:iM'!a!iSliaii«iili!lil ^ JAN AL Sv BY 4070 .U66 P7 1891 Prentiss, George Lewis, 181 -1903. The agreement between Union Seminary and tJie General THE AGREEMENT BETWEEN UNION SEMINARY AND THE GENERAL ASSEMBLY. A CHAPTER SUPPLEMENTARY TO "FIFTY YEARS OF THE UNION THEOLOGICAL SEMINARY IN THE CITY OF NEW YORK. BY t GEORGE L. PRENTISS, Professor in the Institution. NEW YORK: ANSON D. F. RANDOLPH & COMPANY, 38 WEST TWENTY-THIRD STREET. Copyright, 1891, by ANSON D. F. RANDOLPH & COMPANY. PRESS OF EDWARD 0. JENK1N3' SON, NEW YORK. CONTENTS. Action op the Joint Committee on Reunion with regard TO THE Theological Seminaries, .... 1 II. The Veto in the Election of its Professors as Conceded BY Union Seminary to the General Assembly, . . 7 (a). Origin and design of Union Theological Seminary, . 9 (b). Seasons and influences that induced Union Seminary, in 1810, to give up a portion of its autonomy, . . 12 (c). Action and purpose of the Board of Directors in making this concession, 24 {d). Bid the Board of Directors of Union Seminary suppose that in their action on May 16, 1870, they were offer- ing to enter into a legal compact with the Oeiural Assembly? 29 (e). Scope and limitations of the reto in the election of its Professors offered to the General Assembly by the Directors of Union Seminary in 1870, . , .34 (/). Acceptance of the offer of Union Seminary made to the General Assembly in its memorial of 1870, . . 41 III. Sketch of the Operation and Effects op the Assembly's Veto Power in the Election of Theological Profes- sors FROM 1870 TO THE PRESENT TIME 48 (a). Early and frequent misapprehension of the extent of this poicer on the part of the General Assembly, . . 49 (iiO iv CONTENTS. PAGE (J). Quiescence of the Assembly's veto power from 1870 to 1891, 51 (c). Sudden use of the veto power in 1891, . . • .52 (d). The General Assembly at Detroit, and how to judge its course, -""^ (e). The case against Br. Briggs as argued by John J. McCook 60 (/). The Standing Committee on Theological Seminaries ; its report and the action of the Assembly, . . .70 ig). Union Theological Seminary in its relations to Prince- ton, 91 ih). The action at Betroit in the case of Br. Briggs as an eye-opener, ^"'' {i). A word in conclusion, . . . • • • • 1^1 APPENDIX. I. The establishment of the Edward Robinson Chair of Biblical Theology, ^^'^ II. ITie Inauguration, and the Rev. Br. BavidR. Frazer's charge, 139 III. Resolutions of the Board of Birectors sustaining Br. Briggs, . 137 IV. Statement of the Faculty NOTE. The following paper ^ prepared last summer^ is now published in the hope that it may serve to correct some misapprehensions^ which have widely prevailed %oith ruching its afiairs : the elections, transfers, and deaths of its professors ; its successive endowments, and all things of general interest. But the Assembly had no pro- prietorship or control over it. The whole Church was proud of Union Seminary, and the Seminary loved and honored the Presl.iyterian Church. This happy state of things con- tinned until 1870. Why was it then changed ? {h). Eeasons and inftuences that induced Union Semi- i>ary^ in 1870, to give up ajyortion of its autonomy. 1. Firi-t of all, it was done in the hope of furthering thereby the harmony and prosperity of the Presbyterian Chnrcii. Eemiion bad been already accomplished, and Union Seminary liad from the first thrown the whole weight of its influence in favor of the movement. Henry B. Smith had struck its keynote, and, later, in a contest of the pen. liad met and vanquished its ablest foe. Dr. Sliedd, THE CONCESSION OF THE VETO POWER. 13 in the General Assembly at Albany, in 1868, had vindicated the cause of reunion, and at the same time the orthodoxy of tlie New School against the charges of Drs. Charles and A. A. Hodge, Dr. Breckinridge, and other Princeton and Old School leaders. Their colleagne, Thomas H. Skinner, a very eminent Kew School leader, was in heartiest sym- pathy with them ; while WiUiam Adams, Jonathan F. Stearns, and Edwin F. Hatfield, all directors of Union, had been among the most active members of the Joint Committee. Such ardent friends of reunion as William E. Dodge, Charles Butler, Richard T. Haines, and other noted laymen, also belonged to the Union Board. It was altogether natural, therefore, that Union Seminary should have felt deeply interested in removing, as far as possible, all obstacles to the complete success of reunion out of the way. Dr. Adams was especially anxious that the wheels of the great Church organization, whose strength was now doubled, and which he believed to be fraught with vast power for good, should move right on without friction. He wielded at this time a greater influence than any other director or Union Seminary, greater perhaps than any other minister of the Presb_)i:erian Chm'ch. He was the man of all others to appeal to in taking hold of the " plan " of 1870. These are some of the general considera- tions and motives which led him to propose and the direct- ors of Union Seminary to adopt that plan. 2. But the question here arises, why precisely such a plan, differing so materially from that reeommGnded by the General Assemblies of 1869, should have been pro- posed? In the plan recommended by the General Assem- blies, it will be noticed, no mention was made of a veto in the election of professors. The Old . School seminaries mighty if their boards of direction desired it, be transferred from Assembly control to the watch and care of one or 14 UNION SEMINAEY AND THE ASSEMBLY. more of the adjacent synods ; while the New School semi- naries were " advised " to introduce, as far as might be, into their constitutions the principle of synodical or Assem- bly supervision. Neither of these recommendations was followed. No Old School seminary was transferred from the control of the General Assembly to the watch and care of one or more of the adjacent synods. Nor did Union Seminaiy introduce into its " constitution " the principle of synod- ical or Assembly supervision. This shows what good reason Dr. Musgrave had for saying that the " concurrent declara- tions" lacked entirely the binding force or quality of a "legal compact," and it shows also that, with all their uncommon abihty and wisdom, and after years of delibera- tion, the Joint Committee had recommended what was altogether impracticable. Between the great ratification meeting at Pittsburgh in November, 1869, and the meeting at Philadelphia in May, 1870, it had become perfectly clear that Princeton — I confine myself at present mainly to this seminary — could not be released from Assembly control, and put itself under the watch and care of one or more of the adjacent synods, without imperilling its endowments. In this dilemma Union Seminary was urged to come to the help of Princeton ; nor did there seem to be any other way of relief. The appeal was based largely upon a strong conviction, common to the wisest and best friends of both seminaries, that the election of professors by the General Assembly was open to serious objections, and would be open to graver objections in the future. At the foimding o{ Princeton in 1812 the Presbyterian Church was a small body, numerically and territorially, and the selection of theological teachers could very prop- erly be intrusted to the knowledge and discretion of its General Assembly. The choice of the first professors of THE CONCESSION OF THE VETO POWER. 15 Princeton — those very admirable types of Presbyterian piety, wisdom, and learning, Samuel Miller and Archibald Alexander — was, doubtless, the best possible. But in 1870 the Presbyterian Church had increased enormously both in numbers and extent ; it covered the continent ; and its branches reached to the uttermost parts of the earth. Even then in exceptional cases, no doubt, the General Assembly could judge as well as any board of directors who was best qualified for this or that chair of instruction — but only in exceptional cases. As a rule, the General Assembly was every year becoming less fitted to exercise this difficult function. The point is so important in its bearing on the matter under discussion, that I will enforce my position by that of men whose opinions respecting it are entitled to special weight. Here is an extract from a letter of Dr. A. A. Hodg-e, written late in 1867 : It is proper, it is almost a necessity, that each institution should be left in the management of those upon whose sup- port it exclusively depends. The majority of any Assembly must be necessarily ignorant of the special wants and local conditions of any seminary, and of the qualifications of can- didates proposed for its chairs of instruction. The best of these are generaUy young men, up to the time of their nomination known only to a few. To vest the choice in the General Assembly will tend to put prominent ecclesiastics into such positions, rather than scholars, or men speciaUy qualified with gifts for teaching. As the population of our country becomes larger and more heterogeneous, and the General Assembly increases proportionably, the difficulties above mentioned, and many others easily thought of, wiU increase. Dr. Henry B. Smith, to whom this letter was addressed, 16 UNION SEMINARY AND THE ASSEMBLT- thus expressed his owii view in noticing some of the ob- jections to the Joint Committee's report of 1867: The plan allows those seminaries that are now under the Assembly to remain so, or if they choose, to j)ut themselves instead under synodical supervision ; and it recommends the seminaries not tmder ecclesiastical supervision to attain unto that condition ; but does not insist on this — as of course it could not It is a fair and serious question, whether a General Assembly, representing the Presbj-terian Church throughout the whole United States, especially in view of the numbers in that Church, and the extent of the territory in twenty or thirty years, will be the best, or even a suitable body, to choose the professors and manage the con- cerns of all the Presbyterian seminaries scattered through- out the country. We very much doubt whether this would be a wise arrangement. It may work well in Scotland, but Scotland has its limits. It might bring into the Assembly local, personal, and theological questions, which it would be better to settle in a narrower field. The following strong expression of opinion, written by Dr. Adams, is from the memorial itself of the directors of Union Theological Seminary to the General Assembly : It has appeared to many, and especially to those who took an active part in founding the Union Theological Semi- nary, that there are many disadvantages, infehcities, not to say at times perils, in the election of professors of the theo- logical seminaries directly and immediately by the General Assembly itself, — abody so large, in session for so short a time, and composed of members to so great an extent resident at a distance from the seminaries themselves, and therefore per- sonally unacquainted with many things which pertain to their true interests and usefulness. It is noteworthy that in this memorial of the directors of Union Seminary, offering a veto in the election of its THE CONCESSION OF THE VETO POWEK. 