Class ^Jjp J \Q ( Book l_V^_ COPYRIGHT DEPOSIT THE PRESBYTERIAN DIGEST OF 1886. A COMPEND OF THE ACTS -AND DELIVERANCES OF THE GENERAL ASSEMBLY OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. COMPILED §2 % ©rte airt JLntl^ritg at % (gwteral ^ssmblg. BY THE Rev. WILLIAM E. MOORE, D.D. EMBRACING, WITH THE CONTENTS OF THE EDITION OF 1873, THE ACTS OP THE ASSEMBLY- FROM 1874 TO 1885, INCLUSIVE, AND AN ADDENDUM OF THE ACTS OE THE ASSEMBLY OF 1886. PHILADELPHIA : PRESBYTERIAN BOARD OF PUBLICATION, No. 133-1 CHESTNUT STREET. -£>*« o^So ?5i .n. Entered according to Act of Congress, in the year 1874, by THE TRUSTEES OF THE PRESBYTERIAN BOARD OF PUBLICATION, In the Office of the Librarian of Congress, at Washington. COPYRIGHT, 1886, BY THE TRUSTEES OF THE PRESBYTERIAN BOARD OF PUBLICATION. ALL RIGHTS RESERVED. Westcott & Thomson, Stereotypers and Electrotypers, Philada. INTRODUCTION The want of a Digest of the acts of the Supreme Judicatory of the Presbyterian Church was early felt. In 1818 the following overture was adopted by the Assembly, viz. : " Resolved, That Drs. Jane way, Neill and Ely be appointed a Commit- tee, and they are hereby appointed, to extract from the records of the Gen- eral Assembly, and of the late Synods of New York and Philadelphia, all such matters as may appear to be of permanent authority and interest (including a short account of the manner in which missions have been conducted, and their success), that the same may be published for the information of ministers and their people in our churches ; and that they report the same to the next Assembly." — 1818, p. 673. The Committee reported to the next Assembly, and were authorized to complete the work on the plan reported, and to publish it at the expense of the trustees of the Assembly. — 1819, p. 713. The Digest thus authorized was published in 1820. — 1820, p. 727. In 1836, upon an overture on the subject of a new Digest, the Assembly- — " 1. Resolved, That in the judgment of this Assembly it is expedient that a new Digest of the acts and proceedings of the highest judicatory of our Church be prepared and placed within the reach of all our ministers and elders. " 2. Resolved, That Dr. John McDowell, Mr. Winchester and Mr. Drif- field be a Committee to prepare such a Digest, and report the same to the Assembly as soon as practicable, provided the expense of its publication be not defrayed out of the funds of the Assembly."— 1836, p. 262. Nothing, however, resulted from this appointment. Further action look- ing to the preparation of a Digest was taken by the respective Assemblies N. S., 1838, p. 661 ; 1849, p. 189; O. S., 1841, p. 447 ; 1848, p. 45. See more fully New Digest, Introduction, pp. 7-10, and Baird., Rev. Ed., Preface, pp. 5-8. In 1850 the Board of Publication issued a Digest pre- pared by the Rev. Richard Webster. In 1856 the Board issued the Digest prepared by the Rev. Samuel J. Baird. In reference to this work the Assembly — Resolved, That the thanks of this General Assembly are due to the Rev. Samuel J. Baird for the labor incurred by him in the preparation of the "Assembly's Digest," recently published by the Board of Publication. Resolved, That the Digest is earnestly commended to the attention ami 3 4 , INTRODUCTION. patronage of all in our connection, and that any persons having sug gestions to make in reference to any proposed improvement in the work are invited to make them to the author thereof before the issue of a new edition.— 1856, p. 535, O. S. A new and revised edition was issued by the Board in 1859. In 1854 the Assembly, N. S., took order, appointing a Committee, Rev. George Duffield, Jr., Henry Darling and Wm. E. Moore, with the stated clerk, Rev. E. F. Hatfield, D. D., to prepare and publish a new Digest, " if it can be done without expense to the Assembly." The Digest thus directed was prepared by Rev. Wm. E. Moore, and after delay, for want of funds, issued by the Presbyterian Publication Committee in 1861. It was ac- cepted with commendation by the Assembly. — 1861, p. 463. The necessity of a more complete work which should combine the pre- cedents of the Church in all its branches, and bring them down to the latest date, was felt at once upon the reunion. The Board of Publication accordingly took action looking to this end. The Assembly of 1871 adopted the plan, as follows : "The Committee also call the attention of the Assembly to the action of the Board in reference to a new Digest of the Acts and Ordinances of the Presbyterian Church ; and it is recommended that the plan proposed on page 29 of the report be approved, and that the Moderator appoint the Committee, as recommended." The proposed plan (on page 29) is as follows : The attention of the Board having been called to the importance ol the preparation of a new Digest of the Acts and Ordinances of the Su preme Judicatories of the Presbyterian Church, brought up to the presant time and suited to the circumstances of the united body, the following action was taken, upon which the judgment of the General Assembly is desired : Resolved, That it is expedient that a new Digest of the Acts and Deliv- erances of the Supreme Judicatories of the Presbyterian Church, from the year 1706 to the present time, be prepared and published by the Board. That this Digest contain under each chapter and section of the Form of Government, Book of Discipline and Directory, every decision which defines or explains it. Also, a complete Digest of all the rules of the several Boards of the Church as at present existing. That it omit whatever has become obsolete in the usage of the Church — ■ e. g., in its benevolent operations — and all that pertains simply to matters of history. That it be requested that a Special Committee be appointed by the Gen- eral Assembly to examine and approve the book before it be issued. And it was recommended that the Rev. William E. Moore be requested to undertake the preparation of such a Digest. — 1871, p. 529. The following persons were appointed the Committee on the Digest, viz. : INTRODUCTION. O Edwin F. Hatfield, D. D., Alexander T. McGill, D. D., LL. D., and Rob- ert M. Patterson, Ministers, Hon. George Sharswood, LL. D., and Hon. William Strong, LL. D., Elders. — ib., p. 586. The Committee on the new Digest reported its completion by the com- piler and its approval by the Committee ; also, that it would speedily be published.— 1873, p. 480. The plan pursued has been to print entire " The Book," under its three heads of " Form of Government" " Book of Discipline " and " Directory for Worship.'" Under each chapter and section of these is given every deliv- erance or decision of the Assembly which serves to define or explain it. As the same or kindred subjects are found under different heads in " The Book," a system of cross references directs the inquirer to the decision sought, or the subject illustrated. The greatest labor has been expended here in classifying the acts of the Assembly under their appropriate heads. Repetitions have been freely made, where it would facilitate the use of the Digest in actual practice. The decisions of each of the Supreme Judica- tories of the Church, from the beginning in 1706, have been given. Of those from 1838 to 1869 inclusive, the Assemblies of 1869, in their concur- rent declarations, affirm : " The official records of the two Branches of the Church for the period of separation should be preserved and held as making up the one history of the Church ; and no rule or precedent which does not stand approved by both the bodies should be of any authority until re-established in the united body, except m so far as such rule or precedent may affect the rights of property founded thereon." It will be seen, however, on comparing the decisions or deliverances of the two bodies during the separation, that in a very few cases indeed are they opposed or contrary to each other. In almost every case in which the two Assemblies have spoken upon the same subject they have uttered substantially the same thing. Even if not of " any authority " as binding law, most of these decisions will be found of the highest value, as expressing the deliberate judgment of the venerable bodies uttering them, upon points of constant recurrence. It is not likely that the united Assembly w T ould now reverse any large proportion of the decisions of either body upon issues that are yet living. Under the discretion given, the compiler has omitted many of the earlier decisions, which are now found embodied in the Constitution. He has also omitted, with few exceptions, documents which are chiefly historical, and deliverances which pertain to the crises through which the Church lias passed in the years long gone by. His duty, as he understood it, was to compile, not a history, but a Digest for the guidance of the judicatories of the Church. He has felt the more free to omit the history of the schisms of the past, because they are so fully recorded in the Digests heretofore prepared, and accessible to the investigator of history. He has not felt free to comment upon the de- b INTRODUCTION. cisioris of the Assembly or to decide as to their force ; they have been left to speak for themselves. In every case the very words of the Assembly have been used, unless indicated by brackets. The discretion given has been used in a few cases in eliminating language offensive to either of the parties into which the Church was divided, but never so as to affect the meaning of the decision. The references in the Digest from 1706 to 1835 inclusive are to the three volumes published by the Board of Publication, viz. : " Records of the Presbyterian Church from 1706 to 1788," " Minutes of the General Assembly from 1788 to 1820," and " Minutes of the General Assembly from 1821 to 1835." From 1838 to 1869 inclusive, the references are to the an- nual minutes of the two Assemblies, designated respectively as O. S. and 1ST. S. ; from 1870 to 1873 inclusive, to the annual minutes of the Assembly. With great diffidence the compiler submits his work to the judgment of the Church. It has been a labor of love indeed, but yet a labor of no common toil and perplexity. To decide under what head to place a given deliverance cost often anxious thought. Nor can he flatter himself that his judgment will always meet the approval of those who pass upon his work. Believing, however, that every decision and deliverance of the Supreme Judicatories upon subjects of living interest will be found in the Digest and under the general head to which each belongs, he submits it with the hope that its method will tend to make the officers of our Church courts familiar with our incomparable Book, and with the prayer that its matter will be found to have made that Book so plain as to lessen, if not totally remove, all litigation. WILLIAM E. MOORE. Columbus, Ohio, 1873. INTRODUCTION TO THE REVISED EDITION. The adoption of the Revised Book of Discipline in 1884, with its amendments in 1885, and the lapse of twelve years since the publication of the Digest, have made necessary a new edition. The action of the Assembly, from 1874-1885 inclusive, on the Form of Govern- ment and the Directory for Worship, will be found in the appendices to those books respectively. The Syllabus is made continuous in order to present in one view the action upon all the books. The Book of Discipline has been wholly recast under the sections of the Re- vised Book. The compiler has been obliged to use his own judgment, not only as to the location of the acts and deliverances of the Assembly under the several sections, but also as to the retaining or rejecting of matter found in former Digests and in the annual Minutes of the Assembly. He gratefully acknowledges his obligations in both respects to the Rev. E. R. Craven, D. D. , and William H. Roberts, D. D. , the Committee appointed by the Board of Publication to revise his work. The criticism will doubtless be made that many cases quoted are not in accordance with the Revised Book. This is acknowledged in the Digest itself; but good reasons seem to be found for inserting them, unless they contradict the Revised Book. At the suggestion of the Committee notes have been added sparingly, signed M. , in cases where they add anything to the text. WILLIAM E. MOORE. Columbus, Ohio, Jan. 10, 1886. The following report was made to the Board of Publication by the Committee requested to examine the manuscript : Philadelphia, Pa., Jan. 14, 1886. To the Presbyterian Board of Publication : The undersigned, appointed by the Board of Publication as a Committee to Revise the Manuscript of the Presbyterian Digest of 1886, after a minute and careful examination, do hereby signify our approval of the same. Respectfully, Signed. E. R. CRAVEN, WM. H. ROBERTS. Action of the General Assembly of 1885. Resolved, That this General Assembly, having heard of the intention of the Board of Publication to publish a new edition of Moore's Digest of the acts and deliverances of the General Assembly, do approve of such publication, and hereby recommend the same to the Church. Resolved. That this General Assembly hereby records its sense of obligation to the Rev. W. E. Moore, D. D. , for his faithful, diligent and skillful services in the preparation of the present Digest. SYLLABUS I.-FOEM OF GOTEEXMEST. II.-BOOK OF DISCIPLINE. III.-DIEECTOET FOE WOESHIP. SYLLABUS. BOOK I. FORM OF GOVERNMENT. CHAPTER I. PPELIMIXAKY PRINCIPLES. I. "God alone is Lord of the Conscience." The right of Private Judgment inalienable. The Civil Power to aid only by way of Protection and Security. II. The right of the Church to declare the Terms of Admission to its Communion and the Qualifications of its Ministers and Members. III. Christ hath appointed Officers to Preach the Gospel and Administer the Sacraments ; also, to exercise Discipline. IY. Truth is in order to Goodness; is essential to Holiness. The connection between Faith and Practice is inseparable. V. All admitted as Teachers should be Sound in the Faith. But Charity is Duty where there may be Difference of Opinion. VI. Holy Scriptures define the Qualifications and Authority of Church Officers. But the Election to the exercise of this Authority is in the particular Society in which it is to be exercised. VII. All Church power is Ministerial and Declarative simply. No Church Court may make Laws to bind the Conscience. Their Decisions should be founded upon the Word of God. VIII. Ecclesiastical Discipline moral in its object ; has no civil effect, and derives its force from its own justice and the blessing of God 43 Adoption of the Westminster Standards. 1. The Overture laid over for a year. 2. The Confession of Faith, Larger and Shorter Catechisms of the Westminster Assembly adopted. 3. The " Directory for Wor- ship, Discipline," etc., recommended. 4. Intrants and Candidates to adopt the Stand- ards, a, b. 5. The Adopting Act to he inscribed in each Presbytery Book. 6. An Act explaining the Adopting Act. 7. Plan of Union of the Synods of New York and Philadelphia, 1758. Declarations of the Synod — a, as to the mode of adopting the Confession ; b, as to the Directory ; c, d, as to the authority of " Pardovan's Col- lections." 8. The Constitution as adopted in 178S: a, Form of Government and Discipline, and the Confession of Faith, ratified; how they may be altered; b, The Directory for Worship and the Catechisms amended and adopted. 9. Proof texts added by order of the Assembly, a, b, c. 10. Authority of the Notes ; the text alone contains the Constitution. 11. Use and Obligation of the Standards. 12. Subscrip- tion to them required in every case. 13. The Catechisms are an integral part of the Standards, a, b, c; d, The Heidelberg Catechism approved; e, Subscription to the Confession implies assent to the Catechisms. 14. Ministers who cannot adopt the Standards not to be received. 15. The Assembly refuses to alter the language of the Confession. Eelations of the Old and" New School Assemblies, 1838- 1870. 16. Committee of Correspondence appointed, a; The result, b. 17. Answers to Overtures on Eeunion, N. S. 18. O. S. 19. Correspondence between the Assem- blies initiated, O. S., a; Eesponse of N. S., b. 20. Action looking to Eeunion ; Com- mittees appointed, a, b, 1866. 21. Eeport of the Joint Committee en Eeunion ; terms proposed. 22. Action on this Eeport; Assemblies of 1867; a. the O. S. ; b, the N. S. ; the Committee continued. 23. Second Eeport of the Joint Committee, 1868; 11 12 SYLLABUS. Proposed Terras of Eeunion : a, Action of the Assembly O. S. approved and sent to the Presbyteries; b, Action of the Assembly N. S. approved and sent down as an Overture. 24. Eeport of Special Committee on the above Eeport, N. S. 25. Modi- fication proposed, O. S., a; Answer, N. S., b. 26. Protest of E. P. Humphrey and others, a; Answer of the Assembly, b. 27. Answers of the Presbyteries to the Overture on Eeunion : a, of the O. S. ; b, of the N. S. 28. General Assemblies of 1869 at New York : Committees appointed, a, b, by both Assemblies. 29. Ee- port of the Joint-Committee : I. Plan of Eeunion ; II. Concurrent Declarations ; III. Eecommendation of a Day of Prayer. 30. The Eeport adopted : a, by the O. S., b, by the N. S. 31. The adjourned meetings at Pittsburg, November, 1869: a, Ee- port of the Stated Clerk O. S. ; b, Eeport of the Stated Clerk N. S. 32. Eeport of the Joint-Committee of Conference. 33. The Eeunion declared as of binding force. 34. The Eeunion Convention. 35. The "Memorial" Eesolution. 36. Plan of the Memorial Contribution. 37. Eeport of the Committee on the Memorial Fund 45 CHAPTER II. OF THE CHURCH. I. The Church is the Kingdom of Christ. II. The Universal Church. III. Consists of many Particular Churches. IV. A Particular Church defined. 1. New Churches, how organized: a, Ordinarily by application to Presbytery; b, Mode of Procedure; c, Entering into Covenant ; d, Election of Elders and Deacons ; e, Eeported to Pres- bytery, and taken under its care ; / and g, Imperfectly organized congregations. 2. Who are the constituent members of the Church, a, b, c, d. 3. Of Trustees and Charters, a, b. 4. Control of Trustees over a House of Worship. 5. Eespective Eights of Trustees and Sessions, a; to be decided by local laws, 6. 6. Congregations acting through their Trustees not responsible to the Presbyteries. 7. Decision of U. S. Supreme Court as to the relative rights of Trustees and Sessions 107 8. Eespective Eights of Sessions and Trustees as to the Use of Church Property. 9. Churches organized without Elders to complete their Organization, and no such Churches to be hereafter received. 10. "Committee Men" are not Elders 475 CHAPTER III. OF THE OFFICERS OF THE CHURCH. I. The Extraordinary and Temporary. II. The Ordinary and Perpetual. See under Chaps. IV., V., VI 112 CHAPTER IV. OF BISHOPS OR PASTORS. The Pastoral Office, its dignity, duties and titles. 1. Stated Supplies have not a Pastoral Eolation : a, the Eelation discouraged; b, The Pastoral Eelation enjoined ; c, d, The system of Stated Supplies unknown to our system ; e, Churches having Stated Sup- plies represented as if vacant ; /, Presbyteries should decline to ordain to serve as a Stated Supply. 2. Fidelity in Pastoral Duties enjoined, a, b, c 112 3. Stated Supplies, their Eights and Eelations to the Church : a, They have not the Eights of a Pastor ; b, They have such only as may be expressly conferred by Pres- bytery ; c, They may not Preach in the Pulpits of a Presbytery without its consent; d, a Pastor Elect is not, ipso facto, a Stated Supply. 4. The Pastoral Eelation Em- phasized and Encouraged. 5. Ministerial Eights are not affected by being Honor- ably Eetired 476 CHAPTER V. OF RULING ELDERS. Ruling Elders are the Representatives of the People, a, Assistants to aid the Minister. 1. The Eldership Essential to the Existence of a Presbyterian Church. 2. Elders must be duly elected and set apart. 3. A Euling Elder without Charge has no seat in a Church Court. 4. He cannot hold office in two Churches at the same time; 5. Nor adjudicate in a Church in which he is not an Elder. 6. He has the same Eight to sit in Synod as in Presbytery. 7. Eestoration after suspension from Church Privilege does not Eestore him to Office. 8. Elders are not to participate in the Ordination of Ministers, by the Laying on of Hands, a, b, c, d. 9. They may not Administer Sealing Ordinances. 10. May Explain the Scriptures and Exhort, in the Absence of the Pastor. 11. Are amenable to Presbytery, when the Session is Incompetent to Act 114 FORM OF GOVERNMENT. 13 CHAPTEE VI. OF DEACONS. Scripture Warrant for the Office. 1. Deacons have no Juridical Power, a. Their Func- tions and Duties, b, c. 2, The same Person may hold the Office of Elder and of Dea- con, if necessary. 3. The appointment of Deacons Enjoined. 4. The Deacons alone have control of Funds Collected for the Poor of the Church. 5. The Session may determine whether the Deacons shall Officiate on Sacramental occasions. 6. Dea- cons may not Represent the Church in its Courts 118 7. Deacons may distribute the Bread and Wine at Communion ; a, b, A Deacon may be also an Elder • 478 CHAPTER VII. OF ORDINANCES IN A PARTICULAR CHURCH. The Ordinances Enumerated. See, also, Directory for Worship 120 CHAPTER VIII. OF CHURCH GOVERNMENT AND THE SEVERAL KINDS OF JUDICATORIES. I. The Necessity of Definite Form in Government. Our Church Governed by Congregational, Presbyterial and Synodical Assemblies 120 II. The Power of these Assemblies is wholly Moral and Spiritual. It is Ministerial and Declarative. They possess the right — To require obedience to the laws of Christ; To exclude the Disorderly ; To obtain Evidence and inflict Censure. The highest Penalty they can inflict is Exclusion of the Impenitent and Contumacious. 1. Union of Church and State Disavowed ; Relations of the Church to the State Defined. 2. The right of any Ju- dicatory to bear Testimony against erroneous and injurious Publications 120 3. Judicial Authority cannot be granted to Bodies other than those established by the Constitution 479 CHAPTER IX. OF THE CHURCH SESSION. I. The Members of the Session. The Pastor and Elders of that Particular Congregation. 1. A Session formed of Elders, not of that particular Congregation, is unconstitu- tional and its acts void, a, b, c, d. 2. An Elder may not adjudicate in any other Church than that of which he is an Elder. 3. A Minister may not sit as a corre- sponding member; nor be assigned as Counsel. 4. Elders must be ordained before they can act judicially ; otherwise, the Decision is invalid. 5. An Elder dismissed, and Returning his Letter unused, is reinstated in Office 123 II. Quorum of Session. The Pastor must always be one, with two Elders, if there be so many. 1. A Minister, with one Elder, may be a Quorum, a, Where there is but one, b, c, Where Refusal to act or Incapacity leaves but One. 2. Less than a Quorum are incapable of any Organic Act 124 3. Where an Elder is Incompetent, or Refuses to Act. 4. Official Acts of Session can be performed only when it is Regularly Convened, and making due Record. Prayer in Opening and Closing recommended. 5. Prayer at the Closing of the Meetings of Session 480 III. The Moderator of the Session. Ordinarily the Pastor. For Special Reasons the Session may invite any other Minister belonging to the Same Presbytery to Preside. [See under IV., below] 125 A Pastor Elect is not Moderator by virtue of the Call in Progress 4S1 IV. When a Church is without a Pastor. The Moderator may be the Minister appointed by the Presbytery for that purpose; or One of the Same Presbytery (see iii., above), or a Member of the Session. 1. Where a Minister is the Accuser, a Minister should Pre- side. 2. Who may Moderate the Session in the Absence of a Pastor, a. b, Only a Member of the same Presbytery, in cases contemplated in Sections III. and IV., Chap. IX. c, The Session to judge when it is Impracticable to obtain a Mod- erator 125 V. Wliere there are more Pastors than One, they should Preside Alternately 127 VI. The Duties and Powers of the Church Session: To Maintain the Spiritual Government of the Congregation. 1. The Session has Original Jurisdiction over the Members of the Church, a, b, c, d. 2. Jurisdiction over a Suspended Member is in the Court which Suspended him. 3. A Church Member may not be Excommunicated on Con- fession. Confession may Shorten Process, but docs not Dispense with Trial. 4. To Receive Members to the Church. The vote of the Session admits the Members to the 14 SYLLABUS. Church ; those unbaptized must he baptized ; the Session may prescribe a Public; Profession of the Faith, and employ a Church Covenant; such Covenants Dis- cretionary. 5. An unbaptized Person must make a Public Profession. 6. A Mem- ber Eeceived from another Church, should bring a Certificate. 7. Members should be received only by an Individual Session, regularly constituted, a, For a Session to Eeceive those intending to belong to another Congregation, irregular, b, also, to Eeceive Members from Churches of our connection who have not been Dismissed. 8. Eepresentation in the Superior Courts Eequired, a, b. 9. Attendance of Elders upon Synods Enforced, a, b. 10. The same Elder who Eepresented his Session at a Stated Meeting must Eepresent it an Adjourned Meeting. 11. Session may not Prohibit Collections Ordered by the Superior Court, a, b 127 12. The Session has Oversight of the Conduct of Church Members. 13. Church Music is under the Control of the Session. 14. Duty of the Session in the Case of those who have joined another Church, and are in other respects irregular. 15. Duty of the Session in Case of those who doubt their Piety. 16. Communion Wine. The Purest attainable to be used, a, b. 17. The Eebaptism of Converts from Eomanism. Discretionary with the Session in each Case, a; Judicial Case, b. 18. In appointing Delegates to the Higher Judicatories, the Session should designate the Service to be Eendered. 19. Discretion of the Session as to Women's part in Meetings for Prayer, a, b. 20. The Examination of Candidates for Admission to Sealing Ordi- nances, ordinarily in the Presence of the Session 482 VII. The Pastor may Convene the Session at his own Discretion, and must Convene it when Requested by Two Elders 132 VIII. The Session must keep full Records, and Submit them to Presbytery Annually for Review. 1. The Eecords must be full. 2. Testimony in Judicial Cases must be engrossed. 3. Eecords approved may not be altered ; how an Error may be cor- rected 132 IX. Register to be kept of Marriages, Baptisms and Admissions. 1. Eeports to show only Actual Membership. 2. Ministers not to be Enrolled as Members of the Church thev Serve 133 3. Eolls of Baptized Children not Communicants to be kept, a; their Names to be Embraced in Certificates of Dismission, b. 4. The Aggregate Numbers of Elders and of Deacons to be Eeported. 5. Acting Elders only to be Eeported, a ; all Members in Communion to be Enrolled. 6. Forms of Blanks for Narratives to Presby- tery 486 CHAPTEK X. OF THE PRESBYTERY. I. The Need of Mutual Counsel and Assistance ; hence Presbyterial and Synodical Assem- blies 134 II. What constitutes a Presbytery. All the Ministers, not less than five, and one Elder from each Church within certain Li7nits. 1. Presbyteries constituted of Ministers, a, b, c. 2. Presbyteries should be bounded by Geographical lines, a. Elective Affinity dis- couraged, b. Exceptions, c, d. 3. Ministers, W. O, entitled to a seat. 4. An Elder, W. O, is not entitled. 5. Ministers living without the Bounds of their Pres- bytery to give Satisfactory Seasons, or be transferred to the Presbytery within which they Eeside. 6. Ministers, W. O, must unite with the Presbytery within which they Eeside, or are nearest to. 7. The above Eule Defined : Its meaning, that every Minister should be a Member of the Presbytery in whose bounds he Besides. 8. Presbyteries must be Defined by Geographical lines, or lines of Travel. 9. Pres- byteries may not be organized so as to cover the same ground 134 10. Presbyteries previously Formed with less than five Ministers will not be Dis- solved, a; a Presbytery continuing with less than five Ministers Dissolved. 11. The Presbytery to judge in each Case of those Living out of their Bounds, a; Case of James Smith, b. 12. Presbyteries and Synods in Foreign Missionary Fields 489 III. Every Congregation having a Pastor has the Right to be Represented in Presbytery by an Elder, and an additional Elder for every additional Pastor. Term " Collegiate Church " defined. 1. "A Church with more than one Pastor ; " 2. " Two or more Churches united under one Pastor," a; Confirmed, b, 490 138 IV. Two or more Churches, united under one Pastor, are entitled to but one Representative. 1. United Congregations Eepresented by but one Elder. 2. Where a Minister serves one Church as Pastor, and another, or others, as Stated Supply, each is en- titled to a Eepresentativo. 3. Churches in different Presbyteries under one Pastor as permitted by the Eeconstruction Act 138 4. Churches in different Presbyteries, under one Pastor, are under the Care of the Presbytery to which the Pastor belongs while the Eelation continues 491 FORM OF GOVERNMENT. 15 V. Every Vacant Congregation Entitled to a Representative. Every Congregation which has not a Pastor is vacant, a, b, Even though it may be Statedly Supplied 139 VI. Presbytery may Require a Certificate of Appointment 139 VII. Quorum. Three Ministers and as many Elders as may be present. 1. A Quorum may consist wholly of Ministers, a, b ; Explanatory, c. 2. Less than three Ministers not a Quorum. 3. Less than a Quorum may adjourn ; any other Act is void ; they can- not Receive a Member so as to get a Quorum. 4. The Assembly, on Petition, sanc- tions the Reception of a Member by less than a Quorum, a, b, c, d 139 Case of John D. Hewitt, e 491 VIII. Powees OF the Presbytery. 1. To Receive and Issue Appeals and Refer- ences from Church Sessions, etc. See BooJ: of Discipline, Chap. VII., Sees. I., II., III. and IV 144 2. To Examine and License Candidates for the Ministry. Licentiates should be Regularly received and with caution ; a, Case of John McClean ; b, Case of Francis Hind- man; c, Case of James McCoy. See under Form of Government, Chap. XIV., "Of Licensing Candidates" 144 2. The Assembly has no Power over the Functions of Presbytery, in Licensing, but that of Review 492 3. To Ordain Ministers. 2. Ordination by a Commission, a; George Gillespie, b; Robert Wotherspoon, c; David Evans, d. 3. Ordination by Foreign Bodies not Approved of. 4. Lay Ordination is Invalid, a, b. 5. Rules for Receiving a Minister from another Church ; the same qualifications required as of our own Candidates : If found qualified they are not to be Re-ordained, but only Installed if called to settle over a Presbyterian Church, a, b. 6. Ordination procured by Deception and Fraud valid ; but Presbytery should at once depose the Impostor. 7. Ordination on the Sabbath at the Discretion of Presbytery. 8. Reasons for receiving an Ordained Minister to be Recorded. 9. Leave to Ordain Refused, where there is no Presbytery, a 145 Presbyteries only are Competent to Ordain Ministers, b : If one who has been Deposed, or who has Demitted the Ministry, is Restored, he must be Re-ordained, c 492 4. To Install Ministers. 10. The Cognizance of Settling Pastors belongs to Presbytery. 11. A Pastoral Relation Recognized without Installment. 12. The Presbytery may Refuse to Install, even where the Parties are Agreed 149 13. To Install is at the Discretion of the Presbytery 493 5. To Remove Ministers. 13. The Presbytery may Dissolve a Pastoral Relation at its own Discretion, a, b. 14. Presbytery Dissolves Pastoral Relation by order of Synod. 15. A Pastor may not be Dismissed to a Body other than that to which his Church belongs 150 6. To Judge Ministers. 16. The Presbytery is the Judge of the fitness of its Members. 17. It may Reject an Applicant; 18. But not without Sufficient Reason, a, b. 19. When a Presbytery has become extinct, and a Member of it is charged with an Offence, it is Optional with the Presbytery in whose bounds he lives to Receive and Try him, or not ; in the latter case, the Jurisdiction is in the Synod. 20. How Min- isters and Licentiates are Received from Corresponding Bodies. 21. Ministers Dis- missed in Good Standing should be Beceived on their Testimonials. 22. The Pres- bytery has the Right to satisfy itself in every Case, and to Decliue to Eeceive. The "Imperative Rule." 23. A Presbytery may not give a qualified Dismission; Nor Receive a Member of a Presbytery except upon a Letter of Dismission from his Presbytery ; where the Reception is void, the name should be Stricken from the Roll. 24. Dismission may be to a Presbytery to be Erected. 25. To Dismiss by a Committee is Unconstitutional, a, b, c. 26. Rule for Receiving Foreign Ministers. 27. The Rule Enforced, a y b, c. 28. Rule applies to one Seeking to be Restored. 29. Privilege lost by return to Europe. 30. The Rule applies to Canada, a, b. 31. One Educated and Licensed here, but settled abroad, excepted from the Rule. 32. Relaxation of the Rule Refused. 33. Waived in case of a Minister from a body in Correspondence. 34. The Rule Repealed, as to Ministers from the Presbyterian Churches of Great Britain. 35. Jurisdiction over Ministers non-resident, a, b, c. 36. A Presbytery may not Restore a Minister Deposed by Another. 37. One who has withdrawn can be Restored only by the Presbytery from which he withdrew. 38. A Minister neither Suspended nor Dismissed, may not be Stricken from the Roll. 39. The Name of one Suspended is to remain upon the Boll, pending the final issue. 40. Deposition does not necessarily infer Excommunication ; Where so Intended, it should be so Expressed, a, b. 41. If a Deposed Minister persist in exercising the Functions of the Ministry, his Name to be Published 150 41 a. Examination of one coming from another Presbytery, Discretionary. -11 8. Min- isters from other Denominations to be carefully Examined in Theology. 11 c. Be- 16 SYLLABUS. ception of Foreign Ministers : Rev. Leopold Levasseur, a ; Andreas Baumgartner, 6 ; Emil Sage, c. 41 d. The Rule Repealed as to the Presbyterian Churches of Canada. 41 e. The Name of one Suspended to Remain upon the Roll. 41 /. The Presbytery- is the Judge of the Character of Ministers 493 42. Questions Pertaining to the Ministry. 1. Of those who Withdraw from the Work of the Ministry, a ; Case of one Struck from the Roll,, b ; If Persistent, to be Excluded or Deposed by Discipline, c; Presbytery to Inspect the Fidelity of its Members, d ; Reasons for Withdrawal to be Required and Recorded with Approval or Disapproval, e, f; To be Called to Account, g; The Rule of 1834 Enforced, h. 2. When Providentially Incapacitated, Ministerial Privileges Remain. 3. The Right of Ministers, W. C, to sit in Church Courts Unimpaired, a, b, c. 4. May hold civil office, in Special Case. 5. May serve as Chaplain in the Army or Navy, a, b, c, d, e, f. 6. Demission of the Ministry, a ; Directed, b ; Permitted by Presbytery, Dis- allowed by Synod, c, d; Similar Action, e; A Full Minute, Denying the Right to De- mit. 7. Ministers are not to be Enrolled as Members of the Churches they Serve. 8. One Withdrawing from Presbytery Stricken from the Roll, a, b, c, d 161 9. The Names of those who Withdraw Irregularly to be Stricken from the Roll, a; Citation in such Cases not Necessary under the Revised Book, b. 10. Those who have Identified themselves with other Denominations to be Dismissed or Stricken , from the Roll, a; But only when he has Recognized the Jurisdiction of some other Denomination, or Declared his Independence, b 494 7. To Examine and Approve or Censure Church Records. 43. The Presbytery must Review the Records of the Session, a, b 170 8. To Resolve Questions of Doctrine or Discipline, Seriously Propounded, 170 9. To Condemn Erroneous Opinions which injure the Purity or Peace of the Church 170 10. To Visit Particular Churches; to Inquire and Redress. 44. The Right of Visitation asserted, a; Acts of Insubordination Null and Void, b. 45. Presbytery may, without petition, Direct an Elder to Cease Acting. 46. A Church may not Withdraw, with- out Consent of Presbytery, a, b. 47. When a Church wishes to Withdraw — course to pursue. 48. Presbytery, on Visitation, may Dissolve a Church 170 48 a. A Church cannot Withdraw Regularly without Consent of Presbytery. 48 b. The Presbytery may Dissolve a Church, a; Dissolution is in the Discretion of the Pres- bytery, subject to Appeal, b; The Church must have notice of the Proposed Disso- lution, c 495 11. To Organize, Unite and Divide Churches. 49. To organize Churches is the province of Presbyteries, except in Frontier and Destitute Settlements. 50. Organization on Petition of the Minority. 51. Presbytery Prohibits an Organization. 52. When New Congregations may be Formed. 53. Congregations should not be Divided without the Request of the People , 173 53 a. Churches should not be Organized where the People can be Supplied with Church Privileges by existing Presbyterian Churches. 53 b. Presbytery has power over the Location of a Church. 53 c. Presbytery has Power to Divide a Church 497 12. To Order Whatever Pertains to the Spiritual Welfare of the Churches. 54. Presby- tery, in its Discretion, Dissolves a Pastoral Relation, a; Minute in the Case, 6. 55. A Presbytery may not Dismiss a Church, without Consent of Synod. 56. Power of Presbytery over Unemployed Ministers and Vacant Churches ; Mode of Pro- ceeding 174 56 a. Power of the Presbytery over Unemployed Ministers and Vacant Churches. Plan of 1881, a; The Rule Defined as to Section Three, b. 56 b. The Superior Judicatories may Institute Process. 56 c. Duty of the Presbytery in Case of Members who do not Report, a, b. 56 d. Powers of the Presbytery over the Pulpits of its Churches, a; Presbytery may issue a Certificate of Dismission to a Member of a Church under Special Circumstances, 6 ; It shall give a Letter of Dismission to a Member of an Extinct Church, c 498 IX. The Records. To be Tcept Full and Fair. To Report to Synod every Year all Im- portant Changes. See under Form of Government, Chap. XL, Sec. VI. 1. Narrative and all Important Papers to be Recorded. 2. Rules as to Reports to Synod Modified 177 3. Churches holding Service in Foreign Languages to be Designated. 4. The Stated Clerk may Correct Errors 501 X. Meetings of Presbytery. On its own Adjournment; Pro re Nata; How Called; Who may Act; On what Authority; What Notice to be Given, and what Business may be Done. 1. Presbytery may Meet out of its Bounds. 2. A Meeting pro re nata may not be called by a Moderator chosen at a Former Meeting pro re nata, but only by the Moderator chosen at the Stated Meeting. 3. When Meetings pro re nata may be FORM OF GOVERNMENT. 17 called. 4. Applicants for a Meeting pro re nata may Specify Time and Place, which the Moderator may not change 178 5. What Business may he Done at a Called Meeting 502 XI. At every Meeting a Sermon should be Preached, if convenient, and every Particular Ses- sion must be Opened and Closed with Prayer. 1. The Preacher need not necessarily be a Member of that Presbytery 179 XII. Presbytery may Invite Ministers to sit as Corresponding Members ; To Deliberate, but not to Vote. 1. Leave given to Correspond with Local Bodies, a, b, c. 2. The Eccle- siastical Bodies must be Named 180 CHAPTER XI. OF THE SYNOD. f. The Synod, a Convention of the Bishops and Elders within a District, including at least Three Presbyteries. The Synod may be Composed either of all the Bishops and an Elder from each Congregation, or of equal Delegations of Ministers and Elders in a Ratio de- termined by itself and its Presbyteries. 1. Synod may not Refuse to Receive the Mem- bers of its Presbyteries, a, b, c, Nor enjoin the Erasure of their Names. 2. The Synods as Constituted by -the Enabling Act of 1870. 3. Changes in the Boundaries of the Synods, a, b, c, d, e, f, g, h, i, Jc, I , 181 4. The Synods as Reorganized in 1881, a; The Enabling Act, b. 5. Synods Formed since the Reunion. — Nebraska, a; The Columbia, b ; Texas, c; Utah, d; Dakota, e; North Dakota, /. 6. Mode in which a Synod may become a Delegated Body 503 II. Quorum of Synod. Seven Ministers, but not more than Three Belonging to one Pres- bytery. 1. The Rule as to a Quorum must be Observed, a, Invalid Proceedings, how Cured, 6, Acts of Less than a Quorum, Void. 2. Session on the Sabbath for Busi- ness, Censured, a, b. 3. The Remedy when Synod fails to meet on its Adjournment, a, Less than a Quorum may Adjourn from Day to Day, The Moderator may fix Time and Place, b, The Assembly may fix both. 4. Pro re nata Meetings of Synod are Constitutional, a, The Moderator may call such Meeting, b, c. 5. The Mod- erator must Specify the Object for which it is Convened. 6. The Moderator has no Power to Change the Time of Meeting, a. b. 7. The Assembly' may Change the Time and the Place 188 8. Chap. X., Sec. X., Form of Government, does not Apply to Synod. 9. A pro re nata Meeting to Approve the Minutes Sustained. 10. Action of Synod changing the Place of Meeting Legalized. 11. How the Place of Meeting may be Changed 508 III. Rules as to Corresponding Members, Same as in Presbytery 191 IV. The Powers op the Synod. 1. To Receive and Issue Appeals regularly Brought ; To Decide References ; Its Decisions on Appeals, Complaints and References, which do not Affect Doctrine or Constitution, being Final ; To Review the Records of Presbyteries ; To Redress Wrong-Doing in the Presbyteries; To Oversee the Presbyteries ; To Erect, Unite, or Divide Presbyteries; and Generally to take Order for the Edification of the Church. The Synod has Power to act by Commission in Judicial Cases 509 1. The Synod has Appellate, but not Original Jurisdiction, a, b, c. 2. Appeals must be in Regular Order; Parol Testimony may not Supersede the Records. 3. Synod may not Institute Judicial Process ; Such Proceeding Void. 4. The Synod may Reverse and Correct Proceedings on Complaint, but must Observe the Principles of Discipline. 5. The Synod has Jurisdiction over the Members of an Extinct Presbytery. 6. A Synod ''visits" a Church to ascertain the acceptability of its Elders. 7. Directs a Presbytery to Dissolve a Pastoral Relation 191 8. Directs a Presbytery to Issue a Certificate of Dismission 509 V. Meetings of the Synod. At least Annual ; To be Opened with a Sermon; Every Session to be Opened and Closed with Prayer. 1. The Rule as to the Opening Sermon Literal. and to be Obeyed, a, b. 2. The Records should show that the Sessions were Opened and Closed with Prayer, a, b, c, d, e, f, g, h, i, j 193 VI. The Records must be full and fair ; They must be Submitted Annually to the Assembly; Report of Number of Presbyteries. 1. Report must be Full, a, b: Assigning Reasons for Decisions, c, d; Recording the Nature of the Action, e, f, g, h, i, Similar Defects 2. The Records should be Fair. 3. Must be Presented Annually, a, h. Reports to Assembly, c, d, Censure for Carelessness, e, and for not having Presented Annually, /, g, h, i. 4. The Records must show all Changes in the Presbyteries, . c, d. 6. The Minutes should be Read and Approved, a, b, c, d, e. 7. They should he Attested by the Stated Clerk, a, b, c. 8. Absentees must he called to Answer. 9. Their Names must be Recorded, a, b, c. 10. Synod may not Discipline Absentees without Trial. 11. A Narrative of the Stale of Religion should he Prepared and Recorded, a, b, c 194 3 18 SYLLABUS. 12. Seasons for Judicial Actions must be Eecorded, a, b, c. 13. The Subject-matter of a Complaint must be Eecorded, as also the Disposal made of it. Synod of Illinois Central, a; Synod of Baltimore, b; Synod of Nebraska, c. 14. A Special Becord of all Judicial Decisions must be sent up. 15. The Becords must be Attested. Synod of Erie, a; Synod of Baltimore, b. 13. Corrections may not be made after Beview. 14. Becords should be kept in Handwriting. 15. Permission given to Present Printed Becords on Conditions Prescribed. 16. The Absentees must be Becorded. 17. The Becord must State the Character of the Complaint and whether due Notice was given. Papers Adopted must be Becorded. Synod of Columbia, a ; Synod of Minnesota, b. Synod of Missouri. Where a Paper is Becorded, Becord must be made of the Action upon it, c. 18. The Becord should be without Abbre- viations. 19. The Minutes should be Bead and Approved before Adjournment. Synod of Cincinnati, a ; Synod of Minnesota, 6 510 CHAPTER XII. OF THE GENERAL ASSEMBLY. I. The General Assembly the Highest Judicatory of the Church; Its Official Title. 1. The Formation of the General Assembly, a, b. 2. Annual Organization of the Assem- bly. 3. Bules of Organization ; Committee on Commissions, a : Committee of Elec- tions, b, c. 4. Mode of Choosing the Moderator. 5. Installing the Moderator. 6. Communications Addressed to the Moderator. 7. He has only the Casting Vote. 8. When the Moderator will not Preside, a, b, c. 9. Bules as Adopted in 1871. 10. Officers of the Assembly. 1. The Stated Clerk ; His Appointment, a; His Duties, b ; To Notify Presbyteries whose Commissioners have left without Excuse, c ; Stated Clerk to Act as Treasurer of the Assembly; His Salary, d. 2. The Permanent Clerk ; His Appointment and Duties, a, b, c, d ; His Salary, e. 3. The Temporary Clerks, a, b; Choice not Confined to Members of Assembly, c, d 200 II. Organization of the Assembly. The Bule of 1871, as Amended, a; The Standing Orders, b. 12. The General Bules for Judicatories, as Amended, 1880 and 1885. 13. The Stated Cleik, his Salary, a; To Act as Treasurer, b ; Arrangements for • Transportation of Commissioners Placed Permanently in his Hands. Compensa- tion, c ; Temporary Clerks to be Nominated by the Stated and Permanent Clerks, d ; 14. Duties of the Committee on Bills and Overtures 514 II. Bishops and Elders to be Equal in Number ; Ratio and Style of Delegates. 1. The Batio. 2. Where more are Elected than their Quota, the last Elected are Eefused. 3. Commissioners should be Chosen who will Attend during all the Sessions. 4. Corresponding Members : Not to be Invited. 5. Delegates from other Bodies not now Entitled to Vote. 6. The Secretaries of the Boards ; The Stated and Perma- nent Clerks have the Privileges of Corresponding Members, a, b. 7. The Standing Committees of the Assembly. I.— XVIII 211 III. Quorum of the Assembly 217 IV. Duties and Powers of the General Assembly : To Receive and Issue all Appeals and Refer- ences that Affect the Doctrine and Constitution of the Church that may be regularly Brought before them. The Assembly may, in Judicial Cases, act by Commission. It shall Review the Records of the Synods; Give Advice in Cases Submitted to it ; and Constitute the Bond of Union, Peace and Correspondence among all our Churches. 1. The Assembly will not ordinarily Decide Questions in thesi, a, b, c, d, e. 2. The Committee on Synod Becords shall consist of five Members 217, 521 V. Powers of the General Assembly. 1. Decisions and Deliverance? on Doctrine. 1. Case of Samuel Harker. 2. Testimony against Universalism and Socinianism, a, b, c. 3. Case of Hezekiah Balch. 4. Of William C. Davis; His Book— The Gospel Plan— Condemned. 5. Of Thomas B. Craighead. 6. Of Albert Barnes. 7. Testi- mony against Doctrinal Errors. 8. An Explication of Doctrines. 9. Testimony against Certain Disorders and Irregularities. 10. Powers of the Assembly in Dis- cipline ; Definition and Limitations. 11. Testimony of the Assembly on the Out- break of the Civil War, 1861. 12. Bcsolutions on the State of the Country, and Letter to the President of the United States, 1862, a, b, 13. Duty of Citizens to Support the Administration, 1863. 14. Bcsolutions Upholding the Government, 1864. 15. Upon the Assassination of President Lincoln, 1865. 16. Powers of the Assembly in Defining and Determining which are True and Lawful Judicatories. 17. Case of the Walnut St. Church, Louisville ; the Assembly passes upon the Valid- ity of the Election of Buling Elders, a, b ; The Case in the Courts of Kentucky, c; Appeal Directed to be Taken to the Supreme Court of the United States, d; Final Report; The Position of the Assembly Sustained by the Supreme Court, e; Beport of the Case; Opinion of the Court,/. 218 IB. The Bight to Petition and to Memorialize the Assembly Affirmed, a, b. 19. One who does not Submit Debarred the Bight. 20. Bills and Overtures Beceived only from Presbyteries and Synods. 21. Memorials Beceived from Individuals, a, b, c, d. FORM OF GOVERNMENT. 19 22. Memorials and Overtures Received from Bodies other than Presbyteries and Synods, a, b, c, d. 23. The Rule of 1870 Affirmed and Enforced, a, b, c, d, e. 24. The Rule does not Deny the Right of Petition. 25. Decisions and Deliverances on Doctrine. Case of John Miller, D. D., a; Case of the Rev. Isaac M. See, b ; De- liverance on the so-called Higher Criticism, c. 26. The Power of Visitation exer- cised by the Assembly, a; Report of the Committee, b. 27. Pastoral Letter on Sabbath-schools. 