended to provide that consent of parties shall shorten the constitutional process for translat- ing a minister." — 1804, p. 305.] Overture No. 11, from the Synod of New Jersey, proposing the follow- ing query : " Is it the intent of chapter xvii.. Form of Government, that a minister desiring to resign his pastoral charge shall in all cases first make his request known to the Presbytery ?" The Committee recommend that it be answered in the negative, for the reason that chapter xvi., section ii., provides that where the parties are pre- pared for the dissolution of a pastoral relation it may be dissolved at the first meeting of Presbytery. The report was adopted. — 1866, p. 47, O. S. III. When the congregation calling any settled minister is within the limits of another Presbytery, that congregation shall obtain leave from the Presbytery to which they belong, to apply to the Presbyterv of which he is a member; and that Presbytery, having cited him and his congregation as before directed, shall proceed to hear and issue the cause. If they agree to the translation, they shall release him from his present charge ; and having given him proper testimonials shall require him to repair to that Presbytery within the bounds of which the congregation calling him lies, that the proper steps may be taken for his regular settlement in that congregation ; and the Presbytery to which the congregation belongs, having received an authenticated cer- tificate of his release under the hand of the clerk of that Presbytery, shall proceed to install him in the congregation as soon as convenient, provided always that no bishop or pastor shall be translated without his own consent previously obtained. 1. Pastor and Church must Belong to the same Presbytery. Overture No. 19. From a member of the Presbytery of Lexington, asking whether a minister who is a member of one Presbytery can be iu- 53 418 FORM OF GOVERNMENT. stalled as pastor over a church in another Presbytery; and if so, what arn tlie proceedings proper in the case. The Committee recommend the As- sembly to answer that he should not be installed in such a case. Adopted. —1854, p. 46, O. S. See under chap, x., viii. IV. AYhen any minister is to be settled in a congregation, the in- stallment, M'hich consists in constituting a pastoral relation between him and the people of that particular church, may be performed either by the Presbytery or by a Committee appointed for that purpose, as may appear most expedient; and the following order shall be observed therein : V. A day shall be appointed for the installment, at such time as may appear most convenient, and due notice thereof given to the con- gregation. VI. When the Presbyteiy or Committee shall be convened and constituted, on the day appointed, a sermon shall be delivered by some one of the members previously appointed thereto; immediately after which the bisiiop who is to preside shall state to the congregation the design of their meeting, and briefly recate the proceedings of the Pres- bytery relative thereto. And then addressing himself to the minister to be installed, shall propose to him the following or similar questions: 1. Are you now willing to take the charge of this congregation, as their pastor, agreeably to your declaration at acco[)ting their call? 2. Do you conscientiously believe and declare, as far as you know your own heart, that in taking upon you this charge, you are influ- enced by a sincere desire to promote the glory of God, and the good of the church ? 3. Do you solemnly promise that, by the assistance of the grace of God, you will endeavor faithfully to discharge all the duties of a })as- tor to this congregation; and will be careful to maintain a deportment in all respects becoming a minister of the gospel of Christ, agreeably to your ordination engagements ? To all these having received satisfactory answers, he sliall propose to the people the same or like questions as those directed under the head of ordination ; which, having been also satisfactorily answered by holding up the right hand in testimony of assent, he shall solemnly pronounce and declare the said minister to be regularly constituted the pastor of that congregation. A charge shall then be given to both parties, as directed iu the case of ordination ; and after prayer, and singing a psalm adapted to the transaction, the congregation shall be dismissed with the usual benediction. VII. It is highly becoming that, after the solemnity of the install- ment, the heads of families of that congregation who are present, or OF EESIGNING A PASTORAL CHARGE. 419 at least tlie elders and those appointed to take care of tlie temporal concerns of that church, should come forward to their pastor and give him their right hand in token of cordial reception and affectionate regard. 1. A Pastoral Relation without Installment Recognized. It appears evident to this Synod that Mr. Tennent having in all respects acted, and been esteemed, and looked upon, not only by this Synod, but also by the congregation, of Neshaminy, and particularly by the appell- ants themselves, as the minister and pastor of the people of Neshamin}^ that he is still to be esteemed as the pastor of that people, notwithstanding the want of a formal installment among them ; which omission, though the Synod doth not justify, yet it is far from nullifying the pastoral relation between Mr. Tennent and said people. — 1736, p. 127. CHAPTER XVII. OF RESIGNING A PASTORAL CHARGE. When any minister shall labor under such grievances in his con- gregation as that he shall desire leave to resign his pastoral charge, the Presbytery shall cite the congregation to appear by their commis- sioner at their next meeting to show cause, if any they have, why the Presbytery should not accept the resignation. If the congregation fail to appear, or if their reasons for retaining their pastor be deemed by the Presbytery insufficient, he shall have leave granted to resign his pastoral chai'ge, of which due record shall be made; and that church shall be held to be vacant till supplied again in an orderly manner with another minister ; and if any congregation shall desire to be released from their pastor, a similar process, mutatis mutandis, shall be observed. 1. Whetlier the Relation shall be Dissolved at the Meeting where the Request is made left to the Discretion of the Presbytery. The Committee on overture No. 9, viz. : Advice asked respecting the following question of order by the Presbytery of Otsego, " Is it contrary to chapte*- xvii., of the Form of Government, for a Presbytery to dissolve the connection between a minister and his congregation at the time when he presents his request for his dissolution, and the congregation joins issue by commissioners duly appointed for that purpose ?" made the following report, which was adopted, viz. : Bej day of May, in the year one thousand eight iuindred and sixtv-two. •■ -V- ■• J. WESLEY SMITH, Deputy Secretary of Slate. I. THE BOARD OF HOME MISSIONS OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. a. The unfinished business was resumed, viz., the report of the Joint Committee on Home Missions, which, after protracted discussion, was adopted, as follows : The Joint Committee appointed by the two Assemblies of 1869 to ar- range for the consolidation of the "Board of Domestic Missions" and "The Committee of Home Missions," would respectfully report that, in full attendance, they have given the subject with which they were charged their most careful deliberation. Some things pertaining to the proposed new organization were very readily adjusted, as appears in the following recommendations, adopted with entire unanimity, viz. : 1. The name to be "The Board of Home Missions of the Presbyterian Church in the United States of America." 2. That this Board consist of fifteen members, five constituting a quorum. 3. That the Board be authorized to api)oint one secretary, with so much assistance as the Board may deem necessary. After proceeding so far, your Committee were advised by eminent legal counsel that, inasmuch as the Board and Committee now existing hold their respective charters from different States, legislative actit)n in the States of Pennsylvania and New York would be necessary before the con- templated consolidation could be effected, so that the ])roperty now held by the one could legally and safely be transferred to the other. As instructed by counsel, your Committee cannot see any mode in which this General Assembly itself, without further legislation, can create such a consolidated OF MISSIONS. 427 Board, or will be competent in law to execute the trusts imposed on tlie existing corporate bodies in wills or other writings heretofore executed. As necessary steps to the obtaining of such necessary legislation asissuited to the case, your Conunittee report the following recommendations, to wit: 1. That this Assembly should designate the locality in which the chief operations of the new Board shall be carried on, and in which the princi- pal office for that purpose shall be located. 2. That a Committee be appointed by this Assembly, whose duty it shall be to endeavor to procure all the legislation required by the exigen- cies of the case, and direct the transfer of property now held by the two bodies above described, on receiving the opinion of comj^etent counsel that the authority of the new body is perfect. 3. Meantime, till such a result has been reached, that both of the ex- isting organizations should be kept up in the form required by their re- spective charters. — 1870, p. 54. The following places were then named for the location of the Board of Home Missions, viz., Philadelphia and New York ; whereupon the roll was called, and New York was chosen, by a vote of 306 for New York, and 153 for Philadelphia. — lb., p. 55. The action of the Assembly adopting the report of the Joint Commit- tee on Home Missions was reconsidered, and the number of members of the Board changed from twenty (20) to fifteen (15), and the number of corresponding secretaries from one (1) to two (2). The Rev. Henry Kendall, D. D., and the Rev. Cyrus Dickson, D. D., wei'e by acclamation elected corresponding secretaries, and Mr. Samuel D. Powel treasurer, of the Board of Home Missions, it being expressly un- derstood that this was not to be considered as a precedent by any future Assembly.— 1870, p. 100. 6. Applications for Aid to be by Ballot. The following resolution was adopted by the General Assembly in 1872 : Resolved, That, in order to the most fair appropriation of church funds, this Assembly hereby recommend to the Presbyteries that in the case of any and every application for aid from any of the Boards or Committees, the vote thereon be taken by ballot, both as to the application and as to the amount, except where the matter is legally in the hands of a presby- terial Committee. — p. 36. CHARTER OF THE BOARD OF HOME MISSIONS OF THE PRESBY- TERIAN CHURCH IN THE UNITED STATES OF AMERICA. An Act to incorporate " The Board of Home Missions of the Presbyterian Church in the United States of America," and to enable the Presbyterian Board of Home Missions, formerly the Presbyterian Committee of Home Missions, to transfer its property to said new corporation, and to vest in such new corporation the corporate rights, franchises and privileges of the former body, and also to enable said new- corporation to accept a transfer of the property of "The Trustees of the Board of Domestic Missions of the General Assembly of tlie Presbyterian Ciiurch in the United States of America," and to become the legal successor of the said last men- tioned corporation. — Passed April 19, 1872. The People of the State of Neiv York, represented in Senate and Assembly, do enact as follows : Sectiox 1. George L. Prentiss, Thomas S. Hastings, William M. Paxton, William C. Roberts, J. F. Stearns, Henry .J. Van Dyke, James O. Murray, Edward A. Lam- bert, Jacob D. Vermilye, George W. Lane, Thomas C. M. Paton, Joseph F. Joy, Rob- ert L. Kennedy, George R. Lockwood, John Taylor Johnston (designated for this purpose by the General Assembly of the Presbyterian Church in the United States of America, which met in Chicago, in the Stale of Illinois, in Ma}^, eighteen hundred and seventy-one, and which is the legal successor of the two religious bodies thereto- 428 FORM OF GOVERXJIEXT. fore exif?ting under that same name), and their successors in office, chosen from time to time by tlie said General Assembly, are hereby constituted a body politic and cor- porate by the name of "The Board of Home Missions of the Presbyterian Church in the United States of America," the object of which sliall be to assist in sustaining the preaching of the gospel in feeble churches and congregations in connection with the Presbyterian Church in tlie United States, and genei-ally to superintend the whole ■work of Home Missions in behalf of said Church, as the General Assembly may from time to time direct, also to receive, take charge of and disburse all property and funds which at any time and from time to time may be entrusted to said Church or said Board for Home Missionary purposes. Section 2. The said corporation shall possess the general powers, and be subject to the provisions, contained in title three of chapter eighteen of the first part of the Revised Statutes, so fiir as the same are applicable and have not been repealed or modified. Section 3. The management and disposition of the affairs and property of said corporation shall be vested in the persons named in the first section of this Act, and their successors in oflice, who shall remain in office for such period, and be removed and succeeded by others chosen at such time and in such manner, as the said General Assembly of the Presbyterian Church in the United States of America shall from time to time direct and appoint. Section 4. The said corporation shall be in law capable of taking, receiving and holding any real or personal estate which has been or may liereafter be given, demised or bequeathed to it or to tlie said Church for the purposes aforesaid, or which may accrue from the use of the same, subject, however, to all tlie provisions of law relating to devises and bequests by last will and testament; but the said corporation shall not take and hold real and personal estate, the annual rental or income of which shall exceed the sum of two hundred thousand dollars. Section 5. The Presbyterian Committee of Home Missions, incorporated under the laws of this State by an Act passed on the eighteenth day of April, eighteen hundred and sixty-two, the name of which was changed to that ot" the Presbyterian Board of Home Missions by an act passed on the twentieth day of January, eighteen hundred and seventy-one, are hereby authorized to assign, transfer, convey and deliver unto the corpoiation created by this act all propert}', estate and rights of any and every descrip- tion now held or enjoyed by them, and which may hereafter be received" by them by virtue of any grant, gift, bequest or devise, or otherwise howsoever, which assign- ment, transfer, conveyance and delivery the corporation established by this Act is hereby authorized and empowered to accept and receive, and the said corporation hereby created shall be and is hereby declared to be the legal successor of the said Presbyterian Board of Home Missions, formerly the Committee of Home Missions, and shall have, hold, use and enjoy all the corporate powers, franchises and privi- leges of the said corporation last named, and all tiie property, estates and rights so assigned, transferred, conveyed and delivered in the same manner and to the same extent as the said corporation last named might have done, and shall be entitled to receive, sue for and recover all legacies, devises, bequests and property which have heretofore been or may hereafter be made or given to the said corporation last named ; provided, however, and it is hereby expressly declared, that the said corporation cre- ated by this Act shall receive and hold the said property, estates and rights upon the same trusts, and for the same purposes only, as the same are or otherwise would be held by the said Presbyterian Board of Home Missions, formerly the Presbyterian Committee of Home Missions. SjiCTiON 6. Whenever the requisite power shall be given by the proper authority of the State of PeiHisylvauia to the Trustees of the Board of' Domestic Missions of the General Assembly of the Presbyterian Church in the United Slates of America, a corporation created and established and now existing under the laws of the said State of Pennsylvania, to assign, transfer, convey and deliver unto the corporation created bythis Act, all the {u-operty, estates and rights of any and every description, held or enjoyed, or which may be hereafter held or enjoyed, by the said corporation first named in this section, by virtue of any gift, grant, bequest or devise, or otherwise howsoever; then the said corporation hereby created is hereby authorized to accept and leceive the assignment, transfer, conveyance and delivery aforesaid, and shall be and is hereby declared to be the legal successor of the said Trustees of the P.oartl of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America, and shall have, hold, use and enjoy all the corporate powers, franchises and privileges of the said corporation last named, and all the property, estates and rights which may be so assigned, transferred, conveyed and delivered", in the same manner and to the same extent as the said corporation lajst named might have done, OF MISSIONS. 429 and shall be entitled to receive, sue for and recover all legacies, devises, bequests and property which have heretofore been or may hereafter be made or given to the said corporation last named ; provided, however, and it is hereby expressly declared, that the said coi'poration created by this Act shall receive and hold the said property, estates and rights upon the same trusts, and for the same uses and purposes only, as the same are or otherwise would be held by the said Trustees of the Board of Domestic Mis- sions of the General Assembly of the Presbyterian Church in the United States of America, heretofore created by virtue of the laws of the State of Pennsylvania ; and it is hereby further provided and declared that all the grants, conveyances, devises and bequests, which after the several assignments, transfers and conveyances herein- before authorized to be made to the corporation created by this Act, shall have been made and completed as hereinbefore directed, shall be made or which shall purport to be made to the Presbyterian Committee on Home Missions, or to the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church hereinbefore named, shall be deemed and taken to be made to the corporation hereby created with the same efiect as if made to such new corporation hereby created. Section 7. This Act shall take efiect immediately. State of New Yokk, \ Office of the Secretary of State. J ' I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty- [L. S.] fourth day of April, in the year one thousand eight hundred and sev- enty-two. ANSON S. WOOD, De-p. Secretary of State. An Act to authorize the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United Stales of America to transfer the property held by them to the Board of Home Missions of the Presbyterian Church in the United States of America, and to declare the latter corporation to be the legal successor of the former. Whereas, The two religious bodies heretofore existing, each under the name of the General Assembly of the Presbyterian Church in the United States of America, have united the congregations under their care, and the General Assembly of the Church thus imited which met in Philadelphia on the nineteenth day of May, eighteen hun- dred and seventy, and which is the legal successor of both the former bodies, has di- rected that the Home Missionary work previously carried on under the direction of the said two bodies shall be hereafter carried on under its direction by one Board ; And Whereas, The Legislature of the State of New York has for the purpose afore- said incorporated the Board of Home Missions of the Presbyterian Church in the United States of America; Therefore, Section 1. Be it enacted by the Senate and House of Eepresentatives of the Com- monwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, that the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America be and they are hereby authorized to grant, assign, transfer, convey and deliver all property, estates and rights, real, personal and mixed, of every kind and description, now held or enjoyed by them, and which may hereafter be received, held or enjoyed by them, in any manner whatsoever unto the said the Board of Home Missions of the Presbyterian Church in the United States of America, which Corporation is hereby declared to be the legal successor of the said the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America; and shall have, hold, use and enjoy all the corporate pow- ers, franchises and privileges of the said corporation last named, and all the property, estates and rights which shall be so granted, assigned, transferred, conveyed and de- livered in the same manner and to the same extent as the said Corporation last named might have done (including the power to convey, assign and transfer the same), and shall be entitled to receive, sue for and recover all legacies, devises, bequests and property which have heretofore been or may hereafter be made, given or granted to the said corporation last named ; Provided, however, and it is hereby expressly de- clared, that the said the Board of Home Missions of the Presbyterian Church in the United States of America shall receive and hold the said property and estates, or the proceeds thereof, if sold, upon the same trusts and for the same uses and purposes only, as the same are or otherwise would be held by the said Trustees of the Board of Do- 430 FORM OF GOVERNMENT. mestic ^lissions of tlie General Apsenibly of the Presbyterian Church in the United States of America ; and it is hereby further provided and declared that all grants, conveyances, devises and bequests whicli shall be made, or purport to be made, to the Bald Corporation last named shall be deemed and taken to be made to the said the Board of Home Missions of the Presbyterian Church in the United States of Amer- ica with the same eflect as if made directly thereto. AV. ELLIOTT, Speaker of the House of Representatives. GEO. H. ANDEIISON, Speaker of tlie Senate. Approved the twenty-ninth day of Januarv, Anno Domini one tliousand eight hun- dred and seventy-three. ' J. F. HARTRA^'FT. Office of the \ Secretary of the Commonwealth, / Harrisburg, February 7, A. D. 1873. Pennsylvania, ss. I do hereby certify, That the foregoing and annexed is a full, true and cor- j o rect copy of the original Act of the General Assembly, entitled " An Act to authorize the Trustees of the Board of Domestic Missions of the Gen- eral Assembly of the Presbyterian Church in the United States of Amer- ica to transfer the property held by them to tlie Board of Home Missions of the Pres- byterian Church in the United States of America, and to declare the latter Corporation to be the legal successors of the former," as the same remains on file in this office. In testimony whereof, I have hereunto set my hand and caused the seal of the Secre- tary's office to be affixed the day and year above written. M. S. QUAY, Secretary of the Commonwealth. THE BOARD OF FOREIGN MISSIONS. 1. The Constitution. The Committee on the overture from the Presbytery of Salem on the subject of foreign missions made a report, which was accepted and adopted by yeas and nays, as follows, viz. : Resolved, 1. That the General Assembly will superintend and conduct, by its own proper authority, the work of Foreign Missions of the Presby- terian Church, by a Board appointed for that purpose and directly amen- able to said Assembly. 2. The General Assembly shall, at its present meeting, choose forty ministers and forty laymen, as members of the Board of Foreign JNIis- sions, one-fourth part of whom shall go out annually in alphabetical order, and thereafter ten ministers and ten laymen shall be annually elected as members of the Board of Foreign Missions, whose term of office shall be four years, and these forty ministers and forty laymen so appointed shall constitute a Board to be styled " The Board of Foreign Missions of the Presbyterian Church in the United States of America," to which for the time being shall be entrusted, with such directions and instructions as may from time to time be given by the General Assembly, the superintendence of the foreign missionary operations of the Presbyterian Church. This Board shall make annually to the General Assembly a report of their proceedings, and submit for its approval such plans and measures as may be deemed useful and necessarv. 3. The Board of Directors shall hold their first meeting at such time and place as may be directed by the present General Assembly, and shall hold a meeting annually at some convenient time during the sessions of the General Assembly, at which it shall appoint a President, Vice-presi- dent, a Corresponding Secretary, a Treasurer and an Executive Commit- tee, to serve for the ensuing year. It shall belong to the l^oard of Direct- ors to review and decide upon all the doings of the Executive Committee, to receive and dispose of their annual report, and to present a statement OP MISSIONS. 431 of their proceedings to the General Assembly. It shall be their duty also to meet for the transaction of business as often as may be expedient, due notice of every special meeting being seasonably given to every member of the Board. 4. To the Executive Committee, consisting of not more than nine mem- bers besides the corresj)onding secretary and the treasurer, shall belong the duty of appointing all missionaries and agents, of designating their fields of labor, receiving the reports of the corresponding secretary, and giving him needful directions in reference to all matters of business and corre- spondence entrusted to him, to authorize all appropriations and expendi- tures of money, and to take the particular direction and numagement of the foreign missionary work, subject to the revision and control of the Board of Directors. The Executive Committee shall meet at least once a month, and oftener if necessary ; five members meeting at the time and place of adjournment or special call shall constitute a quorum. The Committee shall have power to fill their own vacancies, if any occur dur- ing the recess of the Board of Directors. 5. All property, houses, lands, tenements and permanent funds belong- ing to the said Board of Foreign Missions shall be taken in the name of the Trustees of the General Assembly, and held in trust by them for the use and benefit of " The Board of Foreign Missions of the Presbyterian Church in the United States of America" for the time being. 6. The seat of operations of the Board of Directors shall be designated by the Board. 7. The Board of Directors shall have power, and they are hereby author- ized, to receive a transfer of the Foreign Missionary Societies, or either of them, now existing in the Presbyterian Church, with all the missions and funds under the care of and belonging to such societies. [Yeas, 108 ; nays, 29.]— 1837, p. 4.52. Eewlved, That the Board of Foreign Missions be directed to hold their first meeting in the First Presbyterian Church in the city of Baltimore on Tuesday, the 31st of October next, at three o'clock p. m. — Ihid., p. 453. 2. Alterations in the Constitution. a. Resolved, That the Constitution of the Board of Foreign Missions be so altered as to make the number of members 120 instead of SO. — 1838, p. 21. h. Resolved, That the general agetit of the Board of Missions be ex officio a member of the Executive Committee. c. Resolved, That the Board be authorized to increase the number of vice-presidents to twelve. — 1839, p. 165. d. Resolved, That at all meetings of the Board of Foreign Missions of the Presbyterian Church, thirteen members meeting at the time and place of adjournment or special call shall be a quorum for the transaction of business. — Ibid., p. 170. e. A request from the Board of Foreign Missions to the Assembly to amend the fourth article of the Constitution of the Board, by adding after the word "Treasurer" in the second line the following: "With as many members of the Board as may be present." On motion, the amendment was adopted. — 1845, p. 25. 3. The Committee on Foreign Missions, [The N. S. Assembly co-operated with the American Board of Com- missioners for Foreign JNIissions up to the time of the reunion. In 1854 (see p. 511) a Standing Committee of five ministers was appointed, which in 1856 (see p. 212) was enlarged to fifteen, and they were requested to 432 FORM OF GOVERNMENT. divide the Committee " into three classes, one of which shall be elected annually by the Assembly." In 1865 the Permanent Committee obtained a charter from the Legislature of New York, which will be found below.] Upon the reunion the Assembly adopted the following as — 4. The Org-anization of the Board of Foreign Missions. The Board of Foreign Missions shall hereafter consist of fifteen mem- bers besides the corresponding secretaries and the treasurer, who shall be members ex officio. The term of service of the present members of the Board, the Execu- tive Committee and the Permanent Committee shall end with the first meeting of the Executive Committee after the dissolution of the General Assembly, when a new Board shall be constituted. This Assembly will select fifteen members of the Board in three classes of five each. The first shall serve three years, the second class two years and the third class one year. Each subsequent General Assembly shall elect five members of the Board to hold ofiice for three years, and shall fill any vacancies in either of the other classes for the unexpired term of service. Any five members of the Board shall form a quorum. One of the ex officio members, to be designated by the Board, shall be entitled to a seat in the General Assembly as a corresjiouding member on all subjects relating to Foreign Missions. Besides the duties already committed to their charge, the Board shall perform the duties heretofore assigned to the Executive Committee of the Board and to the Permanent Committee on Foreign Missions, in so far as these have not been superseded or modified by this minute. — 1870, p. 46. 5. Alterations Necessitated by Legislation. The Committee further report that on the 12th of March, 1872, the fol- lowing Act was passed by the New York Legislature in relation to trus- tees and directors of charitable and benevolent institutions: 8ection 1. No trustee or director of any charitable or benevolent insti- tution, organized either under the laws of the State or by virtue of a spe- cial charter, shall receive, directly or indirectly, any salary or emolument from said institution, nor shall any salary or compensation whatever be voted or allowed by the trustees or directoi's of any institution organized for charitable or benevolent purposes to any trustee or director of said institution for services either as trustee or director or in any other capa- city. In view of the above Act, the Committee recommend the adoption of the following resolution: In view of the Act of the Legislature of New York concerning charitable and benevolent institutions, passed March 12, 1872, that the Constitution of the Board of Foreign Missions be so changed that the ex- ecutive ofiicers sh^ll hereafter be consulting members only, without the right to vote, but having the right to propose resolutions and discuss all matters before that l)()dy ; and fuj-tlier, that the quorum necessary to transact business be reduced to four. — 1872, j). 42. 6. The Charters. o. An Act to incorporate the Pornianent Committee on Foreign Missions of the General Assembly of tlie Presbyterian Church in tlie United States of America. — Passed April 17, 1865. OF MISSIONS. 433 The people of the Slate of New York, represented in Senate and Assembly, do enact as follows; Section 1. R. Russell Booth, Georg:e Dnffield, Alfred E. Campbell, John McLeod, John A. Brown, Joseph N. Tuttle, William E. Dodge, Walter Clarke, Daniel W. Poor, T. Ralston Smith, Thomas Bond, Walter S. GrifHth, William Churchill, Ed- ward A. Lambert and Ji;sse W. Benedict (designated for that purpose by the General Assembly of the Presbyterian Cimrch. which met at Dayton, Ohio, in May, eighteen hundred and sixty-four), and their successors in oiBce, are hereby constituted a body corporate and politic, by the name of "The Permanent Committee on Foreign Mis- sions of the General Assembly of the Presbyterian Church in the United States of America," whose duty it shall be to superintend the whole cause of foreign missions in behalf of the said General Assembly as said General Assembly may from time to lime direct ; also, to receive, take charge of and disburse any property or funds which xt anv time and from time to time may be entrusted to said General Assembly, or said Permanent Committee, for foreign missionary purposes. Sec. 2. The said corporation shall possess the general powers and be subject to the provisions contained in title three of chapter eighteen of the first part of the revised statutes, so far as the same are applicable and have not been repealed or modified. Sec. 3. The management and disposition of the affairs of said corporation shall be vested in the individuals named in the first section of this Act, and their successors in office, who shall remain in office for such period, and be displaced and succeeded by others, to be elected by said General Assembly, and at such time and in such manner as the said General Assembly shall direct and appoint. Sec. 4. The said corporation shall in law be capable of taking and recovering and holding any real or personal estate which has been or may hereafter be given, devised or bequeathed to it or to the said General Assembly for the purposes aforesaid (and in conformity with existing statutes), or wliich may accrue from the use of the same; but the said corporation shall not take and hold real and personal estate above the .sum of two hundred and fifty thousand dollars. Sec. 5. This Act shall take effect immediately. b. Charter of the Board of Foreign Missions. An Act to incorporate the Board of Foreign Missions of the Presbyterian Church in the United States of America.— Passed April 12th, 1862. Chapter 187. The people of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Walter Lowrie, Gardiner Spring, William W. Phillips, George Potts, W^illiam Bannard, John D. Wells, Nathan L. Rice, Robert L. Stuart, Lebbeus B. W\ard, Robert Carter, John C. Lowrie, citizens of the State of New York, and such others as they may associate with themselves, are hereby constituted a body corporate and politic for ever, by the name of the Board of Foreign ^lissions of the Presbyte- rian Church in the United States of America, for the purpose of establishing and con- ducting Christian missions among the unevangelized or pagan nations and the general diffusion of Ciiristianity ; and by that name they and their successors and associates shall be capable of taking by purchase, grant, devise or otherwise, holding, conveying or otherwise disposing of any real or personal estate for the purposes of the said cor- poration, but which estate within this State shall not at any time exceed the annual income of twenty thousand dollars. Sec. 2. The said corporation shall possess the general powers, rights and privileges, and be subject to liabilities and provisions, contained in the eighteenth chapter of the first part of the revised statutes so far as the same are applicable, and also subject to the provisions of chapter three hundred and sixty of the laws of eighteen hundred and sixty. Sec. 3. This Act shall take eflfect immediately. III. THE BOARD OF EDUCATION.— See above, chap, xiv., sec. i. 3. IV. THE BOARD OF PUBLICATION. 1. The Board Established. Whereas, Sabbath-school and tract publications cannot fail to exert a very great influence upon the growth of our Churcli and country; and whereas, it is the duty of the highest judicatory of the Church to exercise 55 434 FORM OF GOVERNMENT. such a supervision over this subject as will secure the diffusion of soui and scriptural principles for " the promotion of charity, truth and ho md holi- ness," through all the churches under our care; therefore. Resolved, 1. That the General Assembly will superintend and conduct, by its own proper authority, the work of furnishing the churches under its care with suitable tract and Sabbath-school publications, by a Board appointed for that purpose, and directly amenable to said As: roper and necessary to the General Assembly. It shall be their duty, also, to meet for the transac- tion of business as often as may be expedient, due notice of every special meeting being seasonably given to every member of the Board. 4. To the Executive Committee, consisting of not more tlian nine mem- bers besides the corresponding secretary and treasurer, shall belong the duty of selecting and preparing suitable tracts and books for publication ; of superintending and directing their distribution; of receiving the reports of the corresponding secretary, and giving him needful directions in refer- ence to matters of business and correspondence entrusted to him ; of au- thorizing all appropriations of money; and of taking the particular di- rection and management of the whole subject of tract and Sunday-school publications, subject to the control and direction of the Board of Man- agers. The Executive Committee shall meet at least once a month, and oftener, if necessary; five members meeting at the time and place of ad- journment or special call, shall constitute a quorum, except that the ap- proval of a majority of the whole Committee shall be necessary to direct the publication of "any tract or book. The Committee shall have power to fill their own vacancies, if any occur during the recess of tiie Board. 5. All property, houses, lands, tenements and permanent funds belong- ing to the said tract and Sabbath-school Board shall be taken in the name of the trustees of the G(;neral Assembly, and held in trust by them for the use and benefit of "The Board of Publication of Tracts and Sabbath- school Books of the General Assembly of the Presbyterian Church in the United States of America," for the time being. OF MISSIONS. 435 6. The seat of operations of the Board of Managers shall be in the city of Philadelphia. 7. The Board of Managers shall have power, and they are hereby au- thorized, to receive a transfer of " The Presbyterian Tract and Sabbath- school Book Society," now under the care cf the Synod of Philadelphia, with all the tracts, books and funds belonging to said society. — 1838, p. 23, O. S. 2. Alterations and Enlargements of the Plan. a. Resolved, That the name of the Board for the Publication of Tracts and Sabbath-school Books be changed to the name of The Preshyterian Board of Publication, and that its Constitution be so altered as to require said Board to publish not only tracts and Sabbath-school books, but also approved works in support of the great principles of the Reformation, as exhibited in the doctrines and order of the Presbyterian Church, and whatever else the Assembly may direct. Resolved, 3. That the third article of the Constitution of the Assembly's Board of Publication be amended by adding to it the following clause, viz. : " Eleven members shall constitute a quorum for the transaction of business." Resolved, 4. That the fourth article of the Constitution of the Board be so altered as to provide tliat "the Executive Committee shall consist of nine members besides the Corresponding Secretary and Treasurer." Resolved, 5. That to this Board be committed, on behalf of the Gene- ral Assemidv, the publication of such works, permanent and periodical, as are adapted to promote sound leai'uing and true religion. — 1839, p. 170, O. S. h. Resolved, That article third of the Constitution of the Presbyterian Board of Publication be so amended as to read as follows, viz. : Art. III. The Board of Managers shall hold their first meeting at such time and place as may be directed by the present General Assembly, and shall hold a meeting annually on the second Tuesday in June, at which time it shall appoint a President, Vice President, a (Corresponding Secretary, a Treasurer, a Recording Secretary and an Executive Com- mittee to serve for the ensuing year. — 1853, p. 449, O. S, See also Baird, Rev. Ed., pp. 418-421. 3. The Publication Committee. For history of preliminai-y action of the Assembly, N. S., from 1846 on- ward, see New Digest, p. 394. The Committee Appointed, its Powers and Duties. a. To promote the difi'nsion of those truths which distinguish us as a Church, the General Assembly adopts the following arrangement : 1. There is hereby established at Philadelphia a Standing Committee of nine persons whose duty it shall be to superintend the publication of a series of tracts explanatory of the doctrines, government and missionary policy of the Presbyterian Church, as the General Assembly shall from time to time direct. One-third of this Committee shall serve for one year, one-third for two years, and the remaining third for three years, the election to fill the places of those whose terms expire to be held at each meeting of the General Assembly. 2. This Committee shall elect a Secretary and Treasurer, the former of whom S'hall receive such a salary per annum as shall be agreed upon by 436 FORM OF GOVERNMENT. the Committee, and shall be the editor of the tracts published, and also, as far as may be necessary, the soliciting agent for such an amount of funds as may be required to carry out the objects for which this Committee is appointed. 3. It shall be the duty of this Committee to meet at Philadelphia, and after due organization to take measures to procure the preparation and publication in cheap, neat and substantial form of a series of tracts for the purposes above stated. No tract to be published which does not receive the unanimous approbation of the Committee. 4. This Committee shall, if consistent with the interests of the Assem- bly, enter into a contract with some publisher or publishers to assume for a time the publication of such tracts as may be furnished them at certain rates, which shall be agreed upon in writing. And if no such arrange- ment can be profitably and satisfactorily made, then the said Committee shall by solicitation from the churches proceed to provide a sufficient fund for their publication in behalf of the Assembly. 5. This Committee shall make a full report of its proceedings to the General Assembly at each annual meeting. — 1852, p. 176, N. S. h. 2. That the Rev. Geoi'ge Chandler and Samuel H. Perkins, Esq., of Philadelphia, be added to the Committee. 3. That the rule requiring the unanimous consent of the Committee for the publication of any book or tract be so modified that a majority of three-fourths only shall be required. 4. That the Committee be authorized to take such measures as they may deem advisable to secure the necessary funds for the erection of a house of publication. — 1853, p. 330, N. S. c. Your Committee further recommend that the Publication Committee be enlarged to the number of fifteen, nine of whom shall reside in the city of Philadelphia or vicinity ; that of this number five shall constitute a quorum for ordinary business, whose sittings shall be in the city of Philadelphia, but nothing shall be authoi'ized for publication, issued or endorsed by said Committee, except by a majority of its members. All publications to issue simultaneously in the two cities of New York and Philadelphia with the imprimatur of the Committee. — 1854, p. 508. The number of members was fixed at fifteen, divided into three classes, five going out of office yearly. — 1854, p. 508. 4. Name Changed to "The Presby-terian Publication Committee." —1855, p. 13, N. S. 5. Works of a General Evangelical Type to be Published. Besolved, That the Publication Committee be encouraged to publish not only such works as may present the peculiarities of our branch of the Christian Church in doctrine and practice, but from time to time such works of an evangelical character as may be profitable to the Church at large.— 1857, p. 410, N. S. . « 6. The Trustees of the Presbyterian House Authorized and Directed to Act as Trustees of the Publication Committee. Resolved, By the General Assembly of the Presbyterian Church in the United States of America, that " The Trustees of the Presbyterian House " be and they hereby are authorized and directed to act in their corporate capacity as trustees of the Permanent Committee of this Assembly, called " The Pi'esbyterian Publication Committee," as fully and in the same OF MISSIONS. 437 manner as if " The Presbyterian Publication Committee " were themselves constituted a corporation by the same authority which incorporated " The Trustees of the Presbyterian House." — Ibid., p. 410. See further New Digest, pp. 394-404, and Minutes, 1861-1869, N. S. 7. The Board of Publication Organized, 1870. The unfinished business, viz., the report of the Joint Committee on Pub- lication, was resumed, and, after amendment, was adopted as follows, viz. : The Special Committee of five from each of the recent branches of the Church, appointed "to take into consideration the attairs" of the Publica- tion Board and Committee of said branches, and to " recommend to the Assembly of the united Church what changes are required " in said Board and Committee, respectfully report : That they have endeavored to give the matter referred to them that earnest and prayerful consideration which its importance demands. They regard the work of the Church to be prosecuted through this agency as scarcely second to that of any of our Boards. It is not only closely related to our missionary enterprises, but is itself, in many of its aspects, a missionary work. Its aim is the dissemination of vital truth, both among congregations already established and among the people who are never reached by the heralds of salvation. It is at once auxiliary to the ministry and of itself a ministry. Every tract is, or should be, a message from God. Every Sunday-school book should be a preacher of righteousness. To effect this work involves a liberal use of money, of mind, and of every resource committed by God to human hands. The first necessity is a central house of publication, which should be endowed with every appliance needed for the preparation and the diffusion of religious literature. Economy, of course, should be studied. It is not, in our view, essential that large sums be invested in the machinery of pub- lication, such as presses and binderies. The use of this machinery can be commanded without purchase. But it is essential that a proper house be provided for the transaction of the business of this agency, and for the issue and circulation of its literature. The buildings erected for this pur- pose, and now under the control of the Assembly, are wholly inadequate. Both are small and ill-arranged. Neither has been found sufficient for the wants of the Church as divided; the work before the Church as united will be vastly greater than has ever yet been attempted. It is believed, also, that, so far as possible, all the operations of the united Church con- ducted from Philadelphia should be concentrated under one roof. The house of publication should be virtually a Presbyterian house, a centre and a home for the denomination, a rallying-puint for all the interests of the Church which the Assembly in its wisdom may localize in this city. The advantages of such a concentration in facilitating the transaction of the business of the Church, in promoting the general convenience, and in fostering a proper denominational life and spirit, are too obvious to require remark. But to effect this a new and extensive building must be erected ; and it is believed that the recognition of this necessity by the Assembly will so enlist the sympathy of the Church as to secure the ready accom- plishment of the plan submitted in the subjoined resolutions. The second necessity is an efficient Board and proper officers. The Board should be constituted, we believe, of a comparatively small num- ber of thoroughly practical, wise and energetic men, all of whom can be relied upon to attend the meetings of the Board, and to devote their per- sonal attention to its operations. This number should be larger than may 438 FORM OF GOVERNMENT. be required by the other Boards of the Church, inasmuch as its work will necessitate several sub-committees. It should be also somewhat larger thau may be required by the constitution of these sub-comniittees, in order that vacancies in the Committees themselves may be readily filled by men of experience, and in order that perplexing questions may be submitted to the wisdom of a full council ; yet the number should not be so large as to weaken a sense of individual responsibility. Experience has proved that a few men, each of whom can be easily reached, all of whom have a vital interest in the trusts confided to them, will perform any given labor more efliciently than a large Board whose members are so diS'used as to be seldom collected, or as to forget the claims of a duty whose immediate field is far away. The officers of this Board should be men adapted to their sphere, care- fully selected, in number sufficient to conduct the business placed in their hands, and so remunerated that they can devote their entire time and ener- gies to the work. The Board should also be empowered to employ such other assistants as in their judgment may be required. The thii*d necessity is the maintenance of a force of colporteurs suf- ficiently large to reach the outlying population of the laud by the gospel, and to prepare the way for the establishment of churches wherever they may be nuxde permanent and effectual. Provision should also be made for the supply of Sunday-school libraries and of the general literature of the Board on the liberal terms of an enlarged Christian benevolence. The fulfillment of these conditions will be found to require some changes, notwithstanding the admirable manner in which this work has been conducted hitherto. Our beloved Church has already accomplished so much in the direction indicated that we can refer to its past operations with just thanksgiving; but, while we think no great and radical changes in this department of our Christian work are desirable, the day has now come for an enlargement of all our plans — a fresh and more vigorous movement in the development of a spirit of enterprise for Christ. God's promises were always full. His providence now calls us to new- faith in the promises, and to a new consecration to that work with which the fulfillment of the sure and glorious prophecy is associated. We therefore respectfully recommend the adoption, by this General Assembly, of the following resolutions as comprehending the changes in our judgment required in order to the union and reorganization of the Presbyterian Board of Publication and the Presbyterian Publication Com- mittee, viz. : Resolved, 1. The said Board and Committee are hereby united under the name and title of the " Presbyterian Board of Publication." 2. The said Board shall henceforth be com})osed of forty-eight mem- bers, one half of whom shall be ministers and one half laymen. These members shall be divided into three classes, one class, containing eight ministers and eight laymen, after the present year to be elected annually by the General Assembly for a term of three years. 3. In order to an immediate and thorough reorganization of the Board, all persons now members of the Board and the Committee are discontin-. ued, and their membership ceases, and the following persons, taken in equal numbers from each of the late branches, are recommended to fill the three classes. For the class whose term shall expire in May, 1871 : J/»n'.s^er.s.— Alexander Reed, D. 1)., J. Grier Kalston, D. D., Robert M. Patterson, Thomas Murphv, Peter Stryker, D.D., Stephen W. Dana, Rich- ard H. Allen, D. D., William T. Eva. OF MISSIONS. 439 Laymen. — Henry E. Thomas, John Sibley, James T. Young, H. Lenox Hodge, M. D., Edward R. Hutchins, M. D., William L. Hildeburn, Wil- liam E. Camp, Horatio B. Lincoln. For the class whose term shall expire in May, 1872 : Mi)iisters. — George F. Wiswell, D. D., John W. Dulles, Daniel March, D. D., H. Augustus Smith, Willard M. Rice, D. D., F. Reck Harbaugh, Matthew B. Grier, D. D., Matthew Newkirk. Laymen. — George W. Simons, Joseph Allison, LL.D., Henry M. Paul, Edward Miller, James Ross Snowden, John D. McCord, Gilbert Combs, Gustavus S. Benson. For the class whose term shall expire in ]\Iay, 1873 : Mmi^iter.s.—^Y WWam P. Breed, D. D., William E. Schenck, D. D., Da- vid A. Cunningham, Benjamin L. Agnew, Zephaniah M. Humphrey, D. D., William E. Moore, Thomas J. Shepherd, D. D., Herrick Johnson, D. D. Laymen. — Morris Patterson, Winthrop Sargent, Archibald IMcIntyre, George Junkin, Samuel C. Perkins, William E. Tenbrook, Robert N. Wilson, Alexander Whilldin. 4. The said Board shall hold at least four regular meetings in the course of each year, in the months of June, October, Januaiy and April. Its first meeting shall be held at 821 Chestnut street, at four o'clock p. m., on the second Tuesday of June of the present year. 5. The executive officers of the Board shall be a secretary or secre- taries, whose titles and duties shall be defined by the Board, and a Trea- surer. 6. All other internal arrangements necessary for carrying out the pur- poses of its organization shall be made by the Board of Publication after its reorganization. 7. Each Presbytery is directed to appoint one or more of its members a Presbyterial Publication Committee; which Committee shall, in that Pres- bytery, supervise the work of securing an annual collection for this Board from each of its churches ; shall search out and recommend to the Board suitable persons to act as colporteurs ; shall correspond with the Board in reference to its work in that Presbyter}- ; and shall do whatever else may tend to promote the work and interests of the Board, and to secure a thor- ough distribution of the Board's publications within and throughout the bounds of the Presbytery. 8. All the property, of every kind, now owned by the "Presbyterian Board of Publication" and by the " Presbyterian Publication Committee," or held by any Board of Trustees for the use and benefit of either of them, is hereby directed to be united, and placed in possession of " The Trustees of the Presbyterian Board of Publication," incorporated by the Legisla- ture of the State of Pennsylvania, and whose charter was approved by the governor of that State on the 13th day of February, A. D. 1847. And in order that the late two branches of the Presbyterian Church, now happily reunited, may have, as nearly as possible, an equal representation in said Board of Trustees of the Presbyterian Board of Publication (there now being enough vacancies by death and resignation to effect the changes proposed), the Board of Publication is directed, at its next meeting in the month of June, to elect the following persons to be members of this Board of Trustees : For one year — Alexander Whilldin, Samuel C. Perkins, Archibald Mc- Intire. For tu'o years — Morris Patterson, William E. Tenbrook. For three years — George Junkin, James Ross Snowden and Robert N. Wilson. 440 FORM OF GOVERNMENT. 9. The "Trustees of the Presbyterian House" are hereby directed to convey, by a good and sufficient legal title, to "The Trustees of the Pres- byterian Board of Publication," the house and lot, Nos. 1334 and 1336 Chestnut street, now occupied by the Presbyterian Publication Committee in part as a book-store, and any other projjcrty now in their possession, or which may hereafter come into their possession, for the use of the Presby- terian Publication Committee. And should any legal difficulties be found in the way of making such a conveyance or transfer, then "The Trustees of the Presbyterian House" and "Tlie Trustees of the Presbyterian Board of Publication" are hereby directed to procure, as speedily as possible, such special enactments from the Legislature of this Slate, or decrees of any courts of competent jurisdiction, as shall remove those difficulties. 10. The General Assembly recommends the Board of Publication, as* soon as practicable after its reorganization, to sell its house and lot. No. 821 Chestnut street, and to provide a larger house, adequate to its now ex- tended operations, and to the prospective growth of its business, on the premises Nos. 1334 and 1336 Chestnut street, or in that vicinity. 11. In order that the above recommendation may be carried out, so as to provide ample accommodations for the Board's future business, and for all other Presbyterian interests in this city, it is recommended that the sum of one hundred thousand dollars be raised among our churches and people for the erection and equipment of said Presbyterian house, and all contributions made thereto shall be recognized as a part of the offering of five millions of dollars which it was at Pittsburg resolved to raise. 12. All the Committees and officers of the Board of Publication, and of the Publication Committee, are requested to continue to perform their respective duties as at present, until otherwise directed by the newly-or- ganized Board of Publication. 13. The Board of Publication and the Publication Committee are di- rected to submit to the next General Assembly, and each year thereafter, a full statement of the property of said Boards, consisting of real estate, copy-rights, books, paper, plates and any other assets, with an estimate of the value thereof — 1870, pp. 113-116. 8. The Sabbath-school "Work of the Board.— Three Branches. a. 1st. That the Board of Publication be instructed so to enlarge its ar- rangements as to make the Sabbath-school work a prominent and organic part of its operations ; and that it is exceedingly desirable that the entire congregations in our churches, old and young, be permanently connected with the Sabbath-school, either as scholars or teachers. 2d. That the Board, so enlarged in the sphere of its operations, keep before it these three branches of the Sabbath-school work : (A.) To furnish a complete literature for Sabbath-schools, consisting of its own and other well-selected books for libraries, helps of all kinds for the study of the Scriptures and catechism, periodicals for teachers and scholars, and all other apparatus fitted to give efficiency to the work of teaching. (B.) To establish such agencies as it may deem suitable for elevating the standard of teaching, and more thoroughly developing the great idea of Sabbath-schools — tliat of imparting the knowledge of God to the young and drawing them to the salvation of Christ. (C.) In appointing colporteurs, as far as possible, to select such persons as may also be suitable for Sabbath-school missionaries, and instruct them to establish Sabbath-schools in destitute localities, under the supervision of the Presbyteries. OF MISSIONS. 441 Sd. That the churches be urged to contribute more largely to the mis- sionary fund of this Board, to meet the increased expense which the work- ing of this branch of its operations will demand. — 1871, p. 524. b. In the Sabbath-school department the instructions of the last Assem- bly have been carried out. A general superintendent has been appointed — Mr. J. Bennet Tyler — who in January last entered upon his duties, has performed much preparatory work, and everywhere found interest and sympathy with the plans of the Assembly. To the Westminster series of Sabbath-school lessons for teachers and scholars three numbers have been added, in continuation of a plan which embraces a full curriculum of Bible study.— 1872, p. 20. 9. Charter of the Board. An Act to Incorporate " The Trustees of the Presbyterian Board of Publication." Whereas, The General Assembly of the Presbyterian Church in the United States of America have a Board of Publication composed of ministers and laymen of the Presbyterian Church, the design of which is "the publication of such works, perma- nent or periodical, as are adapted to promote sound learning and true religion ;" And Whereas, The aforesaid Board of Publication labors under serious disadvan- tages as to receiving donations and bequests, and as to the management of funds en- trusted to them for the purpose designated in their Constitution, and in accordance with the benevolent intentions of those from whom such bequests and donations are received; Therefore, Section 1. Be it enacted by the Senate and House of Representatives of the Com- monwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, that Matthew Newkirk, James N. Dickson, William S. Mar- tien, James B. Ross, Archibald Mclntyre, Joseph B. Mitchell, Alexander W. Mit- chell, M.D., Robert Soutter, Jr., and James Dunlap, citizens of the United States and of this Commonwealth, and their successors, are hereby constituted and declared to be a body politic and corporate, wliich shall henceforth be known by the name of "The Trustees of the Presbyterian Board of Publication," and as such shall have per- petual succession, and be able to sue and be sued in all courts of record, and else- where; and to purchase and receive, take and hold, to them and their successors, for ever, lands, tenements, hereditaments, goods, money and chattels, and all kinds of estate which may be devised, or bequeathed, or given to them ; and the same to sell, alien, demise and convey ; also to make a common seal, and the same to alter and re- new at their pleasure ; and also to make such rules, by-laws and ordinances as may be needful for the government of the said corporation, and not inconsistent with the Constitution and laws of the United States, and of this State ; Provided, always, that the clear yearly income of tiie real estate held by the said corporation shall not at any time exceed the sum of five thousand dollars. Sec. 2. The Trustees above named shall hold tl\eir offices for one year from the date of this incorporation, and until their successors are duly qualified to take their places ; who shall be chosen by the aforesaid Board of Publication, at such times and in such manner as shall be provided by the said General Assembly of the Presby- terian Cliurch in the United States of America, provided not more than one-third of the Trustees shall be removed in any one year. Sec. 3. The Trustees hereby incorporated, and their successors, shall (subject to the direction of the said Board of Publication) have full power to manage the funds and property committed to their care, in such manner as shall be deemed most advan- tageous, and not contrary to law. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS, Speaker of the Senate. Approved the thirteenth day of February, one thousand eight hundred and forty- seven: FR. R. SHUNK. 56 442 FORM OF GOVERNMENT. V. THE TRUSTEES OF THE CHURCH ERECTION FUND. 1. The Organization. The report of the Joint Committee on Church Erection was adopted, as follows : lu entering on their work the Committee found that the trusteeship of the Church Erection Fund was a chartered institution, formed under the laws of the State of New York, and possessed of a permanent fund of §126,000, more or less, of which about 890,000 were invested in interest- bearing securities in the State of New York, and the remainder in various liabilities given by feeble churches which had been aided. They also learned that, in accordance with certain amendments of the plan passed by the General Assembly which met at St. Louis in 1866, the system of loans had been abandoned, and a so-called Supplementary Fund created, to consist of the yearly interest of the Permanent Fund, together with such sums as should be raised by the annual contributions of the churches, all of which, in absolute donations, to be devoted to the current demands of the work. This Board of Trustees, having charge of both the Perma- nent and the Supplementary Fund by the terms of the charter, consists of nine members residing in New York or its vicinity, and are elected in classes from year to year by the General Assembly, according to the char- tered rules prescribed. On the other hand, the Committee learned that the Board of Church Extension, having its centre of operations in St. Louis, Mo., was without a charter and without permanent funds, holding only current receipts appropriated and unappropriated, together with certain temporary invest- ments in real estate ; that the said Board of Church Extension was there- fore free from any legal obstacles which might prevent a change either of location or of name, or stand in the way of its being united under the charter of the organized and localized Board of Church Erection. In view of these considerations the Joint Committee do respectfully and unanimously recommend — 1. That the operations of the United Church be carried on under the charter of " The Trustees of the Church Erection Fund of the Presby- terian Church in the United States of America," and that its location be continued in the city of New York. 2. That the members of the Boaixl be chosen impartially from both branches of the Church, that their number be twenty-one, consisting of ten ministers and eleven laymen acting in connection with the Presbyte- rian Church, and that the entire Board so formed be expected to meet at least once a year. 3. That fifteen members, seven ministei-s and eight laymen, shall reside in the city of New York or its vicinity ; that at an early day an amend- ment of the charter be obtained, authorizing these fifteen local members to act as trustees of the fund, but until such change shall be secured nine of the fifteen members shall continue to hold the said trusteeship under the provisions now existing. 4. That six members of the Board, three ministers and three laymen, shall be chosen from the West. This recommendation is made in view of the fact that certain properties held by the Board of Church Exten- sion are temporarily located in Missouri, and require a local supervision. It also seems desirable that the Board shall have representatives on the ground who may secure those grants of land which are so freely offered for church purposes by railroad and town companies throughout the West, also to have special oversight in the matter of insurance on church prop- OF MISSIONS. 443 ertiee — a matter of great importance, in which it is feared there is at pres- ent great neglect. 5. That a secretary be appointed who shall reside in New York, and whose functions shall be similar to those of the present secretaries of Church Erection and Church Extension ; also that the Board shall have authority to api^oint an additional secretary and define his duties. 6. While the Committee aiDpreciate and would earnestly encourage all local efforts to build churches and chapels in the cities and in Presbyte- ries by sj^ecial contributions, they unanimously recommend that the Assem- bly take the most efficient measures to secure an annual contribution from all the churches for the general work of the Board. The suburbs of our large cities must be cared for, but at the same time the demands of the great wastes of the continent are most imperative upon the whole Church. In conclusion, the Committee would express the hope that this depart- ment of the Church work, so fundamental to all permanent success, may be brought into greater prominence and receive a larger degree of favor and support. It should be not merely a passive resource to which the needy may resort for a stinted dole, but a powerful aggressive agency arousing and stimulating the Church to substantial conquest everywhere in the cities, on the prairies, along the railroads and on the far-off shores of the Pacific. In view of the fact that legal questions might arise in connection with some of the points in this report, Messrs. S. T. Bodine and J. C. Havens were appointed to consult legal authorities thereupon, and report to the Committee at a subsequent meeting. The Committee then adjourned to meet in the First Presbyterian Church of Philadelphia during the sessions of the General Assembly. At a conference of certain members of the Joint Committee, held iu Philadelphia since the sessions of the General Assembly began, a quorum not being present, Mr. Samuel T. Bodine rejiorted that he had consulted proi^er authorities iu regard to legal points iu the above report, and had obtained the following opinions : 1. That the Church Erection Fund, located by charter in the State of New York, would be embarrassed if not imperiled by any change in the place of business. 2. That at an early day steps should be taken to secure a change in the charter, raising the number of trustees from nine to twenty-one, of whom five shall constitute a quorum for the transaction of business. 