17 professors, two reasons only arc assigned ; namely, first a desire, as was said before, of doing all in their power to establish confidence and harmony throughout the whole Church ; and, in the second place, a desire to secure to the Old School seminaries, in which those of the New School were henceforth to have a common interest, the privilege, so highly prized by themselves, of choosing professors in each institution by its own board of directors, instead of having them chosen in every case by the General Assem- bly. On these two grounds the memorial of the boai'd of directors of Union Seminary was chiefly based. These two considerations the friends of Princeton appealed to with great force, when urging Dr. Adams to give them aid in their dilemma. It was stated at Detroit that prior to the meeting of the Assembly of 18Y0, " Dr. Adams conferred with and fully submitted his plan to his friends at Princeton, who opened their arms and hearts to receive him, and they promptly responded to every one of his suggestions." * This needs to be supplemented by the additional state- ment that his friends at Princeton submitted to him their plan, and that he promptly responded to their suggestions. It was no doubt in response to their suggestion that his original plan gave to the General Assembly a veto in the election of directors, as well as of professors. Had that wav of solving the problem of the theological seminaries origi- nated with Dr. Adams, he would almost certainly have pro- posed it during the troublesome negotiations on this sub- ject, which ran on for nearly three years prior to the re- union. There is no intimation that he did anything of the sort. And yet the point had been made, again and again, * Eemarks of John J. McCook, a Commissioner from the Presbytery of New York, pp. 3. 18 UNION SEMINARY AND THE ASSEMBLY. by 01(1 School opponents of the terms of reunion, as pro- posed by the Joint Committee in their report to the As- semblies of 1867, that the seminaries of both branches of the Church ought in fairness to be placed on a footing of " perfect equality." Why, it was said, should the Old School institutions continue to be subject to the full control of the General Assembly, the New School coming in for an equal share in its exercise, while two at least of the New School institutions continued under what Dr. A. A. Hodge, in a letter to Professor Smith, called " self-perpetuated and irresponsible boards of trustees." Such was the reasoning of opponents of the Joint Committee's report of 1867. Indeed so strong was the feeling and contention of some with regard to this point ; so conjfident were they of the superior advantages of subjection to ecclesiastical control, more especially the control of the General Assembly, over any possible advantages of subjection to a board of di- rectors, or trustees ; and so persistent were they in assert- ing this view, that upon reviewing their arguments in the light of to-day, one can scarcely help being reminded of the fable, so dear to children, entitled " The Fox without a Tail."' The fox, it will be remembered, was caught in a trap by his tail, and in order to get away was forced to leave it behind. Whereupon he resolved to try to induce his fellows to part with theirs / or, as Henry B. Smith ex- pressed it, in his characteristic way, " to attain unto that condition." * * So at the next assembly of foxes he made a speech on the unprofitableness of tails in general, and the inconveni- ence of a fox's tail in pai'ticular, adding that he had never felt so easy as since he had given up his own. When he sat do^Ti, a sly old fellow rose, and waving his long brash with a gi'aceful air, said with a sneer, that if, like the last speaker, he had lost his tail, nothing further would have been needed THE CONCESSION OF THE VETO POWER. 19 I liave taken for granted that Dr. Adams' first plan, which gave to the (xeueral Assembly a veto in the election of Union directors, was the result of a conference with his friends at Princeton. So too, unquestionably, was his second plan, which conceded to the General Assembly a veto in the election of Union professors. Had either of these modes of solving the question of the theological semi- naries occurred to his o^\^l mind as the best, he cer- tainly, I repeat, would have brought it before the Joint Committee during the two or more years that Committee was in existence. But I find no evidence that it was even mentioned. Neither the word " veto," nor the thing itself, appears in the report of the Joint Committee made in 1867, nor in that of 1868, nor in the report of the Com- mittee of Conference in 1869. The veto first appears in the plan presented to the board of directors of Union Seminary at the meeting on May 9, 1870. At an adjourned meeting of the same board, held on May 16, it reappeared as a veto in the election of professors. Why this abandon- ment of the scheme recommended by article ninth of the report of the Joint Committee and by the General As- semblies of 1869? And why the sudden abandonment of the method proposed to the board of directors of Union Seminary on May 9th, and the substitution in its place, on May 16th, of still another method, namely, a veto in the election of professors alone ? The whole thing is curious and suggestive in a high degree. Consider that the ad- journed meeting of the board occurred on Monday after- noon, May 16th, and that the General Assembly was to meet at Philadelphia on the ensuing Thursday, May 19th. No time, therefore, was to be lost. And no time was lost. to convince him ; but till such an accident should happen he should certainly vote in favor of tails. — Ancient Fables. 20 UNIOiSf SEMINAKV AMD THE ASSEMBLY. It was too late, however, to give to the pubhc intimations of the plan of May 16th. The Eva/n^/elisU one of whose editors at that time was a prominent minister of the late Old School, contained a carefully written editorial, out- lining the General Assembly's work. In the course of this article is the following fiignificant paragraph : It is very desirable that the several theological seminaries connected with the Church be brought into the same, or sim- ilar, relations to the Assembly. The scheme proposed by the Princeton Beview, April number, has met with much favor. Let it be understood that the boards of the respective semi- naries shall be allowed to fill the vacancies in their own num- ber, as that scheme contemplates ; and to appoint the incum- bents of the several chairs, subject in each case to the approval of the next General Assembly ; and, it is thought, the semina- ries of both branches will cheerfully come upon this platform. Princeton and Union are understood to be prepared for it, and to desire it. The article in the Prmceton Beview for April, 1870, was probably written by Dr. Charles Hodge, the founder and then senior editor of the Beview. The " scheme " referred to was as follows : Let the Assembly confide the supervision and control of the seminaries now under its control to their resjDective boards of direction, as now, with simply these alterations : 1. That these boards shall nominate persons to fiU their own vacancies to the Assembly for confirmation. 2. That they shall arrange the professorships, and appoint the professors, subject to rat- ification by the Assembly. This would suffice for unification, so far as seminaries heretofore of the Old School branch are concerned. It seems to us that it cannot be difficult for the seminaries of the other branch to reach substantially the same platform. Tiiey, of course, can report annually to the Assemblies [Assem- THE CONCESSION OF THE VETO POWER. 21 bly ] . Without knowing all tbe details of their present char- ters, we presume there is no insuperable obstacle to their making the simple by-law that all their elections to fill vacan- cies in the board or boards of oversight and direction, also of professors, shall be submitted to the Assembly for approval before they are finally ratified. If the charters now forbid such an arrangement, doubtless alterations could easily be obtained which would admit of it, or something equivalent. —pp. 311, 312. At the opening, then, of the first General Assembly of the reunited Church, on May 19, 1870, the case stood thus : Princeton objected to the " recommendation " of the As- / semblies of 1869 as unwise and could not follow it without imperilling a portion of her endowments ; Union, warned in time, refused to adopt the Princeton '' scheme " with re- gard to directors, but offered to accept it in a greatly modi- fied form with regard to professors ; while both had me- morialized the General Assembly in favor of the latter ar. rangement. This posture of things was a logical, not to say necessary, outcome of the whole situation. It followed inevitably that Princeton should look forward with special solicitude to the possible action of the Assembly at Phila- delphia, touching theological seminaries. Some of her dear- est interests were, as she believed, more or less involved in the issue. It would have been strange, indeed, had she not regarded with a certain misgiving the part which the new copartners might take in shaping that issue. Her tempta- tion was to overestimate the importance of a " uniform sys- tem " in dealing with the theological seminaries, and to be too solicitous of having them all even as she herself was. The temptation of Union, on the other hand, was rather to yield too readily to the magnanimous impulses of the hour, and so allow her cooler judgment to be overpowered by the surging tide of reunion enthusiasm. 22 UNION SEMINAEY AND THE ASSEMBLY. Pope Innocent XII. wrote to the French prelates, who had procured the famous brief condemning Fenelon : " He erred by loving God too much," — ''Peccavit excessu amoris dwini'';—&o one might say of Dr. Adams, that he erred, if at all, in too exclusive devotion to the peace and harmony of the reunited Church ; and the same might be said of most of his associates in the directory of Union Seminary. But on one point Union and Princeton were in perfect accord. Both regarded it as exceedingly desirable that theological professors should no longer be elected by the General As- sembly ; Princeton, primarily, on her own account ; Union, on account of Princeton, as also of the other Old School seminaries. It is fair to add that some of the strongest friends of Princeton were, no doubt, influenced by another reason for wishing to be liberated from further subjection to the General Assembly in the election of its professors ; namely, distrust of the doctrinal soundness of the late New School Church. Dr. Charles Hodge led a whole company of eminent Old School men, who to the last protested and fought against reunion largely on this ground ; they had no sympathy with it. To some of these, especially to Dr. Hodge himself. Dr. Beatty refers in a striking letter printed in The Evangelist of August 6, 1891 : " Dr. Adams knew what great difficulties and conflicts of mind I had from the fact that my best friends were in opposition to my views ; and I made the request of hnn that after my death he would state these things in some article in The Evangelist:' Did the simple fact of reunion at once change their honest con- victions on this subject? Not at all. And, therefore, the sudden accession of the New School branch to equal power in the General Assembly, bringing their " loose " notions of subscription and all their other objectionable views with them, intensified the desire to take the election of Prince- ton professors out of that bod}'. THE CONCESSION OF THE VETO POWER. 