28. Testimony against the Support of Roman Catholic and other Denominational Institutions by Public Funds 522 2. Of Erecting New Synods ; Altering their Bounds, etc., a ; Erecting, b ; Changing Boun- daries, c; Transferring Churches, d, Dissolving Synods, e 263 Reorganizing, /; Erecting New Synods, g 531 3. Of Erecting, Modifying, Changing and Dissolving Presbyteries, a, Of Erecting, etc., Carlisle, Huntingdou ; b, Columbia, Oneida, Albany ; c, Geneva, Detroit, Chenango ; d, Philadelphia Second ; e, Philadelphia Third ; /, Luzerne ; g, Wisconsin ; h, Ningpo, Amoy, Western Africa ; i, California, San Francisco, Oregon, Sierra Nevada and San Jose ; j, Yedo, Wyoming, Montana. 2. To Transfer Churches. 3. To Transfer Min- isters, a, b. 4. To Receive other Ecclesiastical Bodies, a, The Presbytery of Suf- folk; b, The Presbytery of Charleston; c, The Associate Reformed Synod; d, The Presbytery of Pittsburg, of the Reformed Presbyterian Church. 5. To Define the Succession of Presbyteries 263 Erecting, etc., Puget Sound, South Oregon, Denver, Pueblo, Alaska, Chili, Zacatecas, a; Dissolving, 6 ; Changing, c. 6. Of Receiving, etc., Presbytery of Philadelphia, of the Reformed Presbyterian Church 531 4. Of Corresponding with Foreign Churches. 1. The Assembly alone may open Cor- respondence. 2. Proposals for Correspondence with the New England Churches. 3. Plan of Correspondence with the General Association of Connecticut. 4. The Plan of Union and action under it. 5. Correspondence with the Reformed Churches, a, With the Reformed Dutch Church; b, Amendments of the Plan; c, Proposal Declined ; d, Complaint against Presbytery of North River. 6. Southern Presbyterian Church Recognized as an Independent Body. 7. Correspondence with the Southern Presbyterian Church, a, b, c ; d, Answer of the Southern Assembly ; e, Action touching the Southern Assembly Declared null and void. 8. Report on Foreign Correspondence, 1870. 9. Bodies with which the Assembly is at present in Correspondence, 1873. 10. Power of the Assembly to Expel a Member. 11. Deliv- erance on the Perils of our System of Public Education. 12. The Pastoral Let- ters. 1. On Missions. 2. On the Old French War, 1756. 3. On the Repeal of the Stamp Act, 1766. 4. On the Revolution, 1775. 5. Address to Washington, 1789; Reply of the President, 1790. 6. On the Results of the French Revolution, 1798. 7. On the Disturbances in Kentucky, etc., 1804. 8. On the Sabbath, 1814. 9. On Christian Activity, 1817. 10. On prevalent Vices and Immoralities, 1818. 11. On Revivals and their Abuses, 1832. 12. On the Maintenance of Doctrinal Purity, 1839. 13. On Revivals of Religion, 1849. 14. On Diligence in Repairing the Wastes of War, 1865. 15. On the Observance of the Sabbath, 1867 267 15. Correspondence. The Assembly Receives and Appoints Delegates only in the Case of Ecclesiastical Bodies, a, b. 16. The Presbyterian Alliance. Report of Delegates to the London Conference of 1875, a ; Constitution of the Alliance, b ; Provision for Expenses of the Standing Committee. Secretary, c; Members of the Executive Committee Appointed, d. 17. The Assembly will not Appoint Delegates to Churches Represented in the Alliance. Exceptions. The Southern Presbyterian Church, a; The Free Evangelical Church of France, b. 18. Correspondence with the General Assembly of the Presbyterian Church in the United States, a, b, c, d, e. 19. Del- egates Appointed by the Southern Assembly, a; Delegates to the Southern Assem- bly, b; To Correspond by Letter, c; Committee of Correspondence Appointed, d. 20. Special Committee on Co-operation, a; Report of Committee, b. 21. Answer to Memorial of O. S. Synod of Missouri 532 VI. Modes in which Changes may be made in the Constitution : The Approval of a Majority of Presbyteries Required. 1. Power of the Assembly to make Standing Rules. 2. General Principles on which Amendments may be made, a, b, c; In what way Doctrinal Portions may be Amended. 3. Amendments Approved by the Presby- teries, but not Adopted by the Assembly. 4. Where all the Presbyteries do not respond, the votes given are to be filed as tln> final answer of those Presbyteries, unless reversed by them, a, b ; But the Asssembly sends down the Overture again. 5. The Manner in which Answers to Overtures are to be Authenticated to the Assembly 325 6. The Clerks authorized to Declare an Amendment Adopted. 7. Returns on Over- tures Referred to a Committee of Canvass, a, b, c. Answer Recorded after the Result is Declared, d. 8. Formal Declaration that Overtures have been Adopted and become a Part of the Constitution of the Church. Revised Book oi' Discipline, a ; Amendments to, b ; Reduced Representation, c. .Judicial Commissions, d 542 20 SYLLABUS. VII. The Assembly to Meet at Least Once in Each Year ; How Opened ; Who may Preside ; Commissioners may not sit until Regularly Enrolled. 1. Adjourned Meetings of the Assembly; Their Legality; Opinion of Chancellor Kent. 2. The Adjourned Meet- ings of 1869, a, b. 3. Who may sit as Commissioners in an Adjourned Assembly, a, b. 4. The Assembly Excludes Commissioners from Sitting pending Investigation, a, b. Answer to Protest 330 VIII. Opening and Closing of the Assembly with Prayer; Final Dissolution. 1. Specimen of the Minute of Dissolution 332 2. The Place of Meeting determined by the Vote of the Assembly. 3. Permanent Committee on the Place of Meeting of the Next Assembly 543 The Chaster of the Trustees of the Assembly ; Style and Title, a ; The Charter Accepted, b ; Mode of Electing Trustees, c; Eules of Intercourse between the Trus- tees and the Assembly, d; Adjustments on the Eeunion, e 333 CHAPTER XIII. OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. I. The Mode in which Ecclesiastical Rulers shoidd be Ordained to their Offices 337 II. Riding Elders and Deacons to be Chosen in the Mode most Approved, and in Use in that Congregation; Must be male Members in Fidl Communion. 1. Elders must be duly Elected and set apart. 2. The Session may Propose Names to the Congregation. 3. A Meeting of the Congregation to Elect Elders can be called only by the Session, or some Higher Court. 4. The Bemedy, if the Session Eefuse. 5. A Superior Ju- dicature authorizes the Meeting. 6. Irregularity of the Call does not necessarily Invalidate the Election, a ; nor does Irregularity in the Mode of Election Invali- date the Ordination, b ; Those Elected must be Members in Full Communion with that Church, a. 7. Ministers not Eligible, b ; Because not Members of a particular Church, c ; An Exception made in case of Foreign Missionaries, d. 8. Uniformity in the Mode of Election deemed Impracticable. 9. The Mode most Approved and in Use may be Changed ; There should be a Direct Vote of the Congregation. 10. A Superior Judicature may not Interfere with the Mode in Use. 11. Who are Electors of Euling Elders and. Deacons ? a, Election not made Void where others than Communicants Vote; b, Only Baptized Persons may Vote; c, and that Com- municants only should Vote Advised ; d, No Distinction to be made as to the Age of the Electors. 12. Election for a term of years ; a, Declared Irregular ; b, Over- ture to limit the Term of Service Declined ; c, d, e, Overture to make the Office Temporary Eefused ; /, Plan Condemned. 13. The right to Elect to Serve for a Term of Years affirmed ; Judicial Case ; a, History of the Case ; b, Action of the Assembly ; c, Minute in the Case ; The Office Perpetual, but the Time of its Exer- cise Left to the Decision of the Church itself; d, Dissent; e, Answer of the Assem- bly; Limitation of the Term of Service Constitutional 337 14. Election Governed by the Mode most in Use and Approved. 15. A Minister not Eligible as a Euling Elder. 16. The Word " Congregation " defined as Meaning Actual Communicants. 17. All Office Bearers must Faithfully Accept the Stand- ards. 18. No Authority for the Election of Deaconesses. 19. Term Service of Deacons, a, b 544 III., IV. Upon Acceptance of the Election, the Mode of Ordination and Installation. V. The Existing Session to give the Right Hand of Fellowship. 1. Mode of Ordina- tion ; Laying on of Hands Approved, a, b, c ; But left to the Discretion of the Ses- sion. 2. Ordination Essential to the Validity of the Judicial Acts of an Elder. 3. Must be Installed on Resuming Office. 4. Order of Installing an Elder already Ordained .' 346 5. An Elder who has Eemoved or Eesigned, if Re-elected, must be again Installed. 546 VI. The Office of Ruling Elder and. Deacon Perpetual; But Either may Cease to Act. 1. Perpetuity of the Office Affirmed, a, b. 2. Eestoration to Church Privileges does not Eestore to the Eldership. 3. An Elder without Charge can sit in no Church Court 348 VII. Of the Way in which an Elder Incapable of Serving the Church to Edification, may be Relieved of the Functions of his Office; His own Consent or the Action of the Presbytery must be had. 1. Elders who cannot obey the Superior Court should Eesign. 2. They may Eesign to promote the Peace of the Church. 3. The Superior Court directs to cease acting. 4. A Presbytery may direct an Elder to cease to act, without a request from the Session. 5. When an Elder is unacceptable; the Eern- c(ly, to Memorialize Presbytery. 6. When an Elder Eesigns, Presbytery may not order his Restoration. 7. The Official Eelations of an Elder terminate with his Dismission. 8. The Return of a Letter, unused, Restores to Official Position.... 349 FORM OF GOVERNMENT. 21 9. Resignation of an Elder or Deacon should be Tendered to the Session : and takes Effect when Accepted ." 546 VIII. A Church, by Vote of Members in full Communion, may Elect Elders for a Limited Term of Service ; but for not less than Three Years. The Session to Consist of Three Classes. Elders once Ordained, if not Re-elected, shall not be Divested of Office; but may Represent that Particular Church in the Higher Judicatories, if Appointed. 1. Elders not Re-elected under this Section may be Delegated to the Superior Judi- catories. 2. Elders not Re-elected on the Adoption of Term Service cease to be Acting Elders in that Particular Church. 3. Where Re-elected they should be Re- installed, a, b. 4. The above not Retroactive. 5. The Re-installation of an Elder Elected not Essential to the Validity of his Office ; but is more Orderly, a, b 6. Section VIII. has Refereuce to Elders. 7. One or Two Elders may be Elected under Section VIII. 8. The Term' must be Three Years and the Classes Three. 546 [Amended 1886. See Addenda.] CHAPTER XIV. OF LICENSING CANDIDATES OR PROBATIONERS TO PREACH THE GOSPEL. I. The Scriptural Requirements; Reasons for Trial of Candidates ; Presbyteries shall License. 1. Preaching without Licensure Condemned as Irregular, a; Disapproved of, b. 2. On the Licensing and Ordaining of Women, a; Deliverance on the Sub- ject, b. 3. Education for the Ministry, a, The Board of Education Established; b, Charter of the Board; c, The Permanent Committee on Education Established; d, Charter of the Committee. 4. Boaed of Education of the Reunited Church. a, Constitution ; b, Act of Incorporation ; c, Act Authorizing Transfer of Property of Committee to the Board; d, Rules of the Board of Education 352 5. Women may not Fulfill the Offices of Public Preachers 549 II. Candidates to be under Care of the Presbytery to which they naturally belong; Defined; Exceptions. 1. The Usage of the Olden Time. 2. Going Abroad for Licensure Dis- approved of. 3. Candidates for the Ministry should be placed under care of Pres- bytery; a, Especially in their Theological Studies; b, As soon as Possible, and Licensed, Ordinarily by the Presbytery to which they belong; c, The Full Term should not be Shortened. 5. No Candidate to be Received until he has been a Communicant, and pursued his Classical Studies for a year. 6. Candidates must Connect themselves with the Presbytery to which they naturally Belong 364 7. The above confirmed 549 III. Literary and Moral Qualifications Demanded; Must be a Member of some Particular Church, and give Satisfaction as to Experience and 2Lotives ; Testimonials of Scholarship. 1. A liberal Education Required, a, b ; To keep pace with the Progress of Society and of Letters, c. 2. Letter on the Thorough Literary Training of the Ministry. 3. Liberal Education waived in certain Cases, a ; b, Case of John Gloucester. 4. Theological Instruction ; a, Overtures for the Establishment of a Theological School; 6, Plans Proposed; c, Act Establishing the Seminary: (/, Agreement with Trustees of College of New Jersey, e, Terms of Agreement; /, Location fixed at Princeton. 5. The Seminabies: 1. Princeton; Plan of the Seminary, « ; Rules for Election of Directors, b; Rule for Electing Professors, c; Plan as Amended by the Assembly of 1870, d; Substitute for Art II., Sec. L, of the Plan. 6. Report Detailing the Origin of the Seminaries, and their Relations to the Assembly. 1870. 2. Auburn. 3. Western Theological Seminary; a, Proposition of the Assembly Accepted; b, Plan of the Seminary; c, Change of Name Authorized. 4. Lane; The Assembly's Plan Adopted. 5. Union; a, Proposition to the Assembly : b. The Proposal Accepted by the Assembly; c, Memorial of the Directors. 6. Danville. 7. North -Western, a; Plan of the Seminary Approved, b. 8. German Theological School, Newark. 9. German Theological School of the North -West, Dubuque. 10. Lin- coln University ; Oversight of Theological Department Accepted. 11. Sim Francisco. 12. Blackburn University. 7. Limitation of Time within which the Election of a Professor may be Vetoed 36C) 8. Candidates must be Members of some Particular Presbyterian Church. 9. Great Caution prescribed in the Exceptional Cases. 10. Amendment to Rules of the Board of Education 550 IV. Candidates to be Examined in Language*. Arts and - 'heology, History, Sacra- ments and Church Government ; Parts of Trial 397 V. The Presbytery to Satisfy itself of the Candidate's Piety, Literature and Apt Teach. Candidates should be well wised in the Catechisms, and furnished with Proof-texts 398 VI. Time of Study of Theology, at least Tiro Years. 1. „, Etlbrts to Extend the Term; b, A Rule Requiring three years. Unconstitutional; e, Overture sent down, but not Adopted. 2. Full Term of three years urgently Recommended, a, b, e ; Licensure 22 SYLLABUS. at a time which would prevent a full course Disapproved. 3. A Pledge of three years' Study, demanded by the Board, not Unconstitutional 398 VII. The Questions to be Asked of the Candidates 399 VIII. The Form of Licensure. A "like form" may be used 400 IX. A Candidate, having pursued his Course Partially in one Presbytery, may be taken up and Licensed by Another 400 X. Testimonials to be Furnished when a Candidate Removes from the Bounds of his Pres- bytery 400 XI. License may be Recalled, if the Services of the Licentiate appear not to be to Edification of the Churches. 1. License Limited to four Years; Presbyteries to Endeavor to open the way for the Settlement of their Candidates. 2. The above Rule does not abridge the Power of the Presbytery to License in Extraordinary Cases. 3. Licen- tiates belong to the Laity, and are Subject to the Session of the Church to which they Belong ; b, But may Solemnize Marriage, where the Laws Expressly Authorize them so to do 401 4. The Discretion of Granting or Withdrawing License is with the Presbytery 551 CHAPTER XV. OF THE ELECTION AND ORDINATION OF BISHOPS, OR PASTORS, AND EVANGELISTS. I. Order of Procedure in the Election of a Pastor; The Session to Convene the Congre- gation. 1. Steps to be taken by a Vacant Congregation, looking to the Election of a Pastor 403 II. Session to Procure a Moderator, unless highly Inconvenient 404 III. Notice to be given on Sabbath from the Pulpit 404 IV. Mode of Procedure in the Election of a Pastor; Who are Debarred from Voting, a, Those who Eefuse to Contribute to his Support ; b, The Eight of Voting not to be limited to Communicants, unless expressly so Limited by Charter; c, Overture to confine the Vote to Communicants not Adopted 404 d. All Communicant Members may Vote in the Election of a Pastor 552 V. Steps to be taken, in Case of a Minority Opposing 405 VI. Form of the Call. 1. Early Action in the Support of the Ministry, a; Glebe and Parsonage recommended, b. 2. Adequate Provisions urged, a, b. 3. Liberality urged in Supporting the Ministry, a, b. 4. Presbytery may Refuse to Install when the Salary is Insufficient. 5. Congregations urged to procure Parsonages, a, b 405 VII. The Call may be Attested by a Committee, but the fact of its being Authorised must be Certified to Presbytery 409 VIII. The Call given is a Petition of the People for the Installment of the Minister; Ac- cepted, it is a like Request on his part ; A Candidate Ordained on a Call, should at the Same Time be Installed 409 IX. The Call must come through the Presbytery to which the Candidate belongs, and only through the Presbytevy 409 1. The Presbytery may Refuse to Permit a Call, a,b,c 552 X. How a Call may be put into the hands of the Licentiate of another Presbytery 409 XL Trials for Ordination; In what the Candidate is to be Examined; A Fast before the Ordination Recommended. 1. Ordination on the Sabbath discouraged, but at the Discretion of the Presbytery 410 XII. Order of Exercises in Ordination ; Questions. The Assent Embraces the Larger and Shorter Catechisms 410 XIII. Questions to be put to the Congregation 411 XIV. The Ordination, by Prayer and the Laying on of Hands ; the Right Hand of Fellow- ship ; Record to be made '. 412 XV. Ordination of an Evangelist, to Preach, Administer Sealing Ordinances and Organize Churches in Destitute Places. 1. To Ordain Evangelists to labor in Feeble Churches is Lawful and Right. 2. Case of Ordination of one who proposes to continue Teaching. 3. Ordinations by Presbyteries to labor in the Bounds of other Pres- byteries Discountenanced. 4. Ordination, sine titulo, a, b, c; Request Refused, d; Granted, e, f, g, h. 5. Overture on, Rejected, a, b. 6. A Censure for Ordination, sine titulo, not Sustained 412 7. An Evangelist may not Ordain Ministers ; 8. Nor Organize a Church within the Limits of a Presbytery, without Leave 553 FORM OF GOVERNMENT. 23 CHAPTER XVI. OF TRANSLATION, OR REMOVING A MINISTER FROM ONE CHARGE TO ANOTHER. I. No Bishop shall be Translated, or Receive a Call, but by Permission of Presbytery. 1. Re- moval without Consent of Presbytery Censured. 2. The Irregularity Excused, but Caution Enjoined 416 II. Mode of Proceeding in Calling and Translating a Settled Pastor. 1. Consent of the Parties may Shorten the Process 416 III. Order of Procedure, where the Minister Called, and the Congregation Calling him, are in Different Presbyteries. 1. The Pastor to be Installed must belong to the same Presbytery with the Church oyer which he is Installed 417 IV. Installment may be by Presbytery, or by a Committee ; and in this Order: 418 V. On the Day Appointed and Published 418 VI. When the Presbytery has met, a Sermon shall be Preached, and the Constitutional Ques- tions put to Both Parties ; .A Charge shall be Given to Pastor and People 418 VII. The Eight Hand of Fellowship. 1. A Pastoral Relation without Installment Recognized 418 CHAPTER XVII. OF RESIGNING A PASTORAL CHARGE. The Steps to be TaTcen by Either Party Desiring to be Released. 1. Whether the Relation should be Dissolved at the Time when the Request is made, left to the Discretion of the Presbytery. 2. The Rule should be Rigidly Enforced. 3. Where the Parties are Agreed, the Relation may be Dissolved at the First Meeting. 4. A Meeting of the Congregation, without the Pastor, valid, where he had Requested the Dissolution. 5. A Synod Sustained where, on Appeal, it Dissolves the Relation, on Petition of a Minority 419 6. Rule XVII. to be strictly Observed and Enforced 554 CHAPTER XVIII. ON MISSIONS. The Duty and Power of the Presbytery, Synod and Assembly, in the matter of Providing for the Supply of Vacancies. 1. The Standiug Committee on Missions Appointed; Enlarged. 2. The Board of Missions. 3. Powers Enlarged, a, b. 4. Number of Members 422 1. The Boaed of Home Missions: Its Constitution, a; Rules, b; Charter, c; En- abling Act, d 426 2. Principles and Rules. 3. The School Work. Organization of a Woman's Society, a ; The Schools in the Territories, b; The Woman's Executive Committee of Home Missions, c 555 II. The Boaed of Foreign Missions. 1. Constitution of the Board. 2. Altera- tions. 3. The Committee on Foreign Missions. 4. The Organization of the Board of Foreign Missions, 1S70. 5. Alterations necessitated by Legislation. 6. The Charter, a, b »... 430 III. The Boaed of Education. See under Chap. XIV., Sec. L, 3 433 IV. The Boaed of Publication. 1. The Board Established. 2. Alterations and Enlargement of Plan, a, b. 3. The Publication Committee ; Its Powers and Duties, a, b, c. 4. Change of Name, and 5, Scope Enlarged. 6. The Trustees of the Presby- terian House to act as Trustees for the Committee. 7. The Board of Publication Organized, 1S70. 8. The Sabbath-school Work of the Board, a, b. 9. The Charter of the Board. 10. Rules 433 11. Relation of the Missionary and Publishing Departments, a; the Plan Adopted,/;. 12. The Sabbath-school Work of the Board, a, b. c; Secretary of the Sabbath-school Work. '/ .• Standing Committee of the Board on Sabbath-school Work, e; Bible Cor- respondence School,/. 13. Blanks Printed by the Boards to be Approved by the Proper Authority and so Endorsed 558 V. The Teustees of the Chuech Erection Fund. 1. The Organization in 1870. 2. The Plan. 3. The Charter. 4. The By-Laws 442 VI. Relief Fund foe Disabled Mixistebs and the Widows and Orphan Deceased Ministers, a, The Plan Adopted by the Assembly, 0. 8.; ; '. The Plan of the Assembly, X. S. 1. The Plan Adopted. L870. 2. Rules "and Mode of Distri- bution 11^ 3. The Board Constituted. 4. The Charter Obtained. 5. The Charter 561 24 SYLLABUS. VII. The Pbesbytekian Committee of Missions foe Feeedmen. 1. The Plan Adopted in 1870. 2. The Eules 451 3. Authorized to Apply for a Charter. 4. The Charter Obtained. 5. Eelative Duties and Authority of the Boards and of the Presbyteries, a, b, c 564 VIII. The Sustentation Fund. 1. The Scheme Adopted 1870. 2. Conditions of Aid 452 3. Sustentation Committed to. the Board of Home Missions. 4. The Plan of Sustenta- tion Pastorates and Mission Charges, a, b, c, d, e, f 564 IX. Committee on Benevolence and Finance. 1. The Plan Adopted in 1872. 2. The Eules 455 3. The Permanent Committee on Systematic Beneficence. Committee Appointed, a ; Enlarged, b ; Expenses to be Paid by the Boards, c 566 X. The Teustees of the Peesbyteeian House. 1. Act of Incorporation. 2. Char- ter Accepted; Duties of the Trustees. 3. To Act as Trustees of the Publication Committee. 4. Declaration of Trust. 5. Title Executed to the Board of Publica- tion. 6. Trusts Transferred. 7. By-Laws of the Board..! 456 XL The Peemanent Committee on Tempeeance. Eeport of Special Committee, a; The Committee Appointed, b 568 The Committee Eeorganized, c 858 XII. The Boaed of Aid foe Colleges and Academies. Eeport of Special Commit- tee; Eecommendations Adopted, a; Organization of the Board, b 569 CHAPTEK XIX. OF MODERATORS. I. The Necessity of a Presiding Officer 459 II. The Authority of the Moderator, and his Duties. 1. The Moderator not Necessarily a Member of the Judicatory , 459 III. The Moderator to be Chosen at each Session of Assembly and Synod, and by Presbytery at least Annually - 460 1. The Name of John Witherspoon, D. D., placed at the Head of the List of Moderators. 2. Vice-Moderator may be Appointed 571 CHAPTEK XX. OF CLERKS. I. The Cleric to be Chosen to Serve During the Pleasure of the Judicatory. His Duties. 1. The Clerk not Necessarily a Member of the Judicatory 461 CHAPTER XXI. OF VACANT CONGREGATIONS ASSEMBLING FOR PUBLIC WORSHIP. The Importance of Weekly Assembling of God's People; such Assemblies Encouraged for Prayer, Praise and Reading the Scriptures, etc., and that Elders and Deacons Preside. 1. Vacant Congregations Encouraged to Meet. 2. Elders to be Interrogated as to the Observance of the Eule. 3. Eight of Euling Elders, in the Absence of the Pastor, to Explain the Scriptures and Exhort 461 CHAPTER XXII. OF COMMISSIONERS TO THE GENERAL ASSEMBLY. I. Commissioners to be Chosen at the Stated Meeting of the Presbytery next before the Meeting of the Assembly, unless the Interval be too Short. In that Case they may be Chosen at tiny Staled Meeting not more than Seven Months before; Alternates to be Appointed. 1. The Eule Eelaxcd in the Case of Missionary Presbyteries, a, b, c, d, e. 2. Wbere a Pres- bytery Failed of a Quorum, the Assembly Eefused to Eeceive a Commissioner, a; but in a Similar ('use of a Missionary Presbytery a Commissioner was Admitted, on Request of Individuals, b, c, d. 3. Commissioners should Attend to the Close of the Sessions. Presbyteries to Eequire a Eeport on this Point, a, b. Presbyteries Eecommended to Appoint only those who are Able and Willing to Remain to the Close,*:. 4. Commissioners from New Presbyteries, a, to Furnish Evidence of the Organization of their Presbytery, b. 5. Commissioners, not Euling Elders, under the Plan of Union. 6. A Commissioner having taken his Seat may not Resign to his Principal or Alternate. 7. Eule Dispensed with, under Peculiar Circumstances, . When the Judicatory lias taken the Testimony as above, it may Proceed to Trial and Final Judgment, as if the Accused were Present '. 619 XXII. Procedure at the Meeting at which the Citations are Returnable. Appearance of the Accused. Pleading of Objections, etc. Decision of the Judicatory, to Proceed or not. The Plea, "Quilty, or not Guilty." Procedure in either Case 625 XXIII. The Examination of Witnesses. Evidence Discovered daring Trial. The Parties heard. The Judicatory shall sit in Private. Vote on cadi Charge and Specification Sep- arately. Judgment Entered. 1. The Withdrawal of Parties, Counsel, etc., to be Con- strued literally, a, b, c, d 626 BOOK OF DISCIPLINE. 27 XXIV. The Charge and Specifications, the Plea and the Judgment shall be Entered on the Minutes of the Judicatory; also all Acts and Orders relating to the Case with the Reasons therefor; the Notice of Appeal, if Filed ; the Record of the Case. Nothing not on Record to be Taken into Consideration. 1. Everything influencing the Judgment of the Judi- catory must be Spread upon the Eecords. 2. Minutes of Interlocutory Meetings in Judicial Cases should he Eecorded; also the Report of the Judicial Committee in the Case. 3. Lower Judicatories directed to send up complete Eecords, a, b. 4. The Appellant is entitled to a Copy of the Sentence. 5. What Constitutes an Authentic Copy? a, b. 6. Testimony not on Eecord Admitted by Consent, a, b. 7. When Eeasons are not Eecorded, and the Eecords are Deficient, the Case is Remanded, a, b 627 XXV. Exceptions may be taken by the Original Parties, and shall be Entered on the Record 629 XXVI. Xo Professional Counsel permitted ; but any Minister or Elder belonging to the Judi- catory before which an Accused Person Appears may aid him, but such Counsel may not sit in the Case. 1. Counsel assigned by Request of the Parties, a, b. In the Absence of the Appellant, Counsel Appointed by the Judicatory, c. 2. Xo one, not a Member of the Judicatory, may Act as Counsel. 3. Professional Counsel excluded under all Circumstances 630 XXVII. Questions of Order or Evidence, after Hearing of Parties, to be Decided by the Moderator, Subject to Appeal. Such Decisions to be Entered on the Record, if De- sired .... 631 XXVIII. No One, not Present during the whole Trial, may Vote, unless by Unanimous Con- sent. The Roll to be Called and Absentees Noted- 631 XXIX. Parties to be Allowed Copies of the Record at their own Expense. The Record to be Transmitted to the Judicatory in which the Case Originated. 1. The Appellant entitled to a Copy of the Sentence. 2. The Records of Church Judicatories are Public Doc- uments, and Transcript may not be Refused 631 XXX. Mode of Infliction of Church Censures, Chap. XL, Directory 631 XXXI. The Judicatory may Determine to Sit with Closed Doors. The Judicatory may, before Entering on Process, Determine what Degree of Privacy or Publicity is Desirable 631 XXXII. The Accused may be Required to Refrain from Communion pending Trial, which must be Speedy. 1. The Accused maybe Suspended, pending Trial. 2. Suspension from the Ministry during Process. 3. Suspension from the Privileges of Member- ship, a, b 631 CHAPTER V. SPECIAL RULES PERTAINING TO CASES BEFORE SESSIONS. XXXIII. The Accused, refusing to Appear or to Answer, to be Suspended for Contumacy. See Section XXL 633 XXXIV. The Censures which a Session may Inflict. 1. Censure is not to be Removed without Evidence of Repentance. 2. Deposition and Excommunication are Distinct Acts 633 XXXV. The Sentence, if Published, shall be only in the Church which has been Offended. ..631 CHAPTER VI. GENERAL RULES PERTAINING TO THE TRIAL OF A MINISTER, ELDER, OR DEACON. XXXVI. The Character of Ministers should be Watched over with Great Care and Impar- tiality, neither Screened if Guilty, nor lightly Accused 634 XXXVII. The Mode of Proceeding in Case a Minister is Accused of an Offence Committed beyond the Bounds of his Presbytery. 1. Discipline of a Minister can be only by his own Presbytery. 2. Even when non-resident. 3. Difficulty of Process docs not Relieve the Presbytery of Responsibility. Discipline by Boards of Missions, etc., not Recognized, a. The Board has Discretion as to Expediency of Appointment, b. c. 4. On Petition for Restoration, a Case Transferred to the Presbytery in which the Party resides. 5. Duty of a Presbytery to give Notice of an Offence. 6. A Sus- pended Licentiate can be Restored only by the Presbytery which Suspended him. Another Presbytery may take Testimony. 7. Such Presbytery has no Tower to try him, bnt only to take the Testimony 634 XXXVIII. A Minister Accused of an Offence, who, after being twice Cited, Refuses to Ap- pear, shall be Suspended from Office for Contumacy : and after another Citation, from the Communion of the Church 636 28 SYLLABUS. XXXIX. The Bight to Deliberate or Vote Suspended, pending Charges 636 XL. If the Accused be Found Guilty, the Censure which may be Inflicted. Deposition with- out Further Trial. 1. Sentence may be Passed on Confession. 2. A Suspended Min- ister may not Exercise any Function of the Ministry. 3. Does not Bank as a Com- mon Christian in Good Standing. 4. The Name of one Suspended should Bemain upon the Boll, a, b 636 ' XLI. Heresy and Schism may Call for Deposition, but the Character and Tendency of Error should be Carefully Considered 637 XLII. If the Matter Complained of be such as may be Amended, the Presbytery shall take all- Prudent Measures to Remove the Evil 637 XLIII. A Minister Deposed for Immoral Conduct, not to be Restored, even if Penitent, at once ; Nor until it shall appear to be without Injury ; and then only by the Judicatory which Deposed him, or by its Consent. 1. Bestoration of a Deposed Minister. Caution En- joined, a, b. 2. A Presbytery other than that which Deposed, Authorized to Be- store. 3. The Assembly Becommends Bestoration, the End of Discipline being Gained. 4. When the Names of Deposed Ministers are to be Published 637 XLIV. If a Minister is Deposed, his Pulpit shall be Declared Vacant. If not Excommuni- cated, Presbytery shall give him a Letter to some Church. If Suspended, and no Appeal is Pending, Presbytery may Declare his Pulpit Vacant. One who has been Deposed, or who has Demitted the Ministry, if Bestored, must be Beordained 639 XLV. A Presbytery may Require a Minister under Process to Refrain from the Exercise of his Office, until the Case is Issued..... 639 XL VI. The Provisions of Chapter VI. apply to Process by a Session against a Ruling Elder or Deacon 639 CHAPTER VII. OF CASES WITHOUT PROCESS. XLVII. In Case of an Offence in the Presence of the Judicatory, or of Self-accusation, Judg- ment may be had, after Hearing, without Process. The Record must Show the Nature of the Offence and all Proceedings. Appeal may be Taken 640 XL VIII. A Communicant not Chargeable with Immoral Conduct, may, at his own Request, have his Name Erased from the Roll of Communicants 640 XLIX. Communicants Absent without Certificate of Dismission, to be Advised to Apply for a Letter. Failing to do so, may be put on the Roll of Suspended Members. If without Knowledge of him for three Years, his Name may be Erased, from the Roll, with Record. Jurisdiction continues. A Separate Roll of all such Cases must be kept 640 L. If a Communicant not Chargeable with Immoral Conduct Neglect the Ordinances for one Year, he may be Suspended, but not Excommunicated witliout due Process. 1. Willful Absenting one's self from Ordinances, a, b, c, d. 2. Discipline Enjoined, e, but not without Trial, /, g 640 LI. Demission of the Ministry and Return to the Condition of a Private Member of the Church 643 LII. The Name of a Communicant who has Joined another Church, without Dismission, to be Erased from the Roll. If Charges are Pending, or the Body joined be De&med Heretical, Process may Issue 643 LIII. In Case of a Minister Renouncing Jurisdiction, the Steps to be Taken. Those who Entertain Views Irreconcilable with our Standards urged to Withdraw from the Ministry of our Church 643 CHAPTER VIII. OF EVIDENCE. LIV. Judicatories to be Careful and Impartial in Receiving Testimony. Competence and Credibility of Witnesses 644 LV. Who are Competent Witnesses. Any Witness may be Challenged for Incompetency. The Judicatory shall Decide. A Prosecutor may Testify 644 LVI. What may Affect the Credibility of a Witness. The Credibility of a Witness to be Determined by the Judicatory 644 LVI I. Husband and Wife Competent Witnesses for or against each other, but shall not be Compelled to Testify. Husband and Wife Competent Witnesses in the same Case 644 LVIII. Evidence may be Oral, Written or Printed, Direct or Circumstantial. A Charge may be Proven by one Witness only when Supported by other Evidence. Where there are BOOK OF DISCIPLINE. 29 several Specifications, the Proof of two or more Specifications by Credible Witnesses may Establish the Charge 645 LIX. No Witness afterward to be Examined, except a Member of the Judicatory, may he Present during the Examination of another Witness, if Objection be made 645 LX. Procedure in Examination of Witnesses 645 LXI. Form of Oath or Affirmation. 1. The Authority for Administering a Judicial Oath. 2. Testimony should be under Oath and Eecorded 645 LXIL Questions, if Required, Reduced to Writing. Question and Answer Recorded. Tes- timony Recorded to be Read to Witnesses and Subscribed by them 646 LXIII. The Records of a Judicatory, properly Authenticated, good and sufficient Evidence in any other Judicatory 646 LXIV. Testimony taken by one Judicatory, and Authenticated, shall be Received as Valid by every other Judicatory 64b" LXV. Commission to take Testimony. They shall take such Testimony as may be Offered by either Party under the Rules of the Judicatory, and Transmit it, duly Authenticated, to the Judicatory before which the Case is Pending 646 LXVI. A Member of the Judicatory may be Called to Testify, and Resume his Seat as a Mem- ber of the Judicatory. A member of the Judicatory Eequired to Testify. To Refuse is Contumacy, a, b 647 LXVII. A Member of the Church, Refusing to Appear or to Testify when Summoned, to be Censured for Contumacy. A Minister Cited to Testify before a Session 647 LXVIII. On the Discovery of New Evidence, before Appeal, a New Trial may be had if Jus- tice seems to Require it. 1. New Trial may be had on the Allegation of New Evi- dence, a, b, c. 2. If the Judicatory Eefuse to Grant a New Trial in such Case, a Complaint may Lie, a, b. 3. An Appeal remitted for New Trial on New Testimony. 4. New Trial may not be Ordered by a Superior Judicatory without the Allegation of New Testimony, a. Nor the next Lower Judicatory, in which the Case has been Adjudicated, be Passed by, b 648 LXIX. In the Prosecution of an Appeal, on the Offer of New Evidence deemed Important, the Judicatory may Refer the Case for a New Trial, or, by Consent, itself Issue the Case. 1. Case Eeferred on the Ground of New Testimony. 2. The Fact and Importance of New Testimony must be Shown, a, b, c; On Examining the New Testimony the Decision affirmed, d. 3. The Assembly, after investigation, Eefuses to Eefer, or to Grant any further Judicial Trial 649 CHAPTER IX. OF THE WAYS IN WHICH A CAUSE MAY BE CARRIED FROM A LOWER TO A HIGHER JUDICATORY. LXX. All Proceedings of the Inferior Judicatories Subject to Review, and may be Carried up by General Review and Control, Reference, Complaint, or Appeal. 1. The Assembly may not Eeverse the Judicial Acts of a Former Assembly, except in Case of Manifest Injustice, a, b, c. 2. But will Correct Error when Shown to Exist. 3. The Assem- bly, on Memorial, Eevokes its Action and Eemands the Case. 4. A Judicial Case can Come before the Assembly only in some one of the above-mentioned ways... 651 Section L— Of General Eeview and Control. LXXI. All Proceedings of the Church shall be Reported to and Reviewed by the Session, and Recorded by it. The Records of all Inferior Judicatories to be Reviewed at least Annu- ally. 1. Annual Eeview Eequired, a, b. 2. A Case Judicially Issued may be Re- viewed. 3. The Synods Eequired to Send up their Records annually, a. b. ' 4. After the Eecords have been Approved, Corrections can be Made only by Application to the Judicatory Approving. 5. Leave given to Correct the Record on Error being Shown. 6. A Minute Eecording a Fact can be Amended only by Unanimous Vote. or E 'consideration. 7. Eecords of Eecent Meetings may be Demanded for Review. 8. Copies of the Originals Accepted only in Extraordinary Cases, a, b, c. d. 9. Min- utes of Synod may be Kept in Printed Form under Specified Conditions ti.">4 LXXII. The Review is to Determine the Correctness of the Record, the Constitutionality of the Action, and the Wisdom, Equity and Edifiableness of the Proceedings 657 30 SYLLABUS. I. Whether the Proceedings have been" Correctly Recokded. 1. Omission to Eecord the Opening and Closing with Prayer, a-i. 2. No Record of Absentees, a-e. 3. Narrative of the State of Eeligion not Recorded, a-d. 4. Failure to De- scribe the Case Acted upon, and the Disposal made of it, a-g 657 II. Whether the Proceedings have been Constitutional and Regular. 1. Unconstitutional and Irregular Proceedings, a, b. 2. A Synod may not Institute and Prosecute Judicial Proceedings. 3. A Synod may not Refuse to Receive the Members of its Presbyteries, a, b, c. 4. Reasons for Decisions Reached must be Re- corded. 5. A Superior Judicatory may not Compel an Inferior to Reverse its De- cision without Assigning Specific Reasons. 6. Reasons Assigned are Subject to Re- view. 7. Censure, without due Examination, Condemned 659 III. Whether Proceedings have been Wise, Equitable and for Edifica- tion. 1. The Lower Judicatories must Respect the Decisions of the Higher, a, b. 2. Censured for Insubordination, a, b, c. 3. Irregularities Recited and Animadverted upon. 4. The Approval of the Minutes does not Atfect the Right to Appeal or Complain against any Action taken. 5. Review and Control does not Extend to Statistical Items, etc., in Session Records 661 LXXIII. Members of a Judicatory may not Vote on Review of their own Records — Cases Cited, a,b, c '. 664 LXXIV. Exceptions to be Entered on the Records of the Judicatory Reviewing and of that under Review. T he Inferior may be Required to Review its Proceedings. But no Judicial Decision may be Reversed on Review only. 1. Exceptions must be Recorded by the Ju- dicatory Excepting, a, b, c, d. 2. Irregular and Injurious Proceedings Censured, and Order to Reconsider. 3. Judicial Proceedings may not be Reversed on Review of Records, a, b 664 LXXV. Citation of a Lower Judicatory, upon Advice of its Unconstitutional Proceedings, to Produce its Records and Show what it has Done 666 LXXVI. Citation of the Lower Judicatories upon Advice of their Neglect to Perform their Duty. 1. Citation of Judicatories on Review, or on Advice, a, b 666 Section II.— Of References. LXXVII. A Reference Defined ; Of a Judicial Case not Yet Decided. Reference is Vol- untary, and not Subject to the Order of a Superior Judicatory 667 LXXVIII. Cases in which Reference is Proper. 1. Cases in which References have been Entertained, a-e. 2. When the Review of a Decision, without New Testimony, is Desirable, the Case should be Referred to the next Higher Judicatory 668 LXXIX. References are for Advice or for Trial. They must be to the next Higher Judi- catory. If for Advice, the Decision of the Lower Judicatory is Suspended. If for Trial, the whole Case is Submitted. 1. Cases of Reference, and the Disposal made of them, a, b. 2. Wben Reference has been made, the Judicatory making it can Acquire Jurisdiction again only by the Action of the Superior Judicatory. 3. Reference must be Carried to the next Higher Judicatory 669 LXXX. In Reference, the Members of the Judicatory Referring may Sit, Deliberate and Vote 671 LXXXI. A Judicatory may Decline to Receive a Reference 671 LXXXII. The Whole Record of Proceedings to be Transmitted to the Superior Judicatory, and Parties to be Heard. 1. Testimony attested by the Moderator and Clerk Suffi- cient. 2. A Superior Judicatory may Entertain a Reference which is not Accom- panied by Testimony, and Proceed itself to take it 671 Section III.— Of Complaints. LXXXIII. A Complaint Defined. Respects any Delinquency or Decision by an Inferior Judi- catory. Specimens of Complaints Entertained, a, b, c, d. 1. The Distinction between Appeal and Complaint must be Observed. 2. The same Matter may be Subject of Appeal and Complaint. 3. Complaint will not Lie against a Judicatory for Obeying the Orders of the Superior Judicatory, a, b. 4. Complaint will not Lie against Advice given on a Memorial. 5. Nor against the Refusal to Adopt a Proposed Paper. 6. Nor against an Opinion expressed by the Superior Judicatory. 7. Nor against a Judicatory for the Exercise of its Discretion, a; the Misuse or Abuse of Discretion is Reviewable, b, c, d. 8. Nor in a Case already decided by the Assembly. 9. Nor against a Decision of the Moderator not Appealed from at the Time. 10. Nor from the, Decision of a Commission not yet Confirmed. 11. Nor BOOK OF DISCIPLINE. 31 in a Case of mere Review of Records. 12. Nor against the Refusal to Read the Printed Minutes. 13. Nor against Postponement of Action. 14. Complainant has Leave to Withdraw for Reasons Stated, a, b, c, d. 15. Withdrawal of a Complaint may have the same Effect as its Dismissal. 16. Leave to Withdraw, the End desired being Accomplished, a, b. 17. Leave to Withdraw, because: First, The Proceedings of a Civil Court are not Conclusive as against the Ecclesiastical ; Second, Trial by Commission is not Ground of Complaint ; Third, Informality in the Decision does not Invalidate the Result intended to be Reached. 18. Complaint Dismissed, and Leave to Withdraw, because : First, Of the Indefiniteness of the Complaint ; and Second, That the Matters should be Left to the Wisdom and Discretion of the Synod. 19. Leave to Withdraw on the Request of the Parties. 20. Complaint Dismissed because no Parties were Aggrieved. 21. Complaint Dismissed, as not in due Form ; To Strike from the Roll without Notice or Citation Disapproved. 22. Subject-Mat- ter of Complaints Entertained, a-l. 23. Complainants Satisfied, and have Leave to Withdraw 672 24. Complaint Dismissed. — Reasons Assigned, a, b, c, d, e 859 LXXXIV. Written Notice of Complaint, with Reasons, must be Given, within ten Days after the Action is Taken, to the Cleric or Moderator, who shall Lodge it with the Cleric of the Superior Judicatory before the Close of the Second Day of its next Regular Meeting. 1. Reasons, as well as Notice, must be Given. 2. Notice must be Given within ten Days, a, b, c. 3. Evidence must be Furnished that Notice was Given. 4. The Right to Complain Lost by Failure to Observe the Rules, a, b 686 LXXXV. In Cases Non-Judicial, if a Complaint Signed by not less than one-third is En- tered, the Execution of the Decision shall be Stayed until the Final Issue of the Case... 688 LXXXVI. The Complaint and Reasons m ust be Lodged with the Cleric of the Next Superior Judicatory before the Close of the Second day of the Meeting next Ensuing 688 LXXXVII. If the Complaint is in Order, and the Reasons Sufficient, the Mode of Proceed- ing. Where Judicial Proceedings are Involved, the Order shall be as under Section XCIX. "Of Appeals." 688 LXXXVIII. The Effect of a Complaint, if Sustained, to Reverse, in Whole or in Part; To Censure the Judicatory Complained of. When a Complaint is Sustained, the Lower Judi- catory shall be Directed how to Dispose of the Matter. 1. The Judicatory Issuing a Complaint may not Decline to Adjudicate the Merits of the Case, and must Observe the Alternatives of the Book. It may not Assume Original Jurisdiction. 2. Re- versal places Matters in Statu Quo. 3. A Complaint alone does not Suspend the Dissolution of a Pastoral Relation. 4. Censure of the Lower Judicatories. 5. Com- plaint Sustained, and the Errors of the Inferior Judicatories Detailed 688 LXXXIX. The Parties to a Complaint, in Cases non-Judicial, known as Complainant and Respondent ; the Latter the Judicatory Complained of, Represented by one or More of its Number, who may be Assisted by Counsel 690 XC. Neither the Complainant, nor the Members of the Judicatory complained of, shall Sit. Deliberate, or Vote in the Case. Presbytery of Carlisle (complaint of E. Erskine) ... 691 XCI. Either of the Parties to a Complaint may Appeal 691 XCII. The Judicatory Complained of shall Send up its Records and all Papers pertaining to the Matter ; Failing, it shall be Censured. The Superior Judicatory shall have Power to make such Orders as shall be Necessary to Preserve the Rights of all Parties 691 XCIII. If a Case be Brought both by Appeal and Complaint, they may be Consolidated. If the Appeal be Abandoned, the Case shall be heard only on the Complaint. The same Mat- ter may be the Subject both of Appeal and Complaint 691 Section IV.— Of Appeals. XCIV. An Appeal Defined. May be Taken by either of the Original Parties. The Parties known as Appellant and Appellee. 1. The Death of the Appellee bars the Prosecution of the Appeal. 2. Appeals Limited to Judicial Cases. 3. Original Parties only may Appeal; others may Complain, a, b, c, d. 4. Who are the Original Parties? The Person Prosecuted and the Prosecutor, a, b; the Person claiming to he Aggrieved and the Judicatory Appealed from, c. 5. Members of the. Judicatory trying a Case are not Parties in the Case, and may not Appeal, a, b. 6. An Appeal may be taken to the next Superior Judicatory by either of the Parties to a Complaint. 7. There is no Constitutional Provision for a Second Appeal 691 XCV. What are Grounds of an Appeal. Appeals have been Entertained and Issued : 1. For Refusing to Permit a Call. 2. Against an Installation in the Pace of a Pro- test. 3. Against a Refusal to Obey bhe Superior Judicatory. \. For Refusing to 32 SYLLABUS. Eeceive an Applicant. 5. Against a Decision and Order of a Judicatory, a, b, c. 6. Appeal will not Lie against a Judicatory for Obeying the Order of its Superior. 7. An Appeal Dismissed, because there is no Evidence to Sustain the Allegations. 8. Appeal will not Lie against the Refusal to Adopt a Paper, or to Determine a Question in thesi. 9. Nor where the Judicatory Acts within the Limits of its Power or Authority. 10. Nor where the Action was Begular and Equitable. 11. Nor where the Appeal is Indefinite and General. 12. The Assembly Eefuses to Entertain Appeals where no Question of Doctrine or of Law is Assigned, a, b, c 694 XCVI. Written Notice of Appeal, with Specifications, to be Given within ten Bays after Judg- ment to the Cleric, who shall Lodge it, and all Papers, with the Cleric of the Appellate Ju- dicatory before the Close of the Second Day. 1. Notice must be Given, and Eeasons, in Writing, in due Time, a, b, c, d. 2. Evidence Eequired that Notice has been Given, a, b, c. A Synod Censured for Issuing an Appeal without Evidence of Notice. 3. Where a New Trial has been Granted, Notice must be Given by the Appellant of his Intent to Prosecute. 4. Failure of the Judicatory to Eeceive Notice does not Bar the Appellant. 5. Leave to Show that Notice was Given to the Judicatory Ap- pealed from. 6. On Evidence of Notice, the Case Eeinstated 699 XCVII. The Appellant shall Appear on or before the Close of the Second Day of the Next Meeting of the Judicatory, and shall Lodge his Appeal with the Clerk. If he fail to do so, or to Shov: Cause for his Failure, he shall be Considered as having Abandoned his Ap- peal, and the Judgment shall Stand. 1. Personal Attendance of the Appellant not Necessary. 2. The Appeal may be Prosecuted by Proxy. 3. In the Absence of the Appellant, the Judicatory Assigns Counsel, a, b. 4. In the Absence of the Com- plainant his Case Dismissed and the Complaint Sustained. 