3. That fifteen of the twenty-one members of the Board, namely, seven ministers and eight elders, should reside in the city of New York or its vicinity. — 1870, p. 11 G. 2. The Plan for the Custody, Care and Management of the Church Erection Fund, as Adopted by the Assembly of 1854 and Amend- ed by the Assembly of 1866, N. S. Preamble. The General Assembly of the Presbyterian Church in the United States of America having, through the liberality of the congregations connected with this body, established a Fund for the purpose of aiding feeble congre- gations in erecting houses of worship, do hereby adopt the following plan under which this Fund shall be held, administered and used : Article I. The Fund having been committed to the General Assembly as a spe- cial trust, no part of it as now established, nor any additions which may 444 FORM OF GOVERNMENT. hereafter be made to it, shall ever be used for any other purpose than that of aiding feeble congregations in connection with the General Assembly in erecting houses of worship, except so much as may be absolutely neces- sary to defray the expenses incident to the administration of this plan. Article II. The custody, care and management of this Fund, and of all securities of every kind belonging to it or growing out of it, together with all claims, dues and property that may at any time pertain to it, and all additions that may hereafter be made to it by donations, bequests or otherwise, shall be committed to a Board of Trustees, to be called " The Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America." The Board shall consist of twenty-one members, being ministers and elders in connection with some Presbytery or Church under the care of the General Assembly, who shall reside in the city of New York or its immediate vicinity, and whom the General Assembly shall elect by ballot on a nomination to be made at least one day before such election. The trustees shall continue in office until the election and induction of their successoi*s. The certificate of the stated clerk of the General Assembly shall be necessary to entitle a trustee to take his seat as a member of the Board, which certificate it shall be his duty to furnish as soon as practicable after the election. The trustees first elected shall arrange themselves into three equal classes. The term of office of the first class shall expire in one year from their election, that of the second class in two years, and that of the third class in three years. After the first election, the General Assembly shall annually elect trustees to supply the place of the class whose term is about to expire, to hold their office for three years, the same persons always being re-eligible ; and each General Assembly shall also by election sup- ply any vacancy in the Board caused by death, resignation or otherwise. If any trustee shall, during the term for which he is elected, cease to be connected with a Presbytery or Church under the care of the General Assembly, he shall thereby cease to be a member of the Board, and the vacancy shall be reported to the next General Assembly. Article III. The first meeting of the Board shall be held on the second Tuesday of June next, in the city of New York, at such place and hour as the stated clerk of the General Assembly may appoint, who shall preside until the Board is organized by the choice of its president. Article IV. The Board shall make their own By-Laws. They shall annually, at their first meeting after the adjournment of the General Assembly, elect one of their number President of the Board, and shall appoint a Secre- tary and a Treasurer, who shall give security to the Board for the faithful performance of his duties. They shall keep complete books of record and account, in which shall be recorded all their proceedings, and the true state at all times of all matters relating to this Fund, which records and accounts, or any part of them, shall at all times be open to the inspection of any Committee appointed by the General Assembly for this purpose. They shall also keep full and correct copies and files of all the corre- spondence which may be conducted or received by them or in their name, and shall annually present to the General Assembly, not later than the OF MISSIONS. 445 third day of its sessions, a full report of their proceedings and of the state of the Fund, together with any suggestions or recommendations which they may deem necessary or suitable. Article V. The Board are hereby directed, either by procuring a special act of the Legislature of the State of New York, or in accordance with the existing statutes of said State, to incorporate themselves and their successors in office, always to be elected, as aforesaid into a body corporate and politic, invested with all such legal powers as may be necessary to enable them to hold and administer this Fund in conformity with the provisions of this plan. Article VI. The Board is directed to invest and to keep at interest on sufficient security the Fund as now established, and as the same shall hereafter be increased by gift, bequest or otherwise. Article VII. The Board shall prepare blank forms of all such legal and other papers as may be I'equired for the proper distribution and management of the Fund and accruing interest ; the forms so prepared and furnished, and none others, shall be used in all matters and transactions relating to the Fund to which they may be applicable. They shall designate such legal advisers within the bounds of each Synod as, by a correspondence with the Church Extension Committees of the Synods, may be found desirable, to examine all certificates of title and all conveyances and other documents connected with the donation of any part of the accruing interest, includ- ing a careful investigation in regard to the legal incorporation of the Board of Trustees of the congregations concerned, and they shall further have power to appoint an agent in each Synod, and to require that all payments of money that may become due to this Fund shall be made to such agent. Article VIII. In oi'der to be entitled to the use of any portion of the accruing inte- rest, each Synod connected with the General Assembly shall annually elect a Committee on Church Extension, consisting of at least five mem- bers. The stated clerk of the Synod shall, immediately after the election of the said Committee, transfer to the President and Secretary of the Board his certificate of such election, giving the name and residence of each member. Article IX. All applications for aid shall be made, in the first instance, to the Com- mittee on Church Extension of the Presbytery to which the applicants belong, or within whose bounds they are situated. Every such applica- tion shall be in writing, and shall particularly state. The location of the house or site for its erection ; the number of families or persons attached to the congregation or that propose to unite in building a house of wor- ship ; the description of the house which they propose to build, with its estimated and probable cost, or the description and cost of the house and lot owned by the . congregation ; the amount of reliable subscriptions which have been obtained, and how much has been paid thereon ; the amount of available means possessed by the congregation, if any ; whether 446 FORM OF GOVERNMENT. the congregation is in debt, and if so to what amount and when the same becomes due; and also any other facts which may aid the Committee of the Synod in judging of the application. This application shall be accom- panied by the certitieate of one of the legal advisers of the Board that the title to the lot on which the house is to be built is vested in said con- gregation, and is free from all legal encumbrance and liability. Article X. If the Committee of the Synod, to whom application for aid has been made as above provided, shall, after a careful examination into the con- dition and prospects of the -congregation so applying, be satisfied that such congregation have done all that should reasonably be expected of - them, and that with the aid which can be atibrded from the accruing inte- rest, and the voluntary contributions hereinafter mentioned, they can build or possess a house of worship adapted to their wants and be free from indebtedness, then the Committee shall sign a certificate addressed to the Board, stating the application, and that they have examined and approve of it, and also stating the amount which it is proper to donate to the con- gregation. This certificate, together with the application made to the Committee of the Synod, shall be transmitted to the Board. On the receipt thereof, in due form, the Board shall as soon as pi'acticable, if the application is granted, forward the necessary papers, to be executed by the trustees of the congregation, and to be approved by their legal adviser, or some other attorney proposed by the congregation and accepted by the Board. When the papers so executed, approved and properly recorded are returned to the Board, they shall authorize the treasurer of the trus- tees of the congregation, or any other person duly appointed by them for this purpose, to draw on the Treasurer of the Board for the amount thus applied for and donated. Article XI. The Board shall not in any case donate any portion of the accruing interest to any congregation, unless such congregation own in fee simple and free from all legal encumbrance the lot on which their house of wor- ship is situated, or on which they propose to build, nor shall any donation be made for the payment of any debt, except that which may have been contracted Avithin one year previous in erecting a house of worship. The sum donated to any congregation shall never be more than one- third of the amount contributed and secured by them for the house and lot. The condition of all donations from this source shall be that, in case the church or congregation shall cease to be connected with the General Assembly, or their corporate existence shall cease, or their house of wor- ship be alienated except for the building or purchase of a better house of worship, they shall refund to the Board the amount which they have so received, w'ith interest from the time of receiving it. The fulfillment of the above condition shall, in all cases, be secured by the bond of the trustees of the congregation, and a mortgage on their house and lot made in favor of the Board, which bond and mortgage, duly executed and recorded, shall always be placed in the possession of the Board before any money is paid over to the congregation. Article XII. In accepting this trust and adopting this plan, the General Assembly hereby declares that the first article shall admit of no alteration or amend- OF MISSIONS. 447 ment, and that no change shall be made in any other part of the plan by an)^ future General Assembly, except by an affirmative vote of two-thirds of all the members whose names have been entered upon the roll. SuPrLEMENTARY ARTICLE. As supplementary to this plan, and in order to enable the Board fully to meet all the reasonable demancls of feeble congregations for aid in erect- ing houses of public worship, the General Assembly earnestly recommends all the congregations within its bounds to take up annual collections and transmit them to the Treasurer of the Board, to be appropriated by said Board, and distributed by gift for the objects contemplated in the plan, and on tlie conditions and limitations prescribed therein. And the better to secure this end, it shall be the duty of the Board to present with their annual report an estimate of the amount probably needed for the ensuing year, together with the facts and reasons upon which such estimate is based, in order that the Assembly may determine the amount it will recommend the churches to raise by voluntary contri- bution. It was further Resolved, That the plan of Church Erection now adopted be put into operation upon, and take effect from, the first day of August, 1866.— 1866, pp. 254-258. 3. Charter of the Church Erection Fund. An Act to incorporate the Trustees of the Church Erection Fund of the General Assembly of the Presbvterian Church in the United States of America. — Passed March 31, 1855. The people of the Slate of New York, represented in Senate and Assembly, do enact as follows : Section 1. Samuel T. Spear, Asa D. Smith, Edwin F. Hatfield, .James W. McLane, Walter S. Griffith, Oliver H. Lee, Norman "White, William E. Dodge and Stephen H. Thaver (designated fur the purpose by the General Assembly of the Presbyterian Church which met in Philadelphia, in May, 185-4), and their successors in office, are hereby constituted a body corporate and politic, by the name of " The Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America," for the purpose of aiding feeble congregations in connec- tion with the said General Assembly in erecting houses of worsliip, and by that name they and their successors shall and may have perpetual succession ; provided, that no money shall be furnished by said corporation for the erection of any house of worship in any State or territory, in which there shall exist at the time a law for the incorpo- ration of religious societies, the title to which is not held by a religious corporation under and according to the laws of the respective States or territories in wliich such places of worsliip are located; provided, also, that the title shall in no instance be vested in any priest, bishop or other ecclesiastic. Sec. 2. The said corporation shall possess the general powers, and be subject to the provisions, contained in title 3 of chap, xviii. of the 1st part of the Revised Statutes, so far as the same are applicable and have not been repealed or modified. Sec. 3. The management and disposition of the aflairs and funds of said corpora- tion shall be vested in the individuals named in the 1st section of this Act, and their successors in office, who shall remain in office for such period, and be displaced and suc- ceeded by others, to be elected at such time and in such manner as the said General Assembly shall direct and appoint; and such election shall be made, and the said funds shall be held and administered, invested and disposed of, for the purposes afore- said, in conformit}' with the provisions of the plan adopted by the said General As- sembly. Sec. 4. The said corporation shall in law be capable of taking, receiving and hold- ing any real or personal estate which has been or may hereafter be given, devised or bequeathed to them for the purjiose of their incorporation, or which shall accrue from the use of said fund ; but the said corporation shall not take and hold real and per- sonal estate above the sum of two liundred and fifty thousand dollais. 448 FORxM OF GOVERNMENT. Sec. 5. This Act shall take effect immediately. State of New York, \ Secretary's Office. / I have compared the preceding with the original law on file in this office, and I do hereby certify that the same is a correct transcript therefrom, and of the whole of such original. Given under my hand and seal of office, at the City of Albany, this [L. S.] second day of April, 1855. A. G. JOHNSON, Dep. Secretary of State. THE CHARTEE AMENDED. An Act to amend an Act entitled "An Act to incorporate the Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America," passed March 31, 1855. — Passed March 27, 1871. The People of the State of New York, represented in Senate and Assembly, do enact as folloivs: Section 1. Section one of the " Act to incorporate the Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America," passed March thirty-first, eighteen hundred and fifty-five, is hereby amended so as to read as follows: § 1. Joseph Fewsiuitli, John Thompson, Elijah R. Craven, Norman Seaver, John Hall, Charles A. Dickey, Frank F. Ellinwood, Morris C. Sutphen, Henry R. Wilson, Samuel J. Niccolls, Joseph R. Skidmore, Frederick G. Burnham, Jonathan C. Ha- vens, Otis D. Swan, George AV. Lane, John P. Crosby, Winthrop S. Oilman, Nathan Lane, Hezekiah King, Russell Scarrilt, .James M. Brauner (designated for the pur- pose by the General Assembly of the Presbyterian Ciuu-ch whicii met in Piiiladel- phia in May, eighteen hundred and seventy), and their successors in office, are hereby constituted a body corporate and politic, by the name of " The Board of the Ciiurch Erection Fund of the General Assembly of the Presbyterian Church in the United States of America," for the purpose of aiding feeble congregations in connection with the said General Assembly in erecting houses of worship, and by that name they and their successors shall and may have perpetual succession ; piovided, that no money shall be furnished by said corporation for the erection of any house of worship in any State or territory, in which there shall exist at the time a law for the incorporation of religious societies, the title to wiiich is not held by a religious corporation under and according to the laws of the respective States or territories in which such places of worship are created ; provided, also, that the title shall in no instance be vested in any priest, bishop or other ecclesiastic. I 2. All acts done by said Trustees, in the proper performance of their trust, since their designation by said General Assembly, are hereby ratified and confirmed. § 3. This Act sliall take effect immediately. State of New York, 1 Office of the Secretary of State, J * ' I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of the said original law. Given under my hand and seal of office, at the city of Albany, this first [L. S.] day of May, in the year one thousand eight hundred and seventv- one. D. WILLERS, Jr., Dep. Secretary of State. VI. RELIEF FUND FOR DISABLED MINISTERS, AND THE WIDOWS AND ORPHANS OF DECEASED MINISTERS. a. "The Assembly of 1849, 0. S., adopted the following, viz. : Whereas, There are many disabled and superannuated ministers in con- nection with the Presbyterian Church, and widows and families of Pres- byterian ministers who are in indigent circumstances, and as the Church increases their number is likely to increase; and whereas it is the duty of the Church to provide for those who have devoted their time and spent OF MISSIONS. 449 their energies in her service, and also for their families ; and -whereas no local provision can effectually meet this object, and no efficient general provision has ever yet been made; therefore, Resolved, 1. That in order to constitute a fund for the support of the widows and families of deceased ministers, and for the relief of superan- nuated and disabled living ministers, it is hereby enjoined upon all our Synods and Presbyteries to take such action as may secure a contribution annually. Resolved, 2. That a column be added to the table of Statistical Reports for these contributions. Resolved, 3. That the funds thus contributed be placed in the hands of the Board of Trustees of the General Assembly, to be disbursed by the Board of Publication upon the recommendation of Presbyteries, as the funds for Domestic Missions, Education and Church Extension are now appropriated. Resolved, 4. That in order to the founding of a permanent fund for this same object, special contributions and legacies be invited from all parts of the Church, the principal of which shall be safely invested by the Board of Trustees of the General Assembly, and the interest to be added to the general fund provided for in a foregoing resolution. — 1849, p. 266, O. S. Overture No. 25. A request from the Board of Publication, in answer to which the following minute was ordered, at the recommendation of the Committee, viz. : The duty of disbursing the fund in aid of superannuated and disabled ministers and their families is hereby transferred from the Board of Pub- lication to the trustees of the General Assembly. — 1852, p. 224, O. S. On a report of the trustees the Assembly adopted the following, viz.: 1. Resolved, That it be earnestly recommended to the Presbyteries to take such action in regard to this matter as will tend to bring up the Church to the performance of her duty in regard thereto. 2. Resolved, That every minister and church session be earnestly re- quested to present this subject to their congregation during the coming- year, and obtain a contribution to the object; which contribution shall be transmitted to the treasurer of the Board of Trustees of the General Assembly, to be disbursed in an economical way, and upon an equitable ratio, upon application made through the Presbytery to which the party applying for relief naturally belongs, or a Committee of that Presbytery j the Board to report to the next General Assembly. — 1856, p. 533, O. S. A Committee was also ap})ointed to digest and report to the next As- sembly a scheme for future operations. [See the report.— 1857, p. 218.] b. The Assembly of 1861, N. S., in answer to an overture from the Presbytery of the District of Columbia, "On the subject of raising a fund to be applied to the aid of disabled ministers and their families," appointed a Committee, to report to the next Assembly a plan of operations. — 1861, p. 473. The Committee was enlarged and continued (1862, p. 38); dis- charged and a new Committee appointed (1863, p. 280). This Committee reported (1864, pp. 497-502), and the followino; was adopted : Resolved, 1. That a fund, to be called " The Ministerial Relief Fund," for the relief of disabled ministers of good and regular standing, in con- nection with this body, and the families of ministers who have deceased W'hile in our connection, be constituted, to be supplied by annual collec- tions in all our churches, donations and legacies. Resolved, 2. That in order to constitute and maintain such fund, it is 57 450 FORM OF GOVERNMENT. hereby enjoined upon all our Presbyteries to take such action as shall se- cure from every church an annual contribution thereto. Resolved, 3. Tliat this fund be entrusted to the trustees of the Presby- terian House, to be by thetn disbursed upon the recommendation of Pres- byteries, upon such principles and rules of distribution as they shall deem most equal and beneficial. Resolved, 4. That for the special oversight and care of the interest thus committed to them, the trustees are authorized to appoint a secretary, pre- scribe his duties and determine his salary. — 1864, p. 502, N. S. That every Presbytery be directed to appoint a Standing Committee, whose duty it shall be to inquire into the necessities of disabled ministers, and of the widows and orphans of those deceased, with a view of bringing the cases of such to the notice of the Executive Committee of the Relief Fund.— 1865, p. 30, N. S. 1. The Present Organization. The Relief Fund for Disabled MINIt^TERs, and the Widows AND Orphans of Deceased Ministers, is committed by the Assembly to the Board of Trustees of the General Assembly, according to the fol- lowing : The report of the Joint Committee on Ministerial Relief was taken from the docket, amended and adopted as follows : The Joint Conunittee appointed to take into consideration the affairs of the Fund for Disabled Ministers and their Families, and of the Ministerial Relief Fund, respectfully report to the Assembly that they have attended to the duty assigned them, and that they unanimously recommend the adoption of the following resolutions: 1. That the fund be designated " The Relief Fund for Disabled Minis- ters and the Widows and Orphans of Deceased Ministers." 2. That the "Trustees of the General Assembly" shall annually, at as early a day as pi-acticable after the rising of the Assembly, elect a secre- tary and a treasurer, and four of their number, who, for the present year, shall be a Committee to take charge of the management of this fund. 3. That the trustees of the General Assembly be recommended to cor.- tinue in office the present secretaries of the two funds, the one to be the secretary of the Relief Fund and the other to be the treasurer. 4. Tliat the " Trustees of the Presbyterian House," and the " Trustees of the General Assembly," be directed to pay the income accruing from investments held by them respectively for the purposes of this fund to the treasurer of the Relief Fund. — 1870, p. 123. 2. The Funds are Disbursed according to the following Rules, approved by the Assembly of 1871. 1. The stated meetings of the Committee shall be held on the 3d Tues- day of each month, at four o'clock p. M., unless otherwise ordered. A special meeting may be called at any time by the chairman, or, in case of his absence, at the request of any two members of the Committee. 2. -All appropriiitions must be made on the recommendation of that Presbvterv to which the ap])licant most naturally belongs, or of a Stand- ing Committee of that Presbytery. Only members of the Presbyteries in connection with the General Assembly, and the families who were at their death in such connection, are entitled to aid. 3. Appropriations are made for one year; and if aid is continued, the recommendations must be renewed from year to year. OF MISSIONS. 451 4. Applications for aid should, in the case of a minister, state his age, his circumstances, and the number of years he has been in the ministry; and in the case of a deceased minister's family, the applicaticm should state the circumstances of the widow, and the sex and ages of the orphan children who are dependent on her for support. 5. While the responsibility of recommending applicants rests with the Presbyteries, and shall largely govern the action of the Committee, yet the Committee reserves to itself the right to appropriate according to the merits of each case and the state of the treasury. H. Ordinarily, appropriations shall be made semi-annually in two equal installments. VII. THE PRESBYTERIAN COMMITTEE OF MISSIONS FOR FREEDMEN. 1. The Plan Adopted in 1870. In view, therefore, of all the papers submitted, and of the whole sub- ject as we have been able to examine it, your Committee would recom- mend the adoption of the following res(.)lutions, to wit : Resolved, 1. That the Assembly's Committee on Freedmen, and the Freed- men's Department of the Presbyterian Committee of Home Missions, and their secretaries, are hereby commended for their fidelity and energy in. the prosecution of the work committed to their charge, that their reports be printed for circulation in the churches, and that they be directed to continue the work until the reorganizatier of the church and congregation the opportunity of such stated contribution, according to the apostolic order (1 C«r. xvi. 2) ; that so every church seeking aid may give every reasonable assurance of self-aid, as an ordinance of worship iu the wav of God's appointment, and according as it has gone well with them. VI. That in like manner not only such churches as are aided by this scheme, but every church session, be required by the General Assembly to set on foot forthwith and earnestly to prosecute a plan that shall extend to every member of the congregation an opiX)rtunity of contributing to this cause (and to all the Boards of the Church), either by the envelope system or by coUectoi-s reaching each in person, and that the Presbyteries be enjoined to see to it that this requirement is complied with. Many of our churches give nothing to our great schemes of beneficence. Many in our best churches are not reached by the ordinary method. It is the plain duty of the officers to afford to each worshiper the opportunity to contribute, and every church has a right to this means of education and cultivation in the divine life; and then the mites are mighty. " The power of the Uttles" as Chalmers pleaded for it, wrought such distinguished suc- cess for his church schemes. VII. To cultivate the principle of ministerial fraternity and sympathy, that each pastor shall aim to secure from his i^eople an amount equal to at least one-twentieth (and rather one-tenth) of his own salary annually toward supplementing the salaries under this scheme. VIII. That each church be required to re{>ort through the Presbytery to the General Assembly the pastor's salary actually paid by them for the year, and any arrearage if there be any, and that this be published in a separate column of the Assembly's minutes year by year. This is regarded as of great importance, in order thus to lay l>are the whole subject to the eyes of the Church at large and of the individual churches; that thus each church may compare what they are dicing with the membersliip and with the average of other churches, so that the delin- quent may be stimuhiteioner from the Presby- tery of Lodiana, in Northern India, was admitted without scruple to a seat in that body, though it is evident that his appointment must have been made beyond the limits of time prescribed by the Constitution. The peculiar circumstances of the case no doubt influenced, and we believe authorized, that Assembly to act as they did in the premises. — 1846, p. 214, O. S. d. Mr. Joseph B. Junkin, ruling elder of the Presbytery of the Creek Kation, produces such evidence tiiat it is the desire of his Presbytery that he should represent it as a connnissioner in this Assembly, that, consider- ing the remote situation of the Presbytery, the difficulty of his po.sition, and the whole bearing of the case, Mr. Junkin may be safely allowed to take his seat, without the iVssendily thereby establishing any precedent to operate beyond the immediate case. The Committee is therefore of opin- ion that, though he was not regularly elected, he ought to be allowed to take his seat as a mend:)er of the body. — 1853, p. 426, O. S. e. In the following case it appeared from the evidence that the brethren of the mission designed to make the appointment. No communication, however, had been received from them since the meeting of the Pres- bytery. 464 foe:m of goveexmext. The Eev. J. L. Scott, missionary in Northern India, being present from the Presbytery of Furrukhabad without a commission, but with evidence of having been duly appointed, was, on motion of Dr. R. J. Breckenridge, from the Committee on Elections, admitted to a seat, and regularly en- rolled.—1853, p. 430, O. S. 2. No Election throug-h Presbytery Failing to Meet. a. The Committee on Elections further reported, in the case of Mr. Da- vid M. Smith, that it appeared to their satisfaction that the Presbytery of Columbia failed to form a quorum at the time at which their stated spring meeting should have been held according to adjournment; that there were present two ministers and ruling elders from a majority of the churches, the Presbytery consisting only of five ministers; that those pres- ent requested that the Assembly would receive Mr. Smith as a commis- sioner from their Presbytery, in which request two of the absent members have expressed their concurrence in writing; and that it is believed that the appointment of Mr. Smith would have been unanimous had the Pres- bytery formed a quorum ; and further, that the Committee are divided upon the question whether, under these circumstances, Mr. Smith ought or ought not to be admitted to a seat. It was moved that Mr. Smith be admitted to a seat. After debate the question was decided in the nega- tive.—1843, p. 171, O. S. b. The same Committee also reported that Hamilton Smith, a ruling elder from the Presbytery of Upper iSIissouri, had appeared without a commission, but with a written request from several ministers and ruling elders of that Presbytery, wliich had been able to secure no quorum for two vears past, that he be allowed to sit as commissioner. Admitted. — I860, p. 538, O. S. c. The Rev. L. M. Miller, D. D., Chairman of the Committee on Elec- tions, presented the following report, which was adopted, and the Rev. George W. Chamberlain was ordered to be enrolled : The Committee on Elections would report that the Rev. George "W. Chamberlain, of the Presbytery of Rio de Janeiro, Brazil, is present with- out a commission. Mr. Chamberlain asks admission to the Assembly on this ground : He was appointed a commissioner regularly to the Assem- bly of last year, and attended. He has remained in this country ever since, doing work in behalf of his mission in that country. Only three ministers belonging to that Presbytery remained in Brazil. A meeting was appointed in which it was intended to recommission Mr. Chamber- lain. Just previous to the time indicated, the Rev. Mr. Simonton, one of the Presbyters, died, and thus prevented organization. The members re- maining desire that he may be permitted to re])resent that Presbytery in this Assembly. The only principle which liears upon the case is found in the Digest on page 286, sec. 129. The Committee recommends that the Assemblv act upon the questicm of liis admissio)i without discussion. — 1868, p. 620, O. S. d. That Rev. Ira M. Condit, of the Presbytery of Canton, is bearer of an informal appointment, signed by all the members of Presbytery who were in Canton at the time; when, however, a quorum could not be as- senibled on account of the absence of several members in this country. He was admitted to a seat. — 1869, p. 890, O. S. OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 465 3. Commissioners should Attend to the Close of the Session. — Presbyteries to Call their Commissioners to Account. a. Whereas, Many members of the General Assembly are, from year to year, in the habit of asking leave of absence long before its sessions are closed ; and whereas, in receiving and acting ui)on these ajiplications, much of the time of the Assembly is consumed, and much of the most imporiant business has to be transacted by few members ; therefore, Reaolved, 1. That the Presbyteries be directed to pay pai'ticular atten- tion to the following minute, found in vol. i., p. 308, of Printed Extracts, and also in Digest, p. 76, viz. : " The Presbyteries are informed that their commissioners should attend with the expectation that the sessions will be of two weeks' continuance, and that arrangements should be made ac- cordingly. Resolved, 2. That it be recommended to the Presbyteries to inform their commissioners, when they accept an appointment, that it is expected they will continue in the Assembly until the close of its sessions, unless some unforeseen and imperious reason should require them to ask leave of ab- sence. Beso/ved, 3. That each Presbytery require their commissioners to report whether they attended the sessions of the Assembly the Avhole time, and that the report of the commissioners on this subject be recorded on the minutes of the Presbytery. — 1824, p. 119. b. The Committee on Leave of Absence beg leave to submit to the Gen- eral Assembly that, Avhereas it both fulfills the requirements of our ex- cellent Church polity, and facilitates the business of the Assembly, and also should be regarded as both a duty and a privilege, for elders as well as ministers to attend its sessions ; therefore be it Resolved, That elders and ministers who from time to time may repre- sent the Presbyteries in General Assembly be earnestly requested to ar- range their business, as far as possible, before leaving home, that they may remain to the end of its sessions, and thus fulfill their high commissions,, and enjoy the valued privileges as members of the highest judicatory of our Church. The resolution was adopted. — 1862, p. 38, N. S. c. On the recommendation of the Standing Committee on Leave of Ab- sence, it was — Resolved, That the General Assembly earnestly recommend to its Pres- byteries, as far as possible, the appointment as commissioners of those only who are able and willing to remain to the close of its sessions, to the end that all the work of the Assembly may be performed by all its mem- bers.—1867, p. 499, N. S. [See under Form of Government, chap, xii., sec. ii.] 4, Commissioners from Ne"W Presbyteries. a. The Committee to which was referred an overture on the subject of admitting commissioners from newly-formed Presbyteries to seats in thia house reported the following resolutions, which were adopted, viz.: 1, Resolved, That it be adopted as a standing rule of this house that commissioners from newly-formed Presbyteries shall, before taking their seats as members of this body, produce satisfactory evidence that the Pres- bvteries to which they belong have been regularly organized according to the Constitution of the Church, and are in connection with the General Assembly. 2. Resolved, also, That such commissioners shall be entitled to furnisk 59 466 FORM OF GOVERNMENT. the evidence required in the foregoing resolution before the house shall proceed to the choice of a moderator. — 1822, p. 48. h. Resolved, 1. That no commissioner from a newly-formed Presbytery shall be permitted to take his seat, nor shall such commissioner be re- ported by the Committee on Commissions, until the Presbytery shall have been duly reported by the Synod and recognized as such by the Assembly, and that the same rule apply when the name of any Presbytery has been changed. 2. When it shall appear to the satisfaction of the General Assembly that any new Presbytery has been formed for the purpose of unduly in- creasing the representation, the General Assembly will, by a vote of the majority, refuse to receive the delegates of Presbyteries so formed, and may direct the Synod to which such Presbytery belongs to reunite it to the Presbytery or Presbyteries to which the members were before attached. —1837, p. 446. 6. Oonamissioners not Ruling Elders under the Plan of Union. [Under the "Plan of Union" in several cases members of "Standing Committees" not ordained elders were admitted as commissioners to the Assembly.— 1820, pp. 721-724; 1826, pp. 164, 178, 181; 1831, p. 318. Growing out of the last case was the following :] Resolved, That in the opinion of the General Assembly the appointment by some Presbyteries, as has occurred in a few cases, of members of Stand- ing Committees to be members of the General Assembly, is inexpedient and of questionable constitutionality, and therefore ought not in future to be made. The yeas and nays on this resolution were taken and required to be re- corded, and are as follows, viz., yeas 81, nays 54. — 1831, p. 338. The next year the commissions of two " members of Standing Commit- tees, instead of ruling elders, from the Presbytery of Grand River," were referred to the Committee on Commissions, and by it reported to the As- sembly as withdrawn by the person presenting them. — 1832, pp. 354-356. The Committee also reported that Mr. Erastus Upson, a Standing Com- mittee-man from the Presbytery of Oswego, had been appointed a member of this body. A motion was made to refer this case to the Committee on Elections, which was negatived. It was then resolved that Mr. Upson have leave to withdraw his appli- cation.—1833, p. 392. 6. A Commissioner, having taken his Seat, may not Resign it to his Alternate or Principal. [From the origin of the General Assembly, it was frequent usage for the principal to resign his seat to the alternate, and vice versa. Put in 1827 the f a complete record ; and pending the motion, the court rose. The motion to remit the case to the Synod of New Jersey was with- drawn ; when it was agreed by the court that the paper offered this morn- ing be read, which was done. — 1841, p. 428, O. S. 4. Minutes of Interlocutory Meetings in Judicial Cases should be Recorded; also Report of Judicial Committee in the Case. The Presbytery of Louisiana should have recorded the results of the interlocutory meeting referred to in the complaint. The Synod acted un- constitutionally in permitting the Presbytery of Louisiana to vote on the adoption of the report of the Judicial Committee on the complaint of Rev. Mr. Smylie. The Synod should have placed on its records the above-mentioned re- port.—1850, p. 481, O. S. See the case in full under chap, vii., sec. iii., sub-sec. x. See also for illustrations of the principle stated under chap, vii., sec. iii., sub-sec. viii. OF PROCESS AGAINST A BISHOP OR MINISTER. 517 5. Everything Influencing the Judgment of the Judicatory should be Spread upon the Records. The Synod of Illinois have not discharged their duty. They ought to have spread upon their record everything which influenced their judgment in the case, and also to have sent to this Assembly authentic copies of the whole proceedings, with all the documents which had been regularly be- fore them.— 1840, p. 302, O. S. CHAPTER V. OF PROCESS AGAINST A BISHOP OR MINISTER. I. As the honor and success of the gospel depend, in a great mea- sure, on the character of its ministers, each Presbytery ought, with the greatest care and impartiality, to watch over the personal and pro- fessional conduct of all its members. But as, on the one hand, no minister ought, on account of his office, to be screened from the hand of justice, nor his offences to be slightly censured; so neither ought scandalous charges to be received against him, by any judicatory, on slight grounds. See under Form of Government, chap, x., sec. viii., and Discij)liue, chap, i., sec. iii. II. Process against a gospel minister shall always be entered before the Presbytery of which he is a member. And the same candor, cau- tion, and general method, substituting only the Presbytery for the session, are to be observed in investigating charges against him, as are prescribed in the case of private members. 1. Discipline of a Minister can be only by his own Presbytery. A proposition from the Presbytery of West Lexington and Louisville, to the Assembly to authorize them to prosecute ministers of other Presby- teries, who may preach heresy within their bounds, was taken up and read. Whereupon it was resolved, That the Constitution in sees, ii., iii. or iv., of chap, v., of the Book of Discipline, contains sufficient provision on the subject overtured, — 1835, p. 476. 2. Even when Non-resident. a. The Presbytery of New York represented to Synod that one of their members now resided in the bounds of New Brunswick Presbytery, whose moral character labored under some imputatione., and requested the ad- vice of Synod as to which of the Presbyteries should make the inquiry into that matter, whereupon the Synod judged it to be the duty of the Presbytery of New York.— 1782, p. 495. [See under v., iii., below.] 518 OF DISCIPLINE. b. Difficulty of Process does not relieve the Presbyter// of Besponsibility. — Discipline by Boards of Missions, etc., not Recognized. The Committee ou the Polity of the Church made a report, which was adopted, and is as follows : The Third Presbytery of New York, by overture, inquire what order it would be proper for them to take with reference to a member who has been excluded from Christian fellowship by a ministerial association under the patronage of the A. B. C. F. M., and dismissed from the service of that Board for immorality, and with whom a regular process of discipline by the Presbytery is difficult, ou account of his distance from them and from any ecclesiastical body of our connection. The General Assembly reply, that the ecclesiastical relations of the individual in question evidently re- main unchanged by the action of persons not organized under any dis- tinct form of government, and especially not guided by the principles of discipline to which he was subject ; and the only correct course for the Presbytery to take, if they regard him as a proper subject of discipline, is to pursue precisely the forms of process given in our Book of Discipline, however difficult or protracted the actual process may be. — 1856, p. 194, K S. c. The Board's Discretion as to Expediency of Apjpointment. The Committee, to whom was recommitted the report ou Overture No. 9, made the following report, wdiich was adopted, viz. : In answer to the questions propounded by the Presbyteries of Union and French Broad, the Assembly would say, that though they do not recognize in the Board of Missions the authority to sit in judgment upou the orthodoxy or morality of any minister who is in good standing in his own Presbytery, yet, from the necessity of the case, they must exercise their own sound discretion upon the expediency or inexpediency of ap- pointing or withholding an appointment from any applicant, holding them- selves amenable to the General Assembly for all their official acts. — 1830, p. 290. 3. On Petition for Restoration.— Case Transferred to the Presby- tery in "Which the Party Resides, a. Resolved, That the case of Mr. George Bourne be referred to the Presbytery of New York, in whose bounds he now resides; and it is hereby ordered that the Presbytery of New York be furnished by the Presbytery of Lexington with all the documents relative to the deposition of ]\Ir. Bourne ; that they receive testimony as to the character and deportment of Mr. Bourne since his deposition, and also the evidences of repentance which Mr. Bourne may furnish. And it is ordered, moreover, that the said Presbytery of New York do proceed to issue the case, and either continue the sentence of deposition or restore him, the said Bourue, to the gospel ministry, as they may judge proper. — 1824, p. 124. b. The Judicial Committee presented the following supplementary re- port: 10. Case of C. J. Abbott. In the year 1860, Mr. Abbott was tried, on what was declared to be a charge of common fame, by the Presbytery of St. Louis, and deposed from his office as a minister of the gospel. The Synod, at a meeting in the same year, confirmed the action of the Presby- tery. Mr. Abbott gave notice of an ai)peal to the General Assembly, and the papers were properly authenticated, and sent to a minister who had been elected a Commissioner to the next Assembly, who promised to pre- OF PROCESS AGAINST A BISHOP OR MINISTER. 519 sent them ; but he was taken sick, so that he could not attend, and neg- lected to forward them. Soon after, Mr. Abbott had paralysis, and ever since has been feeble and poor, so that the case was not prosecuted before the Presbytery of St. Louis withdrew from the jurisdiction of the Gen- eral Assembly, and the Synod was no longer in existence as at the time of his trial. Mr. Abbott declares his personal allegiance to this Assembly, as far as he can be permitted to express allegiance, and that, had he remained a member of the Presbytery, he should not have gone with the majority; and now brings this statement, and various papers accompanying it, to this Assembly, for consideration with a view to his relief From these papers your Committee learn the following facts respecting his trial before the Presbytery : 1. While the charges were based on common fame, efforts were made for more than a year to obtain some basis of comj^laint ; and on one oc- casion, on receipt of an anonymous letter offering to give information, a Committee was appointed "to ferret out" the matter and learn grounds for a charge. 2. The grounds of the principal charges were matters of from eight to ten years' standing. 3. Witnesses were called and allowed to testify, whose names had not been given the defendant in the citation, and against his protest. In one instance, these were several in number. 4. Persons prominent in the prosecution were notoriously prejudiced against the defendant. 5. Efforts were made to intimidate those who might be inclined to sus- tain the defendant. All these items the Committee think to be distinctly opposed to the in- structions of our Book of Discipline. Moreover, the trial was at an ad- journed meeting, when comparatively few members were present ; and it was prosecuted, notwithstanding his physician certified that Mr. Abbott was too ill to attend with safety ; and questions deemed important to the cause of the defendant were i-epeatedly ruled out. For these reasons, the Committee recommend that Mr. Abbott have a rehearing, and that he be referred to the Presbytery of Cleveland, within the bounds of which he now resides, with instructions to that Presbytery to adjudicate the case. The report was adopted. — 1873, p. 540. III. If it be found that the facts with which a minister stands charged, happened without the bounds of his own Presbytery, that Presbytery shall send notice to the Presbytery, within whose bounds they did happen, and desire them either (if within convenient dis- tance) to cite the witnesses to appear at the place of trial ; or (if the distance be so great as to render that inconvenient) to take the exami- nation themselves, and transmit an autlientic record of their testi- mony : always giving due notice to the accused person of the time and place of such examination. [See the case of Aaron C. Collins, referred by the Assembly to the General Association of Connecticut, 1793, p. 68.] 520 OF DISCIPLINE. 1. A Suspended Licentiate can be Restored only by the Presby- tery -which Suspended him.— Another may take Testimony. The Committee, to which was referred the statement of the commis- sioner from the Presbytery of Fayetteville, respecting a licentiate of the Presbytery of Hopewell, who had been suspended, both from the privilege of preaching the gospel, and from the enjoyment of the sealing ordinances of God's house, reported the following resolution, which being read, was adopted, viz. : Resolved, That the only correct mode to be pursued by the licentiate, in oi'der to obtain restoration to his former standing, is to make direct appli- cation to the Presbytery of Hopewell; and that the Presbytery of Fay-- etteville may, with propriety, collect and transmit to the Presbytery of Hopewell, any testimony, touching the moral character of said licentiate, while living within the bounds of the Presbytery of Fayetteville, when- ever requested by either the licentiate or the Presbytery of Hopewell. — 1822, p. 39. [See above, under sec. ii., 1835, p. 476.] 2. Such Presbytery has no Power to Try, but only to take Testi- mony. 2. That in the opinion of this Assembly, the Presbyteries both of Har- mony and Steubenville appear to have misconceived the directions as laid down in chap, v., selcs. iii., iv., of the Book of Discipline ; inasmuch as those rules do not transfer jurisdiction from a Presbytery to which a min- ister belongs, to the one within whose bounds he resides, so as to authorize the latter Presbytery to try such minister ; but only to examine witnesses in the case, and transmit an authentic record of the testimony to the Pres- bytery which made the application ; therefore. Resolved, 3. That the Presbytery of Harmony is at liberty to pursue such a course in the case of Mr. Belknap as the circunistances of the case and the good of religion shall in their opinion require. — 1831, p. 339. IV. Nevertheless, in case of a minister being supposed to be guilty of a crime, or crimes, at such a distance from his usual place of resi- dence, as that the offence is not likely to become otherwise known to the Presbytery to which he belongs ; it shall, in such case, be the duty of the Presbytery w^ithin whose bounds the facts shall have hap- pened, after satisfying themselves that there is probable ground of accusation, to send notice to the Presbytery of which he is a member, who are to proceed against him, and either send and take the testimony them.selves, by a commission of their own body, or request the other Presbytery to take it for them, and transmit the same, properly authenticated. See above, under sec. iii., 1835, p. 476 ; 1831, p. 339. Duty of a Presbytery to give Notice of an Offence. Overture No. 6. From the Presbytery of Rock River, being a question of interpretation of the Book of Discipline, chap, v., sec. iv. The Committee recommends the following answer : OF PEOCESS AGAINST A BISHOP OR MINISTER. 521 When it is alleged that a minister has committed an offence in the bounds of a Presbytery of which he is not a member, the Presbytery in the bounds of which it is alleged the offence was committed, has performed its entire duty in the premises when it notifies the Presbytery to which he belongs of the allegation and the grounds on which the allegation is based. The report was adopted.— 1 869, p. 922, O. S. V. Process against a gospel minister shall not be commenced, unless some person or persons undertake to make out the charge ; or unless common fame so loudly proclaims the scandal, that the Pres- bytery find it necessary, for the honor of religion, to investigate the charge. An Action Based on Common Fame Sustained. — Informalities Waived by Act of the Accused. Eev. Samuel Boyd appealed from the Synod of Wheeling sustaining the Presbytery of St. Clairsville. The Assembly appointed a commission to hear and report on the testimony. Against this Mr. Boyd remonstrated. The report of the commission was adopted as follows, viz. : The main objection made by the appellant is that there were not written charges made against him as part of the process. It appears from the testimony and records — 1. That Mr. Boyd was living separate from his wife on account of domes- tic difficulties ; that this was brought to the notice of the St. Clairsville Presbytery by common tame ; that Mr. Boyd by common fame was charged with unkiuduess and severity toward his wife ; that he requested the Pres- bytery to take the case and investigate it, after an ineffectual attempt had been made by the Presbytery to settle the difficulty. 2. That witnesses were cited ; that the trial was commenced by the Presbytery, Mr. Boyd being present; that the written charge on the rec- ords on Avhich the trial proceeded was, " that common fame charges the Rev. Samuel Boyd with living in a state of separation from his wife;" that a number of witnesses were examined on the part of Mrs. Boyd, and in the presence of Mr. Boyd ; that he cross-examined said witnesses ; that Mr. Boyd also cited and examined a number of witnesses on his own behalf; that it nowhere appears on the records that he objected to pro- ceeding without more formal charges. The commission are, therefore, of the opinion that Mr. Boyd waived, by his own acts, and led the Presbytery to believe that he waived, all infor- malities in the proceedings antecedent to the trial. The commission are also oT the opinion that the record and the defence of Mr. Boyd show plainly what the charges were. They are also of the opinion that the testimony sustains fully the sentence of the Synod of Wheeling, which was unanimous. The commission are, therefore, of the opinion that the appeal should be dismissed, and the decision of the Synod of Wheeling confirmed. This report is agreed upon unanimously by the commission. — 1866, j). 74, O. S. VI. As the success of the gospel greatly depends upon the exem- plary character of its ministers, their soundness in the faith, and holy conversation ; and as it is the duty of all Christians to be very cau- tious in taking up an ill report of any man, but especially of a min- es 622 OF DISCIPLI^'E. ister of the gospel : therefore, if any man knows a minister to be guilty of a private, censurable fault, he should Marn him in private. But, if the guilty person persist in his fault, or it become ])ublic, he who knows it should apply to some other bishop of the Presbytery for his advice in the case. 1. The Character of One Absent and not on Trial not to be Im- peached. Besolved, That no discussion ought to be allowed which may involve the character of Mr. jNIcDowell in his absence. — 1823, p. 74. See under vii., below. VII. The prosecutor of a minister shall be previously warned, that, if he fail to prove the charges, he must himself be censured as a slanderer of the gospel ministry, in proportion to the malignancy, or rashness, that shall appear in the prosecution. 2. Failure to prove Charges involves Censure for Slander. a. The unfinished business of Saturday, viz.. an appeal by Mr. "William L. McCulla from a decision of the Synod of Kentucky, in which decision the Synod declared, that Mr. McCalla had failed to prove certain charges which he had brought against the Rev. James Blythe, was resumed, and the appellant was heard till he declared himself satisfied. On motion. Resolved, That the judgment of the Synod of Kentucky, with respect to the charges brought by Mr. William L. McCalla against the Rev. James Blythe, be and it hereby is affirmed. — 1815, p. 596. h. The complaint of J. W. Davidson, W. C. Koous and J. McElhinny, against the Synod of Baltimore. This case originated in the Presbytery of Carlisle, as the result of the trial of a minister, by which the complainants were severely censured for presenting a certain paper containing allegations against the character of the said minister, which allegations, though not tabled as charges, were adjudged to be slanderous. The parties censured complained to the Synod of Baltimore, and the complaint was "sustained in part," by a vote of 17 to 12. The Synod, in its final minute, still inflict a modified censure, of which the said "Davidson, Koons and IMcElhinny complained to the last General Assend)ly. This last complaint was laid "over to this Assembly, to enable the complainants to correct an informality ; which they have since done. The Committee report the case in order, and recommend that it be taken up according to the directions of the Book of Discipline, as follows : 1. Read the judgment complained of 2. Read the complaint. 3. Read the paper referred to in the judgment of the Synod, of which they complain. The Conunittee recommend, that the only part of the record to be read in evidence be the pai)er originally read to" the Presbytery of Carlisle, at Newville ; and this nuiy be waived by the parties agreeing ;^ that the paper contains charges, which, if true, would be scandalous. This recommen- dation is based on the following reasons: 1. That it is found by the Synod, in their judgment, that the paper pre- OF PROCESS AGAINST A BISHOP OR MINISTER. 523 sented by complainants was so pi'eseuted by them witliout their being pre- pared to table charges, or to appear as prosecutors, and that they refused to appear as accusers after having presented such a papex". II. In the complaint presented to us, these findings of the Synod are admitted, in that the complainants allege (as the ground of their complaint in this regard) that the Synod decided that the paper presented at Newville by the complainants, was of such a character that it should not have been presented, unless the parties presenting it were prepared to table charges upon it; when, in fact, as they allege, it was but an offer to aid Presby- tery in investigating the difficulty in the congregation of Big Spring, to which complainants belonged, and not as the ground of charges. Thus it will be seen that they not only admit such findings of the Synod, but distinctly allege another and different reason in justification of such pre- sentation, viz., that it was but an offer to aid Presbytery, etc. III. If it be claimed, on the second ground of appeal, that the testi- mony adduced on the original trial be read before the Assembly, then we say that it should not be read, for the following reasons : 1. The accused minister, after a trial (declared by the Synod to be fair and impartial) was acquitted by the Presbytery, and no appeal was taken from such judgment of acquittal ; so that the same thereby long since became final and absolute, and this Assembly has no power to reverse this judgment of the Presbytery, for the purpose of relieving these complain- ants from the censure of the Synod ; to do so would be to pronounce two conflicting and contrary judgments upon the same evidence. 2. Because it has been already adjudicated, in the case of William S. McDowell (Assembly's Digest, Rev. Ed., p. 159), that "no discussion ought to be allowed (involving the character of an absent person) in his absence," much more should this rule be applied to the exclusion of the remaining record, in this case, from its peculiar character, and all the cir- cumstances attending it. Resolved, That the judgment of the Synod of Baltimore be sustained pro forma, and that the following paper of E. Thompson Baird be admitted to record, viz. : The undersigned, counsel appointed to manage the case of Davidson, Koons and McElhinny, versus the Synod of Baltimore, begs leave to submit, that through an oversight of the complainants in stating their causes of complaint on the one hand, and on account of the rulings of the Assembly as to technical points on the other hand, it is impossible for the case to come before this body on its merits. The complaint ought to have brought up the whole proceedings in the courts below, in order to a judgment on their regularity as well as justice; but by an omission of the complainants, in stating the grounds of their complaint, this matter cannot be reached. The second cause of complaint is ruled out, because it requires a cross issue, involving the rights of a party not involved in the case. And the first cause of complaint — i. e., as to the rights of the complainants to place on the table of Presbytery the statement alluded to — cannot be justly investigated without taking up all the records and ascertaining all the circumstances which led to its presentation. Under the rulings of this house this cannot be done, since it would involve an absent party. We are thus on technical grounds shut out from a full presentation of the case. All that is left for us is to request the Assembly to admit this paper to record as our reason for waiving a trial, and agree- ing that the judgment of the Synod of Baltimore be sustained ^jro/onua. E. T. BAIRD, 0)1 behalf of Complainants. —1860, pp. 31 and 35, O. S. 524 OF DISCIPLINE. 3. Censure for Slander may be Reached only after Trial, The Committee to whom was referred Judicial Case No. 7, being " a complaint of the Rev. John Crozier and the Rev. John Mack against the decision of the Synod of Illinois," report the following minute as the deliverance of the Assembly. That the irregularities which the Synod made the ground of their decis- ion, and of sustaining the complaint against the action of Presbytery, were not such as to invalidate the decision of Presbytery, except in resolution 6th, and that therefore the complaint be sustained, and the action of Pres- bytery be reaffirmed, except resolution 6th. As to the character and truthfulness of that resolution the Assembly expresses no opinion but that the action of Presbytery was thereon extra-judicial. Our Book of Discipline, chap, v., sec. vii., pronounces a man a slan- derer who fails on trial to make good his charges. S. L. Hobson was censured as a slanderer without the court reaching by trial the point contemplated in our Book. — 1867, p. 355, Oi S. . VIII. When complaint is laid before the Presbytery, it must be reduced to writing ; and nothing further is to be done at the first meeting, (unless by consent of parties,) than giving the minister a full copy of the charges, with the names of the witnesses annexed ; and citing all parties, and their witnesses, to appear and be heard at the next meeting ; which meeting shall not be sooner than ten days after such citation. IX. When a member of a church judicatory is under process, it shall be discretionary with the judicatory, whether his privileges of deliberating and voting, as a member, in other matters, shall be sus- pended until the process is finally issued, or not. 1. Suspension from the Ministry during Process. a. Overtured, that a Committee be sent to Rehoboth, with full power from the Synod to act in their names and by their authority, in the affair between Mr. Clement and that people ; and that JNIr. Clement be sus- pended from the exercise of his ministry, until the determination of that Committee. This overture was carried by a vote in the affirmative, nemine coniradicente. — 1720, p. 62. b. The consideration of Mr. Alexander Miller's complaint resumed, and upon full inquiry the Synod conclude that, as the Presbytery of Hanover are not present, and it has not been made to appear before us that they were cited to be present, or informed that Mr. Alexander Miller intended to lodge a complaint against them before the Synod at this time, we cannot now enter upon the consideration of the merits of the complaint, but order both the Presbytery and iMr. Alexander ]\Iiller to attend our next Synod, prepared for a full hearing, and in the mean time, on account of Mr. Mil- ler's unjustifiable delay for some years to enter his complaint before us, the irregularity of his proceedings during that time, and the atrocious na- ture of the crimes laid to his charge, we do hereby declare him suspended from the exercise of the ministerial office till his complaint can be fully heard.— 1769, p. 396. OF PROCESS AGAIXST A BISHOP OR MINISTER. 525 2. Suspension from Privileges of Membership. a. That as citation on the foregoing plan is the commencement of a process involving the right of membership in the Assembly, therefore — Remlved, That, agreeably to a principle laid down, chap, v., sec. ix., of the Form of Government, the meml^ers of said judicatories be excluded from a seat in the next Assem])lY until their case shall he decided. Adopted by yeas 128, nays 122.— 1837, p. 425. See above, under iv., xviii. h. The Assembly of 1866, O. S., excluded the commissioners from Louisville Presbytery from a seat until the Assembly should decide upon the conduct of their Presbytery. — 1866, p. 12. See Form of Government, chap, xii., sec. v. X. At the next meeting of the Presbytery, the charges shall be read to him, and he shall be called upon to say whether he is guilty or not. If he confess, and the matter be base and flagitious; such as drunkenness, uncleanness, or crimes of a higher nature, however pen- itent he may appear, to the satisfaction of all, the Presbytery must, without delay, suspend him from the exercise of his office, or depose him from the ministry ; and, if the way be clear for the purpose, ap- point him a due time to confess publicly before the congregation of- fended, and to profess his penitence. XI. If a minister accused of atrocious crimes, being twice duly cited, shall refuse to attend the Presbytery, he shall be immediately suspended. And if, after another citation, he still refuse to attend, he shall be deposed as contumacious. XII. If the minister, when he appears, will not confess, but denies the facts alleged against him; if, on hearing the witnesses, the charges appear important, and well supported, the Presbytery must, neverthe- less, censure him ; and admonish, suspend, or depose him, according to the nature of the offence. XIII. Heresy and schism may be of such a nature as to infer dep- osition ; but errors ought to be carefully considered ; whether they strike at the vitals of religion, and are industriously spread ; or, whether they arise from the weakness of the human understanding, and are not likely to do much injury. XIV. A minister, under process for heresy, or schism, should be treated with Christian and brotherly tenderness. Frequent confer- ences ought to be held with him, and proper admonitions adminis- tered. For some more dangerous errors, however, suspension may become necessary. [See ease of Alexander Craighead, under chap, xii., sec. v., Form of Government.] XV. If the Presbytery find, on trial, that the matter complained 526 OF DISCIPLINE. of araoimts to no more than such acts of infirmity as may be amended, and the people satisfied ; so that little or nothing remains to hinder his usefulness, they shall take all prudent measures to remove the offence. XVI. A minister deposed for scandalous conduct, shall not be re- stored, even on the deepest sorrow for his sin, until after some time of eminent and exemplary, humble and edifying conversation, to heal the wound made by his scandal. And he ought in no case to be re- stored, until it shall appear, that the sentiments of the religious pub- lic are strongly in his favor, and demand his restoration. 1. Restoration of a Deposed Minister— Caution Enjoined. a. An extract from the records of the Presbytery of New York was laid before the Assembly and read. From this and the exphmation given, it api^eared that a certain Aaron C. Collins, formerly a member of that Pres- bytery, had been deposed by them from the ofiice of the gospel ministry ; that the crimes for which he was deposed were scandalous and highly ag- gravated ; that his submission to the sentence of deposition had been only partial ; he having exercised the functions of a gospel minister during a part of the time he lay under the sentence; that Mr. Collins had lately applied to that Presbytery to restore him to his office, and certain circum- stances were stated as evidences of his penitence. The Presbytery there- fore requested the advice of the General Assembly in the premises. And as the principal crime for which INIr. Collins had been deposed was com- mitted within the limits of the General Association of Connecticut, which had formerly taken cognizance of the offence, the Presbytery requested the co-operation of the Assembly for bringing the case before the Associa- tion for their advice. The Assembly having taken this subject into consideration, and obtained the necessary information, Resolved, 1. That they cannot advise the Pi-esbytery of New York to restore Mr. Collins under existing circumstances. 2. That this Assembly comply with the latter request made by the Pres*- bytery of New York; they accordingly did, and hereby do enjoin it ou their delegates to the next General Association, to take the necessary measures for bringing this subject before that body, for their advice. — 1805, p. 335. b. The General Association of Connecticut, having taken into consider- ation the case of Mr. Aaron C. Collins, who has been deposed from the office of the gospel ministry, on account of an aggravated sin, by which he has brought scandal on himself and the ministry, and having attended to documents and vouchers presented by the delegates from the General As- sembly of the Presbyterian Church, were hajipy to hear the profession of j)enitence made by Mr. Collins, and the testimony by which it was accom- panied to prove it sincere. Put as it api)eared that he had only partially submitted to the sentence of deposition, and continued during part of the time he lay under censure to exercise the functions of a gospel minister, and that he had made uo retraction for such disorderly conduct, therefore they agree with the Gen- eral Assembly of the Presbyterian Church, that under existing circum- stances, it would not be conducive to the interests of religion for the Pres- bytery of New York to restore Mr. Collins to the office of the gospel ministry. OF PROCESS AGAINST A BISHOP OR MINISTER. 