23 And it is only rigbt to add further, that in voting, as they all did, in favor of remitting the election of professors in the Old School seminaries to their several boards of direction, the commissioners who belonged to the late New School branch were voting to dispossess themselves at once of a power in the control of those seminaries, which reunion had fairly put into their hands. It was the proper thing for them to do ; but it was also a handsome thing to do so promptly and so heartily. On the basis, then, of a common sentiment respecting the election of theological professors both Union and Princeton memorialized the General Assembly ; and through their joint influence the plan proposed by Union was unanimously adopted. And just here let me say that in the negotiations and dis- cussion relating to the theological seminaries from 186C to 1870, and in most of the pending controversy about the veto power as well, one ever recurring fallacy and misap- prehension is perceptible ; viz., that all the seminaries stood and stand substantially upon the same ground and should therefore be dealt with in the same way. A "uniform sys- tem " of ecclesiastical control or supervision, was the thing sought for. It was a thing impossible without uprooting or suppressing original elements of the utmost value in the very being and life of several of the seminaries. How could Union and Princeton, for example, be put upon a footing of " perfect equality," when one of these institutions derived its origin from the action of a company of good men in the cities of New York and Brooklyn, and possessed complete autonomy ; while the other was created by the special ac- tion of the General Assembly and was subject to its ulti- mate authority in all things ? And the differences between the two institutions are still radical. This point should be kept constantly in mind. It will not do, for example, to 24 UNION SEMINARY AND THE ASSEMBLY. consider the legal relations of Princeton and of Union to the General Assembly, as if these relations were the same. They are almost wholly different. Princeton derives its origin from the General Assembly, which is its patron and the fountain of its powers. The General Assembly had nothing to do with the founding of Union, is not its patron nor the fountain of any of its powers. The proprietorship and control of the General Assembly over Princeton, al- though modified in one respect in 1870, remain still intact with regard to other points of vital importance. In the election of its directors, as well as of its professors, Prince- ton is subject to the veto of the General Assembly, and so it is in suspending or removing a professor. The Assembly has no such power in the case of Union. For cause the board of directors of Union can discipline, suspend, or re- move a professor ; can at its discretion assign him specific duties, and transfer him from one chair to another, or cre- ate a new chair and put him into it ; and the General As- sembly has no voice whatever in the matter. I have thus stated some of the principal reasons and in- fluences that in 1870 induced Union Seminary to concede to the General Assembly a portion of its autonomy. (c). Action and pnifose of the Board of Directors in raaMng this concessiwi. The subject was first brought before the board by Dr. Adams at a meeting held on May 0, 1870. Among the directors present were Edwin F. Hatfield and Jonathan F. Steai'Ds, who with Dr. Adams had been members of the Joint Committee on Eeuniou ; Joseph S. Gallagher, James Patriot Wilson, Chai-les Butler, Korman White, Fisher Howe, William A. Booth, D. Willis James, and John Crosby Brown. These names speak for themselves and need no glossary. They represent moral strength, sound THE CONCESSION OF THE VETO POWER. 25 judgment, large and varied experience, world-wide influ- ence, intelligent piety, and all the other qualities that go to make up solid weight of character. To most of the di- rectors the plan proposed for their adoption was wholly new. They had never before heard of it. But as coming from Dr. Adams, as offered in the interest of the unity and har- mony of the Presbyterian Church, and, also, in response to urgent persuasions from the old and honored seminary at Princeton, it won their consent, if not their entire approval. So far as its weak points were concenied, it took them at a serious disadvantage. They had no time for reflection. And so, while there was considerable discussion, with a single notable exception none opposed the scheme. Several of the professors were present, but they raised no objectiou. The record would doubtless be differ- ent had Henry B. Smith been among them. He was a theologian of extraordinary sagacity, always looking be- fore and after, for he had the instincts of a born statesman. And his devotion to Union Seminary was a rnliug passion. The plan of putting the institution under ecclesiastical control never pleased him. He considered the generous and self-governing liberty, which was its birthright, a bless- ing too gi'eat to be parted with at any price. He distrusted also a certain tendency and temper, or, rather, as he viewed it, distemper, wiiich again and again in the last ceutury and in our own had troubled the peace and hampered the free development of American Presbyterianisra. In 1S37, at the age of twenty-one, lie had been a watchful eye- witness of the tm*bnlent scenes at Philadelphia, when the four synods were cut off and the great disruption was in- augurated. From that time he was a keen observer of all that went on in the two branches of the Presbyterian Church ; and before coming to New York, thirteen years later, he liad formed opinions oti the su])ject which re- 26 UNION SEMINARY AND THE ASSEMBLY. mained essentially unchanged to the day of his death. In a letter to me, dated Amherst, September 17, 1850, he wrote : I go to New York in full view of the uncertainties and difficulties of the position It [the Seminary] stands somewhere between Andover and Princeton, just as New School Presbyterianism stands between Congregationalism and the consistent domineering Presb}i:erianism, and wiU be pressed on all sides. Whether it is to be resolved into these two, or to be consolidated on its own ground, is stiU a problem I am going to New York to work, — to work, I trust, for my Master. This " consistent domineering " element, so far as it pre- vailed in Presbyterianism, whether in the theological or the ecclesiastical sphere, he regarded with strong dislike. Had he been present, therefore, at the meeting of the board on May 9, 1870, I believe he would have stood just where D. AVillis James so firmly stood with respect to the plan of conceding to the General Assembly so vital a part of the Seminary's chartered rights and autonomy as tlie last decisive word in the election of its own professors. And Henry B. Smith was, probably, the only man whose voice at that time on any matter touching the theological seminaries would have been equally potential with that of WiUiam Adams. But, unfortunately, early in the previous year, just as reunion was about to triumph, Professor Smith, utterly broken down in the service of Union Seminary and of the Presbyterian Church, had fled for his life beyond the sea, and he was still abroad. I have intimated that a single director only — D, Wilhs Jangies — raised his voice against the plan proposed by Dr. Adams. Mr. James is a grandson of Anson G. Phelps, and thus is identified with the history of the Seminary by THE CONCESSIOJ^ OF THE VETO POWER. 27 his close kinship to three generations of its benefactors, as well as by his own munificent gifts. At the memorable meeting of the board of directors of Union Seminary, held on June 5, 1891, Mr. James made the following highly important statement : I feel it due to the board of directors to give to them a statement of what occurred at the meeting of the directors held on the 9th of May, 1870, when the matter of the con- nection of the Seminaiy with the General Assembly of the Presbyterian Church was first considered. That meeting, from the circumstances of the case, and all that occm-red there at that time, is most clearly and indelibly impressed upon my memory. Dr. Adams proposed that the Union Theological Seminary should give to the General Assembly a veto power over the appointment of the directors of the Seminary, assigning as the reason, in much detail, that it would be a great aid to the other seminaries of the Church, whose professors were appointed by the action of the General Assembly and not by the board of du'ectors. He also stated that experience had shown that the professors thus appointed by the General Assembly were frequently not such as proved to be the best men for the several positions. I strenuously objected to giving the veto power in the appointment of the directors to the General Assembly on the ground that it was practically placing the control of the property and all the interests of the Union Theological Sem- inary in the hands of the General Assembly, and that such action was fraught with great danger. A general discussion occurred, participated in by most of the directors, and I spoke a second time on the subject, call- ing attention most earnestly to the great danger, as it seemed to me, of any such action by which the large property of the Seminar}^, and all its interests, would be practically turned over to the control of the General Assembly. 28 UNIOIS" SEMINARY AND THE ASSEMBLY. But when it seemed evident that a vote would be taken and that the resolution would he passed by the hoard of di- rectors, I arose for the third time, feeling very strongly the importance of the matter under consideration, and said, in substance, that I should request, when the vote was taken, that it should be by ayes and nays, so that my vote could be recorded in the negative, and that I should also request that my most earnest and solemn protest be entered in full in the minutes, to the end that when the disaster came, as it cer- tainly would from this action — perhaps after all those who were taking part in the discussion at that time had passed away — the Seminary could then have the benefit of this protest and whatever legal advantages might come from such protest. I said that I did not desire to make factious opposition, but that I felt the interests of the Seminary were being jeopardized and that a great injury was being done to its future. When I sat down Dr. Prentiss rose and said, substan- tiaUy, that he would surjorise the mover of the resolution by the action he was about to take, but that he had become impressed with the fact that it was wise to take fuiiher time for consideration, and would move a postponement of the matter for that purpose. This motion led to the jDOstpone- ment of the vote. Prior to the adjourned meeting of May 16, 1870, I had an interview with Dr. Adams and expressed to him my sin- cere regret that I had been compelled to differ with him and other members of the board, but he then tendered to me his thanks for my having taken the course I did, and said he felt that it was wiser not to have passed the resolution he first proposed. He then suggested, in the interest of the other semi- naries then controlled by tlie General Assembly, the motion which was presented and adopted on the 16th of May, 1870, viz. : That the veto power in the appointment of the profes- THE CONCESSION OF THE VETO POWER. 