5. The Case Continued on Satisfactory Eeasons given, a, b, c. 6. Dismissed as not Lodged in Time, a, b, c, d, e, f. 7. Eight to Appeal Lost by Default of the Appellant, a, b, c. 8. The Appel- lant must Furnish the Necessary Documents, a, b. 9. Deferred in the Absence of the Necessary Documents. 10. Where the Appeal was in the House in Season the Eule virtually Complied with. 11. The Eule Interpreted Liberally where due Diligence has been used. 12. In the Absence of Eecords, through the Non-attendance of a Commissioner, the Appeal Eeceived and Eeferred. 13. Where the Appeal failed to be Lodged in due Time through Mistake of the Appellant, it was Entered and Eeferred. 14. Where a Case is Continued at the Bequest of the Appellant, the Sentence Eemains in full Force until it is Issued. 15. Dismissed, in Absence of Appellant, with Privilege of Eenewal, a, b. 16. Where an Appeal has been Dismissed, the Assembly Grants a Eestoration after a Long Interval when Satisfied of Error. 17. The Original Eule as to Abandonment of Appeal. Case of Thomas B. Craighead, a, b, c, d, e * 702 XCVIII. Neither the Appellant, nor the Members of the Body Appealed from, shall Sit, De- liberate, or Vote in the Case. 1. The Moderator, being a Member of the Judicatory Appealed from, will not Sit. 2. An Interested Party should not Sit on a Trial. 3. The Members of the Judicatory Appealed from may not Vote, a, b. 4. Members of a Judicatory Appealed from may Speak on a Motion to Postpone. 5. An Elder belonging to the Judicatory Appealed from, though not a Member of the Judicatory when the Case was Issued, may not Sit. 6. Ministers who were Dismissed to other Bodies before the Action Complained of, are not Excluded. 7. A Case is Eemanded, where Members of the Judicatory Appealed from Act in their own Case 709 XCIX. The Method of Proceeding in Cases of Appeal. What Constitutes an Appeal "in Order." On Reading the Judgment, the Notice of Appeal, the Appeal and Specifications of Errors Alleged, the Judicatory, after Hearing the Parties, may Determine whether the Appeal shall be Entertained. If Entertained, the Order to be Observed 710 I. The Record in the Case from the Beginning to the End shall be Bead, except what may be Omitted by Consent of Parties. 1. In the Absence of the Eecords the Decision of the Appeal should be Suspended. Parole Testimony will not Supply the Place of the Eecords. 2. Eeading of Documents by Consent Dispensed with. 3. Certified Copies Distributed by Consent, a, b. 4. The Hearing of a Voluminous Case Declined ; the Case Terminated by the Assembly without further Trial. 5. Matters Foreign to the Issue, by Consent, Omitted in the Eeading, a, b. 6. Documents not Eead may be Used in Pleading. In a Case without an Individual Prosecutor, the Appellant flu- only Original Party. 7. Eeasons Assigned by an Appellant must be Eecorded. They must be Couched in Decent and Eespectfuf Language 712 II. The Parties shall be Heard, the Appellant Opening and Closing. 8. Case Eemanded where the Original Parties had not been Heard. 9. Case issued where no one Ap- pears on Behalf of the Eespondent 715 III. Opportunity shall be Given to the Members of the Judicatory Appealed from to be Heard 715 I V. Opportunity shall be Given to the Members of the Superior Judicatory to be Heard... 715 BOOK OF DISCIPLINE. 33 V. The Vote shall there be Separately Taken without Debate on each Specification of Error Alleged, the Question being Taken in the Form, "Shall the Specification of Error be Sus- tained?" 10. The Final Vote must be Taken. 11. It must be Taken Separately on each Charge 716 THE DECISION. I. The Decision may Confirm that of the Lower Judicatory, if no one of the Specifications be Sustained, and no Error Found. 1. Cases Cited, a-i. 2. In Confirming the Decision the Assembly Directs that if a New Trial, as Ordered, be not Instituted within Six Months, the Decision shall be Final 716 II. The Decision may Eeverse that of the Lower Judicatory, if one or more Errors be Found. 3. Reversed on Review of Testimony. 4. Reversed, without Assigning a Reason for its Action. 5. Reversed, because of Disproportionate Cen- sure. 6. Reversal on the Ground of Undue Severity does not Determine the Inno- cence of the Accused, nor Relieve him from other Process. 7. Where one has Ab- sented himself from the Ordinances of the Church a Qualified Form of Certificate is Sustained. Decision of Synod Reversed as in Error in Prescribing a Form of Certificate. 8. Reversed because of Unconstitutional Action of the Judicatory Ap- pealed from, a, b, c. 9. Where Sentence is Reversed for Irregularity, either Party may Institute a New Trial. If Process is not Commenced within the Time Limited, he may Demand a Letter as in Good Standing. 10. Reversed for Haste and Uncon- stitutional Action. 11. Sentence Reversed, and the Appellant Declared to be in Regular Standing. 12. The Decision may Declare the Acts of the Lower Judicatory Void, a, b, c. 13. The Reversal Annuls the Acts Complained of, a, b 717 III. The Decision may Confirm or Reverse, in Part. 14. Reversed in Part, on the Ground of Irregularity. Aifirmed in Part. The Judicatory may not Inflict a New Sentence without a new Trial, a ; nor Remove Censure where they find Re- buke Deserved, b. 15. Reversed in Part on the Ground that Irregularity of Pro- ceedings does not Necessarily Invalidate. 16. Sustained in Part, Reversed in Part, Minute in the Case, a, b. 17. The Decision Censures the Irregular Excommunica- tion of a Member, and Prescribes the Steps which should have been Taken. 18. The Decision finds Error in the Judicatories below: — A Presbytery may not unduly Direct and Control a Session. Synod may not Refuse an Appeal from a Party Aggrieved : 723 IV. The Decision may Remit the Case to the Lower Judicatory. 19. It may Remand the Case for Reconsideration. 20. Judgment Reversed, and the Case Re- mitted on Grounds Stated. 21. Referred back to the Judicatory below, with In- structions, a, b. 22. The Decision details the Irregularities of the Judicatories below, a, b, c, d. 23. And Remits the Case with Instructions, a, b, c. 24. Unconsti- tutional Acts Detailed. The Case Remitted. 25. Referred back by Consent of Parties. 26. Referred back on Account of Irregularities. 27. Discretion of a Judi- catory is not Subject to Review. 28. Remitted on the Recommendation of a Judi- cial Commission, a, b, c. 29. In Passing Judgment a Case already Settled may not be Opened. 30. The Decision Sustains the Lower Judicatory; but one Restored by Judicial Action can be Deprived of Office again only by New Trial and Conviction. 31. The Decision Reverses all the Judicatories below, and Restores the Appellant. 32. The Decision Declares and Decides the Several Issues Involved. 33. The De- cision Restores the status in quo. 34. A Superior Judicatory may not Compel an Inferior to Review its Decision, without Assigning Reasons, a, b. 35. The Decision Explains the True Intent of the Action Complained of. Deposition, after Reception to Presbytery, does not Affect Good Standing 727 C. When the Judgment directs Admonition or Rebuke, Notice of Appeal shall Suspend all further Proceedings; but in other Cases the Judgment shall be in Full Force until the Appeal is Decided. 1. An Appeal Arrests all further Proceedings until it be Issued. 2. Suspension is Continued until the Issue of the Appeal, which must be at the next Meeting of the Judicatory above. 3. An Appeal against certain Action does not Debar the Judicatory from Acting upon the continued Disturbed State of a Church. 4. Where a Session is Dissolved, an Appeal Continues the Rights of the Elders as to the Higher Judicatories until it is Issued 737 CI. The Judicatory Appealed from must Send up Records and Papers. Failing to do so. it shall be Censured, and the Sentence Appealed from be Suspended until the Record is Pro- duced. 1. Copies made by the Appellant not Sufficient. The Records or Authenti- cated. Copies Required. 2. On Failure of the Judicatory to Send up Authenticated Copies of the Testimony, the Appeal Sustained. 3. In the Absence. of Papers referred to in the Records, and of Attested Copies of the Charges, the Case Postponed. I. The Case Remanded, with Directions as to Procedure and as to the Records. 5. In the 34 SYLLABUS. Absence of the Necessary Documents, the Case Eemanded. 6. In the Absence of Documents, the Synod Censured and the Case Postponed. 7. The Case Dis- missed and the Papers Eeturned. 8. Where the Absence of Papers is the Fault of the Defendant, the Case Dismissed and the Judgment Affirmed 738 CII. Appeals are Generally to be Taken to the Judicatory immediately Superior to that Ap- pealed from. 1. Appeals may be Carried Directly to the General Assembly, a, b, c, d, e. 2. Appeals Dismissed, because not first Brought in the Lower Judicatories, and no Sufficient Eeasons Given, a, b, c, d, e, f, g. 3. Where there is no Common Belation, a Complaint is Allowed 74(> CHAPTER X. OF DISSENTS AND PROTESTS. CIII. A Dissent Defined — a Declaration Expressing Disagreement. A Dissent entered without Eeply. A Dissent with Eeasons is virtually a Protest 743 CIV. A Protest Defined — a more Formal Declaration bearing Testimony against the Action of the Judicatory, and Giving Eeasons therefor. 1. The Eight to Protest for the Belief of Conscience. 2. The Dissent or Protest must be Entered before the Eising of the Judicatory. 3. A Protest Arguing the Case is Eefused. 4. The Protest must Con- fine itself to the Eeasons on which it is Founded 743 CV. A Dissent or Protest, if Respectful, to be Entered on the Records. 1. Protest Admit- ted without Answer. 2. Protest Eefused, on being Disrespectful. 3. A Protest should be Becorded only by Order of the Judicatory. 4. Protest Eeceived and put on Eecord, a, b, c, d 744 CVI. The Judicatory may, at its Discretion, Prepare an Answer which shall be Entered on the Records. The Protestants may then Modify their Protest, and the Judicatory its An- swer. 1. No Answei deemed Necessary when the Assumptions have been Befuted. 2. The Answer Denies the Imputations of the Protest 745 ( VII. No one may Dissent or Protest who has not a Right to Vote on the Question Decided. In Judicial Cases no one shall be Allowed to Dissent or Protest who did not Vote against the Decision. 1. Protest will not be Eeceived from those not Members of the Body. 2. A Protest can be Brought only by a Minority of a Judicatory itself. 746 CHAPTER XI. OF JURISDICTION IN CASES OF DISMISSION. CVIIL. The Judicatory to which a Church Member or a Minister belongs has sole Jurisdic- tion for the Trial of Offences. 1. If the Presbytery have become Extinct, Jurisdic- tion is in the Synod. 2. Jurisdiction over one Charged with an Offence is in that Presbytery of which he was a Member when the Alleged Offence was Committed. 3. The Presbytery within whose Bounds the Offence was Committed fulfills its Duty in Notifying the Presbytery to which the Offender Belongs 747 CIX. A Church Member Dismissed Continues under the Jurisdiction of the Session until Re- ceived by the Church to which he was Recommended. Return of his Letter does not Restore him to any Office he may have held. 1. A Suspended Member may not be Eeceived on Profession by another Church. If Eeceived without the Knowledge of the Facts, his Name to be Stricken from the Eoll. 2. A Letter of Dismission takes Effect as soon as Granted, so far as Eights and Privileges are Concerned 748 CX. A Minister Dismissed is Subject to the Jurisdiction of the Presbytery which Dismissed him until he becomes a Member of another Presbytery. He shall not be Counted in the Basis of Representation to the General Assembly. Should he Return his Letter within a Year, he shall be Restored to the full Privileges of Membership. 1. Jurisdiction over a Deposed Minister is in the Presbytery which Deposed him, a, b. 2. Where a Min- ister is Deposed, his Name should not be formally Stricken from the Eoll until the Case is Finally Disposed of. 3. The Privileges of Membership Cease with the Grant- ing of the Letter. 4. While a Minister is in transitu he is a Member of the Pres- bytery which gave him his Letter. 5. A Suspended Minister is under the Jurisdic- tion of the Presbytery which Suspended him. When Sentence has been Eeversed for Informality, if Process is not Commenced in Six Months, a Dismission in Good Standing may' be Claimed. 6. A Minister holding a Letter of Dismission is a Mem- ber of the Presbytery Dismissing him until Eeceived by another Body 749 CXI. A Presbytery, giving a Certificate of Dismission, shall Specify the Particular Body to v)hich it Recommends ; if to a Presbytery, no other shall Receive him. 1. Presbytery must Specify the Body to which it Dismisses. 2. The Minister Dismissed must Unite BOOK OP DISCIPLINE. 35 with the Body Designated. 3. The Presbytery receiving a Minister on a Certificate must Notify the Presbytery that Dismissed him. 4. Dismission may not be by a Standing Committee 751 CXII. If a Church becomes Extinct, the Presbytery with which it was Connected has Jurisdic- tion over its Members. 5. Members of an Extinct Church are Amenable to the Pres- bytery 752 CXIII. If a Presbytery becomes Extinct, the Synod has Jurisdiction 752 CHAPTER XII. OF REMOVALS AND LIMITATION OF TIME. CXIV. Members, to be Received on Certificate of premiership and Dismission, ordinarily not more than One Year Old. It should include the Names of Baptized Children not Com- municants, and Addressed to a Particular Church. Their Reception should be promptly Acknoivledged. 1. A Certificate of Dismission should be Required, a. The Names of Baptized Children should be Included, b. 2. To Receive Members of Churches of our own Connection without a Certificate is Irregular. 3. Dismission to join another Denomination. 4. The Form of Dismission to other Denominations left to the Discretion of the Session. 5. Dismission of a Suspended Member. 6. A Sus- pended Person, being Restored by the Superior Judicatories, may claim Dismission in Good Standing, a, b. 7. Dismission may be Irregular and yet Valid. 8. Members Removing should, be Furnished with Testimonials of Standing, and should be Coun- selled to Transfer their Relations. 9. Churches Receiving Members by Letter should Notify the Church from which they Come. Blanks of the Board of Publica- tion Recommended. 10. The Limit of one Year does not exclude where the Session has Knowledge of the Reasons and of the Religious Life... 753 11. A Member may not be Received on a Letter from Swedenborgians 860 CXV. The Rule for the Reception of Ministers, Licentiates or Candidates the same mutatis mutandis 756 CXVL If a Church Member, absent more than two Years, Applies for a Letter, the Facts of his Absence and of the Knowledge of the Church concerning him shall be Distinctly Stated in the Certificate. The Standing of Members Absent and Unknown. Such Absence in itself Censurable. If Willful, they should be Suspended 756 CXVIL Prosecution shall Commence within one Year from the Time of the Alleged Offence, or from the Date of its becoming known to the Judicatory having Jurisdiction. 1. Limita- tion not to be Plead against the Order of a Superior Judicatory. 2. The Plea is Good where the Offence was known to Members of the Judicatory more than a year before Process was begun 757 CHAPTER XIII. OF JUDICIAL COMMISSIONS. CXVIII. The General Assembly and the Synods may Appoint Judicial Commissions, consist- ing of Ministers and Elders in Number not less than a Quorum of the Judicatory. All Judicial Cases may be Submitted to such Commission. Its Decisions shall be Final except in Matters of Late, which shall be Referred to the Appointing Court for Final Adjudica- tion. Matters of Constitution and Doctrine may be Reviewed in the Appointing Body, a>id, upon final Adjudication, by the General Assembly. The Commission shdtt sit at the same Time and Place as the Body appointing it. Its Finding shall be Entered on the Min- utes of such Body. Commission appointed by the Assembly, with full Powers, by Con- sent of Parties. Special Reports of Judicial Decisions by Synods to be Sent up 36 SYLLABUS. BOOK III. THE DIRECTORY FOR WORSHIP. CHAPTER I. ON THE SANCTIFICATION OF THE LORD'S DAY. I. The Buty of every one to Remember the Lord's Bay; to Prepare for it ; Worldly Business to be Laid Aside. 1. Petition to Congress against Sabbath Mails, a, b, c 759 II. The whole Bay to be Sanctified by Worship and by Rest from Labor and from Recreation. 1. Deliverance on the Profanation of the Sabbath. Discipline Enjoined, a. Sab- bath Travel Discouraged, b, c. 2. For the better Observance of the Sabbath, Sab- bath Travel Condemned. Discipline Enjoined. 3. Sessions Enjoined to Fidelity. 4. Eesolutions ou the Sanctification of the Sabbath. 5. Traveling on the Sabbath Condemned. 6. Decoration of Soldiers' Graves on the Sabbath Deprecated, a, b, c 761 7. Eeport on Sabbath Observance. Duty of all to Sanctify the Sabbath. Testimony against its Desecration by Eailroads and Eecreations. 8. Former Deliverances Affirmed and Enlarged upon. 9. The Divine Sanctions and Obligations of the Sab- bath. 10. Eeading of Secular Newspapers on the Sabbath Discountenanced. 11. The Value and Necessity of Sabbath Observance. 12. Deliverances of 1840, O. S. ; 1863, N. S.; 1864, N. S. ; and 1867, O. S., confirmed 835 III. .Provision for the Family should be so Ordered as not to Hinder Servants or others from Keeping the Bay 767 IV. Personal and Private Prayer, Reading and Meditation 767 V. The Assembling for Worship should be Prompt 768 VI. Buties after Public Worship : Reading, Prayer, Singing, etc., Visiting the Sick, Beeds of Charity. 1. Instruction in the Holy Scriptures. 2. Sabbath-schools and Instruction of Youth. Family Instruction and Catechising Enjoined, a, b, c. Infant Schools. 3. Catechetical Instruction, a, b, c, d, e. 4. Eelations of the Sabbath-school to the Family. 5. Eelations of the Sabbath-school to the Session. Under the Direction of Pastor and Session, a. Under the Watch and Care of the Session, b. Eesponsi- bility of the Pastor, c, d 840 6. Eelations of the Session to the Sabbath-school, a, & 768 CHAPTER II. ON THE ASSEMBLING OF THE CONGREGATION AND THEIR BEHAVIOR DURING DIVINE SERVICE. I. The Assembling for Worship 774 II. Conduct Buring Public Worship. 1. Posture in Prayer. Sitting, unless in the Case of the Infirm, Disapproved of, a, b, c 774 CHAPTER III. OF THE PUBLIC READING OF THE HOLY SCRIPTURES. I. Reading the Scriptures is a Part of the Public Worship of God, and ought to be Per- formed 774 II. They should be Read in the Vulgar Tongue, that all may Hear and Understand 774 III. The Portion to be Read, at the Biscretion of the Minister, as also the Expounding of it. Proportion to be Observed between the Various Parts of Worship. 1, 2. Eeading the Scriptures Enjoined 775 3. Deliverance on Eesponsive and Eitualistic Services in Public Worship, a. Not a Subject of Church Discipline, b 841 THE DIRECTORY FOR WORSHIP. 37 CHAPTER IV. ON THE SINGING OF PSALMS. I. The Duty of Praising God, in Song, Publicly and Privately. 1. Early Action on Psal- mody, a, b. Watts' Imitation of the Psalms of David Allowed, c, d, e. 2. Watts' Hymns Allowed. Dwight's Revision Approved. 3. Other Psalms and Hymns not Forbidden. Sessions and Presbyteries to take Cognizance. 4. The Book of Psalms and Hymns. Report on Psalmody ; the Book Approved and Adopted, a. Revised, 6. 5. The Church Psalmist ; Recommended, a. Purchased by the Publication Committee, b. Appendix Prepared, c. 6. "The Book of Praise" Approved, and Ordered to be Published 775 7. The Presbyterian Hymnal Accepted and Approved. 8. Church Music under the Control of the Session. 9. Hymns for Social Worship and the Sunday-school.... 842 II. The Bides of Music should be Cultivated. 1. The Book of Tunes. 2. The Hymnal. 3. The Social Hymn and Tune Book. 4. Report on Sacred Music — the Hymnal Commended 779 III. The whole Congregation should Join in Singing; Lining the Hymn to be Laid Aside 782 IV. The Proportion of Time for Singing to be left to the Prudence of the Minister; a Liberal Allowance Recommended. 1. The Music is under the Control of the Session, a, b ; 782 CHAPTER V. OF PUBLIC PRAYER. 1. The Invocation ; Adoring God ; Abasing Self, and Imploring the Presence and Blessing of God, and the Assistance of the Spirit, through the Merits of our Lord Jesus Christ. 783 II The Comprehensive Prayer before Sermon : First, Adoration ; Second, Giving Thanks ; Third, Confessing Sin; Fourth, Making Supplication; Fifth, Pleading with God; Sixth, Intercession for Others : 783 III. The Prayer after Sermon should be Belevant to the Subject , 784 IV. The Pastor must Exercise great Wisdom in the Selection of Topics ; must Prepare Him- self; must Exercise his own Spirit. 1. Liturgical Forms not Needed 784 2. Liberty to use the Forms of the Reformed Churches 843 CHAPTER VI. OF THE WORSHIP OF GOD BY OFFERINGS. I. That every Member of the Congregation may be Trained to Give Systematically, Opportu- nity should be Given for Offerings on every Lord's Day as an Act of Worship 785 II. The Order Discretionary ; but should be Preceded or Followed with Prayer 785 III. The Offerings may be Apportioned by the Session; but the Will of the Donor should be Carried Out 785 IV. The Duty of every Minister to Cultivate the Grace of Liberal Giving, according to the Several Ability 785 CHAPTER VII. OF THE PREACHING OF THE WORD. I. Great Attention should be given to the Manner of Performing it. Demands Diligent Ap- plication. 1. Reading Sermons Discouraged, a, b, c 786 II. The Subject of a Sermon; some Portion of Scripture; the Object, to Explain, Defend and Apply to some Part of the System of Divine Truth, or to Point out sonic Jhi.fi/. 1. Expository Preaching Commended 786 III. The Method of Preaching Demands Study, Meditation and Prayer ; should be Thought- ful, yet Simple, and Enforced by a Godly Example 7-7 IV. The Sermon must not cut Short or Exclude Prayer and Praise, but should be Propor- tionate 787 38 SYLLABUS. V. The Close of Worship: Prayer, Singing, Giving Alms and the Apostolic Benediction... 787 VI. No Person should be Introduced to Preach in any of our Churches but by the Consent of the Pastor or Session 787 CHAPTER VIII. OF THE ADMINISTRATION OF BAPTISM. I. Baptism not to be Unnecessarily Delayed. Lay Baptism not Recognized. The AdminiS' trator must be a Minister. 1. The Age of Infancy is not Determined. Left to the Judgment in each Special Case. 2. Baptism by an Impostor Null and Invalid. 3. Baptism by a Profligate. Unworthiness of the Minister does not Invalidate the Ordinance, but it may be Desirable to Administer the Ordinance in a Begular Man- ner; the Session to Judge. 4. Unitarian Baptism not Valid, a, of Campbellites, b. 5. By a Deposed Minister; as he is no longer a Minister, he is a Private Person. 6. By a Suspended Minister; such a one has no Eight to Administer the Sacrament. 7. Is Baptism in the Church of Borne Valid? Answered in the Negative. 8. Left Unanswered. 9. The Deliverance of 1845 Affirmed. 10. Ruling Elders may not Administer Sealing Ordinances 787 II. The Question of Bebaptism of a Convert from Bomanism Left to the Judgmeut of the Session. 12. The Assembly will make no new Deliverance on the Validity of Boman Catholic Baptism. 13. The Assembly Reaffirms the Deliverance of 1835 ; but does not Reverse the Deliverance of 1875, touching the Validity of Roman Catholic Baptism, a. The Action of 1835, b. 14. Instruction to be Given and Dis- cipline urged for Neglect 844 II. Baptism to be Usually in the Church and in Public, after Sermon 792 III. The Child to be Presented by one or both the Parents. 1. Who may be Presented. Infants of one or both Believing Parents, a, b. 2. Christian Masters should Dedi- cate the Children of their Household to God. 3. Children of Christian Slaves should be Baptized. 4. Infant Slaves of Christian Masters; Masters should Pre- sent; Ministers should Baptize them. 5. Orphan Children of Heathen Parents, under Care of the Missions ; Three Questions. Baptism is not to be Administered Irrespective of Age, a. Those only to be Baptized who have not Beached Years of Discretion, b. This Question left to the Judgment of the Officers of the Church in each Case, c. 6. The Obligations and Qualifications of the Parents ; must be of Reg- ular Life and Knowledge of the Gospel, a. Able to Instruct their Children in the Doctrines and Precepts of Christianity, b. What is a Credible Profession, to be Judged of in each Case, c. The Right of Baptism belongs only to the Children of Members of the Church, d 792 IV. Instructions as to the Nature, Use, etc., of the Ordinance ; Duties Required of Parents. 1. Parents Required to Enter into Engagements 795 V. Prayer ; the Formida ; Discretion as to Private Baptism is with the Minister. 1. Mode of Baptism, Refers to Confession of Faith, Chap. XXVIII. , Sec. 3 796 CHAPTER IX. OF THE ADMINISTRATION OF THE LORD'S SUPPER. I. The Frequency of Administration Determined by the Session. 1. Administered where there is no Church Organized. 2. Not usually within the Bounds of a Congregation without Consent. 3. Where a Minister may Statedly Preach, he may Administer the Supper. 4. Administered in Case of Sickness in a Private House 796 II. The Ignorant and the Scandalous to be Excluded 797 III. Notice to be given ; Preparatory Services 797 IV. The Authority for the Ordinance; Who are to be Excluded and who Invited. 1. The Ignorant and Scandalous Excluded. 2. Not the Usage to Invite those not Members of any Evangelical Church 797 3. Church Membership is Implied in the Invitation to Commune. 4. Baptism with Water Essential to Membership in the Presbyterian Church. 5. The Session to Judge what is Bread and what is Wine 846 V. The Administration; Posture of the Communicant; Setting Apart of the Elements; Breaking and Distribution of the Bread; the Words; Distribution of the Cup; the Words; the Exhortation ; the Prayer ; the Collection; the Hymn; the Benediction... 798 VI. Services, Post-communion, Approved 799 THE DIRECTORY FOR WORSHIP. 39 CHAPTER X. OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. I. Children Baptized are under the Government of the Church, to be Taught the Catechism, Apostles' Creed and Lord's Prayer, to Pray, to Abhor Sin, Fear and Obey God; When they should be Admitted to the Lord's Supper. 1. Pastoral Care to be Exercised over Baptized Children, a, b. 2. As to the Discipline of Baptized Children, a, b ; the Subject largely Discussed, c, d, e, and Dismissed, /, g ; Neglect Deprecated, h. 3. Children should be Trained in the Faith of their Fathers. 4. Catechetical Instruc- tion urged. The Shorter Catechism Commended. 5. Family Training for the In- crease of the Ministry and the Church. 6. Placing Children in Catholic Schools a Violation of Covenant Engagements '. 800 7. The Duty of Home Training urged on the Attention of the Church 847 II. The Years of Discretion to be Decided by the Session ; the Officers of the Church Judges of the Qualifications of Candidates, and of the Time of Admitting them 803 III. Candidates to be Examined as to their Knowledge and as to their Piety. 1. Uni- versalists not to be Received to Sealing Ordinances, a, b. 2. Scruples on Infant Baptism may not Exclude. 3. Duelists to be Received only on Evidence of Repent- ance. 4. Postmasters Officiating on the Sabbath Excluded from Communion, a, b. 5. Proprietor of Stages Running on the Sabbath. 6. Session to Judge in the Case of one Engaged in the Sale of Intoxicating Drinks. 7. Session to Judge of the Faith and Knowledge of Candidates. 8. Should be Admitted only by a Session Regularly Organized ; Ordinarily Improper to Receive Immediately on the Profession of Con- version the Young, and those of Previously Immoral Lives. 9. The Session is to Judge of the Piety of Candidates, and is Referred to the Deliverances of the Assem- bly on Moral Questions. 10. One Professing his Faith in Christ and Obedience to him may be Baptized. 11. Intercommunion Discouraged in a Case Stated 803 12. Polygamists cannot be Received into the Church while maintaining that Relation. 13. Examination of Candidates ought Ordinarily to be in the Presence of the Ses- sion 847 IV. Unbaptized Persons Applying for Admission to the Church Ordinarily to make a Public Profession and be Baptized. 1. Baptism hot Ordinarily to be Administered without the Purpose of Uniting with the Church. Baptism is Necessary to Entitle one to Church Privileges. 2. Admission to Sealing Ordinances the Exclusive Prerogative of the Session 806 3. An Excommunicated Person, if Readmitted, is not to be Rebaptized 848 CHAPTER XI. OF THE MODE OF INFLICTING CHURCH CENSURES. I. Church Power is for Edification, and not Destruction. Censure should be with all Tender- ness, and, Inflicted with great Solemnity, Aiming to Lead to Repentance 808 II. Suspension from Church Privileges. The Sentence 808 III. Treatment of the Suspended — to be Labored with and Prayed for 808 IV. Restoration on Evidence of Repentance. Declaration to be in the Presence of the Session or Congregation 809 V. Should a Suspended Person Fail to Manifest Repentance for his Offence, not less than a Year, he may be Excommunicated without further Trial. The Design of Excommunica- tion 809 VI. The Order of Excommunication, and Form of the Sentence 809 VII. The Order of Restoration on Repentance, and Form of the Sentence 809 VIII. Censures other than Suspension and Excommunication to be Inflicted in such Mode as the Judicatory may Direct 810 CHAPTER XII. OF THE SOLEMNIZATION OF MARRIAGE. I. Marriage not a Sacrament ; the State should make Laws to Regulate Marriage, which all Citizens are Bound to Obey 810 Testimony against the Immorality of Loose Practice in the Matter of Divorce 849 40 SYLLABUS. II. Christians ought to Marry in the Lord; Marriage should be Solemnized by a Lawful Minister, with Instruction and Prayer. 1. Licentiates may Solemnize Marriage where the Civil Law Authorizes them. 2. Marrying in the Lord Defined. 3. In Case of Marriage of Heathen Converts, Presbyteries to Judge 810 III. Marriage to be between One Man and One Woman only, and not within the Degrees of Consanguinity or Affinity. 1. Questions of Marriage of Divorced Persons. 2. A Min- ister, having Married again, Eequired to Cease Officiating until he Proves the Death of his Wife. 3. Adultery and Eemediless Desertion the only Sufficient Cause of Divorce. 4. On Divorce for Adultery, the Innocent Party may Marry again. 5. A Bigamist to be Excluded from the Church ; Willful Desertion a just Cause for Divorce; if Divorce be Eefused where just Cause Exists, the Cburch may Eeceive him. 6. A Minister, having Married a Woman Divorced for Cause other than Adultery, or Willful Desertion, is Deposed, a, b, c. 7. Degrees of Consanguinity and Affinity. 8. Marriage with a Brother's Widow Declared Incestuous; left to the Discretion of the Session, a. 9. With Deceased Wife's Sister, Declared Unlaw- ful, and Parties Suspended, a; Parties Eestored on Petition; such Marriages Dis- countenanced, b. 10. With Beliefs of Brother and Sister Disapproved, but not De- clared Incestuous. 11. With Deceased Wife's Sister ; Eeferred to Session ; Party Suspended, and Suspension Confirmed, a; Case of McQueen, b, of John Cathev, c. 12. With a Wife's Brother's Daughter. 13. With a Wife's Half-brother's Daughter. 14. With a Wife's Sister's Daughter, a, b, c, d. 15. With a Sister's Daughter. 16. Loose Opinion on Marriage Condemned 811 IV. Parties should be of Years of Discretion, and if Minors the Consent of Parents should be had. Clandestine Marriages to be Discouraged 820 V. Parents should not Compel their Children to Marry, nor Unreasonably Hinder 820 VI. Marriage of a Public Nature ; Due Notice should be given ; Caution Enjoined on Min- isters. Question as to Sufficient Publication of Marriage 820 2. Caution Enjoined in Solemnizing Marriages 849 VII. Must always be in the Presence of Witnesses ; may be on any except a Fast Day; Dis- couraged on Sabbath 821 VIII. Directory for the Marriage Ceremony; a Register to be kept for the Perusal of all Interested 821 CHAPTER XIII. OF THE VISITATION OF THE SICK. I. Duty of the Sick to make Known their Spiritual State; Duty of the Minister to Visit the Sick 823 II. Instruction to be given as to the Dealings of God and his End in them 823 III. The Ignorant to be Instructed in the Nature of Repentance and Faith and the Way of Life through Christ 823 IV. Exhort to Self-examination by the Word of God, and Aid him by Noting Evidences of Piety 823 V. Resolve Doubts, and Administer Instruction, as the Case may Require 823 VI. Seek to Awaken the Thoughtless, to Arouse Conscience, to Convince of Sin and Lead to Repentance 823 VII. When Encouragement should be given, and Consolation in the Gospel. Under what Circumstances the Communion may be Administered in the Chamber of the Sick. Chap. IX., Sec. I. 4 823 VIII. Guard against Delusion, Fear, Discouragement and Presumption, also against Despair... 824 IX. Summing up of the Duties of the Minister ; at the Proper Time he shall Pray with the Side 824 X. Exhort those who may be Present to Consider, to Repent, and in Health to Prepare for Sickness and Death 824 THE DIRECTORY FOR WORSHIP. 41 CHAPTER XIV. OF THE BURIAL OF THE DEAD. I. Proper Care to be taken of the Body; not to be Hastily Buried 824 II. Conduct Proper to the Occasion; the Living Exhorted. Carousing, Ostentation and Parades to be Discountenanced 824 CHAPTER XV. OF FASTING AND THE OBSERVATION OF DAYS OF THANKSGIVING. I. The Lord's Day the only Holy Day under the Gospel 825 II. But to Observe Days of Fasting and Thanksgiving both Scriptural and Rational. The Duty not to be Neglected ; a Means of Grace 825 III. Such Days may be Observed by Individuals, Families, Congregations, etc., or by the Whole Church 825 IV. Discretion left to Families, Sessians, Presbyteries, etc., as to Determining the Times for Themselves ; Respect to be Paid to Public Appointments. Churches should Observe the Days Appointed by the Local Authorities. 1. Days of Fasting Appointed by the Supreme Judicatory, on the Occasion of the French War. a ; on the same, b. 2. On the War with Spain. 3. On Account of Troubles with England, a, b. 4. Before the Second War with England. 5. During that War. 6. On the Outbreak of the Civil War, a, b. 7. On Account of the Profanation of the Sabbath. 8. For the Conver- sion of the World. 9. The Week of Prayer 625 10. Monthly Concert of Prayer for Missions. 11. Children's Day. Special Services to be held, a, b. 12. Week of Prayer. Day of Prayer for Literary Institutions... 852 CHAPTER XVI. THE DIRECTORY FOR SECRET AND FAMILY WORSHIP. I. Duty of Secret and of Family Worship 831 11. Secret Worship Enjoined by our Lord ; Mode; Advantages 831 III. Family Worship, Morning and Evening; Mode 832 IV. All the Members of the Family should Attend 832 A'. Duties of Heads of Families to Instruct : the Evenings of the Lord's Day to be Specially Devoted to this Duty. 1. Duty of Ministers to urge Family Religion upon their Peo- ple, a, b, c; Heads of Families Enjoined, d, e. 2. Special Relations of the Sabbath to Family Instruction. 3. Catechetical Instruction enjoined on Parents 832 DIGEST OF THE ACTS AND DELIVERANCES OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. BOOK I. OF GOVERNMENT. CHAPTER I. PRELIMINARY PRINCIPLES* The Presbyterian Church in the United States of America, in present* ing to the Christian public the system of union and the form of govern- ment and discipline which they have adopted, have thought proper to state, by way of introduction, a few of the general principles by which they have been governed in the formation of the plan. This, it is hoped, will, in some measure, prevent those rash misconstructions and uncandid reflections which usually proceed from an imperfect view of any subject, as well as make the several parts of the system plain and the whole per- spicuous and fully understood. They are unanimously of opinion : I. That " God alone is Lord of the conscience ; and hath left it free from the doctrines and commandments of men, which are in any thing contrary to his word, or beside it in matters of faith or worship :" there- fore they consider the right of private judgment, in all matters that respect religion, as universal and unalienable ; they do not even wish to see any religious constitution aided by the civil power, further than *This introductory chapter, with the exception of the first sentence, was first drawn up by the Synod of New York and Philadelphia, and prefixed to the Form o{ Government, etc., as published by that body in 178S. In that year, after arranging the plan on which the Presbyterian Church is now governed, the synod was divide** into four Synods, and gave place to the General Assembly, which met for the tir»4 time in 178S. 43 14 FORM OF GOVERNMENT. may be necessary for protection and security, and, at the same time, be equal and common to all others. II. That, in perfect consistency with the above principle of common right, every Christian church, or union, or association of particulai churches, is entitled to declare the terms of admission into its communion, and the qualifications of its ministers and members, as well as the whole system of its internal government which Christ hath appointed ; that in the exercise of this right, they may, notwithstanding, err in making the terms of communion either too lax or too narrow ; yet even in this case they do not infringe upon the liberty or the rights of others, but only make an improper use of their own. III. That our blessed Saviour, for the edification of the visible Church, which is his body, hath appointed officers, not only to preach the Gospel and administer the sacraments, but also to exercise discipline for the pres- ervation both of truth and duty; and that it is incumbent upon these officers and upon the whole Church in whose names they act, to censure or cast out the erroneous and scandalous ; observing in all cases the rules contained in the word of God. IV. That truth is in order to goodness, and the great touchstone cf truth, its tendency to promote holiness ; according to our Saviour's rule, " by their fruits ye shall know them." And that no opinion can be either more pernicious or absurd than that which brings truth and falsehood upon a level, and represents it as of no consequence what a man's opinions are. On the contrary, they are persuaded that there is an inseparable connection between faith and practice, truth and duty. Otherwise it would be of no consequence either to discover truth or to embrace it. V. That while, under the conviction of the above principle, they think it necessary to make effectual provisions that all who are admitted as teachers be sound in the faith, they also believe that there are truths and forms with respect to which men of good characters and principles may differ. And, in all these, they think it the duty, both of private Chris- tians and societies, to exercise mutual forbearance toward each other. VI. That though the character, qualifications and authority, of church- officers are laid down in the Holy Scriptures, as well as the proper method of their investiture and institution, yet the election of the persons to the exercise of this authority, in any particular society, is in that society. VII. That all church-power, whether exercised by the body in general, or in the way of representation by delegated authority, is only ministerial and declarative : That is to say, that the Holy Scriptures are the only rule of faith and manners ; that no church judicatory ought to pretend to make laws to bind the conscience in virtue of their own authority, and that all their decisions should be founded upon the revealed will of God. Now, though it will easily be admitted that all synods and councils may err, through the frailty inseparable from humanity, yet there is much greater danger from the usurped claim of making laws than from the right of judging upon laws already made and common to all who profess the Gospel, although this right, as necessity requires in the present state, be lodged with fallible men. VIII. Lastly, That if the preceding scriptural and rational principles be steadfastly adhered to, the vigor and strictness of its discipline will con- tribute to the glory and happiness of any Church. Since ecclesiastical discipline must be purely moral or spiritual in its object, and not attended w 7 ith any civil effects, it can derive no force whatever, but from its own justice, the approbation of an impartial public, and the countenance and blessing of the Great Head of the Church universal. PRELIMINARY PRINCIPLES. 45 ADOPTION OF THE WESTMINSTEE STANDAKDS. 1. The Overture laid over for a year. "There being an overture presented to the Synod in writing, having reference to the subscribing to the Confession of Faith, etc., the Synod, judging this to be a very important affair, unanimously concluded to de- fer the consideration of it till the next Synod, withal recommending it to the members of each Presbytery present to give timeous notice thereof to the absent members." — 1728, p. 91. 2. The Confession of Faith, Larger and Shorter Catechisms of the Westminster Assembly adopted. " The committee brought in an overture upon the affair of the Con- fession, which, after long debating upon it, was agreed upon in hcec verba : " Although the Synod do not claim or pretend to any authority of im- posing our faith upon other men's consciences, but do profess our just dissatisfaction with and abhorrence of such impositions, and do utterly disclaim all legislative power and authority in the Church, being willing to receive one another as Christ has received us to the glory of God, and admit to fellowship in sacred ordinances all such as we have grounds to believe Christ will at last admit to the kingdom of heaven, yet we are undoubtedly obliged to take care that the faith once delivered to the saints be kept pure and uncorrupt among us, and so handed down to our posterity. And do therefore agree that all the ministers of this Synod, or that shall hereafter be admitted into this Synod, shall declare their agreement in and approbation of the Confession of Faith, with the Larger and Shorter Catechisms of the Assembly of Divines at West- minster, as being, in all the essential and necessary articles, good forms of sound words and systems of Christian doctrine, and do also adopt the said Confession and Catechisms as the confession of our faith. And we do also agree, that all the Presbyteries within our bounds shall always take care not to admit any candidate of the ministry into the exercise of the sacred function, but what declares his agreement in opinion with all the essential and necessary articles of said Confession, either by sub- scribing the said Confession of Faith and Catechisms, or by a verbal declaration of their assent thereto, as such minister or candidate shall think best. And in case any minister of this Synod, or any candidate for the ministry, shall have any scruple with respect to any article or articles of said Confession or Catechisms, he shall at the time of his making said declaration declare his sentiments to the Presbytery or Synod, who shall, notwithstanding, admit him to the exercise of the ministry within our bounds, and to ministerial communion, if the Synod or Presbytery shall judge his scruple or mistake to be only about articles not essential and necessary in doctrine, worship or government. But if the Synod or Presbytery shall judge such ministers or candidates erro- neous in essential and necessary articles of faith, the Synod or Presby- tery shall declare them uncapable of communion with them. And the Synod do solemnly agree that none of us will traduce or use any oppro- brious term of those that differ from us in these extra-essential and not necessary points of doctrine, but treat them with the same friendship, kindness and brotherly love, as if they had not differed from us in such sentiments."— 1729, p. 94. 16 FOEM OF GOVERNMENT. On the afternoon of the same day, Ordered, That the minutes of our last sederunt be read. x\ll the ministers of this Synod now present, except one * that declared himself not prepared, viz : Masters Jedidiah Andrews, Thomas Craighead, John Thomson, James Anderson, John Pierson, Samuel Gelston, Joseph Houston, Gilbert Tennent, Adam Boyd, Jonathan Dickinson, John Brad- ner, Alexander Hutchinson, Thomas Evans, Hugh Stevenson, William Tennent, Hugh Conn, George Gillespie and John Wilson, after proposing all the scruples that any of them had to make against any articles and expressions in the Confession of Faith and Larger and Shorter Catechisms of the Assembly of Divines at Westminster, have unanimously agreed in the solution of those scruples, and in declaring the said Confession and Catechisms to be the confession of their faith, excepting only some clauses in the twentieth and twenty-third chapters, concerning which clauses the Synod do unanimously declare that they do not receive those articles in any such sense as to suppose the civil magistrate hath a controlling power over Synods with respect to the exercise of their ministerial authority, or power to persecute any for their religion, or in any sense contrary to the Protestant succession to the throne of Great Britain. The Synod, observing that unanimity, peace and unity which appeared in all their consultations and determinations relating to the affair of the Confession, did unanimously agree in giving thanks to God in solemn prayer and praises. — 1729, p. 95. 3. The "Directory" recommended. A motion being made to know the Synod's judgment about the Directory, they gave their sense of that matter in the following words, viz : The Synod do unanimously acknowledge and declare, that they judge the Directory for worship, discipline and government of the church, commonly annexed to the Westminster Confession, to be agreeable in substance to the word of God, and founded thereupon, and therefore do earnestly recommend the same to all their members, to be by them observed as near as circumstances will allow and Christian prudence direct. — 1729, p. 95. 4. Intrants and Candidates to adopt the Confession in the same manner and as fully as those then present. a. Whereas some persons have been dissatisfied at the manner of wording our last year's agreement about the Confession, etc. ; supposing some ex- pressions not sufficiently obligatory upon intrants; Overtured, that the Synod do now declare that they understand these clauses that respect the admission of intrants or candidates in such a sense as to oblige them to receive and adopt the Confession and Catechisms at their admission in the same manner and as fully as the members of the Synod did that were then present. Which overture was unanimously agreed to by the Synod. —1730, p. 98. b. Ordered, That the Synod make a particular inquiry during the time of their meeting every year, whether such ministers as have been received as members since the foregoing meeting of the Synod have adopted, or have been required by the Synod, or by the respective Presbyteries, to adopt the Westminster Confession and Catechisms with the Directory, according to the acts of the Synod made some years since for that purpose, and that also the report made to the Synod in answer to said inquiry be re- corded in our minutes. — 1734, p. 109. * Daniel Elmer, who gave in his adherence the next year. — 1730, p. 97. PRELIMINARY PRINCIPLES. 47 5. To be inscribed in the book of each Presbytery. Ordered, That each Presbytery have the whole Adopting Act inserted in their Presbytery book. — 1735, p. 115. 6. An Act explaining the Adopting- Act. An overture of the committee upon the supplication of the people of Paxton and Deny was brought in and is as followeth : That the Synod do declare, that inasmuch as we understand that many persons of our persuasion, both more lately and formerly, have been offended with some expressions or distinctions in the first or preliminary act of our Synod contained in the printed paper, relating to our receiving or adopting the Westminster Confession and Catechisms, etc. ; That in order to remove said offence, and all jealousies that have arisen or may arise in any of our people's minds on occasion of said distinctions and expressions, the Synod doth declare that the Synod have adopted and still do adhere to the West- minster Confession, Catechisms and Directory, without the least variation or alteration, and without any regard to said distinctions. And we do fur- ther declare that this was our meaning and true intent in our first adopt- ing of said Confession, as may particularly appear by our adopting act which is as followeth : All the ministers of the Synod now present (which were eighteen in number, except one that declared himself not prepared), after proposing all the scruples any of them had to make against any articles and expressions in the Confession of Faith and Larger and Short- er Catechisms of the Assembly of* Divines at Westminster, have unani- mously agreed in the solution of these scruples, and in declaring the said Confession and Catechisms to be the confession of their faith, except only some clauses in the twentieth and twenty-third chapters, concerning which clauses the Synod do unanimously declare, that they do not receive these articles in any such sense as to suppose the civil magistrate hath a con- trolling power over Synods with respect to the exercise of their ministerial authority, or power to .persecute any for their religion, or in any sense contrary to the Protestant succession to the throne of Great Britain. And we hope and desire that this our Synodical declaration and expli- cation may satisfy all our people, as to our firm attachment to our good old received doctrines contained in said confession, without the least variation or alteration, and that they will lay aside their jealousies that have been entertained through occasion of the above hinted expressions and declarations as groundless. This overture approved nemine contradi- cente— 1736, p. 126. 