527 Extracts from the doings of the General Association, at their annual session in Guildford, Connecticut, June 18, 1805. Calvin Chapin, | ^^^.^^^ ^j Association. OAMUEL Goodrich, J -' —1806, p. 349. 2. Presbytery other than that which Deposed, Authorized to Restore. Petitions from the churches at Mount Pleasant and Greensburg, in New York, and from five ministers of the gospel residing in the vicinity of iNIr. George Bourne, requesting that jNIr. Bourne might be restored to the office of the gospel ministry, were overtured, and application on behalf of Mr. Bourne was made by Dr. Ely, that on the profession of his penitence he may be restored :— Whereupon it was kemlved. That the case of Mr. George Bourne be referred to the Pres- bytery of New York, in whose bounds he now resides ; and it is hereby ordered, that the Presbytery of New York be furnished by the Presby- tery of Lexington, with all the documents relative to the position of Mr. Bourne; that they receive testimony as to the character and deportment of Mr. Bourne since his deposition, and also the evidences of repentance which Mr. Bourne may furnish. And it is ordered, moreover, that the said Presbytery of New York do proceed to issue the case, and either continue the sentence of deposition, or restore him, the said Bourne, to the gospel ministry, as they may judge proper. — 1824, p. 124. 3. The Assembly Recommends Restoration, the End of DiscipHne being gained. Resolved, That the prayer of the memorialist be granted so far as that this General Assembly recommend to the Presbytery of Fayetteville to I'ecousider their decision in the case of the Rev. Archibald McQueen; and if, in their judgment, it should appear conducive to the peace of the Church, and the promotion of religion in the region around them, to restore Mr. McQueen to the communion of the Church, and to the exercise of the func- tions of the gospel ministry, on the ground that in his case the ends of discipline are attained by the operation of the sentence under which Mr. McQueen has been lying for a period of three years. — 1845, p. 32, 0. S. 4. Deposition and Excommunication, Distinct Acts. a. The records of the Synod of Geneva are approved, with the excep- tion of a resolution, which declares that a deposed minister ought to be treated as an excommunicated person. In the judgment of this Assem- bly, the deposition and excommunication of a minister are distinct things, not necessarily connected with each otlier, but when connected, ought to be inflicted by the Presbytery, to whom the power of judging and censur- ing ministers properly belongs. — 1814, p. 549. b. Resolved, That though the cau.ses which provoke deposition are almost always such as to involve the propriety of exclusion from the sacraments, yet the two sentences are not essentially the same, the one having reference to office, and the other to the rights of membership ; and, therefore. Pres- byteries should be explicit in stating both, when they mean both. When, however, a Presbytery interpret deposition to involve suspensi(jn from the sacraments, and pronounce the censure \v that sense, the sentence obvi- ously includes both. — 1848, p. 34, O, S. 628 OF DISCIPLINE. 6. A Suspended Minister may not Exercise any Function of the Ministry. 1. That in the opinion of this Assembly, ministers of the Presbyterian Church when regularly .stispended by the competent judicatories have no right to exercise the fuuctious of a minister duriug that suspension. — 1825, p. 156. 6. Does not Rank as a "Common Christian in Good Standing." Mr. Foreman, being suspended from the ministry, ought by no means to be considered as occupying the ground of a "common Christian in good standing." — 1821, p. 15. 7. The Names of Deposed Ministers in Certain Cases to be Published. Resolved, That it be recommended to the Presbyteries under the care of the Geueral Assembly, when they shall depose any of their members from the exercise of the ministerial ofRce; and when any person so deposed shall, without having been regularly restored, assume the ministerial cha- racter, or attempt to exercise any of the ministerial functions; that in such case, with a view to prevent such deposed person from imposing himself on the churches, Presbyteries be careful to have his name published in the Assembly's magazine, as deposed from the ministry, that all the churches may be enabled to guard themselves against such dangerous impositions. — 1806, p. 360. XVII. As soon as a minister is deposed, his congregation shall be declared vacant. CHAPTER VI. OF WITNESSES. I. Judicatories ought to be very careful and impartial in receiv- ing testimony. All persons are not competent as witnesses: and all who arc competent arc not credible. II. A competent witness is one who ought to be admitted and heard. Tlio competency of a witness may be affected by In's want of the proper age ; by a want of any of the senses essential to a know- ledge of the matter which he is called to establish ; by weakness of understanding; by inflimy of character; by being under Church cen- sure for falsehood or perjury; by nearness of relationship to any of the parties; and by a variety of considerations which cannot be speci- fied in detail. OF WITNESSES. 529 A Prosecutor on Common Fame is not Debarred from Testifying. [Exceptions to Records of Synod of Philadelphia.] Page 18, Res. 2d, decides, That a prosecutor cannot be a witness in the same case ; whereas a prosecutor in Behalf of common fame is not excluded from bearing tes- timony, nor does our Book exclude any prosecutor from bearing testimony on either side of a case pending. MS. endorsement on Synod Book. — 1858, p. 298, O. S. III. Where there is room for doubt with regard to any of these points, either party has a right to challenge witnesses ; and the ju- dicatory shall candidly attend to the exceptions, and decide upon them. IV. The credibility of a witness, or the degree of credit due to his testimony, may be affected by relationship to any of the parties ; by deep interest in the result of the trial ; by general rashness, indis- cretion, or malignity of character; and by various other circum- stances; to which judicatories shall carefully attend, and for which they shall make all proper allowance in their decision. Both Husband and "Wife may be AUo^wed to Testify -where either is Interested. The Assembly went into the consideration of the case reported by the Presbytery of Ohio, which was in the following terms: "A certain mar- ried woman charges an unmarried man with immodest conversation and conduct in attempts upon her chastity, of which her husband and another, or indiflereut person, were at a certain time witnesses. Whereas our Con- stitution declares that a person accused shall not be convicted by a single witness, can the said woman and her husband be admitted witnesses in the above case ? To the above question the Assembly answered, that in all such cases as that submitted by the Presbytery of Ohio, it is a principle that both the husband and wife are to be admitted to give testimony. But in every particular case as it occurs, the judicature before whom it is tried, ought, in order to guard against collusion, to pay a very scrupulous regard to all the circumstances attending it, and especially to the characters of those who are admitted as evidences, so that on one hand the necessity of the case may be consulted, and on the other, that no injury may result to an innocent person. — 1797, p. 128. V. A husband or wife shall not be compelled to bear testimony against each other in any judicatory. [See above, sec. iv.] VI. The testimony of more than one witness is necessary in order to establish any charge ; yet, if several credible witnesses bear testi- mony to different similar acts, belonging to the same general charge, the crime shall be considered as proved. VII. No witness, afterward to be examined, except a member of 67 530 OF DISCIPLINE. the judicatory, shall be present during the examination of another witness on the same ease, unless by consent of parties. VIII. To prevent confusion, witnesses shall be examined first by the party introducing them ; then cross-examined by the opposite party; after which any member of the judicatory, or either party, may put additional interrogatories. But no question shall be put, or answered, except by permission of the moderator. IX. The oath or affirmation to a witness, shall be administered by the moderator, in the following or like terms: "You solemnly prom- ise, in the presence of the omniscient and heart-searching God, that you will declare the truth, the whole truth, and nothing but the truth, according to the best of your knowledge, in the matter in which you are called to witness, as you shall answer it to the great Judge of quick and dead." 1. The Authority for Administering a Judicial Oath. The Committee appointed to draft an answer to the following question, overtured from the Presbytery of Georgia, viz. : "Whence do the General Assembly derive authority to empower the moderator of a church session to administer an oath?" reported the following, which was adopted, viz.: "An oath for confirmation, (saith the Apostle,) is to men, an end of all strife," Heb. vi. 16. It is a solemn afiirnuition, wherein we appeal to God, as the witness of the truth of what we say; and with an imprecation of his vengeance if what we affirm is false, or what we promise be not per- formed. Its force results from a belief that God will punish false swear- ing with more severity, than a simple lie, or breach of promise ; because perjury is a sin of greater deliberation, and violates superior confidence. That oaths are lawful is evident from the fact that our Lord, when in- terrogated on certain occasions, answered upon oath. See Matt. xxvi. 63, 64. Paul also uses several expressions which contain the nature of an oath. See Rom. i. 9, ix, 1 ; 1 Cor. xv. 81 ; 2 Cor. i. 18 ; Gal. i. 20. They are solemn appeals to God. It is manifest that oaths are not to be used on light or trivial occasions. We are expressly commanded not to take God's name in vain. But as the Bible does not point out the particular occasions when oaths are to be used ; nor the persons who are to adminis- ter them, these circumstances are left to the discretion of individuals and communities. The necessity of oaths is founded in expediency; and all associations, whether civil or ecclesiastical, have a right to use them for confirmation, when, in the exercise of a sound discretion, they are deemed important. It is lawful for every community, in the compact on which their union is founded, to point out the cases ni which oaths shall be used, and who shall administer them. The authority of moderatc^rs in the Presbyterian Church to administer oaths, is not derived from the G(MH'ral Assembly, but from the Constitution, or articles of compact, which our churches have adopted, and by which they have agreed to be governed as a Christian conununity. It may be proper also to add, that the oaths prescribed by ecclesiastical authority and administered by civil authority, in no respect interfere with our relations to civil society. Nor can the administering of them, if rightly viewed, be considered as a violation of those laws of the State, which prescribe the manner in which civil oaths shall be administered. — 1823, p. 87. OF WITNESSES. 531 2. Testimony should be under Oath, and Recorded. Statements were given as evidence by the members of Presbytery, which are not recorded, and which do not appear to have been given under the usual solemnity of an oath. Craighead's case. — 1824, p. 122. X. Every question put to a witness shall, if required, be reduced to writing. When answered, it shall, together with the answer, be recorded, if deemed by either party of sufficient importance. XI. The records of a judicatory, or any part of them, wdiether original or transcribed, if regularly authenticated by the moderator , and clerk, or either of them, shall be deemed good and sufficient evi- dence in every other judicatory. Testimony Attested by Moderator and Clerk Valid. The following question, signed by William C. Davies — " Whether testi- mony taken before a session, and sent up to the Presbytery under the sig- nature of moderator and clerk, will not be sufficient in references as well as appeals, to render the case thus referred both orderly and cognizable by Presbytery," was answered in the affirmative. — 1797, p. 128. XII. In like manner, testimony taken by one judicatory, and reg- ularly certified, shall be received by every other judicatory, as no less valid than if it had been taken by themselves. XIII. Cases may arise in which it is not convenient for a judica- tory to have the whole, or perhaps, any part of the testimony in a particular cause, taken in their presence. In this case a commission of the judicatory, consisting of two or three members, may be ap- pointed, and authorized to proceed to the place where the witness or "witnesses reside, and take the testimony in question, wdiich shall be considered as if taken in the presence of the judicatory: of which commission, and of the time and place of their meeting, due notice shall be given to the opposite party, that he may have an opportu- nity of attending. And if the accused shall desire on his part, to take testimony at a distance for his ow^n exculpation, he shall give notice to the judicatory of the time and place when it is proposed to take it, that a commission, as in the former case, may be appointed for the purpose. XIV. When the witnesses have all been examined, the accused and the prosecutor shall have the privilege of commenting on their testi- mony to any reasonable extent. XV. A member of the judicatory may be called upon to bear testi- mony in a case which comes before it. He shall be qualified as other witnesses are; and after having given his testimony, he may imme- diately resume his seat as a member of the judicatory. 632 OF DISCIPLINE. A Member of the Coiirt Required to Testify on the Spot. Resolved, That a member of a judicatory, present ■when the judicatory is taking testimony, is bound, if called upon to do so, to give his testimony in the case that is in process, and that his refusal to do so, on the ground that he had not been cited beforehand, would subject him to censure for contumacy. — 1854, p. 45, 0. S XVI. A member of the church, summoned as a witness, and refus- ing to appear, or, having appeared, refusing to give testimony, may be censured for contumacy, according to the circumstances of the case. A Minister Cited to Testify before a Session. A request from certain ministers and ruling elders of the Synod of Alabama, for the opinion of the General Assembly touching certain ques- tions that may arise in the case of a minister, who, when cited by a church session as a witness, declines to appear before that court. The Committee recommended that the brethren be referred to the Book of Discipline, chap, i., sec. v. ; chap, iv., sec. x. ; chap, v., sees. i. and ii. ; chap, vi., sec. xvi., for answer to their questions. Adopted. — 1854, p. 17, O. S. XVII. The testimony given by witnesses must be faithfully re- corded, and read to them, for their approbation, or subscription. CHAPTER VII. OF THE VARIOUS WAYS IN WHICH A CAUSE 3IAY BE CARRIED FROM A LOWER JUDICATORY TO A HIGHER. I. Ix all governments conducted by men, wrong may be done, from ignorance, from prejudice, from malice, or from other causes. To prevent the continued existence of this wrong, is one great design of superior judicatories. And although there must be a last resort, beyond which there is no appeal ; yet the security against permanent wrong will be as great as the nature of the case admits, when those who had no concern in the origin of the proceedings, are brought to review them, and to annul or confirm them, as they see cause ; when a greater number of counselors are made to sanction the judgments, or to correct the errors of a smaller; and, finally, when the whole Church is called to sit in judgment on the acts of a part. II. Every kind of decision which is formed in any church judi- catory, except the liighest, is subject to the review of a superior judi- catory, and may be carried before it in one or the other of the four following ways : OF WAYS OF CAEEYING A CAUSE. 533 1. The Assembly may not Reverse the Judicial Acts of a Prede- cessor. a. This Assembly has no authority to reverse the judicial acts of a former General Assembly, except in cases of such palpable error as would manifestly tend to interfere with the substantial administration of justice. Ca&e of S. Lowrey. — 1824, p. 115. h. This Assembly are of the opinion that the correct mode of proceed- ing for the last Assembly would have been to have suspended the decision on the appeal until the records of the inferior judicatories should have been present, because the rules in our Form of Government prescribe, that before a judgment is given all the proceedings of the inferior judica- tories in the case should be read, and it is a sound maxim, generally admitted in courts of justice, that the best evidence the case admits of should be required, which in all trials is undoubtedly the record of the judicatory. But while they entertain this opinion of the mode of proceeding, they believe that the decision of the last General Assembly was substantially correct, and was not ditferent from what it would have been if they had had all the proceedings of the inferior judicatories before them. — lb. See under chap, vii., sec. iii., sub-sec. viii. c. The Assembly not Competent to Revise the Judicial Acts of a Previous Assembly. Judicial Case No. 4. A memorial of the pastor and ruling elders of the church of Bloomington, Illinois, in respect to the decision of the last Assembly upon the appeal of Dr. T. F. Worrell. The Committee recommend that this memorial be dismissed, on the ground that it is not competent for this Assembly to revise the proceed- ings of a previous Assembly in a judicial case. The recommendation was adopted. — 1864, p. 313, 0. S. 2. But -will Correct Error -when Sho'wn to Exist. In the case of the memorial of the Synod of Onondaga, see Minutes, 1864, p. 474, N. S., it was determined inter alia as follows : 2. In view of the whole case, your Committee further find, that the last Assembly seem to have acted without such a knowledge of all the facts of the case, as a regular presentation of the complaint and the records would have given them ; and that, therefore, the case is one which justi- fies the action of this Assembly in relief of the Synod. 3. Your Committee further find, that the action of the Synod was scru- pulously conformed to the requirements of our Book. They had the right to send the case back to the Presbytery, or to review the whole of it, according to their discretion. It is not for this court to decide which would have been the wiser course. The Synod judge it best to review the whole case, and their discretion is not a matter of review by this body. Your Committee, therefore, recommend: That the requisition of the last Assembly on the Synod of Onondaga be rescinded, and that the case be dismissed. While the Committee come to this conclusion, they feel constrained also to express decidedly their disapproval of the language of the Synod, pro- nouncing the action of the Assembly "unjust and unconstitutional." The report was adopted. — 1864, p. 475, N. S. 534 OF DISCIPLINE. 3. The Assembly "will Adhere to the Letter of Section ii., above. The Judicial Committee reported that they have had under considera tion the letter of the Rev. A. G. Fraser to this General Assembly. That Mr. Fraser states that he has been unavoidably prevented from person- ally prosecuting an appeal from the decision of the Synod of New Jer- sey, of Avhich due notice was given that Synod, and requesting the Gene- ral Assembly to appoint a Committee of ministers and elders to hear and adjudicate the whole matter ; or, if such a plan is not within the jurisdic- tion of the General Assembly, that then this matter of appeal stand over to their next stated meeting. The Committee recommended that the fol- lowing answer be given, viz. : According to the Book of Discipline of our Church, there are but four ways in which the General Assembly can have cognizance of a judicial case. As neither of these ways is contemplated in the request of Mr. Fraser, the Assembly cannot, without a violation of constitutional rules, take any action in the premises. In regard to a future prosecution of his appeal, the appellant must present his case, with the reasons for previous failure, before the next General Assembly, whose province it will then be to decide upon the whole subject. The recommendation was adopted. — 1850, p. 463, 0. S. See under Form of Government, chap, xii., sec. v. SECTION I. GENERAL REVIEW AND CONTROL. I. It is the duty of every judicatory above a church session, at least once a year, to review the records of the proceedings of the judicatory next below. And if any lower judicatory shall omit to send up its records for this purpose, the higher may issue an order to produce them, either immediately, or at a particular time, as circum- stances may require. 1. Anniial Review Required. Ordered, That the minutes of the respective Synods be laid yearly before the General Assembly to be by them revised. — 1789, p. 7. b. Wlierecis, It appeared in the course of the free conversation on the state of religion, that in one of the Presbyteries under the care of the General Assembly, the sessional records of the several church sessions were not regularly called up and examined every year by the said Pres- bytery, and there is reason to believe that other Presbyteries had con- ducted in the same manner; therefore, Resolved, That it be and it hereby is required of all the Presbyteries within the bounds of the General Assembly annually to call up and examine the sessional records of the several churches under their care, as directed in the Book of Discipline. — 1809, p. 429. c. The Assembly, after seriously reviewing the order of the last Assem- bly, and maturely deliberating on the remonstrance of the Presbytery of Philadelphia against it, can by no means rescind the said order, inasmuch as they consider it as founded on the Constitution of our Church, and as properly resulting from the obligation on the highest judicatory of the Church to see that the Constitution be duly regarded ; yet, as it is alleged, that insisting on the rigid execution of this order, with respect to some OF GENERAL REVIEW AND CONTROL. 535 of the church sessions, would not be for edification, the Assembly are by DO means disposed to urge any Presbytery to proceed, under this order, beyond what they may consider prudent and useful. — 1810, p. 453. d. Whereas, It is an essential feature of the government of the Presby- terian Church that the records of all its Synods should be transmitted an- nually to its highest court — the General Assembly — for examination ; and Whereas, this Assembly has painful evidence that this important regu- lation is, by some of its Synods frequently, and by others entirely neglected ; therefore, Resolved, That all our Synods be enjoined to take such order on this subject as shall ensure hereafter a faithful observance of the above regu- lation, and in all cases where the stated clerks of any of our Synods have failed this year, or may hereafter fail to obey their order of the rule of the Assembly respecting this matter, such Synods are hereby required to judge of the reasons which such clerks may offer for their delinquency, and to excuse or censure them according to the circumstances of the case.— 1839, p. 165, 0. S. e. The Committee on the Eecords of the Synod of Wisconsin reported, That they had been subjected to an increased amount of labor in exam- ining the minutes of this Synod in consequence of the failure of the stated clerk to send up the records annually to the Assembly as our rules require. The minutes of this body have not been brought under the inspection of the Assembly since May, 1860, leaving an accumulation of four years of unexamined and unapproved records. — 1864, p. 482, N. S., et passim. See above, Form of Government, chap, x., sec. ix., and chap, xi., sec. vi. ; also Discipline, chap, iv., sec. xxiii. 2. After Records have been Approved Corrections can be made only by Recurrence to the Court Approving. a. Also Overture No. 7, from the session of the church of Wabash, Indiana, on the following questions : 1. After the records of a church session have been examined and approved by the Presbytery, and those of the Presbytery, in like manner, approved by the Synod, has either the session or the Presbytery a right or any authority to change or erase the record ? 2. If not, has the session any legal right to make a second record de- claring the first erroneous and void ? The Committee recommended that the following answer be given : A record, once approved by a higher court, cannot be altered or annulled by a lower one. If there be an error in the record, the remedy is to be sought by an application to the highest judicatory which has endorsed such mistake. Adopted. — 1862, p. 34, N. S. h. When Records have been Approved, they can be Amended only by a Unani- mous Vote. It was moved to strike out the exceptions taken to the records of the Synod of New Jersey. The moderator suggested that the motion was out of order, but he would put it to the house ; which having been done the motion was sustained with the exception of one no. The moderator then declared the motion lost, as a minute recording a fact could not be amended but by a unanimous vote of the house. An appeal was taken from this decision, and the decision was sus- tained.—1841, p. 424, 0. S. 536 OF DISCIPLINE. 3. Records of Recent Meetings may be Demanded for Revie-w. The records of the Synod of Cincinnati approved, except " that on pp. 114-116, it appears that on a motion to require the Presbytery of Chilli- cothe to produce the records of their session in Sept., 1837 (the month be- fore), Avhich records were reported to contain decisions demanding the im- mediate review of the Synod, it was decided that, as there was no com- plaint, nor appeal requiring the records in question, and as the Presbytery have regularly presented their book for review by the Synod, and the Committee of Review have made no charge of delinquency in the Presby- tery in not transcribing the minutes of their late meeting, the Synod have no right to demand said minutes." — 1839, p. 161, O. S. 4. Copies of the Originals Accepted only in Extraordinary Cases. a. It is recommended to the Synods of Virginia and the Carolinas, to send attested copies of their minutes by their delegates to the Assembly yearly, whenever they find it inconvenient to send their books. — 1790, p. 23. b. Resolved, That the dispensation allowed to the Synods of Virginia and the Carolinas by the Assembly of 1790, to send up attested copies of their records instead of the records, be and it is hereby rescinded. — 1841, p. 423, O. S. c. The Committee on the Records of the Synod of West Tennessee re- ported, and their report was adopted, and is as follows, viz. : " That the document presented to your Committee is not the original book of rec- ords,'but purports to be a true copy from the original record under the hand of the stated clerk. Accompanying this report is a letter from the clerk, urging the acceptance of the transcript, on the ground of a standing rule of the Assembly, authorizing the reception of a transcript when the original cannot be transmitted. Your Committee are not aware of such a standing rule, and are of opinion that the document produced does not come up to the requirement of the Constitution. Your Committee therefore cannot report as to the manner in which the records are kept. Your Committee recommend that the Synod of "West Tennessee be required to produce their original book of records for examination at the next Gen- eral Assembly."— 1847, p. 381, O. S. [The records of the Synod of China, kept in Chinese, were accepted in a translated copy by the Assembly of 1871.] 5. Members of a Judicatory may not Vote upon Review of their own Records. a. A protest signed by a number of members of the Synod of Geneva, against a decision of that Synod, excluding the Presbytery of Geneva from voting on the question. Whether their own records should be attested by the moderator of the Synod, as approved. Your Committee were, how- ever, of opinion that the decision of the Synod was consonant to the pre- valent usage of the judicatories of the Presbyterian Church, as well as to the usage of other analogous bodies in similar cases, and that it ought therefore to be approved. [Adopted.] — 181(), p. 611. b. The records of the Synod of Kentucky approved, except "that the members of the West Lexington Presbytery voted in ap})robation of their own proceedings, which is deemed to be irregular." — 1821, p. 23. [See also under vii., iii., xii., iv.] II. In reviewing the records of an inferior judicatory, it is proper OF GENERAL REVIEW AND CONTROL. 637 to examine, First, Whether the proceedings have been constitutional and regular ; Secondly, Whether they have been wise, equitable, and for the edification of the Church ; Thirdly, AYhether they have been correctly recorded. [See under vii., i., vi., below. — 1857, p. 45, O. S. Also under iii., be- low, for specimens of the application of this rule.] 1. Unconstitutional and Irregular. a. The Synod of Philadelphia, resolution 3cl, annuls a sentence of sus- peiisiou ; and in resolution 4th, substantially acknowledges the justice of the sentence thus annulled. The Synod interposes to restore a man to the exercise of the ministry of the gospel, who they acknowledge has frequently made represeutatiouB without due regard to truth and candor ; therefore, Resolved, That the Assembly direct the Synod to review and amend their record on p. 18, in the case of the appeal of the Presbytery of Don- egal, Discipline, chap, vii., sec. i., sub-sees, ii., iii. [MSS. indorsement on records of Synod of Philadelphia.] — 1858, p. 298. h. The Committee appointed to examine the records of the Synod of Geneva, reported, and the book was approved to page 257, with the fol- lowing exception, viz. : That the Synod decided improperly, in saying that the complaint of D. C. Hopkins was not strictly sustained, while they at the same time say, that each and every act of the Presbytery of Onon- daga complained of, was irregular and improper. — 1822, p. 40. c. A Synod may not Institute and Prosecute Judicial Proceedings. That the proceedings of the Synod of Cincinnati, in the institution and prosecution of judicial process against William Graham, subjecting him first to censure, and afterward to suspension, under which he now labors, are unconstitutional and irregular, therefore null and void ; and that the Synod be, and is hereby enjoined to take constitutional action in the case, and to revise and correct its proceedings accordingly. While the Assem- bly thus speak on the constitutionality of the matter, they do it without re- ference to the error or truth of the sentiments he advanced. — 1846, p. 31, N. S. III. In most cases, the superior judicatory may be considered as fulfilling its duty, by simply recording, on its own minutes, the ani- madversion, or censure, which it may think proper to pass on records under review; and, also, by making an entry of the same in the book reviewed. But it may be, that, in the course of review, cases of ir- regular proceedings may be found, so disreputable and injurious as to demand the interference of the superior judicatory. In cases of this kind, the inferior judicatory may be required to review and correct its proceedings. 1. The Records must be Full.— Reasons for Decisions Required. a. The records of the Synod of Pittsburg approved, "excepting the res- olution on p. 74, disapproving the proceedings of a Presbytery without assigning the reason." — 1820, p. 728. b. The records of the Synod of Ohio were approved, with the " excep- 538 OF DISCIPLINE. tion of a minute on p. 243, disapproving of a decision of a Presbytery, and ordering suid Presbytery to reconsider that decision, without any rea- sons being assigned." — 1827, p. 202. And Satisfactory Reasons given for all Decisions. c. The Synod of Pennsylvania in approving the action of a Presbytery in a judicial case, p. 259, assigned an entirely unsatisfactory reason. — 1850, p. 314, N. S. The Subject Matter oj Process must be Stated. d. The records of the Synod of Philadelphia approved, except that it appears from p. 282 that an appeal and complaint was issued in the usual form, without any intimation of what the sentence or proceeding was, against which the complaint was made. That it appears from p. 273 that another complaint was issued without any record of the proceeding complained of, or the body whose proceeding was the subject of complaint. — 1852, p. 216, O. S. e. Records of the Synod of Albany approved, " except that on page 257 we read of 'a complaint of the Minority of the Presbytery of Albany' to the Synod; but there is no intimation what they complained of; and ■when Synod took up the business, there is no evidence on record that the moderator gave notice that they were about to proceed to judicial business, as the Constitution requires." — 1848, p. 48, O. S. See 1853, p. 434, O. S. 2. Exceptions must be Recorded in the Minutes. a. The records of the Synod of Indiana approved, " except that on p. 342, the records of Greencastle Presbytery, are reported as approved, with exceptions, while these exceptions are not spread on the minutes of the Synod as required by the Book of Discipline, chap, vii., sec. i., art. iii." — 1857, p. 387, N. S. b. Synod of Wheeling, p. 409. The exceptions to the records of ISTew Lisbon Presbytery are not recorded, in violation of the Book of Discipline, chap, vii., sec. i., sub-sec. 3. — 1859, p. 550, O. S. c. Exception to the records of the Synod of Onondaga. "On p. 186 we find the Synod administering censure to the Presbytery of Cayuga, for an act of discipline toward one of its churches, on the ground that the reasons for such discipline were not given according to the requirements of our Book of Discipline, yet on the next page we find the said Synod reaf- firming the acts of a church censured by its Presbytery, and reversing the decision of the Presbytery, without giving the required reasons for such a singular proceeding." — 1863, p. 277, N. S. d. Ilecords of the Synod of Cincinnati, "except that on pp. 6 and 13 a complaint was received, referred and decided, without any statement in regard to the character of said complaint." — 1865, p. 553, O. S. e. Records of Synod of Cincinnati, approved, "except that on p. 36 the minute is defective, in that a complaint was received, referred and de- cided without any statement in regard to the subject matter of said com- plaint." This defect in the minutes disables this Assembly from deciding as to the validity of the recorded reasons given for the decision of the Synod in the case on p. 37. This defect in the minutes is the more to be excepted against, inasmuch as it records the implied censure of the comj)lainant, while the Assembly is deprived of the opportunity to pass upon the case. — 1866, p. 50, 0. S. OF GENERAL REVIEW AXD CONTROL. 539 3. The Lo-wer Courts must Respect the Decisions of the Superior. a. The records of the Synod of Missouri were approved, except a resolu- tion on page 324, viz., " That the action of the General Assembly in May last, in relation to the political condition of the country, was unscriptural, unconstitutional, unwise, and unjust ; and we therefore solemnly protest against it, and declare it of no binding force whatever upon this Synod, or upon the members of the Presbyterian Church within our bounds." — 1862, p. 631, O. S. b. The records of the Synod of Kentucky were approved with the fol- lowing exception : That this General Assembly cannot approve the Synod's disapproval of the action of the Assembly of 1861, as recorded in the Synod's minutes on pages 49 and 50.— 1862, p. 631, O. S. 4. A Synod Reproved for Failure to make a Deliverance. The Committee on the Records of the Synod of Kentucky presented a report, which was amended and adopted, and is as follows: The Committee recommend that the records be approved with the fol- lowing exceptions : 1st. The action of Synod on page 144, taking excep- tions to the action of the last General Assembly on slavery. 2d. That the Synod has wholly failed to make any deliverance during the past year cal- culated to sustain and encourage our government in its efforts to suppress a most extensive, wanton, and wicked rebellion, aiming at nothing short of the life of the nation.— 1865, p. 541, O. S. 5. Censured for Insubordination. a. Resolved, That this Assembly does not approve the records of the Synod of Missouri ; that so much of said records as attempt to declare null and void the previous action of the Synod, which had been formally approved by the Assembly, is an act of insubordination, which said Synod is hereby required to reconsider and reverse ; that they report to the next Assembly what they have done or failed to do in the premises, and until that time the usual certificate of the moderator be withheld.* The remaining portion of the report was then adopted as follows : On page 365, where the Synod reaffirm their testimony of November, 1861, with regard to the action of the Assembly of the same year, known as the Spring Resolutions — which testimony declares the action of that Assembly on the state of the country to be "unscriptural, unconstitutional, unwise, and unjust; of no binding force whatever on this Synod, or upon the members of the Presbyterian Church within our bounds." The Committee also recommend that, besides excepting to the record as above stated, the repeated exhibition of such a rebellious spirit, on the part of any inferior court toward the supreme judicatory of the Church, should not pass without censure. — 1866, p. 97, O. S. h. The Synod of Albany claim and exercise the right of disregarding the exceptions to their records by the General Assembly of 1847, which thev consider disrespectful and disorderly. — 1848, p. 48, O. S. Also 1824, p. 116. J '1^ . c. Finally, the Assembly cannot but express their disapprobation of the concluding paragraph of the memorial of the Synod of Ohio, in which they * The next year, the Synod having complied with the requirements of the Assem- bly, as appeared from an official transcript of its records on the subject read to the Assembly, the moderator was directed to approve the records of the Synod of Mia- Eouri of last year.— 1867, p. 316, 0. S. 640 OF DISCIPLINE. say, "the Synod consider the judgments entered upon their records against Samuel Lowrey in October, 1822, as remaining in full force," etc. This declaration, notwithstanding the respectful expressions of the Synod, is apparently wanting in the respect due from an inferior to a superior ju- dicatory ; and is repugnant to the radical principles of the government of the Presbyterian Church. If an inferior court has authority to declare that its own decisions are in force, after they have been reversed by a su- perior court, then all appeals are nugatory, and our system, as it relates to judicial proceedings, is utterly subverted. The Assembly are willing to believe, however, that the Synod of Ohio did not mean to set themselves in opposition to the highest judicatory of the Church, and that when they have reconsidered the matter, they will rescind what is so manifestly in- consistent with the principles of the Constitution, which they have bound themselves to support. — 1824, p. 116. [For illustrations of the exercise of the power of review and control see Form of Government, chap, xi., sec. i., 1, a, b; sec. ii., 1, a, h, e; 6, a, b; sec. iv., 2, 3 ; sees. v. and vi., passim.'] IV. No judicial decision, however, of a judicatory, shall be re- versed, unless it be regularly brought up by appeal or complaint. a. [In a case where the organization of a Presbytery was irregular, see above, Form of Government, chap, x., sec. ii. The Assembly inter alia declare — ] The Book of Discipline, however, prescribes, chap, vii., sec. i., sub-sec. iv., that "no judicial decision of a judicatory shall be reversed, unless it be regularly brought up by appeal or complaint." The trial of a minister under the circumstances proposed in the overture must be regarded as any other trial where there has been informality or irregularity in the citation or other preliminary stages of the process. The trial, with the judgment based upon it, must be respected until the Synod, as the superior judicatory, shall judge how far the irregularity vitiates the proceedings and defeats the ends of justice, and shall annul or confirm the same. — 1861, p. 457, N. S. b. The Synod likewise seems to have erred in censuring as they did the Committee of the Miami Presbytery, and in acting inconsistent with Con- stitutional Rules, chap, vii., sec. i., sub-sees. ii. and iv., by virtually revers- ing a judicial decision, and this without citing the Presbytery to appear and answer, on the mere review of their records. — 1857, p. 45, O. S. V. Judicatories may sometimes entirely neglect to perform their duty ; by which neglect, heretical opinions, or corrupt practices, may be allowed to gain ground ; or offenders of a very gross ciiarticter may be suffered to escape: or some circumstances in their jirocecd- ings, of very great irregularity, may not be distinctly recorded by them. In any of which cases, their records will by no means exliibit to the superior judicatory a full view^ of their proceedings. If, there- fore, the superior judicatory be well advised by common fame, that such neglects or irregularities have occurred on the part of the infe- rior judicatory, it is incumbent on them to take cognizance of the same; and to examine, deliberate, and judge in the whole matter, as OF GENERAL REVIEW AND CONTROL. 541 completely as if it had been recorded, and thus brought up by the review of the records. [See Form of Government, chap, xii., sec. v.] VI. When any important delinquency, or grossly unconstitutional proceedings, appear in the records of any judicatory, or are charged against them by common fame, the first step to be taken by the judi- catory next above, is to cite the judicatory alleged to have offended, to appear at a specified time and place, and to show what it has done, or failed to do, in the case in question: after which, the judicatory thus issuing the citation, shall remit the whole matter to the delin- quent judicatory, with a direction to take it up, and dispose of it in a constitutional manner, or stay all further proceedings in the case, as circumstances may require. [See Form of Government, chap, xii., sec. v.] 1. Citation of Judicatories on Review or on Oonunon Fame. a. 1. Resolved, That the proper steps be now taken to cite to the bar of the next Assembly, such inferior judicatories as are charged by common fame with irregularities. 2. That a Special Committee be now appointed to ascertain what judi- catories are thus charged by common fame ; prepare charges and specifi- cations against them ; and to digest a suitable plan of procedure in the matter ; and that said Committee be requested to report as soon as practi- cable. 3. That, as citation on the foregoing plan is the commencement of a process involving the right of membership in the Assembly; therefore, Resolved, That agreeably to a principle laid down chap, v., sec. ix., of the Form of Government, the members of said judicatories be excluded from a seat in the next Assembly, until their case shall be decided. — 1837, p. 425. [After the passage of the acts declaring the Synods of "Western Reserve, Utica, Geneva and Genesee to be no longer integral parts of the Presby- terian Church in the United States, the following was adopted, viz. :] b. Dr. Cuyler, from the Committee appointed to consider and report to the Assembly on the subject of citing inferior judicatories, presented a report, which was amended and adopted, and is as follows, viz. : The Committee believe, that, for the present, there is no urgent necessi- ty to cite any inferior judicatories; and after what has been done toward the reform of the Church during the present sessions of the General As- sembly, they believe it will be best to wait for a time, without further de- cisive action, in the hope that those portions of the Church against which serious charges are still made by common fame, will see the necessity of taking order on the subject, and doing, without delay, what truth and righteousness may require of them. We deem it proper, however, to say, that several of the Synods are so seriously charged, in several respects, that this Assembly would be want- ing in faithfulness to itself, to them, and to the cause of Christ, as well as to the principles of justice and fair dealing, in carrying out its own prin- ciples, if it did not specially urge several of them to give prompt and par- 542 OF DISCIPLINE. ticular attention to certain matters, in -svhich they, or some of their Pres- byteries or churches, are specially charged. We, therefore, recommend the adoption of the following resolutions, viz. : 1. Resolved, That the Synods of Albany and New Jersey be enjoined to take special order in regard to the subject of irregularities in church order, charged by common fame upon some of their Presbyteries and churches. 2. That the Synod of Michigan be enjoined to take special order in regard to the subject of errors in doctrine, so charged upon all its Presby- teries. 3. That the Synod of Cincinnati be enjoined to take special order in regard to error in doctrine, so charged as being connived at by several of its Presbyteries, and held by some of its members. 4. That the Synod of Illinois be enjoined to take special order in regard to errors in church order and errors in doctrine, so charged upon several of its Presbyteries. 5. That besides the general reference to the word of God and our stand- ards, we refer the Synods above named to the testimony of this General Assembly, as to the nature of the errors and irregularities intended by it, in these resolutions. And said Synods are enjoined to take order on the subjects now referred to them for consideration and action, at their first stated meeting after this Assembly adjourns ; and to report their doings herein, with whatever else seems to them necessary to elucidate the whole subject, in writing, to the next General Assembly. 6. And the said five Synods are especially enjoined, and all other Synods in our bounds are required, to cause to be laid before the next General Assembly, as far as possible, copies of all the abbreviated creeds and church covenants in use among their churches; which subject is also particularly commended to all our Presbyteries, both in relation to the present demand, and with reference to the testimony of this Assembly on that subject. — 1837, p. 496. SECTION II. OF REFERENCES. I. A reference is a judicial representation, made by an inferior judicatory to a superior, of a case not yet decided ; which represen- tation ought always to be in writing. [The language of this section strictly interpreted would seem to limit the subject-matter of reference to judicial cases, and the parties referring to inferior judicatories. The usage of the Assembly, however, has been uniform, to receive, under the general head of " Overtures," memorials, questions and petitions from all sorts of sources and upon all manner of questions.] 1. The Right to Petition and to Memorialize the Assembly AflBrmed. a. We, the undersigned, members of Assembly, respectfully enter our protest against the action of the General Assembly in postjioning indefi- nitely the resolution offered by Dr. Neill, in favor of the right of petition by our Presbyteries and Synods ; because, 1st. No opportunity was offered to any member to express his views on the subject previously to the vote ; thus the Assembly was hurried into a OF EEFERENCES. 543 decision, -without opportunity to consider the great injuries done by thus virtually denying this sacred right. 2d. Because the spirit of our free Form of Government is thus vio- lated, inasmuch as it secures to the lower judicatories the right of being heard on all moral and religious subjects, when they present their vie\YS in a regular and constitutional manner. To this the Assembly reply : The protest imputes to this Assembly a principle which it never adopted, viz., the denial of the right of petition. The true reason of the indefinite postponement of Dr. Neill's paper was, that as no one doubted the right of petition, a further consideration of the subject would consume time by useless debate and legislation. The Committee regard this statenient as a sufficient answer to the protest in question. — 1841, p. 449, O. S. b. The Committee to whom was referred the protest of W. Bushnell and others in relation to the action of the Assembly on certain petitions respecting the abolition of slavery reported, recommending the adoption of the following minute: The General Assembly recognizing the right of inferior judicatories, and private members, ^(po)l their ouni respondbility, to memorialize this body on any subject which they may regard as connected with the inte- rests of the Church, and finding no fault with the language of the protest, admit it to record without further notice. — 1844, p. 376, 0. S. 2. One -who does not Submit is Debarred the Right. The Committee to which was referred the petition of ]\Ir. Bourne reported, and their report being read was accepted. Whereupon it was resolved, that as it a}tpears to be a fact that Mr. Bourne has not submitted to the judgment of the Assembly in affirming a decision by which he was deposed from the gospel ministry, he be permitted to withdraw his peti- tion.—1823, p. 93. II. Cases Avliieh are new, important, difficult, of peculiar delicacy, the decision of which may establish principles or precedents of ex- tensive influence, on which the sentiments of the inferior judicatory are greatly divided, or on which, for any reason, it is highly desir- able that a larger body shoukl first decide, are proper subjects of reference. a. The Synod of the Carolinas referred to the Assembly the case of Rev. Hezekiah Balch, charged with error in doctrine. — 1798, p. 151. b. The Presbytery of Philadelphia on the propriety of their ordain- ing to the work of the gospel ministry a licentiate under their care who now holds the office of a chaplain in the navy of the United States. See Form of Government, chap, xv., sec. xv. — 1826, p. 171. c. The Presbytery of Cayuga relative to the constitutionality of a rule of that body. See Form of Government, chap, x., sec. viii. — 1830, p. 284. d. The Synod of Philadelphia in relation to the right of Presbyteries to require every minister or licentiate, coming to them by certificate from another Presbytery or other ecclesiastical body, to submit to an examina- tion before he be received. — 1832, p. 355. e. Overture No. 4, viz. : A reference from the Presbytery of AVest Ten- nessee, requesting an answer to the two following questions, viz. : " 1. What are the nature and duties of the office of deacons f 2. What is the scrip- tural and appropriate mode of ordination ?" was taken up, and after some 544 OF DISCirLINE. discussion, committed to Mr. Beach, Mr. Vail and Mi-. Hoyt. — 1833, p. 393. /. The Committee to whom was referred Overture No. 2 made a report, which was read and adopted, and is as follows, viz. : The Committee appointed to consider and report on Overture No. 2, which is in the following words : "Is it lawful and consistent with the order of our Church for a church court to reconsider and set aside its own decision in a case of discipline, after a lapse of five or six years from the time the decision was made, after the court has so changed, that many of its members were not members at the time of the decision, and when no new testimony is proposed ?" beg leave to report that, in their opinion, the proper answer to this overture will be found included in the following principles, viz. : 1. Our Book of Discij)line, chap, ix., sec. i., provides, that if after a trial before any judicatory, new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper for him to ask, and for the judicatory to grant, a new trial. 2. It is very conceivable that after the lapse of five or six years the sentence of an ecclesiastical court, which was originally considered as just and wise, although no new testimony, strictly speaking, has appeared, may in the view of the church appear under an aspect equivalent to new testi- mony, and calling for reconsideration ; yet, 3. Inasmuch as the frequent reconsideration of cases adjudged by the inferior judicatories, without the appearance of new testimony, admits of great and mischievous abuse, and might lead to an endless recurrence of reviews and reversals of former decisions, in the absence of a majority of the coui't pronouncing the same ; it is evidently more regular, safe and for edification, when a review of a decision, without the disclosure of new testimony, is thought desirable, to refer the case to the next higher judica- tory.—1833, p. 405. III. References are either for mere advice, preparatory to a decis- ion by the inferior judicatory; or for ultimate trial and decision by the superior. a. A reference from the Presbytery of Chenango asking advice in the case of Rev. Edward Andrews, a member of that body, who has recently withdrawn and received episcopal ordination, was taken up. See Form of Government, chap, x., sec. viii. — 1828, p. 239. See also 1832, p. 3G3. h. The permanent clerk announced to the Assembly that there had been put into his hands a reference from the Presbytery of Philadelphia of the whole case of the Rev. Albert Barnes before that body. This case was referred to the Judicial Committee. — 1831, p. 321. IV. In the former case, the reference only suspends the decision of the judicatory from which it comes: in the latter case, it totally relinquishes the decision, and submits the whole cause to the final judgment of the superior judicatory. [Against the reference above, iii., a complaint was entered, as also a complaint against the action of the Presbytery in the case. After the whole proceedings of the I*resbytery had been read, and the sermon enti- tled " The Way of Salvation,"} the j^'arties then agreed to submit the case to the Assembly without argument, when it was resolved to refer the OF EEFERENCES. 545 wliole case to a select Committee. Dr. Miller, Dr. Matthews, Dr. Lan- sing, Dr. Fisk, Dr. Spring, Dr. J. McDowell, Mr. Bacon, Mr. Ross, Mr. E. White, ]\Ir. Jessup and JNIr. Napier were appointed this Committee. — 1831, p. 325. Subsequently, the Committee to whom was referred the whole ease in relation to the Rev. Albert Barnes, made a report, which being read was adopted, and is as follows, viz. : That after bestowing upon the case the most deliberate and serious con- sideration, the Committee are of the opinion that it is neither necessary, nor for edification, to go into the discussion of all the various and minute details which are comprehended in the documents relating to this case. For the purpose, however, of bringing the matter in controversy, as far as possible, to a regular and satisfactory issue, they would recommend to the Assembly the adoption of the following resolutions, viz. : Resolved, 1. That the General Assembly, while it appreciates the consci- entious zeal for the purity of the Church, by which the Presbytery of Phila- delphia is believed to have been actuated in its proceedings in the case of Mr. Barnes; and while it judges that the sermon by Mr. Barnes, entitled " The Way of Salvation," contains a number of unguarded and objec- tionable passages, yet is of opinion that, especially after the explanations which were given by him of those passages, the Presbytery ought to have suffered the whole to pass without further notice. Resolved, 2. That in the judgment of this Assembly, the Presbytery of Philadelphia ought to suspend all further proceedings in the case of Mr. Barnes. Resolved, 3. That it will be expedient, as soon as the regular steps can be taken, to divide the Presbytery in such way as will be best calculated to promote the peace of the ministers and churches belonging to the Pres- bytery. With respect to the abstract points proposed to the Assembly for their decision in the Reference of the Presbytery, the Committee are of the opinion that if they be answered they had better be discussed and decided in thesi separate from the case of Mr. Barnes. The Judicial Committee reported that the other complaints and the ref- erence in relation to the case of JNIr. Barnes, they considered as merged in the report just adopted. This report was accepted. The Assembly having finished the business in relation to Mr. Barnes, united in special prayer, returning thanks to God for the harmonious re- sult to which they have come; and imploring the blessing of God on their decision. — 1831, p. 329. V. Although reference may in some cases, as before stated, be higlily proper; yet it is, generally speaking, more conducive to the public good, that each judicatory should fulfill its duty by exercising its judgment. VI. Although a reference ought, generally, to procure advice from the superior judicatory; yet that judicatory is not necessarily bound to give a final judgment in the case, even if requested to do so; but may remit the whole cause, either with or without advice, back to the judicatory by which it was referred. [See under viii., below. The Committee appointed to draw a minute on the subject of the 69 546 OF DISCIPLINE. memorial from the session of the First Church in Genoa, reported the fol- lowing, which was adopted, viz.: lieso/ved, That the church of Genoa be referred to the minute of the Assembly formed in the case of David Price, in the )'ear 1825 ; from which it will appear, that in the judgment of the Assembly, " an admon- ition" was "deserved" by the said Price, in consequence of his unchris- tian conduct. And it is the judgment of this Assembly, that the session ought immediately to have administered such admonition ; that they ought still to administer it; and that if the said Price refuse to submit to such admonition, or do not thereupon manifest repentance and Christian tem- per, to the satisfaction of the church, he ought not to be received into the communion of that or any other Presbyterian Church. — 1827, p. 202. YII. In cases of reference, the members of the inferior judicatory making it, retain all the privileges of deliberating and voting, in the course of trial and judgment before the superior judicatory, which they would have had, if no reference had been made. A'lII. References are, generally, to be carried to the judicatory immediately superior. 1. Reference Directly to the Assembly Permitted. a. The General Assembly sympathize with you (the Presbytery of Har- mony) in the painful business detailed to them, and lament the unpleasant events which have taken place relative to Dr. Kollock. And it would afford the Assembly no small degree of pleasure fully to comply Vvith the request of the Presbytery, and in such manner as to remove their difficul- ties and heal the wounds which have been inflicted. It will be admitted by all that the decisions of the Assembly should be marked with correct- ness and wisdom, and it will be as generally admitted that it is highly needful to enable them to do this, that they have a correct and clear view of the cases or facts on which they are to decide. The Presbytery of Har- mony request the Assembly to examine their conduct, and to censure or support them, as they shall appear to have done right or wrong. The Assembly are ready to do this, and it is believed will cheerfully do it as soon as the records of the Presbytery of Harmony, which relate to this subject, shall be fully liefore them. In the mean time, it is with pleasure that the Assembly reflect that the Presbytery of Harmony, by can-ying this subject to the Synod of which they are a constituent part, may i)rob- ably obtain a more speedy relief than they could receive in the event of waiting for the decision of the next General Assembly. — 181(), ji. 615. b. The Permanent Clerk announced to the Assembly, that there had been put into his hands a reference from the Presbytery of Philadelphia of the whole case of the Rev. Albert Barnes before that body. Tliis case was referred to the Judicial Committee.— 18ol, p. .'521. c. And the case of the Rev. Horace Belknap, referred to the General Assemblv by the Presbytery of Harmony. Referred to the Judicial Com- mittee.—1831, p. 319. [See also 1832, pp. 362, 363.] d. Overture No. 6, viz.: A request from the Presbytery of Delaware for advice in a certain case, was referred back again to the Presbytery for a more particular statement of the case, and that said Presbytery may send it, in the first place, to the Synod for advice. — 1832, p. 362. OF REFEEEXCES. 547 IX. In cases of reference, the judicatory referring ought to have all the testimony, and other documents, duly prepared, produced, and in perfect readiness ; so that the sujierior judicatory may be able to consider and issue the case with as little difficulty or delay as pos- sible. 1. Testimony Attested by the Moderator and Clerk SuflQcient. The following question, signed by William C. Davis, "Whether testi- mony taken before a session, and sent up to the Presbytery under the sig- nature of moderator and clerk, will not be sufficient in references as well as appeals to render the case thus referred both orderly and cognizable by Presbytery," was answered in the affirmative. — 1797, p. 128. 2. A Superior Court may Entertain a Reference which is not Ac- companied by the Testimony, and Proceed itself to take it. The records of the Synod of Kentucky approved, " with one exception, viz. : According to the record on page 66, the Synod taught and acted on the principle that a Presbytery acts irregularly, which upon the reference of a church session, takes the testimony and issues the case according to its bearings, even when the parties concerned agree to the reference. Your Committee are of opinion that this principle is wrong in itself, and evil in its tendency, and therefore recommend this Assembly to express its disapprobation of it." — 1853, p. 455, O. S. In reply to a protest against this decision, the Assembly says : The action condemned is not " in exact accordance with the Constitu- tion, Discip., chap, vii., sec. ii., art. ix.," as asserted by the protestant; the article referred to containing a rule, designed to facilitate business, but as its language shows, it does not preclude a Presbytery from taking original testimony in certain cases, and it does not appear from the records that the Presbytery of Muhlenburg was irregular in so doing. — 1853, p. 456, O. S. Reference, except from Synods or Presbyteries, Discouraged. The report of the Joint Committee on Reconstruction recommended the following, which was adopted: As much time is consumed, and the attention of the Assembly dis- tracted with overtures and questions of minor importance, coming up from various quarters, impeding the transaction of business of more general interest, it is recommended that the Assembly order that, here- after, bills and overtures come up only from Synods or Presbyteries; yet, that this may not prevent any Committee of Bills and Overtures from bringing before the house, of its own motion, upon a two-thirds vote of the Committee, any matter which they may deem of sufficient importance to engage the attention of the General Assembly. — 1870, p. 90. 548 OF DISCIPLINE. , SECTION III. OF APPEALS. I. An appeal is the removal of a cause already decided, from an inferior to a suj)erior judicatory, by a party aggrieved. [Before the adoption of the Constitution in its present form, in 1821, no distinction was made between an appeal and a complaint. The com- mon form was, " we appeal and complain." Under' this broad title any decision whatever was carried by any parties from the lower courts to the higher. Appeals are limited, by the present Constitution, to the original parties to a case who may deem themselves aggrieved, and to cases which have been judicially decided by a lower judicatory. Under this head, however, are included all cases of whatever character which have been the subject of a decision by an inferior judicatory. Cases showing the parties whose appeals have been entertained, and the subjects to which they pertain, may be found under sees. ii. and iii. ; sections vi., vii., viii., ix., X. and xi., apply also to complaints. The same case was tried both as an appeal and a complaint. — 1834, p. 431 ; 1835, p. 490 ; 1836, p. 276. 1.- The Death of the Respondent bars further Prosecution. And on page 277 it appears that the Synod of New York decided that the death of Rev. Mr. Griffith should be no bar in the way of the prose- cution of an appeal by his prosecutor from the decision of the Presbytery of Bedford acquitting Mr. Griffith. With these exceptions, the Com- mittee recommended that the records be approved. Their report was adopted.— 1833, p. 400. 2. Appeals Limited to Judicial Cases. The complaint of A. D. Metcalf, etc., against the Synod of Virginia, for deciding that appeals may lie in cases not judicial, was taken up. The decision complained of, the reasons of complaint assigned by the complainants, and the whole record of the Synod in the case were read. The complainants were heard in support of their complaint. The Synod were heard in defence of their decision. The roll was called, that each member of the Assembly might have an opportunity of expressing his opinion. After which, the vote was taken, and the complaint was sus- tained.—1839, p. 160, 0. S. II. All persons who have submitted to a regular trial in an infe- rior, may appeal to a higher judicatory. III. Any irregularity in the proceedings of the inferior judicatory ; a refusal of reasonable indulgence to a party on trial ; declining to receive important testimony; hurrying to a decision before the testi- mony is fully taken ; a manifestation of prejudice in the case ; and mistake or injustice in the decision — are all proper grounds of ap- peal. [Appeals have been Entertained and Issued for Causes Named, viz.,] 1. For Refusing to Permit a Call. a. The unfinished business of yesterday, viz., an appeal from a decision of the Synod of Philadelphia, affirming a decision of the Presbytery of OF APPEALS. 549 Carlisle, in which decision the Presbytery resolved not to put into his hands a call for the Rev. Henry R. Wilson, from the congregation of Car- lisle, being resumed and fully discussed, it was Resolved, That the decision of the Synod of Philadelphia be affirmed. And it was accordingly affirmed. — 1814, p. 548. h. The business left unfinished yesterday was resumed, viz., the consid- eration of the appeal of the Presbytery of Hudson from a decision of the Synod of New York and New Jersey, reversing a decision of said Presbytery, by which the Presbytery determined not to give leave to the congregation of Goodwill to prosecute before the Presbytery of New York a call which they had prepared for the Rev. William Gray, a member of that Presbytery. It was moved and seconded that the appeal of the Presbytery of Hud- son be sustained. After a full discussion of the subject, the question being taken on this motion, it Avas determined in the affirmative, and the appeal was therefore sustained. — 1817, p. 644. 2. Against a Befusal to Obey the Superior Court. An appeal from, and complaint against, a vote of the Synod of Phila- delphia, in the case of Mr. Hindman, was introduced before the Assem- bly through the Committee of Overtures, and read. It was as follows, viz. : It was overtured by the Presbytery of New Castle, that the Synod be requested to review the minute of their last meeting on the case of Mr. Hindman, and also to take into their consideration the conduct of Lewes Presbytery, in the affiiir of his licensure. The vote being put, grant their request or notf it Was carried not. We, whose names are hereunto annexed, dissent from the aforesaid vote of Synod, and complain of and appeal therefrom, to the next General Assembly, for the following reasons: 1. Because, in our apprehension, the Synod have, by their vote in this affiiir, deprived aggrieved members of a privilege to which they have a just claim. 2. Because the Synod by this vote have, in our opinion, refused to correct the errors in their pi'oceedings of last year, which were censured by the General Assembly, and which, in consequence of that censure, ought to be corrected. 3. Because the vote, as we believe, will, in its effects, tend to keep alive and increase uneasiness in the Presbyteries of New Castle and Lewes. 