29 sors should be given to the General Assembly, and this solely in the interest of other seminaiies which would be benefited by this action of the Union Theological Seminary. I expressed to him then the view that I held, that even this action, though much better than placing the control of the property in the hands of the General Assembly, was still a very serious mistake, and calculated to produce gi-eat and unfortunate mischief. I said, however, that if he and other directors felt that this was the wisest course, and as they had yielded the mat- ter of the veto power over the appointment of dii-ectors, while I would not vote in favor of the resolution, I would not go on record against it ; and, as a result, the resolution was passed on the 16th of May, 1870, giving to the General Assembly only a veto over the appointment of professors and nothing more. {d). Bid the Board of Birectors of Union Seminary sup- pose that in their action on May 16, 1870, they were offering to enter into a legal compact with the General Assembly f 1. It has been assumed by many, and strenuously argued by others, that this was their understanding of the matter ; at all events, that such was the real quality and effect of their action. And on the ground of its possessing this character, we have been treated to somewhat elaborate definitions and expositions of the nature and bindinof force of a contract, the extent and limitations of ultra vires, and I know not how many other lessons in legal lore. And yet, according to the best of my own recollection, as a member of the board, and of my belief concerning all the other members present, not a single director supposed the board was entering into any such legal compact. Three directors who were present on May 9th, and also on May 16th, had been members of the Joint Committee on Keunion, as I 30 UNION SEMINAEY AND THE ASSEMBLY. Lave said before ; one of them, Jonathan Y. Steams, was also a member of the Joint Committee of Conference, which reported the final basis and plan of union to the two Assem- blies in 1869. He aided in preparing that important re- port, voted for it, signed it, and gave it his hearty approval. And it was in this report, made and explained to the Old School Assembly in the Brick Church by Dr. Musgrave, that those empliatic sentences relating to the articles on seminaries, boards, and the like occur : " We will not con- sent to make these articles a covenant ; we won't adopt them as a legal compact binding upon the future." Dr. Stearns was the most trusted counsellor of Henry B. Smith, and not unlike him in sagacity and forethought, as also in devotion to Union Seminary and the Presbyterian Church. To Dr. Stearns more, in my opinion, than to any other man did Union Seminary owe the coming of Henry B. Smith to New York. The New School branch of the Church especially never knew the full extent of her indebt- edness to him, for he was as modest as he was wise, fear- less, and public-spirited. Is it likely that such a man would have sat quietly and given his vote for a settlement of the question of the theological seminaries in a way, on a princi- ple, and with an understanding contradicting so utterly the report which a few months before he had joined in fram- ing and urging upon the acceptance of the General Assem- bhes? The thing is inconceivable. But I have not stated this aspect of the case in its full strength. Dr. Adams himself was a member of the Joint Committee of Conference, and signed the report as its chairman. He also presented the report to the New School Assembly in the Church of the Covenant, as Dr. Musgrave did at the same time to the Old School Assembly in the Brick Church. He explained it in a careful speech, calling attention to the point that the articles of agreement or con- THE CONCESSION OF THE VETO POWER. 31 current declarations were not a compact or contract, but recommendations only as to what might be suitable and ex- pedient. Is it at all probable, is it really conceivable, that such a man as Dr. Adams, only a few months later, would have proposed to the board of directors of Union Semi- nary a plan touching the whole future of that institution, which involved the very thing so distinctly repudiated by the unanimous vote of the Joint Committee of Conference ? and repudiated, too, by both Assemblies ? The plan of 1870 was an expression of Christian confi- dence and good-will on the part of the directors of Union Seminary. In offering to give up so much of their autono- my as was involved in conceding to the General Assembly a veto in the election of its professors, they were not think- ing of a legal compact, whereby the Seminary would gain certain positive advantages in return ; they were thinking simply of what seemed to them, on the whole, best fitted to promote the harmony and prosperity of the united Church, and the true interests of all the other theological seminaries. Their offer was in its very essence, as the General Assem- bly a few days after characterized it, an act of high " gen- erosity," or as Dr. Musgrave expressed it, in 1871, an act of " courtesy." But generosity and courtesy belong to a line of thought and action totally distinct from that of a legal compact with its definite obligations and advantages. Had the discussion in the board of directors of Union Seminary moved along the line of such a compact, nothing is more certain than that the plan of agreement would have failed utterly. 'No doubt there is an element of agreement in a legal compact. Every such compact is an agreement ; but there are many sorts of agreement which are only differing forms of good understanding, friendly arrangements, acts of generosity or courtesy, which lose their most essential 32 UNION SEMINARY AND THE ASSEMBLY. virtue and all their beauty the moment you invest them with the rigidity and binding force of a legal contract. The discussion on reunion, and especially the speech of Dr. Musgrave before the Old School Assembly — heard, proba- blv, by most of the Union directors — had made the whole Presbyterian Church familiar with this distinction. " We will not consent," said Dr. Musgrave, referring to the recommendations about theological seminaries, boards, etc., " we will not consent to make these articles a covenant. We wo7iH adopt them as a legal compact, Mnding upon the future / yet we are acting in good faith and as honorable men, and we say to you that we will not change them at any future time without obviously good and sufficient reasons.'''' Exactly so would the directors of Union Semi- nary have expressed themselves with regard to their gener- ous arrangement with the General Assembly. Such words as " compact," " contract," " covenant," are carefully avoid- ed in the memorial of Union Seminary and in the action of the General Assembly thereupon. "Plan," "rule," "agreement," "method," or the like, are the terms used. It was intended, just as the ninth article in the report of the Joint Committee was intended, " as a measure for the maintenance of confidence and harmony, and not as indi- cating the best method for all future time" {Moore^a Digest, p. 384). All that the article in the Princeton Review for April, 1870, written by Dr. Charles Hodge, or with his approval, ventured to suggest to the New School branch was " mak- ing the simple hy-law that all the elections to fill vacancies in the board or boards of oversight and direction, also of professors, shall be submitted to the Assembly for approval before they are finally ratified." Who ever heard of a " simple by-law " that could not be suspended, changed, or repealed by the power that made it ? The difTerence be- THE CONCESSIOISr OF THE VETO POWER. 33 tween tlie concessions asked, if not claimed, of the New School by the Old School opponents of the first plan of re- union, as reported by the Joint Committee in 1867, and the concessions hoped for just before the meeting of the Assembly of 1870, as stated in the above article of the Princeton Heview^ is very striking. It is the difference between a maximum and a minimum. Perhaps it cannot be better illustrated than by some extracts from a letter of Professor A. A. Hodge, of the Allegheny Seminar}'-, to Dr. Henry B. Smith, written in December, 1867. The italics are his own : Although I am in every sense unknown to you, my knowl- edge of and indebtedness to you through your writings, and especially our community of interest in the subject of this letter, emboldens me to intrude it upon you, and to urge your deliberate attention to it. Undoubtedly one of the chief causes of uneasiness on the part of the Old School, in view of reunion upon the terms proposed by the Joint Committee, is the inequality between the positions of the two parties in respect to seminaries. This is evident from the fact that serious objection is made to the terms proposed in resjiect to this interest by a far larger number of presbyteries than is necessary to defeat the whole matter Now, although I write without consul- tation with or the knowledge of a single person, I feel certain that a compromise to the following effect would be highly gratifj'ing to the great majority of those most nearly inter- ested in seminaries on our side, and f lurther, that if proposed from your side it would be almost certainly accepted by our General Assembly as a condition of union. Suppose then the matter be adjusted on the following principles : 1. All the seminaries of both parties to be, as a condition of union, brought in on the same basis, so that there may be perfect equality. 34 UNION SEMINARY AND THE ASSEMBLY. 2. That you on your side admit the principle of direct ecclesiastical control, and put your seminaries each under the care of one or more contiguous synods. The synods to elect the boards of directors, the boards of directors to elect the professors. The General Assembly, for the sake of pre- serving uniformity of doctrine in the Church, to possess the right of peremptory veto in the case of the election of a pro- fessor. 3. That we on our side yield the principle of the im- mediate control of the seminaries by the General Assembly, and put each of our seminaries under one or more s}Tiods in the manner specified above. Such a plan might have some legitimate objections. It would certainly meet with decided opposition from some of the more distant portions of our branch, which would there- by be dispossessed of powers previously enjoyed. It would be obviously unadvisable for such a proposition to be publicly offered by any of our professors. Therefore, I shall do no more than make this suggestion to you If you agree with me as to the plan, and are willing to present it to the representatives of your branch in the Joint Committee, I have much hope that it wiU prevail. Professor Smith, regarding the scheme so strongly urged in this interesting letter as wholly impracticable, felt un- willing to recommend it to the New School representatives of the Joint Committee. {e). Scope and limitations of the veto in the election of its Professors offered to the General Assembly hy the Directors of Union Seminary in 1870. Passing from the question of the nature of this offer, let us consider its extent and limitations. The language used is very exact and carefully chosen. My impression is, that it differs materially from that used in the plan presented to the board on May 9tli. Before the meeting on May 16th LIMITATIONS OF THE VETO POWEE. 