7. Upon the reunion of the Synods of New York and Philadelphia, May 29, 1758, the following- Plan of Union was adopted, viz. The Synods of New York and Philadelphia, taking into serious con- sideration the present divided state of the Presbyterian Church in this land, and being deeply sensible that the division of the Church tends to weaken its interests, to dishonor religion, and consequently its glorious Author ; to render government and discipline ineffectual, and finally to dissolve its very frame; and being desirous to pursue such measures as may most tend to the glory of God and the establishment and edification of his people, do judge it to be our indispensable duty to study the things that make for peace, and to endeavor the healing of that breach which has for some time subsisted amongst us, that so its hurtful consequences may not extend to posterity ; that all occasion of reproach upon our society may be removed, and that we may carry on the great designs of 48 FORM OF GOVERNMENT. religion to better advantage than we can do in a divided state ; and since both Synods continue to profess the same principles of faith, and adhere to the same form of worship, government and discipline, there is the greater reason to endeavor the compromising those differences which were agitated many years ago with too great warmth and animosity, and unite in one body. For which end, and that no jealousies or grounds of alienation may remain, and also to prevent future breaches of like nature, we agree to unite and do unite in one body, under the name of the Synod of New York and Philadelphia, on the following plan : I. Both Synods having always approved and received the Westminster Confession of Faith and Larger and Shorter Catechisms as an orthodox and excellent system of Christian doctrine founded on the word of God, we do still receive the same as the confession of our faith, and also adhere to the plan of worship, government and discipline contained in the West- minster Directory, strictly enjoining it on all our members and probation- ers for the ministry, that they preach and teach according to the form of sound words in said Confession and Catechisms, and avoid and oppose all errors contrary thereto. II. That when any matter is determined by a major vote, every mem- ber shall either actively concur with or passively submit to such deter- mination ; or if his conscience permit him to do neither, he shall, after sufficient liberty modestly to reason and remonstrate, peaceably withdraw from our communion without attempting to make any schism. Provided always that this shall be understood to extend only to such determinations as the body shall judge indispensable in doctrine or Presbyterian government. III. That any member or members, for the exoneration of his or their conscience before God, have a right to protest against any act or procedure of our highest judicature, because there is no further appeal to another for redress ; and to require that such protestation be recorded in their minutes. And as such a protest is a solemn appeal from the bar of said judicature, no member is liable to prosecution on the account of his pro- testing. Provided always that it shall be deemed irregular and unlawful to enter a protestation against any member or members, or to protest facts or accusations instead of proving them, unless a fair trial be refused, even by the highest judicature. And it is agreed, that protestations are only to be entered against the public acts, judgments or determinations of the judicature with which the protester's conscience is offended. IV. As the protestation entered in the Synod of Philadelphia, Ann. Bom. 1741, has been apprehended to have been approved and received by an act of said Synod, and on that account was judged a sufficient obstacle to an union ; the said Synod declare that they never judicially adopted the said protestation, nor do account it a Synodical act, but that it is to be considered as the act of those only who subscribed it ; and therefore can- not in its nature be a valid objection to the union of the two Synods, especially considering that a very great majority of both Synods have become members since the said protestation was entered. V. That it shall be esteemed and treated as a censurable evil, to accuse any member of heterodoxy, insufficiency or immorality in a calumniating manner, or otherwise than by private brotherly admonition, or by a regu- lar process according to our known rules of judicial trial in cases of scan- dal. xVnd it shall be considered in the same view if any Presbytery ap- point supplies within the bounds of another Presbytery without their concurrence; or if any member officiate in another's congregation without PRELIMINARY PRINCIPLES. 49 asking and obtaining his consent, or the sessions in case the minister be absent ; yet it shall be esteemed unbrotherly for any one, in ordinary cir- cumstances, to refuse his consent to a regular member when it is requested. VI. That no Presbytery shall license or ordain to the work of the min- istry, any candidate, until he give them competent satisfaction as to his learning, and experimental acquaintance with religion, and skill in divin- ity and cases of conscience ; and declare his acceptance of the Westmin- ster Confession and Catechisms as the confession of his faith, and promise subjection to the Presbyterian plan of government in the Westminster Directory. VII. The Synods declare it is their earnest desire that a complete union may be obtained as soon as possible, and agree that the united Synod shall model the several Presbyteries in such manner as shall appear to them most expedient. Provided, nevertheless, that Presbyteries, where an alteration does not appear to be for edification, continue in their present form. As to divided congregations it is agreed that such as have settled ministers on both sides be allowed to continue as they are; that where those of one side have a settled minister, the other being vacant, may join with the settled minister, if a majority choose so to do; that when both sides are vacant they shall be at liberty to unite together. VIII. As the late religious appearances occasioned much speculation and debate, the members of the New York Synod, in order to prevent any misapprehensions, declare their adherence to their former sentiments in favor of them, that a blessed work of God's Holy Spirit in the conver- sion of numbers was then carried on ; and for the satisfaction of all con- cerned, this united Synod agree in declaring that as all mankind are naturally dead in trespasses and sins, an entire change of heart and life is necessary to make them meet for the service and enjoyment of God ; that such a change can be only effected by the powerful operations of the Divine Spirit ; that when sinners are made sensible of their lost condition and absolute inability to recover themselves, are enlightened in the know- ledge of Christ and convinced of his ability and willingness to save, and upon gospel encouragements do choose him for their Saviour, and re- nouncing their own righteousness in point of merit, depend upon his im- puted righteousness for their justification before God, and on his wisdom and strength for guidance and support; when upon these apprehension- and exercises their souls are comforted, notwithstanding all their pasi guilt, and rejoice in God through Jesus Christ; when they hate ana bewail their sins of heart and life, delight in the laws of God without exception, reverentially and diligently attend his ordinances, become hum- ble and self denied, and make it the business of their lives to please and glorify God and to do good to their fellow-men, — this is to be acknow- ledged as a gracious w T ork of God, even though it should be attended with unusual bodily commotions or some more exceptionable circumstances, by means of infirmity, temptations or remaining corruptions ; and wherever religious appearances are attended with the good effects above mentioned, we desire to rejoice in and thank God for them. But on the other hand, when persons seeming to be under a religious 1 concern, imagine that they have visions of the human nature of Jesus Christ, or hear voices, or see external lights, or have fainting and con- vulsion-like fits, and on the account of these judge themselves to be truly converted; though they have not the scriptural characters of a work of God above described, we believe such persons are under a dangerous delusion; and we testify our utter disapprobation of such a delusion, wherever it attends any religious appearances, in any Church or time. 50 FORM OF GOVERNMENT. Now i.8 both Synods are agreed in their sentiments concerning the nature of a work of grace, and declare their desire and purpose to pro- mote it, different judgments respecting particular matters of fact ought not to prevent their union ; especially as many of the present members have entered into the ministry since the time of the aforesaid religious appearances. Upon the whole, as the design of our union is the advancement of the Mediator's kingdom, and as the wise and faithful discharge of the minis- terial function is the principal appointed mean for that glorious end, we judge that this is a proper occasion to manifest our sincere intention unitedly to exert ourselves to fulfill the ministry we have received of the Lord Jesus. Accordingly, we unanimously declare our serious and fixed resolution, by divine aid, to take heed to ourselves that our hearts be up- right, our discourse edifying, and our lives exemplary for purity and god- liness ; to take heed to our doctrine, that it be not only orthodox, but evangelical and spiritual, tending to awaken the secure to a suitable con- cern for their salvation, and to instruct and encourage sincere Christians, thus commending ourselves to every man's conscience in the sight of God ; to cultivate peace and harmony among ourselves, and strengthen each other's hands in promoting the knowledge of divine truth, and dif- fusing the savor of piety among our people. Finally, we earnestly recommend it to all under our care, that instead of indulging a contentious disposition, they would love each other with a pure heart fervently, as brethren who profess subjection to the same Lord, adhere to the same faith, worship and government, and entertain the same hope of glory. And we desire that they would improve the present union for their mutual edification, combine to strengthen the common interests of religion, and go hand in hand in the path of life ; which we pray the God of all grace would please to effect, for Christ's sake. Amen. The Synod agree, that all former differences and disputes are laid aside and buried; and that no future inquiry or vote shall be proposed in this Synod concerning these things ; but if any member seek a Synod- ical inquiry or declaration about any of the matters of our past differ- ences, it shall be deemed a censurable breach of this agreement, and be refused, and he be rebuked accordingly. — 1758, p. 285, 288. [In answer to the Dutch Church the Synod reply.] a. Mode of Adopting the Confession. The Synod of New York and Philadelphia adopt, according to the known and established meaning of the terms, the Westminster Confession of Faith as the confession of their faith, save that every candidate for the gospel ministry is permitted to except against so much of the twenty- third chapter as gives authority to the civil magistrates in matters of re- ligion. The Presbyterian Church in America considers the Church of Christ as a spiritual society, entirely distinct from the civil government, having a right to regulate their own ecclesiastical policy, independently of the interposition of the magistrate. — 1786, p. 519. b. The Directory for Worship and Form of Government. The Synod also receives the Directory for public worship and the form of church government recommended by the Westminster Assembly as in substance agreeable to the institutions of the New Testament. This mode of adoption we use, because we believe the general platform of our gov- ernment to be agreeable to the sacred Scriptures ; but we do not believe PRELIMINARY PRINCIPLES. . 51 that God has been pleased so to reveal and enjoin every minute circum- stance of ecclesiastic government and discipline as not to leave room for orthodox churches of Christ, in these minutise, to differ with charity from one another. — 1786, p. 519. c. Authority of Pardovan's Collections. The rules of our discipline and the form of process in our church judi- catures are contained in Pardovan's (alias Stewart's) Collections, in con- junction with the acts of our own Synod, the power of which, in matters purely ecclesiastical, we consider as equal to the power of any Synod or General Assembly in the world. Our church judicatures, like those in the Church of Scotland, from which we derive our origin, are Church Ses- sions, Presbyteries and Synods, to which it is now in contemplation to add a National and General Assembly. — 1786, p. 519. d. It was moved and carried, That the Form of Process in Stewart of Pardovan's Collections, be read and considered as a basis of deliberation along with the draught. — 1787, p. 535. 8. The Constitution Amended and Adopted, 1788. [In 1786 the "Book of Discipline and Government" was referred to a committee " to digest such a system as they shall think to be accommo- dated to the state of the Presbyterian Church in America." The com- mittee consisted of Drs. Witherspoon, McWhorter, Rodgers, Sproat, Duf- field, Alison and Ewing, Mr. Mathew Wilson and Dr. Smith, with Isaac Snowden, Esq., Mr. Robert Taggart and John Pinkerton, Elders. In 1787, the Synod, preparatory to forming the General Assembly, ordered a thorough revision of the standards, altering the articles ex- cepted to on the Adopting Act, and making such amendments as were found to be necessary. — 1787, p. 539.] a. Form of Government, Discipline, and Confession of Faith. The Synod having fully considered the draught of the form of govern- ment and discipline, did, on a review of the whole, and hereby do ratify and adopt the same, as now altered and amended, as the Constitution of the Presbyterian Church in America, and order the same to be considered and strictly observed as the rule of their proceedings, by all the inferior judicatories belonging to the body. And they order that a correct copy be printed, and that the Westminster Confession of Faith, as now altered, be printed in full along with it, as making a part of the Constitution. Resolved, That the true intent and meaning of the above ratification by the Synod, is, that the Form of Government and Discipline and the Confession of Faith, as now ratified, is to continue to be our Constitution and the Confession of our faith and practice unalterable, unless two-thirds of the Presbyteries under the care of the General Assembly shall propose alterations or amendments, and such alterations or amendments shall be agreed to and enacted by the General Assembly. — 1788, p. 546. [See below under xii. ; vi. Amendments of constitutional rules may be made by a majority of the Presbyteries. Alterations of the Doctrinal Standards still require two-thirds as above.] b. Directory for Worship and Catechisms, Larger and Shorter. The Synod having now revised and corrected the draught of a Director) for worship, did approve and ratify the same, and do hereby appoint tin said Directory, as now amended, to be the Directory for the worship of God in the Presbyterian Church in the United States of America. They 52 FOEM OF GOVERNMENT. also took into consideration the Westminster Larger and Shorter Cate- chisms, and having made a small amendment of the larger, did approve, and do hereby approve and ratify the said Catechisms, as now agreed on, as the Catechisms of the Presbyterian Church in the said United States. And the Synod order, that the said Directory and Catechisms be printed and bound up in the same volume with the Confession of Faith and the Form of Government and Discipline, and that the whole be considered as the standard of our doctrine, government, discipline, and worship, agreeably to the resolutions of the Synod at their present sessions. Ordered, That Dr. Duffield, Mr. Armstrong and Mr. Green, be a com- mittee to superintend the printing and publishing the above said Con- fession of Faith and Catechisms, with the Form of Government and Discipline, and the Directory for the Worship of God, as now adopted and ratified by the Synod, as the Constitution of the Presbyterian Church in the United States of America, and that they divide the several parts into chapters and sections properly numbered. — 1788, p. 547. 9. Proof Texts added by order of the Assembly. a. The committee appointed to consider the expediency of a new im- pression of the Confession of Faith, Form of Government and Discipline of this Church, reported .... that another impression appeared ex- pedient, in which, if the Scripture proofs were inserted at length, it would become more acceptable, and might be of greater utility to the churches ; and proposed that a committee be appointed properly to select and arrange the Scripture texts to be adduced in support of the articles in the Confession of Faith, Form of Government and Discipline, and pre- pare the same to be laid before the next General Assembly. Resolved, That Dr. Robert Smith, and Messrs. Mitchell and Grier, be a committee to carry the above into execution. — 1792, p. 58. b. " A letter was received and read from Mr. Mitchell, one of the mem- bers of a committee appointed by the Assembly of 1792, to revise and prepare for publication an edition of the Confession of Faith, Catechisms, and Form of Government and Discipline of this Church, informing this Assembly that considerable progress had been made in the business, but that it was still incomplete. Whereupon the business was recommitted, and the Moderator (the Rev. James Latta), added to the committee in the place of the Rev. Dr. Robert Smith, deceased, and they were directed to report to the Assembly in 1794." — 1793, p. 66. c. " The committee appointed to prepare the Scripture proofs in support of the doctrines of the Confession of Faith, the Catechisms, etc., of the Presbyterian Church, submitted their report, which was read, examined, and approved as a specimen of the work. Whereupon Dr. Green, Messrs. John B. Smith, James Boyd, William M. Tennent, Nathaniel Irwin and Andrew Hunter, were appointed a committee to compare the proofs prepared by said committee, and now reported to the General Assembly, with the proofs annexed to the Westminster Confession of Faith, Catechisms, and Directory; to revise the whole, prepare it for the press, to agree with the printer for its publication, and to superintend the printing and vending of the same." — 1794, p. 88. 10. Authority of the Notes.— The Text alone contains the Consti- tution. The committee to which was referred an inquiry, proposed to the Assembly by the Presbytery of Philadelphia, relative to the notes found PRELIMINAEY PEINCIPLES. 53 in the book containing the Constitution, reported. Their report was adopted, viz. : " That the book referred to was first published with nothing but the simple text, without any Scripture proofs, or any notes of any description whatsoever. This is evident not only from the minutes of the General Assembly, but from the numerous copies of this first edition of the standards of our Church which are now in existence. It is also equally evident, from examining the records of the General Assembly, that not a single note in the book has been added to or made a part of the Con- stitution of the Church, since it was first formed and published, in the manner above recited. Several alterations and additions have been made by referring them, when contemplated, to the Presbyteries for their decision thereon, in the manner pointed out in the Constitution itself. But among all the points thus referred, there is not found a single note which now appears in the book containing the Constitution of our Church. Hence it follows, beyond a doubt, that these notes are no part of that Constitution. If, then, it be inquired how these notes obtained the place which they now occupy, and what is the character, as to authority, which they possess, the answer is this : When a second edition of the standards of our Church was needed, it was thought by the Gen- eral Assembly, that it would be of great use in itself, highly agreeable to the members of our Church generally, as well as conformable to the ex- ample of the Church of Scotland, from which we derive our origin, if the Scripture proofs were added in support of the several parts and clauses of the Confession of Faith, Catechisms, and Form of Government. A committee was accordingly appointed by the Assembly to select the Scrip- ture proofs, and to prepare them for being printed in the second edition of the book. The work of this committee was, the following year, re- ferred to another, and ultimately the committee charged with preparing the Scripture proofs reported, along with these proofs, the notes which now appear in the book, and which were approved by the General Assembly, and directed to be printed with the proofs, in the form in which they now appear. These notes, then, are explanations of some of the principles of the Presbyterian Church, given by the General Assem- bly, and which/ of course, the General Assembly may modify or alto- gether exclude, at their pleasure, whereas the articles of the Constitution must govern the Assembly themselves, and cannot be altered or abro- gated, but in the manner pointed out in the Constitution itself. " On the whole, in the book containing the standards of our Church, the text alone contains the Constitution of our Church ; the notes are an exposition of principles given by the highest judicature of that Church, of the same force, while they continue, with the other acts of that judica- ture, but subject to alterations, amendments, or a total erasure, as they shall judge proper. "Resolved, That as it belongs to the General Assembly to give direc- tion in regard to the notes which accompany the Constitution, of which they are the supreme judicatory, this Assembly express it as their opin- ion, that in printing future editions of the Constitution of this Church, the parenthesis on the note, on this part of the Form of Government, which defines a Synod, and which is expressed in these words, ' since a Synod is only a larger Presbytery,' be omitted, as well as the note con- nected with the Scripture proofs in answer to the question in the Larger Catechism, 'What is forbidden in the eighth commandment?' in which the nature of the crime of man-stealing and slavery is dilated upon. In regard to this last omission, the Assembly think proper to declare, that in 54 FORM OF GOVERNMENT. directing it, they are influenced by far other motives than any desire to favor slavery, or to retard the extinction of that mournful evil as speedily as may consist with the happiness of all concerned." — 1816, p. 629. [Note. — These notes are not found in the Constitution as revised in 1820.] "Resolved, That as the notes which have been expunged from our pub- lic formularies, and which some of the memorials referred to the commit- tee request to have restored, were introduced irregularly, and never had the sanction of the Church, and therefore never possessed any real author- ity, the General Assembly has no power to assign them a place in the authorized standards of the Church, and does not deem it proper to take the constitutional measures for effecting their restoration." — 1836, p. 248. 11. Use and Obligation of the Standards. 1. That, in the opinion of this Assembly, Confessions of Faith, con- taining formulas of doctrine, and rules for conducting the discipline and worship proper to be maintained in the house of God, are not only recog- nized as necessary and expedient, but as the character of human nature is continually aiming at innovation, absolutely requisite to the settled peace of the Church, and to the happy and orderly existence of Christian communion. Within the limits of Christendom, few are to be found in the attitude of avowed hostility to Christianity. The name of Christian is claimed by all, and all are ready to profess their belief in the Holy Scriptures, too many reserving to themselves the right of putting upon them what construction they please. In such a state of things, without the aid of Confessions, Christian fellowship can exist only in a very lim- ited degree, and the disorder of the Corinthian Church, condemned by the Apostle, would be realized : " I am of Paul and I of Apollos." 2. That, though the Confession of Faith and standards of our Church are of no original authority, independent of the Scriptures, yet we regard them as a summary of those divine truths which are diffused throughout the sacred volume. They, as a system of doctrines, therefore, cannot be abandoned, in our opinion, without an abandonment of the word of God. They form a bond of fellowship in the faith of the Gospel, and the General Assembly cannot but believe the precious immortals under their care to be more safe in receiving the truth of God's holy word, as exhibited in the stand- ards of our Church, than in being subject to the guidance of any in- structor, whoever he may be, who may have confidence enough to set up his own opinions in opposition to the system of doctrines which men of sound learning, full of the Holy Ghost, and mighty in the Scriptures, have devised from the oracles of the living God. It should never be forgotten, that the Church is solemnly cautioned against the danger of being carried about by every wind of doctrine. 3. This Confession of Faith, adopted by our Church, contains a system of doctrines professedly believed by the people and the pastors under the care of the General Assembly, nor can it be traduced by any in the com- munion of our Church, without subjecting the erring parties to that salu- tary discipline which hath for its object the maintenance of the peace and puritv of the Church, under the government of her great Master. — 1824, p. 114. 12. Adoption of the Standards in every case required. The committee appointed on an overture respecting the consistency of admitting into this Church ministers who manifest a decided hostility to PRELIMINARY PRINCIPLES. 55 ecclesiastical creeds, confessions, and formularies, make the following re- port, which was adopted, viz. : 1. That the Constitution, as is well known, expressly requires of all candidates for admission, a solemn declaration that they sincerely receive and adopt the Confession of Faith of this Church, as containing the sys- tem of doctrine taught in the Holy Scriptures. 2. That the last Assembly, in a report of their committee, to be seen on the minutes, have so explicitly and fully declared the sentiments of this Church in regard to her ecclesiastical standards, and all within her communion who may traduce them, that no further expression of our views on this subject is deemed necessary. — 1825, p. 155. 13. The Catechisms an Integral Part of the Standards of the Church. a. The committee to whom was referred Overture No. 5, viz. : " On sub- scribing the Confession of Faith," made the following report, which was unanimously adopted, viz. : That, in their judgment, any further legislation on the subject by the Assembly would be unnecessary and inexpedient. They consider the formula contained in our book, and the rule adopted by the Assembly in 1830 — viz. : " That, in their judgment, every licentiate coming by certifi- cate to any Presbytery, in connection with the General Assembly, from any portion of a corresponding ecclesiastical body, should be required to answer in the affirmative, the constitutional questions directed by chapter fourteenth of our Form of Government, to be put to our candidates before they are licensed ; and that in like manner every ordained minister of the Gospel, coming from any church in correspondence with the General Assembly by certificate of dismission and recommendation, should be required to answer affirmatively the first seven questions directed by chapter fifteenth of our Form of Government, to be put to one of our own licentiates when about to be ordained to the sacred office" (p. 287, 1830) — sufficiently explicit; and would earnestly recommend these to the atten- tion of the Presbyteries under the care of the Assembly. b. As to the question submitted to them, " Whether the Catechisms, Larger and Shorter, are to be considered as a part of the Standards of our Church, and are comprehended in the words, Confession of Faith of this Church?" the committee feel no hesitation in answering that question in the affirmative. It does not appear that any doubts on that subject have ever been entertained until very recently. The committee find in the minutes of the old Synod, at the union of the Synod of Philadelphia with the Synod of New York, in 1758, that the first article of the Plan of Union contains the following words (Digest, p. 118), viz.: "Both Synods, having always approved and received the Westminster Confession of Faith and Larger and Shorter Catechisms as an orthodox and excel- lent system of Christian doctrine founded on the word of God, we do still receive the same as the Confession of our Faith ; and also the plan of worship, government, and discipline, contained in the Westminster Directory, strictly enjoining it on all our members and probationers for the ministry that they preach and teach according to the form of sound words in said Confession and Catechisms, and avoid and oppose all error contrary thereto." In the recital of the manner in which a Presbytery was received by the Synod of New York, 1763, we have the following record, which is contained in the Assembly's Digest, p. 50: "It was agreed to grant their request, provided that they agree to adopt our Westminster Confession of Faith and Catechisms, and engage to observe the Directory 56 FORM OF GOVERNMENT. as a plan of worship* discipline, and government, according to the agree- ment of this Synod." In 1788, in the Adopting Act of the Confession, as entered in the Di- gest, p. 124, the Catechisms are distinctly mentioned as a part of our standards. "They also took into consideration the Westminster Larger and Shorter Catechisms, and having made a small amendment of the Larger, did approve, and do hereby approve and ratify the said Cate- chisms as now agreed on, as the Catechisms of the Presbyterian Church in the said United States. And the Synod order that the said Directory and Catechisms be printed and bound up in the same volume with the Confession of Faith and the Form of Government and Discipline ; and that the whole be considered as the standard of our doctrine, govern- ment, discipline, and worship, agreeably to the resolutions of the Synod at their present sessions" — one of which resolutions was (p. 123), "that the Form of Government and Discipline, and the Confession of Faith, as now ratified, is to continue to be our constitution and the confession of our faith and practice unalterably, unless two-thirds of the Presbyteries under the care of the General Assembly shall propose alterations or amendments, and such alterations or amendments shall be agreed to and enacted by the General Assembly." Accordingly, in the Directory for the administration of baptism, the Larger and Shorter Catechisms of the Westminster Assembly are mentioned in connection with the Confession of Faith, as adopted by this Church, and are to be recommended as con- taining a summary of the principles of our holy religion, taught in the Scriptures of the Old and New Testament. The committee therefore recommend to the Assembly the adoption of the following resolutions, viz. : 1. Resolved by the Assembly, that in receiving and adopting the Con- fession of Faith, as containing the system of doctrine taught in the Holy Scriptures, the Larger and Shorter Catechisms of the Westminster As- sembly of Divines are included, and do constitute an integral part of the standards of this Church. 2. Resolved, That the use of the Catechisms in the religious instruction of the young and of the children under the care of the Church, be affec- tionately and earnestly recommended to the Sessions in connection with the General Assembly, as the most effectual means, under God, of pre- serving the purity, peace, and unity of our Church. — 1832, p. 371. c. Standard Copy of the Shorter Catechism. Resolved, That the Assembly approve the revised copy of the Shorter Catechism, with the Ten Commandments, the Lord's Prayer, and the Creed, presented by the Board of Publication, and hereby adopt the same as the standard edition of our Church. — 1872, p. 22. d. The " Heidelberg Catechism" Approved. The Resolutions reported by the Committee on the Heidelberg Cate- chism, were adopted, as follows, viz. : 1. Resolved, That this General Assembly recognizes, in the Heidelberg Catechism, a valuable scriptural compendium of Christian doctrine and duty. 2. Resolved, That if any churches desire to employ the Heidelberg Catechism in the instruction of their children, they may do so with the approbation of this Assembly. 3. Resolved, That this Assembly cordially rejoices at the continued and PRELIMINARY PRINCIPLES. 57 increasing evidences of agreement and union, among those whose symbols maintain in common the faith once delivered to the saints. — 1870, p. 120. e. Adoption of the Confession includes the Catechisms. When Ministers and other officers are ordained in the Presbyterian Church, and give an affirmative answer to the question : Do you sincerely receive and adopt the Confession of this Church as containing the system of doctrines taught in the Holy Scriptures? are such Ministers and officers to be understood as embracing and assenting to the doctrines, principles, precepts, and statements contained in the Larger and Shorter Catechisms, in the same unqualified sense in which they are understood to embrace and assent to the doctrines, principles, precepts, and statements contained in other parts of the Confession of Faith ? The committee recommend that the question be answered in the affirmative, and the recommendation was adopted. — 1848, p. 18, O. S. 14. Ministers who cannot adopt the Standards, not to be Received. On an overture from the Presbytery of Bethel relative to a Union with the Independent Presbyterian Church, the Assembly answers, " The privilege claimed by the Independent ministers, of holding and teaching doctrines not in harmony with the Confession of Faith, is a privilege, which, even if harmless in this particular case, might be abused as a precedent, and lead in other quarters and in other relations to serious mischief. The Assem- bly expresses the desire that these ministers may soon be able to embrace our standards, without reservation, and in that case the Presbytery of Bethel is hereby authorized to ratify the Union, without further application to this body; but in the event that the Independent ministers and churches cannot relinquish their peculiarities, with a good conscience, this Assembly will cherish them in the bonds of Christian love, but it cannot see its way clear to embrace them in the same Denomination." — 1857, p. 42, O. S. 15. Refusal to alter the Language of the Confession. Overture from Rev. Sayres Gazley in relation to changes in the lan- guage of our Confession of Faith, regarding the doctrine of the Trinity, and other doctrines. The Committee recommend as an answer, that no change in the lan- guage of the Confession, respecting the points suggested, is desirable, or consistent with the word of God. Adopted unanimously. — 1859, p. 532, O. S. RELATION OF THE ASSEMBLIES, 0. S. AND N. S., PREVIOUS TO RE- UNION. 16. Committee of Correspondence Appointed. a. The Committee on Bills and Overtures reported an overture in these words : "Resolved, That a proposal be made to the General Assembly of the Presbyterian Church, now holding its sessions in the city of Pittsburg, to institute fraternal correspondence by the interchange of delegates." — 1849, p. 174, N. S. The unfinished business of yesterday, viz., the indefinite postpone- ment of the notice to send delegates to the Assembly at Pittsburg, was re- sumed. The motion to postpone was lost. The Rev. G. R. H. Shumway then moved to refer the whole subject to a special committee of five, to report to the next General Assembly, 58 FOKM OF GOVERNMENT. which was carried, and Rev. Thomas Brainerd, D. D., Re\ James G. Hamner, D. D., Rev. Henry G. Ludlow, and Messrs. Ambrose White and Frederick A. Raybold were appointed. — 1849, p. 175, N. S. The Result b. A letter was received from the Rev. Thomas Brainerd, D. D., chairman of the committee appointed by the last Assembly, to correspond with a committee of the other General Assembly of the Presbyterian Church, if such should be appointed, stating that " as no corresponding committee was appointed by our brethren of the Assembly which met in Pittsburg last year, no opportunity has been had to carry out the fra- ternal and Christian spirit of our Assembly." The committee were thereupon discharged. — 1850, p. 306, N. S. 17. In answer to overtures for a Reunion, the Assembly, O S., reply— An overture from the Presbytery of Rochester, asking this Assembly to adopt some measures to effect a union between the two branches of the Presbyterian Church — This Assembly having in former years (see Minutes of 1838, pp. 35 and 36, and Minutes of 1842, p. 32) fully declared that it was not its in- tention "to cause any sound Presbyterian to be permanently separated from our connection," and having provided a mode of return to our body (see Minute of 1838, p. 36) on principles which have seemed adapted to preserve the purity and peace of our Churches, consider it inexpedient to take any further action on the subject at this time. Yet the Assembly would reiterate its desire to see all sound Presbyterians reunited in one com- munion, according to the doctrine and polity of our standards, and would affectionately invite all such to seek this union in the ways that are now open to them.— 1850, p. 467, O. S. 18. In answer to overtures for a Reunion, the Assembly, N. S., reply — The report of the Committee on the union of the tw T o branches of the Presbyterian Church, w r as taken from the docket, considered, adopted, and is as follows : Resolved, 1. That the temper of these overtures meets the hearty ap- proval of the Assembly, entirely accordant, as it is, with that spirit of brotherly affection toward other denominations, and of co-operation in matters of common interest, which has marked our whole history. Resolved, 2. That while we have ever regretted the divisive acts of 1837, deeming them at variance alike with the Constitution of our Church and the word of God, we have never cherished an unkind or exacting spirit; as has been evinced in various ways, particularly in the proposal, made by us some years since, to gather with our brethren of the other Assembly, around the table of our common Lord. Resolved, 3. That it would give us pleasure to unite, in the closest fel- lowship, with all persons who can stand with us on the basis of our Con- fession of Faith and Book of Discipline; and who substantially agree with us on the great moral questions of the day — in the matter, especially, of loyalty to the Government, and in the views of Slavery set forth, prior to the division, in the deliverance of 1818. Resolved, 4. That, while we bear in remembrance the prayer of our Lord, that his disciples may be one, and while we can see some special advantages to be derived from a reunion of the two branches of the Pres- byterian Church ; we do not perceive, that, beyond the preceding declara- PRELIMINARY PRINCIPLES. 59 tion of our views, anything remains for us, at the present, but to await humblv and teachably the movements of Divine Providence. — 1862, p. 38, N. a 19. Initiation of Correspondence between the Assemblies. a. In the General Assembly of the Presbyterian Church in the United States of America, in session at Columbus, Ohio, the matter of a fraternal correspondence by commissioners, with the General Assembly of the Pres- byterian Church (New-school), in session at Cincinnati, Ohio, being duly considered, is decided as follows : This Assembly having considered certain overtures sent to it by a few of the Presbyteries under its care, proposing that steps should be taken by it towards an organic union between this Church and the Church under the care of the Presbyterian General Assembly (New-school) ; and having determined against the course proposed in said overtures, has also been informed that the other General Assembly has, about the same time, come to a similar conclusion on similar overtures laid before it by a cer- tain number of its own Presbyteries. Of its own motion, this General Assembly, considering the time to have come for it to take the initiative in securing a better understanding of the relations which it judges are proper to be maintained between the two General Assemblies, hereby pro- poses that there shall be a stated, annual, and friendly interchange of commissioners between the two General Assemblies ; each body sending to the other one minister and one ruling elder, as commissioners, year by year ; the said commissioners to enjoy such privileges, in each body to which they are sent, as are common to all those now received by this body from other Christian denominations. The Moderator of this Assembly will communicate this Deliverance to the Moderator of the other Assembly, to be laid before it with our Chris- tian salutations. — 1862, pp. 633, 634, O. S. [This action was communicated to the Assembly, N. S., of 1863, whose response was as follows.] b. The Committee, to whom was referred the communication from the General Assembly of the Presbyterian Church in the United States of America, that met at Columbus, Ohio, in May, 1862, addressed to this General Assembly, and proposing "a stated, annual, and friendly inter- change of Commissioners between the two General Assemblies," recom- mend the adoption of the following resolutions : Resolved, 1. That this Assembly, with heartfelt pleasure and Christian salutations, accept the proposition thus made, hoping and praying, that it may result "in securing a better understanding of the relations," which, in the judgment of this Assembly, "are proper to be maintained between the two Assemblies." 2. That, in accordance with the suggestion of the Moderator of the Assembly that met at Columbus, Ohio, in May, 1862, that this inter- change of Commissioners should commence at the earliest practicable period, the Rev. Robert W, Patterson, D. D., and the Hon. William H. Brown, Principals, and the Rev. Arthur Swazey and Mr. Oliver H. Lee, Alternates, all of the Presbytery of Chicago, be appointed Commission- ers to represent this General Assembly in the General Assembly now in session at Peoria, 111. 3. That it be suggested that future General Assemblies of the two branches of the Presbyterian Church in the United States, hereafter, designate each other respectively by the places in which their sessions are appointed to be held. 60 FOBM OF GOVEKNMENT. 4. That a certified copy of this action be at once transmitted to the Moderator of the General Assembly now in session at Peoria, 111., and that the Commissioners appointed be requested to repair to that body, and express to them the fraternal and Christian regards of this General Assembly.— 1863, p. 230, N. S. 20. Action of the O. S. looking- to Reunion.— Committee appointed. a. The Committee of Bills and Overtures report Overture No. 10, on the subject of the reunion of the two branches of the Presbyterian Church, from the Presbyteries of Leavenworth, Muncie, New Lisbon, Madison, Erie, and Oxford. These Presbyteries ask the Assembly to take measures at this session to secure, at an early day, the organic union of the two bodies whose General Assemblies are now in session in this city. The Committee recommend the adoption of the following resolutions : Resolved, 1. That this Assembly expresses its fraternal affection for the other branch of the Presbyterian Church, and its earnest desire for re- union at the earliest time consistent with agreement in doctrine, order, and polity, on the basis of our common standards, and the prevalence of mu- tual confidence and love which are necessary to a happy union, and to the permanent peace and prosperity of the united Church. Resolved, 2. That it be recommended to all our churches and church courts, and to all our ministers, ruling elders, and communicants, to cher- ish fraternal feelings, to cultivate Christian intercourse, in the worship of God and in the promotion of the cause of Christ, and to avoid all need- less controversies and competitions adapted to perpetuate division 'and strife. Resolved, 3. That a Committee of nine ministers and six ruling elders be appointed, provided that a similar Committee shall be appointed by the other Assembly now in session in this city, for the purpose of conferring in regard to the desirableness and practicability of reunion, and if, after conference and inquiry, such reunion shall seem to be desirable and prac- ticable, to suggest suitable measures for its accomplishment, and report to the next General Assembly. — 1866, p. 44, O. S. b. Response of the N. S. Committee appointed. The Committee on the Polity of the Church reported on several over- tures relating to Reunion with the Other Branch of the Presbyterian Church. The report was unanimously adopted, and is as follows : The Committee on the Polity of the Church report overtures, numbered 5 to 16, on the subject of the Reunion of the two branches of the Presby- terian Church : from the Presbyteries of New York, 3d, and New York, 4th, Newark, Dubuque, Greencastle, Alton, Steuben, Athens, Monroe, Keokuk, Long Island, Trumbull, and San Jose. All these Presbyteries, with dif- ferent degrees of urgency, recommend to this Assembly to initiate, or to respond to, proposals looking to an entire Reunion of the churches repre- sented by the two General Assemblies now in session in the city of St. Louis. The General Assembly now in session at the Second Presbyterian Church of this city has also adopted resolutions, appointing a Committee to confer with a similar Committee of our own Church in regard to the desirableness and practicability of such Reunion. Your Committee recommend to this Assembly the adoption of the fol- lowing resolutions : Resolved, That this Assembly tender to the Assembly, representing the Other Branch of the Presbyterian Church, its cordial Christian saluta- PEELIMIXAEY PRINCIPLES. 61 tions and fellowship, and the expression of its earnest wish for Reunion, on the basis of our common standards, received in a common spirit. Resolved, That a committee of fifteen, nine of whom shall be Ministers of the Gospel, and six Ruling Elders, be appointed to confer on this sub- ject, in the recess of the Assemblies, with the Committee to be appointed by the other General Assembly, and to report the results to the next Gen- eral Assembly. Resolved, That we enjoin upon this Committee, and upon all our ministers and church members, to abstain from whatever may hinder a true Chris- tian fellowship, and to cherish and cultivate those feelings and purposes which look to the peace and prosperity of Zion, the edifying of the body of Christ, and the complete union of all believers, especially of those who live in the same land, and have the same history, and the same standards of Doctrine and Polity. Resolved, That a copy of these resolutions, with the names of our Com- mittee, be sent to the other General Assembly now in session in this citv. —1866, pp. 273, 274, N. S. [Under these Resolutions the following Committees were appointed, viz. : of the Old School.] Ministers.