4. Because we believe that the whole transactions of the Synod of Phila- delphia, relative to this affair, have been in direct violation of a known and wholesome rule of the Synod of New York and Philadelphia, respect- ing the licensure of candidates, and contained in tiieir ]\linutes of 1764, pages 78 and 80. And we likewise believe, that this violation has a tend- encv to promote irregularity, deception and injury, both among tlie churches and judicatures of the Presbyterian body. — 1792, p. 53. [This appeal was entertained and issued, see p. 56. The Synod was cen- sured, but the licensure complained of was confirmed, though declared to be irregular.] 3. Appeal for Refusing to receive an Applicant. A complaint and ajipoal of the Rev. Thomas Ledlie Birch, against cer- tain proceedings of the Presbytery of Ohio, in the case of ]\Ii'. Birch, par- ticularly for refusing to receive him as a member of their body, on the ground of a supposed want of acquaintance with experimental religion, 550 OF DISCIPLINE. together with a representation of the congregation of Washington, in the bounds of said Presbytery, on the same subject, was brought in by the Committee of Bills and Overtures. On motion, Resolved, That tlie Assembly will proceed, on Monday morning next, to hear said complaint and appeal. — 1801, p. 213. Subsequently the Assembly — Resolved, That no evidence of censurable procedure in the Presbytery of Ohio, in the case of Mr. Birch, has appeared to this house ; inasmuch as there is a discretionary power necessarily lodged in every Presbytery to judge of the qualifications of those whom they receive, especially with respect to experimental religion. — 1801, p. 218. The Assembly having examined Mr. Birch, especially upon his acquaint- ance with experimental religion. Resolved, That they find no obstruction against any Presbyter}' to which he may apply taking him up and pro- ceeding with him agreeably to the rules and regulations in this case made and provided. — 1801, p. 221. In the next Assembly Mr. Birch complains, inter alia, " That the Presbytery of Ohio rejected him, in opposition to the decision and intention of the General Assembly." — 1802, p. 246. This complaint was not sustained. 4. Appeal against an Order or Decision of the Superior Court. a. An appeal from the session of the Third Presbyterian Church of Phila- delphia from the decision of the Synod of Philadelphia, affirming a decision of the Presbytery of Philadelphia, in w'hich decision the Presbytery re- quired said session within twenty days from the date of their decision, or after the final determination of the case, to convene the congregation for the purpose of electing a pastor, was determined in the affirmative. — 1814, p. 559. For the full minute of the decision, see Form of Government, chap, xiv., sec. i. b. [The Second Presbytery of Philadelphia appealed against and com- plained of the act of the Synod of Philadelphia, ordering it to be merged in the Presbytery of Philadelphia. Both appeal and complaint were sus- tained and the act of the Synod p?'o ta}ito declared void.] — 1834, p. 432. e. The Assembly took up the appeal and complaint of the Second Pres- bytery of Philadelphia in relation to the decision of the Synod of Phila- delphia dissolving them as a Presbytery. The final vote was taken, first on the appeal, which was sustained, and then on the complaint, which was also sustained. — 1836, pp. 273-276. 5. An Appeal -will not Lie against a Judicatory for Obeying the Order of a Superior Judicatory. Appeal of Eev. INIr. Hummer against the Presbytery of Highland. The last General Assembly passed the following order, viz.: Overture No. 19. That the General Assembly would take action and give relief in the case of Rev. Michael Hummer, who, having been deposed by the Presbytery of Iowa, had been restored by the Presbytery of Highland against the remonstrance of the Presbytery of Iowa, just as if he was an independent minister. In answer, the Assembly declares that it is irregular and unconstitu- tional for any Presbytery to receive and restore a member of another Presbytery who had been deposed, and therefore the action of the Pres- bytery of' Highland, in restoring Mr. Hummer, was improper; and the OF APPEALS. 551 Presbytery of Highland is directed to reconsider its action, and proceed according to the requirements of the Constitution. The report was adopted. The Presbytery of Highland adopted the following minute: Whereas, We believe that our action in the reception of Brother Hum- mer was unconstitutional ; and whereas, we have no choice, in view of the direct injuncti(m of the General Assembly; therefore, Resolved, That we do now proceed to reconsider the action of this Pres- bytery, by which INIr. Hummer was received into this body. Resolved, That this action of Presbytery be understood as putting the case into the position it occupied previous to his reception. Resolved, That Presbytery earnestly advise Mr. Hummer to appeal once more to the Presbytery of Iowa to take up his case, in order that, in the event of their refusal to do him justice, he may appeal to the Synod, and thence, if necessary, to the General Assembly — which resolution was adopted. Against this proceeding Mr. Hummer appeals. But it appears that the Presbytery of Highland did nothing more than they were required to do by the General Assembly ; that is to say, they reconsidered and set aside the action which the Assembly had dechired "irregular," "unconstitutional," and "improper." In the judgment of the Committee, an appeal does not lie in such a case, and they recom- mend that it be dismissed, and Mr. Hummer have leave to withdraw his papers. The report was accepted and adopted, and the case dismissed, — 1863, p. 35, O. S. 6. An Appeal Dismissed because no Evidence is presented to Sustain the Allegation. Appeal and complaint of certain persons claiming to be ruling elders of the church at Little Falls vs. the Synod of Albany. That they have examined the records and papers in said case ; and although the appeal has been taken in proper form, and after due notice, yet, as there has been presented no evidence to sustain the allegations set forth as grounds of reversal, and as the allegations cannot therefore be tried by the Assembly, the Committee recommend that the said appeal and complaint be dismissed. Adopted. — 1861, p. 312, O. S. Also case of AVilliara McElwee t's. Synod of Toledo. — 1873, p. 509. v. Appeal "will not Lie against a Refusal to Adopt a Paper or Determine a Constitutional Question in thesi. a. The Judicial Committee having had under consideration No. 1, the appeal and complaint of the Rev. Eobert J. Breckinridge, D. D., and others, against a decision of the Synod of Philadelphia, on the quorum question ; and No. 2, the appeal and complaint of the Kev. R. J. Breck- inridge, D. D., and others, against a decision of the Synod of Pliihidel- phia, on the question of the imposition of hands in ordination, rejKtrt, that in their opinion the Form of Government and Diseii)line of the Presbyte- rian Church do not authorize the appellants and comphiinants to bring before the General Assembly, either an appeal or comphiint in the cases referred to. The report was adopted. — 1844, p. 366, O. S. [Against this a protest was entered, and the Assembly rejoin. See below, chap, vii., sec. iv., sub-sec ii.] 552 OF DLSCIPLIXE. 8. Nor -where the Court acts -within the Limits of its Po-wer and Authority. The Special Committee, appointed to prepare a minute expressive of the sense of the Assembly in passing the vote in the case of the appeal of Silas Miller from the decision of the Synod of Illinois, recommended the adoption of the following minute: The Assembly, having heard the appeal of Silas Miller from the decis- ion of the Synod of Illinois, the sentence appealed from and the reasons assigned therefor, the whole record of the proceedings of the Synod in the case, including all the testimony and the reasons of their decision ; and having heard the original parties by their counsel, namely, the appellant,, by his counsel, Rev. George I. King, D. D., and the session of the church of Tuscola, by the Rev. Edwin Black ; and having also heard the Rev. Livingston M. Glover, D. D., and others, members of the said Synod, in explanation of the grounds of their decision, and having carefully consid- ered said appeal and the reasons assigned therefor by the appellant, are of the ojiinion that there is no valid ground for the appeal, in that it does not appear that the Synod exceeded its power and authority in the prem- ises, or that it did any of the matters or things specified in chap, vii., sec. iii., paragraph 3, of the Book of Discipline, as being proper grounds of appeal ; and therefore the Assembly do now order the appeal of said Silas Miller to be dismissed, and the decision of the Synod of Illinois to be con- firmed.—1867, p. 516, N. S. 9. Nor -where the Action below -was Regular, and Itself accord- ing to the Equities of the Case. Sixth. Case of M. A. Rockefeller, H. N. Waples, and M, E. Starick vs. the Synod of Harrisbui-g. These persons complain and appeal, because the Synod decided their case without hearing both sides fully, since their representative was absent on the last day of the hearing; and because of injustice, in that the Synod did not regard the embarrassments of their position, and the irregularity of the action of the session and the Presbytery, from which they ai)j>ealed. The Committee learn from the records of the Synod, to which tiiese ap- pellants refer, as their only testimony, that a full hearing was granted, their representative being heard as long as he desired to speak, and in his absence, after having addressed the Synod, another representative was permitted to serve in his place ; and all the provisions of the Book were granted the appellants. ^loreover, the decision of the Synod, from which the appeal was taken, contained an injunction upon the Presbytery, to enjoin the session to invite these n)embers of the Church to return to their duties and privileges in the Church, with the assurance that, if they would do so, the action against them should be annulled. The Committee, there- fore, fail to find ground for their complaint, for either of the reasons they specify, and recommend that the case be dismissed. Adoi)ted. — 1873, p. 509. IV. Appeals may be, either from a part of the ])rooecdings of a judicatory, or from a definitive sentence. V. Every appellant is bound to give notice of his intention to appeal, and also to lay the reasons thereof, in writing, before the judicatory appealed from, either before its rising, or witiiin ten days OF APPEALS. 553 thereafter. If this notice, or these reasons, be not given to the judi- catory while in session, they shall be lodged with the moderator. 1. Notice must be Given and Reasons in Writing-. a. An appeal of Mr. Benjaiuiu Bell from a decision of the Presbytery of Geneva, aud also an appeal of Mr. Bell from the decision of the Synod of Geneva, were laid before the Assembly by the Judicial Committee. These appeals were both dismissed, on account of the judicatories, from whose decisions they had been taken, not having received due notice from Mr. Bell that he designed to prosecute them before this Assembly. — 1821, p. 25. h. The appeal of Mr. Charles Yale from a sentence of the Presbytery of Bath, deposing him from the gospel ministry, was taken up and dis- missed, because it appeared that Mr. Yale gave notice to said Presbytery that he should appeal to the Synod of Geneva, several days before he sig- nified his desire to the moderator of Presbytery to appeal to the General Assembly.— 1826, p. 187. c. Resolved, That the appeal [of certain pew owners of the First Pres- byterian Church in Troy] be dismissed, on tlie ground that the Synod has not had the constitutional notice of the reasons of the appeal — 1828, p. 242. 2. Evidence that Notice has been Given is Required. a. The Judicial Committee, to whom was recommitted the appeal of the church of Bergen, made the following report, which was adopted, viz. : They recommend that said appeal be dismissed, on the ground that the only paper which appears to be intended as an appeal, is without date or signature, or evidence that it was ever before the Synod of Genesee, or lodged with the moderator of said Synod. — 1830, p. 292. A Synod Censured for Entertaining an Appeal tvitJiout Notice. h. The records of the Synod of Utica were approved with the follow- ing exceptions: 1. That the Synod issued an appeal from the inferior judicatory, when it appeared before them that an appellant had not given notice in writing that he should appeal, with his reasons assigned for appealing, as required by the Book of Discipline, before the rising of the judicatory appealed from, or within ten days thereafter. 2. That the Synod violated the principles of the Constitution in quali- fying the members of the inferior judicatory to ascertain whether an appeal had been given, when the Book of Discipline requires that the appeal shall be lodged in the hands of the moderator; and further, tluit the inferior judicatory shall send authentic copies of all the records, and of all the testimony relating to the matter of appeal up to the Synod, whose duty it is to issue the appeal, when found to be in order, and in accord- ance with the Book of Discipline. — 1840, p. 12, N. S. c. The Committee further reported No. 13, viz.: Complaint of John Cochran against the Synod of Philadelphia, and reconnnended that the complainant have leave to withdraw his papers, on the ground that the Committee have no evidence that notice of said complaint was given to the Synod.— 1834, p. 434. 70 554 OF DISCIPLINE. 3. "When a Ne-w Trial is G-ranted by the Superior Court, Notice must be Given by the Appellant. The appeal of Mr. Craighead from a decision of the Synod of Ken- tucky was taken up, and being read, it appeared on inquiry that the Synod of Kentucky was not ready for trial, because Mr. Craighead had failed to give them notice that he intended to avail himself of the privi- lege granted by the last Assembly, by prosecuting his appeal ; therefore, Resolved, That the further consideration of this appeal be postponed, and that Mr. Craighead be informed, that if he wishes to prosecute his appeal before the next General Assembly, he must give notice of his intention to the Synod of Kentucky. — 1823, p. 92. 4. Failvire of the Court to Receive Notice does not bar the Ap- pellant. This Assembly are of opinion that Mr. Lowrey complied with the rule of the Book of Discipline, respecting the notice given, in the case of his appeal ; but as this notice appears not to have been received by the Synod, they were not censurable for not sending up the records. — 1824, p. 115. [In this case the Assembly satisfied itself that the notice was sent within the ten days after the rising of the judicatory.] 5. Leave to Sho"W" that Notice has been Given to the Court Ap- pealed from. On motion of E. P. Humphrey, it was Resolved, That the case be re- ferred to the next General Assembly with leave to appellants to show them that they gave the Synod notice for an appeal. — 1859, p. 540, O. S. 6. On Evidence of Notice the Case Reinstated. No reasons accompany the complaint, and there is no evidence that any notice of complaint was given to the Synod. Complaint dismissed and leave given to withdraw papers. — 1865, p. 542, O. S. [The next year the complainant above came before the Assembly by overture or memorial, when action was taken, as follows, viz.:] Also Overture No. 21, relating to an appeal of the Rev. L. R. Lock- wood, presented by his counsel. Rev. James Remington. This appeal against the Synod of Iowa, for not sustaining his appeal from the Presbytery of Dubuque, was dismissed by the last Assembly, on the ground that no reason accompanied the complaint, and there was no evidence that any notice of complaint was given to the Synod. ]\Ir. Lock- wood now memorializes this Assembly, and alleges that the recjuired notice of appeal* was given to the Synod, and tluxt he was then, and still is, pre- vented from attending the Assembly during its last and present sessions, and he asks tluit liis appeal nuiy be reinstated, and referred to the next Assembly for trial. The Committee recommend that his request be granted. He furtlier asks that the Assembly direct the Presbytery of Dubuque to grant him a new trial, on the ground of new testimony. The Committee recommend that this application be referred to the Presbytery of Dubuque, to the end that if the new testimony be found of sufficient importance to justify, that Presbytery may afford Mr. Lock- wood the relief lie asks, liut if, in their judgment, a new trial ought not to be granted, that then the ai>i)eal shall stand for trial on the record as now existing, before the next General Assembly. The rejiort was adopted. — 18G6, p. 72, O. S. OF APPEALS. 555 TI. Appeals are generally to be carried in regular gradation, from an inferior judicatory to the one immediately superior. 1. Appeals may be Prosecuted directly before the Assembly, a. That inasmuch as the request of Mr. Bourne to be tried on an appeal before the General Assembly rather than the Synod may be reasonahle, and inasmuch as the words of our Constitution, viz. : " The Assembly sliall receive and issue all appeals and references which may be regularly brought before them from the inferior judicatories," etc., have been inter- preted favorably to such a request, the General Assembly do order, that a certified copy of the records of the Lexington Presbytery in this case be duly made, and transmitted to the next Assembly, unless the Synod of Virginia, to which the Assembly can have no objection, shall have previ- ously received the appeal. [But that this constitutional question, as well as the merits of the case, shall remain open for discussion at that time.] — 1816, p. 627. b. Resolved, That the records of the Synod of Virginia be approved, except their censure of the Presbytery of Lexington for allowing an ap- peal from their decision directly to the Assembly, without noticing the supposed irregularity of such appeal. — 1818, p. 688. c. An overture from the Presbytery of Baltimore, in relation to the practice of inferior judicatories in carrying appeals and complaints directly to the General Assembly, without first bringing them to their respective Synods, made the following report, which was adopted, viz. : That the Constitution of our Church is so explicit that it requires no order of the Assembly in relation to the case brought to view in this overture. — 1833, p. 396. [The principle guiding the Assembly seems to be that where there is no sufficient reason for passing by the next superior court, the case should go there. But where good reasons for carrying it directly to the Assem- bly are assigned, it w'ill be entertained. In this the usage is the same both as to appeals and complaints.] 2. Appeals Dismissed because not first Brought in the Lower Courts. a. The Judicial Committee reported two appeals of Samuel Lowrey; the first from a special decision of the session of the Second Presliyterian Church of Cincinnati ; the second from a decision of the Presbytery of Miami. These appeals were dismissed, because the appellant liad not prosecuted his appeals before the inferior judicatories. — 1822, p. 36. h. The Judicial Committee made the fdlowing report on the complaint of the Presbytery of Philadelpliia against the Presbytery of Cohuubia, relative to the licensure of Mr. Samuel Shaffer, which was adopted, viz. : That it is a desirable thing to prevent the unnecessary accumulation of business before the General Assembly ; that no good reason appears why the Svnod of Albany, who must be entirely competent to issue the com plaint, should be passed by, and that, therefore, in their judgment, the matter ought to go before that body. — 1828, p. 237. c. The Judicial Committee made a report in relation to the appeal of ]Mr. Matthew H. Rice, from a decision of the Presbytery of East Hanover, which was adopted, and is as follows, viz. : That the appellant had leave to withdraw his appeal on the following ground, viz. : No reasons are assigned by the appellant for making this appeal to the General Assembly instead of the Synod. — 1830, p. 298. 556 OF DISCIPLINE. d. The Judicial Committee reported on the complaint of John Cochran against the session of the Eighth Presbyterian Church in Philadelphia, and against the Presbytery of Philadelphia, and their report was adopted, and is as follows, viz.: The complaint of John Cochran against a decision of the session of the Eighth Presbyterian Church of Philadelphia, which was dismissed by the Presbytery of Philadelphia as " irrelevant and unfounded," appears to have been regularly conducted, except that it is brought directly to the Assembly, from the Presbytery, instead of being carried first to the Synod; and no reasons are assigned for this course. Your Committee would there- fore recommend that this case be sent to the Synod for adjudication, should Mr. Cochran choose to prosecute his complaint. — 1833, p. 409. e. The Judicial Committee reported on judicial business No. 7, viz.: the appeal from the decision of the Presbytery of Otsego, by the church at Cooperstown, that it aj^jDcars from the documents that the appeal is made by said church immediately from Presbytery to the Assembly ; and they recommend that the appellants have leave to withdraw their appeal, and prosecute it before the Synod of Utica. This rejiort was adopted. — 1834, p. 432. /. The appeal of Mr. Charles Yale, from a sentence of the Presbytery of Bath, deposing him from the gospel ministry, was taken up and dismissed, because it appeared that Mr. Yale gave notice to said Presbytery that he should appeal to the Synod of Geneva, several days before he signified his desire to the moderator of Presbvtery to appeal to the General Assembly. —1826, p. 187. g. That John Turbitt have leave to withdraw his appeal from the de- cision of the Presbytery of Peoria, deposing him from the ministry, be- cause the case has not been presented before the Synod. — 1859, p. 516, O. S. h. It is earnestly recommended by this Assembly to the Synod of Illi- nois, to reconsider their judgment in the case of Mr. John Turbitt, de- clared at their late meeting, October, 1859 ; and without regarding the circumstance of his having originally passed over the Synod and appealed directly to the Assembly, nor the circumstance of so much time having elapsed since the decision of the Presbytery against him, to take up his case, and either try it as an appeal against the Presbytery upou the old evidence, or else remand it to the Presbytery for their hearing of the new testimony. — 1860, p. 46, O. S. i. Case of Rev. \V. M. White vs. the Presbytery of Washington. From the papers before the Committee, it appears that Mr. White was suspended from the ministry, and excluded from the communion of the church by the Presbytery of Washington at its sessions in November, 1870 ; that since that time he has resided within the bounds of the Presbytery of Pittsburg, and that he made application to the Presbytery of Washington, at its sessions in April, 1873, for a dismission, with a certificate of his standing, to the Presbytery of Pittsburg. This recjuest the Presbytery of Washington declined to grant; and, respecting their decision, have come into the hands of your Conmiittee, 1. A comi)laint of Rev. W. M. White ; 2. A complaint of Revs. David ]\IcKinney and Richard Lea, resident in Pittsburg; 3. A petition, signed by ministers and church members, living in and near the city of Pittsburg, praying that the decision of the Pres- bytery of Washington may be reversed, together with the answers of said Presbytery to these complaints. The complaints have not been before the Synod, with which these Pres- byteries are connected, for the alleged reason that there has been no meet- OF APPEALS. 557 ing of the Synod since the action of Presbytery, and the complainants prefer not to wait until the session of the Synod in the autumn. Your Committee, however, do not see sufficient cause in this case for departure from the rule of our Book of Discipline (chap, vii., sec. iii.), viz.: "Ap- peals are generally to be carried in regular gradation, from an inferior judicatory to the one immediately superior," — and therefore, recommend that all the papers in the case be referred to the Synod of Pittsburg. Adopted.— 1873, p. 508. 3. Where there is no Common Relation, a Complaint is Allowed. Also, Judicial Case No. 3. Being a complaint of the Third Presbytery of Philadelphia, against the Presbytery of Luzerne, for an alleged invasion of Presbyterial jurisdiction. The case is brought before the Assembly, because of these Presbyteries having had no common Synodical relations. The Committee propose that the new Synod take \ip the case, and that the Presbytery of Luzerne cease all action until the Synod decides. — 1870, p. 27. YII. The appellant shall lodge his appeal, and the reasons of it, with the clerk of the higher judicatory, before the close of the second day of their session. [The same rule applies to complaints.] 1. The Appellant must Furnish the Necessary Documents. a. The Judicial Committee reported that they had had under their con- sideration papers marked — Benjamin Bell's appeal, which purports to be an appeal from a decision of the Synod of Geneva ; but tliere has been laid before the Committee no copy of the decision appealed from, no ap- peal, nor reasons of the appeal, nor indeed anything but Mr. Bell's plea, intended by him to be laid before the Assembly; wherefore the Commit- tee requested to be discharged from further consideration of this case. The request of the Committee was granted, and they were accordingly discharged. — 1822, p. 45. h. The Judicial Committee reported that they had before them an ap- peal of JNIr. Benjamin Bell, and requested that they be discharged from any further consideration of this apj)eal, inasmuch as ]\Ir. Bell has pre- sented no documents but his plea, and no notice of this appeal is to be found on the records of the Synod of Geneva; and their request was granted.— 1823, p. 87. e. Debarred as not being within the Constitutional Time. The permanent clerk reported that a complaint had been put into his hands this morning, the ninth day of the session, from ^Ir. James Dick- inson, a ruling elder in the Church of Kipley, in the Presbytery of Buf- falo. Resolved, That inasmuch as this complaint was not presented within the constitutional time, the Assembly do not receive it. — 1834, p. 429. [See also 1837, p. 480.] 2. Deferred in the Absence of Necessary Documents. Mr. Bourne's petition states a decision to have passed against him in the Lexington Presbytery, which by a supplementary paper, he says was 558 OF DISCIPLINE. on the 27th of December last, and contauied a sentence of deposition, from which, on the next day, he gave notice to the Presbytery that he claimed an appeal to the General Assembly. By his affidavit, taken be- fore an alderman of this city, he further declares, that he, by the permis- sion of the Presbytery, transcribed the minutes of their proceedings ; that he afterward wrote in form what he denominates an appeal (meaning, it is presumed, his causes of appeal), and transmitted it to the clerk of the Presbytery with a demand of the copy of the records, and of that paper; but that he had received a letter from the clerk refusing to remove them from the post-office. By his petition, he asks to prosecute his cause before the Assembly, without having first brought his case before the Synod of Virginia; and that if such hearing cannot be granted him at present, that the Assembly will assign him a day. Whereupon, Resolved, 1. That inasmuch as the records of the Lexington Presbytery, the names of the parties to the suit, the charges made before them in writing against Mr. Bourne, the depositions of the witnesses, and other written documents, are not before the Assembly; and as every principle of equity forbids a process in the absence of documents so essential to its being rightly conducted — prayer for a hearing at this time cannot be granted. — 1816, p. 626. [See vi., above. The appeal was taken up and issued. — 1817, pp. 644, 646.] 3. Dismissed as not Lodged in Time. a. The Committee report that the complaint of Geo. P. Strong and others, against the Presbytery of St. Louis, was not put into the hands of the clerk of the Assembly until the third day of its business, it is there- fore barred by the rule. It was dismissed. — 1863, p. 23, O. S. h. Also complaint of Dr. Alfred Neviu, against the Synod of Philadel- phia. The complaint did not come into the hands of the moderator of this Assembly until Monday, the fourth day of the sessions. It is there- fore barred by the rule. Dismissed. — 1863, p. 24. c. The Judicial Committee reported an appeal and complaint of Rev, Di". John W. Martin, against the action of the Presbytery of Allegheny City, for alleged irregularity in dissolving a pastoral relation. Also an appeal and complaint of Dr. Martin, against the Synod of Alle- gheny, in reference to its approval of the minutes of the Presbytery al- leged to be defective. Also an appeal from the Synod of Southern Iowa, in the case of Robert Fulton, with the statement, in each of these cases, that the papers were not placed in the hands of the Assembly within the constitutional time; and, therefore, they recommended, that the appellants have leave to withdraw the papers. The report was adopted. — 1870, p. 106. d. A complaint of Erwin "Wheeler and A. Plallstraft, against the Pres- bytery of Des Moines, in the case of the Rev. Fisk Harmon. The papers in this case were not presented until the fourth day of the sessions of the Assembly, and they are also imperfect. The Committee recommend that the parties have leave to withdraw their papers. The recommendation was adopted. — 1872, p. 51, e. Case of Robert Byers vs. the Synod of Illinois, South, The papers in this case did not come into the hands of the Committee until the fourth day of the session, and after parties interested in it had left, OF APPEALS. 559 having been told that no snch papers had come before us within the time prescribed by the Book, and we report no action in the case. Adopted.— 1873, p. 509. Case of Ignorar.ce of the Rule. f. Thechairmanofth- Judicial Committee stated to the Assembly that an appeal had been put into his hands from Duncan Hamilton and his wife, from a decision of the Synod of Pittsburg, which appeal had not been reported to the clerk of the house, and asked the direction of the Assembly in the case. On inquiry, it appeared this appeal was in the house in season ; and the persons to whom it was entrusted were not aware of the constitutional rule requiring that it be lodged with the clerk. Resolved, That, in the o})inion of the Assembly, the rule has virtually been complied with.— 1830, p. 302. The Rule Interpreted Liberally where due Diligence has been Used. g. That, in examining the papers and records in the matter so referred, your Committee find as follows: 1. That, although, in bringing the case before the General Assembly, there are some mistakes and omissions in the required forms of procedure, such has been the good faith and diligence of the complainant, and such would be the manifest and irretrievable injury he must experience, if his complaint be dismissed, that your Committee believe that, according to the spirit of our Book of Discipline, the complaint is properly before this body. That, in proof of the good faith and diligence of the complainant, it appears, that he was advised, by one of the oldest members of the Synod, to lodge his complaint in the hands of the stated clerk; that, according to the certifying of the stated clerk, the complaint was directed to him within the time prescribed by the Book of Discipline ; and that the stated clerk of the Synod, when receiving the notice, believing it to be properly directed, neither informed the moderator of it, nor advised Mr. Todd oi' any mistake in its direction ; but informed other members of the Synod of the complaint, and finally put all the documents into the hands of the commission to this Assembly, to place them in due form before it. Your Committee are also assured, that Mr. Todd wrote to the stated clerk, two or three days previous to the opening of the Assembly, earnestly request- ing that the papers might not fail of coming before the Assembly ; and, also, that he expressed the desire that, if his presence were necessary, he might be notified of it by telegram.— 1863, p. 278, N. S. 4. In the absence of Records through the Non-attendance of the Commissioner, the Appeal Received and Referred. Dr. Musgrave, from the Judicial Committee, reported Case No. 3, being the appeal of Kev. C. J. Abbott against the action of the Synod of ]Mis- souri. The Committee reported as follows : The Committee are verbally informed, that this case originated in the Presbytery of St. Louis, upon charges preferred by common fame against the appellant. The charges were sustained in the Presbytery, and on appeal to the Synod, were also sustained by the Synod of ^Missouri. The Committee were also verbally informed, that an appeal was taken from the action from the Synod, which in due course ought to have been presented to the last Assembly ; that the record was forwarded to the city 560 OF DISCIPLINE. of Philadelphia, but in consequence of the absence from that body of the commissioner to whose care the record was committed, it failed to be pre- sented ; and the appellant now asks that his appeal may be entered, and that it be referred to the next General Assembly for trial. The Committee recommend that the request of the appellant be granted. The report was adopted, and the case referred to the next General As- sembly.—1862, p. 608, O. S. see ante, p. 518. 5. Where the Appeal Failed to be Lodged in Due Time through Mistake of the Appellant, it ■was Entered and Referred. Also, Judicial Case No. 5, the appeal of Eev. John Turbitt from the decision of the Synod of Illinois, by which the action of the Presbyteiy of Peoria, in deposing the appellant, was affirmed. The Committee reported as follows : This appeal appears to have been regularly taken, but was not lodged with the clerk of this Assembly before the close of the second day's ses- sions. (See chap, vii., sec. iii., sub-sec. vii.) The Committee have reason to believe that the appellant was under the impression that the present meeting of this Assembly was to be at Dayton, in this State, and by for- warding his papers to that place, they were delayed, so that they were not received here until after the end of the fourth day's sessions. Under these circumstances, the Committee recommend that the appeal be docketed. And as it satisfactorily appears to the Committee that the appellant has been providentially hindered from attendance at this session, they further recommend that the case be deferred to the next Assembly for trial. The report and recommendation were adopted. — 1862, p. 611, O. S. VIII. In taking up an appeal, after ascertaining that the appellant on his part has conducted it regularly, the first step shall be to read the sentence appealed from : secondly, to read the reasons which were assigned by the appellant for his appeal, and which are on record : thirdly, to read the whole record of the proceedings of the inferior judicatory in the case, including all the testimony, and the reasons of their decision : fourthly, to hear the original parties : fifthly, to hear any of the members of the inferior judicatory, in explanation of the grounds of their decision, or of their dissent from it. [The order for taking up a complaint is the same as in an appeal. On questions of regularity on the part of the appellant see above, sections v. and vii.] 1. In the Absence of Records, the Decision of the Appeal should be Suspended.— Parol Evidences wrill not Supply the Place of the Records. In the case of Samuel Lowrey (see 1823, p. 92) it appeared on inquiry that neither the records of the Synod of Ohio nor the records of the Pres- bytery of iSIiami were brought to the Assembly ; but as the delegates be- longing to the Synod admitted it to be a fact, as stated in Mr. Lowrey's appeal, that the Presl>ytery of Miami did appoint a special session, com- posed of elders belonging to different congregations, for the purpose of trying Mi*. Lowrey, and that the decision of such a special session was affirmed by the Synod of Ohio; therefore, OF APPEALS. 561 Resolved, That the appeal of Mr. Lowry be sustained, and it hereby is sustained.— 1823, p. 92. Against this decision the Synod of Ohio memorialized the Assembly, and the Assembly inter alia declare — This Assembly are of opinion tliat the correct mode of proceeding for the last General Assembly, would have been, to have suspended a decision on the appeal, until the records of the inferior judicatories should have been present, because the rules in our Form of Government prescribe, that before a judgment is given, all the proceedings of the inferior judicatories in the case should be read, and it is a sound maxim, generally admitted in courts of justice, that the best evidence which the case admits of should be required, which, in all trials, is undoubtedly the record of the judicatory. But while they entertain this opinion of the mode of proceeding, they be- lieve that the decision of the last General Assembly was substantially cor- rect, and was not different from what it would have been if they had had all the proceedings of the inferior judicatories before them: for the fact on which they founded their judgment, has been fully confirmed to this Assembly, by the records which have been read in the discussion of the case. — 1824, p. 115. On page 375, in case of a complaint against the decision of a Presby- tery, no evidence appears that the records of the Presbytery w^ere read. Exceptions to Records, Synod of Indiana, 1837, p. 480. 2. Reading of the Documents by Consent Dispensed -with. The Assembly entered on the consideration of the two appeals of the Rev. Robert B. Dobbins, from the decision of the Synod of Kentucky, in the cases of the Rev. William L. Maccalla, and the session of the church of Augusta. Tlie Rev. Dr. E. S. Ely appeared in behalf of jNIr. Dobbins. The parties were heard until they declared themselves satisfied (the facts having been admitted by them, and the reading of the documents by con- sent dispensed with). The roll was then called, that the members of the Assembly might express their opinions on the subject; after which Drs. Wylie, M'Dowell and Leland were appointed a Committee to prepare a minute on the subject. — 1824, p. 120. 3. The Hearing of a Voluminous Case Declined. — The Case Termi- nated by the Assembly "without fui'ther Trial. On the complaint of the Rev. Mr. Smylie, in the case of the Rev. Dr. Scott, the Assembly adopted the following report of the Judicial Com- mittee : There are three ways in which this complaint might be disposed of 1. The Assembly might take it up, wade through the testimony, re- ceive the new testimony that it is understood the complainant wishes to offer to decide the case. But against this course, besides other difficulties, it may be mentioned as a very serious one, that the bare reading of the records of the Presbytery would consume four or five days. 2. Another mode might be adopted, by referring the case for reconsid- eration to the Presbytery of Louisiana, wlio might be directed to take any new testimony that should be proj^erly offered. 3. Or the General Assembly might remand the case to the Synod of Mississippi, to hear the complaint, and dispose of it in a regular and con- stitutional manner. This, it is deemed, would be the wisest course. But, were either of these modes adopted, it would require a great con- sumption of time, and subject the judicature that might adjudicate on the 71 562 OF DISCIPLINE. case to great inconvenience, and no inconsiderable expense ; and instead of resulting in practical good, might produce great excitement, and conse- quences injurious to the peace and edification of an important section of our Church. The testimony is so voluminous, that to form a correct judgment on it, would require a retentive memory, patient attention, dili- gent comparison of its several parts, as well as a discriminating mind. It is to be regretted that the Presbytery sanctioned by their authority the publication of the speeches on both sides of the question. The Committee after carefully deliberating on the sul)ject were unani- mously of the opinion that if the case could be disposed (if, consistently with the rights of Mr. Smylie, without remanding it to either of the in- ferior courts, and without the Assembly's adjudicating on it, all the ends of justice would be gained, and the peace of the Church would be pro- moted. They therefore invited Mr. Smylie to a friendly interview, in which they expressed their oj^inion, and he stated his views. He did not concur with the Committee in regard to the probable consequences of the case being remanded to the Synod or the Presbytery; and stated that iu prosecuting his complaint he was influenced by no personal feeling against Dr. Scott, but by a desire that truth might be sustained, justice done to all concerned, and the Constitution of our Church upheld ; but if the Com- mittee would, without his concurrence, assume the responsibility of recom- mending to the General Assembly to terminate the case without any fur- ther trial, and the Assembly should determine to adopt this as the wisest way of terminating it, he would submit, and feel that he had discharged a duty, which, while it was troublesome and painful, had put him to no in- considerable expense. It is due to the Rev. Mr. Smylie to say, that the Committee believe, that in prosecuting his complaint, he has been prompted by a sense of duty and a regard to the Constitution of our Church, and governed by what he deemed its purity and best interests required. The Committee recommend to the Assembly the adoption of the follow- ing resolution : Resolved, That in view of the representation of the case given in the above statement by the Judicial Committee, of the voluminous nature of the testimony, and of the difficulties attending the case, and believing that the interests of the Church will be best promoted by adopting the course recommended by the Committee, and being willing to assume the responsi- bility of acting accordingly, this General Assembly do hereby terminate this unhappy case without any further judicial trial. — 1847, p. 385, O. S. 4. Matters Foreign to the Issue may by Consent be Omitted, in the Reading-. a. Resolved, That in reading the minutes of Lexington Presbytery, the names of the voters in calling the yens and nays be omitted, uidess called for by one or other of the parties litigant; and that the proceedings of Presbytery, in reference to other matters foreign to the issue before us, be also omitted, unless called for specially by one of the parties. — 1848, p. 30, O. S. h. The Assembly then proceeded to take up the business, according to the recommendation of the Judicial Committee. After the usual admon- ition, read from the Book, to the members in their judicial capacity, the papers were read, according to the constitutional order ; and after all the papers presentei by the Committee had been read, a recess was taken for half an hour. OF APPEALS. 563 After the recess, George Howe moved that the whole records of the Presbytery in relation to the case now before the Assembly be read. This motion was carried, and the minutes of the Presbytery of Eliza- bethtown were accordingly read, in everything pertaining to the case, until it was carried by appeal to Synod of New Jersey ; the nioderator deciding that any subsequent record should not be read. — 1858, p. 291, 5. Documents not Read may be used in Pleading.— In a Case un- der Common Fame, the Appellant the only Original Party. In the appeal of Alexander Frazer, against the Synod of Bulialo, the course required in the Book for conducting appeals was then pursued ; and at the third stage of the proceedings, a question having arisen as to the reading of certain printed pamphlets as a part of the evidence, it wa.s Resolved, That in the judgment of tlie Assembly it is not necessary to read the pamphlets in extenso, but counsel can make such use of them as they .see fit in the course of their argument. — 1859, p. 542, O. S. The original parties being called for, the moderator decided that the case having arisen without an individual prosecutor, there was but one original party before the court, who was now to be heard by A. G. Hall and J. Bliss, representing him. — 1859, p. 543, O. S. The nioderator ruled that the fifth stage of the proceeding was to hear any member of the Synod of Buffalo, present as a commissioner. An ap- peal was taken from the decision of the moderator, but was not sustained. —lb. 6. Case Remanded for New Trial because the Original Parties had not been Heard. Complaint and appeal of the Presbytery of Passaic against the Synod of New Jersey [not entertained as an appeal because not made by one of the original parties. See Discipline, chap, vii., sec. iii., sub-sec. xvii.] con- tinued as 9- complaint. Resolved, That the case be returned to the Synod for a new trial, if a new trial be required. 1. Because it appears from the record of the Synod that the original parties in the case were never heard by them, the original parties in the judgment of the Assembly being Mr. William B. Guild and the Commit- tee prosecuting for common fame. 2. Because the reasons for the decision of the Synod were not recorded according to the requisition in chap, iv., sec. xxiii., Book of Discipline. — 1861, p. 344, O. S. 7. Case Issued where no Person Appears on Behalf of the Respondent. The Assemblv took up the complaint of the minority of the Synod of Kentucky, against a decision of the majority of said Synod, in the case of Mr. Benedict H. Hobbs. The decision complained of, the complaint, and the proceedings of the several judicatories in the case were read. The complainants were then heard : no persons appeared on the part of the Synod. After due consideration, the following resolution was adopted, viz.: That the complaint be, and it is hereby sustained, and the judgment of the Synod is reversed. — 1831, p. 342. 564 OF DISCIPLINE. 8. Reasons Assigned by an Appellant raust be Recorded.— They must be Couched in Decent and Respectful Language. Overture No. 6, from certain ministers and ruling elders, requesting the Assembly to decide whether the clause in the Book of Discipline, chap, vii., sec. iii., sub-sec. viii., "and which are on record," requires that these reasons are to be spread on the book of the minutes of the court appealed from, or whether they may be considered as on record when simply on file. And if said clause requires the reasons to be spread on the minutes, whether the judicatory has authority to require that the reasons be couched in de- cent" and respectful language, and contain no offensive reflections or insin- uations against the judicatory, as in the case of dissent and protest. Recommended that this Assembly decide, first, that th reasons must be spread on the minutes ; second, that the question respecting the language be answered affirmatively. The recommendation was adopted. — 1862, p. 596, O. S. 9. Commission Appointed by the Assembly -with Full Powers by Consent of Parties. a. Case of Mrs Maria Hill. — Appeal vs. Synod of Albany. The Assembly proceeded to the second order, being the appeal of Mrs. Maria Hill from a decision of the Synod of Albany. The moderator reminded the Assembly, in due form, of the judicial character which they now assumed. The sentence appealed from was read. The reasons for the appeal were read, and also the proceedings of the inferior judicatory. At this stage, by consent of the representatives of the original parties, the whole matter was referred to a Committee consisting of Mr. Samuel H. Perkins, Hon. Charles Noble and Mr. Edward D. Mansfield.— 1864, p. 477, N, S. [The commission reported, and their report was adopted as the action of the Assembly. See decision under chap, iv., sec. x., above.] b. Complaint of Seventh Church and Presbytery of Cincinnati vs. Synod of Cincinnati. Also, Judicial Case No. 5 — being a complaint of the session of the Sev- enth Church of Cincinnati, and the appeal and complaint of the Presby- tery of Cincinnati, against the decision of the Synod of Cincinnati, in the case of the Misses Brown, which was referred to this Assembly by the last General Assembly (see Minutes, page 313). The Committee find the case in order, and ready to be taken up and adjudicated, if this body so please, in the usual manner. As it is, however (Digest, p. 287), declared to be the province of the Judicial Committee not only to ascertain whether ap- peals and references to the Assembly are in order, but also to propose to the Assembly the best mode of proceeding in each case, the Committee will be pardoned, perha])s, for the suggestion that all the ends of justice may be answered, and the whole matter harmonized, if this very unusual case be dealt with in a somewhat unusual way. It is of such a nature as to be unfit for public discussion, and it is in every way exceedingly unde- sirable that the testimony should be read or the case debated in the open sessions of this body. According to the Digest (p. 144, note), no deviation from the regular order prescribed in the Book should be allowed, unless upon the consent of all the parties, expressed in open court. The parties OF APPEALS. 565 in this case, feeling as every one does who knows anything of its character, that it ought not to come directly before the Assembly, if a satisfactory result can be arrived at in any other way, have consented to have it referred to a Committee of nine, of this body, taken from Presbyteries so remote as to be without prejudice in the matter. Influenced by these considerations, which are altogether of an extraordinary character, we venture to propose that such a Committee be appointed, consisting of five ministers — Rev. Dr. Perkins of the Presbytery of Burlington, Dr. Ban- nard of the Presbytery of Albany, Dr. Samuel Wilson of the Presbytery of Redstone, Dr. Breed of the Presbytery of Philadelphia, and Rev. A. V. C. Schenck of the Presbytery of Missouri, and four ruling elders — J. K. Davidson of the Presbytery of Carlisle, T. T. Alexander of the Presbytery of Transylvania, D. AV. Patterson of the Presbytery of Donegal, and Charles Crosby of the Presbytery of Rock River. That this Committee be directed to hear the parties, and report to this body during its present sessions, for their final action in the case ; and that they hold their first meeting for this purpose at half-past seven o'clock this evening, in the lecture-room of this church. The report was adopted. — 1865, p. 538, O. S. See under sec. x., below. c. Appeal of Lewis Lockwood vs. Synod of loica. Judicial case No. 3 — being the appeal of the Rev. Lewis R. Lockwood from the judgment of the Synod of Iowa affirming the judgment of the Presbytery of Dubuque, by which the appellant was suspended from the ministry. The original charges against ^Ir. Lockwood were tabled in the name of common fame. The accuser here represented by the commis- sioner from the Presbytery of Dubuque, and the appellant by liis counsel, the Rev. A. T. Rankin, consent that the case may be referred to a com- mission of seven members, to be appointed by the moderator of the As- sembly, to hear and determine it; their judgment to be reported to the Assenibly for its approval. The Committee recommend that such a com- mission be appointed with the powers and duties thus indicated and con- sented to. The recommendation was adopted, and the following commission ap- pointed : Ministers — W. C. Matthews, D. D., Andrew Vance, D. D., Wil- liam J. Gibson, D. D., J. O. Murrav, P. D. Young. Ruling elders — W. R. Bush, William McCrea.— 1867, p. 327, O. S. [The appeal was not sustained, and the judgment of the lower court was affirmed.] — lb., p. 347. d. Two other cases of appeal were, by consent of parties or their repre- sentatives, referred to commissions by the same Assembly, p. 341. Their reports respectively are found on pages 355 and 360, Minutes, 1867, O. S. e. Appeal of Church of Mijiinsburg vs. Synod of Philadelphia. Also, judicial case No. 6 — being an appeal and complaint of the church of Mifflinsburg, against the Synod of Philadelphia, for its action in the appeal and complaint of Rev. Isaac Grier, D. D. The Committee find the papers to be in order, and they recommend, as the parties are so agreed, that a commission, consistinir of Rev. William M. Paxton, D. D., Rev. S. G. Specs, D. D., Mr. H. X. McAlister, Hon. I. S. Spencer, Hon. J. B. Skinner, Hon. Daniel Haines, and Messrs. H. G. Spatford and Joseph D. Reinboth, be now appointed to sit on this case outside of the house, and to report to this Assembly. — 1870, p. 27. 566 OF DISCIPLINE. IX. After all the parties shall have been fully heard, anJ all tht information gained by the members of the superior judicatory, fro re those of the inferior, which shall be deemed requisite, the original parties, and all the members of the inferior judicatory, shall with- draw; when the clerk shall call the roll, that every member may have an opportunity to express his opinion on the case ; after which the final vote shall be taken. 1. The "Withdra-wal Construed Literally. a. The appeal of Mr. Joseph E. Bell, from a decision of the Presbytery of Concord, suspending him from the office of the gospel ministry, was taken up. The appellant having requested that some person may be appointed to manage his appeal, the Rev. N. S. S. Beman was accordingly appointed. The decision of the Presbytery appealed from, the reasons assigned by the appellant for his appeal, which were on record, and the whole record of the proceedings of the inferior judicatory in the case were read. After which, Mr. Beman, on behalf of Mr. Bell, was heard. The Pres- bytery of Concord was then heard by their delegate, in explanation of the grounds of their decision. Mr. Beman and the delegate from Concord then withdrew. The roll was then called, to give each member. an opportunity to express his opin- ion ; after which the final vote was taken, and the appeal of Mr, Bell was sustained.— 1828, p. 238. See also 1836, p. 265. b. The moderator having decided that the rule requiring the parties to withdraw, should be understood in the obvious and literal sense, an appeal was taken from his decision, and the decision was sustained by a large majority.— 1848, p. 40, O. S. c. Judicial Case, No. 2, was resumed, and the roll was called for an expression of opinions, the parties, with the appellant's counsel, having withdrawn from the house. — 1849, p. 262, O. S. . d. The records of the Synod of Georgia were approved, Avith the excep- tion that on page 337 we liave the following minute: "That the rule in the book requiring the members of the inferior judicatory to withdraw from the house be understood metaphorically, and that the rule be under- stood as fully complied with, by excluding the Flint Presbytery from any further participation in the discussion, and from voting in the case." — 1858, p. 289, O. S. See also 1858, p. 296, O. S. ; 1859, p. 546, O. S. 2. 'Withdra-wal Construed Metaphorically. The parties were then considered as withdrawn. — 1834, p. 443. The parties in the case were heard, and then considered as withdrawn. — lb., p. 454 ; also 1835, p. 490 ; 1836, p. 276 ; 1828, p. 244. 3. Calling the Roll for Expression of Opinion. a. Resolved, That during the remaining sessions of this Assembly it shall be understood that when the roll is called, in the trial of any case, the members shall be confined to the giving of their opinion without reasons, according to the letter of the constitutional rules. — 1836, p. 276. b. There is no record of calling the roll for remarks of the members before taking the vote in the case of an appeal by A. King. Exception to records, Synod of Cincinnati. — 1849, p. 177, N. S. c. It was moved and carried, That the calling of the roll be dispensed OF APPEALS. 567 with. Complaint of Rev. N. West vs. Synod of New York.— 1864, p. 328, O. S. See Discipline, chap, i., sec. iii. 4. The Final Vote must be Taken. Inasmuch as the Synod of Indiana did not take an express vote on sustaining the appeal of Mr. Harne , and the sentence on record is vague and inconsistent with itself, that the whole case be remitted to the said Synod, with an injunction to them to reconsider the case, and pass a defi- nite, precise and just sentence. — 1837, p. 480. 5. It is taken Separately on each Charge. The business left unfinished yesterday was resumed, viz., the trial of Mr. Bourne's appeal from the decision of the Presbytery of Lexington, by which Mr. Bourne was deposed from the gospel ministry, and the fol- io ing resolution was again brought before the Assembly, and being amended, and fully discussed, was adopted, viz. : Resolved, That the appeal of ]\Ir. Bourne be dismissed, and that the decision of the Presbytery of Lexington, declaring him deposed from the gospel ministry be, and it is hereby confirmed, on the first, second, third, fifth and sixth charges. The vote was taken separately on each of these charges, and was de- clared in the affirmative. — 1818, p. 682. X. The decision may be either to confirm or reverse, in whole, or in part, the decision of the inferior judicatory ; or to remit the cause, for the purpose of amending the record, should it appear to be incor- rect or defective; or for a new trial. I. THE DECISION MAY CONFIRM THE DECISION OF THE LOWER COURT. 1. a. 1814, p. 559, 560. See under Form of Government, chap, xv., sec. i. 6. 1868, p. 648, O. S. See under Form of Government, chap, xvii., sec. V. c. 1872, pp. 15, 75, 80. See Form of Government, chap, xiii., sec. ii., 13, a, b, c. cl. 1859, p. 546 and 547. See Discii)line, i., iii., 12, a, b, case of Alex- ander Frazer vs. the Synod of P)uffUlo, and Alexander Gordon vs. the same. e. 1866, p. 74, O, S. See Disci})line, chap, v., sec. v. Case of Samuel Boyd. In this case it was held that the appellant, not having objected to alleged informalities at the time of trial, " had waived all informalities in the proceedings antecedent to the trial." /. 1867, p. 847, O. S. The commission report, That the appeal be 7wt sustained, and that the judgment of the lower court be affirmed. Adopted. Also 1866, p. 74, O. S. 2. In Conflrming the Decision, the Assembly Directs that if a New Trial as Ordered be not Instituted within Six Months the Decis- ion shall be Final. And, therefore, the Assembly do now order and direct that the appeal of the said Silas ^Miller be dismissed, and the decision of the Synod of Illinois be confirmed ; and the Assembly further order and direct that, if the session of the church of Tuscola do not, within six months 568 OF DISCIPLINE. from the date hereof, refer the ease to the Presbytery of Wabash for a new trial, iu accordance with the decision of the Synod of Illinois, then the decision of the said Synod sustaining the appeal shall become abso- lute and final, and the said Silas Miller shall be thereupon restored to all the rights and privileges which he had and enjoyed as a member of the church of Tuscola, and from which he was suspended by the judgment and sentence of the session of said church. The report was adopted. — 1867, p. 517, N. S. 3. Confirmed, because " It does not appear that the new testimony offered by Mr. Gwiun has in any important point changed the aspect of his case." — 1823, p. 90. See below, chap, ix., sec. iv. II. THE DECISION MAY REVERSE THE DECISION OF THE LOWER COURT. 4. Reversed on Revie^w of Testiraony. An appeal having been taken by Mr. John Gordon, from the decision of the Synod of Pittsburg, affirming the judgment of the Presbytery of Redstone, by which the Presbytery had suspended Mr. Gordon and his wife from the distinguishing privileges of the church, on tlie charge of ante-nuptial fornication, was brought in by the Committee on Overtures. The Assembly having before tliem the evidence which had been before the Synod, and having fully heard the members of that Synod present iu defence of their decision, it was, on motion, Resolved, That the decision of the Synod, in affirming the judgment of the Presbytery of Redstone, be reversed. And it, therefore, was reversed. — 1807, p. 386. 5. Reversed without Assigning a Reason. The consideration of the appeal of the Presbytery of Ohio, from the decision of the Synod of Pittsburg, in the case of Mr. Gwinn, was re- sumed, and the parties were heard until they said they had nothing far- ther to add. The decision of the Synod of Pittsburg reversed a decision of the Pres- bytery of Ohio, by which decision the Presbytery had suspended the Rev. Andrew Gwinn, sine die, from the office of the gospei ministry. A motion was made and seconded, that the appeal of the Presbytery of Ohio be sustained, and the decision of the Synod in the case be re- versed, which was determined in the affirmative. — 1819, p. 709. [See also 1821, p. 25.] 6. Reversed because of Disproportionate Sentence. [See above, chap, i., sec. v., «, b, c] 7. Reversal on the Ground of undue Severity does not Determine the Innocence of the Accused, nor ReUeve him from other Pro- cess. Judicial Case Ko. 6 was then taken up — the appeal of T. F. Worrall against the Synod of Illinois. The usual charge was road by the moder- ator, and the Assembly proceeded with the case according to the order prescribed in the report of the Committee, which is as follows : Tlie Committee re])ort as follows: This case originated before the ses- sion of the church of Bloomington, on charges preferred against the ap- pellant by the session on " general rumor," OF APPEALS. 569 After an examinatiou the session convicted him, and passed sentence excluding him from the communion of the Church. An appeal was taken from this decision to the Presbytery of Blooming- ton, which refused to sustain the appeal. An appeal was taken from thence to the Synod, which refused also to sustain the appeal. From this decision of the Synod of Illinois this appeal is taken to the General Assembly. . . . The final vote was 40 to sustain, 39 to sustain in part, and 5 not to sus- tain. On motion, a Committee was appointed to bring in a minute, expressive of the judgment of the Assembly in the case. Messrs. Hodge, J. D. Smith and H. K. Clark were appointed this Com- mittee. They subsequently reported the following, which was adopted : Resolved, as the expression of the judgment of this Assembly, That the sentence of excommunication against T. F. Worrall, by the session of the church at Bloomington, Illinois, be reversed, as being unduly severe. The Assembly, however, do not intend by this decision to restore Dr. Worrall to the communion of the Church, from which he is now understood to be suspended, on other charges still under adjudication ; nor do the Assembly intend to decide that he did not deserve censure for the improper language which is set forth in the charges against him. — 1861, pp. 346, 347, 6. S. 8. "Where one has Absented himself from the Ordinances of the Church, a Qualified Certificate is Sustained.— Decision of Synod Reversed as in Error in Prescribing a Form of Certificate. The Assembly took up Judicial Case No. 6, being the complaint of the Rev. N. West, D.D., against the Synod of New York. ]\Ir. Rowland had absented himself from the ordinances of the Second Church of Brooklyn, New York, for some months. Upon application for his certificate, the session gave him a certificate omitting the words, " at present in good and regular standing," and substituting for them a testi- monial to his previous good Christian character; inserting, at the same time, a statement of the fact of his recent absence from the ordinances of the church. Mr. Rowland brought a complaint against the session, before the Presbytery of Nassau, and the Presbytery sustained the complaint. Mr. West complained to the Synod against the Presbytery. The Synod of New York, by a vote of 10 to sustain, 12 to sustain in part, and 21 not to sustain, sustained the complaint of Rev. N. West against the Presby- tery; and then, in its final minute, ordered a letter in the usual form to be given to Mr. Rowland. Against the decision of the Synod, in adopt- ing this minute, IMr. West complains. The moderator reminded the members that, as they were about to sit in a judicial capacity, they sliould regard their high character as members of a court of Jesus Christ. The sentence complained of was read, and is as follows : "The Committee appointed to bring in a minute in the case of the com- plaint of the Rev. N. West against the action of the Presbytery of Nas- sau, report as follows : "The vote of the Synod was — to sustain the complaint, 10; to sustain iu part, 12; not to sustain, 21. The Synod therefore sustains the complaint only iu part. In this judgment the Synod does not decide that the papers given to Mr. Rowland v.ere unconstitutional, but that, under the circum- stances, they deem them to have been unadvised, and tlierefore, as a meas- ure of peace, the Synod directs the session of the Second Church to give 72 570 OF DISCIPLINE. to Mr. Rowland and wife certificates of church membership, in such form as is usual among the churches of this city, in dismissing members in good standing." The reasons assigned by the complainant for his complaint were then read ; also the whole record of the inferior judicatories in the case, in- cluding the testimony aud the reasons for their action. The Rev. N. AVest, D. D., the complainant in the case, was heard. The Synod of New York was heard, the clerk calling the names of its commissioners. After which the parties were directed to retire. It was moved and carried, that the calling of the roll be dispensed with. The vote was then taken, and the complaint was almost unanimously sustained. Dr. Rodgers offered the following resolution, which was adopted : Resolved, That the complaint of the Rev. N. West, D.D., be sustained, and the decision of the Synod, in its final minute, be, and it hereby is reversed ; and further, that the Synod erred in prescribing to the session nf the Second Church of Brooklyn, the form of a certificate to be granted to Mr. Rowland, after they had already granted a certificate to him which was agreeable to the Constitution of the Church aud to the truth. — 1864, p. 328, O. S. 9. Reversed, because of Unconstitutional Action of the Court Ap- pealed, from. The Committee to which was referred the motion on the appeal of Mr. Lowrey reported, and their report being read was adopted, and is as fol- lows, viz.: Mr. Lowrey's appeal from the decision of the Synod of Ohio being taken up, aud the sentence appealed from, having been read, together with the reasons of his appeal, it appeared on inquiry, that neither the records of the Synod of Ohio, nor the records of the Presbytery of Miami were brought to the Assembly; but as the delegates belonging to that Synod admitted it to be a fact as stated in Mr. Lowrey's appeal, that the Presby- tery of Miami did appoint a special session composed of elders belonging to different congregations, for the purpose of trying Mr. Lowrey, and that the decision of such a special session was affirmed by the Synod of Ohio ; therefore, resolved, that the appeal of Mr. Lowrey be sustained, aud it hereby is sustained ; and that all the proceedings in the case be, and they hereby are reversed on the ground that the appointment of such a special session is entirely unconstitutional; and if Mr. Lowrey has done anything offensive, he ought to be tried by the courts that have been instituted by the Constitution of our Church. — 1823, p. 92. 10. "Where Sentence is Reversed, for Irreg-ularity, either Party may Institute a new Trial. — If Process be not Commenced -within the time Limited, he may Demand a Letter, as in Good Standing. The appeal of Mr. Josejjh E. Bell, from a decision of the Presbytery of Concord, suspending him from the office of the gospel ministry, was taken up. The a])pcllant having requested that some person may be appointed to nuinage his appeal, the Rev. N. S. S. Bemau was accordingly appointed. The decision of the Presbytery appealed from, the reasons assigned by the appellant for his appeal, which were on record, and the whole record of the proceedings of the inferior judicatory in the case were read. After which, Mr. Bemau, in behalf of Mr.. Bell, was heard. The Pros- OF APPEALS. 571 bytery of Concord was then heard by their delegate, in explanation of the grounds of their decision. Mr. Beman and the delegate from Concord then withdrew. The roll was then called, to give each member an opportunity to express his opin- ion ; after which the final vote was taken, and the appeal of Mr. Bell was sustained. Mr. Frost, Mr. Plumer, and INIr. Fine, were appointed a Committee to prepare a minute in relation to the above decision. The Committee reported the following, which was adopted : 1. Resolved, That in the judgment of the Assembly, ^Ir. Bell was and still continues to be fully amenable to the Presbytery of Concord. 2. That while the Assembly do not wish to protect the guilty, they do judge that great caution, deliberation, and, as far as may be, the rules of discipline, where ministerial character is impeached, ought to be strictly observed, and that in this case the informality was exceptionable. o. That if it be deemed necessary for the good of religion and the honor of the ministerial character, the Presbytery of Concord are entirely compe- tent to commence a new trial ; or if Mr. Bell shall desire, for his own sake, a new trial, the door is still open. 4. That in the mean time, Mr. Bell's ministerial standing shall be con- sidered regular, and if no process shall be commenced by either jiarty Avithin the space of six months from the first of June next, then Mr. Bell may claim from the Presbytery of Concord a dismission, declaring him to be in regular standing — 1828, p. 240. 