35 legal counsel had probably been taken. In nearly all, if not in all, the proposals and articles on the subject, prior to the meeting at Philadelphia, positive action by the General Assembly was contemplated as requisite to a complete elec- tion ; in other words, every election or appointment, in order to be complete, must be directly approved, or else disapproved, by the General Assembly. This would be in accordance with the usual practice in the political sphere. Ordinarily the veto power goes along with the power of approval and confirmation. It is so with the Presidential veto. It is so generally with the veto power of governors and mayors. But it was not so here ; and as a consequence, even the General Assembly itself, as we shall see, required twenty years fairly to learn the lesson of the extent of its power in the case. All that the Assembly can rightfully do, under the agreement of 1870, is either to disapprove or to do nothing. This shows how sagaciously the whole matter was finally arranged. The plan bears on its very face marks of the utmost caution and forethought. Had it included the power of approval, as well as of disapproval, every election reported between 1870 and 1891 would then have come before the Assembly for confirmation, and might have led to any amount of more or less excited discussion and conflict of ophiion. An approval, if strenu- ously opposed by only a small minority, would be likely to prejudice even a good appointment; while an approval, carried by a bare majority, could hardly fail to stir up bad feeling among the friends of the candidate, if not in his own breast. Whatever evils are incident to the election of theological teachers by the General Assembly, the plan of 1870 certainly reduces them to a minimum, as compared with a plan which should embrace the power of ratifying, as well as of vetoing, every appointment. It is likely that between May 9th and May 16th Dr. Adams not only took 36 UNION SEMINARY AND THE ASSEMBLY. legal counsel, but tliat lie also sought the counsel of those two wise men and old friends, Dr. Stearns and Dr. Hat- field, with whom for nearly three years he had been in the habit of conferring on this very question of the theological seminaries in the Joint Committee on Reunion, or in the New School branch of it. That the General Assembly, under the rule of 1870, has no power of approval "s ad- mitted now on all hands. But there is another point, concerning which there has been and is still direct conflict of opinion ; the point, namely, whether the transfer of a member of the faculty from one chair to another is an election in the same sense as an original appointment, and therefore subject to the Assembly's veto. The General Assembly at Detroit as- sumed that a transfer does not differ from an original elec- tion, and by a large majority voted to disapprove the transfer of Dr. Briggs from the chair of Hebrew and cog- nate languages to the new chair of Biblical Theology. The position of the board of directors, on the other hand, was and is that the original election of Dr. Briggs, not having been disapproved by the General Assembly, fixed his status, once for all, as a member of the teaching faculty of Union Seminary ; and that his transfer to the chair of Biblical Theology could not therefore unsettle, suspend, or in any wise change that status ; it was simply an assign- ment of new and other duties, belonged solely to the jurisdiction of the board, and lay wholly beyond the control or supervision of the General Assembly. This view is enforced by several considerations: 1. It harmonizes with the exclusion from the plan, adopted l)y the directors on May 16th, of all direct power of approval. That exclusion indicates plainly the animus and latent, if not the deliberate, purpose of the board. I say " latent, if not deliberate, purpose," because no evidence exists that LIMITATIONS OF THE VETO POWER. 37 in using the terms "election" and "appointment" tliere was any thought or suspicion in the mind of a single director present that the agreement included also a transfer from one chair to another. Not a word was lisped on this point.* Had it been raised then and there ; had Dr. Adams, in explaining his revised plan, said to the board : " I feel bound to tell you frankly that this plan, faithfully carried out, will of necessity render the internal administra- tion and housekeeping of Union Seminary, touching some of its most vital interests, subject to the ultimate control of> the General Assembly," Mr. James' protest of May 9th would have been echoed throughout the room. The plan would have withered on the spot. Or, to state the case in another way, had the question been put to Dr. Adams : " Do you mean to include in the terras ' election ' and 'appointment' a transfer also, such as we often make from one chair to another? In our relations to the General Assembly will the original status of one of our professors be lost by calling him to new duties in the institution, until it has been recovered by subjecting him again to the veto of the General Assembly?" the prompt answer, I am quite sure, would have been : " Most certainly not ; that * Among the members of the faculty present was Dr. Philip Schaff. In a letter to me, Dr. Schaff, refening to Dr. Adams' proposal " as a generous peace-offering on the altar of the reunion of Old and New School," adds : My impression was that Dr. Adams had previously conferred with Dr. Charles Hodge, who in behalf of Princeton was anxious to get freedom from the control of the Assembly in the appointment of pro- fessors. Our loss was Princeton's gain. The distinction between the appointment of a new professor and the transfer of an old one to a new department was not mentioned, and probably not even thought of, at that time. I myself was trans- ferred three times — to the Hebrew, to the Greek, and to Church His- tory — and nothing was said about a veto. 38 UNION SEMINARY AND THE ASSEMBLY. goes without saying. We are proposing to enter, not into a legal compact, but into a friendly and courteous arrange- ment by which the General Assembly shall have a voice in respect to the qualifications of every man who is to be a theological teacher in our Seminary, But once admitted, unforbidden, into our faculty, the Assembly will have nothing further to do with him except indirectly, of course, as a Presbyterian minister. "We are not trying to drive a bargain, but to do what seems to us a fair and wise, not to say very generous, thing in the interest of the peace and prosperity of the reunited Church." 2. But even assuming, for an instant, that the plan of 1870 was a legal compact, binding as such upon the future, it should yet be interpreted in strictest accordance with its specific design. Whatever power it concedes is a power of trust ; and if that power can be rightly delegated at all, which I will not here discuss, it should certainly be dele- gated in such manner and with such careful limitations as to preclude all suspicion of tampering or dealing lightly with the trust. We may, indeed, distinguish between the trustee and the director, but we must not divide them. The chartered rights and duties of the board cross and run into each other. The office of every director of Union Seminary is a sacred trust ; a trust not merely for property, but for something infinitely more precious and enduring — the moral and spiritual treasures of the institution ; its grand design as a school of divinity ; the good deeds and worth of its excellent founders ; the fame of its learned, wise, and godly teachers ; the glorious achievements of its alumni in the service of their Master ; the memories of its munificent friends and benefactors ; in a word, its invalu- able history and traditions. Hence every director, before entering upon his duties, is required to take this solemn pledge : LIMIT ATIOlSrS OF THE VETO POWER. 39 Approving of the plan and constitution of the Union Theological Seminary in the city of New York, and of the Westminster Confession of Faith, and the Presbyterian form of chuich government, I do solemnly promise to maintain the same so long as I shall continue to be a member of the board of directors. 3. And then it seems to me a strong incidental con- firmation of the view taken by the directors of Union Seminary with regard to the scope of the agreement of 1870, that the official minutes of the board take for granted the correctness of that view. The board has again and again assigned its professors to new duties and to new chairs. Three times it transferred Dr. Schaff from one chair to another. Last winter it created a new chair, and selected Dr. Briggs to fill it, transferring Dr. Brown at the same time to the chair vacated by Dr. Briggs. The record of these and similar changes on the minutes of tlie board varies in language. The terms " elected," " chosen," "appointed," "transferred," have been used more or less indiscriminately ; and that for the simple reason that in the mind of the board there was no thought of any question touching its own proper authority in each case. Transfer is evidently the fitting term, expressing both the fact and the power ; and this is the word which has of late years been chiefly employed in the minutes of the executive commit- tee and of the board of directors of Union Seminary. If all " appointments " in the literal sense are subject to the veto of the General Assembly, temporary assignments of duty would have to be reported to the Assembly; for nothing is more common than to " appoint " a professor to such special duties. 4. There is still another consideration which sustains the view that a transfer is wholly different from an original election ; the fact, namely, that the strict rules of procedure 40 UNION SEMINARY AND THE ASSEMBLY. in the original election have not heen observed in the case of a mere transfer. The disregard of these rules has in repeated instances been so positive and varied as to in- validate the whole action of the board, if a transfer is the same thing as an original appointment. Alike in the open disregard of some of these rules and in inducting at once into the new or vacant chair without any respect to the General Assembly — as, for example, in the case of Dr. Briggs — we have a clear demonstration that in the view of the board of directors of Union Seminary a transfer has always been regarded as simply an assignment of duties, and sub- ject, therefore, neither to the veto of the General Assem- bly nor to a strict observance of the usual forms prescribed by law and custom in first calling a man to the service of the Seminary. In the discussion of the extent of the Assembly's veto power the singular point has been made that we ought to distinguish between the different chairs and the subject- matter taught in them. A Jew, for example — so I have heard it argued by at least two eminent directors in a lead- ing Presbyterian seminary — a Jew might make an excel- lent professor of Hebrew ; but suppose, hiding behind the technicality of a transfer, you should put him into the chair of Systematic Theology, would that not be a case for the intervention of the General Assembly's veto power? I reply, Ko ; not if the Assembly had failed to disapprove of his taking the chair of Hebrew. I freely admit that there are devout, God-fearing Jews, abundantly qualified to be professors of Hebrew in any theological seminary. Isaac Nordheimer, my own beloved teacher, was such a man ; but the best and most learned Jew in the world could not get into the chair of Hebrew in Union Seminary, to say nothing of his transfer to the chair of Systematic The- ology, for how could a Jew sincerely adopt the West- THE OFFER OF UNION SEMINARY ACCEPTED. 