— J. M. Krebs, D. D., of the Svnod of New York, C. C. Beatty, D. D., of the Synod of Wheeling, J. T. Backus, D. D., of the Svnod of Albanv, P. D. Gurlev, D. D., of the Svnod of Baltimore, J. G. Monfort, D. D., of the Synod of Cincinnati, W. D. Howard, D. D., of the Synod of Pittsburg, W. E. Schenck, D. D., of the Synod of Philadelphia, Villeroy D. Reed, D. D., of the Synod of New Jersey, F. T. Brown, D. D., of the Synod of Chicago. Ruling Elders. — James M. Ray, of the Synod of Northern Indiana, Robert McKnight, of the Synod of Allegheny. Samuel Galloway, of the Synod of Ohio, H. K. Clarke, of the Synod of Sanduskv, George P. Strong, of the Svnod of Missouri, Ormond Beattv, of the Svnod of Kentucky— 1866, p. 48, O. S. [Of the New School.] Thomas Brainerd, D. D., Chairman, William Adams, D. D., Edwin F. Hatfield, D. D., Jonathan F. Stearns, D. D., Philemon H. Fowler, D. D., James B. Shaw, D. D., Henry L. Hitchcock, D. D., Robert W. Patterson, D. D., and Henry A. Nelson, D. D., with Ruling Elders — Joseph Allison, LL. D., Henry W. Williams, LL.D., and Messrs. Truman P. Handy, Edward A. Lambert, Robert W. Steele, and William H. Brown. — 1866, p. 278, N. S. . [The joint committee thus constituted, reported to the Assemblies of 1867, as follows :] REPORT OF THE COMMITTEE ON THE REUNION OF THE PRES- BYTERIAN CHURCH. The Committee appointed by the last General Assembly to confer with a similar Committee of the other Assembly, on the desirableness and prac- ticability of reuniting the bodies which they severally represent, would respectfully report : That in the discharge of the duty assigued them, the two Committees assembled in the city of New York on Wednesday, February 20th, 1867, and after organizing in their respective places of appointment, met in joint s^sion for conference and prayer. These meetings continued to a late hour on Friday evening, February 22d, when the Committees ad- journed, to meet again in the same city, on the first day of May. Re- assembling at that time, they continued their conferences till Tuesday. May 7th, when they finally adjourned. 62 FORM OF GOVERNMENT. The circumstances in which the Committees held their first meeting were so peculiar as to demand a special mention, as they were fitted to produce an unusual sobriety. The chairmen of both Committees, as originally constituted, were ab- sent. One, Rev. Dr. Brainerd, had been translated to that world where all the distinctions of Christian discipleship which exist on the earth are lost in the harmony of heaven. The other, Rev. Dr. Krebs, was disabled, by severe illness, from all participation in our conferences, waiting for that change to come which will unite him to the great company of Chris- tian ministers in the kingdom of Gocl. All the meetings of the Committees were distinguished by a degree of courtesy and unanimity which was more than common. Composed of men of decided individuality, representing divers interests and sections, they have discussed every question — many of them of admitted delicacy and difficulty — with the utmost frankness, without one word or expression of any kind ever to be regretted by Christian brethren who felt the grave responsibilities of their position. The result of their conferences is contained in the following document, adopted in joint Committee with remarkable unanimity. PROPOSED TERMS OF REUNION BETWEEN THE TWO BRANCHES OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. The Joint Committee of the two General Assemblies of the Presby- terian Church, appointed for the purpose of conferring on the desirable- ness and practicability of uniting these two bodies, deeply impressed with the responsibility of the work assigned us, and having earnestly sought Divine guidance and patiently devoted ourselves to the investigation of the questions involved, agree in presenting the following for the consid- eration, and, if they see fit, for the adoption of the two General Assem- blies. Believing that the interests of the Redeemer's kingdom would be pro- moted by healing our divisions ; that practical union would greatly aug- ment the efficiency of the whole Church for the accomplishment of its divinely-appointed work ; that the main causes producing division have either wholly passed away or become in a great degree inoperative ; and that two bodies, bearing the same name, adopting the same Constitution, and claiming the same corporate rights, cannot be justified by any but the most imperative reasons in maintaining separate and, in some respects, rival organizations ; and regarding it as both just and proper that a Re- union should be effected by the two Churches as independent bodies, and on equal terms ; we propose the following Terms and Recommendations, as suited to meet the demands of the case. 1. The Reunion shall be effected on the doctrinal and ecclesiastical basis of our common standards. The Confession of Faith shall continue to be sincerely received and adopted " as containing the system of doc- trine taught in the Holy Scriptures ;" and its fair historical sense, as it is accepted by the two bodies, in opposition to Antinomianism and Fatalism on the one hand, and to Arminianism and Pelagianism on the other, shall be regarded as the sense in which it is received and adopted ; and the government and discipline of the Presbyterian Church in the United States shall continue to be approved as containing the principles and rules of our polity. 2. All the ministers and churches embraced in the tw 7 o bodies shall be PRELIMINARY PRINCIPLES. 63 admitted to the same standing in the united body which they may hold in their respective connections up to the consummation of the union ; and all the churches connected with the united body, not thoroughly Presby- terian in their organization, shall be advised to perfect their organization as soon as is permitted by the highest interests to be consulted ; no other such churches shall be received; and such persons alone shall be chosen Commissioners to the General Assembly as are eligible according to the Constitution of the Church. 3. The boundaries of the several Presbyteries and Synods shall be ad- justed by the General Assembly of the united Church. 4. The official Records of the two branches of the Church for the period of separation shall be preserved and held as making up the one history of the Church ; and no rule or precedent, which does not stand approved by both the bodies, shall be of any authority until re-established in the united body. 5. The corporate rights, now held by the two General Assemblies and by their Boards and Committees, shall, as far as practicable, be consol- idated and applied for their several objects as defined by law. 6. There shall be one set of Committees or Boards for Home and For- eign Missions, and the other religious enterprises of the Church, which the churches shall be encouraged to sustain, though left free to cast their contributions into other channels if they desire to do so. 7. As soon as practicable, after the union shall be effected, the General Assembly shall reconstruct and consolidate the several Permanent Com- mittees and Boards which now belong to the two Assemblies, in such a manner as to represent, as far as possible, with impartiality, the views and wishes of the two bodies constituting the united Church. 8. When it shall be ascertained that the requisite number of Presby- teries of the two bodies have approved the terms of union, as hereinafter provided for, the two General Assemblies shall each appoint a Committee of Seven, none of them having an official relation to either the Board or the Committee of Publication, who shall constitute a joint Committee, whose duty it shall be to revise the Catalogues of the existing publica- tions of the two Churches, and to make out a list from them of such books and tracts as shall be issued by the united Church ; and any cata- logue thus made out, in order to its adoption, shall be approved by at least five members of each Committee. 9. If, at any time after the union has been effected, any of the theo- logical seminaries, under the care and control of the General Assembly, shall desire to put themselves under Synodical control, they shall be per- mitted to do so at the request of their Boards of Direction ; and those seminaries which are independent in their organization, shall have the privilege of putting themselves under ecclesiastical control, to the end that, if practicable, a system of ecclesiastical supervision of such institu- tions may ultimately prevail through the entire united Church. 10. It shall be regarded as the duty of all our judicatories, ministers, and people in the united Church, to study the things which make for peace, and to guard against all needless and offensive references to the causes that have divided us ; and in order to avoid the revival of past is- sues by the continuance of any usage in either branch of the Church, that has grown out of our former conflicts, it is earnestly recommended to the lower judicatories of the Church, that they conform their practice in relation to all such usages, as far as consistent with their convictions of duty, to the general custom of the church prior to the controversies that resulted in the separation. * 64 FORM OF GOVERNMENT. 11. The terms of the reunion shall be of binding force, if they shall be ratified by three-fourths of the Presbyteries connected with each branch of the Church within one year after they shall have been submitted to them for approval. 12. The terms of the reunion shall be published by direction of the General Assemblies of 1867, for the deliberate examination of both branches of the Church, and the Joint Committee shall report to the General Assemblies of 1868 any modification of them they may deem de- sirable, in view of any new light that may have been received during the year. 13. It is recommended that the Hod. Daniel Haines and the Hon. Henry W. Green, LL. D., of New Jersey, Dakiel Lord, LL. D., and Theodore W. Dwight, LL. D., of New York, and Hon. William Strong and Hon. George Sharswood, LL. D., of Pennsylvania, be ap- pointed by the General Assemblies a Committee to investigate all ques- tions of property and of vested rights as they may stand related to the matter of reunion, and this Committee shall report to the Joint Commit- tee as early as the first of January, 1868. 14. It is evident that, in order to adapt our ecclesiastical system to the necessities and circumstances of the united Church as a greatly enlarged and widely-extended body, some changes in the Constitution will be re- quired. The Joint Committee, therefore, request the two General Assem- blies to instruct them in regard to the preparation of an additional article on this subject, to be reported to the Assemblies of 1868. Signed by order of the Joint Committee, Charles C. Beatty, Chairman. Edwin F. Hatfield, Secretary. New York, May 7th, 1867. Leaving their report with the General Assemblies, and the ministers and churches of our denomination throughout the land, your Committee cannot disregard the Providential auspices under which their recommen- dations await decision. The present is thought to be a favorable time, now that many questions of former controversy have lost their interest, for adopting a magnanimous policy, suited to the necessities of our country and the world. The Presbyterian Church has a history of great renown. It has been intimately associated with civil and religious liberty in both hemispheres. Its republican and representative character, the parity of its clergy, the simplicity of its order, the equity of its administration, its sympathy with our institutions, its ardent patriotism in all stages of our history, its flex- ible adaptations to our heterogeneous population, its liberal support of schools, colleges, and seminaries designed for general education and the- ological culture, its firm and steadfast faith in the extension of the Re- deemer's kingdom, and this by means of revealed truth and the special effusions of the Holy Spirit, in distinction from all trust in human arts and devices all unite to promise, if we are wise and faithful, a future for the Presbyterian Church in these United States greater and better than all the past. Amid all the changes which have occurred around us, we are confident that nothing true and good will ever recede or decay ; and it becomes all those who love the same faith, order, and worship, abound- ing in love and hope, to pray that God would " count them worthy of their calling, that they may fulfill all the good pleasure of His goodness and the work of faith with power, that the name of our Lord Jesus PRELIMINARY PRINCIPLES. 6-5 Christ may be glorified in them and they in him, according to the grace of our Lord Jesus Christ." Signed by order of the Committee. Charles C. Beatty, Chairman. William Adams, Chairman. New York, May 7, 1867. 1867, pp. 387-390, O. S. 1867, pp. 480-484, N. S. 23. In the respective Assemblies of 1867 action was taken upon tbe above report as follows, viz. : a. 1. Resolved, That this Assembly has listened with grateful and pro* found satisfaction to the report of the Committee on Church Reunion, and recognizes in the unanimity of the Joint Committee the finger of God as pointing toward an early and cordial reunion of the two sister Churches now so long separated. 2. Resolved, That said Committee be continued and directed to co-oper- ate with any similar Committee of the other branch in furtherance of this object, and to report thereon to the next General Assembly. 3. Resolved, That the Committee be empowered to fill all vacancies that may occur in their body during the coming year, whether by resignation, protracted sickness, or by death. 4. Resolved, That the necessary expenses incurred by this Committee, in the discharge of the duties assigned them, be paid from the profits on the sale of books by the Board of Publication. 5. Resolved, That the Report of the Committee be published in the Appendix to the Minutes, and in our religious newspapers, and commend- ed to the careful consideration of our whole Church, and that the Com- mittee be- directed to report to the next General Assembly any modifica- tion of the terms of reunion specified therein, which may appear desirable to the Joint Committee, in view of any further light that may have been received during the year. 6. Resolved, That the Hon. Daniel Haines, and the Hon. Henry W. Green, LL. D., of New Jersey, Daniel Lord, LL. D., and Theodore Dvvight, LL. D., of New York, and the Hon. Wm. Strong, and the Hon. Geo. Sharswood, LL. D., of Pennsylvania, be appointed a Committee to inves- tigate all questions of property and of vested rights as they may stand related to the matter of reunion ; and that this Committee be requested to report to the Joint Committee as early as January 1, 1868 ; and that our share of the necessary expenses incurred by this Committee be also paid by our Board of Publication from the profits on its book-sales. 7. Resolved, That in submitting the Report of the Committee on Re- union to the consideration of the Churches and Presbyteries, the Assem- bly is not called upon at this time to express either approbation or dis- approbation of the terms of reunion presented by the Committee in its details, but only to afford the Church a full opportunity to examine the subject in the light of all its advantages and difficulties, so that the Com- mittee may have the benefit of any suggestions which may be offered, be- fore making a final report for the action of the next Assembly. On motion of Rev. P. D. Young, the Moderator was requested to ap- point a member of the Reunion Committee of Fifteen to fill the virtual vacancy occasioned by the illness of the Rev. John M. Krebs, D. D. In accordance with this request, the Moderator appointed the Rev. J. E. Rockwell, D. D., of the Synod of New York.— 1867, p. 362, O. S. b. The Committee, to whom was referred the Report of the Special Committee, appointed by the last General Assembly to confer with a sim- 66 FORM OF GOVERNMENT. ilar Committee on the desirableness and practicability of reuniting the bodies which they severally represent, would respectfully report : That they have given the document committed to them a careful con- sideration, in view of its grave importance, and the manifold interests it involves in its relations to our own Church and the progress of the King- dom of Christ in the earth. It presents a basis for the proposed Reunion, which, if the two Assemblies so order, is to be submitted to the deliberate examination of both Branches of the Church for one year, subject to such modifications as may appear necessary or desirable within that pe- riod. It leaves the General Assemblies of 1868 free to act with reference to these terms of Reunion, in whole or in part, as providential signs may indicate; and, if advisable, to submit them to the constitutional and final action of the Presbyteries. Ample opportunity is thus afforded for a full and deliberate consideration of the whole subject, in all its bearings, as they shall affect local interests or the well-being of the entire Church. For this and kindred reasons, your Committee conclude it was not the intention of this body, in referring to them this proposed basis of Reunion, that its several articles should be discussed at this time and place ; and yet they cannot withhold their conviction, expressed in these general terms, that results have already been reached full of promise and hope ; that, whatever concessions have been made, they only indicate how near the two parts of the divided Church have approached each other ; that nothing more and nothing less than Christian charity would dictate has been yielded ; and that, in the adjustment of any difficulties or differ- ences, a proper regard has been preserved for the honor and rights of the respective bodies, to which the work of their Joint Committee is now sub- mitted. The remarkable unanimity with which these initiatory proceed- ings have been concluded, after a thorough and frank discussion of the basis of Union, is full of encouragement ; and whatever may be the ulti- mate result, much has already been accomplished for the healing of our divisions, and the promotion of peace and good-will in the Presbyterian body. Impressed with these considerations, and gratefully recognizing therein the guiding providence of God in the successive stages of this work of concord, and especially in the spirit of wisdom and love given to His ser- vants in their several conferences, we do recommend, that this Assembly approve of the whole action of its Special Committee as declared in their Report, and that the same Committee be continued for the purposes for which it was constituted. There is a single point on which the Joint Committee ask instructions from the two General Assemblies. It relates to the changes in represen- tation, etc., which will be required to adapt our ecclesiastical system to the necessities and circumstances of the united Church. We would rec- ommend, that it be left to the Joint Committee to examine carefully the whole subject, and suggest such changes in the Constitution as in their wisdom they may deem requisite. It is further recommended, that the report of the Joint Committee be published under the authority of the General Assembly, for general dis- tribution among our ministers and churches. It is also recommended, that the Assembly appoint the several gentle- men designated by the Joint Committee as legal advisers, and that, in case of the inability of any one of them to serve, the Committee have power to fill his place. It is indicative, we would believe, of the temper of this Assembly, the largest during our history of thirty years since the separation, that your PRELIMINARY PRINCIPLED. 67 Committee, though representing the extremes of our territory, and even the lingering memories of the conflict which culminated in the division, are of one mind in desiring the speedy and permanent Reunion of our beloved Church. It is but reasonable to anticipate, that the same spirit will characterize the action of the other Assembly, in the recollection of the fraternal, not to say magnanimous, advances made one year ago, and which gave rise to present measures for Reunion, and the hope increas- ingly and fondly cherished in the great Presbyterian household. Other members of that renowned family, than those represented in the two As- semblies now in session, at home and across the sea, are stirred in sym- pathy at the goodly prospect. The friends of Christian Union every- where claim an interest in the completion of our work, so happily begun. as another sign of the predicted day when all Christ's people shall be one. keeping the unity of the Spirit in the bond of peace. — 1867, pp. 485. 486, N. S. [The Committee was continued, and in 1868 presented the following.] REPORT OF THE COMMITTEE ON REUNION. The Committee appointed by the General Assembly of 1866 to confer with a similar Committee of the other Assembly, in regard to the Re- union of the two Branches of the Presbyterian Church ; and continued by the Assembly of 1867, with directions and instructions to co-operate with the other Committee in furtherance of the object, and "report to the General Assemblies of 1868 any modification of the terms of Union which might seem desirable to the Joint Committee, in view of any new light that may have been received during the year" — would now respectfully report : That the two Committees again assembled in joint meeting, in the city of Philadelphia, on Wednesday A. M., the 11th of March, 1868, and con- tinued in conference, reviewing the terms of Union, with the further light which they had received, till Saturday afternoon the 14th, when, having finished the important business with which they were intrusted, they finally adjourned. Every member of these large Committees was present with the ex- ception of Rev. Dr. Hitchcock, of Ohio, absent in Europe, Rev. Dr. Howard, of Pennsylvania, detained by severe illness, and Judge Strong, of Missouri, prevented by unavoidable professional engagements. Rev Dr. Patterson, of Illinois, arrived from a foreign voyage, after a long ab sence, in season to meet the Committee ; but feeling himself obliged to leave for home on Thursday afternoon, did not participate in the final action. This large and patient attendance was a new indication of the deep interest, which is felt throughout the country in the subject under consideration, and also of the profound sense of responsibility on the part of the several members of the Joint Committee, charged to take action in a matter, which must affect extensively and permanently the interests of our country and the kingdom of our Lord Jesus Christ. To our regret, the report expected from the Legal Advisers appointed to investigate questions of property and vested rights was not received, owing to the death of Mr. Daniel Lord, and the fact that Judges Strong and Sharswood had declined to act in the premises, because of their pres- ent official position on the Bench. After filling a vacancy by the appoint- ment of Hon. William A. Porter, of Philadelphia, we requested the Legal Committee to meet as soon as practicable and prepare their report, i 'hich will be submitted bv them directly to the Assemblies. 68 FORM OF GOVERNMENT. To affir n that all the meetings of the Joint Committee were distin- guished, as heretofore, by Christian courtesy and kindness, would be but a faint expression of the truth. This sentiment of fraternal confidence and regard assumed such forms of expression, that all who participated in the conference will be sure to remember it, as one of the greatest and happiest privileges of their lives. This kindness of feeling, however, did not repress or modify the utmost frankness in the statement of difficulties, real and alleged, on either side. It ought to be stated distinctly, in justice to all the many interests and sections represented by these Committees, that there was not the least reserve in the expression of the objections, which had been urged in any quarter, against the proposed reunion. So frank and explicit was this utterance, that at times it appeared as if hon- est differences of opinion would render success uncertain. But the effect of continued and candid conference was the increase of confidence, through the correction of misapprehensions and the removal of obstacles, so that the very clouds, which threatened to obscure the light, arranged them- selves at last so as to reflect and increase what they could not hide. The prayers of many churches and Conventions, in different parts of the coun- try, known to the Committee to be ascending to God in their behalf, were abundantly answered in the entire harmony and unanimity to which they eventually attained. By this unanimity it is not meant, that in every article and act of the Committee the preferences of each member were fully met ; but that all were finally agreed, that the basis of Union now to be reported was, in the circumstances, the best that could be framed in the way of adjusting divers conflicting views and interests; and as such it was adopted in the final vote, with entire unanimity, pledges of cordial support, and sincere thanks to Almighty God. Your Committee are fully persuaded that, if the ministers, elders, and members of both branches of the Church had been present at our recent conferences, seen what we saw, and heard what we heard, they would heartily join in the result which was reached by their representatives. With this belief the Committee have judged it expedient and proper, to accompany their report with such explanatory words, as may serve to convey to others the facts and motives which proved of such weight to themselves. Your Committee were not at liberty to forget or overlook the premises upon which they received their appointment. The Resolution of the Gen- eral Assembly (O. S.) in which this movement originated, expressed the "earnest desire" of that body for reunion at the earliest time consistent with agreement in doctrine, order, and polity, on the basis of our common standards and the prevalence of mutual confidence and love. The Gen- eral Assembly (N. S.), in responding to this action by a similar vote, expressed " its earnest wish for reunion " on a similar basis. This earnest desire for union, as confessed by both bodies, is a fact which antedates the appointment of your Committee. They were not commissioned to inquire whether it existed, or to take measures to excite and promote it. The existence of this acknowledged sentiment was the basis upon which the two Committees were appointed. These premises assumed, the position occupied by the Joint Committee, and the point or view from which they should survey their work, were already decided by both Assemblies. The desirableness of reunion, if it can be consummated on satisfactory terms, is not to be treated and put aside as a blind and imbecile impulse ; it is the act and expression of Christian wisdom. The movement, thus inaugurated and advanced, was not made necessary by the condition or PRELIMINARY PRINCIPLES. 69 prospects of either of the bodies now in conference. Each is thoroughly organized, equipped, and prosperous. Neither needs the accession of the other for its own sake merel}\ The motives which impel to union are higher and greater than any which pertain to denominational advantage. They relate to the welfare of the whole country, and the kingdom of our Lord in all the earth. On this high ground, chosen for them in the prov- idence of God, by the action of both Assemblies, the two Committees took their stand, inclined in advance, when any concessions were to be made, that the lesser preference should defer to the greater and the stronger. The changes which hav« occurred in our own country and throughout the world, during the last thirty years — the period of our separation*— ar- rest and compel attention. Within this time the original number of our States has been very nearly doubled. It was in the year 1837 that what is now the great and prosperous State of Michigan was admitted into the Union. Florida, Texas, Wisconsin, Iowa, California, Minnesota, Oregon, Kansas, Nevada, Nebraska, have followed in rapid succession ; with nu- merous territories already organized, soon to take their places in the Na- tional Union. And all this vast domain is to be supplied with the means of education and the institutions of religion, as the only source and pro- tection of our national life. The population crowding into this immense area is heterogeneous. Six millions of emigrants, representing various religions and nationalities, have arrived on our shores within the last thirty years ; and four millions of slaves, recently enfranchised, demand Christian education. It is no secret that anti-Christian forces — Roman- ism, Ecclesiasticism, Rationalism, Infidelity, Materialism, and Paganism itself — assuming new vitality, are struggling for the ascendency. Chris- tian forces should be combined and deployed, according to the new move- ments of their adversaries. It is no time for small and weak detachments which may easily be defeated in detail. A lesson has been given us in recent years, as to the ease with which diversities of sentiment may be harmonized and combined in one purpose to maintain the national life. The time has come when minor motives should be merged in the mag- nanimous purpose, inspired both by patriotism and religion, to Christian- ize the whole country. The necessity of a closer union among Christians of a common faith and order has come to be felt in a new sense, by the members of our sev- eral churches. It cannot be denied, that there exists a widespread and earnest longing for more of visible unity among all classes of Christian people. This is especially noticeable among the most intelligent, active, and generous in our connection. Responding to the teachings and chal- lenges of the pulpit, the laity in our large cities and towns have entered upon a new stage of Christian activity, demonstrating the possibility of practical union in the stewardship of Christ. In many quarters there is an evident increase of evangelic life and energy. With these facts well authenticated before them, your Committee feel that, should the elements now stirred and converging toward union be diverted and repelled from their object, the effect would be most disastrous on the prospects of true religion. If the hearts of Christian people, combined already throughout the land in Christian work, should be disappointed as to that organic union which they crave, and this, through differences asserted by the clergy, which the laity either do not understand or with which they have no sym- pathy, the certain effect will be to lessen the sentiment of respect and con- fidence on their part toward their appointed leaders, and weaken the force of paramount motives. Nor is the proposed union desirable on our own account only. It ia 70 FORM OF GOVERNMENT. inevitable that its effects should be felt throughout the whole of Christen- dom. Many of the ecclesiastical organizations of Protestant Europe had their origin in remote controversies connected with the Reformation. That was a time for the assertion of truth, rather than for the expression of love. It was not so much a season for extending Christianity as for purifying and preparing it for future aggression. If we must judge now, that segregation was then carried to an extreme beyond what was required by necessity and Christian charity, surely we possess peculiar advantages in this country and age, for availing ourselves of a wiser and happier policy. Nothing is so long-lived and inveterate as ancestral memories and prejudices. Before the world we are now engaged, as a nation, in solving the problem whether it is possible for all the incongruous and antagonistic nationalities thrown upon our shores, exerting their mutual attraction and repulsion, to become fused in one new American sentiment. If the several branches of the Presbyterian Church in this country, rep- resenting to a great degree ancestral differences, should become cordially united, it must have not only a direct effect upon the question of our national unity, but reacting by the force of a successful example on the Old World, must render aid in that direction, to all who are striving to reconsider and readjust those combinations, which had their origin either in the faults or the necessities of a remote past. The results of our present movement are eagerly observed by many, and its success or fail- ure must inevitably affect other efforts, at home and abroad, looking to the consolidation of other branches of the Christian Church ; nor can we doubt that, if any hindrance should frustrate the consummation of that union now contemplated by ourselves, a pang of grief and disappoint- ment would be felt not only in our own country, but throughout Protest- ant Christendom. The third of a century, the life of a whole generation, has indeed wrought wondrous changes, of the greatest promise for the future. An- other order of things exists. Old causes of irritation are removed. A new generation in the ministry and the membership of the Church has arisen, with little sympathy for those controversies that resulted in division. A new evangelic spirit is abroad, like the breath of Spring, inviting to a new style of action. It would have betrayed a criminal temper, on the part of your Com- mittee, had they been indifferent to those events and sentiments to which they owe their own appointment, and under the influence of which they addressed themselves honestly, patiently, and prayerfully to the duty assigned to them. The result of their deliberation is embodied in the following document, which they now submit for the consideration of the Assemblies : — PROPOSED TERMS OF REUNION BETWEEN THE TWO BRANCHES OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. The Joint Committee of the two General Assemblies of the Presby- terian Church, appointed for the purpose, of conferring on the desirable- ness and practicability of uniting these two bodies, deeply impressed with the responsibility of the work assigned us, and having earnestly sought Divine guidance, and patiently devoted ourselves to the investigation of the questions involved, agree in presenting the following for the considera- tion, and, if they see fit, for the adoption, of the two General Assemblies. Believing, that the interests of the Redeemer's kingdom would be PRELIMINARY PRINCIPLES. 71 promoted by healing our divisions; that practical union would greatly augment the efficiency of the whole Church for the accomplishment of its divinely-appointed work ; that the main causes producing division have either wholly passed away, or become so far inoperative, as that Reunion is now " consistent with agreement in doctrine, order, and polity, on the basis of our common standards, and the prevalence of mutual confidence and love;" and that two bodies, bearing the same name, adopting the same Constitution, and claiming the sauie corporate rights, cannot be justified by any but the most imperative reasons in maintaining separate and, in some respects, rival organizations; and regarding it as both just and proper, that a Reunion should be effected by the two Churches, as independent bodies, and on equal terms ; we propose the following Terms and Recommendations, as suited to meet the demands of the case : 1. The Reunion shall be effected on the doctrinal and ecclesiastical basis of our common standards ; the Scriptures of the Old and New Testaments shall be acknowledged to be the inspired Word of God, and the only infallible rule of faith and practice ; the Confession of Faith shall con- tinue to be sincerely received and adopted, " as containing the system of doctrine taught in the Holy Scriptures ;" it being understood, that this Confession is received in its proper, historical — that is, the Calvinistie or Reformed — sense ; it is also understood, that various methods of view- ing, stating, explaining, and illustrating, the doctrines of the Confession which do not impair the integrity of the Reformed or Calvinistie system, are to be freely allowed in the united Church, as they have hitherto been allowed in the separate Churches: and the Government and discipline of the Presbyterian Church in the United States shall be approved as con- taining the principles and rules of our polity. 2. All the ministers and Churches, embraced in the two bodies, shall be admitted to the same standing in the united body, which they may hold in their respective connections up to the consummation of the union ; im- perfectly organized churches shall be counseled and expected to become thoroughly Presbyterian, as early, within the period of five years, as is permitted by the highest interests to be consulted ; and no other such churches shall be hereafter received. 3. The boundaries of the several Presbyteries and Synods shall be ad- justed by the General Assembly of the united Church. 4. The official records of the two Branches of the Church, for the period of separation, shall be preserved and held as making up the one history of the Church ; and no rule or precedent, which does not stand approved by both the bodies, shall be of any authority, until re-established in the united body, except in so far as such rule or precedent may affect the rights of property founded thereon. 5. The corporate rights, now held by the two General Assemblies, and by their Boards and Committees, shall, as far as practicable, be consoli- dated, and applied for their several objects, as defined by law. 6. There shall be one set of Committees or Boards for Home and Foreign Missions, and the other religious enterprises of the Church, which the churches shall be encouraged to sustain, though free to cast their contributions into other channels, if they desire to do so. 7. As soon as practicable after the union shall be effected, the General Assembly shall reconstruct and consolidate the several Permanent Commit- tees and Boards, which now belong to the two Assemblies, in such a man- ner as to represent, as far as possible, with impartiality, the views and wishes of the two bodies constituting the united Church. 8. The publications of the Board of Publication, and of the Publics- 72 FOKM OF GOVEKNMENT. tion Committee, shall continue to be issued as at present, leaving it to the Board of Publication of the united Church to revise these issues, and perfect a catalogue for the joint Church, so as to exclude invidious refer- ences to past controversies. 9. In order to a uniform system of ecclesiastical supervision, those Theo- logical Seminaries that are now under Assembly control may, if theii Boards of Direction so elect, be transferred to the watch and care of one or more of the adjacent Synods ; and the other Seminaries are advised to introduce, as far as may be, into their Constitutions, the principle of Sy- nodical or Assembly supervision ; in which case, they shall be entitled to an official recognition and approbation on the part of the General Assembly. 10. It is agreed, that the Presbyteries possess the right to examine ministers applying for admission from other Presbyteries ; but each Pres- bytery shall be left free to decide for itself when it shall exercise the right. 11. It shall be regarded as the duty of all our judicatories, ministers, and people in the united Church, to study the things which make for peace, and to guard against all needless and offensive references to the causes that have divided us ; and, in order to avoid the revival of past issues, by the continuance of any usage in either Branch of the Church that has grown out of our former conflicts, it is earnestly recommended to the lower judicatories of the Church, that they conform their practice in relation to all such usages, as far as is consistent with their convictions of duty, to the general custom of the Church prior to the controversies that resulted in the separation. 12. The Terms of the Reunion, if they are approved by the General Assemblies of 1868, shall be overtured to the several Presbyteries under their care, and shall be of binding force, if they are ratified by three fourths of the Presbyteries connected with each Branch of the Church, within one year after they shall have been submitted to them for approval. 13. If the two General Assemblies of 1869 shall find, that the plan of Keunion has been ratified by the requisite number of Presbyteries in each body, they shall, after the conclusion of all their business, be dissolved by their respective Moderators, in the manner and form following, viz. : — Each Moderator shall address the Assembly ®ver which he pi-esides, say- ing, " By virtue of the authority delegated to me by the Church, and in conformity with the Plan of Union adopted by the two Presbyterian Churches, let this Assembly be dissolved ; and I do hereby dissolve it, and require a General Assembly, chosen in the same manner, by all the Presbyteries in connection with this body, and all those in connection with the General Assembly meeting this year in , to meet in , on the day of May, A. D. 1870; and I do hereby declare and pro- claim, that the General Assembly thus constituted will be the rightful Gen- eral Assembly of the Presbyterian Church in the United States of Amer- ica, now, by the grace of God, happily united." Signed, by order of the Joint Committee, Charles C. Beatty, Chairman. Edwin F. Hatfield, Secretary. Philadelphia, March 14, A. D. 1868. It will be observed that the Committee have agreed upon a few modifi- cations of the Basis of Union, reported in May, 1867; this, not so much irom any change of opinion on their own part, as with a view, if possible, PRELIMINARY PRINCIPLES. 73 of preventing or correcting misapprehension, and to meet, more fully, the views and wishes of the bodies which they represent. In reference to the First Article, containing the doctrinal basis, the language employed is so explicit, that the Committee believe it will prove satisfactory to all who desire union on the terms of Christian confidence and honor. First of all, following the order of the " Constitutional Ques- tions" proposed by our Form of Government to all who are ordained to the Ministry and Eldership of the Presbyterian Church, we assert the great Protestant principle- — the sole supremacy and undivided authority of the Word of God, in all matters of faith and practice : assigning to this the foremost place above Church, Creed, Confession, School, and System. Magnifying the Inspired Scriptures, we next adopt, endorse, and honor, our common Confession, as "containing the system of doctrine taught in the Holy Scriptures." So far as they were concerned themselves, the Committees would have been content to rest in this prescribed form of words, as received and used by Christian brethren. Unhappily, misap- prehension, prejudices, and distrust are engendered by divisions, to obviate which the Committee have endeavored to modify the language of their former report, thought by some to be ambiguous, so as to make it precise, without surmising or exaggerating differences of opinion. In their judgment, the line of distinction between the two Assemblies, as now drawn, does not consist, as some have supposed, merely in theo- logical diversities. The same Confession is adopted by all. It is adopted in the same terms as containing the same system. To make this agree- ment the more determinate, the Committee have given this system its historic name. At the same time that we mutually interchange these guarantees for orthodoxy, we mutually interchange guarantees for Chris- tian liberty. Differences always have existed and been allowed in the Presbyterian Churches in Europe and America, as to modes of explain- ing and theorizing within the metes and bounds of the one accepted system. What exists in fact, we have undertaken to express in words. To put into exact formulas what opinions should be allowed and what interdicted, would be to write a new Confession of Faith. This neither branch of the Church desires. Your Committee have assumed no such work of supererogation. Neither have they made compromises or con- cessions. They append no codicil to the old symbols. They have asserted, as being essential to all true unity, the necessity of adopting the same Confession and the same System, with the recognition of liberty on either hand, for such differences as do not impair the integrity of the sys- tem itself; which is all the liberty that any branch of the great Calvinistic family of churches has ever claimed or desired. Your Committee cannot see how it was possible for them to employ language more precise and guarded, unless they were prepared to substitute "private interpretations" for the recognized standards of the Church. To go further in cither direction than they have done, would certainly lead to useless and endless "strifes of words." Language somewhere must find a limit. It would be impossible so to frame expressions on this subject, that those who are opposed to reunion may not find occasion to cavil and object. But the Committee hope and trust that the Article now reported will commend itself to all fair-minded men, as containing what is precise, yet not ex- clusive ; definite, yet not rigid; specific, yet not inflexible ; liberal, with- out laxity; catholic, without latitudinarianism. If exact uniformity in all shades of opinion, in technical adjustments, in philosophic theories, he regarded as essential to union, we should earnestlv recommend the in« 10 74 FORM OF GOVERNMENT. definite adjournment of the present movement. Nor would consistency allow us to rest here; our present organizations should be dissolved and exchanged for disintegration and individualism. Nothing need be said in vindication of the Second Article, to those who are fully informed concerning the churches referred to therein. Your Committee had to deal, not with abstractions, but with facts and realities. The churches here described originated in a policy which was itself inau- gurated by a remote necessity; their number is limited, and cannot be increased; the terms of their relationship are prescribed and limited also; their Presbyterial relationship is at present cordial, happy, and eminently useful ; and some of them are deemed, by the Presbyteries with which they are connected, as among their most efficient and excellent churches. As nothing is intended by our action to disturb the present relations of these churches, so nothing is designed to be done, at any time, which can be regarded as inconsistent with good faith and honor; but such state- ments were made by those members of the Joint Committee more imme- diately representing the sections of country in which these churches exist, as led the Committee to believe, that the friendly counsel contained in this Article would prove not unacceptable to these churches themselves, and that the specification of a definite time might be an aid to them in perfecting that organization which is now suggested by Christian ex- pediency. The several Articles, which contemplate the combination and re-ad- justment of the respective Boards and Committees of the two Assemblies, look only to economy and increased efficiency. The recommendation contained in the Eighth Article calls for the brief- est explanation, as it is believed that it will prove more satisfactory than the former Article, to which various objections were made. No dispo- sition was manifest in the Committee to press invidious distinctions and preferences. Neither Publishing Committee is to supersede or endorse the other. Both, earnestly engaged at present in publishing what is received by the churches at large, as valuable literature in theology and practical religion, are advised to continue as now organized, till such a new Board or Committee shall be appointed in the united Church, as, it may be sup- posed, would be prompted, by every instinct of Christian propriety, to omit painful and invidious references to past strifes, leaving undisturbed what is now, and ever must be, highly prized by all our ministers and churches. As to the action of the Committee concerning Theological Seminaries, as embodied in Article Ninth of their report, all difficulty springs from the obvious fact, that there is no authority which is competent to forbid the endowment of Seminaries at any time by any individuals in our con- nection. Those Theological Seminaries which are now independent of ecclesiastical control, were founded before the disruption, and endowed by men representing alike what are now known as Old- and New-School Churches. What was done then maybe repeated again. A recommenda- tion, looking to some uniformity of ecclesiastical supervision, is all which the Committee felt to be within their province or that of the Assembly ; except that those Seminaries, now belonging to either branch of the Church, should have every guarantee and protection for their chartered rights which they might desire. A new Article, here designated as the Tenth, b^.s been introduced, in which some concession has been made on both sides, designed to reconcile conflicting claims and usages. Many churches and presbyteries, in both Assemblies, claim- the right, as now expressed in formal vote, of pr> PRELIMINARY PRINCIPLES. 