11. Reversed, for Haste and. Unconstitutional Action. The Assembly sustained the appeal of Mr. Arthur, from the sentence of Presbytery, by which he was suspended from the gospel ministry on the ground of contumacy, because the Presbytery appeared to have been pre- cipitate, and not to have observed the constitutional rules. See Discipline, chap, iv., sects, vi., x. and xi. — 1822, p. 53. [See under Form of Government, chap, xiii., sec. ii., 10; chap, xiii., sec. vii., 6.] 12. Sentence Reversed, and the Appellant Declared to be in Reg- ular Standing. The unfinished business of the forenoon was resumed, viz.: the consider- ation of the appeal of JNIr. James Atwater from the decision of the Synod of Geneva, affirming a decision by which Mr. Atwater had been excom- municated by the church at Genoa. The parties were fully heard, and the following resolution, after some discussion, was adopted, viz.: Resolved, Tiiat the appeal of Mr. Atwater be sustained, and it hereby is sustained; and that Mr. Atwater have liberty, as a member of the Pres- byterian Church in regular standing, to connect himself with any church which may be disposed to receive him. — 1821, p. 27. 13. The Decision may Declare the Acts of the Lower Courts Void. a. Besolved, That the appeal and complaint of the Second Presbytery of Philadelphia, against the Synod of Philadelphia, be and the same are herebv sustained ; and the act of said Synod, so far as it was intended to unite 'the said Second Presbytery with the Presbytery of Philadelphia, is hereby declared void.— 1834, p. 432; 1854, p. 33, O. S. 572 OF DISCIPLINE. 5. In the appeal of persons claiming to be the church of St. Charles it was Resolved, That the Assembly herein sustain the appeal, pro forma, and orders the entire setting aside of all the proceedings in the whole case in all its stages, from the time that notice was first given to call a meeting of the congregation for the election of the three elders, and directs all the parties to stand precisely where they did before any step was taken in it. — 1838, p. 19. c. Resolved, That this Assembly understands the act of the Assembly of 1838, as sustaining the appeal of Rev. Hiram Chamberlain, not upon the merits of the case, but on account of informality of the courts below, and that " in the entire setting aside of all the proceedings in the whole case," they intended not only to annul the past, but also to forbid all subsequent action contrary to the will of the regularly-constituted authorities of that church, and they hereby declare any such unconstitutional action that may have been had by any person, or persons, in connection with that church, to be null and void. — 1840, p. 302, O. S. 14. The Reversal Annuls the Acts Complained of. a. The appeal and complaint of Thomas Bradford and others, from a decision of the Second Presbytery of Philadelphia, relative to the installa- tion of Mr. Duffield, were taken up. The appeal, with the reasons of it, and all the documents in the case, were read. The parties were heard, and were then considered as withdrawn from the house. The roll was called to give the members an opportunity of expressing their opinion. After which, the final vote was taken, and the appeal and complaint were sus- tained. The following resolution was then adopted as explanatory of the above decision, viz.: That the appeal be sustained, and the acts of the Presbytery in relation to the call and installation of Mr. Duffield be and they hereby are reversed. —1835, p. 490. b. In regard to the complaint of Mr. Dobbins against the session of the church of Augusta for receiving members suspended by the session of the church of Smyrna, the Assembly are of opinion that both sessions acted unconstitutionally, the session of Smyrna in suspending said members, and the session of Augusta in receiving them when suspended. Therefore, Resolved, That the appeal on this complaint be and it is hereby sus- tained ; and the members in question are hereby declared to be still mem- bers in good standing in the church of Smyrna, and the session of the church of Smyrna are hereby directed to dismiss said members, if they still desire it, that they may regularly connect themselves with the church of Augusta. — 1824, p. 125. III. THE DECISION MAY CONFIRM OR REVERSE IN PART. 15. Reversed in Part, on Ground of Irregularity. — Sustained in Part. a. The Judicatory may not Inflict a New Sentence without New Trial. Resolved, That the General Assembly, having heard and considered in detail the circumstances and merits of the appeal of Newton Hawes, are of the opinion that in the proceedings of the Synod of Genesee in the case, there appears to be nothing irregular or censurable until they come to their last decision, in which they pass a new and severe censure on the OF APPEALS. 573 appellant. In this particular, the Assembly judge that the proceedings of the Synod were not regular, inasmuch as they inflicted a new censure without a new and regular trial. Had the Synod contented themselves ■with approving the doings of the church of Warsaw, in declining to restore the appellant to their communion, and left him in the condition of a sus- pended member, they would have acted witii entire regularity ; but not pausing at this point, the Assembly consider them as acting on matters not regularly brought before them ; and therefore resolved, that the sen- tence of the Synod, requiring the appellant to make a new and second confession, be reversed, and it is hereby reversed, and that the other part of their proceedings and decision be aftirmed, and they are hereby affirmed. —1823, p. 79. h. Nor Remove all Censure where they find Rebuke Deserved. The Assembly having heard the complaint of the Presbytery of Carlisle against the Synod of Philadelphia in the case of William S' McDowell, with the facts and arguments offered both by the Presbytery and the Synod, judge that the Synod had a constitutional right to reverse the decision of the Presbyteiy in the case, either in whole or in part, as to them might seem proper; but that in the exercise of this right the Synod have not duly regarded the principles of discipline prescribed in the Constitution, inas- much as it appears by their records that they have removed all censure from a man whom they declare to be deserving of rebuke, Avithout direct- ing that rebuke to be administered, and without receiving any evidence of his penitence. — 1823, p. 81. 16. Reversed in Part, on the G-round that Irregularity of Proceed- ing- does not Necessarily Invalidate. — 1856, p. 517, O. S. See under Form of Government, chap, xiii., sec. ii., 6, a. Reversed in part and confirmed in part, see below, sec. xiii., case of Josiah B. Andrews. —1824, p. 106. 17. Sustained in Part, Reversed in Part. — Minute in the Case. a. Dr. Perkins, chairman of the Special Committee on Judicial Case No. 5, presented a report, which was adopted, and is as follows : The Committee to whom was referred the judicial case originating in the session of the Seventh Presbyterian Church in Cincinnati, beg leave to report: 1. They find that said session tried certain parties upon five several charges, and found them guilty upon the first, second and fifth, and ad- judged them worthy of serious admonition on the ground of the first and fifth, and suspension upon the second. 2. The Presbytery of Cincinnati deciding the case upon appeal, affirmed the decision of the session. 3. The Synod of Cincinnati also acting upon it under appeal, reversed the decision of the Presbytery and session. 4. Your Committee, after hearing all the testimony in the case, and all the parties thereto by their representatives ; and after full and protracted consideration, while they find in the proceedings of the session and Pres- bytery no evidence of other than a kind and conscientious desire to do justice to all the parties concerned, respectfully recommend the following as the judgment of the Assembly in the case : Resolved, 1. That the decision of the Synod reversing the action of the Presbytery and session upon the first and fifth charges be itself reversed, 574 OF DISCIPLINE. and the session be instructed to administer the serious admonition of which they wisely judged the parties to be worthy. Resolved, 2. That the decision of the Synod, reversing the action of the Presbytery and session upon the second charge, be sustained in part, on the ground that the suspension of the parties accused was too severe in the case,. and that the session be i-ecommended to revoke the suspension and admonish the parties. — 1865, p. 550, O. S. [On the final vote, those voting " to sustain in part " are counted with those voting simply to "sustain." The result, however, is to modify the decision. See below.] b. The order of the day was taken up, viz.. Judicial Case, No. 3. The appeal and complaint of Kev. John Skinner, D. D., against a decision of . the Presbytery of Lexington, declaring him guilty of libel and defama- tion, and a sentence of suspension from ministerial functions founded thereon. . . . The question was then taken on Judicial Case, No. 3, viz., the appeal and complaint of John Skinner, D. D., again.st the Presbytery of Lexing- ton, and the complaint of Rev. Mr. Calhoun against the same Presbytery ; and the result was as follows, viz. : To sustain the appeal, 40 ; to sustain in part, 58 ; not to sustain, 66. The Special Committee in the case of Rev. John Skinner, D. D., pre- sented a report, which was adopted, and is as follows, viz. : The appeal and complaint of the Rev. John Skinner, D.D., against the Presbytery of Lexington, is sustained pro forma; the sentence of the Presbytery is revoked, and the appellant restored to all the functions of the ministry of the gospel. The complaint of the Rev. William Calhoun and others against the same Presbytery is dismissed. While the Assembly do fully restore the appellant to the functions of the ministry, and take pleasure in recording that for about seven years he exhibited talents and zeal well adapted to edify the Church of God, and while they trust that he will hereafter show the same ability and fidelity in the Master's cause, they are constrained to express their deep concern at the uncharitable temper and litigiousness exhibited by him before the inferior judicatory, and their disapprobation of his course in printing and circulating his Lexington speech, pending his complaint to the Synod of Virginia. Wherefore, he is hereby solemnly admonished in relation to these mat- ters, and warned carefully to avoid them in future. The Assembly regret, moreover, that they find no evidence that any of the parties have, at any stage of this unhappy controversy, resorted to the more private and fraternal methods of making peace among brethren, which are suggested in the word of God, And the Assembly do now affectionately and solemnly enjoin on all concerned to cultivate a spirit of charity and forgiveness, to study the things that make for peace, and to seek by importunate prayer the influ- ences of the Holy Spirit, that the wounds inflicted in the progress of this painful case may be healed, and the kingdom and glory of Christ may prevail in the region where these brethren are called to labor. — 1848, pp. 26, 41 and 49, O. S. 18, The Decision censures the Irregular Excommunication of a Mem- ber, and Prescribes the Steps -which should have been Taken. Complaint of Rev. William IVrkins, et al, against the Synod of Illhiois. The final vote was taken, w ith the following result, viz. : To sustain the OF APPEALS. 675 complaint, 38 ; to sustain in part, 43 ; not to sustain, 79. A Committee was appointed to bring in a minute, which was adopted, as follows, viz. : The Committee appointed to bring in a minute in reference to Judicial Case, No. 1, report, first, the tacts in the case. A communicant, by the name of Ambrose Stone, in the Irish Grove church, for a long time ab- stained from partaking of the communion of the Lord's Supper. . He also, for a long time, ceased to worship God in his family. He repeatedly requested the session to dissolve his connection with the Church of Christ, assigning as the only reason for this course of conduct, that he believed he had never been honi again, and that he had no love to Christ. The session did eventually comply with this request, and resolved that his con- nection with the church be dissolved. This church was under the care of Sangamon Presbytery. The Presby- tery upon reviewing the records of the session of Irish Grove church, con- sidered this a case of excommunication, and declared the action of the session not only unconstitutional, but also null and void, and that Mr, Stone was still a member of the Irish Grove church. The moderator and elder from that session claimed the right to vote in this disapproval of their records, which Avas refused by Presbytery. The session then com- plained to the Synod of Illinois of the whole action of the Presbytery in the case. The Synod sustained and approved the action of the Presbytery. The case was then brought before the General Assembly by the Irish Grove church session, in the form of a complaint against the Synod of Illinois, because it sustained the action of the Presbytery. The Assembly having fully heard the parties in the case, adopted the following resolu- tions, viz. : Besolved, 1. That no church session has authority to dissolve the connec- tion of a communicant with the Church of Christ, except by excommuni- cation, and that the sessions of our Church are bound to proceed according to the directions given in our Book of Discipline, when they do excom- municate a member. The Assembly does, therefore, condemn the action of the Irish Grove session in dissolving the connection of Mr. Stone with the Church of Christ, in the mauner in which it did, as irregular and unconstitutional. Resolved, 2. That the Presbytery of Sangamon acted correctly in not permitting the members of the Irish Grove session to vote for approving or disapproving their own records ; that the Presbytery acted correctly in declaring the action of the session, in Mr. Stone's case, to be irregular and unconstitutional ; and that then the Presbytery, without proceeding further, ought to have required the session to review and correct its proceedings, in this case, according to the directions given in our Book of Discipline. Resolved, 3. That the Synod ought to"" have directed the Presbytery to require the session to review and correct its proceedings, according to the directions given in our Book of Discipline. — 1851, p. 33, O. S. 19. The Decision finds Error in the Courts Below.— A Presbytery- may not Unduly Direct and Control a Session, Synod may not Refuse an Appeal from a Party Aggrieved. This General Assembly sustains the appeal and complaint of Robert S. Finley and Smith Bloointield, against the Synod of New Jersey. In this decision, it is not intended to censure the courts below for want of zeal and faithfulness in doing according to their best jiidgment what the case required. ^Nluch less is it intended to reverse, in form, what has been done in the case of Mr. Finley, so as to restore him to his pastoral 676 OF DISCIPLINE. relation, in the Second Church of Woodbridge ; for this would be not only impracticable, in the circumstances, as they now exist, but inexpedi- ent, even if it were practicable. But the Presbytery of Elizabethtown erred in attempting too much to direct and control the action of that session, interfering without being called to do so, according to the forms of our Constitution ; in arresting the process of discipline, before it had been issued, while the session were pursuing it in an orderly manner; and in dissolving the pastoral relation upon a mere presumption of a majority of the people desiring it, without the regular application of either party ; thus making what they judged a necessity in the case, of more im^iortance than the forms of the Consti- tution. The Synod of New Jersey erred, not only in sustaining the action of the Presbytery in this case, but also in refusing to entertain as an appeal the remedy sought by a party, who was both injured and aggrieved by said action of the Presbytery. — 1858, p. 300, O. S. IV. THE DECISION MAY REMIT THE CASE TO THE LOWER COURT. 20. It may Remand the Cause for Reconsideration. The business left unfinished yesterday, viz., the consideration of the appeal of Mr. Todd from the decision of the Synod of Kentucky, affirm- ing a decision of the Presbytery of Transylvania, by Avhich decision Mr. Todd was deposed from the gospel ministry [was taken up], and after considerable discussion of the subject of the appeal, the following resolu- tion was adopted, viz.: The Assembly having heard the documents in this case, were of opinion that the way is not clear at present for a reversal of the sentence of sus- pension; but as it appears to the Assembly that Mr. Todd's opinions have not been perfectly understood, and whereas, there appeal's to have been some irregularity as to the nature of the testimony admitted on the trial before the Presbytery ; therefore, Besolved, That the Presbytery of Transylvania be directed to recoiasider the case of Mr. Todd, to afford him another opportunity of explaining him- self, and if they should be satisfied, to restore him to his former standing. —1817, p. 666. See Discipline, chap, iv., sec. vii., case of J. H. Spillman vs. Synod of Kentucky.— 1860, p. 45, O. S. 21. Judgment Reversed and Case Remitted on Grounds Stated. On the complaint of William H. Beecher and others against the Synod of Genesee, in the case of the appeal of Dr. Frank from the decision of the Presbytery of Genesee, the Genei-al Assembly sustain the complaint and reverse the judgment of the Synod on the following grounds, viz.: 1. That the merits (^f the case seem to be expressly declined by the Synod as the subject-matter of adjudication. 2. That the Synod appear not to have adhered to the alternatives pre- scribed by the Constitution. See Book of Discipline, chap, vii., sec. iii., sub-sec. X. 3. That the Synod seem to have forgotten the nature and the limits of their appellate, as distinguished from the original jurisdiction in the case, in that they censure at their bar the appellant, in a way competent, in any circumstances, only to the session of the church to which the appel- lant was primarily amenable. 4. That they seem to have forgotten also, in restoring the appellant, OF APPEALS. 577 that some expression of repentance ought to have been exacted, especially if their rejjriinand could, from any tril)unal, have been deserved. The Assembly therefore rule that the Synod of Genesee should review their proceedings in this case, and regarding alike the rules of the Con- stitution and the merits of the case, that they proceed to issue the same with equity and wisdom. — 1840, p. 11, N. S. 22. Referred back to the Court belo-w -with Instructions. Whereas, It appears that the decision of the Synod of Missouri, in the case of the complaint of Franklin Knox, has been recorded in resolutions which set forth, not the reasons for the decision in the case, but which are, in fact, a compromise; which also admit that, at most, there is a strong presumption of guilt, but not evidence, agreeably to the Constitution, suf- ficient to convict ; therefore, Resolved, That the complaint of Franklin Knox against the Synod of Missouri be referred back to the lower judicatory, and that the Synod lie and hereby is instructed to reconsider said resolutions, and record their decision agreeably to the evidence and the principles of justice recognized in our Constitution. — 1852, p. 173, N. S. 23. The Decision details the Irregularity of the Courts below. The consideration of the report of the Committee appointed to prepare a minute on the subject of IMr. Craighead's appeal from a decision of the Synod of Kentucky, suspending him from the gospel ministry on certain charges of heresy, founded on a sermon preached before the Synod, wa& resumed, and after some discussion, the report was adopted, and is as fol- lows, viz. : 1. The General Assembly are of opinion that the conduct of ]Mr. Craig- head in preaching such a sermon, and in such circumstances, before the Synod of Kentucky, especially as he had been suspected by his brethren of holding erroneous ojiinious, was highly reprehensible. 2. The General Assembly approve the conduct of the Synod in relation to this matter. While they were firm and zealous in maintaining what they believed to be truth, they were to an uncommon degree, respectful and affectionate in their manner of dealing with ]\[r. Craighead. As the sermon was delivered in their hearing, believing, as they did, that it con- tained dangerous error, they were bound to take notice of it and express their opinion to the preacher. 3. But they cannot ap])rove the conduct of Mr. Craighead when before the Synod. He indeed manifested a lofty and indei)endent spirit, that would not be controlled by authority, and there was not exhibited a due respect for the Synod as an acknowledged judicatory of the Church of Christ. His conduct was not respectful and conciliatory — which certainly was a return that their tenderness to him called for — but it was that of a bold and confident controvertist, who sets his opponents at defiance. 4. The publication of this sermon and defence by Mr. Craighead, after he had been so earnestly entreated by the Synod "not to ofiend against the doctrines of the Confession and the feelings of his Christian brethren," was even more reprehensible, as lar as evidence is before us, than tiie first preaching of it. 5. The Presbvterv of Transylvania, to which Mr. Craighead belonged, in the faithful discharge of their duty, could not have con.nived at such conduct. They acted "properly, therefore, in calling upon Mr. Craighead to answer for this publication." Indeed, they deserve much commendation for their Avatchfulness, zeal and firmness in promptly meeting an evil which 73 578 OF DISCIPLINE. threatened greatly to injure the welfare of the Church. And when it is considered that the man with whom they liad to deal was distinguished for his learning and eloquence, reputable in his character and standing in society, and venerable for his age, it was a duty of no small difficulty and self-denial which they were called to perform. But they did not shrink from it. Therefore, whatever may have been their errors in the manner of conducting this business, or the errors of the Synod, it is the opinion of the General Assembly that they performed their duty in difficult circum- stances, and that their whole proceedings were prompted by pure and coiiscientious motives. 6. It is not surprising that in a case so new and difficult some consider- able errors in point of form should have occurred ; the jDriucipal of these the General Assembly will now briefly point out. a. There was a great deficiency iu the charges preferred against Mr. Craighead as it relates to precision. All charges for heresy should be as definite as possible. The article, or articles of faith impugned, should be specified, and the words supposed to be heretical shown to be in repug- nance to these articles, whether the reference is made directly to the Scrip- tures, as a standard of orthodoxy, or to the Confession of Faith, which our Church holds to be a summary of the doctrines of Scripture. But in none of the charges against Mr. Craighead is this done ; and in twt) of them, third and fourth, it would be very difficult to say what articles of faith are supposed to be contravened in the errors charged on Mr. Craighead. And the last two charges appear to be so vague and indefinite as to be incapa- ble of proof In the fifth !Mr. Craighead is charged with perverting, etc., the sentiments of the preachers and writers in our connection. Now, in our connection there are a multitude of preachers and writers differing by many shades of opinion from each other. How then can this be a just ground of accusation ? In the sixth, he is charged with the false coloring of fiicts, etc. But no facts are established by evidence ; none are specified in the charge ; and to make it a just ground of accusation, it ought to have been a designed and malicious discoloring of the facts, etc. b. In the progress of this case, the Presbytery proceeded regularly to cite the accused, once and again, and upon his not appearing, they pro- ceeded to the trial, and having gone through the evidence, they referred the whole to the Synod to adjudicate upon it, with the expression of their own opinion, that j\Ir. Craighead ouglit to be suspended. The Synod met immediately after Presbytery and took up the case, and in concurrence ^vith the opinion of the Presbytery, suspended Mr. Craigliead from the gospel ministry. c. In this proceeding, the General Assembly are of opinion, that there was too much haste. Mr. Craighead was not guilty of contumacy, for he wrote two letters to the Presbytery, excusing himself for non-attendance ; and if he had been guilty of contumacy, he ought to have been susf)eii(K'd on that ground. Perhaps no man ought to be tried on charges pixtei-red, and to be supported by evidence, who is not present, witliout his own con- sent. A trial, in the nature of things, cannot be imjiartinl, when there is but one party heard. And in this case no injury would have been sus- tained by delay, for the Synod might have proceeded instantly to condemn the errors of I\Ir. Craighead's book, as the General As.a.ssi»i.] 2. Personal Attendance of the Appellant is not Necessary. Pei'sonal attendance on the superior judicatory is not essential to the regular prosecution of an appeal. — 1822, p. 58. 3. The Appeal may be Prosecuted by Proxy. a. The complaint of Rev. Henry Davis against a decision of the Synod of Utica, was taken up, and dismissed on the ground that the complain- ant has not appeared to prosecute his complaint, nor any other person in his behalf.— 1834, p. 454. h. The complaints of Kev. G. Dutfield and Vs . 11. de Witt were dis- missed on the ground that neither the complainants themselves, nor any person on their behalf are pre^^ent to prosecute those complaints. — 1835, p. 490 ; 1804, p. 313, O. S. ; 1865, p. 535, O. S. 4. In the Absence of the Appella-nt the Court assigns Counsel. a. The Judicial Committee brought before the Assembly an appeal of Mr. Newton Hawes from a decision of the Synod of Genesee, alfirming his suspension from the ordinances of the church, which suspension had been determined by the church of Warsaw. Mr. Hawes not being })res- ent. Dr. Janeway and Mr. Phillips were appointed to defend and support his a])peal. — 1823, p. 72. b. The Assembly took up the com])laint agairist the Synod of Virginia by the Kev. Samuel Houston, and Jlev. Samuel B. Wilson, reporteil by the Judicial Committee. The complainants did not appear, but a written OF APPEALS. 585 commuuication, containing the reasons of their complaint, was hxid before the Assembly. At the request of the complainants, Mr. Weed was ap- pointed to manage their cause in their absence. — 1827, p. 210. 5. In the Absence of Complainant Complaint Dismissed and De- fendant Sustained. The Judicial Committee report Judicial Case, No. 3, being the com- plaint of E. N. Sawyer and others, against the decision of the Synod of Chicago, in the case of O. M. Hoagland, as being fallen from ])y the failure of the complainants to appear and prosecute their complaint. They, therefore, recommend that the complaint be dismissed, and that ^Ir. Hoag- land be considered as entitled to all his former rights and privileges in the church of Hopewell. — 1858, p. 276, O. S. 6. Case Continued on Satisfactory Reasons given. a. The Judicial Committee reported an appeal by INIr. James Taylor, from a decision of the Synod of Pittsburg, and that the communication of Mr. Taylor gave infoi-mation that by reason of ill health he was unable to attend to prosecute hi-s appeal before the present Assembly. Resolved, That Mr. Taylor have leave to prosecute his appeal before the next General Assembly. — 1827, p. 211. h. A complaint of Wm. M. Lively against a decision of the Synod of New York. Mr. Lively being unable, through sickness in his family, to attend at this time and prosecute his complaint, the Committee recom- mend, that agreeably to his request, his comj)]aint be referred to the next General Assembly. This report was adopted. — 1851, p. 19, O. S. e. An appeal of Rev. M. Davis, from a decision of the Synod of Mem- phis, deposing him from the office of the holy ministry. The appellant being unable, by reason of ill health, to attend the sessions of the present Assembly, and desiring, in consequence, the continuance of his cause until the next General Assembly. The report was adopted. — 1851, p. 19, O. S. V. "Where the Case is Continued at the Request of the Appellant, the Sentence Remains in Full Force until the Case is Issued. The Judicial Committee reported that a paper had been put into their hands, purporting to be a request from Mr. C. PI. Baldwin, to ihe mode- rator of the Assembly, that his appeal from a decision of the Synod of Genesee be continued to the next General Assejnbly, and offering reasons for his failure to appear and prosecute it. It appears from the Form of Discipline, chap, vii., sec. iii., article xi., that his case is regularly before us for reference to the next General Assembly, if his excuse for now fail- ing to appear shall be deemed sufficient. The Committee recommend that the Assembly, in view of the reasons offered, and out of a desire to grant the appellant every reasonable indul- gence, continue his case agreeably to his request ; it being understood that the sentence of the Presbytery remain in full force against him till the case be finally issued, in accordance with the provisions of our Form of Discipline, chap, vii., sec. iii., article xv. The report was adopted.— 1858, p. 580, N. S. 8. Dismissed in Absence of Appellant, -with Privilege of ReneTval. a. The appeal of Dr. James Snodgrass against a decision of the Synod of Pittsburg was called up, and the appeal was dismissed on the ground 74 586 OF DISCIPLINE. that the appellant has not appeared, either in j^erson or by proxy, to pros- ecute said appeal. The Assembly, however, give to Dr. Snodgrass the privilege of prose- cuting his appeal before the next General Assembly, if he can then show sufficient cause for its further prosecution. — 1832, p. 376. b. In regard to a future prosecution of his appeal, the appellant must present his case, with reasons for previous failure, before the next General Assemhlv, whose province it will then be to decide upon the whole sub- ject.—1850, p. 463, O. S. 9. Where an Appeal has been Dismissed in Error, the Assembly grant a Restoration after a long Interval, "when Satisfied of the Error. The business left unfinished in the morning, viz. : the consideration of the report of the Committee to which had been referred the Rev. T. B, Craighead's letter, was resumed, and the report was adopted, and is as fol- lows, viz. : In the year 1811, an appeal from a decision of the Synod of Kentucky, by T. B. Craighead, accompanied by a letter from the same, was laid be- fore the General Assembly. But ]\Ir. Craighead not appearing in person, to prosecute his appeal, permission was given by the Assembly, on the last day of their sessions, to the membei'S of the Synod of Kentucky, who Avere present, to enter a protest against the prosecution of the aforesaid appeal, at any future time. This was supposed to be required by a standing rule of the Assembly. The appeal of j\[r. Craighead was therefore not heard, and the sentence of the Synod of Kentucky was rendered final. It moreover appears, that the General Assembly of the year aforesaid, having ado])ted the protest of the members of the Synod of Kentucky as their own act, did declare that Mr. Craighead had been deposed, whereas, the decision of the Synod was suspension ; and, although the Synod did direct the Presbytery to which Mr. Craighead belonged, to depose him, if he did not, at their next stated meeting, retract his errors ; yet this sen- tence could not have been constitutionally inflicted, because Mr. Craighead ap])ealed from the decision of Synod, the eflect of which was to arrest all further proceedings in the case, until the appeal should be tried ; there- fore the sentence of the Assembly declaring Mr. Craighead deposed, does not accord with the sentence of the Synod, which was suspension. From the above history of facts, your Committee, while they entirely dissent from many of tlie opinions contained in Mr. Craighead's letter, and consider its publication before it was i)resented to the Assembly indec(.>rous and improper, are of opinion, that he has just ground of complaint in re- gard to the ])rocee(lings of the General Assembly of 1811 in his case, and that the construction put on the standing rule of the Assembly was not correct; for jiersonal attendance on the superior judicatory is not essential to the regular prosecution of an appeal. Moreover, the sentence of the Ass(mbly, being founded in error, ought to be considered null and void, and Mr. Craighead ought to be considered as placed in the same situation as befoi-e the decision took place, and as possessing the right to prosecute his appeal before this judicatory. Ordered, that the stated clerk forward to ]Mr. Craighead a copy of the foregoing minute. — 1822, p. 52. XII. Members of judicatories a])pcalecl from, cannot 1)(> allowed to vote in the superior judicatory, on any Cjuestion connected with the appeal. OF APPEALS. 587 1. The Moderator, being a Member of the Court Appealed from, will not Sit. a. Besolved, That no minister belonging to the Synod of Philadelphia, nor elder who was a member of the judicature when the vote appealed from took place, shall vote in the decisicm thereof by this Assembly. The moderator, being a member of the 8ynod of Philadel])liia, with- drew, and Dr, McKnight took the chair. — 1792, p. 56. b. The appeal of Mr. Pope Bushnell was resumed. The moderator being a member of the Synod appealed from, Mr. Jennings, the last mod- erator present, took the chair. — 1826, p. 184. c. Judicial Case No. 1 was taken up. The moderator being a party in the case, vacated the chair, and on motion, Dr. Krebs was requested to act as moderator during the trial of the case. — 1866, p. 48, O. S. d. The moderator, on the ground of his being a member of the Synod complained of, voluntarily relinquished the chair, while this case should be pending. — 1852, p. 164, N. S. 2. An Interested Party should not Sit on a Trial. The records of the Synod of Genesee were, on recommendation of the Committee, approved, with the following exce|)tion : Of a decision of the moderator, recorded on page 151, that a member of a Synod, who might be interested in a case under trial, cannot be challenged; which decision is unconstitutional, and ought to be reversed by that Synod. — 1846, p. 20, K S. 3. Members of the Court Appealed from may not Vote. The Synod of Mississippi acted unconstitutionally in permitting the Presbyter}' of Louisiana to vote on the adoption of the report of the Judicial Committee on the complaint of Rev. Mr. Smylie. — 1850, p. 481, O. S. 4. The Rule applied to Review of Records. The moderator and elder from the session of Irish Grove claimed the right to vote on the disapproval of their records; which was refused by Presbytery. The session complained. The Assembly inter alia decide — That the Presbytery of Sangamon acted correctly in not permitting the members of Irish Grove session to vote for approving or disapproving their own records. — 1851, p. 33, O. vS. [See in full, under vii., iii., x., above.] 5, Members of a Court Appealed from may Speak on Postpone- ment. Appeal and complaint of P. S. Finley, etc., against the Synod of New Jersey. A motion was made by James Hoge to postpone the trial of this cause to the next General Assembly. This motion was discussed at length ; the moderator deciding, in the course of the discussion, that the members of the Synod of New Jersey might speak on such a motion. — 1858, p. 291, O. S. 588 OF DISCIPLINE. 6. An Elder belonging to the Judicatory Appealed from, though not a Member of the Court when the Case "was Issued, may not Sit. A question was raised by Mr. Cuuninghain, an elder from the Synod of Philadelphia, who was not a member of Synod at the meeting at which the case of Mr. Barnes was tried and issued, whether he has a right to vote in this case in the Assembly. After some discussion, the moderator decided that Mr. Cunningham, and any other members of the Assembly from that Synod similarly situated, have a right to vote in the Assembly. Fromi this decision of the moderator an appeal was taken, when, by a vote of the Assembly, the decision of the moderator was not sustained, and it was decided that Mr. Cunningham, and others similarly situated, have no right to vote on the case in the Assembly. — 1836, p. 265. 7. Ministers v;rho have been Dismissed to other Bodies before the Action Complained of are not Excluded. A motion was made that Dr. Skinner and Mr. Dashiell, who, at the time the trial was commenced in the Second Presbytery of Phi]a(leli)hia, were either not dismissed from that body, or had not yet connected them- selves with any other, though they did not meet with the Presbytery, and before the meeting of the Synod were members of other Presbyteries, should not sit in judgment in the case of Mr. Barnes. This motion was decided in the negative. — 1836, p. 266. 8. A Case is Remanded where Members of the Judicatory Ap- pealed from Act in their ovsrn Case. Second and third. Cases of ]\Ir. Jefferson Eamsey and Rev. Andrew B. Cross vs. the Synod of Baltimore. The persons named appeal from a decision of the Synod, by which a complaint of Mr. Panisey against the Presbytery of New Castle, and one of JNIr. Cross against the Presbytery of Baltimore, were dismissed as hav- ing no ground, on report of the Judicial Committee of the Synod. Your Committee learn from the records of the Synod that one clergy- man and one layman res]iectively from each of these Presbyteries were members of the Judicial Committee; that the moderator of the Synod was a member of the Presbytery of New Castle, and the moderator, pro tern., who was in the chair at the time of the action complained of, w^.s a member of the Presbytery of Baltimore ; that the case was not stated in any form to the Synod, but when the Judicial Committee reported, in each case, that there was no ground of complaint, their report was adopted un- der the call for the previous question. From all these facts, the Commit- tee are of opinion that the cases should be readjudicated by the Synod of Baltimore, and so recommend to the Assembly. Adopted. — 1873, p. 508. XIII. If the nionibers of tlie inferior judicatory, in case of a sen- tence appealed from, ai)pear to have acted according to the best of their judgment, and witli good intention, tliev incur no censure, al- though their sentence be reversed. Yet, if tliey appear to have acted irregularly or corruptly, tliey shall be censured as the case may- require. OF APPEALS. 589 1. A Case of Censure. The Committee appointed to prepare a minute to be adopted by tlie As- sembly, in relation to the appeal and complaint of the Kev. Josiah B. Andrews, against a decision of the Synod of New Jersey affirming a de- cision of the Presbytery of Jersey, by which Mi. Andrews was admonished, reported, and their report being read, was adopted, and is as follows, viz. : The General Assembly, after maturely and prayerfully considering the appeal and complaint of the Rev. Josiah B. Andrews, from a sentence of the Synod of New Jersey, adopted the following minute, viz: While in the opinion of this Assembly, the Presbytery of Jersey in originating, conducting and issuing this prosecution, do not appear to have exercised that cautious regard to the provisions of the Constitution, in cases of process, which are so efficient in matters of discipline, and while they deem this applicable to the proceedings of the Presbytei'y in relation to both the parties, Remlved, First, That the sentence of the Presbytery and Synod so for as it cen- sures the Rev. Josiah B. Andrews, for an imprudence of conduct and a want of tenderness toward the reputation of certain members of the church in Perth Amboy, be affirmed anil it hereby is affirmed. Second, That the sentence of the Presbytery and Synod, censuring the Rev. Josiah B. Andrews for " a very reprehensible degree of equivoca- tion," be i-eversed, and it hereby is reversed. — 1824, p. 106. XIV. If an appellant is found to manifest a litigious or other un- christian spirit in the prosecution of his a})peal, he shall be censured accordino- to the degree of his offence. XV. The necessary operation of an appeal is to suspend all fur- ther proceedings on the ground of the sentence appealed from. But if a sentence of suspension, or excommunication from church privi- leges, or of deposition from office, be the sentence appealed froni, it shall be considered as in force until the appeal shall be issued. See above, sec. x. 1. An Appeal Arrests all Process until it be Issued. It moreover appears, that the General Assembly of the year aforesaid having adopted the protest of the members of the Synod of Kentucky as their own act, did declare that INIr. Craighead had been deposed, whereas, the decision of the Synod was suspension ; and although the Synod did direct the Presbytery to which ^Ir. Craighead belonged, to depose him, if he did not, at their next stated meeting, retract his errors ; yet this sen- tence could not have been constitutionally inflicted, because Mr. Craig- head appealed from the decision of Synod ; the effect of which was to arrest all further proceedings in the case until the appeal should be tried ; there- fore, the sentence of the Assemldy declaring ^Ir. Craighead deposed, does not accord with the sentence of the Synod, which was suspension. — 1822, p. 52. See above under sec. xi. Case of C. H. Baldwin, 1858, page 580, N. S. 2. Suspension is Continued, until the Issue of the Appeal, -which mvist be at the next Meeting of the Court above. Overture No. 12. T. F. Worrell requested the Assembly to answer the following question, viz., Whether, when a person is suspended from the 590 OF DISCIPLTXE. church by a session, and restored by the Presbytery, the notice of appeal by the session continues the person under suspension ; and if so, how long can such suspension be continued without the appeal being issued? The Committee recommend that the following answer be returned, viz. : That the notice of appeal does continue the person under suspension un- til tlie appeal is issued, which must be at the next meeting of the upper court. The recommendation was adopted. — 1862, p. 597, O. S. 3, An Appeal against Certain Action does not Debar the Court from Acting upon the continued disturbed State of a Church. The question of a dissolution of the pastoral relation between Dr. McPheeters and the Pine St. Church was originally brought in an (jr- derly manner before the Presbytery, by petition from a minority of said church, and a personal tender of resignation by the pastor, and after all the constitutional steps were taken with care and deliberation, was decided by the Presbytery, acting for the peace and welfare of the church. That which was called an appeal and complaint to Synod from that action could not so suspend all further proceedings as to j^revent the Presbytery from considering and acting upon the continued disturbed state of that congregation. — 1864, p. 327, 0. S. See Form of Government, chap, x., sec. viii., xii. XVI. It shall always be deemed the duty of the judicatory, whose judgment is appealed from, to send authentic copies of all their rec- ords, and of the M'hole testimony relating to the matter of the appeal. And if any judicatory shall neglect its duty in this respect; especially, if thereby an appellant, who has conducted with regularity on his part, is deprived of the privilege of having his aj>peal seasonably issued ; such judicatory shall be censured according to the circum- stances of the case. 1. Copies taken by the Appellant not Svifficient.— The Records or Authenticated Copies Required. 3. That by the "forms of processes," etc., Mr. Bourne ought to be "allowed copies of the whole proceedings" in his case; yet "the judicatory appealed from" is, by the same rules, "to send authentic copies of the whole pro- cess;" his copy, therefore, Avhich he says was taken by liimself, but is not shown to the Assembly, is not sufficient; his affiilavit is not required by the course of proceeding in this body; and the three papers presented by him are not to be considered as the commencement of a cause, or the entry of an appeal in this judicatory. Nevertheless, ^h\ Bourne shall not suffer any inconvenience which the'Assembly can prevent on the account of any failures of the inferior judicatories, if a default should in future appear on their part, the evidence of such circumstance being not as yet nuule clear to this Assembly.— 1816, p. 627. 2. On the Failure of the Judicatory to send up Authenticated Copies of the Testimony, the Appeal is Sustained. The Committee appointed to prepare a minute on the decision of the Assembly sustaining the ajjpeal of INIr. Pope Bushnell from a decision of OF APPEALS. 591 the Synod of New York, affirming tlie decree of the Presbytery of Hud- son, by whicli the said jNIr. Bu:>luiell had been suspended from the privi- leges of the Church, made the following report, which was adopted, viz.: That the appellant having given due notice that he did appeal, appeared regularly before the Assembly; and that while the Presbytery and Synod have sent up their records in the case, neither has forwarded to this As- sembly an authentic copy of the testimony taken on the trial. The As- sembly did therefore decide that Mr. Bushnell's appeal be and it hereby is sustained, so that lie is restored to all his rights and privileges as a member of the Church of Christ. — 1826, p. 167. 3. In the Absence of Papers Referred to in the Records, and of Attested Copies of the Charges, the Case Postponed. The Judicial Comnnttee reported No. 1, the complaint of James Kussell against the Synod of Georgia. It appears to the Committee that Mr. Russell has conducted his com- plaint in due form, but the Synod has failed to furnish the documents needful to its prosecuti(m. The raiimtes of Synod are present, and com- plainant has furnished attested copies of minutes of Presbytery and of the testimony of witnesses exanuned. But we have still no attested copy of the charges which had been the basis of the original trial, nor of sundry papers referred to in the Presbytery's records, and wliich had been received as testimony. The Committee recommend to the Assembly the adoption of the following resolutions in the case: liesolved, 1. That the Synod of Georgia be directed to send up to the next Assemblv authenticated copies of all their records, and of the whole testimony relating to the matter of the complaint, together with their rea- sons for not sending up the papers to this Assembly, unless the case shall be previously adjusted. Be.-io'ved, 2. Tliat the papers received from complainant be returned to his own custody. Adopted. — 1852, p. 212, O. S. 4. In the Absence of Records of a Presbytery, the Synod Cen- sured and the Case Postponed. Dr. Jacobus, from the Judicial Committee, reported judicial case No. 1, ia reference to the complaint of Smiley Shepherd against the Syn()d of Illinois. The records of the Presbytery of Bloomington, neces>arily in- volved in the case, being absent, the Committee recommend that the Synod be censured for neglecting to send uj) the records, and that the case be deferred for trial until the records appear. The report was adopted. — 1861, p. o04, O. S. 5. "Where the Absence of Testimony is the Fault of the Court Complained of, the Case Dismissed and the Decision of the Lower Court Confirmed. Dr. Howard, chairman of the Judicial Committee, reported judicial case No. 4, being the complaint of the Rev. J. G. Monfort, D. D., in be- half of the Presbytery of Cincinnati, against the action of the Synod of Cincinnati in a case in which the Rev. E. Slack complained of the action of the Presbytery of Cincinnati. It appearing Vrom the minutes of Presbytery that its judgment and action were correct upon the facts stated therein, and there being no show- ing of any other facts in ihe minute of Synod whereon to rest its action, and the absence of the i)a})ers (.if there are any) being the fault of Synod, 592 OF DISCIPLINE. your Committee, therefore, recommend that the proceedings be dismissed and the judgment of the Presbytery stand affirmed. The report was accepted and adopted. — 1^67, p. 331, O. S. XVII. An a]>peal shall in no case be entered, except by one of the original parties. 1. Original Parties only may Appeal, but Others may Complain. a. The Judicial Committee reported a paper, signed by Dr. Cathcart and others, members of the Presbytery of Carlisle, purporting to be an appeal or complaint relative to a decision of the Synod of Philadelphia. The Committee gave it as their opinion that the subject could not be taken up on the ground of an appeal, because these persons were not one of the original parties, but that it might be taken up in the character of a com- plaint.— 1828, p. 69. h. Judicial Case No. 4 was then resumed — the complaint and appeal of the Presbytery of Passaic against the Synod of New Jersey. The usual charge of the moderator was made, and after the complaint and appeal had been read, it was, on motion of Judge Scates, Resolved, That the Assembly cannot entertain this case as one of appeal, inasmuch as it has not been made by one of the original parties. The case was then continued as a complaint. — 18(31, p. 344, O. S. 2. "Who are Original Parties ? — The Appellant and the Prosecutor. a. [In the case of Mr. Barnes] Mr. Barnes was heard in support of his appeal. Dr. Junkin, the original prosecutor, was heard in support of the charges until he finished. The Synod was heard by their Committee in explanation of the grounds of their decision. — 1836, p. 260, etc. b. The appeal of W. J. Frazer against the Synod of Illinois. The sen- tence appealed from, the appellant's reasons for appealing and the records of the inferior courts were read. Mr. Frazer, the appellant, and Mr. James Stafford, his prosecutor, who were the original parties, were heard. — 1840, p. 288, O. S. e. Appeal and Complaint of Rohert Finley and Smith Bloomfield against the Synod of Nexv Jersey. The parties in the case were then called, and R. J. Breckinridge was heard on behalf of Robert S. Finley. A question arose when he concluded, respecting the original parties, whether the Presbytery of Elizabethtown or the Synod of New Jersey should be regarded as the otlier party, upon which the moderator decided that the action of the Assembly in allowing James Hoge and Nathaniel Hewit to take the place of absent members of the Committee appointed by the Synod of New Jersey, did virtually recognize the Synod as the i)arty to be heard at this stage of the proceedings. — 1858, p. 201, O. S. 3. Members of the Court trying a Case are not Parties in the Case, and may not Appeal. The Judicial Committee also reported on judicial business No. 8, viz., the appeal of Dr. Joshua L. Wilson and others, against a decision of the Synod of Cincinnati, in the case of Dr. Beecher, that they have ex- amined the same, and are of o})inion that Dr. Wilson and others were not a party in the case, and consequently cannot constitutionally appeal ; and OF COMPLAINTS. 593 recommend that they have leave to Avitlidraw their appeal. This report was adopted — 1834, p. 432, 4. In a Case originating in Common Fame, the Appellate Court does not become an Original Party -with Right to Appeal. a. Also, Judicial Case No. 5 : An a])peal of the Presbytery of Omaha, against the decision of the Synod of Iowa, in the case of Dr. G. C. Morrill. This case originated in the session of the Second Church of Onialia, in which common fame was the accuser against Dr. Gilbert C. Morrill. After trial and judgment before the session, it was carried, by appeal of the accused, to the Presbytery of Omaha, from whose judgment it was again carried, by appeal of the accused, to the Synod of Iowa. The Synod remanded the case to the session for a new trial, of which de- cision the Presbytery of Omaha seeks a review by appeal to this Assembly. In the judgment of the Judicial Committee, the Presbytery of Omaha is not one of the original parties to this case, and is, therefore, not compe- tent to bring it before the Assembly by appeal (Book of Discipline, chap, vii., sec. iii., sub 1 and 17). And they, therefore, recommend that the appellants have leave to withdraw their papers. — 1870, p. 27. h. The original parties being called for, the moderator decided that the case having arisen without an individual prosecutor, there was but one original party before the court — the appellant — who was now to be heard by A. G. Hall and J. Bliss, representing him. — 1859, p. 543, O. S. See above, chap, vii., sec. iii., sub-sec. viii. SECTION IV. OF COMPLAINTS. I. Another method by which a cause ^vhich lias been decided by an inferior judicatory, may be carried before a superior, is by complaint, [See under sec. iii., above. An Appeal can be taken only by an " Orig- inal party," sub-sees. i. and xvii. It is from .a "Decision" of the judi- catory appealed from ; on any of the grounds named in sub-sec. iii. Its operation is to "suspend all further proceedings on the ground of the sentence appealed from" pending the issue of the a^ipeal, exce])t that sus- pension, excommunication or deposition, remain in force, sub-sec. xv. A complaint may be brought by others than the original parties, not excluding them. It may challenge any of the proceedings of the in- ferior judicatory, and any " decision " on any subject, wliich, " in the opinion of the com])lainants, has been irregularly or unjustly made," sub- sec, ii. A complaint does not arrest or suspend the operation of the sen- tence as in the case of an appeal. As the complaint is open to a wider range of parties than the appeal, so it is applicable to a wider range of subjects. It is resorted to chiefly to obtain the decision of the sujierior courts upon points of constitutional law, of morals, or of doctri,ne, supposed to be involved in the decisions of an inferior judicatory, sub-sec. iii. The right would seem to be limited to those over whom the courts of the church have jurisdiction. See also under chap, viii., sec. iv.] 1. Complaint may be Brought by Others than the Original Parties. The Judicial Committee reported a paper, signed by Dr. Cathcart and others, members of the Presbytery of Carlisle, purporting to be an appeal or complaint relative to a decision of the Synod of Philadelphia. The 75 594 OF DISCIPLINE. Committee gave it as their opinion, that the subject could not be taken up on the ground of an appeal, because these persons were not one of the original parties ; but that it might be taken up in the character of a com- plaint. Besolved, That the consideration of this complaint be the order of the day for next Tuesday morning. — 1823, p. 69. 2. The Distinction bet^ween an Appeal and. a Complaint must be Observed. The records of the Synod of Utica were, on the recommendation of the Committee, approved, with the exception that, on page 275, the Synod recognizes a reference to them as an appeal, which should have been con- sidered and acted on merely as a complaint agaimt, and not as an apjpeal from, the decision of Presbytery concerning the settlement of a pastor. — 1843, p. 22, N. S. 3. The same Matter may be the Subject both of Appeal and Complaint. The question was taken on sustaining the appeal and complaint (of the Second Presbytery of Philadelphia against the Synod of Philadelphia). A division being called for, the question was first taken on the complaint Sustained by yeas 118, nays 57. The question was then taken on the apjieal. Sustained, yeas 90, nays 81. — 1834, p. 431. II. A complaint is a representation made to a superior, by any member or members of a minority of an inferior judicatory, or by any other person or persons, respecting a decision by an inferior judicatory, which, in the opinion of the complainants, has been irreg- ularly or unjustly made. 1. By a Member or Members of an Inferior Judicatory. Complaints were Entertained and Issued, a. Of certain members of a Presbytery against the decision of a Synod. —1823, p. 73, 81 ; 1832, p. 356, etc. b Of an individual, in behalf of a minoritv, aijainst the decision of a superior judicatory.— 1827, p. 204; 1831, p. 329; ^833, p. 392, etc. c. Of a Presbytery against the decision of a Synod. — 1833, p. 392, etc. d. Of a minority against a majority of the same court. — 1831, p. 329 ; 1834, p. 436, etc. e. Of a deposed minister against a Presbytery for refusing him a new trial.— 1812, pp. 496, 504, etc. 2. By any other Person or Persons. [By this phrase the Constitution seems to refer to those who are not members of the judicatory complained of] Complaints were Entertained and h-nied. a. Of Mr. Joseph Wherry relative to a decision of the Synod of Pitts- burg.— 1820, p. 738. See under iii., below. b. Of the Presbytery of Washington, Ohio, against the Presbytery of West Lexington. — 1821, p. 21. [These Presbyteries belonged to different Synods.] See also 1828, p. 237. " c. Of the Third Presbytery of Philadelphia against the Presbytery of Luzerne. . . . Brought before the Asscml)ly, because of these Presbyter- ies having had no common synodical relation. — 1870, p. 27. OF COMPLAINTS. 595 d. A complaint of the commissioners of the Fifth Church in Philadel- phia against a decision of the Second Presbytery of Philadelphia. — 1835, p. 469. e. Of certain members of a church against a Presbytery. — 1864, p. 311, O. S. /. In case of the neglect or refusal of a session to convene the congre- gation for the election of elders, the party feeling aggrieved has its rem- edy by application to Presbytery in the form of a complaint. — 1822, p. 49. See also 1827, p. 215; 1840, p.' 305, O. S. g. It is the privilege of the people (of a congregation) or any part of them to complain to the Presbytery, when they think that the session, after being suitably requested, neglect or refuse to convene the congrega- , tion to elect a pastor. — 1814, p. 559. Or to elect elders. — 1822, p. 49. 3. Complaints Dismissed ; on what Grounds ? a. No Reason Assigned. The Judicial Committee reported the complaint of Mr. Charles J. Cook against the Presbytery of Kochester, accompanied with a petition. The documents in tlie case sent up by ^Ir. Cook were read. After which it ^vas resolved, that the complaint and petition be dismissed. — 1828, p. 232. h. For InJormalUy or Defect in Documents. The subject of the complaint of the session of Indianapolis was taken up, and after considerable discussion and mature deliberation, it was resolved, that this business be dismissed on account of informality, and that the papers be returned to the respective parties. — 1829, p. 262 ; 1829, p. 269 , 1832, p. 364 ; 1865, p. 435, O. S. c. For want of evidence of the complaint itself. — 1831, p. 339. d. Not presented within the constitutional time. — 1834, p. 429. See above, under chap, vii., sec. iii., sub-sec. vii. e. No Evidence of Notice to the Court Complained of. Kecommended that the complainant have leave to withdraw his papers on the ground that the Committee have no evidence that notice of such complaint was given to Synod. — 1834, p. 434. See above, sec. iii., sub-sec. v. /. In the Absence of the Appellant. The complaint of Rev. Dr. Henry Davis, against a decision of the Synod of Utica, was taken up, and dismissed on the ground that the complainant has not appeared to prosecute his complaint, nor any other person in his behalf.— 1834, p. 454. The com})laints of Rev. G. Duffield and AV. R. Dewitt were dismissed on the ground that neither the complainants themselves, nor any jiersrm in their behalf, are present to prosecute those complaints. — 1835, p. 490. [See under vii., iii., xi., above, the same rule applying to both.] g. In the Absence of the Records. The Assembly took up the complaint of the Presbytery of Missouri against the Presbytery of St. Charles, laid over by the last Assembly, and the records of the Presbytery of St. Charles not being present. Resolved, That the complaint be dismissed.— 1837, p. 429. See above, sec. iii., sub-sec. xvi. 596 OF DISCIPLINE. h. Complainants have leave to withdraw their papers. [No reason assigned.] — 1837, p. 480. 4. Complaint "will not Lie against a Judicatory for Obeying the Orders of the Superior Court. Whereas, The Rev. Archibald McQueen prosecuted a complaint before the Assembly of 1845 against the Presbytery of Fayetteville for refusing to restore him to the exercise of the gospel ministry, and did at the same time memorialize that Assembly to decree his restoration ; and whereas, that Assembly did take up and judicially entertain the said complaint, and pronounced judgment in the case by authorizing and recommending the Presbytery to restore the said Archibald McQueen to the gospel min- istry, provided that in the judgment of the Presbytery it was wise so to do ; and whereas the Presbytery, in the exercise of the discretion thus confided to them, did restore Mr. jNlcQueen ; therefore. Resolved, That the complaint of the Rev. Colin Mclver and others against the Synod of North Carolina, for having sustained the action of the Presbytery of Fayetteville in restoring the said Archibald McQueen, iu accordance with the judicial decision of the Assembly of 1845, cannot be entertained by this house, and is hereby dismissed. In making this disposition of the above-mentioned complaint, this Gen- eral Assembly wishes it to be distinctly understood that they do not mean either to retract or modify any judgment hitherto expressed by any As- sembly respecting the offence for which Mr. McQueen was suspended from the exercise of the gospel ministry. They simply declare that his case cannot be regularly brought before them by this complaint. — 1847, p. 395, O. S. 6. The complaint is not sustained, the Presbytery having acted entirely in accordance with the directions of the Assembly of 1867. — 1868, p. 641, 0. S. 5. Complaint \vill not Lie against Advice given on Memorial. The complaint of members of the Park Church, NcAvark, New Jersey, against the Synod of New York and New Jersey, was dismissed, on the gi'ound that the action of the Presbytery was not a subject-matter of com- plaint, or removal of the case to a higher judicatory, their proceedings having been merely advisory upon the memorial of the complainants. — 1852, p. 166, N. S. 6. Nor against a Refusal to Adopt a Proposed Paper. The Judicial Committee having had under consideration No. 1, the ap- peal and complaint of the Rev. Robert J. Breckinridge, I). D., and others, against a decision of the Synod of Philadelphia on the quorum question ; and No. 2, the appeal and complaint of the Rev. R. J. Breckinridge, D, D., and others, against a decision of the Synod of Philadelphia oii the ques- tion of the imposition of hands in ordination, report, that in their opinion the Form of Government and Discipline of the Presbyterian Church do not authorize the ap])ellants and complainants to bring before the General Assembly either an api)eal or complaint in the cases referred to. The report was adopted. — 1844, p. 366, O. S. [Against this decision a protest was entered. See Baird's Collections, Rev. Ed., p. 145, and jNIinutes, p. 380. In answer, the Assembly reply inter alia ;] In replying to the protest in question, little more is necessary than to state distinctly what was the action of the Synod of Philadelphia, com- plained of by R. J. Breckinridge and others. Two papers were offered by OF CXDMPLAIXTS. 597 Dr. Breckinridge for the adoption of the Synod ; the one rehiting to the constitution of a quorum in Presbytery, the other to the imposition of hands by ruling elders in the ordination of ministers of the gospel. In relation to each paper, the question on which the Synod voted was in the following words : "Shall this paper be adopted?" By a large majority the Synod refused to adopt these papers. The Assembly know of no law in our Book of Discipline requiring a Presbytery or a Synod to adopt any paper or papers submitted to them by any individual or any number of individuals; and if there is no such law, there could be no transgression of law or neglect of duty, and consequently, no ground of comphunt. The papers in question condemn the interpretation of certain clauses in our Constitution, given by the last Assembly, propose an opposite inter- pretation, and overture the General Assembly to repeal the overtures adopted by the last Assembly, and to adopt interpretations of an opposite character. In regard to these papers, it is proper to remark, 1. There was no case before the Synod. No elder comphiined that he had been deprived of what he regarded as a constitutional right. No Pres- bytery was charged with having constituted and proceeded to business without a constitutional quorum. The Synod, therefore, was not called upon to administer law, but to mterpret our Constitution — to decide con- stitutional questions in thesi. How far it is expedient to give expositions of our Constitution, or to decide constitutional questions in thesi, it may be difficult to determine; but certain it is that no church judicatory is bound, in any state of case, to give such decisions. But " where there is no law, there is no transgression," and, of course, there can be no ground of com- plaint. The protestants allege that the Synod did act, and that their action was complained of The answer is, that the only action of the Synod in the case was a refusal to adopt certain papers offered by a mem- ber of that bod3^ To this action, if it be proper to call it so, the Synod was forced by the member who ofiered the papers. They were oblige«l either to adopt them or to refuse them. They deemed it wise, as they ha..l the perfect right, to do the latter. 2. Again: these papers, if adopted, required the Synod to send to this Assembly an overture or request to give an interpretation of our CV)nstitu- tion contrary to that given by the last Assembly. But, although it is the right of sessions. Presbyteries or Synods to overture the Assembly when- ever they may deem it wise to do so, there is in our liook no law re(i\iir- ing them or any one of them to do so in any case. In declining to sen. I up an overture, therefore, the Synod of Philadelphia violated no law, com- mitted no transgression against ecclesiastical law, and consequently a com- plaint against that body cannot lie. The very idea of forcing either indi- viduals or bodies to overture or petition is absurd. But the protestants strangely contend that "every inferior court is re- sponsible to the courts above it for the proper exercise of its discre- tion, and therefore they may be complained of as regards its exercise." Where there is re.-o, 0.6. 616 OF DISCIPLIXE. VII. AVhcn, however^ the judgment of the inferior judicatory is reversed ; and it is apparent that the new testimony had considerable influence in procuring^the reversal; it ought to be so stated in the de- cision of the superior judicatory; inasmuch as it would be injustice to the inferior judicatory to reverse their decision, upon grounds which were never before them, without explaining the fact. CHAPTER X. JURISDICTION. I. When a member shall be dismissed from one church, with a view to his joining another, if he commit an offence previous to his joining the latter, he shall be considered as under the jurisdiction of the church which dismissed him, and amenable to it, up to the time W'hen he actually becomes connected with that to which he was dis- missed and recommended. [For the jurisdiction of the session over members non-resident, see under Book of Discipline, chap, xi., sec. iii., a, h, c. Over licentiates, see Form of Government, chap, xiv., sec. xi.] 1. A Suspended Member may not be Received by another Church. If Received -without Knowledge of the Facts, his name to be Stricken from the Roll. Overture from certain members of the Presbytery of Madison : We desire to make the following statement ami inquiries: A person is (we will supp(jse) under suspension in one of our own churches. He removes, and unites, on examination, with another of our churches, the session of the latter one being wholly ignorant of his former moml)orsl)ip, and, of course, of his suspension. The facts are, however, afterward discovered. Would this discovery, of itself, vitiate his second membership, and leave him simply a suspended mend)er of the former church? VVoukl unworthiness for church membership, clearly manifested, while in the hitter church, and before said discovery, rightfully add any ethcacy toward producing this result? To the first of the above questions the Committee recommend an answer in the affirmative; to the second, if the question mean whether tiie session of the second church has jurisdiction in the case of unworthiness mani- fested in the second relation, the Committee reconnnend an answer in the negative; but if the (juestion mean whether the un worthinesses numifested in the second relation be proper ground of separate process by the session of the first church, the Connnittee recommend an answer in the ailinmx- tive. In respect to the whole case, the Committee agree in the statement following : The person, uniting with the second church on exauiiimtion, unites de- JURISDICTION. 