41 minster Confession of Faith as containing the system of doc- trine taught in the Holy Scriptures? Here is the pledge taken by every professor, whatever may be his chair : I believe the Scriptures of the Old and New Testaments to be the Word of God, the only infallible rule of faith and practice ; and I do now, in the presence of God and the directors of this Seminary, solemnly and sincerely receive and adopt the Westminster Confession of Faith as containing the system of doctrine taught in the Holy Scriptures. I do also, inhke manner, approve of the Presbyterian Form of Govern- ment ; and I do solemnly promise that I will not teach or inculcate an3i;hing which shall appear to me to be subversive of said system of doctrines, or of the principles of said Form of Government, so long as I shall continue to be a professor in the Seminary. (/)• Acce2)ta7ioe of the offer of Union Seminary made to the Geiieral Assembly in its memorial of 1870. Let us now go back to the meeting of the Assembly in Philadelphia. Dr. Adams, as w^e have seen, was appointed chairman of the Standing Committee on Theological Sem- inaries. He asked, as a personal favor, I repeat, to be ex- cused from serving in that capacity, on the ground that all the seminaries under the care of the Assembly belonged to what had been the Old School branch, but his request was not granted. Before this Committee came the memorial of Union Theological Seminary and also a memorial from Princeton of similar tenor; the difference between them being that Princeton asked what it deemed a great favor to itself, while Union asked what it believed would be a o-reat favor to Princeton and other seminaries. The report of the Committee led to no discussion, met with no opposition and was unanimously adopted. Here follow some extracts from this report : 42 UNION SEMINARY AND THE ASSEMBLY. That the relations of these several theological seminaries, differing in origin and administration, to the reunited Church should be regarded as a matter of no little delicacy and diffi- culty, was inevitable. On the one hand it is obvious that a matter so important as the education of its ministry 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 flexi- bility in the matter which must be respected and allowed. If individuals or associations are disposed to found and en- dow seminaries of their own, there is no power in the Pres- byterian Church to forbid it. As to any project by which the entire control and admin- istration of all our theological seminaries, — for example, as to the election of trustees, — can be transferred to the General Assembly on any principle of complete uniformity, your Committee regard it as Avholly impracticable, and the attempt to accomplish it altogether undesirable. To bring it about, should it be undertaken, would require an amount of legisla- tion, in six or seven different States, which would be por- tentous. Besides, 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 honora- bly and zealously protected. Your Committee, therefore, wotdd recommend no change and no attempt at change in this direction, save such as may safely and wisely be effected under existing charters. For example, the directors of the seminary at Princeton have memorialized this Assembly with the request that the Assem- bly would so far change its " plan " of control over that in- stitution as to give the board of directors enlarged rights in several specified particulars, subject to the veto of the Gen- eral Assembly. Your Committee are unanimously of the opinion that the changes asked for are eminently wise and proper. If it were THE OFFER OF UNION SEMINARY ACCEPTED. 43 witlain the power of the General Asseinbly to remit the en- tire administration of this venerable institution to its board of directors without any of the restrictions they have men- tioned as to the supply of their own vacancies, they would cordially 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 provisions of the law as now defined, being only a con- venient and wise mode of executing by the General Assem- bly 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, beax- ing upon the point of uniformity as to a certain kind and amount of ecclesiastical suiiervision. 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 profes- sors and teachers by the Assembly itself, without 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 ha^dng local and personal intimacy 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 memoriahzed this Assembly to the effect that the Assembly would commit, so far as practicable, the general administration of all seminaries now under the 44 UNION SEMINARY AND THE ASSEMBLY. control of the 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 offer, 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 directors, 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 here- inafter 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 several memorials of the directors of Union and Prince- ton, and approved, or likely to be approved, from informa- tion 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 relation of these seminaries to the Church, which can be necessary to ensure general confidence and satisfac- tion. Less than this might excite jealousy, more than this is cumbersome and undesirable.* * The full report will be found in Moore's Digest of 1886, pp. 383-386. It is proper to say here, that two statements in the report are somewhat inaccurate ; namely, that relating to the ecclesiastical connection in 1836 of the founders of Union Seminary, and that relating to "the design of its founders." Their own language touching this point, as also the facts with regard to their ecclesiastical connection, are given in an earlier part of this paper. THE OFFER OF UNION SEMINARY ACCEPTED. 45 I have said that the report of the Standing Committee on Theological Seminaries met with no opposition. The offer of Union Seminary, which was wholly unexpected to the great body of commissioners, whether of the Old or New School, made the happiest impression upon the As- sembly and called forth strong words of satisfaction and thankfulness. And yet the Committee appear to have been in some doubt whether all the seminaries, then be- longing to the General Assembly, would be willing to pass from under its immediate control; for the report closes with this resolution : In case the board of directors of any theological semi- nary now under the control of the General Assembly should prefer to retain their present relation to this body, the plan of such seminary shall remain unaltered. Whatever doubt, if any, led to this provision, it was speedily solved in the acceptance of the Princeton plan by all the other seminaries hitherto belonging to the Old School ; while Lane, that, like Union, was independent of ec- clesiastical control, and Auburn, which was under the watch and care of four adjacent synods, fell in also with the new arrangement by conceding to the General Assembly a veto over the election of their professors. I do not find that, \ at the time, these changes involved any public discussion, J or even attracted public notice. Sucli was the confiding and hopeful temper of the reunited Church, that they seem to have followed the action at Philadelphia almost as a matter of course. And yet it would be untrue to say that the new order of things at once allayed all the " apprehensions " and " jeal- ousy," referred to in the report of the Standing Committee on theological seminaries at Philadelphia. "Apprehen- sions," if not " jealousy," did continue to exist, especially at 46 UIvION SEMINARY AND THE ASSEMBLY. Princeton ; otherwise it would be scarcely possible to ex- plain some facts in the case, notorious at the time. To show that I do not speak at random, I will give an item sent by me to The Evangelist shortly after the Assembly of 1870 had adjourned. It was as follows : A STRANGE EXCEPTION. In appointing directors of its theological seminaries, as also trustees and members of its various boards, the Gen- eral Assembly seems to have been actuated by an admiiable spirit of wisdom, fairness, and liberality. In this spirit it actually removed six of its own trustees, all of them gentle- men of the highest character, in order to give due repre- sentation to the late New School side. The same excellent spirit was shown in choosing ten new directors for the semi- nary of the Northwest. But there is one marked exception, which, we frankly confess, has struck us, as we know it has struck others, with a good deal of surprise. We refer to the new directors of Princeton Seminary. They are as follows : Directors of Princeton Seminary. — Ministers : William D. Snodgrass, D.D., Joseph McElroy, D.D., G. W. Musgrave, D.D., Eobert Hammill, D.D., Joseph T. Smith, D.D., Robert Davidson, D.D., Gardiner Spring, D.D. Elders : Robert Carter, John K. Finley, George Sharswood, LL.D., Thomas C. M. Paton, to fill the place of Moses Allen. In The Evangelist of the following week appeared a careful editorial, entitled "Princeton Theological Semi- nary," and I give herewith extracts from this article, under- scoring some passages, in order that they may the more easily be compared with the official reports of the Joint Committee and of the action of the General Assemblies, cited in earlier parts of this paper : A paragraph in our last paper referred to the reappoint- ment of the former directors of this Seminary, all of whom belonged to the former Old School branch of the Church, as THE OFFER OF UNION SEMINARY ACCEPTED. 47 an apparent exception to the rule of the late General Assem- bly to unite representatives of both branches in aD its ap- pointments. We are happy to be informed that the impres- sion of inequality conveyed by our statement is not warranted by the facts, and that so far from being an exception to the rule of courtesy and fairness observed by the Assembly, this reappointment of the former directors of Princeton was only another instance of the same generous spirit The Joint Committee on Reunion unanimously recognized it as fair and proper that while the New School seminaries were, and ajter the union must continue to be, under the exclusive control of New School men, by whom they had been founded and endowed, the Old School seminaries should, in like man- ner, be under the direction of Old School men. The Com- mittee therefore proposed, as one of the terms of reunion, that any of these seminaries might ivithdraw from the control of the united Assembly. This, however, could not be done in the case of the Old School seminaries, as all their endow- ments were held on the condition of their being under the General Assembly. It was therefore next proposed that the boards of directors should be authorized to elect professors, and to fill their own vacancies, subject to the veto of the General Assembly'. Thus no man could be either a professor or director who has not the confidence of the body repre- senting the whole Church. This plan ivas adopted by a unan- imous vote of the Assembly. It must be noted, however, that this rule, so far as directors are concerned, applies only to " the seminaries now under the control of the General Assem- bly." The choice of directors under the former New School seminaries is not subject to such veto. It seemed then only courteous and fair that if the boards of directors on the one side must of necesaity remain unchanged, those on the other side should occupy a similar position, and hence that the gentlemen whose terms of service at Princeton had just ex- pired, should be re-elected. This was only carrying out the same spirit of candor which has marked all the Assembly's proceedings. 