75 nouncing upon the expediency of admitting, to their own membership, those who bear testimonials from correlative bodies. One Assembly now makes this obligatory upon all the Presbyteries. The Committee recom- mend the recognition of the right, and the abolition of the imperative rule. As all difficulties springing from this cause had their origin in times of suspicion and distrust which, it is hoped, are passing away, it is believed that the whole matter may safely be left to adjust itself in a new era of confidence and harmony. In this connection, however, the Com- mittee would particularly refer to the next Article (No. 11), which em- phasizes the duty of all our judicatories to study the things which make for peace, and earnestly recommends to the Presbyteries to conform to earlier and more ancient usages. The examination of ministers passing from one Presbytery to another is altogether unknown to the Presbyterian Churches of Scotland and Ireland ; nor was it originally practiced in our own. The extent of territory covered by the Presbyterian Church in the United States may have been one reason for another method, in later years, in our own country; but, inasmuch as the right and usage asserted and defended by some, and denied and discarded by others, were related to controversies which are past, the Committee are confident that practical difficulties, from this quarter, will be obviated by the adoption of their entire action in the premises. Amid the diversified practices which now prevail as to the subject in both branches of the Church, this recommen- dation of the Committee was designed to allay, and not to promote dis- trust and suspicion. That some changes must be made in the present method and ratio of representation is apparent from the size of the two Assemblies. Differ- ences of opinion also have long existed in both branches, as to the powers and prerogatives of the General Assembly as now exercised. Many are jealous and apprehensive lest these may transcend the limits of expedi- ency and constitutional law. Whether the proposed reunion would create the necessity of enlarging the authority of the local Synods and modifying somewhat the power and province of the General Assembly, is a subject upon which, as not having been referred to them, the Committees have not felt at liberty to make suggestions or to take action, beyond that of commending it to the attention of the two Assemblies, which they do in the following terms, to wit: "The Joint Committee recommend that each of the two General Assem- blies of 1868 appoint a Committee of five, to constitute a Joint Committee of ten, whose duty shall be to prepare and propose to the first General Assembly of the united Church a proper adjustment of the boundaries of Presbyteries and Synods. " This Committee shall also recommend to the General Assembly any amendments of the Constitution, which they may think necessary to se- cure efficiency and harmony in the administration of a Church so greatly enlarged and so rapidly extending." Thus have the Committee discharged the duty with which they were entrusted. Having acted to the best of their ability, according to all the wisdom they could command, their responsibility ceases. The grave ne- cessity of decisive action is now devolved on the respective Assemblies and Presbyteries of the Church. That this responsibility transcends what ordinarily occurs in the life of men, no one will question. The union contemplated in this report is one based on "mutual confi- dence and love." The Committees arc aware that they have personally enjoyed peculiar opportunities, in the way of intimate fraternal inter- course, for the cultivation and expression of these Christian sentiments, 70 FORM OF GOVERNMENT. Whatever differences may exist among themselves on subordinate matters, they have come to rest in mutual confidence concerning that which is of paramount importance. If the same sentiment prevails throughout the whole Church, organic union cannot be prevented ; if it should prove to be wanting, no technical formulas, no cautious definitions, no well-guarded conditions, can produce union of any value or permanence. There is a so-called unity, which is like the freezing together into one solid mass of all incongruous and heterogeneous substances. Such icy compression is undesirable. There is another unity, which the Holy Ghost has com- pared to the living " body fitly joined together, and compacted by that which every joint supplieth, according to the effectual working in the measure of every part," making " increase of the body unto the edifying of itself in love." Such is the Divine model of ecclesiastical Union, com- bining diversity and harmony, liberty and love, and the whole instinct with life, and predestined to growth and perfection. Love demands few con- ditions, and confidence builds on something better than verbal guarantees. Your Committee have never expected to reconcile all local interests, all private preferences, all personal memories and prejudices. Content are they, if the Articles of Agreement, herewith reported and recommended, approve themselves to the thoughtful and judicious in both branches of the Church, as suited to promote, not the advantage of any school or sect, but the healthful vigor of the entire Church, the prosperity of the whole country, the honor of our adorable Lord. We make no computation of majorities and minorities, in the united Church, as related to past distinctions. We recognize no such idea as one body absorbing the other ; our whole action is based on the principle of two bodies, now independent and equal, becoming assimilated and fused together in cordial "agreement as to doctrine, order, and polity, on the basis of our common standards, and the prevalence of mutual confidence and love." In such a sublime act, something must be trusted to the power of Christian sentiment; something left to be accomplished by faith in one another, as well as in our common Lord. Signs are visible in every quarter of increased confidence among Christian churches and min- isters, long separated by ecclesiastical differences, now yearning for more of unity. As well might we deny the return of Spring and the putting forth of buds and the tender grass, as question this obvious fact. Do not events indicate a Divine Leadership which it is our wisdom to observe and obey? Results have already been reached, under Pentecostal effusions of the Spirit from on high, surpassing the most sanguine expectations, re- buking unbelief, dissolving prejudice, and betokening greater things to come. Some things must be referred to the past. If we face the sun, our shadows are behind us. "Let the dead bury their dead." It is our Lord himself who teaches us, that all which is personal and private should be held subordinate to the claims and affinities of his kingdom. What was tolerated once may not be justified now. The future cheers and animates us with brightest prospects. The voice of the Son of God rebukes the weakness and wickedness of schism, and enjoins the unity of faith and love. Hope anticipates the time when, every dissension healed and for- gotten by Christian charity, all branches of the Presbyterian Church, in all sections of our common country, holding the same Standards, shall be drawn together by patriotic and evangelical sympathies in cordial and indissoluble union. Glorious things are promised to the Church, "in the day that the Lord bindeth up the breach of his people and healeth the stroke of their wound." Surely it will be for good and not evil, for joy and not sorrow, for PRELIMINARY PRINCIPLES. 77 strength and not weakness, if henceforth our rule shall be " One body and one spirit, even as 'we' are called in one hope of 'our' calling. One Lord, one faith, one baptism, one God and Father of all, who is above all and through all and in 'us' all." "Now unto Him that is able to do exceeding abundantly above all that we ask or think, according to the power that worketh in us, unto him be glory in the Church, by Christ Jesus, throughout all ages, world without end, Amen !" Signed by order of the Committee, Charles C. Beatty, Chairman.— 1868, pp. 669-677, O. S. William Adams, Chairman. — 1868, pp. 26-38, N. S. a. The terms of Reunion, thus proposed by the Joint Committee, were " approved" by the O. S. Assembly and sent down to the Presbyteries for their action by a vote of Ayes 188, Nays 70. Excused 1. — 1868, p. 628, O. S. It was also, on motion of Judge Leavitt, Resolved, 1. That the report of the Joint Committee ou the basis of the union of the two branches of the Church now made, be, and the same is hereby, accepted, and the terms of Reunion are hereby approved by this Assembly ; and it is ordered that the whole be sent down to the Presby- teries for their final action upon said terms of Reunion. Resolved, 2. That the Presbyteries be requested to report to the Stated Clerk their action approving or disapproving the proposed basis of union, before the meeting of the Assembly in 1869. Resolved, 3. That the Stated Clerk be directed to cause to be printed, at an early day, five thousand copies of the entire report of the Joint Com- mittee, at the expense of the Board of Publication, for distribution to the ministers and sessions of the churches. — 1868, p. 631, O. S. h. In the N. S. Assembly on the consideration of the report of a special Committee, recommending the approval of terms of Reunion as above : It was — Resolved, That, before proceeding to take the vote upon the report of the Special Committee of Reunion, the roll be called, that any member may express his dissent from any article of the proposed terms of Reunion, and that such dissent be entered on the record. In accordance with this action, the roll was called, and the following members expressed their dissent from the 2d and 10th articles of the Basis proposed by the Joint Committee on Reunion, namely : the Rev. Henry A. Nelson, D.D., Rev. Timothy Hill, and Elder Jason Yurann ; Elder Eli R. Miller expressed his dissent from the 2d article ; and the following mem- bers expressed their dissent from the 10th article, namely : Ministers, Wil- liam Waith, T. Ralston Smith, D. D., William T. Eva, Joseph Vance, Frederick A. Noble, William A. McCorkle, Ira M. Weed, Charles S. Adams, C. Solon Armstrong, Henry B. Eldred, Warren Taylor, David E. Beach, Edward D. Morris, D. D., A. Alexander Jimeson, Evan L. Davies, Charles H. Marshall, Henry S. Little, John B. Fowler, George Duffield, Jr., George M. Jenks, Robert W. Patterson, D. D., Arthur Swazey, John H. Walker, George D. Young, John M. Brown, and Thomas Brown ; and the Elders, Hon. Frederick H. Hastings, Merrill N. Hutchinson, Samuel T. Bodine, Daniel B. Greene, Matthew Newkirk, Daniel S. Beaver, and John de Clue. The report of the Special Committee was then taken up, amended, and unanimously adopted. The Rev. Robert W. Patterson, D. D., the Rev. Ar- thur Swazey, the Rev. J. Ambrose Wight, and Elder Richard Edwards were excused from voting. — 1868, pp. 25, 26, N. S. 78 FORM OF GOVERNMENT. [Tiie above vote approved of the " proposed terms of Reunion between the two branches of the Presbyterian Church, in the United States of America/' as also of the report of the Special Committee, viz. :] Resolved, That this Committee recommend to the General Assembly the approval of the proposed terms of Reunion as given on pages 8, 9, and 10 of the report, and also the article on page 14, with the accom- panying interpretations and explanations of the Joint Committee, and that the same be sent dowm as an overture to our Presbyteries. 24. Report of the Special Committee (N. S.) on the foregoing Report. The Committee to whom w T as referred the Report of the General Com- mittee on Reunion, respectfully make their report : — This Report of the General Committee of this Assembly contains the " Terms and Recommendations " for Reunion, as the Report of the Joint Committee of both Assemblies, and which " Terms and Recommenda- tions" have manifestly been most carefully prepared, are clear in state- ment, comprehensive of the whole subject of Reunion, and present a plain and intelligible basis on which the divided portions of the Presbyterian Church in the United States may again stand together. Summarily, the basis is as follows : The Scriptures of the Old and New Testaments ; the Confession of Faith as a System of Doctrine, and this to be received in the Reformed or Calvinistic sense; and the allowance of philosophical views and explanatory statements in the united Church which do not im- pair the integrity of the Calvinistic system. To these particulars, as the substance of the basis, other " Terms and Recommendations " are given, which maybe considered as complementary to the former; and on this ground it is proposed that the two bodies again become permanently one. To these " Terms and Recommendations," the Report of the General Committee of this Assembly appends, as prefatory, such historic and ex- planatory statements " as may serve to convey to others the facts and motives which proved of such weight to themselves ;" and also, as supple- mentary, a very clear and full comment on the body of the "Terms and Recommendations " contained in the Joint Committee's Report. The General Committee of the other Assembly append also, in their report to that body, the same comments and statements to these same joint " Terms and Recommendations." These appended statements and comments, it is understood, have been personally signed or expressly assented to by nearly all the members of the Joint Committee. This is deemed to be a very valuable and important part of the Report which has been put into our hands, constituting an official and authoritative exposition of the meaning of the " Terms and Recommendations," and w 7 hich exposition is given as clearly and conclusively as language can be used to explain language. It must preclude the practicability of any judicial application of the " Terms and Recommendations" beyond the meaning here affixed to them by the authors themselves. Though not the covenant itself of Reunion, it is a direct official interpretation of it, and such that any attempt to override it would be repelled by all the force of virtuous Christian indignation throughout the religious world. While the basis of Reunion, given in these " Terms and Recommenda- tions," may hopefully be expected to be found acceptable and even satis- factory to most of the members of both Branches of the Church, it has already become manifest that it is not acceptable to all. Difficulties and objections, of probably opposite bearings, will be found in the different divisions of the Church ; but it is of importance here to us, that we re- cognize only such as it may be apprehended will be felt and urged in our PRELIMINARY PRINCIPLES. 70 own body. Among the most prominent will be, doubtless, found a meas- ure of hesitation and difficulty from objections somewhat in the following form : "Various methods of viewing, stating, explaining, and illustrating the doctrines of the ' Confession of Faith ' are to be freely allowed in the •united Church, as they have hitherto been allowed in the separate churches," only they must "not impair the integrity of the Calvinistic system." And now, who shall decide whether the views do impair the integrity of the system ? If there be a strenuous and rigid umpire, such will doubtless be found intolerant of opinions and interpretations contrary to its own. A mind cautious and jealous of all encroachment on religious liberty will doubt, and in proportion to his fears, he will hesitate or object. But is the danger here really formidable? Admit the majority of the ecclesiastical body must decide ; but, in the way the members of our Pres- byteries now will have their standing in the united Church then, will they be unsafe and exposed to oppression ? Aside from the manifest liberality, and confidence, and love, which there must be in the members of the op- posite branch before three quarters of its Presbyteries shall vote us to- gether, there are these quite impregnable safeguards. The man whose sentiments do not violate the Calvinistic system cannot be hurt. And if the fear still is that, in the opinion of the judicatory, the sentiment may be in violation of the integrity of the Calvinistic system, and that this opinion of the judicatory must rule, the answer at once is, not the judi- catory on its own opinion, but the judicatory as convinced that the oppo- site Branch of the Church has allowed or not allowed the sentiment to be in consonance with the Calvinistic system. If the man is not out of the pale of his former church's orthodoxy, he cannot be in danger from any ecclesiastical court's rigidity or bigotry. Danger from this cannot be further pressed without directly questioning the candor and honesty of the judicatory, and then we are at once beyond all Christian redress or regulation. Another difficulty is with the churches that have their standing on the Plan of Union. They are to stand in the United Body as they now stand in the New School Body. They are, however, to be counseled, and ex- pected to become thoroughly Presbyterian. So far- there is no appre- hension of complaint. But they are to be counseled and expected to do this " as early, within the period of five years, as is permitted by the high- est interests to be consulted;" and in this there is fear of injury. Why specify five years? The inference prompted by the fear is, that such churches, remaining after the five years' counseling, are to be excluded. But such inference is wholly gratuitous. The five years is put to give earnestness to the counsel and definiteness to the expectation. Counsel to become thoroughly Presbyterian, and expectation that it will so be at a period running beyond five years, would be weakness. If this cannot be gained within that time, both counsel and expectation may there cease. This is as long as self-respect in the counselor will allow of his working and waiting. But what if all this fails, and some of these churches stand still on the old Plan of Union? The answer is, that though the inviolable agreement still allows them the same standing in the United Body, yet that no more such churches are to be organized, and these few will not greatly trouble us, nor will they probably long desire to maintain their partial connection with the Presbyterian Church. One other source of apprehended difficulty only need now be men- tioned. It is in the expressed agreement " that the Presbyteries possess 80 FORM OF GOVERNMENT. the right to examine Ministers applying for admission from " another Presbytery. The position from which the objection comes is that the Presbyterian Church is a confederate body, and the confederacy is a unit, and membership in one place, with fair paper of transfer, confers the right of membership in all places in the confederacy. This is doubtless safe practice and principle in all ordinary cases. But extremities become often necessities. And now, suppose we take this doctrine of previous examination in cases of last extremities, or even suppose it to be held as very commonly allowable, what danger of oppression is there? Let the examination be as common or as rigid as it may, the judicatory can do nothing against the man who is still within the pale of orthodoxy, according to the allow- ance of the old body with which he is in sympathy. The united Church is to fellowship the orthodoxy of both the present Churches. Considerations like these induce your Committee to the conviction that, if the " Terms and Recommendations" are not all that one would wish, and even in some things are what one would wish they were not, yet, at the worst, they are not open to an oppressive or a dangerous use. There is a defence erected over which nothing but dishonesty can come to work us harm. The blessing of union, so accomplished, need not be feared as if about to be counterbalanced by coming injuries. But on the other hand, your Committee are convinced that there is not only danger of losing the possibility of Reunion, but of incurring very hazardous and perhaps ruinous results if the action be longer delayed. Should modifications be proposed, or conditions and new explanations be voted by ourselves, besides the certain distrust and jealousy promoted, there will inevitably be the meeting of this by counter-modifications, con- ditions, and explanations, and we shall run at once into the temper and spirit of theological controversy. The heart of brotherly unity will be wounded, alienated, and abandoned by both sides. Should we determine to postpone action till another year, many of the churches will not delay. They will come together desultorily and more or less disorderly. Others will seek other connections, and confusion and disintegration will in wide regions ensue. The conviction of the import- ance of Reunion and the hope of its possession have been stricken too deeply into the heart of the churches to be now checked in safety. Even with much doubt of the wisdom of some of the " Terms and Recommenda- tions," your Committee deem it best that the matter go down to the Pres- byteries for their decision. Divisions and alienations among ourselves will be best precluded by letting the grand issue be at once decided. — 1868, pp. 38-41, N. S. 25. Subsequently to the action of the O. S. Assembly approving of the proposed plan — a. Dr. Monfort moved the following as an addition to the action of the Assembly on this subject, and it was adopted. Resolved, 4. While the Assembly has approved of the report of the Joint Committee on Reunion, it expresses its preference for a change in the first item in the basis, leaving out the following words, viz., " It being understood that the Confession is received in its historical — that is, the Calvinistic or Reformed sense. It is also understood that various methods of viewing, stating, explaining and illustrating the doctrines of the Con- fession, which do not impair the integrity of the Reformed or Calvinistic system, are to be freely allowed in the united Church, as they have hith- erto been in the separate churches." The Assembly believes that, by PKELIMINARY PRINCIPLES. 81 omitting these clauses, the basis will be more simple and more expressive of mutual confidence, and the Permanent Clerk is directed to telegraph this proposed amendment to the Assembly at Harrisburg, and if that Assembly shall concur in the amendment, it shall become of effect as the action of this Assembly also. The Assembly also appoints the Rev. C. C. Beatty, D. D., Rev. V. 1). Reed, D. D., and ruling elders Robert Carter and Henry Day, a Commit- tee to proceed at once to Harrisburg and personally to lay this action before the other Assembly. — 1868, p. 631, O. S. This Committee proceeded to Harrisburg, and after conference the following paper was adopted by the N. S. Assembly, viz. : b. The Assembly has heard with profound satisfaction, and reciprocates with cordial fellowship, the statement of the Delegation from the General Assembly at Albany about the plan of Reunion. In respect, however, to the proposition for a change in Article 1st, as our Assembly is on the eve of an adjournment and greatly reduced in numbers — Resolved, That we regret that no action can now be had upon this sub- ject, as it cannot, according to our rules, be reconsidered and amended at the present sessions of the assembly ; nor can the proposed amendment be now sent down to our Presbyteries in such a form as that its adoption would be of any legal effect. Resolved, That the Committee of Fifteen on Reunion be continued, and that the other Assembly be requested to appoint a similar Committee, to co-operate with this, in furnishing such information as they may deem best to the churches, in order to secure intelligent action on the subject of Reunion.— 1868, p. 59, K S. 26. [In the Assembly, O. S.] " The Committee to prepare an answer to the protest of Dr. E. P. Hum- phrey and others, reported an answer, which was read and adopted, and ordered to be entered on the Minutes. The Protest and Answer are as follows . a. PROTEST. The undersigned respectfully request that the following protest be entered upon the Minutes of the Assembly. We do not now protest against the reunion of the two branches of our Church ; nor against the measures inaugurated for the accomplishment of that object, but sim- ply against the Terms of Union approved by the Assembly, and its action in relation to them. The first article of the plan proposes that "the Reunion shall be effected on the doctrinal and ecclesiastical basis of our common standards," . . . "it being under- stood that various methods of viewing, stating, explaining, and illustrating the doc- trines of the Confession, which do not impair the integrity of the Reformed or Cal- vinistic system, are to be freely allowed in the united Church as they have been hith- erto allowed in the separate churches." Under this term of the compact, we shall be bound to allow all those forms of doc- trine which the New School Church has hitherto allowed. This interpretation, the article in question will, in our judgment, fairly admit, it is so interpreted by the other party to the contract ; and it is so understood by the public. We protest against its adoption, first, because it utterly unsettles our standard of doctrine. That standard ceases to be the system of doctrine contained in our Con- fession, but that system as interpreted by the New School Church in their past his- tory. Secondly, because that article binds us to approve of doctrines which our Gen- eral Assembly has formally condemned. We distinctly disavow any intention of imputing error in doctrine to the mass of our New School brethren. With equal distinctness and earnestness we disavow any impeachment of their sincerity or integrity. We only say that they regard a* cou- II 82 FOEM OF GOVEENMENT. sistent with our standards, forms of doctrine which our branch of the Church ha? officially, earnestly, and constantly condemned. What those are, may be learned by a reference to the Minutes of the Assembly of 1837, by which they were condemned. Some of the more important of the errors there specified or implied are: 1. The denial of original righteousness. It is assumed that moral character pre- supposes moral conduct, and therefore, that there can be no moral character prior to moral action ; consequently it cannot be true that man was created after the image of God, in knowledge, righteousness, and holiness. 2. As it regards our relation to our first parents, it is denied that there was any covenant made with Adam ; that all mankind descending from him by ordinary gen- eration, sinned in him, and fell with him in his first transgression. On the contrary, it is maintained that every man stands or falls for himself. 3. As to original sin, while it may be admitted that men are depraved by nature, and come into the world with a bias to sin, it is denied that there is anything of the nature of sin, or any desert of condemnation, until there is the personal and volun- tary violation of known law. On this subject our standards teach, in accordance with the Scriptures, and with the faith of every historical church in Christendom, that the inherent, hereditary corruption of nature derived from Adam is truly and properly sin. This great doctrine is the foundation of the whole plan of redemption, and is professed and symbolized in every act of infant baptism. 4. In reference to the inability of sinners, it is taught that the distinction between moral, natural, and gracious ability is worthless. Inability of any kind is inconsist- ent with moral obligation. 5. It is taught that regeneration is the sinner's own act. It consists either in the change of his governing purpose, or in the choice of God, instead of the world, as the source of happiness. It is not the act of God, because God cannot effectually control the acts of free agents. He cannot prevent sin, or the present amount of sin, in a moral system. He can enlighten, persuade, and remonstrate; he can use all the means of moral suasion; but he cannot efficaciously or certainly determine the will. He, in fact, does all he can do (consistently with their liberty) to convert all who hear the gospel. This is in direct contradiction to the Scriptures and to our stand- ards, which teach that regeneration is effected by the mighty power of God, analogous to the power which he wrought in Christ, when he raised him from the dead, and therefore, that the action of the Spirit in regeneration is sovereign, certainly effica- cious, and irresistible. 6. Election to life is not founded on the mere good pleasure of God. He elects those whom he foresees he can persuade to repent and believe. 7. While it is admitted that the work of Christ may be called a satisfaction to the law and justice of God, if by justice we understand a benevolent regard to the intents of his moral government, it is denied that it was a satisfaction to distributive or vin- dicatory justice. It is denied that his sufferings were penal, or vicarious in the estab- lished sense of that word, securing the salvation of none, but simply rendering the salvation of some possible. They were not judicially inflicted, so that those to whom the merit of his obedience and death is imputed, are free from the demands of justice and become righteous in the sight of the law. 8. Justification, according to our standards, is an act of God's free grace, wherein he pardons all our sins, and accepts us as righteous in his sight, only for the right- eousness of Christ imputed to us and received by faith alone. This is denied. In what is called justification, nothing more occurs than when the executive pardons a criminal, and that criminal is restored to his civil rights. He is not declared just. There is no imputation to him of righteousness. There is no pretence that he has satisfied the demands of the law. This error, therefore, involves the denial of the essential idea of justification as presented in our standards. We are far from believing or insinuating that these doctrines are generally ap- proved by the New School Church. We have no doubt they are repudiated by many in that Church, as sincerely as they are by us. But they are allowed by them, as consistent with the system of doctrine contained in our Confession. This fact is no torious. It is confessed and avowed. These doctrines have been for years, matters of public discussion. They have been taught in some of the Theological Seminaries of our land. Students from those Seminaries, professing these errors, are freely ad- mitted into the New School Presbyteries. Men of the highest eminence in the other branch of the Church, teach them publicly from the pulpit and the press. They are contained, more or less of them, and some of the most serious, in books and tracts issued by the Publication Committee of the New School body They are openly avowed in some of the periodicals sustained by the ministers of that Church, and apologized for by others. These are not matters of speculation belonging to th« PRELIMINARY PRINCIPLES. 83 Schools, but concern doctrines taught in the catechism, and presumed to be known even by the children of the Church. There are other points in the proposed terms of union, to which we have strong objection, which, out of regard to the pressure on the time of th2 Assembly, we ab- stain from mentioning. There are two provisions of the plan, however, which we cannot overlook. In the eighth article it is provided, that publications of the New School Committee of Publication "shall continue to be issued as at present," until otherwise ordered. Although the whole Church cannot be justly held responsible for all the works issued by its Board, it becomes thus responsible when it deliberately sanctions their publication. Believing, as we do, that there are books published by the New School Committee, containing doctrines inconsistent with our Confession, we are constrained to protest against the sanction given to their publication. Again, in article fourth, it is provided that, " no rule or precedent, which does not stand approved by both bodies, shall be considered of any authority, until re-estab- lished in the united body, except in so far as such rule or precedent may affect the rights of property founded thereon." This unsettles to an indefinite degree our past acts and deliverances. It is well known as one of the characteristic differences be- tween the two bodies, that the one holds a much higher doctrine as to the preroga- tives of church judicatories, than the other. The Congregational element, which, from the beginning, has so largely pervaded the New School branch, has naturally led our brethren in that branch to resist, in many cases, the exercise of powers which Old School men believe to belong, by Divine right, to the courts of the Church, and especially to the General Assembly. This being the case, we know not to what ex- tent we are renouncing our Presbyterian principles in the adoption of that article. We respectfully protest not only against the terms of union as they have been adopted by this house, but also against the action of the Assembly in regard to them. In our view the parties to this negotiation for Reunion are the two General Assem- blies. They were to endeavor to agree on the terms of union, and when agreed, to send them down to their respective Presbyteries. It cannot be supposed that our General Assembly intended so to tie its own hands, or so to strip itself of its most im- portant prerogatives, as to commit to any ten or fifteen men the work of deciding on what terms a union, confessedly so momentous in its consequences, should be con- summated ; reserving to the Assembly the poor prerogative of adopting those terms as a whole, or of rejecting them as a Avhole. The duty of the Joint Committee, in our judgment, was simply to confer among themselves as to the terms of union, and when agreed, to refer them to the two Assemblies for those bodies to consider, to mod- ify, to adopt some and not others, or to approve or reject the whole. In this way a basis mutually acceptable might have been intelligently adopted. Now we are in the dark. These terms admit of a two-fold construction. This Assembly may, and probably does, put one interpretation upon them ; and the New School Assembly an opposite one. Thus, if this plan be carried through, we shall be hurried into a union with cross purposes, which must inevitably result in the renewal of our former troubles. Instead of the Assembly taking this view of the case, no modification of the pro- posed terms was allowed. Amendment after amendment, to the number of six or eight, was summarily laid on the table without debate. These amendments were not offered in a factious spirit, or with the design of preventing Reunion, but with the honest purpose of putting the terms into a form in which, with a good conscience, they could be adopted by the Presbyteries which we represent. We regard this as a wrong done to the ministry, and a much more serious wrong to the churches. Under this head we specially protest against the laying the first amendment offered by the Rev. Dr. Humphrey upon the table without consideration. That amendment simply provided for fidelity to our former testimony against false doctrines. The action of the Assembly, however intended, we regard as a virtual renunciation of our former status, and as committing the Church, contrary to the Constitution which is and must continue to be binding on our conscience, to recognize as orthodox the errors which it has hitherto condemned. Grateful to God for the Christian spirit which, notwithstanding our conscientious differences, has characterized our deliberations, we submit with all deference this our protest to the judgment of the Assembly and of the churches. J. I. Landes, H. S. Morrison, T. S. 0. Smith, Moses Hvde, Daniel C. Wisner, Joseph Peirce, William T. Carr, A. A. Hodge, Owen Riedy, D. W. Woods, S. T. Thompson, J. S. Clayton, William T. Hendren, Henry Fulton, Charles E. Vail, James V. A. Shields, George Junkin, Jr., John Chester, E. L. Belden, H. N. Brins- Ri FORM OF GOVERNMENT. made jSdward P. Humphrey, Charles Hodge, K. J. Breckinridge, John C. Backus, H. I Doolittle, George Hill, Eobert Carothers, E. M. Wallace, James F. Kennedy, Asafc.el Munsen, George J. Reed, Alexander Rankin, Benjamin F. Avery, Samuel Wherritt, Charles Crosby, Samuel Fisher, S. J. Milliken, James M. Shields, J. C. Ban, J. A. Neil, J. M. Reid, John C. Rhea, Watson Russell, John K. Findlay, L. P. Stone, William Rankin, Jr., A. Van der Lippe, J. R. Findley, Charles G. Milnor, L. J r Halsey, Eliphalet Wood, E. B. Miller, Adam Craig, J. A. Cornelison, William B. Canfield, Robert Scott, F. B. Hodge, James Smith. b. ANSWER TO THE PROTEST. In reply to the Protest against its action on the Terms of Union, the Assembly observes : The authors of the Protest first speak of a series of doctrinal errors and heresies, which maybe concisely stated as follows: (1.) There is no moral character in man prior to moral action, and therefore man was not created holy. (2.) There was no covenant made with Adam, his posterity did not fall with him, and every man stands or falls for himself. (3.) Original sin is not truly and properly sin bringing condem- nation, but only an innocent tendency leading to actual transgression. (4.) Inability of any and every kind is inconsistent with moral obligation. (5.) Regeneration is the sinner's own act, and consists in the change of his governing purpose. (6.) God cannot control the acts of free agents, and therefore cannot prevent sin in a moral system. (7.) Election is founded upon God's foreknowledge that the sinner will repent and believe. (8.) The sufferings of Christ are not penal, and do not satisfy retributive justice. (9.) Justification is pardon merely, and does not include resto- ration to favor and acceptance as righteous. These doctrinal errors the authors of the Protest are careful to say are repudiated by the great mass of the New School Church. They say that "they are far from be- lieving or insinuating that these doctrines are generally approved by the New School Church" — that "they do not impute these errors to a majority, or to any definite proportion of our New School brethren." The charge that is made in this Protest, and the only charge made in this refer- ence, is, that while the other branch of the Presbyterian Church repudiate these doctrines for themselves, they at the same time hold that they are consistent with the Calvinism of the Confession of Faith. The authors of the Protest allege that it is the judgment of the New School body that a person can logically and consistently accept the Westminster symbol and these nine or ten Pelagian and Arminian tenets at one and the same time. This is the substance of their charge. The Assembly pronounces this allegation to be without foundation, because: 1. Such a position, if taken by the New School Church, or by any church whatso- ever, would simply be self-stultifying and absurd. That a great religious denomina- tion, which from the beginning of its organization in 1837, down to the present time, has held up the Westminster Confession as its symbol, has compelled every one of its ministers and elders to subscribe to that symbol, and has received its membership into church communion upon professing faith in the doctrines of that symbol ; that an ecclesiastical body which has thus stood before the other churches of this and other lands as a Calvinistic body, and has been reckoned and recognized as such, should at the same time be jealous in behalf of the distinguishing doctrines of Pela- gianism and Arminianism, and insist that these latter are consistent with the former, and are to be tolerated in a Calvinistic body, is too much for human belief. The entire history of the Church does not present such a phenomenon as that of a denom- ination adopting before the world a definite type of doctrine, and at the same time claiming that exactly the contrary type of doctrine is compatible with it, and must be tolerated within its communion. If the New School Church are really doing what the signers of this Protest allege they are, then their position before the churches and the world would be as absurd as would have been the position of the Nicene Church if, at the very time that it adopted and defended the Trinitarianism of Atha- nasius, it had insisted that the tenets of Arius or those of the Humanitarians were consistent with those of the great father of orthodoxy, and must be allowed in the catholic Church. The human mind, even in its natural condition, never did work in this manner, and never will ; and still less will the human mind, when renewed and sanctified by divine grace, be guilty of such a palpable inconsistency. 2. These very errors, charged by the signers of the Protest as allowed by the New School Presbyterians, have already been distinctly repudiated by them. The Auburn Convention, held in 1837 under the influence and doctrinal guidance of that excellent and sound divine, the late Dr. Richards, specified sixteen doctrinal errors, which PRELIMINARY PRINCIPLES. 8 c contain the very same latitudinarian and heretical tenets mentioned in the Protest, rejected them in toto and set over against them sixteen "true doctrines," which em- brace all the fundamentals of the Calvinistic creed. This Assembly regards the "Auburn Declaration" as an authoritative statement of the New School type of Cal- vinism, and as indicating how far they desire to go, and how much liberty they wish in regard to what the Terms of Union call "the various modes of explaining, illus- trating, and stating" the Calvinistic faith. We believe that a large number of our New School brethren would prefer the modes of "explaining and illustrating" the tenets of Calvinism which are employed by the authors of this Protest themselves, and the other portions of the body claim only that degree of variation from these modes which would be represented by the theology of Richards and the Auburn Declaration. The Assembly is fully satisfied that any instances of laxity of doctrine among the New School which have been exhibited, are exceptional cases, and that the great body of the other Church sincerely and firmly stand upon the basis of our common stand- ards. The many disclaimers of the unsound views charged, and declarations that the standards are received as by us, which have been made by distinguished and rep- resentative men, and in the periodicals of the New School Church, leave no room to doubt that the interests of sound doctrine will be safe in the united Church. 4. That the allegation of this Protest is unfounded is proven by the fact that the New School Church have adopted, by a unanimous vote, the Basis of Doctrine pre- sented by the Joint Committee. Whatever may be the preferences and opinions of individuals respecting particular clauses in the first article in this basis, this General Assembly holds and affirms that it not only commits, but binds any ecclesiastical body that should receive it to pure and genuine Calvinism. It will be so understood by all the world. For it expressly lays down the Westminster symbol as the doctrinal platform, and expressly requires that no doctrine shall be taught that is not Calvin- istic in the old, ancestral, "historical" meaning of this term, or that "impairs the integrity" of the Calvinistic system. We affirm that there is not a man upon the globe, possessed of a sane mind, and acquainted with the subject of doctrine, who would assert that the list of errors and heresies mentioned by the signers of this Pro- test is "Calvinistic " in the accepted and historical signification of the term, or that their reception would not impair the integrity of the Calvinistic system. And it must be distinctly observed that if any doctrines had been hitherto allowed by the New School body which "impair the integrity of the Calvinistic system," they are not to be allowed in the united Church under the terms of union. Such doctrines are condemned, and any one who may teach them will be subject to discipline. It is the testimony of some of the protesters themselves that the great body of the New School are sound in doctrine ; our own body being the large majority in the union, when fortified by the accession of the great body of sound men in the other, will establish and confirm the testimony of the Church to the truth ; will preserve it, by God's help, from error, and maintain intact, while it extends, the purifying and saving power of our venerated Confession. 5. The errors and heresies alleged in the Protest are combated and refuted in the Theological Seminaries of the New School. Such Seminaries, in any denomination, are important exponents of its doctrinal position and character. The Assembly knows that in the three Seminaries of our New School brethren, Westminster Calvinism is fully and firmly taught. The Pro- fessors in these are obliged to subscribe the Westminster Confession, and heretical teaching throws the Professor out of his chair by the very constitution of these Sem- inaries. The Assembly notices this point particularly, because the authors of the Protest assert that the doctrinal errors specified by them " have been taught in some of the Theological Seminaries of our land" This is not the proper manner in which to affix so grave and damaging a stigma upon our New School Presbyterian brethren. The authors of this Protest ought to have made this allegation, not in the way of in- sinuation, but by distinct assertion'and proof. Many things are "taught in the The- ological Seminaries of our land," which are not taught in the Presbyterian Seminaries of the land, either New School or Old. 6. The Protest alleges it to be a "notorious fact" that the New School Church in- sists that the heresies mentioned are compatible with Calvinism. If the alleged fact had been so "notorious," as the Protest affirms, it would certainly have been known to this Assembly, and would have made it simply impossible to have secured for the Basis of the Joint Committee, or for any other conceivable basis, any favorable con- sideration. The idea of reunion would not have been entertained for a moment. Furthermore, this Assembly emphatically holds up to the Church and to the world, that it receives into its ministry and membership those who adopt " the system of 86 FORM OF GOVERNMENT. doctrine taught in our Confession," and that it never has held, and does not now hold, that its ministers or members shall " view, state, or explain" that system in any other than the words of the Holy Scriptures and our standards ; and to show that this is the sentiment not only of the Assembly, but of the protesters themselves also, the Assembly here cites the testimony of one of the signers of the Protest, whose words have been referred to in the discussions just closed. Says Dr. Hodge: " If a man comes to us, and says he adopts ' the system of doctrine ' taught in our Con- fession, we have a right to ask him, 'Do you believe there are three persons in the Godhead — the Father, the Son, and the Holy Ghost — and that these three are one God, the same in substance, equal in power and glory ?' If he says, Yes, we are sat- isfied. We do not call upon him to explain how three persons are one God, or to determine what relations in the awful mysteries of the Godhead are indicated by the terms Father, Son, and Holy Ghost. If we ask, Do you believe that ' God created man male and female, after his own image, in knowledge, righteousness and holiness, with dominion over the creatures?' and he answers, Yes, we are satisfied. If he says he believes that 'the covenant being made with Adam, not only for himself, but for his posterity, all mankind descending from him by ordinary generation, sinned in him, and fell with him, in his first transgression,' we are satisfied. If he says that he believes that 'the sinfulness of that estate whereinto man fell consists in the guilt of Adam's first sin, the want of original righteousness, and the corruption of his whole nature, which is commonly called original sin, together with all actual trans- gressions which proceed from it,' we are satisfied. If he says, ' Christ executes the office of a priest in his once offering himself a sacrifice to satisfy Divine justice, and reconcile us to God, and in making continual intercession for us;' we are satisfied. If he says he believes justification to be ' an act of God's free grace, wherein he pardoneth all our sins, and accepteth us as righteous in his sight, only for the right- eousness of Christ imputed to us, and received by faith alone,' we are satisfied. Is not this what is meant when a man says he adopts our ' system of doctrine'? Is not this — nothing more and nothing less — that which we are authorized and bound to re- quire? God grant that we may unite on terms so simple, so reasonable, and, I must hope, so satisfactory to every sincere, humble, Christian brother." — [Remarks of the Rev. Charles Hodge, D. _D., in the Philadelphia Convention.) The Assembly cannot enlarge the basis beyond the platform of God's truth as stated in our standards, and it would not narrow the basis by taking one tittle from the form of sound words therein contained. We declare our willingness to unite with all those who profess their faith in the Lord Jesus Christ, and their adoption of "the Confession of Faith and Form of Government" of our beloved Church. The protesters object to the eighth item of the Basis, because it makes the united Church responsible for the publications of the New School Committee. This is a misapprehension. The publications of the New School Committee and our Board are to be issued as now, with the imprint of each, until the new Board shall prepare a new catalogue, for which alone the united Church will be responsible. Again, the protesters object to the fourth article as unsettling past acts of our Church. This is a matter of necessity where the action of the two bodies differs. It is believed, however, that except in the case of the imperative clause of the examina- tion rule of 1837, .no important difference can be found. If it is otherwise, the united Church is the proper body to establish its own usages. We do not believe that our brethren of the New School Church have now any sympathy with Congrega- tional views of government, or any objection to usages that are strictly Presbyterian. The various amendments proposed by the protesters were laid on the table, not be- cause they were contrary to the sentiment of the Assembly, but because, under the circumstances, it was not possible to engraft them upon the terms of the union, and, in the judgment of the Assembly, they were not essential to the integrity of the Cal- vinistic basis on which the union is to be effected. Win. G. T. Shedd, J. G. Monfort, S. Irenceus Prime, PI. H. Leavitt, Eobert Mc- Knight, Committee.