617 ceptively. So soon as the facts in the case are ascertained by the session of this second church, the proper order of procedure is, for this session, after conference with the accused person, to strike his name from their roll of church members as not under their jurisdiction, to communicate their action to the session suspending him, with the reasons for it, and to request the said session to proceed against him, on separate process, for duplicity and disorder. The reply of the Committee was adopted. — 1866, p. 269, N. S. 2. A Letter of Dismission takes Effect as soon as Granted, so far as Rights and Privileges are Concerned. a. A letter of dismission, whether issued to a ruling elder or private member, terminates the relations of the person dismissed with the church giving the letter, except so far as said church is responsible for its watch and care over him during the period of transition. h. These rights and privileges can be regained in that church by return- ing the letters of dismission to the authority which gave them. c. These rights and privileges can be secured in any other church within .the jurisdiction of this General Assembly, by virtue of such certificates, provided they are presented to the session thereof within one year from their date ; and, until they are presented, such persons are amenable to the church from which the certificates were received. — 1867, p. 512, N. S. 3. Members of an Extinct Church Amenable to Presby-tery. A church has been dissolved by the Presbytery, letters having been given the members to unite with any Evangelical Church where God may, in his providence, cast their lot. One of these members holds such a letter more than eighteen months old, not having used said letter. Is such a member amenable to the Pres- bytery, and is the Presbytery under obligation to receive, entertain, and pass upon a complaint entered against such party, holding said letter? The Committee recommend that this overture be answered in the afiirm- iuive, on the following grounds: 1. That every church member is amenable to some appropriate tribunal, and that, in the case specified in the overture, this tribunal must be the Presbytery. 2. That every member of a church continues to be amenable to that church, until he becomes regularly connected with another. — 1809, p. 266, N. S. II. The same principle applies to a minister, who is always to be considered as remaining under the jurisdiction of the Presbytery which dismissed him, until he actually becomes a member of another. 1. Jurisdiction over a deposed Minister is in the Presbytery which Deposed him. a. The Presbytery of Des Moines deposed Eev. James H. Shields from the ministry. Subsequently, Mr. Shields applied for restoration, to the Presbytery of Keokuk, within whose bounds he resided at the time of his application. The Committee on Polity also reported Paper No. 2. An overture from 78 618 OF DISCIPLINE. the Presbytery of Keokuk, asktug if they have jurisdiction over the case of James H. Shields, deposed by the Presbytery of Des Moines. The Committee recommended to the Assembly, that the question submit- ted by the Presbytery of Keokuk be answered in the negative ; and the recommendation was adopted. — 1859, p. 18, N. S. b. In the case of Rev. Michael Hummer, deposed by the Presbytery of Iowa, and restored by the Presbytery of Highland, the Assembly declare it irregular and unconstitutional for any Presbytery to receive and restore a member of another Presbytery who has been de^iosed. — 1862, p. 608, O. S. See under Form of Government, chap, x., sec. viii. 2. Where a Minister is Deposed, the Name should not be form- ally stricken from the Roll until the Proceedings are finally Issued. The other paper is an inquiry, proposed to the Assembly by Fisk Har- mon, of Swede Point, Iowa, respecting a case of discipline which has oc- curred in what he calls the Presbytery of D . A minister is said to have been deposed, and the sentence of deposition to have been pi*o- nounced, but his name was not ordered to be stricken from the roll. The clerk, however, assumed the responsibility of erasing his name ; and Avhen the case was appealed to the Synod, and remanded by it to the Presbytery that new evidence might be presented by the appellant, and the deposed minister demanded that his name might be replaced on the roll before the Presbytery proceeded to the reception of the evidence, he was informed by the moderator that his name did not belong there. The inquiry is : " Can this new sentence of striking the name of the deposed minister from the roll be constitutionally inflicted without a new and regular trial ?" The Committee recommend the following reply: As the name of every minister under trial must be properly on the roll of some Presbytery, it should not be finally erased until the completion of all the ecclesiastical proceedings connected with the case. In the present in- stance, the Assembly decide that the name of the minister referred to should be restored to the roll of the Presbytery, and retained until the case has been finally disposed of. — 1869, p. 270, N. S. 3. A suspended Minister is under the Jurisdiction of the Presby- tery -which suspended him. — "When Sentence has been Reversed for Informality, if Process is not commenced in Six Months, a Dismission in G-ood Standing may be claimed. Mr. Bell had been suspended, and took an appeal to the Assembly, which was sustained. The Committee apjiointed to prepare a minute expressive of the sense of the Assembly concerning the appeal of Joseph E. Bell, reported the following resolutions, which were adopted, viz. : 1. Besolved, That in the judgment of the Assembly, Mr. Bell was, and still continues to be, fully amenable to the Presbytery of Concord. 2. That while the Assembly do not wish to protect the guilty, they do judge that great caution, deliberation, and as far as may be, the rules of discipline, where ministerial character is impeached, ought to be strictly observed, and that in this case the informality was exceptionable. 3. That if it be deemed necessary for the good of religion, and the honor of the ministerial character, the Presbytery of Concord are en- tirely competent to commence a new trial. Or if Mr. Bell shall desire for his own sake a new trial, the door is still open. JURISDICTION. 619 4. That iu the mean time Mr. Bell's ministerial character shall be considered regular ; and if no process shall be commenced by either party within the space of six months, from the 1st of June next, then Mr. Bell may claim from the Presbtery of Concord, a dismission declar- ing him to be in regular standing. — 1828, pp. 240, 241. 4. A Minister holding a Letter of Dismission is a Member of the Presbytery Dismissing him until received by another Body. [Overture to the Synod of Ohio. When a member of Presbytery has taken a letter to join another Presbytery or association, what relation does he sustain to, and what rights and privileges has he in, the Presbytery from which he received the letter, during the time that intervenes be- tween receiving the letter and uniting with that other Presbytery or con- sociation ? Answer by the Synod of Ohio. It is often a fact that dismissions are granted during the sessions of a Presbytery, to take effect at its close. This fact decides that in all ordinary cases all the rights and privileges of an individual in a Presbytery, cease the moment his request for a dismis- sion is granted. He may, however, at any time before he has used it, re- turn his letter, and then claim all his former rights and privileges ; but until he has used his letter, he is amenable to the Presbyter3^ See Form of Government, chap, x., sees. 1, 2. — Minutes, Synod of Ohio, p. 225.] The Committee on the Records of the Synod of Ohio, recommend their adoption, except That the answer to the question above should be, " He is a member of the Presbytery until received by another body." Adopted. — 1860, p. 239, N. S. 5. The Privileges of Membership cease with the Granting of the Letter. The established rule of the Presbyterian Church, in relation to the dis- mission of a minister from his Presbytery, is, " that, in all ordinary cases, all the rights and privileges of an individual in a Presbytery cease when, at his request, his dismission is granted." He may, however, within any reasonable time before he has used his letter of dismission, return it to the Presbytery, and then claim all his former rights and privileges ; but, until he has used his letter, he is amen- able to the Presbytery which has dismissed him. See Digest, chap, v., sec.ii., sub-sec. viii. — 1867, p. 512, N. S. 6. "While a Minister is in transitu he is a Member of the Presby- tery -which gave him his Letter. Overture No. 5, from the Presbytery of IMarion, as follows: A minister receives a dismission to unite with a distant Presbytery, and travels in the region indicated, but does not remove his family. Af- ter an absence of months, perhaps of more than a year, he returns to the residence of his family. During his absence, however, the Synod sets off " all the ministers " of his Presbytery " residing north of the south line " of his county to form jiart of a new Presbytery. Plolding the original certificate, to which Presljytery does he belong, and in case of the neces- sity of process for unmiiiisterial conduct, which Presbytery is bound to proceed in his case? — 1864, p. 314, O. S. It was Resolved, That the minister in question be held to belong to the Pres- bytery which granted him the certificate. — 1864, p. 314, 0. S. 620 OF DISCIPLINE. 7. Ministers withdra-wing from Presbytery Irregularly to be Stricken from the Roll. a. Overture No. 5, viz, : A reference from the Presbytery of Cheuango, asking advice in the case of the Rev. Edward Andrews, a member of their body, who has recently withdrawn and received Episcopal ordination, was taken up and committed to Mr. Crothers, Mr. Weed, and Mr. Far- rand.— 1828, p. 239. The Committee on the reference from the Chenango Presbytery, in the case of the Rev. Edward Andrews, made the following report, which was adopted, viz. : Resolved, as the sense of this Assembly, that though the conduct of Mr. Andrews was disorderly, it be recommended to the Presbytery to do nothing further in the case than simply to strike his name from the list of their members.— 1828, p. 240. h. The Committee on Overture No. 2, viz., a reference for advice from the Presbytery of St. Lawrence, reported the following resolution as a suitable answer to be given in the case, which was adopted, viz. : Resolved, That when a minister otherwise in good standing gives notice, in form, to the Presbytery to which he belongs, that he renounces the fellowship of the Presbyterian Church, or by neglecting to attend the' meetings of its judicatories, after being dealt with for such neglect, gives evidence that he has done so in fact, his name ought to be struck from the roll of membership, a notice of this procedure communicated to the dis- owned member, and, if necessary, published to the Church. The congre- gation under the care of such minister ought to be held as still under the care of Presbytery, unless they give evidence that they also have with- drawn, in which case their name ought also to be struck from the list of congregations belonging to the Presbytery. — 1830, p. 305. c. Overture No. 5, from the Second Presbytery of New York, asking the direction of the Assembly as to the action to be taken by Presbytery in the case of a member, who, without pi'evious conference with his co- presbyters, or without receiving a certificate of dismission, leaves the Presbytery, and abandons the ministry of the Presbyterian Church. The Committee recommend to the Assembly the adoption of the following resolution as an answer to the request of the Presbytery : Resolved, That in such cases as that presented in the overture, the Presbytery ought simply to erase the name of the minister from the roll, provided he leaves the Church without being chargeable with funda- mental error in doctrine, or immorality of life. Adopted. — 1854, p. 17, O.S. 8. Such must Return to the Body from v^hich they ■withdre'W to be Restored. See case of David Austin, under Form of Government, chap, x., sec. viii., 35. III. If, however, either a minister, or a private member, shall be charged with a crime which aj^pears to have been committed during the interval between the date of his dismission, and his actually join- ing the new' body, but which did not come to light until after he had joined the new body, that body shall be empowered and bound to conduct the process against him. JURISDICTION. 621 1. If the Presb3rtery Dismissing have become Extinct, the Presby- tery to which One Charged, as Above, Comes may Refuse to Receive Him ; in that Case, the Jurisdiction is in the Synod. See Form of Government, chap, x., sec. viii. 17. 2. Reception of a Member on a QuaHfied Letter is Void. See Form of Government, chap, x., sec. viii. 21. 3. Jurisdiction over One Charged -with Crime is in that Presby- tery of which he was a Member when the Alleged Offence was Committed. Overture No. 25, from the Presbytery of New Castle, asking the Gene- ral Assembly to determine, whether that Presbytery, or the Presbytery of Cleveland, has jurisdiction of Rev. J. F. Severance. The facts in the case, appearing in the overture, are as follows : INlr. Severance was a mem- ber of the Presbytery of Wilmington (which was succeeded by the Pres- bytery of New Castle), but left the bounds of that Presbytery in 1868. In 1870, he was withiu the bounds of the Presbytery of Cleveland ; and, after the reconstruction, twice sat in the Presbytery of Cleveland as a cor- responding member from the Presbytery of New Castle. In September, 1871, he was received a member of the Presbytery of Cleveland, under the operation of Principle 5, adopted by the Assembly for the purpose of reconstruction. Before the Presbytery of Cleveland adjourned the sessions at which Mr. Severance was received, that Presbytery obtained information, that rumors afiecting the Christian character of Mr. Severance had come to the knowledge of the Presbytery of New Castle, and said Presbytery had appointed a Committee, to inquire into the facts, and correspond with Mr. Severance in regard to them ; and this Committee had not been discharged, when Mr. Severance was received by the Presbytery of Cleveland. After the Presbytery of Cleveland had received this information from the Pres- bytery of New Castle, they reconsidered their action receiving ISIr. Sever- ance, and declared said action null and void. The question is, To which Presbytery does Mr. Severance belong ? The Committee recommend the following answer : . . . The decision of the Assembly, made in 1816, settles the principle that membership in any church judicatory is an entirety, and is not divisible. The judicatory is the judge of the fitness of an applicant for membership in it. The vote of the judicatory invests the applicant with all the rights of membership, of which he cannot be divested except by due course of discipline according to the Book. Hence, Mr. Severance is a member of the Presbytery of Cleveland, and that Presbytery has jurisdiction in his case. — 1872, p. 72. 4. The Presbytery within whose Bounds an Offence is Committed fulfills its Duty in Notifying the Presbytery to which the Of- fender Belongs. When it is alleged that a minister has committed an offence in the bounds of a Presbytery of which he is not a member, the Presbytery in the bounds of which it is alleged the offence was committed, has performetl its entire duty in the premises when it notifies the Presbytery to which he belongs, of the allegation and the grounds on which the allegation is based. The report was adopted.— 1869, p. 922, 0. S. 622 OF DISCIPLINE. IV. Xo Pre.sbytery shall dismiss a minister, or licentiate, or can- didate for licensure, without specifying the particular Presbytery, or other ecclesiastical body, with which he is to be connected. 1. Presbytery must Specify the Body to which a Member is Dis- missed. Resolved, That, whereas it is a fundamental principle of the govern- ment and discipline of the Presbyterian Church, that every minister of the gospel belonging to it be subject, at all times, to his brethren in the Lord, and accountable to them for the orthodoxy of his principles, and for his moral, religious, and orderly deportment ; it is therefore. Ordered, That every Presbytery under the care of this Assembly, when- ever they dismiss a member, be careful particularly to specify with what Presbytery, association, or classis, or other religious body, he is to be asso- ciated after his dismission (to which some of the Presbyteries do not ap- pear to have been sufficiently attentive) ; and that every member so dis- missed be, in all cases, considered as amenable to the Presbytery which has dismissed him till he shall become connected with the ecclesiastical body which he shall have been directed to join. — 1806, p. 351. 2. The Dismission may not be by a Standing Committee. See Form of Government, chap, x., sec. viii, 23. CHAPTER XI. LIMITATION OF TIME. I. When any member shall remove from one congregation to another, he shall produce satisfactory testimonials of his church membership and dismission, before he be admitted as a regular mem- ber of that church ; unless the church to which he removes has other satisfactory means of information. 1. A Certificate of Dismission should be Required. Nor can the Assembly forbear to regret that the session of the church of Chillicothe had not acted in a more formal manner in receiving Mr. McCalla, and had not required a regular certificate of dismission from the church to which Mr. McCalla belonged before they received him. — 1821, p. 21. 2. To Receive Members of Churches of our o"wn Connection vrith- out a Certificate is Irregular. The same Committee reported an overture, asking if it be in accord- ance with ecclesiastical law, and order in the Church, to receive members of another church who have not been regularly dismissed, with a view to such change of relation. The Committee recommended that, so far as churches in our own con- LIMITATION OF TIME. 623 nection are concerned, tbe question be answered in the negative, and refer to the Book of Discipline, chap, xi., sec. i. The report was adopted. — 1868, p. 58, N. S. 3. Dismission to Join another Denomination. a. Resolved, That in all cases where members of any of our churches apply for dismission to unite with a Church of another denomination, the proper course is to give a certificate of Christian character only. — 1839, p. 177, O. S. h. The Presbytery of Hudson requesting that this rule be rescinded, the Assembly replied : The Presbytery of Hudson has misapprehended the spirit and scope of the resolution in question. It is neither a censure on the individuals, nor the churches to which they seek to be dismissed, but sets forth the only fact which it is important that those churches should know. — 1848, p. 22, O. S. 4. The Form of Dismission to other Denominations left to the Discretion of the Session. Shall members of our churches, who may wish to join churches not in correspondence with tlie General Assembly, receive certificates in the same form as if they wished to join another church, in our communion, or in correspondence with the Assembly; or has the church session done all that it ought to do, when in such cases the good and regular standing of the persons so applying is duly certified? On motion, the answer recommended by the Committee was laid on the table, and the following, after amendment, was adopted, viz. : Resolved, That this whole subject is one that ought to be left to the sound discretion of the various church sessions, according to the Constitu- tion of the Presbyterian Church. — 1851, p. 28, O. S. [See Discipline, chap! i., sec. iii., 12, a.] 5. The Dismission may be Indefinite. Is it regular in any case for a church session to dismiss a member with- out specifying the particular church with which he is to be connected ? At the reconnnendation of the Committee, the question was answered in the affirmative.— 1853, p. 444, O. S. 6. Dismission of a Suspended. Member. Is it orderly in any case to dismiss to another church a suspended mem- ber, stating the case, and submitting it to the session to which he has . removed ? It may be orderly in circumstances of necessity arising from removal to an inconvenient distance, provided that in no instance the session to which he be dismissed be allowed to review or rejudge the case. — 1849, p. 239, O. S. 7. A Suspended Person being Restored by the Superior Courts may Claim Dismission in Good Standing. a. In regard to the complaint of Mr. Dobbins, against the session of the church of Augusta, for receiving members suspended by the session of the church of Smyrna, the Assembly are of opinion that both sessions acted unconstitutionally : the session of Smyrna in suspending said members, and the session of Augusta in i-eceiving them when suspended. Therefore, 624 OF DISCIPLINE. Resolved, That the appeal, on this complaint, be and it is hereby sus- tained ; and the members in question are hereby declared to be still mem- bers in good standing in the church of Smyrna ; and the session of the church of Smyrna are hereby directed to dismiss said members if they still desire it, that they may regularly connect themselves with the church of Augusta.— 1824, p. 124. b. Resolved, That the Presbytery of Nashville having fully exonerated the appellant from all blame in the matters respecting which he was charged before the session of the church at Clarksville, his character is unimpeached, and that he is now, and ever has been since the action of the Presbytery in his case, entitled to a dismission from the church at Clarksville, whenever applied for, in order to connect himself with any church in the vicinity of his present residence. — 1849, p. 237, 0. S. 8. A Dismission may be Irregular, yet Valid. » A memorial from individuals in the Presbytery of Concord, formerly under the pastoral care of the Rev. INIr. Davies, asking the Assembly to determine whether they are to be considered members of the Prospect church, or whether their dismission from the church of Centre is to be considered null and void. The Committee recommended that the Assem- bly, while not approving of the haste and confusion with which their dis- mission was given, declare their actual connection with the church of Prospect now to be valid and I'egular. The recommendation was adopted. —1849, p. 266, O. S. 9. Members Removing' should be Furnished -with Testimonials of Standing, and should be Counseled to Transfer their Relations. Overture No. 36, from the Presbytery of Iowa, asking the Assembly to make it the duty of every church to give a letter of dismission to every member when removing to another locality where there is a Presbyterian church, etc. The following answer was adopted : The Committee recommends that it be enjoined upon the sessions of our churches, on the removal of any members beyond the boundaries of their own organizations, to furnish such members, whether in full communion or members by baptism only, with testimonials of their standing ; which testimonials it shall be the duty of such persons at once to present to some church of our connection, and the sessions shall earnestly counsel these members to transfer their relation immediately, if practicable, or at the earliest opportunity. Also, that in case but a single organization of our order is within reach of the parties so removed, the sessions having care of them shall transmit to that church session a copy of the testimonials foregoing ; if there be more than one such organization, then the parties transferred may elect to which organization these testimonials shall be sent. — 1869, p. 923, O. S. 10. Churches Receiving Members by Letter should Notify the Church from which they come. Overture No. 1, from the Presbytery of Neosho, on the dismission of church members. The Committee recommend the following action : Resolved, That the General Assembly urge upon the sessions of churches the importance of giving to members who remove from them either letters of dismission and recommendation to a particular church, or, in case of LIMITATION OF TIME. 625 uncertain destination, letters of credence, and that, on the reception of members from other churches, they notify immediately the church from •which the member has been dismissed. And they also urge upon all our churches the use of the printed blanks for the dismission and reception of members furnished by our Board of Publication. — 1871, p. 587. \ II. No certificate of church-membership shall be considered as valid testimony of the good standing of the bearer, if it be more than one year old, except where there has been no opportunity of present- ing it to a church. [It is not meant by this that a member may not be received on a cer- tificate as above, but that it leaves the matter to the discretion of the ses- sion, and makes inquiry into the circumstances a duty. A certificate is prima facia evidence of church membership. Its age may call in ques- tion the fidelity of the member. If satisfied, the session may receive him upon it.] III. When persons remove to a distance, and neglect, for a consid- erable time, to apply for testimonials of dismission and good standing, the testimonials given them shall testify to their character only up to the time of their removal, unless the judicatory have good informa- tion of a more recent date. 1. The Standing of Members Absent and Unknown.— Such Absence ■without Certificate itself Censurable.— If Willful, they should be Suspended. a. The Committee appointed on the overture from the Synod of New Jersey, inquiring what a church session ought to do with members in com- munion who have been absent for years without having taken a certificate of dismission, and whose place of residence is unknown, made a report, which, being read and amended, was adopted, and is as follows, viz. : That although this particular case is not provided for by a specific reg- ulation in our Book of Discipline, yet it is embraced by certain general principles, which are recognized in that book, and interwoven with many of its provisions. These principles, together with the result bearing on the case in question, the Committee beg leave most respectfully to state : 1. Every church member is amenable to some appropriate tribunal, by the wisdom and fidelity of wliich, in case of his falling into any error, immorality or negligence, he niav be dealt with according to the vrord of God. 2. No member of a church can properly ever cease to be such but by death, exclusion, a regular dismission, or an orderly withdrawing to join some other Christian denomination; and must of necessity con- tinue to be amenable to that church until he becomes regularly connected with another. 3. For a church member to withdraw from a use of his privileges as a member, either by irregularly connecting himself with another denomina- tion, or by going to a distant part of the world to reside for a number of years, without making known his removal to the church session, and ask- ing a certificate either of good standing, for the purpose of enjoying occa- sional communion elsewhere, or of dismission, to join some other church, 79 626 OF DISCIPLINE. is itself a censurable violation of the principles of church fellowship, and may infer suspension from its privileges. 4. Church members, therefore, who have been absent for a number of years in unknown places, are by no means to have their names erased from the churches to which they respectively belong, but are to be held respon- sible to their respective churches ; and if they should ever return, or be heard from, are to be regularly dealt with according to the word of God and the principles of our Church; and although great caution and tenderness ought to be exercised toward those whose withdrawing from Christian privileges may be occasioned by the unavoidable dispensations of Provi- dence, without any material fault of their own, yet in all cases in which a church session has good reason to believe that any of the church under their care have absented themselves with design, either from a disregard of Christian privilege or from a wish to escape from the inspection and discipline of the Church, they ought, without unnecessary delay, to declare such persons suspended from the privileges of the church until they give evidence of repentance and reformation, and of course, in making their statistical reports, ought to enumei'ate such among the members under suspension. — 1825, pp. 138, 139. h. A Session Sustained for Suspending Members for Absenting Themselves for Years xoithout Certificate. The records of the Synod of New York and New Jersey were approved, with the exception of the action of the Synod (p. 381) in relation to the course of the Presbytery of North River in the case of delinquent church members.— 1853, p. 323, N. S. [The record referred to is as follows, viz.: "The Committee on the Rec- ords of the Presbytery of Nortli River reported, recommending that they be approved as far as written, with the following exception, viz.: On page 18 the Presbytery refused to sustain the following exception to the records of the session of Freedom Plains, viz. : That several members of the church have been suspended by the session simply for having absented themselves for years, and having gone beyond the knowledge of the session without applying for certificates. The report was adopted. — Minutes of the Synod of New York and Neiv Jersey.'\ In answer to a protest against the above, the Assembly reply : It is fully conceded and firmly maintained by the General Assembly that, in all cases where an offender can be reached by citation and brought to trial, it is the duty of the judicatory to which he is directly amenable, to proceed against him according to tlie process prescribed by the Book of Discipline. But the action complained of by the dissentients relates to a very dif- ferent class of cases. The individuals in question have absented them- selves from the church with which they are connected, and after diligent inquiry cannot be found. They are, therefore, beyond the reach of cita- tion. They cannot possibly be brought to trial. Shall the Cliurch, in such cases, be responsible for them ? As they have placed themselves bevond the oversight of the Church, it is but reasonable that the Church should be })ermitted to secure itself against any reproach which might come upon it from the conduct of such absentees. In accordance with these principles, the Constitution of our Church makes provision (Book of Discipline, chap, xi.) for the case of absent church members. It relieves the Church from the responsibility of sus- taining a certificate of good standing when it has run on for more than LIMITATION OF TIME. 627 one year. It implies that a church member may not absent himself a longer time from the ordinances, without a forfeiture of his good stand- ing. In those cases, therefore, where individuals have absented them- selves for years together, and after the most diligent inquiry cannot be found, it is but right that the session of the church to which they are amenable should make entry of the fact on their records, and declare such persons to have forfeited their good standing, until they return and account for their absence. Such was the judgment of the Assembly of 1825, with which this Assembly perfectly accords. — 1853, p. 327, N. S. 2. Such Members to be Entered on a Reserved Roll and not Re- ported in the Statistics. Overture No. 9, from the Presbytery of Cedar, asking the General As- sembly to authorize our church sessions to keep a reserved roll, upon which shall be entered the names of church members who have removed beyond their bounds without letters, and whose residence is unknown, and who shall not be reported in our statistical reports. The Committee recommend that this i-equest be granted. The report was adopted ; and it was accordingly ordered, that sessions be so authorized. — 1856, p. 521, O. S. 3. After Two Years of such Absence he is not to be Reported. — Returning, he is to be Called to Account. Also a report on Overture No. 20, which asks directions how church sessions ought to proceed with regard to members who have been absent several years without taking a dismission. They recommend that the overture be answered by saying : 1. That members of the CTiurch do not cease to be such except by death, dismission, excommunication, or by connecting themselves with some other Christian Church. And hence that a member does not lose his membership by absence. See Minutes of the General Assembly for 1825, p. 255; Digest, p. 34. 2. That when a member is absent two years and his place of residence and Christian life are unknown to the session, they shall mark him on the roll of the church as absent ; after which time such member shall not be counted in the statistical report of the church to the Presbytery, nor in any action of the church or congregation which requires the concurrence of a majority of the church in order to give it validity. And on the return of such member the session shall call him before them and inquire concerning his deportment during his absence, and sKall restore his name to the roll of actual members, or px'oceed to administer discipline accord- ing as the case may require. The report was adopted. — 1865, p. 590, O. S. IV. If a church member have been more than two years absent from the place of his ordinary residence and ecclesiastical connexions, if he apply for a certificate of membership, his absence, and the igno- rance of the church respecting his demeanor for that time, shall be distinctly stated in the certificate. See complaint of Rev. N. "West against the Synod of New York, under Discipline, chap, i., sec. iii., 12, «. — 186-4, p. 328, O. S. 628 OF DISCIPLINE. 1. Names of those Absent more than Two Years not to be Re- tiirned. in Statistical Reports.— Absent Members Urged to Write ■where they Reside. Overture ISTo, 34, from the Px-esbytery of Newark, requesting the As- sembly to proj)ose an amendment to the Book of Discipline, chap, xi., sec. iv., providing for the cases of members who have been more than two years absent from their ecclesiastical connection ; also, No. 35, from the Presbytery of Cedar Kapids ; No, 36, from the Presbytery of Lackawanna ; and No. 37, from the Presbytery of Maumee ; all on the same general subject. The Committee recommend the following : That, while the Constitution of the Church provides for no demission of her members, or the striking off of names from her roll, save as the result of death or of excommu- nication, it may nevertheless be well for each church to record, on a sepa- rate list, the names of those who have been absent for more than two years from their church relations, and whose residence is unknown ; and names thus recorded may be omitted in the statistical returns of the church. It is further the sense of this Assembly, that great pains be taken by the sessions of the churches to ascertain the places of residence of absent members, and encourage them to enter into church relations, if opportu- nity occurs, whex'e they reside. Adopted. — 1872, p. 89. V. Process, in case of scandal, shall commence within the space of one year after the crime shall have been committed ; unless it shall have recently become flagrant. It may happen, however, that a church member, after removing to a place far distant from his former residence, and where his connexion with the church is unknown, may (iommit a crime, on account of which process cannot be instituted within the time above specified. In all such cases, the recent discov- ery of the church membership of the individual, shall be considered as equivalent to the crime itself having recently become flagrant. The same principle also applies to ministers if similar circumstances should occur. 1. Limitation not to be Plead against the Order of a Superior Court. [In a case carried by complaint to the Synod of Mississippi, the Synod referred the whole matter back to the Presbytery. The Presbytery en- tered upon the case ; but, finding that two years had elapsed since the act was committed, declined to proceed further, on the ground of the limita- tion above.] The Assembly declared : That the Presbytery of Louisiana erred in pleading the limitation of time for their noncompliance vvith the resolution of Synod, referring this whole case to them for a full investigation, — 1850, p. 481, O. S. LIMITATION OF TIME. 629 2. The Plea is Good -where the Oflfence -was Known to Members of the Judicatory more than a Year before Process -was Begun. Overture No, 19 was then taken up from the docket, which is as fol- lows : When a church session has tabled charges against a church member for falsehood, and summoned the accused with the witnesses, is it competent for the session to dismiss the charges on the plea of the accused that a prosecution is barred by the limitation of time in chap, xi., sec. xv., of the Discipline (" Process in case of scandal, etc."), the alleged crime hav- ing been committed and " become flagrant," and known to members of session more than twelve months before process was instituted? The Committee recommended that this inquiry be answered in the aflBrm- ative. Adopted.— 1857, p. 42, 0. S. BOOK III. THE DIRECTORY FOR WORSHIP. CHAPTER I. OF THE SANCTIFICATION OF THE LORD'S DAY. 1. It is the duty of every person to remember the Lord's day; and to prepare for it, before its approach. All worldly business should be so ordered, and seasonably laid aside, as that we may not be hindered thereby from sanctifying the Sabbath, as the Holy Scriptures require. 1. The Assembly Petition Congress against Carrying and Distrib- uting the Mails upon the Sabbath. a. The petition of the General Assembly of the Presbyterian Church in the United States of America, to the honorable the Senate and House of Representatives of the United States, in Congress assembled : Humbly Sheweth — That your petitioners view with deep regret the in- fractions of the Lord's day, occasioned by the opening of the mail on that day, and the circumstances accompanying such opening. A variety of considerations, temporal and spiritual, combine, in the judgment of your petitioners, to produce this regret. The institution of the Sabbath by tlie Creator and Ruler of the world, whilst it clearly proves his benevolent regard for men, imposes upon them the reasonable obligation of devoting this day to his service. He makes it their dutv to rest from the toils and labors of six days, and requires from them that they should statedly assemble together for his worship on the seventh. Both these objects contemplated by the institution of the Sabbath, the opening of the mail on that day and the circumstances accompanyino- it, do contravene and oppose. They who carry the mail and they who open it, together with those to whom letters or papers are delivered, under the sanction of civil law, neglect the public worship of God in part or whole. Besides this, the noise and confusion attending the carrying and ojieniu"- of the mail in post towns, too frequently in a most painful manner disturb the devotion of those who prefer their spiritual to their temporal interests. Moreover, the carrying of the mail encourages persons to hire out their carriages on the Lord's day to those who have no fear of God before their eyes, thus adding to the open violation of the day; and to say no more, the brute creatures are made to work on this day over and above the six days, and thus are deprived of the rest to which they are entitled by the autliority of God, whilst they are forced to administer to the cupidity of those who forget the truth, that " the righteous man is merciful to his beast." 631 632 THE DIEECTORY FOR WORSHIP. Your petitioners are the more deeply impressed with the importance of observing the Sabbath, on account of the influence which such observance has in promoting true morality and social happiness. On this day all classes of men assemble together in the presence of God on terms of perfect equality, for in his presence the ruler is not more im- portant than the ruled, since both meet as sinners needing the exercise of sovereign and free mercy. On this day they are taught from the Scriptures, the only source of truth, their duty, their interest and their happiness. On this day they unite according to the direction of God, in prayer for all men — for magistrates as well as subjects — for the nation as well as in- dividuals— for every description of persons. ^ On this day they manifest the gratitude which they owe to God for ben- efits received, thanking him for his mercies, and supplicating his grace. The effects arising from the duties in which they engage, the instruc- tion which they receive, and their assembling together before God, are all calculated to produce such a state of heart and such a line of conduct, as directly promote individual and social happiness. Your petitioners are aware of the plea which is used to justify the in- fractions of the Sabbath, of which we complain. Works of necessity, such as arise out of extraordinary circumstances, or such as are unavoidable for the support and comfort of life, together with works of charity, are ad- mitted to be lawful, for God delighteth in mercy rather than sacrifice. But your petitioners cannot conceive that the ordinary occupations of life, in ordinary times, or the exercise of charity, require such infractions of the Sabbath as are occasioned by the carrying or opening of the mail on that day. For the cases of sickness, to take one of the strongest and most plausible facts included in the plea of necessity, which are communicated by the mail, are too few, and happen at intervals too long, to justify the habitual breach of the Sabbath. As to the ordinary business of life, any prospect of gain, or fear of loss, cannot be admitted as legitimate causes for disobeying the command of God to keep the Sabbath holy. No one ever yet has suffered, or will suffer, in obeying God, rather than his cupid- ity, his ambition, or his lusts. Your petitioners, moreover, feel themselves constrained in their office as rulers in the Church, to exercise the discij^line of that Church against those of their members who break the Sabbath in the carrying or opening of the mail on that day. In doing this they are not conscious of any dis- respect to the civil authority of the land. They wish to render unto Caesar the things which are Caesar's, but must, at every hazard, render unto God the things which are God's. In thus honoring God more than men, they trust their motives will be respected, and their conduct ap- proved. Your petitioners are the more deeply impressed with the importance of a strict observance of the Sabbath, and the necessity of an alteration in the existing regulations of the i)ost-ofHce, as far as they relate to the Sab- bath, from the prospect of a war. As they firmly believe in the special l)rovi<.lence of God, and that this providence is exercised according to those principles of truth and equity revealed in the Scriptures, they fear, and have just reason to fear, that the infractions of tlie Sabbatii allowed by civil law, will draw down upon our nation the divine displeasure. God honors those who honor him, and casts down those who forget him. Obe- dience to his will adds dignity to rulers, and enforces subjection in thosa who are ruled. From all these considerations which have been given in detail, your OF THE SANCTIFICATION OF THE LORD's DAY. 633 petitioners pray for such an alteration in the law relative to the mails, as will prevent the profanation of the Sabbath, which now takes place in conveying and opening the mail. And your petitioners, as in duty bound, Avill ever pray, etc. Ordered, That this petition be signed by the moderator, and attested by the clerk, and be committed to the moderator to forward to Congress, — 1812, p. 513. b. Dr. Flinn, to whom was committed the petition of the last Assembly to the Congress of the United States, on the subject of carrying and open- ing the mail on the Sabbath, reported that he put the petition into the hands of Mr. Cheves, a member of the House of Representatives, who afterward informed him that the prayer of the petition was not granted. 1813, p. 519. c. In 1814 a petition on the same subject w^as prepared, and the Pres- byteries directed to take order for circulating the same, and forwarding it to Congress. — 1814, p. 566. For like action see 1815, pp. 597, 601. II. The whole day is to be kept holy to the Lord; and to be employed in the public and private exercises of religion. Therefore, it is requisite, that there be a holy resting, all the day, from unneces- sary labors; and an abstaining from those recreations which may be lawful on other days ; and also, as much as possible, from worldly thoughts and conversation. Deliverance on the Profanation of the Sabbath. a. The Committee to whom was referred the overture respecting the profanation of the Lord's day, presented the following resolutions, which were adopted, viz. : 1st. Remlved, That this Assembly regard with pain and deep regret the profanation of the Lord's day, which exists in our country in various forms, and which is calculated in an alarming degree to create a neglect (if public worship, a contempt of the authority of Almighty God, a cor- iLiption of morals, and eventually to bring down the judgment of God on our land. 2d. Resolved, That the Assembly repeat the warnings which have here- tofore been frequently given on this subject, and do solemnly and earn- estly exhort the churches and individuals in their connection to avoid a participation in the guilt of profaning this holy day. 3d. Remlved, That it be earnestly recommended to the ministers of the Presbyterian churches who have pastoral charges, frequently and solemnly to address their people on the subject of the sanctification of the Lord's day, and to urge its vital importance to our moral, social and civil, as well as religious welfare. 4th. Remlved, That it be solemnly enjoined on all the Presbyteries and church sessions in our connection to exercise discipline on their respective members whenever guilty of violating the sanctity of the Sabbath ; and that an inquiry should be annually instituted in each Presbytery relative to this subject; and that each pastor should at the earliest opportunity practicable present this subject in all its solemn imi)ortance to the session of the church under his pastoral charge, and invite the co-operation of its members in all proper and prudent measures for the suppression of Sab- bath-breaking:— and further, that it be recommended to all our ministers and church members when traveling, to give preference to such livery es- 80 334 THE DIRECTORY FOR WORSHIP. tablishments, steamboats, caual boats and other public vehicles, as do not violate the law of God aud of the land in relation to the Sabbath. — 1826, p. 182. b. Discipline to be Enforced for Violation of the Sabbath. Resolved, That this Assembly renewedly enjoin upon their Presbyteries and churches the duty of enforcing the discipline of the Church in every case of a violation of the Sabbath. — 1828, p. 242. c. The desecration of the Sabbath is certainly increasing with fearful rapidity in almost every part of our beloved country. A solemn aud alarming crisis has already come. Unless the slumbering energies of the Church are speedily aroused to arrest the progress of this growing evil, the entire obliteration of the Sabbath will at no distant period be the result. It is necessary only to look into our large cities and villages on the Sab- bath, or to glance the eye along our navigable rivers and over our beauti- ful lakes, or to trace the extended lines of our canals and railroads, or listen to the perpetual rumbling of loaded vehicles on all our traveled routes, in order to be convinced that Sabbath-breaking has already be- come a sin of giant growth in our land. It is, indeed, a wide-spread, deep-seated, unblushing evil. It enters boldly into almost every com- mercial interest in the country, and embraces, directly or indirectly, in its broad sweep of mischief, a vast multitude of individuals; and what is still worse, an alarming projDortion of these offenders belong to the Church of the living God. Here is the root of the evil. The Church has become a deliberate partaker in this great sin. In this way has her warning voice been wellnigh silenced, her redeeming power over the community paralyzed, and the salutary restraints of a consistent example effectually vacated. Keformation, then, must begin at the house of God. If the Church alone can save the Sabbath from being abolished, she must first reform her own conduct. In entering upon the work, it must not be for- gotten that in its failure or success are involved the best interests of the Church, of our country and the world. The rest of the Sabbath is the only wise and adequate provision for the wants of the animal system. The influence of the Sabbath can alone be relied on to sustain our free institu- tions, to extend the empire of law, to preserve domestic order and happi- ness, and to continue the bare existence of morality and religion in the world. The abandonment of the Sabbath is, therefore, nothing less than resigning all that is sacred and dear to a Christian people for time and for eternity. It is certain that whatever is done to rebuke and arrest the profanation of the Sabbath, must be done immediately. The work of reform cannot be delayed without hazarding the irretrievable loss of all the blessings which flow from the observance of that day. The task has already become formidable and difficult. It is not, however, altogether hopeless. The Sabbath may yet be restored, and its blessings perpetuated. The Church and the ministry can, under God, do all that the exigency de- mands. Let this Assembly do their whole duty ; let them lift up a voice of strength ; let them send out a loud note of alarm ; let them determine, in the strength of the Lord, to carry out, in their practical relation to the Sabbath, the true principles of Christian discipline, and the whole Church may be cleansed, the Sabbath reinstated, and this great and guilty nation saved. Till this is done, the power of every other Christian enterprise •will be circumscribed and fluctuating. Nothing that is pure and holy can flourish without the Sabbath. The Sabbath reform is the fundamen- tal enterprise. It is utterly vain to think of substituting any other con- or THE SANCTIFICATION OF THE LORD's DAY. 635 servative power. The question of rescuing the Sabbath from general profanation is, absolutely, a question of life and death to every Christian denomination in the world. Such is the momentous nature of the subject under consideration. Your Committee rejoice that in this work all hearts may unite and every minor difference be forgotten. Here is common ground. The Sabbath of the Lord is the inheritance of all true Chris- tians, and there is work enough for all. The Church must revive her wholesome discipline. The ministry must cry aloud and spare not. The press must be enlisted — the whole community aroused. The entire instru- mentality which God has prepared for preserving his own institutions must be called forth, and kept in untiring requisition. For the purpose of enabling the General Assembly more effectually to speak their senti- ments to the churches and the nation, your Committee recommend the adoption of the following resolutions : 1. Resolved, That the observance of the Sabbath is indispensable to the preservation of civil and religious liberty, and furnishes tlie only security for eminent and abiding prosperity, either to the Church or the world. 2. Resolved, That the growing desecration of the Sabbath in our country must be speedily arrested, and the habits of the community essentially reformed, or the blessings of the Sabbath, civil, social and religious, will soon be irrecoverably lost. 3. Resolved, That inasmuch as the work of a general reformation be- longs, under God, to the Christian Church, it is the duty of the Church to apply the corrections of a firm and efficient discipline to all known viola- tions of the Sabbath on the part of her members. 4. Resolved, That inasmuch as ministers of the gospel must act a con- spicuous part in every successful effort to do away the sin of Sabbath- breaking, it is their dutj' to observe, both in their preaching and their practice, the rule of entire abstinence from all profanation of the Lord's day, studiously avoiding even the appearance of evil. 5. Resolved, That in the judgment of this General Assembly, the own- ers of stock in steamboats, canals, railroads, etc., which are in the habit of violating the Sabbath, are lending their property and their influence to one of the most widespread, alarming and deplorable systems of Sabbath des- ecration which now grieves the hearts of the pious, and disgraces the Church of God. That it be respectfully recommended to the friends of the Lord's day, as soon as possible, to establish such means of public conveyance as shall relieve the friends of the Sabbath from the necessity under which they now labor, of traveling at any time in vehicles which habitually violate that holy day, and thus prevent them from being in any way partakers in other men's sins in this respect. 6. Resolved, That the power of the pulpit and the press must be imme- diately put in requisition on behalf of a dishonored Sabbath, that the mag- nitude and remedy of the evils which its violation involves may be fully understood by the whole community. 7. Resolved, That this Assembly solemnly enjoin it upon the churches under their care to adopt, without delay, all proper measures for accom- plishing a general and permanent reformation from the sin of Sabbath- breaking and all its attendant evils. 8. Resolved, That a Committee of one from each Synod under the care of this Assembly be now appointed to hold correspondence with ministers and churches, for the purpose of carrying out and applying the leading principles of the foregoing report and resolutions. 9. Resolved, That the foregoing report and resolutions be published in 636 THE DIRECTORY FOR WORSHIP. such newspapers, secular and religious, as are friendly to the observance of the Sabbath. 10. Resolved, That all the ministers in the bounds of the General As- sembly be requested to read the document on the Sabbath from their sev- eral pulpits, and preach on the whole subject which it embraces on or be- fore the third Sabbath of September next. — 1836, p. 281. 2. For the better Observance of the Sabbath. The Committee to whom was referred Overture No. 5, to wit, A memo- rial from the Presbytery of Cleveland on the subject of Sabbath mails, having been instructed to report on the general subject of Sabbath dese- cration, submit the following : In the deliberate judgment of your Committee, it is an unquestionable fact that, in despite of all which has been said and done to check it, the profanation of the Lord's day is, on the whole, increasing. There are, in- deed, some local and cheering exceptions to this remark, which we are happy to acknowledge. As a national sin, however, it steadily gathers strength, and puts on a more unblushing face every year. We hear much of the moral machinery \yhich has been set in motion for the salva- tion of our country and of the world — of the blessed light of the nine- teenth century, and the glory of our free institutions. Too often do we seem to forget that the very institution which is the chief support of lib- erty, learning and religion, is itself standing in fearful jeopardy. All those whose lot is cast in any of the great centres of business, or on any of the principal avenues of intercommunication, know that what your Committee assert is true. Their own eyes have seen it, their own ears have heard it, and their hearts have bled over it a thousand times. It is, in fact, universally conceded, that the desecration of the Sabbath has be- come a giant evil, calling loudly for the most efficient measures of reform. Your Committee desire not unnecessarily to publish the faults of the Christian Church. But they are compelled to confess, that in many parts of the country the frequent violations of the Sabbath by ministers of the gospel, and by other professors of religion, is a serious obstacle in the way of all attempts at radical and permanent reformation. Till the ministry and the Church have purified themselves, all else will be, as it has been, "beating the air." Traveling on the Sabbath, a practice to which the convocation of the highest judicatory of our Church lends its guilty sanction ; voluntaiy participation in enterprises and improvements which are prosecuted at the expense of the Sabbath ; the legalized pro- fanation of this holy day by the transmission of the mail on all the prin- cipal routes ; and the frequent neglect of Church discipline, are among the many causes of the rajnd spread of this enormous evil. The bare enumeration of these causes suggests the proper remedy. Resolutions, addresses, conventions, and all the stirring appeals which the subject has called forth, are, by themselves, utterly ineffectual. The leviathan with which we are now contending is not to be so tamed. A more potent cor- rective must be applied, or we shall become more and more a nation of Sabbath-breakers. The Church undoubtedly possesses the power to cleanse her own garments, and till she has done this, she has no strength to put on for the reformation of others. Having done this, the next step will be to lift up a united voice against all that immoral legislation be- hind which the sin of Sabbath-breaking now stands entrenched. What has been found true in the " Temperance Reform," will be found true in the " Sabbath Reform." The sanction of law must be removed from OF THE SANCTIFICATION OF THE LOED's DAY. 637 every evil which you would frown upon and exterminate. To do this, the public mind must be waked up, and held awake till the combined en- ergy of patriotism and piety is enlisted and pledged for the protection of the Sabbath against every tangible form of profanation and abuse. Your Committee accordingly recommend for your adoption the following res- olutions, viz. : Resolved, That this Assembly regard the prosecution of a journey on any part of the Sabbath, whether by ministers, elders or church mem- bers, for the sake of convenience or of avoiding expense, as deserving of special notice and unqualified disapprobation. Resolved, That this Assembly aft'ectionately urge upon all the judi- catories of the Church to take suitable measures for enforcing the wise discipline of the Church against all violations of the Sabbath within their own cognizance and jurisdiction. Resolved, T\\?ii it is the duty of the Christian ministry to unite in more concentrated and persevering efibrt to assert the claims of the Christian Sabbath upon the habitual regard of the whole community. Resolved, That the Assembly will give its most cordial approbation to any and every wise plan for uniting the sympathies and strength of all evangelical denominations in defence of the Christian Sabbath. Resolved, That a Committee of nine be appointed to correspond w'ith other evangelical denominations on the subject of measures for promoting a better observance of the Lord's day. Resolved, That the clerks of this Assembly be requested to cause these resolutions to be officially published and circulated as widely as possible, through the religious press, and- that all ministers within our bounds be requested to present them before their respective congregations. — 1838, pp. 058, 659, N. S. [See also Minutes, 1840, p. 14 ; 1843, p. 13 ; 1846, p. 15, K S. ; 1859, p. 534 ; 1861, p. 316, O. S., for substantially the same action. 3. Church Sessions enjoined to greater Fidehty. The Committee on Bills and Overtures made a report on the subject of the Sabbath, which was adopted, and is as follows : The Assembly are at a loss what to say more than what they have repeat- edly said, by way of urging on all our churches and congregations, and the community generally, a better observance of the holy Sabbath. Of its divine original and authority we have no doubt. Nor can we doubt its indisputable necessity in keeping up the institutions of religion, and pro- moting the cause of salvation and pure morality. What could we do without the Sabbath ? And where, in half a century, will be our glorious civil and religious liberty, if the terrible process of Sabbath desecration be permitted to go on as it has done for the past ten years? Let the his- tory of other nations answer. Let the fearful declarations of God's word admonish us to anticipate the result. " For the nation and kingdom that will not serve thee shall perish." While, therefore, we earnestly entreat our fellow-citizens of every class " to remember the Sabbath day to keep it holy," the Assembly do hereby, in a special manner, enjoin it upon the church sessions to w'atch over their brethren with tenderness and great fidelity in respect to the observance of the Sabbath ; and to exercise wholesome discipline on those who, by traveling or other ways, presume to trample upon this sacred institution. And we further enjoin it upon the Presbyteries annually to institute in- quiries of the eldership as to the manner in which this injunction has been attended to in their respective churches. — 1853, p. 323, N. S. 638 THE DIRECTORY FOR WORSHIP. 4. Resolutions on the Sanctification of the Sabbath. Resolved, 1. That, inasmuch as "the Sabbath was made for man," by the omniscient God, and is indispensable to our highest social, civil and religious welfare, this General Assembly regards it as not only the duty, but the right and privilege of all men to " remember the Sabbath day to keep it holy." 2. That, as the law of the Sabbath is divinely given, without limitation of time, and unrepealed, its claims for our obedience are supreme and perpetual. 3. That, in order to give full power to the gospel in the salvation of souls, professors of religion, and ministers of the gospel especially, should carefully sanctify the Lord's day, and give no countenance, directly or indirectly, to its desecration. 4. That the physical and mental, as well as moral interests of man demand the day of holy rest; and that the entire community should manifest a grateful appreciation of this gift of heaven, by an unperverted sacred observance of the Christian Sabbath. 5. That, at this time of public strife, of fearful anxiety and suffering, while we are heartily loyal to our Government, we should most sincerely deprecate and deplore any unnecessary labor, review or battle on the Lord's day ; lest, by disloyalty to God, we dishonor him, incur his fierce indignation, and, as a sad result, meet with signal defeat to our arms, and terrible calamities to our nation^ from Him who is the God of battles and of nations, and who honors them that honor him. 6. That it be earnestly requested of all the pastors of our churches, fully to instruct their people as to the duty and importance of carefully sanctifying the entire Sabbath, individually, in the family, and in the community ; in order that its healthful instructions, and its holy, saving influence, may everywhere permeate the State, the nation and the world. 7. That each jDastor and stated supply of our churches be requested, at some time during the present year, to preach especially upon the Sanctifi- cation of the Christian Sabbath. — 1863, pp. 245, 246, N. S. These Deliverances Reaffirmed. — Opening of Sabbath Art Galleries Dis- approved of. In answer to overture, the Committee recommend that in view of former frequent and full deliverances of the Assembly on the observance of the Sabbath, there is no necessity for further action at the present time, except to reaffirm these deliverances, and to adopt the following: Resolved, That this General Assembly express their disapproval of the opening on the Sabbath of art galleries, places of recreation and amuse- ment, and all such libraries and reading rooms as by offering secular read- ing invite men to violate the command of God, that men " Remember the Sabbath day to keep it holy." Adopted.— 1872, p. 71. [See also Form of Government, chap, xii., sec. v. ; Pastoral Letters 8 and 16.] This Assembly noAv reaffirms the deliverances of previous Assemblies, regarding the sacredncss of the Sabbath. — 1873, p. 564. 5. Traveling on the Sabbath Condemned. Resolved, That this Assembly view with unfeigned sorrow and regret the practice of traveling,, by professors of religion and others, on the Sabbath day, and that it considers all such traveling, which is not strictly OF THE SA^CTIFICATIOX OF THE LOED's DAY. 639 included in works of necessity and mercy, as a direct violation of the law of God.— 1850, p. 482, O. S. 6. Decoration of Soldiers' Graves upon the Sabbath Disapproved. a. Resolved, That while this Assembly sympathize most heartily with the noble and touching tribute to be paid to the memory of our buried sol- diers whose lives were sacrificed in the cause of the Union, as, under the auspices of the Grand Army of the Republic, their graves are to be deco- rated with floral offerings, yet we enter our most earnest protest against the proposed unnecessary desecration of the Sabbath for this purpose ; and urgently request the proper authorities to appoint the next Saturday as the time for this interesting ceremony. A Committee, consisting of the Rev. Zephaniah Humphrey, D. D., the Rev. Benjamin W. Chidlaw, and Mr. Frederick Starr, was appointed to report this action of the Assembly to the officers of the Grand Army, and to make such further publication as may seem to be called for.— 1869, p. 259, N. S. h. The Committee on communicating with "the Grand Army of the Republic," reported a paper which was adopted, and is as follows : The General Assembly of the Presbyterian Church takes great pleas- ure in acknowledging the invitation of the Kings County Department of the Grand Army of the Republic to attend an(l take part in the cere- mony of decorating the graves of our dead soldiers on Monday next. It gives us great pleasure to observe that this ceremony is not to take place on the Sabbath ; and we recommend that as many of the members of the Assembly, as can be spared from their other duties, shall engage in offering this beautiful and appropriate tribute of patriotic memory and love.— 1869, p. 282, N. S. c. Resolved, That a Committee be appointed to confer with the proper authorities connected with the Grand Army of the Rej)ublic, and urgently to request that the day be changed from Sabbath (8()th) to .Saturday, 29th. Ministers W. C. Anderson, D. D., A. L. Blackford, and Smith F. Grier, with Riding Elders Van Cleve and Morris Patterson, were appointed as said Committee.— 1869, p. 900, O. S. The report of the Committee was adopted, viz. : The Committee appointed to confer with the authorities with reference to a change in the day designated for decorating the graves of our fallen soldiers, re])orts that it waited on the Committee having this matter in charge in this city, and laid before it the action of this Assembly, but was informed by the secretary that arrangements had been already completed for performing the ceremony on the Sabbath, and that no change could be made. Yet your Committee rejoices that a change has been made in several of the surrounding cities, and that a general order has been sent forth requiring a change in all the principal cities of our country ; also, that the President of the United States has ordered such a change in the District of Columbia.— 1869, p. 920, O. S. III. Let the provisions, for the support of the family on that day, be so ordered, that servants, or others, be not improperly detained from the public worship of God ; nor hindered from sanctifying the Sabbath. IV. Let every person, and family, in the morning, by secret and private prayer, for themselves and others, especially for the assist- 640 THE DIRECTORY FOR WORSHIP. auce of God to their minister, and for a blessing upon his ministry, by reading the Scriptures, and by holy meditation, prepare for com- munion with God in his public ordinances. V. Let the peoj)le be careful to assemble at the appointed time; that, being all present at the beginning, they may unite, with one heart, in all the parts of public worship; and let none unnecessarily depart, till after the blessing be pronounced. VI. Let the time, after the solemn services of the congregation in public are over, be spent in reading ; meditation ; repeating of ser- mons; catechising; religious conversation ; prayer for a blessing upon the public ordinances ; the singing of psalms, hymns, or spiritual songs ; visiting the sick ; relieving the poor, and in performing such like duties of piety, charity, and mercy. 