48 UNION SEMINAEY AND THE ASSEMBLY. This article, whether written bj the Old School editor of The Evangelist or by some one else, was so hopelessly confused that I despaired of trying to correct its errors. Almost every statement about the action of the Joint Com- mittee on Keunion or that of the Assembly is inaccurate ; while its statements about the former New School semi- naries are directly contrary to the facts in the case. Union Seminary, even hefore the close of 1869, had elected two ministers of what, a few weeks earlier, were Old School churches, namely. Dr. John Hall and Dr. James O. Murray, to fill two clerical vacancies in its board of directors ; and in 1870 it filled three more vacancies by the election of three prominent laymen of the late Old School. It was not until 1873 that Princeton elected a director who had belonged to the New School. One of its last directors of distinctively New School antecedents was chosen, I believe, in 1882, viz., the Kev. Kobert Kussell Booth, D.D., of New York, who is still a member of the Princeton board. Of course, as the years pass away, all special thought of these obsolete ecclesiastical names is passing away with them. It is only fair to add that in no instance, so far as I am aware, have former New School men, elected to such boards of former Old School institutions, dishonored the confidence reposed in them. There may have been such cases ; if so, I never heard of them. III. SKETCH OF THE OPERATION AND EFFECTS OF THE ASSEM- BLY'S VETO POWER IN THE ELECTION OF THEOLOGICAL PROFESSORS FROM 1870 TO THE PRESENT TIME. I have thus endeavored to trace from stage to stage the course of discussion and of action with regard to theological seminaries in the Joint Committee on Keunion, in the Old MISAPPREHENSIOISr AS TO THE VETO POWER. 49 and New School General Assemblies, in the board of direct- ors of Union Seminary, and lastly in the first Assembly of the reunited Church. It has been my aim to give as far as possible all the main facts, omitting nothing essential to a right understanding of the case. At the beginning of the investigation my mind was very much in the dark respecting a number of important points, but after patient research and inquiry, now and then not a little to my own surprise, the needed light appeared. I will now proceed to a sketch of the practical working and effects of the As- sembly's veto power from 1870 to the present time. («). Early and frequent misapprehension of the extent of this power on the part of the General Assembly. The facts bearing on this point are equally curious and instructive. They are curious as an illustration of the tendency in all popular bodies — a tendency partly innate, and in part the effect of ignorance, prejudice, or passion — to stretch their prerogative in the exercise of power. The facts are instructive as illustrating the old maxim that " the price of liberty is eternal vigilance," and also the painful truth that even a court of Jesus Christ is not exempt from the infirmities of human nature. Good men when, armed with authority, they meet together for the performance of important duties and the promotion of sacred objects, mean, of course, to do the thing that is right, and, especially, to keep the whole law under which they act ; but how strangely they often err, on the right hand and on the left ! Nothing would seem to be plainer than the power of disapproval as conceded to the General Assembly in 1870, and yet upon the very first opportunity to exercise this power, at Chicago in 1871, the Standing Committee on Theological Seminaries recommended the " approval " of certain elections reported to the Assembly ; and had it not 50 UNIOX SEMINARY AND THE ASSEMBLY. been for the. presence of Henry B. Smith as commissioner from the Presbytery of New York, the recommendation would no donbt have been unanimously adopted. The " official journal " of the Assembly contains the following record : UNION SEMINARY. Prof. Henry B. Smith, D.D., LL.D., of Union Theological Seminary, New York City, moved an amendment to the report of the Standing Committee on Theological Seminaries thus : Resolved, That the clauses of the report of the committee be modified or stricken out which express in the name of the Assembly "approval" of the elections of directors or pro- fessors in the seminaries that have adopted the plan sug- gested by Union Seminary, and ratified by the Assembly in 1870 [see minutes, pp. 64, 65, 148] ; since according to said plan such elections are complete unless " vetoed " by the Assembly to which they are reported. Dr. Musgrave hoped this amendment would be sustained. Union Seminary has comieously, and as he thought wisely, conceded this measure of control over it by the General Assembly, and it was only fair and honorable to accept this amendment. It was so ordered. One would have supposed that this formal interpretation of the extent of its veto power contained in the resolution offered by Prof. Smith, and seconded by Dr. Musgrave as "only fair and honorable," by a unanimous vote of the Assembly itself, would have settled the question for all time. It did no such thiug. Only two years later at Baltimore the Standing Committee on Theological Semina- ries repeated the error of 1871, and was sustained in doing so by the unanimous vote of the General Assembly.* Nor *The committee would recommend that tbe Assembly QUIESCENCE OF THE VETO POWER. 51 was that the last of this remarkable misapprehension. Since 1870 about sixty elections, appointments, and transfers have been reported to the General Assembly. Of these some twenty have been " recognized," " approved," or their " confirmation " voted by the General Assembly ; in other words, in a third of the cases reported, the Gen- eral Assembly did what it had, confessedly, no legal power to do.* These figures will be found nearly, if not altogether, accurate, and they show how easily the most intelligent and conscientious ecclesiastical bodies are led to exercise power that does not belong to them. The chronic misapprehension of which I am speaking cropped out at almost every turn in the newspaper discussions of the veto power, before and after the meeting of the last Assembly, and also at Detroit itself. {b). Quiescence of the Assemhly^s veto power from 1870 to 1891. For twenty years the veto power, conceded to the Gen- eral Assembly in 1870 by Union Seminary, remained qui- escent. During all this period it was never used. While many appointments were " confirmed," or " approved " — illegally, to be sure — not one was vetoed ; a striking proof, appro\:e the election of the Kev. Philip Schaff, D.D., to the Brown professorship of Hebrew, and of the Rev. George L. Prentiss, D.D., to the Skinner and McAlphin professorship of Pastoral Theology, Church PoHty, and Missionary [Mission] Work. [See minutes of 1873, page 580. J * Except in the case of Auburn Seminary. On entering into connection with the General Assembly this Seminary, in 1873, as I shall show later, had adopted a by-law by which the appointments of its professors were "primarily made conditional upon the approval of the General Assembly." Why this vital change in the agreement of 1870 was made 52 UNION SEMINARY AND THE ASSEMBLY. certainly, of the brotherly harmony and good-will that prevailed in the reunited Church, as also of the wise pru- dence of our theological seminaries in the choice of their teachers. It seemed, indeed, as if the fears of Henry B. Smith, D. "Wilhs James, and others, who regarded the agreement of 1870 with so much misgiving, were shown by the test of experience to have been groundless. The veto power, however, was not wholly forgotten. In the case of Rev. R. W. Patterson, D.D., in 1873, and perhaps in a few other instances, a professor-elect and his friends were re- minded, in a somewhat menacing way, that such a power, though dormant, was still in existence, and might of a sudden wake up.* (c). Sudden iise of the veto power in 1891. "Wherever real power exists, it is sure to make itself felt. Its turn always comes, sooner or later ; nor is the opportuni- ty apt to be neglected, when a much-desired object, whether good or bad, can be secured by its exercise. What is called the spoils system, for example — a system which has done so much to poison and vulgarize our political life — is by the board of commissioners of Auburn Seminary, I do not know. But, of course, that Seminary alone was bound by it. * In 1873 my appointment to a professorship in the then Northwestern Theological Seminary was threatened with veto on the ground that I had lately in the Swing trial expressed the wish that the Confession of Faith might soon be revised. How would that sound now ? But my orthodox opponents were quieted, as I was afterward informed, by the statement of the Committee on Seminaries, that in not vetoing the Assembly ivould not necessarily approve. Time changes both sentiment and logic. [Letter of Kev. Dr. Patterson, dated Evanston, HI., Aug. 14, 1891.] SUDDE:>f USE OF THE VETO POWER. 53 largely the outgrowth of that simple power of removal, which the Congress of 1789 decided to belong exclusively to the President. At the time nobody seems to have dreamed that any special hann would come through an abuse of the power. Mr. Madison, whose influence was most potent in this decision of the first Congress, declared that if a President should exercise his power of removal from mere personal motives, or except in extreme cases, he would deserve to be impeached. And for more than a third of a century Executive patronage was used solely as a public trust by Washington and the other great patriots who then ruled the country. Even after 1820, when the mischievous Four Years' law was passed, during the second term of Monroe and the whole term of John Quincy Adams, very few removals were made, and those in every case for cause. Only here and there a far-seeing statesman surmised what, during the next third of a cen- tury, lay wrapped up in the unlimited power of removal, when, instead of being used as a public trust, it was going to be so largely prostituted to vulgar greed and the ruthless animosities of selfish partisanship. How different it is now ! The spoils system has come to be regarded, not merely by a few far-seeing statesmen, but by tens of thousands of our most thoughtful and patriotic citizens, of both parties, as, on the whole, the greatest evil that, since the overthrow of slavery, besets the moral life of the country. While I am writing this paper in a lovely moun- tain valley of Yermont, one of the most distinguished of her sons is depicting her heroic services in the Revolu- tionary war and the civic virtues which rendered her so meet, in advance of all others, to join the Old Thirteen by admission to the Union. It is a romantic and inspiring story, told with an eloquence not unworthy of Daniel Webster or of Edward Everett. And I find in it this 54 UNION SEMINARY AND THE ASSEMBLY. golden passage : '* We have lived to see the prohibition of slavery in the earliest constitution of Yermont, become a part of the fundamental law of this nation. May the time be not far off when its declaration against that other and more widespread curse which corrupts and degrades free government, shall be likewise put in force by the body of the American people." * I have given an illustration from our political history of the way in which power long quiescent may of a sud- den, when the fitting opportunity occurs, spring into vigor- ous and baleful action. Illustrations still more impressive might be drawn from the history of the Christian Church. Months before the Assembly met at Detroit it became apparent to observing eyes that the transfer of the Rev. Charles A. Briggs, D.D., to the new chair of Biblical The- ology in Union Seminary was to be sharply contested, and, if possible, vetoed. The contest, of course, would rest upon the ground that a transfer is equivalent to an original elec- tion, and subject, therefore, to the disapproval of the Gen- eral Assembly. There had long existed throughout the Presbyterian Church great dissatisfaction with some of Dr. Briggs' views as expressed in his writings ; and had oppor- tunity occurred sooner, it would doubtless have been seized to attempt his removal, by act of the General Assembly, from the Faculty of Union Seminary. The feeling against Dr. Briggs, already existing and widespread, was very much intensified by the address ^\hich he delivered on being inducted into his new chair, January 20, 1891. In response to this address a large number of Presbyteries overtnred the General Assembly on the sub- ject. The address also led to the initiation of a judicial * Oration at the dedication of the Bennington Battle Monu- ment, etc., etc., by E. J. Phelps. THE COMMISSIONEES AND VETO AT DETROIT. 