— 1869, pp. 658-665, O. S. 27. Answer of the Presbyteries to overtures on Reunion. To the overtures on Reunion, the following answers were received, as reported by the Stated Clerks of the two Assemblies, respectively, viz. : a. Of the Old School. One hundred and forty-three Presbyteries have been entitled to vote on the overtures sent down by the last General Assembly. Three fourths PRELIMINARY PRINCIPLES. 87 of these, required in the terms of the Basis for Reunion, must be one hun- dred and eight. The whole number of answers received, according to the constitutional mode of sending them up, is one hundred and ten. These are almost as much diversified in form as in number ; and in many instances, the same Presbytery has sent two or three answers, unlike each other, if not irreconcilable, indicating an unsettled and fluctuating judg- ment, which is, probably, without a parallel in the history of our Church. Often, also, the particular vote is reported revealing a large minority ; in some instances almost equal to the majority itself. Although the mass of the returns would seem to defy analysis, the fol- lowing attempt to classify them is respectfully submitted, as near enough, perhaps, to satisfy the purpose of the Assembly : Thirty-eight Presbyteries have approved of the Basis ; but all of them, with only one exception — Susquehanna — express, also, either willingness or preference for union on the Standards alone. They are Albany, Allegheny, Allegheny City, Buffalo City, Chicago, Chillicothe, Cincinnati, Columbus, Connecticut, Crawfordsville, Des Moines, Erie, Findlay, Holston, Kaskas- kia, Londonderry, Luzerne, Madison, Marion, Miami, Michigan, Missouri River, Muhlenberg, Muncie, Nashville, Neosho, New Albany, Raritan, Sidney, Southwest Missouri, Steubenville, Stockton, Susquehanna, Topeka, Troy, Vinton, White Water, and Wooster. Against the Basis are, first, those that make exception to it while other- wise approving ; the exception being generally to the qualifying clauses in the first article. These are, Carlisle, Corisco, Elizabethtown, Fairfield, Logansport, New Orleans, New York Second, Oxford, Peoria, Richland, Saltsburg, Schuyler, Western Reserve, and West Virginia ; fourteen in number. The next class are those Presbyteries which reject the Basis with formal expression, as a whole ; and indicate, in some one of many different ways, a willingness or desire to unite on the basis of the Standards alone, in doctrine, polity, and worship, without qualification. They are, Benicia, Blairsville, Bloomington, Bureau, Burlington, Chippewa, Clarion, Donegal, Dubuque, Ebenezer, Frankville, Fort Wayne, Highland, Huntingdon, Lafayette, Leavenworth, Maumee, Monmouth, Nassau, New Brunswick, New Castle, New Lisbon, Newton, New York, North River, Northumber- land, Ohio, Oregon, Passaic, Philadelphia, Philadelphia Central, Philadel- phia Second, Potosi, Rochester City, Santa Fe, St. Clairsville, St. Louis, Siam, Vincennes, Warren, Washington, West Jersey, and Winnebago ; forty-three in number. The third classification against the Basis consists of Presbyteries that express no wish for Union, at present, on any specified Basis ; but with much variety, also, in the greater or less unwillingness indicated. These are, Concord, Dane, Genesee River, Hudson, Iowa, Lewes, Lodiana, Long- Island, Louisville, Paducah, Potomac, Transylvania, Upper Missouri, West Lexington, and Zaneville ; fifteen in number. If we count against it, also, the thirty-three Presbyteries which have not answered regularly at all, there is an aggregate of one hundred ana five in rejecting the Basis ; the great majority of these, however, indicating plainly a desire for Reunion, on terms that will not override the Confession of Faith with any special stipulations. Another peculiarity in most of these answers is, deliverance on a ques- tion which was not sent down to the Presbyteries at all, by the General Assembly, viz., Whether the General Assembly should be authorized to consummate Reunion with the other Branch on a different basis from that which was overtured, without sending this also down to the Presbyteries? 88 FORM OF GOVERNMENT. This different basis, though mentioned with great variety of formula, h the Standards of the Presbyterian Church, without qualification. The Presbyteries favoring immediate consummation by the General Assem- bly are not agreed among themselves that the Assembly really has this power, and many of them submit the question doubtfully and conditionally. They are the following, viz., Albany, Buffalo City, Chicago, Chillicothe, Cincinnati, Connecticut, Des Moines, Dubuque, Erie, Highland, Lafayette, Leavenworth, Luzerne., Madison, Marion, Maumee, Miami, Missouri River, Monmouth, Muhlenberg, Nassau, Neosho, New Lisbon, New Orleans, New York, New York Second, Ohio, Peoria, Philadelphia Central, Raritan, Richland, Schuyler, Sidney, Southwest Missouri, Steubenville, Topeka, Vinton, Warren, Washington, West Jersey, and Wooster ; forty-one in number. But against such consummation the following Presbyteries have declared themselves ; some of them, because it is inexpedient, and others, with solemn protest, because it is unconstitutional. They are, Blairsville, Bloomington, Bureau, Burlington, Concord, Dane, Donegal, Ebenezer, Genesee River, Hudson, Huntingdon, Iowa, Lewes, Louisville, Michigan, New Brunswick, New Castle, Newton, North River, Northumberland, Paducah, Philadelphia, Potomac, Potosi, St. Clairsville, Transylvania, Western Reserve, West Lexington, Winnebago, and Zanesville ; thirty in number. Adding to these the Presbyteries which are silent on the subject, whether answering or not the overture sent down, we have an aggregate against consummation by the General Assembly itself of owe hundred and three. Another deliverance, on a question not overtured by the Assembly, is made by seven Presbyteries, to the effect that they are willing to dispense with the tenth article of the Basis, respecting the right of examination, for the sake of consummating the Reunion. These are, Allegheny City, Cincinnati, Kaskaskia, Miami, Nashville, Washington, and Wooster. — 1869, pp. 947, 948, O. S. b. Of the New School. The Special Committee appointed to collate the answers of the Presby- teries to the Overture on the subject of Reunion sent down to them by order of the last Assembly, respectfully report: That the following Presbyteries have expressed their approval, giving their consent to the Reunion of the two branches of the Presbyterian Church in the United States, on the basis proposed by the Joint Committee of thirty, and ap- proved by the two Assemblies meeting in May, 1868, respectively, in Albany, N. Y., and Harrisburg, Pa., viz.: — Champlain, Troy, Albany, Columbia, Catskill, St. Lawrence, Watertown, Oswego, Utica, Onondaga, Cayuga, Cortland, Tioga, Geneva, Steuben, Chemung, Ithaca, Wellsbor- ough, Lyons, Otsego, Chenango, Delaware, Buffalo, Ontario, Rochester, Genesee, Niagara, Genesee Valley, Hudson, North River, Long Island, New York 3d, New York 4th, Brooklyn, Newark, Rockaway, Montrose, Wilmington, Philadelphia 3d, Philadelphia 4th, Harrisburg, Erie, Mead- ville, Pittsburg, Monroe, Marshall, Kalamazoo, Coldwater, Lansing, Grand River, Huron, Trumbull, Cleveland and Portage, Athens, Pataskala, Franklin, Scioto, Cincinnati, Ripley, Dayton, Hamilton, Salem, Madison, Indianapolis, Green Castle, Crawfordsville, St. Joseph, Logansport, Fort Wayne, Illinois, Schuyler, Wabash, Alton, Ottawa, Knox, Bloomington, Milwaukie, Fox River, Columbus, Lake Superior, Des Moines, Keokuk, PKELIMXNARY PRINCIPLES. 89 Iowa City, Dubuque, Cedar Rapids, Omaha, Mankato, Minnesota, Dakota, St. Louis, Osage, Lexington, Kansas, Union, Holston, San Francisco, Northern Missouri, Nevada, San Jose, and Humboldt. In all 100. The following Presbyteries have answered the overture in the negative : District of Columbia, Detroit, Washtenaw, Chicago. — 4. The Committee also report, for the information of the Assembly, the action of its Presbyteries on the general subject of Reunion in the follow- ing particulars : First, the Presbyteries assenting to the amending of the Basis by the omission, first, of that part of the Basis in the first article which begins with the words " it being understood," and ends with the words " in the separate churches ;" and, second, of the whole of the tenth article; are as follows: Troy, Albany, Columbia, Watertown, Utica, Onon- daga, Cayuga, Cortland, Geneva, Chemung, Wellsborough, Tioga, Otsego, Ontario, Rochester, Genesee, Genesee Valley, Hudson, North River, Long Island, New York 3d, New York 4th, Brooklyn, Newark, Montrose, Philadelphia 4th, Harrisburg, District of Columbia, Erie, Detroit, Mon- roe, Marshall, Saginaw, Lansing, Grand River, Huron, Trumbull, Cleve- land and Portage, Maumee, Athens, Pataskala, Franklin, Scioto, Cincin- nati, Ripley, Dayton, Salem, Indianapolis, Green Castle, Crawfordsville, St. Joseph, Logansport, Fort Wayne, Illinois, Schuyler, Wabash, Ottawa, Knox, Chicago. Bloomington, Fox River, Lake Superior, Des Moines, Mankato, Minnesota, Winona, Dakota, St. Louis, Lexington, Chariton, Cedar Rapids, Belvidere, San Jose, Humboldt, Holston. — 75. The Pres- byteries expressing their dissent to these proposed amendments of the Basis are : Catskill, Pittsburg, Dubuque. — 3. The following Presbyteries express rather a preference or a willingness to have the Reunion accomplished upon the simple Basis of the standards: Genesee Valley, Wilmington, Meadville, Pataskala, Rochester, Niagara, Huron, Cincinnati, Dayton, Hamilton, Columbus, Kansas, Chariton, Che- nango. — 14. The Presbyteries of Scioto, Logansport, Ottawa, Lyons, and Northern Missouri add to this expression of their willingness to have the Reunion thus accomplished, the condition that three-fourths " of the Presbyteries assent," The following Presbyteries express a desire that the General Assembly should consummate this Reunion without again referring the proposed Basis of it to them, and in their own language empower and authorize the Assembly so to do: Champlain, Troy, Albany, St. Lawrence, Watertown, Oswego, Cayuga, Otsego, Buffalo, North River, Detroit, Grand River Val- ley, Athens, Ripley, Madison, Wabash, Keokuk, Mankato, St. Louis, Hum- boldt, Winona, Steuben, Knox, Iowa City, Galena, and Belvidere. — 26. The Presbyteries of Philadelphia 4th and Pittsburg express their op- position to Reunion upon any basis that has not been specially approved by a majority of the Presbyteries of each class. Several Presbyteries append to their action on this question certain con- ditions besides those already mentioned. These are as follows : The Pres- bytery of Knox, in assenting to the proposed amendment of the first ar- ticle of the basis, add, "Provided all reasonable liberty in interpretation be not relinquished." The Presbytery of Philadelphia 4th say, " It must, however, be well understood that, by agreeing to the omissions in question, the Presbytery do not relinquish nor deny the right to all reasonable liberty in the state- ment of views and the interpretation of the standards, not impairing the integrity of the Calvin istic system." The Presbytery of Huron passed the following resolution: 12 90 FOEM OF GOVERNMENT. Resolved, That we say to the General Assembly that in any case we shall always claim the right, according to the constitution of the Church and the Plan of Union, to deal w T ith the Congregational churches now on our roll without interference from the higher judicatories of the Church. The Presbytery of Maumee ask for certain specified changes in the second article of the basis, and would have it construed as directory and advisory, and not as imperative. The Presbytery of Washtenaw, in replying negatively to the motion of the Assembly, express conviction that the first step in the negotiations for Reunion should be the repeal of the exscinding acts and the imperative rule in respect to Presbyterial examinations. — 1869, pp. 259-261, N. S. 28. GENERAL ASSEMBLIES OF 1869, AT NEW YORK.. A NEW JOINT COMMITTEE APPOINTED. a. ,[On the First day of the session.] On motion of Dr. Musgrave, the following was unanimously adopted : Resolved, That a Committee of Conference, consisting of five Ministers and five Ruling Elders, be appointed to confer with a similar Committee, if appointed by the other General Assembly now in session in this city, on the subject of the Reunion of the two branches of the Presbyterian Church ; to report during the present sessions, and at as early a day as practicable, what further action, if any, should be taken on the subject. The Moderator appointed as said Committee : Ministers — George W. Musgrave, D. D., A. G. Hall, D. D., L. H. Atwater, D. D., Willis Lord, D. D., and Henry R. Wilson, D. D. Ruling Elders — Robert Carter, J. C. Grier, Charles D. Drake, Henry Day, and William M. Francis. — 1869, p. 890, O. S. b. Resolved, That a Committee of five ministers and five elders be ap~ pointed to-morrow morning, by the Moderator, to confer with any like Committee of the Assembly of the other Branch, on the subject of Reunion. Ministers. — William Adams, D. D., Robert W. Patterson, D. D., Sam- uel W. Fisher, D. D., LL. D., Jonathan F. Stearns, D. D., James B. Shaw, D. D. Elders — Hon. William Strong, Hon. Daniel Haines, Hon. William E. Dodge, Hon. Jacob S. Farrand, Hon. John L. Knight. — 1869, pp. 252-257, N. S. 29. The following- Report of the Joint Committee was presented in both Assemblies. The Committee of Conference appointed by the two General Assemblies has attended to the duty assigned to it ; and after a very free interchange of views, with prayer to Almighty God for his guidance, is unanimous in recommending to the Assemblies for their consideration, and, if they see fit, their adoption, the accompanying three papers, to wit: 1. Plan of Reunion of the Presbyterian Church in the United States of America; 2. Concurrent Declarations of the General Assemblies of 1869; and 3. Recommendation of a Day of Prayer. I. PLAN OF REUNION OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. Believing that the interests of the Redeemer's kingdom would be pro- moted by the healing of our divisions, and that the two bodies bearing the same name, having the same Constitution, and each recognizing the other PRELIMINARY PRINCIPLES. 91 as a sound and orthodox body according to the principles of the Con- fession common to both, cannot be justified by any but the most impera- tive reasous in maintaining separate and, in some respects, rival organiza- tions ; we are now clearly of the opinion that the reunion of those bodies ought, as, soon as the necessary steps can be taken, to be accomplished, upon the Basis hereinafter set forth : 1. The Presbyterian Churches in the United States of America, namely, that whose General Assembly convened in the Brick Church in the city of New York, on the 20th day of May, 1869, and that whose General Assembly met in the Church of the Covenant in the said city, on the same day, shall be reunited as one Church, under the name and style of the Presbyterian Church in the United States of America, possessing all the legal and corporate rights and powers pertaining to the Church pre- vious to the division in 1838, and all the legal and corporate rights and powers which the separate Churches now possess. 2. The reunion shall be effected on the doctrinal and ecclesiastical basis of our common Standards ; the Scriptures of the Old and New Testa- ments shall be acknowledged to be the inspired word of God, and the only infallible rule of faith and practice ; the Confession of Faith shall con- tinue to be sincerely received and adopted as containing the system of doctrine taught in the Holy Scriptures ; and the Government and Dis- cipline of the Presbyterian Church in the United States shall be approved as containing the principles and rules of our polity. 3. Each of the said Assemblies shall submit the foregoing Basis to its Presbyteries, which shall be required to meet on or before the 15th day of October, 1869, to express their approval or disapproval of the same, by a categorical answer to the following question : Do you approve of the reunion of the two bodies now claiming the name and rights of the Presbyterian Church in the United States of America, on the following basis, namely : " The reunion shall be effected on the doctrinal and ecclesiastical basis of our common Standards ; the Scriptures of the Old and New Testaments shall be acknowledged to be the inspired word of God, and the only infallible rule of faith and prac- tice ; the Confession of Faith shall continue to be sincerely received and adopted as containing the system of doctrine taught in the Holy Scrip- tures ; and the Government and Discipline of the Presbyterian Church in the United States shall be approved as containing the principles and rules of our polity?" Each Presbytery shall, before the 1st day of November, 1869, forward to the Stated Clerk of the General Assembly with which it is connected, a statement of its vote on the said Basis of Reunion. 4. The said General Assemblies now sitting shall, after finishing their business, adjourn, to meet in the city of Pittsburg, Pennsylvania, on the second Wednesday of November, 1869, at eleven o'clock, A. M. If the two General Assemblies shall then find and declare that the above-named Basis of Reunion has been approved by two-thirds of the Presbyteries connected with each branch of the Church, then the same shall be of binding force, and the two Assemblies shall take action accord- ingly. 5. The said General Assemblies shall then and there make provision for the meeting of the General Assembly of the United Church on the third Thursday of May, 1870. The Moderators of the two present Assemblies shall jointly preside at the said Assembly of 1870 until another moder- ator is chosen. The moderator of the Assembly now sitting at the Brick Church aforesaid, shall, if present, put all votes, and decide questions 92 FOEM OF GOVERNMENT. of order; and the Moderator of the other Assembly shall, if present, preach the opening Sermon ; and the Stated Clerks of the present Assem- blies shall act as Stated Clerks of the Assembly of the united Church until a Stated Clerk or Clerks shall have been chosen thereby ; and no Commissioner shall have a right to vote or deliberate in said Assembly until his name shall have been enrolled by the said Clerks, and his com- mission examined and filed among the papers of the Assembly. 6. Each Presbytery of the separate Churches shall be entitled to the same representation in the Assembly of the united Church in 1870 as it is entitled to in the Assembly with which it is now connected. II. CONCUKKENT DECLAKATIONS OF THE GENEKAL ASSEM- BLIES OF 1869. As there are matters pertaining to the interests of the Church when it shall have become reunited, which will manifestly require adjustment on the coming together of two bodies which have so long acted separately, and concerning some of which matters it is highly desirable that there should be a previous good understanding, the two Assemblies agree to adopt the following declarations, not as articles of compact or covenant, but as in their judgment proper and equitable arrangements, to wit: 1. All the ministers and churches embraced in the two bodies should be admitted to the same standing in the united body, which they may have held in their respective connections, up to the consummation of the union. 2. Imperfectly organized churches are counseled and expected to be- come thoroughly Presbyterian, as early within the period of five years as may be permitted by the highest interests to be consulted ; and no other such churches shall be hereafter received. 3. The boundaries of the several Presbyteries and Synods should be adjusted by the General Assembly of the united Church. 4. The official records of the two Branches of the Church, for the period of separation, should be preserved and held as making up the one history of the Church; and no rule or precedent, which does not stand approved by both the bodies, should be of any authority, until re-estab- lished in the united body, except in so far as such rule or precedent may affect the rights of property founded thereon. 5. The corporate rights, now held by the two General Assemblies, and by their Boards and Committees, should, as far as practicable, be con- solidated, and applied for their several objects, as defined by law. 6. There should be one set of Committees or Boards for Home and Foreign Missions, and the other religious enterprises of the Church ; which the churches should be encouraged to sustain, though free to cast their contributions into other channels, if they desire to do so. 7. As soon as practicable after the union shall have been effected,, the General Assembly should reconstruct and consolidate the several Per- manent Committees and Boards, which now belong to the two Assemblies, so as to represent, as far as possible, with impartiality, the views and wishes of the two bodies constituting the united Church. 8. The publications of the Board of Publication and of the Publication Committee should continue to be issued as at present, leaving it to th« Board of Publication of the united Church to revise these issues, and per- fect a catalogue for the united Church so as to exclude invidious refer- ences to past controversies. 9. In order to a uniform system of ecclesiastical supervision, those PRELIMINARY PRINCIPLES. 93 Theological Seminaries that are now under Assembly control may. if their Boards of Direction so elect, be transferred to the watch and care of one or more of the adjacent Synods ; and the other Seminaries are ad- vised to introduce, as far as may be, into their Constitutions, the principle of Synodical or Assembly supervision ; in which case, they shall be entitled to an official recognition and approbation on the part of the General Assembly. 10. It should be regarded as the duty of all our judicatories, ministers, and people of the united Church, to study the things which make for peace, and to guard against all needless and offensive references to the causes that have divided us ; and, in order to avoid the revival of past issues, by the continuance of any usage in either branch of the Church that has grown out of former conflicts, it is earnestly recommended to the lower judicatories of the Church that they conform their practice in re- lation to all such usages, as far as is consistent with their convictions of duty, to the general custom of the Church prior to the controversies that resulted in the separation. III. RECOMMENDATION OF A DAY OF PRAYER. That the counsels of infinite Wisdom may guide our decisions, and the blessings of the great Head of the Church rest upon the result of our efforts for Reunion, it is earnestly recommended to the churches throughout both branches of the Presbyterian Church, that they observe the second Sabbath in September, 1869, as a day of fervent and united prayer to Al- mighty God, that he would grant unto us all "the spirit of counsel and might, the spirit of knowledge and of the fear of the Lord," and, in the new relations now contemplated, enable us to " keep the unity of the Spirit in the bonds of peace." 30. [The foregoing report was adopted by the Old School Assembly, by a vote of yeas 285, nays 9 (p. 914) ; by the New School Assembly unani- mously (p. 275), when — J a. On motion of Ruling Elder Henry Day, it was Resolved, That in pursuance of the foregoing action of this Generaj Assembly, the Basis of Reunion now adopted be sent down to the Presby- teries for their approval or disapproval, and each Presbytery is hereby required to meet on or before the 15th day of October, 1869, to express its approval or disapproval of the same by a categorical answer to the follow- ing question : Do you approve of the Reunion of the two bodies now claiming the name and rights of the Presbyterian Church in the United States of America, on the following Basis, viz. : " The Reunion shall be effected on the doc- trinal and ecclesiastical Basis of our common standards ; the Scriptures of the Old and New Testaments shall be acknowledged to be the inspired word of God, and the only infallible rule of faith and practice ; the Con- fession of Faith shall continue to be sincerely received and adopted as con- taining the system of doctrine taught in the Holy Scriptures ; and the Government and Discipline of the Presbyterian Church in the United States shall be approved as containing the principles and rules of our polity" ? Each Presbytery is also hereby required, before the first day of Novem- ber, 1869, to forward to the Stated Clerk of this General Assembly a statement of its vote on the said Basis of Reunion. — 1869, pp. 916, 917, O. S. b. Resolved, That this Assembly does hereby submit to the Presbyteries in connection with it the Basis of Reunion adopted May 27, 1869 ; 94 FORM OF GOVERNMENT. and that the Presbyteries be required to meet on or before October 15th, 1869, to express their approval or disapproval of the same by a categori- cal answer to the following question : Do you approve of the Reunion of the two bodies now claiming the name and rights of the Presbyterian Church in the United States of America, on the following Basis, namely : " The Reunion shall be effected on the doctrinal and ecclesiastical Basis of our common standards ; the Scriptures of the Old and New Testaments shall be acknowledged to be the inspired word of God, and the only infallible rule of faith and prac- tice ; the Confession of Faith shall continue to be sincerely received and adopted as containing the system of doctrines taught in the Holy Scrip- tures ; and the Government and Discipline of the Presbyterian Church in the United States shall be approved as containing the principles and rules of our polity" ? Resolved, That each Presbytery shall, before the first day of November, 1869, forward to the Stated Clerk of the General Assembly a statement of its vote on the said Basis of Reunion. — 1869, p. 283, N. S. [In accordance with the plan adopted above, the two Assemblies ad journed to meet in Pittsburg, Pa., Nov. 10, A. D. 1869, at 11 o'clock a. m., The one in the First Church, the other in the Third Church.] 31. Assemblies at Pittsburg-, 1869. a. The report of the Stated Clerk, Rev. A. T. McGill, D. D., on the vote of the Presbyteries, was read and amended, so as simply to give the result of the vote, after which it was adopted, and is as follows : The Presbyteries in connection with this General Assembly have all reported, in writing, on the overture of Reunion, as ordered in the Brick Church, at New York, except the following eleven, viz., Austin, Corisco, Knox, Knoxville, Maury, Milwaukee, Ogdensburg, Shantung, Siam. Stockton, and Western Africa. The Stated Clerk of the Santa Fe Presby- tery has reported by letter that it is impossible for this Presbytery to have a meeting, in present circumstances. The Presbyteries of Allahabad and Canton, being unable to meet within the time specified, have sent circulars, signed by a majority of each, to indicate the will of the Presbytery, in favor of Reunion, as now proposed ; but these are not counted in de- claring the result. Another Presbytery, Lahore, formed by the Synod of Northern India, in December last, but not regularly reported as yet by any officer of that Synod, has sent its answer to this Overture, in written form, and this has been counted, on the presumption that the Assembly will recognize, at this meeting, the existence of that Presbytery on the roll. We have thus one hundred and forty-four Presbyteries. One hundred and twenty-six of these have answered the Overture sent down affirma- tively, in writing. Three, viz., Hudson, Rio de Janeiro, and West Lex- ington, have answered in the negative. On motion, it was ordered that the Stated Clerk admit to record the answer of the Presbytery of Lahore to the Overture on Reunion. The Assembly was, on motion, led in prayer by Rev. John Hall, D. D., in gratitude for the result of the negotiations on Reunion, and the doxol- ogy was sung.— 1869, p. 1158, O. S. b. The Stated Clerk presented the Report of the Presbyteries on the Overture for Reunion, as follows : Report of the Stated Clerk of the General Assembly of the Presby- terian Church in the United States of America, on the answers of the Presbyteries to the overtures on the Reunion of the two Branches of the Church : PRELIMINARY PRINCIPLES. 95 The number of Presbyteries connected with this General Assembly is one hundred and thirteen. Official responses have been received from every one of them. They have all answered the overture in the affirmative. In each of the Presbyteries of Albany, Wellsboro', and the District of Co- lumbia a single negative vote was cast. In each of the remaining one hundred and ten Presbyteries the vote was unanimous. Kespectfully submitted. Edwin F. Hatfield, Stated Clerk. Pittsburg, Pa., Nov. 10th, 1869. The Assembly united in prayer and thanksgiving to God for this au- spicious result,— 1869, p. 485, N. S. 32. Report of Joint Committee of Conference. "The Joint Committee of Conference on Reunion" presented its Re- port, which was adopted, and is as follows, viz. : 1. That each Assembly should declare the vote of the Presbyteries in the following language : " This Assembly having received and examined the statements of the votes of the several Presbyteries, on the Basis of Reunion of the two bod- ies, now claiming the name and rights of the Presbyterian Church in the United States of America, which basis is in the words following, viz., ' The Reunion shall be effected on the doctrinal and ecclesiastical Basis of our common standards ; the Scriptures of the Old and New Testament shall be acknowledged to be the inspired word of God, and the only infallible rule of faith and practice ; the Confession of Faith shall continue to be sincerely received and adopted, as containing the system of doctrine taught in the Holy Scriptures, and the government and discipline of the Presbyterian Church in the United States shall be approved, as contain- ing the principles and rules of our polity:' Does hereby find and declare that the said Basis of Reunion has been approved by more than two- thirds of the Presbyteries connected with this branch of the Church: and whereas the other branch of the Presbyterian Church in the United States of America, now sitting in the Third [or, the First] Presbyterian Church in the City of Pittsburg, has reported to this Assembly that said Basis has been approved by more than two-thirds of the Presbyteries con- nected with that branch of the Church, now, therefore, we do solemnly declare that said Basis of Reunion is of binding force." 2. This Committee recommends that a Special Committee of five from each branch of the Church, shall be appointed to take into consideration the affairs of each of the Boards and Committees of both branches of the Church, and to recommend to the Assembly of the united Church, next to be held, what changes are required in said Boards and Committees. 3. That each Assembly shall also pass the following: Whereas, it is apparent, from the size of the two Assemblies, that some changes must be made in the present method of representation : therefore, Resolved, That each of the Assemblies of 1869 shall appoint a Committee of five, to con- stitute a joint committee of ten, whose duty it shall be to prepare and propose to the General Assembly of the united Church a proper adjust- ment of the boundaries of the Presbyteries and Synods, and the ratio of representation, and any amendments of the Constitution which they may think necessary to secure efficiency and harmony in the administration of the Church, so greatly enlarged, and so rapidly extending. 4. That the Assemblies shall meet at 9 o'clock on Friday morning next, and that the vote of the Presbyteries be declared in each Assembly at 10 o'clock, and that each Assembly be then dissolved in the usual manner 96 FORM OF GOVERNMENT. prescribed by the Form of GovemmeDt. That each Assembly shall im- mediately repair to the Third Presbyterian Church, in this city, there to hold a joint meeting for prayer and praise ; and that a joint communion service be held on the same day, at three o'clock in the afternoon. That all business before each Assembly shall be concluded this (Thurs- day) evening, and no new business taken up thereafter. 5. That a Committee of Arrangements, consisting of two from each Church, be appointed to decide upon the form, manner, and place of our public meeting, and to prepare a statement upon the subject of raising funds for the use of the Church, which shall be read to said meeting. It is proposed that the Eev. A. G. Hall, D.D., Robert Carter, Esq., Rev. S. W. Fisher, D. D., and William E. Dodge, Esq., be appointed said committee. 6. That the first meeting of the General Assembly of the united Church be held in the First Presbyterian Church in the City of Philadelphia, on the third Thursday of May, A. D. 1870, at 11 o'clock, A. M. —1869, pp. 1159, 1160, O. S. —1869, pp. 495, 496, N. S. 33. Consummation of the Reunion Declared. The Declaration was adopted unanimously in both Assemblies, by a rising vote, as follows, viz. : This Assembly having received and examined the statement of the votes of the several Presbyteries on the Basis of the Reunion of the two bodies now claiming the name and the right of the Presbyterian Church in the United States of America, which basis is in the words following, namely : " The Union shall be effected on the doctrinal and ecclesiastical Basis of our common standards; the Scriptures of the Old and New Testa- ment shall be acknowledged to be the inspired word of God and the only infallible rule of faith and practice ; the Confession of Faith shall con- tinue to be sincerely received and adopted as containing the system of doctrine taught in the Holy Scriptures ; and the government and dis- cipline of the Presbyterian Church in the United States, shall be ap- proved as containing the principles and rules of our polity:" Does hereby find and declare that said Basis of Union has been approved by more than two-thirds of the Presbyteries connected with this branch of the Church — and whereas the other branch of the Presbyterian Church in the United States, now sitting in the Third [or, the First] Presbyterian Church in the City of Pittsburg, has reported to this Assembly that said basis has been approved by more than two-thirds of the Presbyteries con- nected with that branch of the Church : now therefore we do solemnly declare that said basis of Reunion is of binding force. * —1869, p. 1163, O. S. —1869, p. 500, N. S. 34. The Reunion Convention. Pittsburg, Pa., Friday, November 12, 1869. The two General Assemblies of the Presbyterian Church, meeting re- spectively in the First and Third Churches of Pittsburg, Pa,, having both been in due form dissolved on Friday, November 12, 1869, at 10 o'clock a.m., a Joint Convention, in accordance with previous mutual agree- ment, was held immediately after in the Third Church. The members of the late K S. Assembly, preceded by their Moderator, Clerks, and Keunion Committee, formed in order, two by two, and pro- ceeded from the Third Church down Sixth Avenue to Wood street, and PKELIMINARY PRINCIPLES. 97 took position on the west side of the street, opposite the First Church. At the same time, the members of the late O. S. Assembly, preceded in like manner by their Moderator, Clerks, and Reunion Committee, came forth from the First Church and took position on the east side of the street, directly opposite the other column, the head of each line looking south toward Fifth Avenue. The following gentlemen had been appointed, and consented to serve as marshals of the day : Gen. J. K. Morehead and Messrs. John D. McCord, William Rea, and George H. Stuart. The signal for the march having been given, the two Moderators met in the middle of the street, shook hands, and joined arms ; as was done also by the Stated Clerks, the Permanent and Temporary Clerks, the two Re- union Committees, and the remainder of the two columns — the joint pro- cession meanwhile marching forward, two by two, Old and New School interlocked along the whole line, down Wood street and up Fifth Avenue, Smithfield street and Sixth Avenue (the whole distance attended by a re- joicing crowd of people), to the Third Church. As the procession entered by the right middle aisle, Wesley's noble hymn, " Blow ye the trumpet, blow," etc., was sung by the choir and the ladies, who had been previously admitted to 'Beats assigned them. The greater part of the procession found seats on the immense platform occupying the southern end of the great Church, the remainder occupying the pews in front of the platform ; after which the doors were opened, and the house was immediately thronged to its utmost capacity. The services commenced at 11 o'clock A. M., and were continued with unwearied interest for more than three hours. Addresses were made by the Moderators and others, both ministers and elders, previously designated, intermingled with prayer and songs of devout praise and thanksgiving. The following preamble and resolutions, reported in behalf of the Com- mittee of Arrangements, by the Rev. S. W. Fisher, D. D., LL. D., were passed unanimously : PREAMBLE AND RESOLUTIONS ADOPTED IN JOINT CONVENTION BY THE MEMBERS OF THE TWO ASSEMBLIES— NOV. 12, 1869. In the Providence of God, the two Branches of the Presbyterian Church in the United States of America, after a separation of more than thirty years, are again united. This event, in its magnitude, is unparal- leled in the ecclesiastical history of this country and almost of the world. It evidences to all men the presence and unifying power of the Divine Spirit. A fact so remarkable and significant attracts interest and creates expectation among even worldly minds. It awakens the sympathies and the hopes of all who truly love Christ among other denominations. It awakens hope, since it illustrates the evident purpose of God to bring all his followers into closer union in spirit, combine them in actiou for the overthrow of error and the diffusion of his truth ; it awakens expectation, since they justly anticipate, on our part, from this union of resources, spirit, and action, a far more vigorous assault upon the forces of darkness and more decided efforts to spread the Gospel among all classes in our own and other lands. To us, as a Church, it is an era in our history most memorable and hopeful; memorable, as it signalizes the triumph of faith and love over 13 41 FORM OF GOVERNMENT. the strifes and jealousies of more than a quarter of a century; hopeful, since it is not the result of decadence and torpor, but of progress and augmented strength. It buries the suspicions and the rivalries of the past, with the sad necessity of magnifying our differences in order to jus- tify our separation. It banishes the spirit of division, the natural foe of true progress. In this union are seen the outflashing of a divine purpose to lead us on to greater self-sacrifice, and a more entire consecration to the evangelization of the world. God has elevated us to this command- ing position, that we may see his glory, and in the strengthened faith it inspires devote our united resources more directly and efficiently to the salvation of men. New and grander responsibilities rest upon us. Jesus summons us to a holier faith and more perfect consecration. He sum- mons this Church to answer his loving-kindness by deeds commensurate with our renewed resources. The times are auspicious; every where peace reigns ; the gates are open, and the millious of our own and other lands wait for the Gospel. Our position is commanding ; our resources great ; our methods of action well settled, simple, and efficient. The Spirit of God that has united us will inspire, direct, and bless our efforts. While we maintain the faith which Paul so fully unfolded, and our Church, in the centuries past, has, through manifold persecution and martyrdom, so gloriously upheld, we are summoned, as by the will of God, to arise and build, to form new, broader, and bolder plans for the extension of Christ's kingdom, and to enter upon and execute them with apostolic enthusiasm. Let us then, the ministers, elders, and members of this Church here assembled, as, in spirit, standing in the presence of and representing the entire body of believers in our connection, and the beloved missionaries in foreign lands who now await, with tender and prayerful interest, this con- summation of our union, — let us, in humble dependence upon our dear Redeemer, with deep humility in view of our past inefficiency and present unworthiness, and as an expression of our devout gratitude to Him who has brought this once dissevered, now united Church up to this Mount of Transfiguration, signalize this most blessed and joyous union with an offer- ing in some good degree commensurate with the abundant pecuniary gifts that he has bestowed on us. And, to this end, be it Resolved, That it is incumbent on the Presbyterian Church in the United States of America, one in organization, one in faith, and one in effort, to make a special offering, to the treasury of the Lord, of FIVE MILLIONS OF DOLLARS : and we pledge ourselves, first of all, to seek in our daily petitions the blessing of God to make this resolution effectual; and second, that we will, with untiring perseverance and per- sonal effort, endeavor to animate the whole Church with the purpose to secure the accomplishment of this great work before the third Thursday of May, 1871. 34. Resolved, further, That the Stated Clerks of the Assemblies of 1869 be requested to publish this paper, with the names of the Moderators, Clerks, and Joint Committee on Reunion, and the Commissioners now in attendance, appended thereto. At 3? o'clo ;k P. M., the Convention united in the celebration of the Lord's Supper at the First Presbyterian Church, which also was thronged in every part. 1869, pp. 502-504, N. S. 1H69 m). 1165-1167fO. S. PKELIMINARY PRINCIPLES. 99 35. The Memorial Contribution. On the subject of the Five Million Memorial Fund, the Joint Com- mittee (all the members being present but two, who were hindered by un- avoidable engagements), after most careful and anxious deliberation, agreed unanimously upon the following resolutions: 1. That notwithstanding we find, on examination, that the terms of the resolution adopted on the subject by the General Assemblies recently met at Pittsburg, Pa., do not distinctly enjoin the duty of raising the pro- posed " Memorial Fund" upon this joint Committee ; yet, being fully per- suaded that the general voice and expectation of the Church have deter- mined, that this service fairly belongs to the Committee; and, further, inasmuch as funds for this object have already been tendered to us, we as- sume this to be a duty embraced within the intention of the Assemblies in our appointment ; and therefore we conclude to initiate this work at once, and to conduct it until the meeting of the General Assembly. 2. That, in the judgment of this Joint Committee, it is not within the intention of the Church, to include in this fund the ordinary contributions to the Church's stated work (which in our new position should be greatly advanced), but to create and strengthen permanent institutions at home and abroad, to meet such extraordinary claims as arise out of our new position, and to effect such objects as properly commemorate our Union. By these we mean : I. Theological Seminaries, Colleges, and Seminaries for the education of our daughters, including buildings and endowments of the same ; it being understood that such Institutions shall be chartered, and shall be in connection with the Presbyterian Church. II. Literary Institutions for the raising of a native Gospel ministry in heathen lands. III. Church buildings and Manses originating subsequently to the Union, and otherwise entitled to public aid ; Hospitals and Orphan Asy- lums in connection with the Church. IV. Institutions for the education and evangelization of the Freedmen. V. Special contributions for the establishment of a permanent Susten- tation Fund, which shall include funds to be appropriated for the support of Disabled Ministers and their Families. At the same time the Committee announced, that the Hon. William E. Dodge, as Treasurer, in accordance with the recommendation of the Con- vention, would receive donations for these objects, said donations to be ap- plied hereafter, at the discretion of the General Assembly. These resolutions were extensively published, and, while much diversity of view appears to prevail regarding details, their leading principle ap- pears to have secured general acceptance, and in various quarters efforts have been inaugurated in accordance with it. The Committee having considered what practical measures should be suggested to the General Assembly, with a view to realizing the Five Million Memorial Fund before the third Thursday in May, 1871, accord- ing to a resolution of the Pittsburg Convention, It was unanimously agreed to recommend — 1st. The appointment of a Committee for the raising and disposition of this fund, subject to the principles now agreed upon. 2d. That this Committee shall examine the claims of particular insti- tutions seeking to enjoy the benefit of the fund, either by direct appropri- ation, or their own efforts, the results of which are reckoned as part of the fund. 100 FORM OF GOVERNMENT. 3d. That, in addition to other efforts, a collection be made in all our congregations, as nearly simultaneously as practicable, during the month of January, 1871, when the ministers, having prepared the way, by keep- ing the subject constantly before the people in the interval, shall more specially urge the contribution upon them. 4th. That the Committee constituted by the first resolution, be in- structed to prepare and forward to each congregation through the pastor, stated supply, or session, to be laid before each member of the congrega- tion, a clear, distinct and minute plan for subscribing, reporting, collecting and forwarding the amounts contributed to this fund, and also to prepare and send suitable blanks for these purposes. 5th. That our Presbyteries and Synods be instructed, at their fall meet- ings, to make careful inquiry of each pastor and elder, and know if these subscriptions have been presented to the individuals of all our congrega- tion ; and in cases of failure to take such measures as may best secure this result.— 1870, pp. 74, 75. The Committee On the Memorial Fund : Messrs. Winthrop S. Gilman, J. Crosby Brown, John E. Parsons, Alex- ander Whilldin, Benjamin F. Butler, Isaac Scarritt, William T. Booth, Archibald McClure, Jr., and George Junkin. — 1870, p. 123. 