1. Instruction in the Holy Scriptures. Resolved, 1. That it be recommended, and it is hereby recommended, earnestly to the ministers and sessions which are in connection with the General Assembly, to pay especial attention to this subject, and provide without delay for the stated instruction of the children and youth in the sacred Scriptures within their respective congregations. Resolved, 2. That although the particular manner of instruction and recitation in the congi-egations ought to be left to the discretion of their ministers and sessions respectively; yet as some degree of uniformity is desirable in a business of so much magnitude, it is recommended as the most effectual means of promoting the knowledge of the Holy Scriptures, that in all our churches, classes be formed of the youth to recite the Scriptures in regular order; that the recitations, if convenient, be as often as once a week, and from two to five chapters appointed for each recita- tion ; that the youth be examined on, 1. The history of the world, but more especially of the Church of God, and of the heathen nations who were God's agents in accomplishing his purposes toward his Church. 2. Persons noted for their piety or ungodliness, and the effects of their example in promoting or injuring the best interests of mankind. 3. Doctrines and precepts, or " what man is to believe concerning God, and what duty God requires of man." 4. Positive ordinances, or the directions which God has given as to the way in which he is to be worshiped acceptably. 5. The particular features of character of which the Spirit of God has given notice, both in wicked and good persons ; in the last particularly regarding those who were types of Christ, and in what the typical resem- blance consisted. 6. The gradual increase from time to time of information concerning the doctrines contained in the Scriptures; noting the admirable adapta- tion of every new revelation of doctrine to the increased maturity of the Church. The nature of God's law, its immutal)ility, as constituting an everlasting rule of right and wrong, the full and perfect illustration of its precepts given by Christ. 7. The change which God has made from time to time in the positive ordinances, together with the reasons of that change. The diftereuce between the moral law, and those laws which are positive. OF THE SAXCTIFICATION OF THE LORd's DAY. 641 8. The illustrations of the divine perfections in the history, biography, doctrines and precepts, together \vith the positive ordinances of the Scrip- tures. 9. The practical lessons to regulate our conduct in the various relations of life. On all these particulars the meaning of the words used in Scripture must be ascertained, and thus we may understand what we read. _ Resolved, 3. That the Presbyteries under the cure of the Assembly be directed to take order on this subject, and they are hereby informed that this is not to come in the place of learning the Catechism of our Church, but to be added to it, as an important branch of religious education — 1816, p. 627. 2. On Sabbath Schools and Instruction of the Young-. «. In all parts of the Church, Sunday-schools are established, and there is but one sentiment respecting them. The Assembly consider them as among the most useful and blessed institutions of the present day. They have a most extensive reforming influence. They apply a powerful cor- rective to the most inaccessible portions of the community. They bcfin moral education at the right time, in the best manner, and under the most promising circumstances. They act indirectly, but most powerfully, ujwn teachers and parents, and frequently become the means of bringing them to the church, and to the knowledge and love of the truth. Sunday- schools are highly useful evenjwhere; but they are peculiarly adapted to new and destitute regions of the Church. The plan is simple, and easily accomplished. It requires comparatively little knowledge and experience to conduct them with ability. Very much good has been accomplished by the instrumentality of young ladies and gentlemen. The j)leasing scene is often witnessed in some of our new settlements, of large meetings of children on the Lord's day, in schoolhouses, or beneath the shade of the original forest. The voice of praise and prayer is heard, and the wonl of the living God is proclaimed, amid the most beautiful works of his hand. —1824, p. 129. b. liesolved, That the General Assembly do cordially a])prove of the design and operations of the American Sunday-School Union ; and they do earnestly recommend to all ministers and churches under their care ta employ their vigorous and continued exertions in the establishment and support of Sabbath-schools. — 1826, p. 181. c. Resolved, 1. That the Assembly regard the religious education of youth as a subject of vital importance, identified with the most precious interests and hopes of the Christian Church. 2. That the present indications of divine Providence are such as im- periously to demand of the Christian community unusual effort to train, up the rising generation in the nurture and admonition of the Lord. 3. That the Board of Missions be and hereby are instructed to enjoin it on their missionaries sedulously to attend to the religious education of the young; and particularly that they use all practical efforts to establish Sahbaili-xchools; and to extend and perpetuate the blessings of Sabbath- school instruction. 4. That the system of Sabbath-school instruction, now in prevalent and cheering operation, be and hereby is most earnestly recommended to the attention of the pastors and sessions of all our churches. 5. That the Presbyteries be and hereby are enjoined to make the pro- gress of the Sabbath-school cause within their bounds the subject of special 81 642 THE DIRECTORY FOR WORSHIP. inquiry, and aunually to transmit the results of such inquiry to the Gen- eral Assembly, 6. That inasmuch as the advantages of the Sabbath-school may, in some cases, be the occasion of remissness in the important duty of family instruction, it be and hereby is earnestly recommended to heads of fami- lies not to relax in their personal religious efforts at home, and in the do- mestic circle ; but that they abound more and more in the use of all ap- propriate means, to promote sound knowledge and experimental piety, in every member of their households. 7. That as there is reason to apprehend that the Catechisms of this Church have not, in some parts of our Zion, received that measure of at- tention to which their excellence entitles them, it be and hereby is recom- mended to pastors, sessions, heads of families, superintendents of Sabbath- schools, and all charged with the education of youth, in our connection, to give these admirable summaries of Christian truth and duty a prominent place in their instructions to the youth and children under their care. 8. That it be and hereby is recommended to the pastors and sessions of our churches to make themselves acquainted with the system of infant school instruction, now in happy progress in many places, and if practica- ble to establish such schools in their congregations. — 1830, p. 303, 304. 3. Catechetical Instx'uction Enjoined. a. Resolved, That as there is reason to apprehend that the catechisms of this Church have not in some parts of our Zion received tluit measure of attention to which their excellence entitles them, it be, and hereby is recommended to pastors, sessions, heads of families, superintendents of Sabbath-schools, and all charged with the education of youth, in our con- nection, to give these admirable seminaries of Christian truth and duty a prominent place in their instructions to the youth and children under their care.— 1830, p. 304. h. Resolved, That the use of the catechism in the religious instruction of the young, and of the children under the care of the Church, be affection- ately and earnestly recommended to the sessions in connection with the General Assembly, as the most effectual means under God of preserving the purity, peace, and unity of the Church. — 1832, p. 372. c. The following resolutions on the subject of catechetical instruction were unanimously adopted, viz. : Resolved, 1. That this General Assembly consider the practice of cate- chetical instruction as well adapted to the prosperity and purity of our Zion. Resolved, 2. That this Assembly view also with deep regret the neglect, on the part of many of our churches, of this good old practice of our fathers; a practice which has been attended with such blessed results to the cause of pure and undefiled religion. Resolved, 3. That the institution of Sabbath-schools does not exonerate ministers and parents from the duty of teaching the Shorter Catechism to the children of the Church. Resolved, 4. That this Assembly earnestly and affectionately recommend to all ministers and ruling elders in its connection to teach diligently the young of their respective congregations the Assembly's Shorter Cate- chism.—1840, p. 181, N. S. d. Resolved. That the Assembly regard Christian training at all periods of youth and by all practicable methods, especially by parents at home, by teachers in institutions of learning, and by pastors through catecheti- cal and Bible-classes, as binding upon the Church according to the injunc- OF THE SANCTIFICATION OF THE LORD's DAY. 643 tion, " Train up a child in the way he should go," and as having a vital connection with the increase of numbers and efficiency of the ministry and of the stability and purity of the Church. — 1854, p. 30, O. S. e. Resolved, That this Assembly recommend that the Westminster As- sembly's Catechism be introduced as a text-book into all the Sabbath- schools under our supervision and control, where it is not now used. — 1866, p. 278, N. S. 4. Relation of Sabbath-schools to the Family. We are pleased to find that our Sabbath-school system appears to be gaining upon the confidence of the churches, but we caution heads of families against the idea that their duties may be delegated to the Sab- bath-school teacher. The obligations of parents are intransferable. The teacher is not the parent's substitute, but his helper ; and it is equally the duty of the parent to superintend the instruction of his family, as though there were no such thing as a Sabbath-school. — 1840, p. 310, O. S. [See also 1846, p. 221, O. S., and 1854, p. 183, O. S.] 5. Relation of the Sabbath-school to the Session. a. These schools should always be under the direction of the pastor and session, and they should see to it that our catechisms constitute, in all cases, a part of the regular course of instruction. — 1840, p. 310, O. S. b. The Sabbath-school— like all the religious institutions and agencies of each individual church — is and ought to be under the watch and care of the session, and should be regarded not as superseding but as co-ope- rating with the entire system of pastoral instruction, the responsibilities of which it should not in an}' manner diminish. — 1863, p. 241, N. S. c. The Assembly resumed the unfinished business, being the consider- ation of the report of the Committee on Sunday-schools, which was amended, adopted, and is as follows : The Committee to whom were entrusted the special report of the Com- mittee of the last Assembly on Sunday-schools, and the memorial of the Synod of Michigan on the same subject, respectfully report : That they have carefully considered the papers committed, and are of opinion that the subject therein presented, and the suggestions made thereon, call for the earnest deliberation and mature action of this As- sembly. The labors of individuals and churches on behalf of Sunday- schools, in the provisions admirably devised for their accommodation, in the literature or music provided for their use, in the development of tal- ents and influences especially adapted to interest and operate on the minds there gathered, and in concerts of prayer, have conspired to lift the institution into a position of ])rominence and power never before occupied, and promising yet greater growth and larger good. This fact seems to require that a more distinct recognition of the Sunday-school agency be made in our Assembly reports, and that its relation to the Church and its authorities be more clearly defined. While experience has demonstrated the vast capacities for good that lie in the Sunday- school, and which ought to be more fully unfolded, it has in various ways, also, admonished us of evils which ought to be guarded against and avoided. The danger is, that the Sunday-school may become detached from its proper connection with the Church and its authorities, and assume an independence which must prove, in the end, injurious both to itself and the Church. This severance has, we learn, actually taken place in some instances, 644 THE DIRECTORY FOR WORSHIP. aud the proper shepherd of the flock can appear before the lambs only by the suiferance of the superintendent; and so the young, cut ofi' from their appointed spiritual guardians, are exposed to influences which cannot be brought under proper supervision and control. We would recommend, therefore, that the Assembly adopt and act upon the resolutions presented in the papers that we have in charge, thereby bringing this important in- stitution within their constant purview, and doing what they can to de- velop and impress its great importance upon the hearts of the Church. Resolved, 1. That it belongs emphatically to the pastor and elders of each congregation to direct and supervise the whole work of the spiritual training of the young, and that it is an important part of the functions of their office both to encourage parents to fidelity in bringing up their chil- dren in the nurture and admonition of the Lord, aud also to secure the co-operation of all the competent members of the Church in the religious education of all the children and youth to whom they can gain access. 2. That great attention ought to be paid to the work of inculcating les- sons from the sacred Scriptures, and of fixing in the memory the Cate- chisms of our Church both as to its doctrine and polity ; and still further, of combining all the schools of a congregation in united worship as far as possible, and especially of leading them to Jesus in the exercise of a living faith and continued reliance on the Holy Spirit. 3. That to the above end we would further recommend to the pastors that they adapt, wherever practicable, the second discourse of every Sabbath, particularly to the young of their flock ; thus aflxirding to this, the n>ost susceptible and hopeful portion of their fields, at least one-half of their time and labor, and giving their children distinctly to feel that they have a place, no less in the sanctuary than in the Sunday-school, both for wor- ship and instruction. 4. That chui'ch sessions be required to furnish in their statistical re- ports a full account of the number of Sunday-school scholars and teach- ers in their respective congregations, to be embodied in the Assembly's minutes. 5. That a Permanent Committee of the Assembly be appointed, whose duty it shall be to take charge of this great interest, and to report what- ever may quicken and stimulate the Church in its duty of training the young according to the word of God. 6. That this General Assembly earnestly recommend to the pastors of the churches within its bounds to present before their congregations, in one or more discourses, the relation of baptized children to the Church, and the reciprocal duties between parents and children growing out of this relation, as defined in the word of God and declared in the doctrines of our Church. 7. That it is exceedingly desirable that the entire congregation, old and young, be permanently connected with the Sunday-school, either as schol- ars or teachers. — 1864, pp. 507, 508, N. S. [See Directory for Worship, chap, xv., sec. v.] d. The ('onimittee to whom were referred certain resolutions on the sub- ject of Sabbath-schools, would respectfully report the following minute: The Sabbath-school, in its original design, as it lay in the mind of its founder, was simply a means of imparting instruction to the children of the poor. While that great purpose should never be lost sight of, yet the institution has grown to be an important auxiliary to the Church in the instruction and religious culture of her children. As such, it naturally comes under the direction of the pastor and session of each church, and they should ever be recognized as its proper guardians and supervisors. OF THE SxVXCTIFICATION OF THE LORD's DAY. 645 They have no more right to relinquish this solemn responsibility than they have to give up the care, and discipline, and instruction of the Church. He who said to his apostle, "Feed my sheep," said also, "Feed my lambs." With this obvious fact of the responsibility of pastors for the children of their churches, the General Assembly does hereby set forth the following principles as guides to pastors and sessions in fulfilling their duties in respect to the Sabbath-school work. 1. The pastoral office involves the practical supervision of the Sabbath- school. The pastor should frequently, if not constantly, be present to counsel and aid those who may under him be engaged in the work of instruction. 2. While the holy Bible is the great text-book of the Sabbath-school, it is eminently fitting that the summary of Christian doctrine as contained in our admirable Shorter Catechism should also be taught, and that a lesson therefrom should be recited at least once a month, and that at least once in a quarter the pastor himself should examine the whole school therein, adding thereto such explanations and illustrations as may to him Beem proper. 3. The books of the Sabbath-school library should be wholly subject to the supervision of the pastor and ruling elders, and no work, except it be published by our Board of Publicaiion, shall be admitted, which they have not approved. In this examination care should be taken that no book receives their sanction which might give the minds of children a bias unfavorable to the order, doctrine and practices of our Church, or which might beget a taste for frivolous literature, or which does not impart some weighty truth or important information. 4. In addition to the exercises of the Sabbath-school, every pastor should hold frequent meetings, especially for the children, in which the addresses and services are adapted to their intellectual capacities and wants. 5. Presbyteries are hereby enjoined, in their annual in(|uiry into the state of the churches within their bounds, to ascertain whether these prin- ciples are adhered to, and how far they are carried into practice. 6. The Assembly furthermore recognizes the importance of securing for those engaged in the work of Sabbath-school instruction all the aids that may have been prepared either in our own country or abroad, whether in illustration or explanation of the doctrines of the word of God, or in reference to the conduct and discipline of the church, or in regard to the best methods of securing its prosperity and largest success. For this pur- pose the Board of Publication is directed to add to their list of works all such helps to Sabbath-school instruction as may be found vahial)le and useful, either by the republication of standard foreign works, or the issue of those which may be obtained from authors at home, and to procure for the use of pastors and teachers, at their request, such works ])uhlished by other societies or establishments as may be valuable auxiliaries in the great work of the Sabbath-school. 7. It should be the aim of all engaged in the religious culture of the young, whether parents or guardians, or pastors and teachers, to counter- act, as far as possible, the tendencies of the age to unhealthy excitements, to a vapid and enervating literature, which only enfeebles and deinorali/A'S the mind, and often corrupts the heart; to induce the youth under their care to seek for sound and wholesome doctrine; to correct their taste; to beget in them a love for those noble and substantial works which were the food on which our fathers fed, and by which they grew into a strength and greatness which has made them ever after to be remembered. — 1867, p, 351, O. S. 646 THE PIRECTOBY FOR WORSHIP. CHAPTER IL OF THE ASSEMBLING OF THE CONGREGATION AND THEIR BE- HAVIOR DURING DIVINE SERVICE. I. When the time appointed for public worship is como, let the people enter the church, and take their seats in a decent, grave, and reverent manner. II. In time of public worship, let all the people attend with grav- ity and reverence; forbearing to read anything, except what the minister is then reading or citing ; abstaining from all whisperings, from salutations of persons present, or coming in ; and from gazing about, sleeping, smiling, and all other indecent behavior. 1. Posture in Public Prayer. a. On an overture from the Presbytery of Philadelphia, asking the Assembly to adopt measures for arresting or abating the growing evil of sitting in public prayer, the Assembly took action, viz. : While the posture of standing in public prayer, and that of kneeling in private prayer, are indicated by examples in Scripture, and the gen- eral practice of the ancient Christian Church, the posture of sitting iu public prayer is nowhere mentioned, and by no usage allowed ; but on the contrary, was universally regarded by the early Church as heathen- ish and irreverent, and is still, even in the customs of modern and West- ern nations, an attitude obviously wanting in the due expression of rev- erence ; therefore this General Assembly Resolve, That the practice in question be considered grievously im- proper, whenever the infirmities of the worshiper do not render it neces- sary ; and that ministers be required to reprove it with earnest and per- severing admonition. — 1849, p. 255, O. S. h. Reaffirmed by the Assembly of 1857, p. 38, O. S. c. An overture from the Presbytery of Michigan in relation to posture in prayer and praise, with the answer that action is inexpedient, which was adopted.— 1870, p. 28. See 1854, p. 509, N. S. CHAPTER in. OF THE PUBLIC READING OF THE HOLY SCRIPTURES. I. The reading of the Holy Scriptures, in the congregation, is a part of the public worship of God, and ought to be performed by the ministers and teachers. II. The Ploly Scriptures of the Old and New Testament shall be publicly read, from tlie most approved translation, in the vulgar ^onguc, that all may hear and understand. OF THE SINGING OF PSALMS. 647 III. How large a portion shall be read at once, is left to the dis- cretion of every minister : however, in each service, he ought to read at least one chapter ; and more, when the chapters are short, or the con- nection requires it. He may, when he thinks it expedient, expound any part of what is read : always having regard to the time, that neither reading, singing, praying, preaching, or any other ordinance, be disjjroportionate the one to the other; nor the whole rendered too short, or too tedious. Overtured, That every minister, in their respective congregations, read and comment upon a chapter of the Bible every Lord's day as discretion and circumstances of time, place, etc., will admit. Adopted. — 1707, p. 10. 2. Resolved, That this Assembly do hereby enjoin on all ministers of churches under their care, a strict and regular observance of the third article in the Directory for Public Worship, and they further recommend to all the Presbyteries in connection with this General Assembly, that they inquire at least once in every year, at a stated meeting, how far the regulations in said article have been observed ; and if, in any instances, overlooked or neglected, that they take measures to have the same prop- erly observed. — 1839, p. 166, O. S. CHAPTER IV. OF THE SINGING OF PSAL3IS. I. It Is the duty of Christians to praise God, by singing psalms, or hymns, publicly in the church, as also privately in the family. 1. Early Action on the Subject of Psalmody. a. A query was brought in, in these words : " As sundry members and congregations within the bounds of our Synod, judge it most for their edification to sing Dr. Watts's imitation of David's Psalms, does the Synod so far approve said imitation of David's Psalms as to allow such ministers and their congregations liberty of using them?" As a great number of this body have never particularly considered Dr. Watts's imitation, they are not ])repared to give a full iuiswer to the ques- tion. Yet as it is well approved by many of this body, the Synod have no objection to the use of said imitation by such ministers and congrega- tions as incline to use it, until the matter of psalmody be further consid- ered. And it is recommended to the members of this body to be pre- pared to give their sentiments respecting this subject at our next meet- ing.—1763, p. 331. b. After some consideration of the query concerning the use of Dr. W^atts's imitation of the Psalms, the Synod judged it best, in present cir- cumstances, only to declare that they look on the inspired Psalms in Scrip- ture, to be proper matter to be sung in divine worship, according to their original design and the practice of the Christian Churches, yet will not for- bicf those to "use the imitation of them whose judgment and inclination leads them to do so. — 1765, p. 345. 648 THE DIRECTORY FOR WORSHIP. c. The Committee appointed to converse with the parties in the Seconc Presbyterian Church in this city differing about psahuody, report: "That they have taken opportunities of conversing with botli parties, so far as the time and circums^tauces woukl permit, and that they do not think the Synod should directly judge of the merits of the appeal, so as to affirm or disapprove the several distinct propositions laid down by the Presbytery in their judgment ; but as there is not now time to consider fully the dif- ferent versions of the Psalms in question, and there are minutes of Synod formerly which countenance congregations in determining this matter according to their own choice, they cannot make any order to forbid the congregation to continue the practice now begun." Which being con- sidered was approved; and the Synod on this occasion think proper earn-_ estly to recommend to both parties peace and harmony, and to foibear all harsh sentiments and expressions, and in particular that neither of them intimate that either of the versions in question is unfit to be sung in Chris- tian worship. — 1773, p. 448. d. A motion was niade in the f(.)llowing terms, viz.: "Whereas the nearest uniformity that is practicable in the external modes of divine worship is to be desired, and the using different books of psalmody is mat- ter of offence, not only to Presbyterians of different denominati(jns, but also to many congregations under our care ; it is queried, if the Synod might not choose out, and order some of their number to take the assist- ance of all the versions in our power, and compose for us a version more suitable to our circumstances and taste than any we yet have;" which, having been read, and seconded, after some conversation thereon, the question was put, whether to ap})oint a Committee, or defer, and was car- ried by a small majority to api)oint. Whereupon Dr. Allison, Dr. David- son, Dr. Ewing, Mr. Blair and JNIr. Jones, were appointed a Committee for that purpose, who are to make report of their diligence herein at our next meeting. — 1785, p. 513. [Apparently in consequence of this appointment the following minute was adopted :] e. The Synod did allow, and do hereby allow, that Dr. Watts's imita- tion of David's Psalms, as revised by Mr. Barlow, be sung in the churches and families under their care. — 1787, p. 535. /. In respect to the psalmody, the Synod have allowed the use of the imitation of the Psalms of David for many years, to such congregations as choose them, and still allow of the same, but they are far from disap- proving of House's version, commonly called the Old Psalms, in those who were in the use of them and chose them, but are of <)[)inion that either may be used by the churches, as each congregation may judge most for their j)eace and edihcation, and therefore highly disapprove of j)ublic, severe and unchristian censures being passed upon either of the systems of psalmody, and recommend it to all ministers in those parts of the Church, to be more tender and charitable on these heads. — 1787, p. 537. 2. "Watts' H3nnns Allo-wed.— Dwight's Revision Approved and Allo"wed. Whereas, The version of the Psalms made by Dr. Watts, lias heretofore been allowed in the congregations under the care of the General Assem- bly, it is now thought expedient that the hymns of Dr. Watts be also allowed; and they are accordingly hereby allowed in such congregation as may think it expedient to use them in j)ublic and social worship; an whereas, the Rev. Dr. Timothy Dwight, by order of the General Associt d la- OF THE SINGIXG OF PSALMS. 649 tion of Counecticut, has revised the version of the Psalms made by Dr. AVatts, and versified a number omitted by him, and has also made a selec- tion of hymns from various authors, which, together with the Psalms, were intended to furnish a system of psalmody for the use of churches and families, which system has been revised and recommended by a joint Committee of the General Assembly and the General Association of Con- necticut heretofore appointed, as well as examined and approved by a Committee of this present Assembly ; the said system is hereby cheerfully allowed in such congregations and churches as may think it for edification to adojjt and use the same. — 1802, p. 249. 3. Use of other Psalms and Hymns not Forbidden.— Sessions and Presbyteries to take Supervision. Your Committee are of oj)inion, that the General Assembly of the year 1802, in their resolution on this subject, did not intend that the churches under their care should use no other psalms and hymns than those speci- fied in the resolution. It is further the opinion of your Committee, that when any families or congregations in their religious worship make use of hymns containing erroneous doctrine or trivial matter, it becomes the duty of church sessions and Presbyteries to inquire into the matter, and act as the case may require. Approved. — 1806, p. 360. 4. Book of " Psalms and Hymns." [In 1819, p. 716, the subject of psalmody was considered, and referred to the next Assembly. The Committee appointed by the Assembly of 1820, Drs. Caldwell and Romeyn, and Mr. Andrew Wylie, presented" the following report, which was adopted :] Psalmody has in all ages been considered a most important part of the worship of God. The Church, therefore, has ever been careful to preserve its purity for the edification of her members; whilst they who have de- parted from the faith once delivered to the saints, have availed them- selves of it to accomplish their divisive plans with the best success. Mind- ful of their duty in this matter, the General Assembly have, from time to time, authorized the use of Rouse's version of the book of Psalms, Watts's imitation of the Psalms of David, with his three books of hvmns, Barlow's alterations of, and additions to Watts's imitation, and Dwight's revision of Watts, with his additional versifications and collections of hymns, in the churches under their care. Whilst the Committee grant that each of these systems of psalmody has its excellences, they respectfully recommend that one uniform system of psalmody be prejiared, under the direction of the Assembly, for the use of the churches under their care. They believe that the time has come when such a measure may be adopted without oflfending any of our churches, and with the prospect of complete success. If they are correct in this belief, of which the Assembly must judge, it appears to them that uniformity in this matter will furnish a strong bond of peace and harmony between the ditterent sections of our Church. The Committee further recommend that this uniform system of psalm- ody consist of two parts, viz. : I. A compilation of metrical versions of the book of Psalms, adhering to the order and connection of the same as far as practicable. In this compilation the preference ought to be given to the authorized versions now in use, so far as the poetry and conformity to the text allow. The C)mmittee, in recommending this compilation, disavow any design 82 650 THE DIRECTORY FOR WORSHIP. of committing the Assembly on the difference of opinion -which exists al)out the book of Psalms. They also wish it to be distinctly understood that they do not disapprove of Watts. But they think that a compila- tion, such as is recommended, if judiciously executed, will satisfy the friends of Dr. Watts's imitation, and the advocates of the exclusive author- ity of the book of Psalms. 11. A copious collection of hymns and spiritual songs from various au- thors, giving the preference to those now authorized, so far as good taste, sound sense and enlightened piety admit. Such a system of psalmody, the Committee think, besides producing harmony among ourselves in this part of public worship, will tend to en- large that growing disposition among Christians of different denomina- tions, to union of exertions for promoting the kingdom of Christ. They therefore submit the following resolutions, viz.: 1. That a Committee be appointed to digest and prepare a uniform sys- tem of psalmody, as recommended in this report; the whole, when pre- ])ared agreeably to the views of the Committee, to be submitted to the General Assembly for their adoption. 2. That the Committee appointed to carry this resf)lution into effect be authorized to procure, at the expense of the Assembly, such versions of the Book of Psalms, and such collections of hymns and sacred songs, as tliey may deem necessary. The Assendily ai)pointed Drs. Romeyn, Alexander, Nott, Blatchford and Spring, a Committee to prepare and digest a system of psalmody, as recomnK-nded in the foregoing report. — 1820, p. 740. The Committee finally, after being enlarged from time to time, reported, when it was — a. Resolved, That the Book of Psalms and Hymns, with the alterations and additions submitted by the Committee, be approved by the Assembly, and its use in the worship of God be authorized in all the churches under its care.— 1830, p. 306. In the Assembly of 1888, O. S., a Committee was appointed to revise the Assembly's edition of the " Psalms and Hymns." Their action was finally approved by the Assembly, and it was— b. Resolved, That the Book of Psalms and Plymns reported by the Committee of Psalmody, be approved, and authorized to be used in all our churches. That such portion of our standards be appended to such portion of any future edition of tlie Book of Psalmody as shall be deemed ex])edient by the Board of Publication. Tliat the whole, or such portion of the common translation of the psalms, without note or comment, accompanied as far as may be by ap- propriate music, be appended to such portion of one edition of said J3ook of Psalmody as may appear expedient to the Board of Publication. — 1843, p. 194, O. S. [See also Baird's Collection, Revised Edition, pp. 211, 213.] 5. The " Church Psalmist." [In the Assembly of 1S40, N. S.— ] a. On motion of Dr. Cox, the whole subject of psalmody, with the pro- curing and furnishing an edition of psalms and hynuis for our general use in a way involving no pecuniary responsibility to the Assembly, was referred to tlie Consulting Committee for their deliberation and action, as they :n:iy deem proper and practicable. — 1840, p. 24. OF THE SINGING OF PSALMS. 651 On the report of this Committee, the General Assembly recommended the "Church Psalmist," prepared by Dr. N. S. Beman, to the churches un- der our care, leaving them, at the same time, free to continue the books now in use, if they deem it most for edification. — 1843, pp. 21, 22, N. S. [The Assembly of 1846, inter alia — ] Resolved, That it is earnestly recommended to the churches in connec- tion with this Assembly, for the purpose of carrying out the matured action of our highest ecclesiastical judicatories, and thus securing uni- formity, an increasing revenue, and the possession of a work of high intrinsic merit, whenever they deem it best to make a change in the psalmcjdy, to adopt the book of the Assembly. — 1846, p. 19, N. S. [See also New Digest, pp. 580-583.] [In 1855, p. 32, and again in 1856, p. 215, the Pulilication Committee was authorized and directed to purchase the Church Psalinist, if it could be done on reasonable terms. ]n 1857, p. 435, the Committee reported to the Assembly tiie purchase of the Book, upon which the Assembly — ] h. Resolved, That we recognize with gratitude to God the completion of the labors of the Publication Committee, by which the Assembly is fur- nished with a book of psalmody which they can call their own ; the profits of which will materially aid the funds of the Church in the Publication cause; and the Assembly hereby recommend to the pastors and the churches that they use all reasonable diligence in promoting uniformity by the introduction of this book. c. Resolved, That the preparation of an appendix to the Church Psalm- ist of such hymns as may be necessary to make the work complete be com- mitted to N. 8. kS. Beman, D. D., Rev. Albert Barnes and S. W. Fisher, D. D., and that this Committee report to the next General Assembly. — 1857, pp. 410, 411, N. S. [The Committee were directed to report to the Publication Committee (IMinutes, 1858, p. 585), by whom the supplement was published, and the book thus completed.] — 1859, p. 38, ib. II, In singing the praises of God, m'o are to sing with the spirit, and with the understanding also; making melody in our hearts unto the Lord. It is also proper, that we cultivate some knowledge of the rules of music ; that we may praise God in a becoming manner with our voices, as w'ell as with our hearts. 1. The Book of Tunes. Resolved, That a Committee of three be appoi^ited by the Publication Committee to prepare a Book of Tunes adapted to the Church Psahnist, and that this Committee be instructed to consult and correspond with j)as- tors and leaders of choirs in the churches, as to the particular tunes most in use and most popular in the congregations, and that this Committee report to the next General Assembly. — 1857, p. 410, N. S. [The Committee rej)orted progress to the Assembly in 1858. The book, "The Eclectic Tune Book," was laid before the Assembly in 1860, p. 246.] 2. "The Hymnal." [In consequence of overtures from various Presbyteries, tlie Assembly of 1863, O. S., appointed a Committee to take the whole subject into con- sideration, and report to the next Assembly. This Committee reported on the whole subject, and the Assembly — ] 652 THE DIRECTORY FOR WORSHIP. Resolved, 1. That a selection of psalms and hymns be made from oui present book and from other sources, and published with suitable tunes ; and that all the hymns in this new selection, which are not in our present book, be published as a supplement for the use of those who prefer it; and that the hymns in the new selection, in additicm to their own numbers, shall retain the numbers in the old book, so that both may be used in the same congregation without embarrassment. 2. That in accordance with the recommendation of previous Assemblies, and rcs])onsive to the wish of many in the Church, there shall be made a careful selection from the Bible of passages to be arranged for chanting; and that this shall be fitted to be bound both with the selection of hymns and tunes, and with the sup})lement, at the option of the churches. 3. That the volumes thus provided for shall be furnished with ample indices after the style of the best improvements in this respect. 4. That a Committee of five be appointed by this Assembly, who shall have power to employ all needful talent and means, at the expense of the Board of Publication, for the accomplishment of these ends as perfectly and speedily as possible, and i-eport the result to some future Assembly. 5. That the Board of Publication be instructed to defray the personal expenses of the present Committee incurred in performing this service. — 18G4, p. 293, O. S. [The Committee called for by the fourth resolution consisted of Drs. John M. Krebs, J. Trumbull Backus, Robert Davidson, J. E. Rockwell and Willis Lord.] [By the Assembly of 1865, O. S., the Committee was directed to insert in the new book the Apostles' Creed, the Ten Commandments and the Lord's Prayer; also the Shorter Catechism and Directory for Worship, 1865, p. 532. The book was reported to the Assembly of 1866, together with a full report upon the whole subject. Whereupon the Assembly] Besolved, 1. That the report be adopted and printed in the Appendix to the Minutes. See 1866, pp. 107-112. 2. That this Assembly approve the Hymnal as published, and allow the same to be used in all our churches ; but it is not required that it shall supersede the books in present use. — 1866, p. 95, O. S. 3. "Social Hymn and Tu-ne Book." ["The Social Hymn and Tune Book" was prepared by the Publication Committee under "the direction of the General Assembly, and laid before it in 1866, when it was] Resolved, That the "Social Hymn and Tune Book," recently published by the Committee, be commended as pre-eminently adapted to social and congregational worship. — 1866, p. 272, N. S. 4. Report on Sacred Music— The Hymnal Commended. The Assembly took from the docket the report of the Committee on Sacred Music, which was unanimously adojjted, and is as follows: The Committee of Five, "appointed to j)repare and report to this Gen- eral Assembly such suggestions or measures as may to them seem most timely and ex])odient for the encouragement of a more devotional charac- ter in church music, and especially in instrumental and vocal voluntaries, and for the suppression ancl exclusion of all musical performances which are inconsistent with the proprieties of the Sabbath and of the sanctuary," respectfully report, for adoption by this General Assembly, the following deliverance, to wit: The service of song, which God has made a part of the worship of his OF THE SIXGIXG OF TSALMS. 653 holy house, when properly performed, has power for good over human hearts, promoting our growth and liis glory. The grand object of all music, which has a proj>er phice in the services of the Sabbath and sanc- tuary, is, and must be, to inspire and express devotion ; the introduction of choirs or musical instruments can be justified only as they serve this end, and aid or accompany sacred song; and no display of artistic skill, no delicacy of vocal training, no measure of musical ability, compensates for the violation, or even neglect, of the proprieties of divine worship. The Assembly, therefore, cannot observe, without serious concern, the great and growing evil, that the music of the sanctuary, instead of ministering to the praise of God, should so often be perverted to carnal ends, being secular in character and associations, unsuited to congregational use, cal- culated to dissipate devotional feeling, and wholly incongruous with the services of God's house. The conduct of so important a part of divine worship should be com- mitted only to those who respect religion, and, as far as practicable, to those who are in communion with the church, and amenable to its juris- diction. They should adapt their selections of music, whether vocal or instrumental, to the awakening of devotional feeling, the deepening of religious impressions, and the expression of the sentiment embodied in the psalms and hymns, that the entire music of God's house may harmonize Vv-ith the service of which it is a part, being conducted with due gravity, solemnity and reverence. It is recommended also that, as far as possible, meetings for rehearsal or mere musical practice be held during the week rather than on the Lord's day, that undue offence be not given to the con- sciences of Christian brethren, and that temptation to Sabbath desecration be not needlessly incurred. The Assembly would remind the churches that the Scriptures nowhere recognize the service of song as to be performed by the few in behalf of the many; but teach us that the Lord delights in the " jiraise of all the people." This being the only part of his worshij) in which they distinctly and audibly unite, it is especially desirable that, as far as may be, the whole congregation shall engage therein ; and, even when unfamiliar tunes are sung, it should not be without due reference to prei)aring the people for a more general participation. Moreover, while such advance is being made in the knowledge of the science and culture of the art of music, we would enjoin, in the language of our "Directory for Worship," chap, iv., sec. ii., that due attention be given to the study of "the rules of music," especially by the young, in order to a more intelligent and appreciative interest in this delightful part of God's worship. In a former resolution upon a subject kindred to this (Assembly's Di2-e>t. page 197), the General Assembly called the attejition of pastors and church sessions to the important fact that according to our standards "the whole internal arrangement of a church, as to worship and order, is committed to them." Form of Government, chap, ix., sec. vi. ; Direct- orv of Worship, cha]). iv.. sec. iv. Being thus responsible to God and the Church for the purity and ])ropriety of this part of divine worship, they are to exercise a careful oversight thereof, that its sacred and devotional character be ever maintained. In so doing they are urged by this Assem- bly to cultivate a kind and fraternal spirit toward those who lead_ the music of the sanctuary, and to manifest an afiection and appreciative inte- rest in any endeavors they may make to improve the character of this ser- vice, to the end that harmony" may be promoted, " and all things be done unto edifying." The Hymnal in its present enlarged and completed form having been 654 THE DIRECTORY FOR WORSHIP. adopted and recommended to the churches by this Assembh', its early introduction will, it is believed, contribute to render participation in this service of song more devout, uniform and general. Particular atten- tion is called to the scriptural selections, arranged as chants, which adapt the book to a variety of tastes and preferences ; and while the Assem- bly thus sends forth upon its sacred mission this, its new book of praise, oar devout hope and prayer is, that to it may be granted the high honor of promoting the ends of true worship, aiding " the service of song in the house of the Lord," and helping his people " to sing with the spirit and with the understanding, making melody in their hearts to the Lord." — 1867, p. 365, O. S. III. The M'hole congregation should be furnished with books, and ought to join in this part of worship. It is proper to sing without parceling out the psalm, line by line. The practice of reading the psalm, line by line, was introduced in times of ignorance, when many in the congregation could not read : therefore, it is recommended, that it be laid aside, as far as convenient. IV. The proportion of the time of public worship to be spent in singing, is left to the prudence of every minister : but it is recom- mended, that more time be allowed for this excellent part of divine service than has been usual in most of our churches. a. Church Music is under the Control of the Session. [In reply to an overture from the Synod of Cincinnati on the subject of instrumental music, the following minute was adopted :] Whereas, By our Constitution (Form of Government, chap, ix., sec. vi., and Directory for Worship, chap, iv., sec. iv.), the whole internal arrange- ment of a church, as to worship and order, is committed to the minister and session ; therefore, Resolved, That this Assembly do not feel themselves called upon and obliged to take any further order on this subject, but leave to each ses- sion the delicate and important matter of arranging and conducting the music as to them shall seem most for edification, recommending great caution, prudence and forbearance in regard to it. — 1845, pp. 21, 22, O. S. b. A memorial asking the Assembly " to define the rights of a session of a church in regard to the singing in the house of God," answered by referring to the above action. — 1858, p. 281, O. S. See also Form of Government, chap, ix., sec. vi., and sec. ii., above. OF PUBLIC PRAYER. 655 CHAPTER V. OF PUBLIC PRAYER. I. It seems very proper to begin the })iil)lic worship of the sanc- tuary by a short prayer; humbly adoring the infinite majesty of the living God ; expressing a sense of our distance from him as creatures, and unworthiness as sinners; and humbly imploring his gracious presence, the assistance of his Holy Spirit in the duties of his wor- ship, and his acceptance of us through the merits of our Lord and Saviour Jesus Christ. II. Then, after singing a psalm, or hymn, it is projier that, before sermon, there should be a full and comprehensive prayer. First, Adoring the glory and perfections of God, as they are made known to us in the works of creation, in the conduct of providence, and in the clear and full revelation he hath made of himself in his written word. Second, Giving thanks to him for all his mercies of every kind, general and particular, spiritual and temi)oral, common and special, above all, for Christ Jesus, his unspeakable gift ; and the hope of eternal life through him. Third, Making humble confession of sin, both original and actual ; acknowledging, and endeavoring to impress the mind of every worshijjer with, a deep sense of the evil of all sin, as such; as being a departure from the living God; and also taking a particular and affecting view of the various fruits which proceed from this root of bitterness : — as, sins against God, our neigh- bor, and ourselves ; sins in thought, in word, and in deed ; sins secret and presumj)tuous ; sins accidental and habitual. Also, the aggrava- tions of sin, arising from knowledge, or the means of it ; from dis- tinguishing mercies; from valuable privileges; from breach of vows, etc. FouriJi, Making earnest sup])lic-ation for the pardon of sin, and peace with God, through the blood of the atonement, with all its im- portant and hap]iv fruits; for the spirit of sanctification, and abun- dant sup]>lies of the grace that is necessary to the discharge of our duty ; for supj)ort and comfort under all the trials to which we are liable, as we are siniul and mortal ; and for all temj)oral mercies that mav be necessary, in our ])assage through this valley of tears. Always remembering to view them as flowing in the channel of covenant- love, and intended to be subservient to the preservation and progress of the spiritual life. Fifth, rieading from every principle Avarrant^d in Scripture; from our own necessity; the all-sufficiency of God ; the merit and intercession of our Saviour; and the glory of God in 656 THE DIRECTORY FOR WORSHIP. the comfort and happiness of his people. Sixth, Intercession for others, including the whole world of mankind; the kingdom of Christ, or his Church universal; the church or churches with which we are more particularly connected ; the interest of human society in general, and in that community to which we immediately belong; all that ai-e invested with (;ivil authority; the ministers of the ever- lasting gospel ; and the rising generation : with whatever else, more particuhir, may seem necessary, or suitable, to the interest of that congregation where divine worship is celebrated. III. Prayer after sermon, ought generally to have a relation to the subject that has been treated of in the discourse; and all other public prayers, to the circumstances that gave occasion for them. IV. It is easy to perceive, that in all the preceding directions there is a very great compass and variety; and it is committed to the judg- ment and fidelity of the officiating pastor to insist chiefly on such parts, or to take in more or less of the several parts, as he shall be led to by the aspect of Providence, the particuhir state of the congre- gation in which he officiates, or the disposition and exercise of his own heart at the time. But we think it necessary to observe, that although we do not approve, as is well known, of confining ministers to set or fixed forms of prayer for pul)lic worship; yet it is the indis- pensable (hity of every minister, previously to his entering on his office, to prepare and qualify himself for this part of his duty, as well as for preaching. He ouglit, by a thorough acquaintance with the Holy Scriptures, by reading the best writers on the subject, by medi- tation, and by a life of communion with God in secret, to endeavor to acquire both the spirit and the gift of prayer. Xot only so, but when he is to enter on particular acts of worship, he should endeavor to compose his spirit, and to digest his thoughts for prayer, that it may be performed with dignity and propriety, as well as to the profit of those who join in it; and that he may not disgrace that im])ortant service by mean, irregular, or extravagant effusions. Liturgical Forms not Needed. A paper from the Synod of Albany, containing some suggestions or resokitions in relation to the use of liturgical forms of worship, which they desire to be adopted by this General As'sembly, was considered by your Committee this morning, wlien it was — Resolved, That, as the usages and forms of the Presbyterian Church have been so uniform and acceptable for years past, from tlieir scriptural simplicity; and as no extensive departure from, or change of, these usages and forms is likely to take ])hicc in the Presbyterian denomination, there- fore it is the judgment of this Committee that no action by this Assembly is at present demanded. — 18G7, p. 49(S, N. 8. Resolved, That the practice of responsive reading of the Scriptures OF THE PEEACHING OF THE WORD. 657 in the public worship of the sanctuary is unwise in itself, and especially dangerous in this day, when it becomes the Church to withstand the tend- ency so strongly manifested in many places, to a liturgical and ritualistic service.— 1869, p. 926, O. S. CHAPTER VI. OF THE PREACHING OF THE WORD. I. The preaching of the ^Yord being an institution of God for the salvation of men, great attention should be paid to the manner of per- forming it. Every minister ought to give diligent application to it; and endeavor to prove himself a -svorkman that needeth not to be ashamed ; rightly dividing the word of truth. Reading Sermons. a. It is further enjoined that all our ministers and probationers forbear reading their sermons from the pulpit, if they can conveniently. — 1761, p. 309. h. The General Assembly has reason to believe that the practice of reading sermons in the pulpit is greatly on the increase amongst our min- isters, and being decidedly of the opinion that it is not the best method of preaching the gospel, it hereby recommends the discontinuance of the practice as far as possible, and earnestly exhorts our younger ministers to adopt a different method, as more scriptural and effective. — 1841, p. 448, O. S. c. Whereas, This General Assembly has reason to believe that the prac- tice of reading sermons in the pulpit is on the increase amongst our min- isters; and being decidedly of opinion that it is not the most elective and acceptable method of preaching the gospel ; therefore, Resolved, That we do earnestly repeat the recommendation of the As- sembly of 1841, that this practice be discontinued as far as practicable; and affectionately exhort our younger ministers and candidates for the ministry to adopt a different method as more scriptural and effective, and more generally acceptable to God's people." — 1849, p. 271, O. S. II. The subject of a sermon should be some verse or verses of Scrip- ture ; and its object, to explain, defend and apply some part of the sys- tem of divine truth ; or, to point out the nature, and state the bounds and obligation, of some duty. A text should not be merely a motto, but should fairly contain the doctrine proposed to be handled. It is proper also that large portions of Scripture be sometimes exjiounded, and particularly improved, for the instruction of the people in the meaning and use of the Sacred Oracles. Expository Preaching Comniended, That in the discharge of pastoral duties they take the utmost care that the word of God be known and understood by the people, and that for 83 658 THE DIEECTORY FOE WOESHIP. this purpose, in their public instructions, the practice of lecturing on cer- tain portions of the Scripture be not laid aside, but rather revived and increased. — 1799, p. 182. III. The method of preaching requires much study, meditation, and prayer. Ministers ought, in general, to prepare their sermons with care ; and not to indulge themselves in loose, extemporary ha- rangues ; nor to serve God with that which cost them naught. They ought, however, to keep to the simplicity of the Gospel ; expressing themselves in language agreeable to Scripture, and level to the under- standing of the meanest of their hearers ; carefully avoiding ostenta- tion, either of parts or learning. They ought also to adorn, by their lives, the doctrine which they teach; and to be examples to the be- lievers, in word, in conversation, in charity, in spirit, in faith, in purity. J V. As one primary design of public ordinances is to pay social acts of homage to the Most High God, ministers ought to be careful not to make their sermons so long as to interfere with, or exclude, the more important duties of prayer and praise ; but preserve a just proportion between the several parts of public worship. V. The sermon being ended, the minister is to pray, and return thanks to Almighty God; then let a psalm be sung; a collection raised for the poor, or other purposes of the church ; and the assem- bly dismissed with the apostolic benediction. VI. It is expedient, that no person be introduced to preach in any of the churches under our care, unless by the consent of the pastor, or church session^ CHAPTER VII. OF THE ADMINISTRATION OF BAPTISM. L Baptism is not to be unnecessarily delayed; nor to be admin- istered, in any case, by any private person; but l>y a minister of CJirist, called to be the stcArard of the mysteries of God. 1. Age of Infancy not Determined. The Committee to which was referred the question, "At what age ought children to be considered too old to be l)a])tizod on tlie faith of their parents?" reported the following answer; which, being read, was adopted, viz. : The precise time of life when the state of infancy ceases, is not deter- mined in the word of God, nor by the standards of our Church, and, from OF THE ADMIXISTRATIOX OF BAPTISM. 659 the nature of the case, is incapable of being regulated by any uniform rule, but should be left to the judgment of ministers and sessions, to be determined according to the particular circumstances of each case. The Assembly, therefore, deem it inexpedient to attempt to fix the precise time at which children ought to be considered too old to be baptized on the faith of their parents. — 1822, p. 53. 2. Baptism by an Impostor Null and Invalid. Whereas, A certain person pretending at Egg Harbor to be a minister regularly ordained among the Presbyterians, under that character bap- tized some adults and infants, and it appearing to the Synod that his pre- tences were false, having at that time no license or ordination, it is our opinion that all the gospel ordinances he administered under that false and pretended character are null and invalid. — 1752, p. 249. 3. By a Profligate.— Cases to be Judged of by the Session. The following question was proposed by the Committee of Overtures, viz. : Ought such persons to be rebaptized as have been offered in baptism by notoriously profligate parents, and baptized by ministers of the same de- scription ? Resolved, That it is a principle of the Church that the unworthiness of the ministers of the gospel does not invalidate the ordinances of religion dispensed by them. It is also a principle that as long as any denomina- tion of Christians is acknowledged by us a Church of Christ, we ought to hold the ordinances dispensed by it as valid, notwithstanding the unworthiness of particular ministers. Yet, inasmuch as no general rule can be made to embrace all circumstances, there may be irregularities in particular administrations by men not yet divested of their office, either in this or in other churches, which may render them null and void. But as these irregularities must often result from circumstances and situations that cannot be anticipated and pointed out in the rule, they must be left to be judged of by the prudence and wisdom of church sessions, and the higher judicatories to which they may be referred. In such cases, it may be advisable to administer the ordinance of baj)tism in a regular manner, where a profane exhibition of the ceremony may have been attempted. These cases and circumstances, however, are to be inquired into by the church sessions, and referred to a Presbytery before a final decision. — 1790, p. 26. 4. Unitarian Baptism. a. A person who had been baptized in infancy by Dr. Priestly ap- plied for admission to the Lord's table. Should the baptism administered by Dr. Priestly, then a Unitarian, be considered valid ? ' Besolved, That this question be answered in the negative. In the present state of our country, whilst Unitarian errors in various forms are making their insidious approaches ; whilst the advocates of this heresv in many cases are practicing a system of concealment, and insinu- ating themselves into the confidence of multitudes who have no susjjicion of their defection from the faith, the Assembly feel it to be their duty to speak without reserve. It is the deliberate and unanimous opinion of this Assembly that those who renounce the fundamental doctrine of the Trinity, and deny that Tesus Christ is the same in substance, equal in power and glory with 660 THE DIRECTORY FOR WORSHIP. the Father, cannot be recognized as ministers of the gospel ; and that their ministrations are wholly invalid. — 1814, p. 549. b. Whether baptism, administered by the denomination of "Disciples" (usually styled Campbellites), ought to be regarded as valid. Answered in the negative. — 1864, p. 316, O. S. 5. By a Minister after he is Deposed. A reference from the Presbytery of Hudson, requesting of the Assem- bly an answer to the following question, was received and read, viz. : Is baptism administered by a minister after he is deposed from office valid? Resolved, That in answer to this question, the Presbytery be referred to chap, vii., sec. i., of the Directory for Public Worship. — 1819, p. 701. 6. By a Suspended Minister. The following overture was presented by the Committee of Overtures, viz. : " Can a Presbytery consistently acknowledge as valid the ordinance of baptism as administered by those who are regularly suspended by a higher judicatory of the Church? " If not, how are we to regard the baptism of the Cumberland Presby- terians ?" The Assembly resumed the consideration of the report of the Commit- tee on the overture respecting the Cumberland Presbyterians. After con- siderable discussion, the report of the Committee was adopted, and is as follows, viz. : 1. That in the opinion of this Assembly, ministers of the Presbyterian Church, when regularly suspended by the competent judicatories, have no right to exercise the functions of a minister during that suspension, 2. That while those persons styling themselves the Cumberland Presby- tery were under suspension, their administrations are to be considered as in- valid; but after the General Assembly have declared them to be no longer connected with our Church, their administrations are to be viewed in the same light with those of other denominations not connected with our body. This decision is grounded on the opinion that the Act of the As- sembly of 1814 precluded the propriety of deposition, or any other pro- cess in the case. — 1825, pp. 145, 156. 7. The Question, Is Baptism in the Church of Rome Valid ? an- s-wered in the Negative. a. The question presented to this Assembly by overture from the Pres- bytery of Ohio, "Is baptism in the Church of Rome valid f is one of a very grave character, and of deep practical importance. The answer to it must involve principles vital to the peace, the purity and the stability of the Church of God. After a full discussion, carried through several days, this Assembly has decided, by a nearly unanimous vote [173 yeas to 8 nays], that baptism so administered is not valid. b. Because, since baptism is an ordinance established by Christ in his Church (Form Gov., chap, vii., Matt, xxviii., 19, 20), and is to be admin- istered only by a minister of Christ, duly called and ordained to be a steward of the mysteries of God (Directory, chap, vii., sec. i.), it follows that no rite administered by one who is not himself a duly ordained minis- ter of the true Church of God visible, can be regarded as au ordinance of OF THE ADMINISTRATION OF BAPTISM. 661 Christ, whatever be the name by which it is called, whatever the form em- ployed in its administration. The so-called priests of the Romish com- munion are not ministers of Christ, for they are commissioned as agents of the papal hierarchy, which is not a Church of Christ, but the Man of Sin, apostate from the truth, the enemy of righteousness and of God. She has long lain under the curse of God, who has called his people to come out from her, that they be not partakers of her plagues. c. It is the unanimous opinion of all the Reformed Churches, that the whole papal body, though once a branch of the visible Church, has long since become utterly corrupt, and hopelessly apostate. It was a convic- tion of this which led to the Reformation, and the complete separation of the Reformed body from the papal communion. Luther and his coadju- tors, being duly ordained presbyters at the time when they left the Romish communion, which then, though fearfully corrupt, was the only visible Church in the countries of their abode, were fully authorized by the word of God, to ordain successors in the ministry, and' so to extend and perpet- uate the Reformed Churches as true Churches of Christ, while the contu- macious adherence of Rome to her corruptions, as shown in the decisions of the Council of Trent (which she adopts as authoritative), cuts her ofl' from the visible Church of Christ, as heretical and unsound. This was the opinion of the Reformers, and it is the doctrine of the Reformed Churches to this day. In entire accordance to this is the decision of the General Assembly of our Church, passed in 1835 (see Minutes of General Assembly, vol. 8, p. 33), declaring the Church of Rome to be an apostate body. d. The decision by the Assembly of 1835, renders the return of a nega- tive to the inquiry proposed by the Presbytery of Ohio, indispensable on the ground of consistency; unless we are prepared to admit, in direct con- tradiction to the standards of the Presbyterian Church, that baptism is not an ordinance established by Christ in his Church exclusively, and that it may be administered by an agent of the Man of Sin, an emissary of the prince of darkness; that it may be administered in sport or in blas- phemy, and yet be valid as though administered by a duly commissioned steward of the mysteries of God. e. Nor can it be urged that the papal hierarchy is improving in her character, and gradually approximating to the scriptural standard. She claims to be infallible: her dogmas she promulgates as the doctrines of heaven ; and she pronounces her heaviest anathema against any and every man who questions her authority, and refuses to bow to her decisions. She cannot recede from the ground she has assumed. She has adopted as her own, the decisions of the Council of Trent, which degrade the word of God ; which claim equal authority for the Apocrypha as for the Nev,- Testament; and which declare the sense held and taught by holy mother Church, on the authority of tradition and of the Fathers, to be the true and only sense of Scripture. All who deny this position, or who question her authority, she denounces with the bitterest curses. /. She thus perverts the truth of God ; she rejects the doctrine of justi- fication by faith ; she substitutes hunuin merit for the righteousness of Christ; and self-inflicted punishment for gospel repentance: she proclaims her so-called baptism to be regeneration, and the reception of the conse- crated wafer in the eucharist, to be the receiving of Christ himself, the source and fountain of grace, and with him all the grace he can impart. Is this the truth ? Is reliance on this system, true religion ? Can, then, the papal body be a Church ? g. The Church (i. e., the Church visible), as defined in our standards, is G62 THE DIRECTORY FOR WORSHIP. the whole body of those persons, together with their children, who make profession of the holy religion of Christ, and of submission to his laws. (Form Gov., chap, ii., sec. ii.) As certainly then, as the dogmas and prac- tices of papal Kome are not the holy reliyioti of Christ, must it be con- ceded, that the papal body is not a Church of Olirist at all ; and if not, then her agents, be they styled priests, bishops, archbishops, cardinals or pope, are not ministers of Christ in any sense ; for they have no connec- tion with his true visible Church ; and not being true ministers of Christ, they have no power to administer Christian ordinances, and the rite they call baptism, is not, in any sense, to be regarded as valid Christian bap- tism. h. Further, by the perverted meaning they affix, and the superstitious rites they have superadded to the ceremonies they perform under the name of baptism and the eucharist, the symbolical nature and true design of both the ordinances of baptism and the Lord's Supper are lost sight of and utterly destroyed — so that, could we by any possibility assign to her the name of a Church, she would still be a Church without the two grand ordi- nances of the gospel ; she neither administers Christian baptism, nor cele- brates the Supper of our Lord. i. Moreover, since, by the 11th canon of the Council of Trent, she de- clares the efficacy of her ordinances to depend upon the intention of the administrator, no man can know with certainty that her form of adminis- tration in any ordinance is not a mere mockery : no consistent papist can be certain that he has been duly baptized, or that he has received the ver- itable eucharist : he cannot know, that the priest who officiates at his altar is a true priest, nor that there is actually any one true priest, or any one prelate rightly consecrated in the whole papal communion. The papal hierarchy has by her own solemn act shrouded all her doings in uncer- tainty, and enveloped all her rites in hopeless obscurity. Even on this ground alone, the validity of her baptism might safely be denied. j. Nor is the fact that instances now and then occur of apparent piety in the members of her communion, and of intelligence, zeal and conscieu- ti(jusness in some of her priests, any ground of objection against the po- sition here taken by this Assembly. The virtues rof individuals do not purify the body of which they are members. We are to judge of the character of a body claiming to be a Church of Christ — not by the opin- ions or practices of its individual members, but by its standards and its allowed practices. Bound as he is by the authority of his Church — and that on pain of her heaviest malediction — to understand the Scriptures only in the sense in which his Cluirch understands and explains them, a consistent papist cannot receive or hold the true religion, or the doctrines of grace. If he does, he must either renounce the papacy, or hypocritic- ally conceal his true sentiments, or he must prepare to brave the thundei'^ of her wrath. True religion and an intelligent adherence to papal Rome are utterly iracompatible and impossible. The Church and the papacy are the repelling poles of the moral system. k. Difficulties may possibly arise in individual cases. It may not be easy at all times to say whether an applicant for admission into the Church of Christ has, or has not, been baptized: whether he has been christened by a popish pastor or not. In all such doubtful cases the ses- sion of a church must act according to the light before them. But it is safer and more conducive to peace and edilication, to embrace a well established principle lor our guidance, and act upon it firmly in the fear of God, leaving all consequences with him, than to suffer ourselves, with- out any fixed principles, to be at the mercy of circumstances. OF THE ADMINISTRATION OF BAPTISM. 