65 process in the Presbytery of Kew York. When the Gen- eral Assembly met on the 21st of May, the excitement about Dr. Briggs and his case had reached a very high pitch. The press, both religious and secular, discussed the matter with extraordinary interest. There had been nothing like it since the reunion ; nothing, in truth, like or equal to it since the tempestuous clays of 183Y-38, when both the ecclesiastical and theological storm-centre swept down with such fury on the old City of Brotherly Love. And the key to the whole situation was the veto power. Had it been admitted on all hands that a transfer differs essen- tially from an original election, and is not subject to the Assembly's disapproval, there still might have been a Dr. Briggs case, but it would not have been the case that in May last drew the attention of the whole country to Detroit. {d). The General Assemhhj at Detroit, and how to judge its course. Although my impression of the action of the General Assembly at Detroit in the case of Dr. Briggs is anything but favorable, my impression of the Assembly itself is favorable, on the whole, in a high degree. Judging from all I have read and what I have heard from the lips of those who were present as lookers-on, it seems to me to have been a superior body of Christian men. The}' came from far and near, from city and country, from the Atlan- tic and the Pacific shores, and from the most distant parts of heathendom. They differed immensely in age, in train- ing, in experience, in temperament, in social habits and tastes, in their way of looking at things, in the types of piety and rehgious thought which they represented ; but they were very much alike in their love to Jesus Christ, in their faith in His blessed gospel, in their reverence for the Holy Scriptures, in their God-fearing patriotism and 66 UNION SEMINARY AND THE ASSEMBLY. philanthropy. Eye-witnesses told me that they never saw a body of good men who appeared more sincerely desirous to do right, and to do it in a Christian sj)irit. I was espe- cially touched by what I heard about Judge Breckinridge, for it recalled pleasant boyish impressions of his distin- guished and excellent father. He belonged to a historic family, and his own character added honor to the name. Only the evening before his sudden death he expressed to a friend of mine his keen anxiety respecting the case of Dr. Briggs, and his deep sense of responsibility in the vote he was about to give. His last words attest how sincerely he spoke. It is quite possible to respect and even admire a man's character, and to take for granted the purity of his motives, without always approving his conduct or assenting to his logic. And what is thus true with regard to individuals may be no less true with regard to a body of men, to a party, to a community, and to a v/hole people. Were it not so, history, instead of being one of the most interesting and instructive of studies, would be repulsive and demoral- izing beyond expression. It will ever redound to the honor of the American people that when the stress and agony of their struggle for national hfe and freedom was once passed, the whirlwind of embittered passions it had aroused began to subside, just as the waves of an angry sea dashing upon a rock-bound coast die away after the storm is over. And these passions have been subsiding ever since. The mag- nanimous and patriotic sentiments of mutual confidence, love, patience, and brotherhood, which are the crowning glory of our Christian civilization, have been more and more taking their place, and will continue to do so, let us hope, until the billows of sectional strife shall have quite forgot to rave, "While birds of calm sit brooding on the charmed wave. THE COMMISSIONERS AND VETO AT DETROIT. 57 Or, to take an illustration from our Presbyterian annals, was not the reunion of the severed branches of the Church in 1869 a genuine triumph of similar sentiments ? We re- tained, whoever cared to do so, our old differences of opin- ion respecting the causes and merits, or demerits, of the Exscinding Acts, the Disruption of 1838, and the thirty years of alienation between Old School and New School ; but for all that, led, no doubt, by a Divine hand, we came together again in the spirit of mutual trust and love, for- giving and forgetting, in order that we might the more eflFectually do the good works foreordained for us as a Church to walk in. And yet, even to this day, how far are we from thinking alike about the events of 183Y-38, or about the wisdom of the men who taught and led the con- tending schools ! But it now costs us probably no great effort to admit that they, at all events, were good men, fear- ing God, and honestly meaning, as well as trying, to keep His commandments. For myself, I remember well the day when to my youth- ful fancy Albert Barnes was the very embodiment of pious good sense, meek wisdom, and uprightness, as well as free- dom, of mind in the interpretation of Holy Scripture ; while Robert J. Breckinridge appeared to me as a pugna- cious theological "fire-eater," a domineering ecclesiastic, and a persecutor of the saints. My impression of Albert Barnes was only confirmed when, years later, I learned to love and revere him as a personal friend. But time and memorable hours, a third of a century ago, of most inter- esting talk with him, in the company of Henry B. Smith, Eoswell D. Hitchcock and other congenial spirits, quite revolutionized my impression of Robert J. Breckinridge ; and while not much changing my opinion of certain feat- ures of his course in 1837-38, his relentless hostility to re- union, or his way of doing things, I have ever since had 68 Uj^ion semit^ary and the assembly. no trouble whatever in thinking of him as a devoted servant of the Lord, as an able theologian, an humble Christian, a great-hearted patriot, and a brave, even if a somewhat rugged, type of old Kentucky manhood. While, then, I feel bound to criticise the Assembly's action in the case of Dr. Briggs as unfair, wrong, and un- wise in the extreme, let no one suppose me to be im])uting bad motives either to the Assembly or to the men W'ho, as I think, misled it. If any of them or their advisers were actuated by such motives, that is not my business ; let them answer for it to their own consciences and to God. But I go further than this. So far from imputing unworthy motives to most of the commissioners to the Assembly at Detroit, I can readily believe that they were actuated by the best of motives. By their votes, in disapproval of Dr. Briggs' transfer to the chair of Biblical Theology, they meant to express no personal hostility to him, but a hos- tility to what they had read or been assured, a hundred times over, and what they honestly supposed, were his opin- ions and teaching respecting the inspiration and authority of the Holy Scriptures. And had I been a member of the Assem.bly, viewed the subject as they did, and deemed it right to vote at all, my vote would have gone with theirs. From the bottom of my heart I sympathize with all pious and tender feelings toward the Bible, with jealousy of any rival to its authority, with pain and grief at seeing it assailed from without or lightly esteemed in the house of its friends, and with awe of the divine majesty and glory of its truths. Perhaps more or less of ignorance and prejudice may be mixed up with these sentiments. Be it so ; but how much of prejudice and ignorance is apt to be mixed up with everybody's best sentiments! If I must choose between ignorant and prejudiced but sincere love to the "Word of God on the one hand, and on the other a rationalistic, fault- THE COMMISSIONERS AND VETO AT DETROIT. 59 finding temper of mind toward it, I infinitely prefer the former. The Word of God, which Hveth and abideth for- ever, is the sure foundation and the germinant principle of American piety. It was so in the beginning of our religi- ous life as a people ; it has been so ever suice ; and unless we prove recreant to our great trust, it will be so in all the years to come. So far as criticism of the Bible, whether literary or theological, aims or tends to subvert this founda- tion and put something else in place of this principle, I, for one, am opposed to it utterly. And were it not my belief that Dr. Briggs could and would say Amen to this senti- ment, I should be equally opposed to him also. Biblical criticism, whether of the higher or lower sort, as I have said elsewhere, is very far from being an exact science, and it mars its own best work just in the degi-ee that it puts on the airs of an exact science, and shouts before it is out of the woods. That has been the bane of rationalism, and if co-existing with it, is none the less a bane of the most ortho- dox Christian scholarship. " Seest thou a man wise in his own conceit ? There is more hope of a fool than of him." This senseful proverb applies not to persons alone. It ap- plies also to every kind of knowledge relating to moral and religious truth, more especially to every branch of knowl- edge that deals with Holy Scripture. Scholarship may be never so able and learned, yet if it be puffed up with self- conceit, if not animated by the spirit of humility and rever- ence, it is certain to go astray. " Let no man," to use the words of Lord Bacon, " upon a weak conceit of sobriety or an ill-applied moderation, think or maintain that a man can search too far or be too well studied in the book of God's Word or in the book of God's works, divinity or philoso- phy ; but rather let men endeavor an endless progress and proficience in both ; only let men beware that they apply both to charity and not to swelling; to use, and not to ostentation." 60 UNIOIS^ SEMINARY AND THE ASSEMBLY. {e). TJie Case against Dr. Briggs as argued hy John J. McCook. Of course the case against Dr. Briggs was set before the commissioners in a variety of ways, as well before they left home as upon their reaching the Assembly. Probably its most plausible presentation upon their arrival at Detroit, was in a lawyer's brief prepared by John J, McCook, a well-known member of the New York Bar.* This brief, bristling with points, and fortified by an array of legal au- thority, was well ^iX.^^ jpriina facie to impress the ordinary lay or even clerical mind. I opened my own copy, not with- out some misgiving, lest the ground against vetoing Dr. Briggs, which had seemed to me so firm, should slip from under my feet. Let me add in passing, that had the friends of Union Seminary been as wise and zealous in their o-euer- ation as their friends, the enemies of Dr. Briggs, the result at Detroit miglit haye been quite different. It is noteworthy that a lawyer's brief, prepared with such care, and so confident in its tone, should betray an utter misapprehension of one of the most obvious and vital feat- ures of the veto power, as conceded by Union Seminary to the General Assembly. It is solely, as the General Assem- bly itself decided in 1871, the power of f.l ;