663 I. While some other Churches may hesitate to carry out fully the prin- ciple of the Reformation, in wholly repudiating popish baptism, as uell as the popish mass, we, as Presbyterians, feel bound to act on the principle laid down by our Assembly so long ago as 1790, that, so long as a body is by us recognized as a true Church, are her ordinances to be deemed valid, and no longer. In 1835 the Assembly declared the papacy to be apostate from Christ, and no true Church, As we do not recognize her as a portion of the visi- ble Church of Christ, we cannot, consistently, view her pi-iesthood as other than usurpers of the sacred functions of the ministry, her ordinances as unscriptural, and her baptism as totally invalid. — 1845, pp. 15, 34, O. S. 8. The Question Indefinitely Postponed. The Committee on the Polity of the Church reported an overture from the Third Presbytery of New York, which is as follows: Is baptism, as administered by the Roman Catholic Church, to be re- garded as Christian baptism? [Referred to a Committee — Drs. E. F. Hat- field, S. H. Cox and Henry B. Smith — to consider the subject, and report to the next General Assembly.] — 1853, p. 342, N. S. The majority and niinority of the Committee each made a report, which were discussed at great length. And the whole subject indefinitely post- poned.— 1854, p. 512, N. S. 9. The Deliverance of 1845 Affirmed. Overture from the Presbytery of Tuscaloosa, asking whether the ordi- nance of baptism ought to be administered to a person before reception into our Church who presents a certificate of good and regular standing in the New School Presbyterian Church, but who has received only Roman Catholic baptism. The Committee answer that the mere fact that a person has been a member of another church has nothing to do with his original baptism. The memorialists are referred to the action of the Assembly in 1845. Adopted.— 1859, p. 535, O. S. 10. Ruling Elders may not Administer Sealing Ordinances. Overture from the Presbytery of Peoria on the authority of ruling elders to administer sealing ordinances. The Committee recommend that they be referred to the Standards, chap, vii., sec. i., and chap, viii., Direct- ory for Worship, throughout. Adopted.— 1870, p. 22. II. It is usually to be administered in the church, in the presence of the congregation ; and it is convenient that it be performed im- mediately after sermon. III. After previous notice is given to the minister, the child to be baptized is to be presented, by one or both the parents, signifying their desire that the child may be baptized. 1. Who may be Presented for Baptism. a. Not only those that do actually profess faith in and obedience unto Christ, but also the infants of one or both believing parents are to be bap- tized.— Confession of Faith, chap, xxviii., sec. iv. 664 THE DIRECTORY FOR WORSHIP. b. Baptism is not to be administered to any that are out of the visible Church, and so strangers from the covenant of promise, till they profess their faith in Christ and obedience to him ; but infants descending from parents, either both or but one of them, professing faith in Christ and obe- dience to him, are, in that respect, within the covenant, and are to be baptized. — Larger CatecJiism, ques. 166 ; Shorter Catechism, ques. 95. 2. The Duty of Christian Masters to have their Servants Baptized. The following case of conscience from Donegal Presbytery was over- tured, viz., whether Christian masters or mistresses ought, in duty, to have such children baptized as are under their care, though born of parents not in the communion of any Christian church. Upon this overture Synod are of opinion that Christian masters and mistresses, whose religious professions and conduct are such as to give them a right to the ordinance of baptism for their own children, may and ought to dedicate the children of their household to God in that ordinance when they have no scruple of conscience to the contrary. — 1786, p. 527. 3. Of Christian Slaves to have their Children Baptized, It was overtured whether Christian slaves, having children at the entire direction of unchristian masters, and not having it in their power to instruct them in religion, are bound to have them baptized, and whether a gospel minister in this predicament ought to baptize them, and Synod determined the question in the affirmative. — 1786, p. 527. 4. Infant Slaves of Christian Masters. Ought baptism, on the profession and promise of the master, to be ad- ministered to the children of slaves? 1. It is the duty of masters who are members of the Church to present the children of parents in servitude to the ordinance of baptism, provided thev are in a situation to train them up in the nurture and admonition of the Lord, thus securing to them the rich advantages which the gospel provides. 2. It is the duty of Christ's ministers to inculcate this doctrine, and to baptize all children of this description when })resented bv their masters. — 1816, p. 617. 5. Orphan Children of Heathen Parents in the Care of our Missions. The General Assembly of the Presbyterian Church in the United States of America to the Presbytery of Lculiana : Dkak Bkethrkn : You have submitted to us (piestions respecting a subject which we have no doubt is one of very great ini])ortance in regard to tlie progress of religion among the heathen. We have seriously consitl- ered it, and give you here the result of our deliberations. You present to us three questions, to which we re])ly in the order in which the same are presented. a. 1. Are all orphan children of heathen parents, committed to the care of our missions, entitled to the benefits of the ordinance of baptism with- out respect to their ages? We reply, certainly they are not. You must nuxke the same distinction that you would make if their pa- rents were alive and members of the Christian Church, and desiring to have them bai)tized, the same distinction which is made in Christian cuuu- OF THE ADMINISTRATION OF BAPTISM. 665 tries. We add, let those children only be baptized in every case who are so committed to the missions, or other Christian tuition, as to secure effect- ually their entire religious education. On this point great caution is necessary. h. 2. You ask (on the presumption that the preceding question is an- swered in the negative). Are those only to be baptized who have not at- tained to years of discretion ? This question we answer in the affirmative. e. 3, Your third question is in substance as follows: If those only who have not attained to years of discretion are to be baptized, at what age shall the federal right be supposed to cease and personal responsibility to commence ? Although it is not difficult to answer this question in accordance with the standards and the practice of the Presbyterian Church, yet the rule may frequently be found difficult of application. Our answer to the question, however, is : The officers of the Church must judge in each particular case whether the proposed subject of baptism has arrived at years of discretion or not. We can adopt no other rule in our own practice, and we can recommend no other to you. We refer you to chap, ix., sec. ii., of our Directory for Worship. If the person proposed to be baptized has acquired that ma- turity of mind which renders him capable of making an intelligent pro- fession of religion himself, he ought not to be baptized on the faith of an- other. Our Confession of Faith recognizes the right to baptism of the infant children only of such parents as are members of the Church. We do not doubt that in heathen countries children of heathen parents ordi- narily arrive at what are called ijears of discretion later than those who enjoy the advantages of Christian instruction in early life; but in a coun- try where the religion of all consists in forms and ceremonies, great care should be taken that the Christian religion does not even appear to par- take of the formality and emptiness of Mohammedanism and Paganism. — 1843, p. 179, O. S. 6. Obligations and Qualifications of Parents. a. The Synod do also exhort all the ministers within our bounds to take due care in the examination of all candidates for baptism, or that offer to dedicate their children to God in that sacred ordinance, that they are persons of a regular life, and have suitable acquaintance with the princi- ples of the Christian religion ; that that seal be not set to a blank, and that such be not admitted to visible church relation that are manifestly unfit for it. — 1735, p. 115. b. That previously to the administration of baptism, the minister shall inquire into the parents' knowledge of the great and fundamental doc- trines of the gospel, and the regularity of their lives; and being satisfied so as to admit them, shall, in public, point out the special duties of the parents, and ])articularly that they teach their children the doctrines and precepts of Christianity, contained in the scriptures of the Old and New Testaments, and comprised in the Westminster Confession of Faith and Catechisms, which therefore he shall recommend unto them. — 1755, p. 267. c. The following reference from the Synod of Philadelphia was laid be- fore the Assembly : As baptism is to be administered to the infants of those who are members of the visible Church (but our Directory leaves the description of the visible and credible profession of Christianity vague and indefinite), it is humbly proposed to the Assembly to give some pre- cise direction and definition of such a profession for the information of 84 6QQ THE DIRECTORY FOR WORSHIP. its ministers. In answer to the above reference, the Assembly judged it unnecessary, and perhaps impracticable, to deliver rules more explicit than those contained in the standards of our Church ; but should cases of difficulty arise, they must be decided respectively, according to their own merits, before the proper judicatories. — 1794, p. 91. d. Our Confession of Faith recognizes the right to baptism of the in- fant children only of such parents as are members of the Church. — 1843, p. 180, O. S. IV. Before baptism, let the minister use some words of instruc- tion, respecting the institution, nature, use, and ends of this ordi- uance ; showing. That it is instituted by Christ ; that it is a seal of the righteous- ness of faith ; that the seed of the faithful have no less a right to this ordinance, under the gospel, than the seed of Abraham to cir- cumcision, under the Old Testament; that Christ commanded all nations to be baptized ; that he blessed little children, declaring that of such is the kingdom of heaven ; that children are federally holy, and therefore ought to be baptized ; that we are, by nature, sinful, guilty, and polluted, and have need of cleansing by the blood of Christ, and by the sanctifying influences of the Spirit of God. The minister is also to exhort the parents to the careful perform- ance of their duty; requiring, That they teach the child to read the word of God ; that they in- struct it in the principles of our holy religion, as contained in the Scriptures of the Old and New Testament; an excellent summary of which we have in the Confession of Faith of this Church, and in the Larger and Shorter Catechisms of the Westminster Assembly, which are to be recommended to them, as adopted by this Church, for their direction and assistance, in the discharge of this important duty; that they pray with and for it; that they set an example of piety and godliness before it, and endeavor by all the means of God's appointment, to bring up their child in the nurture and admonition of the Lord. 1. Parents required to Enter into Engagements. The following question, through the Committee of Overtures, was read, viz. : AVhelher, besides requiring of parents dedicating their children to God in baptism, an express acl<;nowledgment of the duties of parents, and rec- ommending to them the observance thereof, it siiould be considered as essential to require that they come under an explicit vow or solemn en- gagement also to perform those duties ? whereupon the Assembly Resolved, Tliat an answer to this question is contained in the Directory for Public Worship of this Church, under the head of the Administra- tion of Bai)tism, which requires an express engagement upon the part of parents. — 1794, p. 89. OF THE ADMINISTRATIOX OF THE LORD's SUPPER. 667 Y. Then the minister is to pray for a blessing to attend this ordi- nance ; after which, calhng the chikl by its name, he shall say, " I baptize thee, in the name of the Father, and of the Son, and of the Holy Ghost." As he pronounces these words, he is to baptize the child with water, by pouring, or sprinkling, it on the face of the child, with- out adding any other ceremony : and the whole shall be concluded with prayer. Although it is proper that baptism be administered in the presence of the congregation ; yet there may be cases when it will be expedi- ent to administer this ordinance in private houses; of which the min- ister is to be the judge. Mode of Baptism. Is it expedient, in the present state of the Church, for a Presbyterian minister to baptize by immersion in any case ? The Confession of Faith, chap, xxviii., sec. iii., teaches as follows, viz. : Dipping of the person into the water is not necessary ; but baptism is rightly administered by pouring or sprinkling of water upon the person. Your Committee see no cause for adding anything to the doctrine of the Confession on this subject. Adopted. — 1834, p, 433. CHAPTER VHI. OF THE ADMINISTRATION OF THE LORD'S SUPPER. I. The communion, or supper of the Lord, is to be celebrated frequently; but how often, may be determined by- the minister and eldership of each congregation, as they may- judge most for edification. 1. "Where there is no Church Organized. a. It was moved that the restriction laid by the last General Assembly on our missionaries, which confines them to administer the ordinance of the Lord's Su))per in such places only where there are church officers retjularly appointed, be repealed, and it is hereby repealed accordingly. — 1798, p. 146. 2. Not Usually in the Bounds of a Congregation -without Consent. "While the Assembly, as a general principle, disapprove of the admin- istration of the sacraments, by one of their ministers, within the bounds of a congregation with which he is not connected, without the consent of the minister and session of said congregation ; yet under the peculiar local circumstances of the people among which ]\Ir. ]\Iaccalla occasionally^ ad- ministered ordinances, the Assembly cannot decide that he deserves cen- sure. Therefore, Resolved, That the decision of the Synod of Kentucky, affirming a decision of the Presbytery of Ebenezer in regard to the com- 668 THE DIRECTORY FOR WORSHIP. plaint of the Rev. Mr. Dobbins, against the Rev. Mr. Maccalla, be, and it hereby is affirmed. — 1824, p. 124. 3. "Where a Minister may Statedly Preach he may Administer the Lord's Supper. The Judicial Conimissiou appointed to hear and try an appeal and complaint of the church and congregation of Mifflinburg against the action of the Synod of Phihidelphia, on the appeal and complaint of the Rev. Isaac Grier, D. D., beg leave to report : That they have issued the case pro forma, according to the directions of the Book of Discipline in the case of appeals and complaints, and after a full hearing, do unanimously adjudge: 1st. That the decision of the Synod of Philadelphia, affirming the right of Rev. Mr. Grier to preach in Mifflinburg to the people of his charge, be approved and confirmed. 2d. That the restriction preventing him from administering the Lord's Supper in JNIifflinbui-g, except under extraordinary circumstances, be removed. — 1870, p. 31. 4. Administered in a Private House in Sickness. Overture No. 12, from the Central Presbytery of Philadelphia, asking the Assembly to decide wliether, in no case of sickness or of conversion, however peculiar, the session of a church is not at liberty to administer the Lord's Supper in a private house. Tlie Committee recommend the following minute: The standards of our Church are clear in their teaching, that the Lord's Supper is not to be received by any one alone, yet, in cases of protracted sickness or a})proaching death, when the desire is very strongly urged by a member of the church, to enjoy the administration of the Lord's Sup- per, a pastor, having duly admonished the applicant that such ordinance, however a source of spiritual comfort, is not, in such cases, an imperative duty, or indispensable to salvation, may, with a member of his session, and such communicants as may appropriately be permitted to partake in such solemnity, proceed to administer this sacrament — a minute of every such act to be entered on the records of session. The recommendation was adopted. — 1863, p. 37, O. S. [For answer as to question on the authority of ruling elders to admin- ister sealing ordinances, see above, chap, vii., sec. i.] II. Tlic ignorant and scandalous are not to be admitted to the Lord's Sui)per. III. It is proper tliat ])ul)llc notice shonld be given to the congre- gation, at least, the Sabbath before tlie administration of this ordi- nance, and that, either then, or on some day of tlie week, the people be instructed ih its nature, and a duo preparation for it; that all juay come in a suitable manner to this holy feast. IV. When the serrnou is ended, the minister shall show, That this is an ordinance of Christ; by reading the words of in- stitution, either from one of the evangelists, or from 1 Cor., xi. chap- ter ; which, as to him may appear expedient, he may explain and apply ; that it is to be observed in remembrance of Christ, to show OF THE ADMINISTRATION OF THE LORD's SUPPER. G69 forth his death till he come; that it is of inestimable benefit, to strengthen his peoi)le against sin ; to support them under troubles ; to encourage and quicken them in duty ; to insj>ire them with love and zeal; to increase their faith, and holy resolution ; and to beget peace of conscience, and comfortable hopes of eternal life. He is to warn the profane, the ignorant, and scandalous, and those that secretly indulge themselves in any known sin, not to approach the holy table. On the other hand, he shall invite to this holy table, such as, sensible of their lost and helpless state of sin, depend upon the atonement of Christ for pardon and acceptance with God ; such as, being instructed in the gospel doctrine, have a competent knowledge to discern the Lord's body, and such as desire to renounce their sins, and are determined to lead a holy and godly life. 1. The Ignorant or Scandalous Excluded. Such as are found to be ignorant or scandalous, notwithstanding their profession of the faith, and desire to come to the Lord's vSupper, may and ought to be kept from that sacrament by the power which Christ hath left in his Churcli, until they receive instruction, and manifest their reform- ation.— Larger Catechism, quest. 173. 2. Not the Custom to Invite those ^who have not Professed Christ. Overture No. 42, asking if it accords with the spirit and usage of the Presbyterian Church, to invite persons, believers, not members of any evangelical church, to pailake of the Lord's Supper. The Committee recommend the reply, that " it is not in accordance with the spirit and usage of the Presbyterian Church to extend such invitations." Adopted. — 1872, p. 75. V. The table, on which the elements are placed, being decently covered, the bread in convenient dishes, and the wine in cups, and the communicants orderly and gravely sitting around the table (or in their seats before it), in the presence of the minister; let him set the elements apart, by prayer and thanksgiving. The bread and wine being thus set apart by prayer and thanksgiv- ing, the minister is to take the bread, and break it, in the view of the people, saying, in expressions of this sort : " Our Lord Jesus Christ, on the same night in which he Avas be- trayceople. The Committee recommeud, that the Assembly reply to the above over- ture as follows : The matters, in view of which the Presbytery of Genesee ask a revision of the Directory for Worship, are mainly such that, according to our Con- stitution, it is already competent to every church to regulate them for it- self, agreeably to its own views of what will Ix^st promote its growth and spiritual welfare. The Directory for Worship expresses the opinion of the Church, that the evenings of the Lord's day, after public worship, should be sacredly reserved for the religious instruction of children by their parents. (See chap. XV., sec. v.) The Sunday-school, like all the religious institutions and agencies of each individual church, is, and ought to be, under the watch and care of the session ; and should be regarded, not as superseding, but as co-oper- ating with, the entire system of jiastoral instruction, tlie responsibilities of which it should not in any manner diminish. There is nothing in our Constitution which prescribes the number of public services to be held on the Lord's day, or which restrains any church THE DIEECTORY FOR SECRET AND FAMILY WORSHIP. 705 from appropriating to the Sunday-school such a portion of the day as may seem to them desirable. The peculiar position of baptized children as members of the church, to be, as members, trained in all Christian virtues and duties, is so ex- pressly set forth in our standards, that no revision of them could present it with greater clearness, or in a more authoritative form. (See Confes- sion, chap. XXV., sec. ii.; Larger Catechism, ques. 166; Form of Govern- ment, chap, ii., sees, ii., iv.; Book of Discipline, chap, i., sec. vi.; Direc- tory for Worship, chap, ix., sees, i.-iii.) The Assembly, therefore, judge that no necessity demands the revision which is asked for, and simply recommend to the churches to conform their ideas and usages to our own standards. — 1863, pp. 240, 241, N. S. 3. Catechetical Instruction Enjoined on Parents, It was unanimously — Resolved, That the Assembly hereby most earnestly remind parents and others of the duty of catechising children and youth, and enjoin this duty upon them, as one whose performance no instruction that children receive in the Sabbath-school or elsewhere, outside the family, can supersede or Bupply.— ]870, p. 123. 89 INDEX. Abbot, C. J., Case of, 518, 559. Ability of Will, 218, 226, 228, 309. Absence of Accused, 505-510, 563. of Appellant, 583-586, 595. of Records, 557, 570, 590, 591, 595. of Testimony, 590. of Papers, 590, 591. Absent Parties, Trial of, 506-510. Rights of, 520, 521, 523. Church Members, 625-627. Absentees from Church Courts, 194, 198, 199. from Ordinances, 493, 494, 569, bio, 62o, 626. Abstinence, Total, 486, 487. from Ardent Spirits, 301, 484, 485. Accused, Arraignment of, 501. Absence of, 505, 506-510,_563. Conference with, 503, 525. Citation of, 118, 501, 503, 510, 524. Counsel for, 505, 507, 513, 570, 581, 584. Rights of, 502-511, 513, 517, 519, 523, Accuser in Judicial Cases, Individual, 500, 521. Common Fame, 118, 208, 500, 521, 529, 540, 541, 563, 568. Duties of, 502, 522. Actual Process, 500-517. Adam, Sin of, 220, 227, 229. Man's Relation to, 227-229. Adams, William, 685, 686. Administration of Baptism, 658-667. OF Lord's Supper, 667-671. Admission to Sealing Ordinances, 671- 678. Admonition to Accuser, 500. to the Court, 208, 538, 562, 569. Jiidicial, 127, 192, 222, 496, 512, 525, 546, 574, 589. Adopting Act, 46, 47. Adoption of the Standards, 45, 51, 52. Required, 54, 57. Adultery, 682-685. Affinity, Degrees of, 685-693. Elective', 135, 231. Age of Infancy, 658, 664, 665, 691. Agency of the Spirit, 224, 228, 230, 319. Moral, 218, 226, 228, 309. Agreement of Parties, 417, 420. Almsgiving, 316. Alternates, 131, 466-468. Amendments of the Confession, 327, 328. of the Constitution, 51, 325, 330. to Motions, 206. Amusements, 476-480. Andrews, Edward, 169, 544. Andrews, Josiali B., 589. Apostles' Creed, 671. Appeals, Of, 548-593. Distinguished from Complaint, 548. Who may Appeal, 548. Subjects of, 548-552. Postponement of, 512, 558-560, 585, 591. Sequence of, 555, 556, 603. Bar to, 557-560. Limitation of time to, 552, 553, 557, 595 Order of Issuing, 552, 560-566, 569, 570. The Decision, 567-583._ Abandonment of, 583-586. Protest on, 583-585. Who may Vote, 579, 586, 607. Operation of, 589, 590. Duty of Judicatory in, 590, 591. Duty of Appellant, 552, 554, 557, 583. Original Parties in, 552, 563, 580, 592, Informalities in, 551-556. Personal Attendance, 584-586, 595. Appellant, Rights of, 511. Spirit of, 589. Abbott, C. J., 518, 559. Adams, William, 685, 686. Andrews, Josiah B., 589. Arthur, William, 505, 571. Atwater, James, 571. Baldwin, C. H., 585. Barnes, Albert, 226, 227, 588-592. Bell, Beniamin, 553, 557. Bell, Joseph E., 566, 570. Bergen, Church of, 553. Birch, Thomas L., 151, 549, 550. Bloomington, Church of, 498. Bourne, George, 496, 555, 567. Boyd, Samuel, 521. Bradford, Thomas, 572, 582. Breckinridge, Robert J., et al., 596. Bushnell, Pope, 590. Chamberlain, Hiram, 572. Council, Joseph, 150, 420. Cooperstown, Church at, 556. Craighead, Thos. B., 223, 226, 554, 577, 583. Cross, A. B., 588. Davis, Wm. C, 191. Davis, R. ^i., 585. Dobbins, Robert B., 572. Frazer, A. G., 534. Frazer, Alexander, 493, 563, 567. Gordon, Alexander, 493, 567. Gordon, John, 568. Hamilton, Duncan, et ux., 559. Hawes, Newton, 572, 584. Hill, Maria, 564. Hotchkiss, G. A., 493. Hummer, Michael, 550. 707 (08 INDEX. Hudson, Presbytery of, 540. Loekwood, L. K., 554, 565. Lowrey, Samuel, 123, 533, 554, 560, 570. McCalla, ^\m. L., 522. JIcQueen, Archibald, 688. JIartin, John W., 558. Mitiiinsburg, Church of, 565, 600. Miller, Silas, 552, 567. Price, David, 127, 496. Rice, Matt. II., 555. Kockafeller, et al., 552. Bollins, John, 581. Sheldon, George, 685. Skinner, John, 574. Snodgrass, James, 585. Spillman, J. H., 502. Taylor, James, 585. Tocld, John, 576. Turbitt, John, 556, 560. Wilson, Joshua L., et al., 592. Worrell, T. F., 533,_5_68, 580. Yale, Charles, 553, 556. Ardent Spirits, Abstinence from, 484, 485. Manufacture of, 487, 495. Traffic in, 487, 490-495, 675. Arianism, 308. Anninianism, 308. Assembly, Genekal, Of the, 200-336. Mode of Dissolving, 332. Atonement of Christ, 227, 230. Austin, David, 160. Authority of Confession, 54. of Jsotes on, 52. Balch, Hezekiah, 220-222. Baldwin, C. H., 585. Baptism, Adjuxistkation of, 658-667. Who may Baptize, 658, 659. Romish Baptism, 660-663. Subjects of, 61)3-665. Formula of, 666. Mode of, 667. of Adults, 129,_130, 677, 678. of a (Juaker, 677. on a General Profession, 677. Baptized, Care over, 671. Relation of, to the Church, 497, 644, 665, 671. Discipline of, 671, 672. Instruction of, 640-645, 671, 673. Barnes, Albert, 226, 227, 544, 545. Beecher, Wm. II., 576, 606. Bell, Benjamin, 553, 557. Bell, Joseph E., 566, 570. Benevolence and Finance, 455. Betting, 301, 480. Bigamy, 682, 683. Bills and Overtures, Com. of, 213. Birch, Thomas L., 151, 549, 550. Bisuors OK Pastoks, 112-114. Board of Education, 353-364. Charters of, 354, 355, 359, 360. Constitution, 356-358. Rules of, 361-363. Board of :Missions, 423, 424. of Home Missions, 426-430. Charters of, 425, 427-430. Board of Foreign Missions, 430^33. Constitution of, 430. Charters of, 432, 433. Board of Publication, 433, 4tl. Charter of, 441. Board of Church Erection, 442^4^. Plan of, 443-447. Charters, 447, 448. BOOK OF DISCIPLINE, 475-629. Chap. I., Sec. 1., II., III., 475-495. IV., 495. " " v., 495-496. " " VI., VII., 497. Chap. II., Sec. I., II., III., 497-498. IV., v., 498. Chap. III., Sec. I.-VI., 499. Chap. IV., Sec. I.-IV., 500. v., 501. VI., VII., 502. " " VIII., 502, 503. " " IX., X., 503, 504. " " XI., XII., 505, 506. " " XIII., 506-510. XIV., XV., 510, 511. " " XVI., 511, 512. XVIL, 512, 513. XVIII., 513. " XIX., XX., 513. " " XXL, XXIL, 513, 514. " " XXIIL, 515-517. Chap, v.. Sec. L, IL, 517-519. " " III., 519,520. " " IV., 520, 521. " " v., VI., 521. « " VII., 522-524. " " VIIL, IX., 524, 525. " " X.-XIV., 525. " " XV., XVI., 526-528. " " XVIL, 528. Chap. VI., Sec. L, IL, 528. " " III.-VL, 529. " " VII.-IX., 530. " " X.-XV., 531. " " XVI., XVIL, 532. Chap.VII.,Sec.I.,IL, 532-534. " " Sixb-Sec. I., 534-536. " " " II.,537. " " " III., 537-540. " " "IV.,V.,540. " " " VL, 541, 542. " Sec. II., Sub-Sec. I., 542, 543. « " " IL, 543, 544. « " " III., IV., 544, 545. " " " V.,VI., 545, 546. « " • " VII.,VIII.,546. '< " " IX., 547. " Sec.III.,Sub-Sec.I.,II.,548. " " " III., 548-552. « " " IV.,V., 552-554. « << " VL, 55.5-557. << '< " VII., 557-560. << '< " VIIL, 560-565. « " " IX., 566, 567. " " " X., 567-583. " '< " XL, 583-586. « " " X I L, 586-588. " " " XIIL, 588,589. " " " XIV.,XV.,589,590. « " " XVL,590,591. « " " XVIL, 592, 593. " Sec. IV., Sub-Sec. L, 593, 594. « «' " IL, 594-602. « " " III., 602-605. « " " IV., 605, 606. a « " v., 606, 607. INDEX. 709 Chap. VII., Sec. IV., Siib-Sec.VI., VII., 607. Chap. VIII., Sec. I., 007. II., 608. " " III., 608, 609. IV., 609. " " v., 610. " VI.-VIIL, 610-611. Chap. IX., Sec. I., 611-613. " II.-V., 613. " " VI., 614, 615. " VII., 616. Chap. X., Sec. I., 616, 617. " II., 617-620. " III., 620, 621. " IV., 622. Chap. XI., Sec. I., 622-625. " II., 625. " III., 625-627. " " IV., 627, 628. " " v., 628, 629. Boundaries of Synods, 71, 92, 182-188. of Presbyteries, 71, 92. Bourne, George, 496, 518, 527, 543, 555, 567. Boyd, Samuel, 521, 567. Burial of the Dead, 695. Bushnell, Pope, 590. Call, Form of a, 405, 406. how Subscribed, 409. how to Prosecute, 409, 416, 417. Candidates, Of Licensing, 352-402. Examination of, 310, 361, 366, 397, 398. must Adopt Standards, 46, 49, 411. be Liberally Educated, 310, 366, 369. Time of Study, 398, 399. When Eeceived, 361, 365, 366. by What Presbytery, 364. by wliom Licensed, 145, 364, 365. Trials for Licensure, 397, 398. Licensure of, 399. Transfer, 400. Card Playing, 477-480. Casting Vote, 142, 204, 460. Catechisms, Adopted, 45, 48, 51. Part of the Standards, 55, 56, 91. to be Taught, 56, 642, 671, 673, 703. Standard Copy, 56. Heidelburg, 56. Caiition in Receiving Chai'ges, 500. Censure, Church, Mode of Inflict- ing, 678-681. Admonition, 127, 192, 222, 496, 512, 525, 546, 574, 589. Suspension, 116, 160, 493, 501, 524, 556, 565, 566, 568, 570, 571, 679, 687, 688. Deposition, 148, 159, 161, 496, 518, 525, 550, 556, 560, 567, 576, 581, 684, 685. Excommunication, 128, 494, 502, 512, 527, 556, 568, 571, 575, 581, 679, 680, 687. Without Trial, 494, 501, 502, 511, 524, 573, 581. Without Citation, 501, 510, 524. Disproportionate, 496, 569, 573, 574. Unconstitutional, 192, 537, 571, 572, 573, 575. of Informants, 498. of Lower Courts, 151, 502, 505, 511, 515, 516, 537-540, 549, 553, 555, 575, 588, 589, 591. Censure, Removal of, 159, 504, 512, 526, 573, 527, 571, 581, 680, 681. must be Recorded, 537, 560. Certificate of Good Standing, 130, 622, 625. of Dismission, 351, 493, 569, 622, 625. Return of Unvised, 124, 352. Chairman of Committee, 206. Challenge of Witnes.ses, 529. Chaplains, 164, 165. Charge at Ordination, etc., 346, 348, 412, 418. Charges, Tabling of, .501, 503, 524, 541. must be specific, 502, 503, 577. Charter of Trustees of the Assembly, 333- 335. of Board of Education, 354, 355, 359, 360. of Board of Home Missions, 425, 427- 430. of Board of Foreign Missions, 432, 433. of Board of Publication, 441. of Board of Church Erection, 447, 448. of Presbyterian House, 456. Charters, Church, Of, 108, 109. Children, Instruction of, 640-645, 671, 673. Christ, Offices of, 309, 310. Righteousness of, 221, 228-230. Church, Of the, 107-111. Members of, 107, 108, 109. Organization of, 107, 108, 172. Officers of the, 112-119. Ordinances in a, 120. Government and Judicatories, 120-123. Relation to the State, 121, 122, 276. Collegiate, 127, 138. Censures, 120, 678-680. Confessious, 129, .542. Withdrawal of a, 172. Dissolution of a, 172. Church Psalmist, 650, 651. Charters, 108, 109. Bethuel, 674. Citation, How Attested, 502. of Accused, 118, 501, 503, 510, 524. of Witnesses, 501, 502, 519, 524. of Congregation, 416, 417, 419. of Judicatories, 525, 541. Second, 503, 504, 505, 525, 578. Civil War, The, 235-245. Clapp, Theodore, 112, 160. Clerks, Of, 461, 512. Duties of, 206, 461. 502. of the Assembly, 208-211. Collins, Aaron C, 526. Commencement of Process, 141, 501, 524, 541 , Commission, Form of, 468. Absence of, 202, 469, 470. Irregularities in, 469, 470. Commissions, Committee on, 202, 463. Judicial, 521, 564, 565, 567. for Taking Testimony, 520, 531. Commissioners to the General As- sembly, 462-474. Ratio of, 211, 212. When Elected, 463. Irregularity in Electing, 463, 464. Attenthmce of, 465. Alternates, 466-468. from New Presbyteries, 465, 466. Excluded Pending Action, 277, 332, 525. Expelled, 277, 278. Fund, 470-474. Committee, How Appointed, 205. 710 INDEX. Committee, Chairman of, 206. of Prosecution, 208. Committees, Standing, viz. : on Elections, 202, 463, 464, 469. on Commissions, 202. on Bills and Overtures, 213. on Judicial, 208, 214, 564. on Polity of the Church, 214. on Home Missions, 214. on Foreign Missions, 214. on Education, 214. on Publication, 214. , on Church Erection, 214. on Theological Seminaries, 214. on Ministerial Relief, 214. on Freedmen, 214. on Sustentation, 214. on Corresijondence, 214. on Benevolence, 455. on ilileage, 216. on Finance, 216. on Narrative, 214. on Devotional Exercises, 216. on Leave of Absence, 215. Committees, Permanent, viz. : on Ministerial Relief, 448-451. on Home Missions for Freedmen, 451, 452. Committees on Reunion, 60, 67, 00. Reports of, 61-65, 67-77, 90-94. Common Fame, 118, 497, 518, 529, 565, 568. Prosecutions under, 208, 500, 521, 540, 541, 563, 593. Communion, Admission to, 671-678. Exclusion from, 481, 503, 512, 527, 679. Terms of, 44, 307, 487, 495. Competency of Witnesses, 528. (,'OM PLAINTS, Of, 593-607. Distinguished from Appeals, 593, 594. How Brouu'ht, 593, 609. Order of Issuing, 522, 560. ■yVhat is a Complaint, 594. By Whom Brought, 594-606, 609. Subjects of, 595, 602-605. Notice to be Given, 605. Effect of, 606. Dismissed, 59^-602. Cases of, viz. : Baird, James H., et al., 351. Birch, Thomas L., 151, 549, 550. Bird, Thompson, 684. Beecher, Wm. H., et al., 576, 606. Breckinridge, R. J., ct al., 405, 596. Carson, W.^P., 420, 600. Cathcart, Robert, 592. Church at New Orleans, 160. 7th Cincinnati, 5()4, 573. 5th Philadelphia, 582. Park, 596. Clark, J. T., et al., 338. Cochran, John, 553, 556. Council, Joseph, 150. Cook, Charles .J., 595. Cowan, Alex. U., 580, 603. Davidson, J. W., et al., 522. Dobbins, Rol)ert P.., 572, 623. Duftield, (jeorge, 151. Farris, Robert P., 601. Finley, Roberts., ctal., 514, 575, 587, 592! Fislier, James P., 605. Green, Ashl)el, 115. Guild, William B., 193, 350, 514. Complaints, Cases of, Guy. Alexander, 601. Hindman, Francis, 144, 501, 549, 612. Houston, Samuel, et al., 584. Hynes, T. W., et al., 343. Irvine, D. W., 601. Junkin, George, 516. Kern, Christopher, et al., 580. Kirkpatrick, J., 516. Knox, Franklin, 577. Livelev, W. M., 585. McDowell, W. S., 192. Mclver, Colin, et al., 596, 605. 688. McPheeters, S. B., 174. Mack, John, 511, 524. McKinnej^, D., et al., 556. McQueen, Archibald, 596. Metcalf, A. D., et al, 548. Miller, Alexander, 524. Monfort, J. G., 591. Nevin, Alfred, et al., 344, 345, 558. Nichols, S. J., 601. Perkins, W., et al., 574. Rice, M. H., 555. Russell, James, 591, 600. Sawyer, E. N., et al., 685. Shepherd, Smiley, 172, 591. Smiley, James, 561, 562, 579, 615. Smith, J. Y., 338. Strong, George P., et al., 558. Tiirbitt, John, 603. West, Nathaniel, 493, 569, 627. V/heeler, Edwin, et al., 558. White, W. M., 556. Presbytery of Blairsville, 341. of Carlisle, 512, 573. of Oxford, 511. of Philadelphia 3d, 557. of Cincinnati, 564. of St. Clairsville, 600. Synod of Kentucky, 563. Concurrent Declarations, 92. Confession of Faith, Authority of, 54, 96. Adopted, 45, 51, 96. Mode of Adopting, 47, 50, 91. How Amended, 326-328. of Guilt, Effect of, 525. of Heresy, 128, 505. Congregation, Vacant, 461, 462, 528. Organization of, 107, 108, 173. Transfer of, 175, 187, 188. Consanguinitv, Degrees of, 685-693. Conscience, Rights of, 43, 44, 48, 276, 306. Consent of Parties, 417, 564, 565. Constitution, Adopted, 51, 52. How Amended, 325-329. Notes to, 52. Constitutional Rules, 325. Continuance of Case, 585. Contumacious Acts, 120, 504, 532, 578. Contumacv, 503-505, 525, 571, 578. Proceedings in, 504, 505. 506-510, 525. Conversion, Agency of the Spirit, 224, 228, 230, 319. Evidence of, 49. Correction of Error, 533. of Records, 535. Correspondence, 267, 268-270. between O. S. and N. S., 56-61. with New England Churches, 268, 270. with Southern Presbyterian Church, 273-275. Committee on, 214. INDEX. 711 Corresponding Bodies, 276, 277. Members of Session, 124. of Presbytery, 180. of Synod, 191, 198. of Assembly, 212, 213. Counsel for Accused, 505, 507, 513, 570, 581, 584. for Complainant, etc., 514, 552. Eiglits of, 514. Professional, Excluded, 513, 514. Covenant of Worlis, 222. of Grace, 218, 219. Church, 129, 542. Craighead, Thomas B., 223-226, 503, 526, 577, 583, 586. Credibility of Witnesses, 528, 529. Critical Exercise, 398. Cross, John, 416. Cross-Examination of Witnesses, 530. Cumberland Presbyterians, 660. Dancing, 301, 476-480. Schools, 477. Davis, William C, 191, 192, 222, 223, 677. Day, Dr. S. F., 351. Deacons, Of, 118, 119. Electing and Ordaining of, 108, 337- 352. Death of Respondent, 548. Decision, Judicial, 567-583. must be Respected, 539. Confirms the Court below, 115, 150, 174, 344, 420, 493, 494, 521, 522, 552, 567, 568, 614, 667, 684, 685, 688. Confirms in Part, 192, 339, 549, 567, 573, 674, 581, 589. Eeverses, 123, 226, 351, 403, 493, 496, 505, 563, 568, 571, 572, 581. Reverses in Part, 339, 569, 570, 573, 574. Remits for New Trial, 563, 576, 612, 614. Remits, with Instructions, 226, 512, 518, 519, 527, 554, 576, 577, 579, 580, 603, 604, 687. Sustains pro forma, 193, 339, 350, 523, 572 574. ' Dismisses,' 173, 420, 551-553, 557, 558, 583_, 584, 596, 600, 605, 606. Dismisses, without Prejudice, 555, 601. Dismisses, witli Leave, 498, 502, 554, 580, 586. Postpones, for Records, etc., 512, 558, 591. Postpones, by Request, 559, 560, 585. Remands, 555, 556, 588. Leave to Withdraw, 558, 561, 593, 596, 601, 604. Suspends, in Absence, etc., 561. Restores the Censured, 568, 571, 582. Declaration of Trust, 458. and Testimony, 604. Decrees, Divine, 219. Deliverances, On Doctrine, 218-230. on Moral Questions, 475-482. on Temperance, 483-492. on State of the Countiy, 235-245. Demission of the Ministry, 162, 165-169, 605. Deposition from the Ministry, 148, 159, 496, 518, 525, 550, 556, 560, 567, 576, 581, 684, 685. Deposed, Standing of, 527, 528. Restoration of, 159, 496, 518, 526, 527, 556, 576. Ministrations of, 660. Jurisdiction over, 518, 526, 527, 571, 618. Publication of, 161, 528. Desecration of Sabbath, 322-325, 633, 639, Desertion, Willful, 683-685. Devotional Exercises, Committee on, 216. Digest, 3-6. DIRECTORY FOR WORSHIP, 631-705. Chap. I., Sec, L, 631-633. " " II., 633-639, " III.-VL, 639-645, Chap. II., Sec. I., II., 646. Chap. III., Sec. I.-IIL, 646, 647, Chap. IV., Sec, I., 647-651, " " II., 651-654, " III., IV., 654. Chap, v.. Sec. I.-IV,, 655, 656. Chap. VI., Sec, I., II., 657. " III,-VI., 658. Chap. VII., Sec. I., 658-663, " II., III., 663-666. " " IV., 666. " v., 667. Chap. VIII., Sec. I., 667, 668. " II.-IV., 668, 669, " V,, VI., 669-671, Chap. IX., Sec, I., 671-674, " " IL, III., 674-677, " " IV., 677,678, Chap, X., Sec. I,-VIIL, 678-681, Chap. XL, Sec, I., II., 681, 682. " " III., 682-691. " IV.-VIIL, 691-693. Chap. XII., Sec. I.-X., 694, 695. Chap. XIII., Sec. L, IL, 695. Chap. XIV., Sec. I.-IV., 696-701. V.-VIIL, 702. Chap. XV., Sec. I.-V., 702-705. DISCIPLINE, BOOK OF, 475-629. General Peinciples op, 475-497. Discretion of Courts, 151, 419, 505, 550, 597. Not Subject to Review, 533, 580. Years of, 674. Dismission, Letter of, Efiect, 351, 352, 617, 619, 625, 627. of Ministers, 150-154, 588. of Communicants, 622, 623, 626. of a Suspended Member, 623. by a Committee, 154, 155. Return of, 352. Dissent and Protest, 607-611. Dissolution of Pastoral Relations, 417, 419-421. of the Assembly, 332. Divorce, 494, 682, Grounds of, 683, Divorced, Marriage of, 684, 685, Doctrinal Purity, Letter on, 306-313. Doctrine, Deliverances on, 218-232. Dueling and Duelists, 481, 675. Duflield, George, 151. Dushane, Anthony, 686. E Education for the Ministry, 353-399. Board of, 353-364. 712 INDEX. Education, Committee of, 355, 356. Liberal, Required, 366, 367. Waived, 368, 369. Popular, Perils of, 278-280. Elders, Ruling, Of, 114-118. Care in Choosing, 311. Election of, 108, 115, 337-352. Electors of, 341, 342. Disuse of Office of, 170, 231. Installation of, 346-348. Office of, Perpetual, 112, 348. Ordination of, 108, 124, 337-352. Mav Cease to Act, 125, 171, 349, 350. Rffusiuij to Act, 125. Qualitications of, 311, 337, 339, 340. Rule Only Where Elected, 115, 123, 124, 337, 339, 340. Rights and Duties of, 115-117, 124, 131, 139, 140, 170, 462, 663. Term of Service, 342, 345-349. Without Charge, 115, 349. Suspended, 116. Restored, 116. EldersliiiJ Essential, 115. Electing and Ordaining Elders and Deacons, 337-352. Election and Ordination of Pastors, etc., 403-415. Wlio may Call, 338, 403. Election of Moderator of Assembly, 202. of Trustees of, 334, 335. Election, Decree of, 219, 227, 229. Elective Affinitv, 135, 231. Electors of Elders and Deacons, 341, 342. of Pastors, 404, 405. Error in Decision, 575, 576. Correction of, 533, 586. in Records, how Amended, 535. Evangelists, Ordination of, 231, 412^15. Evidence under Oath, 531, 579. the Best Required, 533, 560, 561. of Notice of Appeal, 552-554. of Complaint, 605, 606. Evil Reports, Spreading of, 498. Examination of Candidates, 310, 361, 366, 397, 398. of Ministers, 150-153. Exceptions to Records of Synod, viz. : Albany, 157, 180, 197, 198, 538, 539, 609. Arkansas, 189, 198. Buffalo, 119, 193. Cincinnati, 192, 193, 195, 198, 536, 537, 538, 566. Columbus, 131, 194, 197. Genesee, 128, 192, 587. Geneva, 140, 161, 193, 527, 537. Georgia, 566. Illinois, 191, 195, 198, 199, 517. Indiana, 179, 181, 538, 567. Kentucky, 193, 198, 536, 539, 547. Michitian, 181. Minnesota, 193. Mississippi, 179, 199, 462. Missouri, 539. New York, 199, 548. North Carolina, 189, 191, 193. Northern Indiana, 196. Ohio, 123, 194, 515, 538, 539. Onondaija, 195, 515, 538. Pennsylvania, 193, 198, 515, 538. Peoria, 189, 198, 199. Exceptions to Records of Svnod, Philadel- phia, 145, 194, 199, 529, 537, 538. Pittsburg, 131, 193, 194, 195, 337, 495, 515, 537, 675. Sandusky, 194, 611. Tennessee, 138, 193, 198. Utica, 553. Virginia, 198, 555. Wabash, 197, 198. Western Reserve, 115. W' heeling, 538. AVisconsin, 195, 196, 197, 198, 535. Exceptions must be Recorded, 537, 538. Exclusion from Communion, 503. Pending Process, 613. from Court, 524, 541. of W'itnesses, 529. Excommunication, Of, 527, 680. Form of, 680. Absolution from, 680, 681. Exegesis, Latin, 398. Exjjository Preaching, 657, 658. ExiJulsion of Commissioner, 277, 278. Extinct Church, its Membei-s, 617. Presbytery, 151, 152, 621. Faith, Relation to Regeneration, 223. Agency of the Spirit, 228, 230. Family Worship, 702-705. Family Instruction, 640-642. Training, 673. Fasting and Thanksgiving, Days of, 696-702. and Prayer, 315, 316, 484. before Communion, 670. Ferguson, William M., 277, 278. Finance, Committee on, 2l6. Foreign Jlissions, 430-433. Foreign Ministei's, 155-159. FORM OF GOVERNMENT, 43-474. Chap. I., Sec. I.-VIIL, 43-106. Chap. .1., Sec. I.-IV., 107-111. Chap. III., Sec. I., II., 112. Chap. IV., 112-114. Chap. v., 114-118. Chap. VI., 118, 119. Chap. VII., 120. Chap. VIII., Sec. I., II., 120-123. Chap. IX., Sec. L, 123, 124. " II., 124, 125. " " III., IV., 125-127. " " v., VI., 127-132. " VII., VIIL, 132, 133. " " IX., 133. Chap. X., Sec. I., II., 134-138. III., 138. " " IV., 1.38, 139. " " v., VI., 139. " " VII., 139-144. " " VIII., 144-177. " " IX., 177, 178. " " X., 178, 179. " " XL, 179. « " XIL, 180. Chap. XL, Sec. L, 181-188. " " II., 188-191. " " III., IV., 191, 192. " " v., 193, 194. " " VI., 194-190. Chap. XIL, Sec. I., 200-211. INDEX. 713 Chap. XII., Sec. II., 211-217. ^<< " III., IV., 217, 218. <( " v., 218-325. << " VI., 325-330. « " VII., 330-332. VIII., 332. Chap. XIII., Sec. I., IL, 337-345. ^" " III., IV., 346. « " v., 346-352. Chap. XIV., Sec. L, 352-364. ^" ' " II., 364-366. « " III., 366-397. «' " IV., 397. « " v., VI., 398, 399. " " VII.-X., 399, 400. « " XI., 401, 402. Chap. XV., Sec. I., 403, 404. ^<< " II.-IV., 404, 405. u " v., VI., 405-409. «' " VII.-X., 409. « " XI., 410. " " XII., 410, 411. " " XIII.-XV., 411-415. Chap. XVI., Sec. I., 416. ■^'< " II., 416, 417. << " III., 417. « <' IV.-VIL, 418, 419. Chap. XVII., 419-421. Chap. XVIII., 422-459. Chap. XIX., Sec. I., IL, 459-461. Chap. XX., 461. Chap. XXL, 461, 462. Chap. XXII.,Sec. I., 462-468. « " IL, 468-470. " " III., 470-474. Fraud, EflFect of, 128, 616, 617.^ Frazer, Alexander, 493, 563, 567. Free Agency, 809. Freedmen, Committee on, 451, 452. Funerals, 695. G Gambling, 301, 480. Gaston, James, 690. General Assembly, Of the, 200-336. Formation of, 200. Organization, 200, 203, 330. Rules of Order, 204-208. Officers of, 208-211, 331. Committees of, 213-216. Quorum of, 217. Powers of, 217-329. Dissolution of, 332. Charter of Trustees of, 333, 334. Testimonies of, 227-232, 475-495. Adjourned Mc-tin-s of, 91, 330-332. General Princu'les of Discipline, 475-497. General Review and Control, 534- 540. General Rules for Judicatories, 205-208. Glebe and Parsonage, 406-408. Gloucester, John, 369. Good Standing, 153, 528. Certificate of, 493, 569. Gordon, Alexander, 493, 567. Gospel Plan, Davis, 222, 223. Graham, William, 192. H Hakker, Samuel, 218. Haate, Undue, 571, 578. 90 Hawes, Newton, 572, 584. Heidelburg Catechism, 56. Heresy, Charges of, 218-230, 503, 525. Confession of, 128, 505. Hill, Maria, 564. Hindraan, Francis, 144, 501, 549. Holy Spirit, 224, 228, 230, 319. Home Missions, 422-430. Horse Racing, 301, 480. Hummer, Michael, 159, 550. Husband and Wife, Testimony of, 529. Hymns, Singing of, 647-654. Hymnal, 651, 652. Ignorance of Rules, 559. Immorality, Letter on, 300-302. Impenitent, how Dealt with, 120. Imposition of Hands, 346, 551, 596. Impostor, Ministrations of, 659. Imputation of Sin, 220, 228, 229. of Righteousness, 221, 228, 229. Incestuous Marriage, 685-690. Individual Prosecutor, 500. Infancy, Age of, 658, 664, 665, 69L Infanticide, 494. Infants, Baptism of, 658-667. Salvation of, 221, 229. Infirmity, how Dealt with, 526. Informality, Eflect of, 142, 339, 595. Waiver of, 51^1. ' Censured, 502, 572, 618. Installment of Deacons, 346. of Elders, 346-348. of Pastors, 149, 411-412, 417-419. Instruction of Youth, 640-645. .in Sabbath-schools, 642-644. in Judicial Cases, 577, 579. Insubordination Censured, 539. Intemperance, 483-492. Interlocutory Meetings, 208, 516. Minutes of, 579. Interested Parties, 500, 587. " In thesi" Deliverances, 217, 218, 54o, 597, 598. " In Transitu," 619. Introduction, 3-6. Invalid Acts, 659, 660. Investigation Demanded, 499. Irregular Proceedings, 537, 549, 550, 57/- 579. Irregularity, Technical, 613. Does not Necessarily Invalidate, 142, 338, 339, 524, 549, 624. Eflfect of, 537, 540, 570, 572, 580. Judicatories, The Several Kinds of, 120-123. General Rules for, 205-208. Judicial Committee, 208, 214, 564. Jurisdiction, Of, 616-622. Appellate, 128, 191, 576. Original, 127, 191, 192. of the Session, 127, 128, 192, 500, 616, 617, 62.5-627. of the Presbytery, 118, 159, 517, o20, 621. of SjTiod, 152, 191, 192, 621. of the Assembly. (See Powers of.) over Absent and Unknown, 625-627. 714 INDEX. Jurisdiction, of, over a Suspended Member, 128. over a Dismissed Member, 616, 617. over Deposed Ministers, 518, 526, 527, 571, C18. over Suspended Ministers, 160, 571, 576. over Dismissed Ministers, 616, 617, 619, 622. over Licentiates, 144, 152, 156, 402, 520. Eenunciation of, 169, 620. Justification by Faith, 221, 309. Kent, Judge, Opinion of, 330, 331. Knox, Franlilin, 577. Laing, Robert, 165. Latham, John, 6^9. Lay Preaching, 352, 353. Ordination, 147. Laying on of Hands, 346, 551, 596. on the Table, 206. Law Case, 251-262. Leave of Absence, Committee on, 215. to Withdraw, 558, 561, 593, 596, 601, 604. Letters, The Pastoral, 280-325. to IPresident Washington, 287. from President Washington, 289. to President Lincoln, 238. to David Rice, 367, 368. Letter of Dismission. to Ministers, 150, 154, 588. to Communicants, 622, 623-626. Effect of, 351, 352, 617, 619, 625, 627. Return of, 124, 352. Acknowledgment of, 624. License, Form of, 400. When Recalled, 401. Licensing Candidates, 352-402. Licensure by Other Bodies, 365. Preaching without, 352, 353. of Women Forbidden, 353. Licentiates, Are Laymen, 401, 402. Power of Presbytery over, 144, 152, 156, 402, 420. Powers of Session over, 401, 402. Limitation of Time, Of, 622, 629. of Letters of Dismission, 625. of Certifying to Standing, 493, 627. of Process for Scandal, 628. When it may not be Plead, 628, 629. for Entering an Appeal, 552, 553. for Entering a Complaint, 605. for Prosecuting a Complaint, 557, 558. for Issuing a Complaint, 589, 590. for Entering a Protest, 608. for a New Trial, 567, 570, 579. for Exercising the Veto, 397. of a License, 401. Litigious Spirit, 574, 589. Liturgical Forms, 656. Lockwood, L. R., 554, 565. Lord's Day. See Sabbath, 631-645. Lord's Supper, Administration of, 667-071. Where Administered, 667, 668. By whom, 669. To whom, 668, 669. Lotteries, 301, 480. Louisville Church Case, 247-262. Lowry, Samuel, 123, 533, 554, 555, 560, 570. M McCalla, AVilliam, 130, 622. McClean, John, 144. McCov, John, 145. McDowell, William S., 192, 573. McQueen, Archibald, 527, 596, 605. Magistrates, Civil, 121, 276. Mail, Sunday, 631-633, 675. Marriage, "Solemnization of, 681-693. Bv whom Performed, 402, 681. " In the Lord" defined, 681, 682. Who mav Contract, 682-691. of Parties Related by Blood, 690. of Parties Related by Affinity, 685, 686, 688. Unlawful, 682, 684^688. Clandestine, 691. Formula of, 692. Members of the Church, 107, 108, 671. Absent and Unknown, 625-627. Admission of, 107, 129, 130, 674, 676, 678. Dismission of, 130, 622-«27. Sus2iension of, 128, 572, 616. Who Withdraw, 169. Memorial Fund, 98, 99. Committee on, 100. Report on, 100-105, 106. Memorialize, Right to, 543. Mercer, Boyd, 164. Mileage, Committee on, 215, 216. Minister, Of the Translation of a, 416, 419. Ministers, Ordination of, 403, 410- 412. Installation of, 149, 411, 412, 417-419. Reception of, 147, 148, 152. Foreign, How Received, 155-159. Without Charge, 136, 137, 162-164, 339, 340. Who Withdraw, 160-164, 166. How Restored, 161. Discipline of, 517, 528. Suspended, 159, 160, 524, 526, 527, 557, 565, 618. Deposed, 148, 159, 161, 496, 518, 625, 550, 556, 560, 567, 576, 581. Non-resident, 517, 519. Restored, 159, 496, 518, 556, 576. Unemploved, 176. Ministerial Relief Fund, 448-451, 459. Ministry, Demission of, 105-169. Education for, 353-399. Support of, 406-409. Minutes of Judicatories. to be Read and Approved, 198, 206. How Attested, 198. of Interloquiturs, 579. Missions, Of, 422-459. Mistake, Rectified, 560. Mode of Inflicting Church Censures, 678-680. Mode of Adopting Standards, 50. of Electing Elders, etc., 337, 341-345. of Installing Pastors, 411-412, 417^19. of Installing Elders, 346-348. of Baptism, 667. Moderators, Of, 459-461. INDEX. 715 Moderators, Authority and Duties of, 132, 142, 178, 179, 203, 208, 530. of Church Sessions, 125, 126, 132, 404. of Presbyteries, 178, 459. of Synod, 190, 460. of tlie Assemhly, 201, 203, 460. Vote of, 205, 587, 588. How Chosen, 202. How Installed, 203. Moral Questions, 475-495. Motions, Rules as to, 206. Music, Churcli, 651-653. Control of, 654. N Names of Absentees Recorded, 194, 198, 199. Narrative of the State of Religion 199, 214. Committee on, 214. must be Recorded, 177, 199. New Castle, Presbytery of, 267. New Testimony, Of, 611-616. Trial upon, 544, 554, 556, 612. Efiect of, 568, 614, 616. New Trial, Cases of, 519, 554, 577, 580, 611- 616. Time within which, 567. After Lapse of Time, 518, 544, 612. Sentence, 572. Non-resident Ministers, 517, 519. Communicants, 625-628. Notes on Constitution, 52-54. Notice of Appeal, 552, 554, 578. of Complaint, 605. Evidence of, Required, 553, 554. Failure to Receive, 554. O Oath, Judicial, 530. Testimony under, 531, 579. Obedience of Christ, 222, 230. to the Moral Law, 222. " Offence" Defined, 475, 487-490. Cases of, 475-496, 568, 575, 625-627, 683-691. How Removed, 500-528. Offences, Private, 497, 498. Offences, Public, 499. Officers of the Church, 112. Qualifications of, 44, 307. of the Assembly, 208-211. Order, Questions of, 514, 574, 587, 588, 593. Ordinances in a Particular Church, 120. Sealing, 658-678. Administration of, 117, 119, 658-663, 667, 668. Admission to, 671-678. Ordinary and Perpetual Ofiicers, 112. Ordination of Church Officers, 337- 352, 403-415. Trials for, 410. Questions Proposed, 346, 411, 412. Mode of, 346, 412. of Deacons, 347, 348. of Elders, 337, 346, 347. of Ministers, 411, 412. the Act of Presbytery, 145. by a Commission, 145, 146. "sine titulo," 146, 413-415, of Evangelists, 412. Ordination of Church Officers, Part of El- ders in, 116, 117. Lay, Invalid, 147. Fraudulent, 148. on the Sabbath, 148, 410. by Other Denominations, 147, 148. Organization of Churches, 105, 107, 173. Original Jurisdiction, 127, 191, 192. of Session, 127. Original Parties, Who, 532, 563, 580, 592. in " Common Fame," 593. must be heard, 563, 580. Original Sin, 221, 227-229, 309. Opera, The, 478. Operation of an Appeal, 589, 590. Opinion, Exjjression of, 566. Overtures, Committee on, 213, 547. Pardovan, Authority of, 51. Parents, Duties of, 665, 673, 703-705. Engagements of, 665, 666. Pai-ol Testimony, 560. Parsonages, 406, 408. Pastoral Charge, Resigning of, 419- 421. Pastoral Letters, 280-325. on Missions, 280. on the French War, 281. on the Repeal of Stamp Act, 282. on the Revolutionary War, 284. on the French Revolution, 289. on the Disturbances in Kentucky, 291. on the Sabbath, 294. on Christian Activity, 296. on Prevalent Vices, etc., 300. on Doctrinal Purity, 306. on Revivals, 313. on Restoring the Wastes of the War. 320. ' on Observance of the Sabbath, 322. Pastoral Relation Urged, 113. Dissolved, 150, 419-421. Pastorate, without Installment, 149, 419. Pastors or Bishops, 112-114. Duties of, 113, 114, 645, 671. Election of, 403-405. Who may Vote, 404, 405. Translation of, 416-419. Installation of, 149, 410-412, 417-419. Removal of, 150, 174. Support of, 406-409. Permanent Clerk, 210, 211. Personal Attendance, 584, 586, 595. Permanent Committees, 448-452. Petition, Right of, 542, 543. Plan of Union 1758, 47, 48. Plan of Union 1869, 90-93. Pleadings on Trial, 531, 563. Polity, Committee on, 214. Poor Fund, Control of, 119. Popular Education, 278-280. Postmasters and the Sabbath, G7o. Posture in Prayer, 646. Power, Church, Force of, 44, 120, 506-510. Powers of the General Assembly, 217-332. over Synods, 182-187, 263. over Presbyteries, 134, 135, 182-187, 263-266. over Churches, 187, 188, 266. over Ministers, 182-187, 266. to Receive Churches, 266, 267. 716 INDEX. Powers of the General Assembly, to Cor- resi^ond, l.'(J7-276. to Define the True Judicatories, 246, 247. to Pass on Validity of Elections, 247, 251-262, 248-470. in Discipline, 232-235, 532-607. in Doctrines and Morals, 218-325. to Propose Amendments, 325-328. to Reject Amendments, 328. to Exclude Pending Process, 525. to Expel, 277. Powers of the Synod, 191-193. over Presbyteries, 175, 181, 534, 535. over Churches, 192, 350, 493. over Ministers, 420. in Discipliue, 120, 513, 532-607. Jurisdiction, 152, 191, 192. has no Original, 181, 191, 192, 199, 501. Powers of the Presbytery, 144^177. in Appeals, etc., 144, 500-607. over Candidates, 144, 352, 362, 364, 365, 397-400. over Licentiates, 144, 152, 156, 400, 402, 420, 520. to Ordain, 144, 145-149, 410-515. to Receive Ministers, 147, 148, 152, 155- 159. to Refuse to Receive, 151, 549. to Install Ministers, 112, 149, 403, 410- 412, 415. to Refuse to Install, 149, 408. to Remove Ministers, 150, 174, 416, 419-421, 576. to Judge Ministers, 120, 150, 151-153, 161-163, 602, 517-528, 548-607, 612- 622. to Visit Churches, 170-173, 582. to Review Church Records, 170, 534. to Organize, Unite and Divide, 107, 173. to Order whatever, etc., 174-176, 576. to Remove Elders, 171, 350. to Try Elders, 118. to Restore the Deposed, 159, 518-520, 527. to Restore the Excommunicate, 680. Powers of the Session, 127-133. in Discipline, 120, 127, 192, 495, 505- 507, 546, 575, 581. in Receiving Members, 127, 129, 130, 676-678. in Dismissing Members, 493, 569, 572, 623. over Licentiates, 401, 402. over Members Dismissed, 616, 620. over Members Suspended, 128. over Members Absent, 506-510, 625-627. over Collections, 119, 131, 132. over Church Music, 654. over House of Worship, 109-111, 255. over Sabbath-schools, 643-645. in Election of Pastor, 403. in Election of Elders, 337, 338. in taking Testimony, 120, 498, 502, 532. Praise, Duty of, 316. Pkayer, of Public, 655, 656. in Session, 194, 205. in Presbytery, 179, 205, 208. in Synod, 193, 194, 205, 208. in Assembly, 205, 208, 332. Days of, 216, 315, 696-702. Week of, 701, 702. Prayer, Secret, 702, 703. Family, 703-705. Peeaching of the Woed, Of the, 657, 658. Expository, 657. Method of, 658. Without License, 352, 353. Preliminary Principles, 43-106. Presbyterian House, 456-459. Presbytery, Of the, 134-180. How Constituted, 134, 135. Quorum of, 139-144. Bounds of, 135, 137-139, 231. Members of, 136. Meetings of, 178. Powers of, 144-177. See Powers. ' Previous Question, 206, 207. Price, David, 127, 496, 546. Principals and Alternates, 131, 466-468. Process, Actual, 500-517. Conimc^yment of, 141, 500, 524, 541. Arrested by A])])eal, 589. in < 'ase of Scandal, 628. Process against a Minister, 517-528. Profession of Faith, 129, 130, 667, 678. Professional Counsel, 513, 514. Pro-forma Decisions, 339, 350, 523, 573, 574. Prohibitory Laws, 490. Proof Texts, 52, 53. Pro re nata Meetings, 179, 191. Prosecution, Committee of, 208. Prosecutor, Spirit of, 498, 500. Admonition to, 500. Protests, Nature of, 607-611. Who may Protest, 48, 611. Cases'of,"84, 116, 543. Answers to,. 54, 463, 543, 547, 596, 609- 611, 613. in Judicial Cases, 583-586. Protracted Meetings, 318. Psalms, Singing of, 647-654. David's, 647. Watts's, 647, 648. Rouse's, 648, 649. D wight's, 648, 649. and Hymns, 649, 650. Psalmist, Cliurch, 650, 651. Publication, Board of, 92, 433-441. Committee of, 92, 435-437. Q Questions " in thesi," 217, 218, 545, 554, 597, 598. to Witnesses, 538. "Constitutional," 346, 410, 411, 418. of (Jnl.T, :.14, 574, 587, 588, 593. Quorum, Necessary, 140, 141. Less than, may Adjourn, 140, 189. of Session, 124, 125. of Presbvterv, 139-144, 205, 551. of Synod, bss, 1S9, 205. of General Assembly, 205, 217. R Ratio of Commissioners, 211, 212. Reasons for Api)eal, 553, 555, 564. for Complaint, 605. for Decisions, 194-196, 515, 537, 538, 563, 580. 1 Reception of Members, 231. INDEX. 717 Reconsideration of a Vote, 207. of a Case, 544, 576, 612. Barred by Appeal, 583, 590. Recorded, What must be, 177, 194, 195, 515- 517, 531, 537, 563, 564, 579, 580, 607. Records of Session, 132, 133. of Presbytery, 177. of Synod, 193, 194. Review of, 170, 195, 196, 217, 534, 535- 542. How Amended, 133, 535. Steps in Reviewing, 536, 537, 575. Who may Vote on, 536, 575, 587. Exceptions to, see " Exceirtions." Copies of, 536. In Absence of, 558-560. References, Of, 542, 547. AVhere Proper, 162, 218, 542. Effect of, 544-547. Cases of, 115, 154, 157, 543-547, 689. Reformed Cliurches, 270-273. Regeneration, 224, 225, 228, 230, 309. Res;ister, Church, 133. Relief Fund, 448-451. Rei^entance, Evidence Required, 512, 526, 527, 546, 577, 581, 606. Representation, 131, 138, 139. Respondent, Deatli of, 548. Absence of, 505, 506-510, 568. Restoration to Ministry, 160, 518, 526, 527, 574. to Membership, 128, 496, 504, 527, 568, 573, 576, 680. to Office, 116. of Deposed, 159, 496, 518,526, 527,556, 576. on Reversal, 582, 583. Eflect of, 349. Form of, 680. Resigning a Pastoral Charge, 419- 421. Revivals, Letter on, 313-320. Signs of True, 49, 302, 313-320. Review and Control, General, 217, 233, 534-542. See Records. Reversal, Eflfect of, 568-576, 581, 582, 607. Reasons to be given, 616. Reunion 1758, 47-50. Reunion 1869, 57-98. Righteousness of Christ, 221, 228-230. Right Hand of Fellowship, 117, 346, 419. Roll of Judicatory, 206. Calling in Trials, 566, 570. Reserved, of Absentees, 627. Striking from, 128, 154, 160, 165, 169, 273, 618, 620. Romish Baptism, 661-663. Rotary Eldership, 343. Rules for Judicatories, 204-208. RuLiivG Elders, 114-118. See Elders. S Sabbath, Sanctification of, 631-645. Observance of, 322-325, 475, 633, 636. Letters on, 294-296, 322-325. Mails, 631-633, 675. Profanation of, 475, 633-635. Discipline for, 634, 635. Sessions upon the, 189. Ordination on, 148, 410. Marriage on, 692. Traveling on, 637, 638. Sabbath, Amusements, 638. Schools, 440, 441, 641-645. Scandal, Process in, 628. Scriptures, Public Reading of, 646, 647. Sealing Ordinances, Admission to, 671- 678. Who may Administer, 117, 119, 653, 658. Sentence on Conviction, 512, 513. How Published, 161, 513, 528. Too Severe, 496, 568, 569, 574, Separation, Right of, 48. Session of the Church, 123-133. Quorum of, 124, 125. Special, Dlegal, 123, 124, 560, 570. Moderator of, 125-127, 132. Powers of, 127-133. See Powers. Severance, John F., 621. Sheldon, George, 613, 685. Shepherd, John, 581. Shields, James H., 617, 684. Sin, Adam's, 227, 229. Original, 221, 227, 229, 309. Singing of Psalms, 647-654. Sine titulo. Ordination, 146, 413-415. Slander, 498, 505, 522. Slanderer, 498, 511, 522, 524. Slavery and Slaveholding, 481-483. Slaves, Baptism of, 664. Societies, Moral, Relation to the Church, 491, 492. Sociniauism, 219, 220. Solemnization of Marriage, 681-693. See Marriage. Southern Presbyterian Chm-ch, 273-275, 276. Speaker, Rights of, 207. Spicer, Jabez, 496. Standards of the Church. Adoption of, 45, 48, 51, 91. Mode of Adoption, 48. Include Catecliisms, 55. Subscription Required, 54, 57. Standing Committees, 213-216. State of the Country, 235-245. Stated Clerk, 208, 209. Stated Supplies, 112, 113, 138. Stone, Ambrose, 575. Striking from the Roll, 128, 154, 160, 165, 169, 273, 618, 620. Study, Time of, 398, 399. Sutterings of Christ, 230. Sundav Mails, 631-633, 675. Schools, 641, 645. Support of the Ministry, 406-409. Suspended Minister, 160, 524, 556, 565, 618. Services of, 528, 660. Standing of, 160, 528. Suspended Licentiate, 520. Elder, 116, 349. Member, 128, 572, 616. Suspension from Office, 116, 525, 568, 578. from Communion, 568, 571, 584, 589. Pending Process, 513, 524. for Contumacy, 525, 571. Sustentation Fund, 452-455. Syllabus, 9-42. Synod, Of the, 181-199. Members of, 116, 181, 182. Quorum of, 188, 189, 205. Meetings of, Stated, 193. Adjourned, 189, 190. 718 INDEX. Synod, Meetings of, Pro re nata, 190. Jurisdiction of, 150, 152, 175, 191, 192. Powers of, 191-193. See Powers. Synod of Missouri, O. S., 275, of Colorado, 187. Synods as Erected 1870, 182-187. T Tempekakce, Testimonies on, 483-492. Societies, 491, 492. Temporary Clerks, 211, 4G1. Terms of Communion, 44, 305, 307, 308, 487, 495, 671-678. Term Service of Elders, 342-345. Testimonials, Of Standing, 493, 569, 624. Testimony, New, 611-616. Testimony under Oath, 531, 579. What Admissible, 497, 512, 529, 531, 536. Amount Required, 529. By Whom Taken, 519, 531. to be Engrossed, 132, 506, 515, 532. not on Record, 516. How Attested, 531, 547. not Read, 561, 562. Testimony of the Assembly. on the Civil War, 235-245. on Intemperance, 483-492. on Immoralities, 300-302, 475-481. On Slavery, 481-483. on Doctrinal Errors, 227-231. on Sabbath Observance, 322-325, 633- 635. Thanksgiving, Days of, 696-702. Thatcher, George H., 605, 606. Theatrical Exhibitions, 301, 476-478. Theological Instruction, 369-375, 383-386. Seminaries, viz. : Princeton, 375-383. Auburn, 383, 387. Western, 387-389. Lane, 384, 389. Union, 383, 389, 390. Danville, 390-393. North-western, 393-395. German, Newark, 395. German, of North-west, 395. Lincoln, 395, 396. San Francisco, 396. Blackburn, 396, 397. Todd, John, 576. Translation of Ministers, 416-419. Traveling on Sabbath, 637, 638. Treasurer of Assembly, 209. Trial of a Case, 500-517, 518-528, 548-^93, 593-607. in Absence of Parties, 505, 506-510, 563, 58.3-585, 595. Counsel for Accused, 605, 507, 513, 570, 581, 584. Charges must be Specific, 502, 503, 578. Notice must be given, 501, 552, 605. Evidence of Notice Required, 553, 554. Rules must be Observed, 517, 572. See under Decision. may not be on Review, 540. New, 519, 554, 577, 580, 611-616. Personal Attendance, 505, 506-510, 563, 583, 584, 585, 595. Best Evidence Required, 533, 560, 561. Who may sit on, 579, 586, 587, 588, 607. The Vote, 566, 567. Trial of a Case, When a Minister should Preside, 125, 126. Posti^onement of, 512, 558-560, 585, 591. Trustees of the Assembly, 333-336. of a Chm-ch, 108-111, 255. of College of New Jersey, 373, 374. of Presbyterian House, 456-459. of Church Erection Fund, 442-448. Tune Books, 651-654. Turbitt, John, 556, 560. U Unacceptability of an Elder, 350. Unemployed Ministers, 176, 339. Uniformity in Mode of Election, 341. Union of Church and State, 121. Unitarian Baptism, 689. Doctrines, 219, 220. Unfinished Business, 206. United Congregations, 138. Universalism, Testimony on, 219. Universalists, Excluded, 674. Unworthiness, Efi'ect of, 659. V Vacant Congregations, 461, 462. What are, 138, 139, 176, 419, 528. Vance, William, 687. Van Dyke, Andrew, 685. Van Vleck, Mr., 682. Veto of the Assembly, 397. Vice and Immorality, 300-302. Visitation of the Sick, 694, 695. Vote, Casting, 142, 204, 205, 460. in Judicial Cases, 567, 575, 579, 586, 587, 607. on Approving Records, 536, 575, 587. Void, Acts that are, 141, 154, 170, 189, 192, 275, 276, 537, 550, 571, 572, 575, 582. Voidable, 143. W Walnut Street Church Case, 247-262. War, the Civil, 320-322. " Way of Salvation," 544, 545. Ways of Carrying a Cause, 532, 533. Westminster Standards, 45-49, 51, 307. Willful Absence, 625, 626. Willful Desertion, 683, 684. Will, Liberty of, 230. Withdrawal, Irregular, 620. of Parties, 566-570. Witnesses, Of, 528-532. Citation of, 501, 502, 519, 524. Names to be given, 501, 502. Challenge of, 529. Examining of, 510, 530. Credibility of, 528, 529. Must be Sworn, 530, 531, 579. Women, Meetings of, 304. Ministrations of, 353. WoodhuU, William, 165, 167. Worrell, T. F., 533, 568, 580. Worship, Public, Of, 646-658. Worship, Family, 702-705. Worship, Secret, 702-705. Yale, Charles, 553, 556. Yeas and Nays, 207. Youth, Instruction of, 640-645. mmmmmmmii^- DATE DUE Jiil^U.. (~,.„,.|^- -■ .-^ CAVLORD PRINTEDIN U S.A 1^11