36. Report of the Committee on the Memorial Fund. The unfinished business of the morning session was resumed, and, after further discussion, suspended, to take up the second order of the day, viz.: the Report of the Committee on the Five Million Memorial Fund. Mr. Winthrop S. Gilman, Chairman of the Committee, made a brief state- ment, after which the Report of the Committee was presented by the Rev. Frank F. Ellinwood, D. D., the Secretary of the Committee, as follows : — The Committee appointed to raise and disburse the Five Million Memo- rial Fund was organized at 47 Exchange Place, New York, June 17th, 1870, the Chairman, Winthrop S. Gilman, presiding. It was resolved, that Hon. William E. Dodge be requested to continue in office as Treas- urer, and Rev. F. F. Ellinwood was appointed Corresponding Secretary for one year, for the general supervision of the work. Steps were imme- diately taken to lay before the churches a distinct plan for subscribing, collecting, reporting, and remitting their offerings according to the direc- tion of the Assembly. The Committee learned that, during the interval between the passage of the organized resolution at Pittsburg and the final ratification at Phil- adelphia, only about $1900 had been contributed to the Central Treasury, though beginnings had been made in various forms of home work among the churches. The greater part of the $5,000,000 was yet to be raised, and eleven months remained for the work. The small amount which had thus far been contributed, the wide differ- ences of opinion in the Church as to the uses which should be made of the fund, and the general demand that the people should be allowed to judge of the wisdom and necessity of their own disbursements, rendered it plain that success could be attained only by adopting a policy, as liberal as the instructions of the Assembly would permit. The great object in view, as the Committee conceived it, was to render memorable the Presbyterian Reunion by an enlargement and strengthen- ing of all the structural interests of the Church as a permanent token of gratitude to God. PRELIMINARY PRINCIPLES. 101 The motive of highest utility must be coupled with that of commemo- ration. Even aside from the question of what was feasible and what was not, of what might succeed and what would inevitably fail, it seemed more important to secure the greatest possible advancement of the kingdom of Christ, than to present imposing results before men. Evidently no Com- mittee could realize so large an amount as five millions of dollars, without seeking the co-operation and subsidizing the manifold interests of the wmole Church. Each .Synod and each Presbytery must take up its own work ; every institution of learning must stimulate the exertions of its Alumni and its local friends ; and every feeble congregation must seize the opportunity, both of quickening its own efforts, and of gaining help from others. The Committee have, therefore, from the first, endeavored to provoke the diligence of the churches in those forms of work, within the prescribed classes, which in their judgment should present the strong- est claim to their liberality. They have, however, urged particularly the general objects named by the Assembly, and have invariably presented the highest and most spiritual motives. As far as possible, the Committee have been personally represented in the various Synods, and in union meetings of the churches in the larger towns. In order to secure the more thorough co-operation of the West and North-west, Rev. A. G. Ru- liffson was, on the 1st of August, appointed Western Secretary for the re- mainder of the fiscal year; and the Committee have had abundant reason to rejoice in the results of that appointment. In regard to the range of objects contemplated in this work, the brief outline recommended by the former Committee of Ten, and adopted by the last Assembly, has proved to be eminently wise, both in its comprehensive- ness and in its limitations. It confined the effort to the main departments Df structural and permanent interests, and yet forbore to enter into details which could not have been judiciously imposed beforehand, and which could only have exerted a disc\ uraging and repressive influence. The structural objects which were indicated by the Assembly were of five classes, viz. : Churches, Manses, Literary and Theological Institutions at Home and Abroad, Hospitals connected with the Church, and Houses for the use of the Boards. What proportion of the aggregate fund should be allotted to each of these classes the Assembly did not state ; nor has the Committee felt au- thorized to decide. If one class has been found to absorb too much, and another has received too little, it is but an inevitable result of that discre- tionary freedom which the plan necessarily involved. To these permanent objects, as distinguished from ail current work, the Committee have en- deavored to confine the effort, allowing only such expansions as were con- ceived to exist in the spirit of this movement as first proposed. If, in the practical exigencies of so many churches, seeming changes have appeared in the plan, they have been only those of natural and necessary develop- ment, as the bulb is transformed to a rooted plant. Thus the principle, which admits a complete Institution, must be so ramified as to cover all its parts. If the friends of a particular college, variously offer endowments, new building, scholarships, libraries, repairs, canceled mortgages, and grants of land, they must, of logical necessity, be included, though in the outset no such variety had occurred to any mind. So of churches ; if one congregation find acceptance for a new sanctuary complete : n all its parts and appurtenances, no principle of jus- tice can exclude the poorer flock who can only offer a part of a church, as 102 FORM OF GOVERNMENT. an enlargement, or a new roof, or an organ, or a bull, or even a horse- shed, or a fence. It is true, that by such a rule some humble objects are included; but He who, in the construction of his ancient sanctuary, invited even such offerings as a ram's skin or a little goat's hair, does not despise a humble gift. It is a beautiful feature of our common memorial, that it has har- moniously combined the efforts of the wealthy and the poor. The affluent have given their tens of thousands, and with equal acceptance the toiling needle-woman has offered joyfully her mite; the merchant prince has drawn his check, and the converted Indian on the frontier has given his honest score of days' work upon the walls of God's house. It is inevitable, that the general principles governing so great an undertaking should sometimes be abused. How could it be otherwise, when so much of worldly motive mingles with all the benevolences and all the services of the Church ? The memorial work has doubtless been marred by as many exhibitions of a selfish spirit as appear in other things ; but the degree of" selfishness has not always been measured by mere locality, nor the kind of memorial object chosen. Hundreds of the noblest instances of self- sacrifice have been shown in humble congregations which were struggling to secure a sanctuary for themselves and their neighbors about them. A voluminous record might be given of incidents and illustrations of the most touching character, and affording ample proof that many have found the Memorial work a precious means of grace. While pursuing a liberal policy in admitting the gifts of the churches, the Committee have confined their own direct disbursements to objects of a general character and those of the most pressing need. They have had no desire to secure any large proportion of the fund to the general Treas- ury, except as enabling them to meet this class of wants. They would gladly have accomplished more in this respect than they have. ' At a time when very general apprehension existed lest the Memorial should seriously embarrass the Church Boards, many persons in various parts of the Church expressed a desire to devote their Memorial offerings as special donations for the relief of the Boards. As such gifts found no sanction in either the letter or the spirit of the Assembly's instructions, the Committee felt that they had no authority in the premises ; but they finally resolved to admit these special offerings in a separate class, subject to the action of this Assembly. In the midst of the apprehensions just referred to the Committee have maintained a hopeful spirit. They have so constantly received assurances that the churches which were doing most for the Memorial were even increasing their gifts to the Boards, that they have felt confident that the end of the year would show very slight deficits in our regular benevo- lences, if any at all. And it is with rare satisfaction and gratitude that they now find that confidence fully justified. Comparing the Reports of the Boards just rendered to this Assembly with those presented a year ago, and confining the estimate to the actual gifts of churches and individuals, as distinguished from legacies and other casual resources, they find the receipts of the united Boards, compared with the aggregates of the separate Boards of the two branches last year, to present the following gains as compared with last year: Home Missions; gain over last year, $16,297.25: Church Erection: gain, about $20,000: Education; deficit, $964: Publication; deficit, $9888: Freedmen; gain, about $500 : Ministerial Relief; gain, $13,687.27 : For- eign Missions; gain, $37,296.89. Aggregate of gains of the Boards, 687,466.89 ; net gain, $76,502.89. PRELIMINARY PRINCIPLES. 103 It should be stated that the gains in the Foreign Board are mainly due to the accession of churches formerly contributing to the American Board of Foreign Missions ; but it should also be said, that there are still consid- erable amounts in the Memorial Treasury for the Presbyterian Board not included in their Report. There are furthermore some differences in the time of closing the fiscal year of the Boards as compared with the previous year ; but these differ- ences, together with the fact that the Memorial Report closes latest of all, will, on the whole, rather strengthen the exhibit which is here made, and will fully establish the important fact that during the Memorial year churches and individuals have given a larger aggregate to the Boards than in any previous year of our whole history. It may be proper, also, to dwell for a moment on the direct benefits which the Memorial has conferred upon the various Causes which the Boards represent. On the Foreign Mission field permanent institutions have been provided for to the amount of nearly $100,000. In Church Erection on the Home field, a careful estimate shows that about six hundred churches and chapels have been reared during the year and a half, of which only twenty-one have reported a cost of over $25,000. About three hundred of these, including mission chapels, have directly or indirectly received aid from the Memorial Fund. The amount which has actually been received into the Treasury for this purpose is $96,282.93. The Cause of Publication has only been benefitted in the enlargement of the Publishing House to the extent of about $45,300. For the Freedmen's Cause less has been done than was desirable, only about $10,000 having been reported for schools and churches devoted to their interests. The Cause of Ministerial Relief, aside from special gifts already esti- mated in its own Reports, has received some small amounts for a perma- nent fund. How far the Cause of Education has been advanced may be judged by the fact that the Church has added nearly a million and a half of dollars to her educational apparatus in various permanent forms. The relation of the Memorial effort to Home Missions is less direct, but none the less important. The recent Report of the Home Mission Board shows that the churches under their care have raised $228,627 for the payment of church debts. This amount, at the safe rate of 8 per cent, interest, shows a saving to the mission churches, and virtually to the Mis- sion Board, of $18,130 per annum. But the whole amount of Memorial contributions reported from Home Mission churches is $339,410, and when we add the large sums given them by others for churches, manses, and repairs, we shall have an aggregate increase of not less than half a million of church property in the Home Mission field, the effect of which will raise many churches at once, or very soon, to a position of efficiency and self-support. And, finally, the Memorial effort in all our churches, rich and poor, by removing obstacles, and enlarging foundations, and quickening exertion, has prepared the way for the future work of the various Boards beyond anything in the history of the past. The Committee are led to believe that not the least of the good results of this effort has been its rallying and uniting influence upon the denomi- nation. It seems providential that the reunion should have been followed by a common and enthusiastic movement, overpowering and obliterating all the old lines of separation. 104 FOKM OF GOVERNMENT. It has, moreover, strengthened our courage by the development of im portant principles. It has shown that there is a responsive loyalty among us to the projects and behests of the Assembly ; it has demonstrated the important fact that we are a thoroughly organized body, and that by our Presbyterian polity even so great a mass may be marshaled and wielded in the great work of Christian conquest. Nor can it be doubted that the experiment of this Memorial has permanently enlarged the scale of benev- olence among us. Whatever may be said of the use which the churches have made of their gifts, the great and notable fact is that such vast amounts of money have been given at all for religious purposes, and given mainly with a sincere desire to accomplish the highest good. It is not a light thing that in this worldly age, and amid the business discourage- ments which have marked the year, and with the current expenditures of all the churches still continued, and with seven regular Boards to be maintained in full operation, so many extra millions of dollars should have been contributed for the permanent interests of Christ's kingdom. The fact itself is the best possible monument of reunion. The spectacle of such a movement is full of encouragement and hope. And lest it should be said by any that these are not extra amounts, but that we have only recorded the average structural work of average years, the Committee have been at some pains to learn what has been done outside of the Memorial reckoning; and they find that by the common impulse, which even under protest could not wholly be resisted, more than two millions of dollars, not included in this report, have been raised during the Memorial Period for the same kinds of work. This is abundant proof that the five millions which it was resolved to raise may be set down as a clear gain, above all previous years of our history as a Church. The Committee are free to confess, that even their highest hopes have been more than realized in this respect. And when they contrast the discour- agements that hung over their early efforts with the general response that has at length been given, they are impressed with the fact that the result is not clue to skillful management, nor to faithful labors, nor to any human influence, but to the special power of the Spirit of God moving so many hearts in all parts of the land to a common effort. It is due to some of the best men in the Church, who from the first have doubted the policy of such a movement, to say that they have, neverthe- less, in other ways helped forward the cause of Christ in proportionate degrees. It is partly due to the special efforts of such that the Boards have been so well sustained. The Committee rejoice in their efforts, also, nay, and will rejoice, since every way God is glorified. In viewing the labors of the year, tho Committee take great pleasure in acknowledging the great assistance afforded them by the weekly religious press of the denomination. Perhaps never before has the power of the religious press in promoting great Church enterprises been so fully illus- trated. To human view it is difficult to see how, without this valuable agency, the work of the Committee could have been accomplished. To the Evangelist, the Presbyterian, the Interior, the Observer, the Herald and Presbyter, the Banner, and the Occident, the thanks not only of the Com- mittee, but of the whole Church, are due for their efficient aid. The Com- mittee would also make grateful mention of the fact that furnished offices have been placed at their disposal during the year by Phelps, Dodge & Co., and that similar courtesies were tendered them by Brown Brothers & Co. and others in New York. In presenting the actual statistics of the work, it should be premised that, owing to the tardiness of the returns from many churches, our Be- PRELIMINARY PRINCIPLES. 105 port is necessarily incomplete. Much work known to have been accom- plished is too late for this presentation. Some of the returns also have been so indistinct that a satisfactory comparison of college reports with those of churches, with a view to avoiding repetition, has been wellnigh impossible. And, as the Committee have preferred to err on the safe side, they have in all cases of uncertainty ruled out college reports, though fully persuaded that by these means $200,000 are excluded from their footings. Owing to the same difficulty, no account has been made of the reports of special Memorial gifts returned by the Boards and by the Women's Soci- eties Large sums, also, gathered from individuals for churches in the West, have been excluded on account of uncertainty, though it is believed that many of them have not been reported by donors. It was the first intention of the Committee to report individual donors in some cases by name ; but the difficulty of a proper discrimination has been found to be so great, that such names are simply entered on the Memorial Records, while to the public they are reported in the aggregate under a general miscellaneous head. The classification of money received and reported thus far is as follows: For new Church Buildings, $3,236,475.61; Manses, $683,884.05; Repairs and Enlargement, f 733,707.60 ; Payment of Debts, $1,083,478.72; Insti- tutions of Learniug, $1,405,548.66 ; Permanent Institutions in Foreign Lands, $93,509.96 ; Special Gifts to the Boards, $60,340.40 ; Hospitals, $48,665.35; Relief Fund and Sustentation, $41,150.46; Presbyterian Houses, $46,882.37 ; amounts not specified by the churches reporting them, $162,681.10; expenses of the Committee, $11,175.63. It is with profound gratitude to God that the Committee announce as the total amount reported up to 12 o'clock to-day, seven million, six hundred AND SEVEN THOUSAND, FOUR HUNDRED AND NINETY-NINE DOLLAES AND NINETY-ONE CENTS ($7,607,499.91). At the close of the reading of the Report, the whole Assembly arose spontaneously and sang the Doxology, "Praise God, from whom all blessings flow," after which, by invitation of the Moderator, the Rev. John Hall, D. D., gave thanks to God for his great goodness. The Report was then accepted, and referred to a special committee of fifteen to suggest suitable action thereon. — 1871, pp. 513-519. [For the Report of the above Committee see Minutes 1871, pp. 552-555.] Final Report of the Memorial Fund Committee. The order of the day, viz., the Report of the Committee on the Me- morial Fund, was presented and approved, as follows: The Memorial Fund Committee, having, by order of the last General Assembly, been continued for another year, beg leave to report, that they continued to admit contributions, as directed, till August 1, 1871, after which preparations were made for the publication of a report of all con- tributions from all churches, arranged by Presbyteries and Synods. That report was published early in October last, and a copy was sent to each church contributing to the fund. The contributions were given in two classes only, and the gift of individuals, not embraced in church contribu- tions, were presented in the aggregate. With this tabular report, a brief documentary history of the inception, prosecution, and completion of the work was given, and the whole was published in neat form, by De Witt C. Lent & Co., 451 Broome street, New York, from whom extra copies may 14 106 FOKM OF GOVEENMENT. still be obtained, at 75 cents and $1 per copy, according to the style of binding. The Committee has not dared to expect that no errors would be found in a work w T hich embraces nearly $8,000,000, reported hurriedly, and in many cases very imperfectly, and the greater part within a few weeks. But it has been agreeably surprised that so few errors have been pointed out, and those, for the most part, such as rose from defective reporting. In order to secure greater accuracy, the manuscripts were offered for public inspection at the last Assembly, and Commissioners from the various Pres- byteries were invited to aid the Committee in making corrections. The entire amount reported as subscribed, up to August 1, 1871, was $7,833,983.85. As there has always been some difference of sentiment, in regard to the range of objects which should have been regarded as prop- erly Memorial objects, it may be well to observe, that the aggregate was sufficiently large to admit of many restrictions, and yet leave at least the $5,000,000, which the Church set out to raise. Deducting all special gifts to the Boards, and all that was expended in the payment of church debts, there will remain $6,662/269.54. Striking out $500,000, as prob- ably spent in repairs, we still have $6,162,269.54. With even the strictest construction, therefore, more than the amount originally intended has been fairly raised. The number of certificates issued has been 36,000. They have been made out for those only for whom they have been requested, and all names of those receiving them, so far as given to the Committee, have been recorded in the books of registry of certificates, constituting three volumes. There has in many cases been considerable delay, partly due to the late- ness of the applications for certificates, and partly to the fact that the en- graved copies could not be supplied with sufficient rapidity to meet the demand. The labor of filling out so large a number of certificates, and sending them to their proper destination, has been so great, that for some months several persons were employed, wholly or in part, in the work. One clerk was retained for this purpose until January 1st of the present year. The disbursements, which have been made of money actually received into the treasury in New York, are given in a tabular statement. Many of these were directed to specified objects by the donors ; in other cases, the Committee have been compelled to select, from a large number of applicants, those which seemed to them to have the highest claim. The Treasurer's account, which is also appended, has been audited up to date, and the small balance of $485.87 remaining in the treasury, after defraying all expenses, has, by a vote of the Committee, been passed over to the Treasurer of the Board of Foreign Missions, for permanent structures on a foreign field. It is recommended that the records of the Committee, including regis- ters of names, letter-books, etc., together with copies of the published report, be made over to the Presbyterian Historical Society, in Philadel- phia. Copies of the report have been sent to the libraries of the various Col- leges and Theological Seminaries connected with the Church. Having thus completed the work assigned to it by the General Assem- bly, the Committee would respectfully ask to be discharged. The mem- orial effort now belongs to the past, while other and greater interests chal- lenge the attention of our beloved Church. The Committee on the Memorial Fund were, at their own request, dis- charged.— 1872, p. 16. OF THE CHURCH. 107 CHAPTER II. OF THE CHURCH. I. Jesus Christ, who is now exalted far above all principality and powtr, hath erected in this world, a kingdom, which is his church. II. The universal church consists of all those persons, in every nation, together with their children, who make profession of the holy religion of Christ, and of submission to his laws. III. As this immense multitude cannot meet together, in one place, to hold communion, or to worship God, it is reasonable, and icar ranted by Scripture example, that they should be divided into many particular churches. IV. A particular church consists of a number of professing Chris- tians, with their offspring, voluntarily associated together, for divine worship, and godly living, agreeably to the Holy Scriptures; and submitting to a certain form of government.* 1. Mode of Organization of New Church.es. The Committee to whom was recommitted the report of the last Assem- bly, on the organization of new churches, reported again, and their report was read and adopted, and is as follows, viz. : That a particular Presbyterian church, so far as adults are concerned, is constituted and organized as such, by a number of individuals, professing to walk together as the disciples of Jesus Christ, on the principles of the Confession of Faith and Form of Government of the Presbyterian Church, and the election and ordination of one or more ruling elders, who, by the ordination service become the spiritual rulers of the persons voluntarily submitting themselves to their authority in the Lord. a. This organization ought always to be made by application to the Pres- bytery, within the bounds of which the church to be organized is found, unless this be exceedingly inconvenient, in which case it may be done by a duly authorized missionary, or a neighboring minister of the gospel. b. At the time appointed for the purpose, after prayer for divine direc- tion and blessing, the presiding minister, or committee appointed by the Presbytery should first receive from those persons to be organized into the new church, if they have been communicants in other churches, letters of dismission and recommendation ; and in the next place, examine and ad- mit to a profession of faith, such persons as may offer themselves, and may be judged suitable to be received on examination. If any of these persons admitted to a profession on examination, have not been baptized, they should in this stage of the business be made the subjects of Christian baptism. c. The individuals ascertained in the foregoing manner to be desirous and prepared to associate as a church of Christ, should now, by some pub- lic formal act, such as rising, joining hands, or subscribing a written sUte- * A larger type is used to indicate to the reader that the parts thus printed ire from the Form of Government, Book of Discipline; or Directory for A> x p.. ship. 108 FOEM OF GOVERNMENT. rnent, agree and covenant to walk together in a church relation, accord- ing to the acknowledged doctrines and order of the Presbyterian Church. d. The next step is to proceed to the election and ordination of ruling elders, in conformity with the directions given on this subject in the Form of Government of the Presbyterian Church. Deacons are to be elected and ordained in like manner as in the case of ruling elders. e. When a church has been organized in the manner already described, report of the same should be made, as soon as practicable, to the Presby- tery within whose bounds it is located. And when a missionary, or other minister of the gospel, not especially appointed to the work by a Presby- tery, has, in the manner above specified, organized a church, not within the known bounds of any Presbytery, the church thus organized should as soon as practicable make known to some Presbytery, with which it may be most naturally and conveniently connected, the time and manner of its organization, and desire to be received under the care of said Presbytery. In cases in which churches are to be formed within the known bound- aries of any Presbytery, it is most desirable that persons wishing to be organized as a Presbyterian Church, should petition that Presbytery to receive them under its care for the purpose of organizing them in due form. /. There may be people in destitute portions of our land, who may be disposed to associate for the purpose of forming a Presbyterian congrega- tion, when no minister of the gospel can be obtained to aid them. The forming of associations for such a purpose, in the circumstances contem- plated, should be considered not only as lawful, but highly commendable. And such associations, when formed, should, as speedily as possible, take measures for obtaining the preaching of the gospel, and for becoming or- ganized as regular churches. g. Cases may also occur, in various places, in which a collection or association of people may desire the preaching of the gospel, and be will- ing, in whole or in part, to support it, and yet may not have suitable men among them to sustain the office of ruling elders. Such people may and ought to obtain a preacher of the gospel to labor among them, and occasionally to administer ordinances, under the direc- tion of some Presbytery, till they shall find themselves in circumstances to make a proper choice of ruling elders, and to have them regularly set apart to their office. — 1831, pp. 326, 327. 2. "Who are the Constituent Members of a Church ? a. "A particular church consists of a number of professing Christians, with their offspring, voluntarily associated together for divine worship, and godly living, agreeably to the Holy Scriptures ; and submitting to a certain form of government." — Form of Government, Ch. ii., Sec. iv. b. " Children, born within the pale of the visible church, and dedi- cated to God in baptism, are under the inspection and government of the church." — Directory, Ch. ix., Sec. i. c. " Baptism is a sacrament of the New Testament, ordained by Jesus Christ, . . . for the solemn admission of the party baptized into the visible church. . . ." — Confession, Ch. xxviii., Sec. i. d. "Not only those that do actually profess faith in, and obedience unto Christ, but also the infants of one or both believing parents are to be bap- tized." — lb., Ch. xxviii., Sec. iv. 3. Of Trustees and Charters. a. It is not inconsistent with the Presbyterian plan of government, nor the institution of our Lord Jesus Christ, that Trustees, or a committee OF THE CHURCH. 109 chosen by the congregation, should have the disposal and application of the public money raised by said congregation, to the uses for which it was designed ; provided that they leave in the hands and to the man- agement of the deacons, what is collected for the Lord's table, and the poor. And that ministers of the Gospel, by virtue of their office, have no right to sit with or preside over such trustees or committees. — 1752, p. 249. b. Considering that it is necessary to the due and orderly maintenance of the Constitution of the Presbyterian Church in its various provisions, that care be taken, in obtaining legal enactments of a secular kind, that they be so formed as not to come in conflict with any such provisions — and whereas, it is known, that instances have existed, and probably do still exist, in which the charters of churches, and perhaps other legal instru- ments, are so framed that the laws of the Church and the laws of the land are not reconcilable with each other : Therefore, Resolved, That the General Assembly earnestly recommend it to all the congregations under their supervision, that in resorting to the legislatures or tribunals of our country, they use the utmost care to ask nothing which, if granted, will in any respect contravene the principles or order of our Church ; and in any cases in which civil enactments, heretofore obtained, do militate with any of the principles or order of our Church, they endeavor, as soon as possible, to obtain the repeal or modification of such enactments, so as to make them consistent with the ecclesiastical order and principles of the Presbyterian Church. — 1838, p. 26, O. S. 4. Control of Trustees over a House of Worship. Supposing that a musical convention desire the use of the Church for its sessions and exhibition ; can the Board of Trustees give the use of the house of worship for that purpose without the consent of the session ? Resolved, That the trustees of a church hold the property for religious purposes ; and their legal rights are only to be determined by the State laws and charters under which they act as custodians of the church. Still, they have no moral right to convert the house of God into a place of business or amusement. — 1860, p. 53, 54, O. S. 5. Respective Rights of Trustees and Session in Controlling the House. a. Overture No. 14, being a request from the Presbytery of Cincinnati, that the Assembly define the respective rights of the trustees and session in the control of the edifice used for public worship, and direct what steps be taken in case of disagreement or collision between them, with a report thereon as follows : Where a church edifice is held by trustees, the legal title is vested in them ; and having the title, the custody and care of the property pertains to them, for the uses and purposes for which they hold the trust. These uses and purposes are the worship of God, and the employment of such other means of spiritual improvement as may be consistent with the Scrip- tures, and according to the order of the church : to which may be added, congregational meetings for business relating to the church or corporation. By the constitution of the Church, the session is charged with the super- vision of the spiritual interests of the congregation ; and this includes the right to direct and control the use of the building for the purposes of wor- ship, as required or established by the special usage of the particular church, or the. Directory for Worship. This being the principal purpose 110 FORM OF GOVERNMENT. of the trust, the trustees are bound to respect the wishes and action of the session as to the use and occupation of the house of worship. The session is the organ'or agent through whom the trustees are informed how and when the church building is to be occupied ; and the trustees have no right to refuse compliance with the action of the session in this regard. These are general principles applicable to all cases, except, perhaps, in some localities where special statutory enactments by competent authority may confer other rights, or prescribe other duties. But there are other purposes for which the use of the church edifice is sometimes desired, which, though they partake of a religious or intellectual character, do not fall within the class of objects which are properly described as belonging to the worship of that congregation.' The house may not be used for such purposes without the consent of the trustees ; and this consent they may properly, in their discretion, refuse. As the function to determine what is a proper use of the house is vested in the session, the trustees have no legal right to grant the use of it for purposes which the session disapprove. And as the strict rights of those who are represented by the session to the use of the house, are limited to the wor- ship of that congregation, the trustees are under no obligation to grant it for any other purpose. When the trustees grant the use of the house to others, contrary to the expressed wishes of the session, and, as they suppose, to the prejudice of the cause of religion and of that church, the proper appeal is, first, to the persons composing the congregation to Avhom the trustees are respons- ible ; secondly, to the Presbytery, for their advice ; and finally, if neces- sary, to the legal tribunals. The report was accepted and adopted. — 1863, pp. 43, 44, O. S. b. The Commissioners from the Presbytery of Wilmington have been instructed to ask information of the Assembly on the following points: 1. Who are voters in an election for trustees of a church ? 2. Who have power to call a meeting for the election of trustees of a church ? 3. Who have power to close and hold possession of a church — the trus- tees or the session ? The Committee reported : 1. That the questions asked are wholly legal questions, to be determined by the local laws, relating to church property, in the State where the church lies. 2. That, in the absence of any statutory law relating to the mode in which trustees shall proceed, the by-laws of the corporation shall govern the mode of proceeding. 3. That in the absence of any specific rules of proceedings, the gen- eral principle of law, that the trust shall be executed for the sole use of those for whom it is held, shall govern the case. The report was adopted.— 1864, p. 478, N. S. 6. Congregations acting- through Trustees not Responsible as such to the Presbytery. The Judicial Committee report a paper from T. C. Connelly, of Wash- ington, D. C, calling attention to an alleged case of injustice on the part of a congregation, in that city, toward one of its members. No specific action of the Assembly is asked for. Nor does it appear that the case is under the control of any ecclesiastical court. Congregations acting through a Board of Trustees, are not, as such, responsible to the Presbyteries. OF THE CHUECH. Ill On recommendation of the Committee, the whole matter was dismissed. —1869, p. 270, N. S. 7. Relative Rights of Session and Trustees over Houses of "Wor- ship. — In the use of the Property for all Religious Services or Ecclesiastical purposes, the Trustees are under the Control of the Session. [The following extract from the decision of the Supreme Court of the United States, in the Louisville Walnut Street Church case, is inserted by order of the General Assembly, and answers clearly and authoritatively most of the questions asked above. See the whole decision under Form of Government, Chap, xii., Sec. v.] " One or two propositions, which seem to admit of no controversy, are proper to be noticed in this connection. 1. Both by the act of the Ken- tucky Legislature, creating the trustees of the church a body corporate, and by the acknowledged rules of the Presbyterian Church, the trustees were the mere nominal title-holders and custodians of the church prop- erty ; and other trustees were, or could be elected by the congregation, to supply their places, once in every two years. 2. That in the use of the property for all religious services or ecclesiastical purposes, the trustees were under the control of the church session. 3. That by the constitution of all Presbyterian churches, the session, which is the governing body in each, is composed of the ruling elders and pastor ; and in all business of the session a majority of its members govern, the number of elders for each congregation being variable. The trustees obviously hold possession for the use of the persons who, by the constitution, usages, and laws of the Presbyterian body, are en- titled to that use. They are liable to removal by the congregation for whom they hold this trust; and others may be substituted in their places. They have no personal ownership or right beyond this, and are subject, in their official relations to the property, to the control of the session of the church. The possession of the elders, though accompanied with larger and more efficient powers of control, is still a fiduciary possession. It is as a session of the church alone that they could exercise power. Except by an order of the session in regular meeting, they have no right to make any order concerning the use of the building; and any action of the session is neces- sarily in the character of representatives of the church body by whose members it was elected. If, then, this true body of the church — the members of that congrega- tion — having rights of user in the building, have in a mode which is authorized by the canons of the general Church in this country elected and installed other elders, it does not seem to us inconsistent or at vari- ance with the nature of the possession which we have described, and which the Chancery Court orders to be restored to the defendants, that they should be compelled to recognize these rights, and permit those who are the real beneficiaries of the trust held by them to enjoy the uses to pro- tect which that trust was created, — 1872, p. 181, Appendix. 112 FORM OF GOVERNMENT. CHAPTER III. OF THE OFFICERS OF THE CHURCH. I. Our blessed Lord at first collected his Church out of different na- tions, and formed it into one body by the mission of men endued with miraculous gifts, which have long since ceased. II. The ordinary and perpetual officers in the Church are Bishops or Pastors ; the representatives of the people, usually styled Ruling Elders and Deacons. [See under Chapters iv., v., vi.] CHAPTER IV. OF BISHOPS OR PASTORS. The pastoral office is the first in the Church, both for dignity and usefulness. The person who fills this office hath in the Scripture ob- tained different names expressive of his various duties. As he has the oversight of the flock of Christ, he is termed bishop.* As he feeds them with spiritual food, he is termed pastor. As he serves Christ in his Church, he is termed minister. As it is his duty to be grave and prudent and an example of the flock, and to govern well in the house and kingdom of Christ, he is termed presbyter or elder. As he is the messenger of God, he is termed the angel of the Church. As he is sent to declare the will of God to sinners and to beseech them to be reconciled to God through Christ, he is termed ambassa- dor. And as he dispenses the manifold grace of God and the ordi- nances instituted by Christ, he is termed steward of the mysteries of God. 1. Stated Supplies have not a Pastoral Relation. a. "Resolved, That as Mr. Clapp was merely a stated supply of the church in New Orleans, the Presbytery of Mississippi had a right, and it was their duty, under existing circumstances, to adopt measures to detach him from said congregation." — 1831, p. 340. b. The committee on Overture No. 9, viz., a memorial from East Hanover Presbytery on inefficiency in the ministry, made the following report, which was adopted, viz.: ... 3. That it be enjoined on all the Presbyteries to take such measures as they may deem expedient for form- ing the pastoral relation in a regular manner in all cases where churches *As the office and character of the gospel minister is particularly and fully de- scribed in the Holy Scriptures under the title of "bishop/' and as this term is pecu- liarly expressive of his duty as an overseer of the flock, it ought not to be rejected. OF BISHOPS OE PASTOES. 113 are now served by stated supplies, unless there be special reasons to the contrary, of which reasons the Presbytery is required to judge, and to make their judgment matter of record on their minutes. — 1834, p. 450. c. "Resolved, That it be enjoined on all the Presbyteries to take early and efficient measures for terminating, as far as possible, the growing evil of the system of stated supplies, and for leading all our churches to seek the regular installation of their stated Teachers as. Pastors in the full sense of the term, as used in our Form of Government." — 1839, p. 177, O. S. d. " The Pastoral office should be more and more highly appreciated, practically honored and mainly promoted in all our judicatories 'and churches as the ordinary, the permanent, and the incomparable way of the Lord in promoting his own cause and in educating his people for heaven."— 1840, p. 17, N. S. e. " That the relation of stated supply which has grown up between many of our churches and ministers is unknown in our system, and tends to dis- order and injury in many ways. The Presbyteries are therefore directed to supplant it, as far as possible, in all cases by the regular pastoral relation ; and to discountenance it as a permanent relation." — 1842, p. 28, O. S. /. " Churches having stated supplies only are not such churches as are contemplated in Form of Government, chap, x., sec. iv., and have a right of representation according to the principles of the Form of Government, chap, x., sec. v." — 1851, p. 15, N. S. g. " That while the instability of the pastoral relation arises out of the uneasiness incident to growing and changing communities, and so cannot be removed by legislation, still the Presbyteries themselves can do much to abate it by honoring the pastoral relation, and declining, except in extraordinary cases, to ordain young men as evangelists to serve as stated supplies."— 1869, p. 262, N. S. 2. Fidelity in Pastoral Duties enjoined. a. Upon an overture to the Synod, in pursuance of an order of the com- mittee to that purpose, viz., to use some proper means to revive the de- clining power of godliness, the Synod do earnestly recommend it to all our ministers and members to take particular care about ministerial visit- ing of families, and press family and secret worship, according to the Westminster Directory, and that they also recommend it to every Presby- tery at proper seasons to inquire concerning the diligence of each of their members in such particulars. This overture was approved nemine contradicente. — 1733, p. 105. b. And the Synod does further recommend unanimously to all our Pres- byteries to take effectual care that each of their ministers are faithful in the discharge of their awful trust. And in particular, that they fre- quently examine, with respect to each of their members, into their life and conversation, their diligence in their work, and their methods of dis- charging their ministerial calling. Particularly that each Presbytery do, at least once a year, examine into the manner of each minister's preach- ing, whether he insist in his ministr}^ upon the great articles of Christian- ity, and in the course of his preaching recommend a crucified Saviour to his hearers as the only foundation of hope, and the absolute necessity of the omnipotent influences of the divine grace to enable them to accept of this Saviour; whether he do, in the most solemn and affecting manner he can, endeavor to convince his hearers of their lost and miserable state whilst unconverted, and put them upon the diligent use of those means necessary in order to obtaining the sanctifying influences of the Spirit of ]5 114 FOEM OF GOVERNMENT. God ; whether he do, and how he doth, discharge his duty toward the young people and children of his congregation in a way of catechising and familiar instruction ; whether he do, and in what manner he doth, visit his flock and instruct them from house to house. And the Synod hereby orders that a copy of this minute be inserted into the books of each of our Presbyteries, and be read at every of their Presbyterial meetings, and a record of its being read minuted in said books at the beginning of every session, and that there be also an annual record in each Presbytery book of a correspondence with this minute. And in case any minister within our bounds shall be found defective in any -of the above-mentioned cases, he shall be subject to the censure of the Presbytery, and if he refuse subjection to such censure, the Presbytery are hereby directed to represent his case to the next synod. And the Synod recommends to each of the ministers within our bounds to be as much in catechetical doctrines as they in prudence may think proper. — 1734, p. 111. c. That in the discharge of pastoral duties, they take the utmost care that the word of God be known and understood by the people, and that for this purpose, in their public instructions the practice of lecturing on certain portions of holy Scripture be not laid aside, but rather revived and increased ; that they endeavor, where it is prudent and practicable, to in- stitute private societies for reading, prayer, and pious conversation ; above all, that they be faithful in the duties of family visitation and the cate- chetical instruction of children and youth. And that in order to aid these views, they endeavor to engage the sessions of the respective congre- gations, or other men most distinguished for intelligence and piety in them, to assume as trustees the superintendence and inspection of the schools established for the initiation and improvement of children in the elements of knowledge ; to see that they be provided with teachers of grave and respectable characters ; and that these teachers, among other objects of their duty, instruct their pupils in the principles of religion, which should be done as often as possible in the presence of one or more of the aforesaid trustees, under the deep conviction that the care and edu- cation of children, the example set before them, and the first impressions made on their minds are of the utmost importance to civil society as well as to the church.— 1799, p. 182. [See also under Directory for Worship, Chap, i., Chap, vi., and Minutes passim, for duties, etc., of a pastor, and under Form of Government, Chaps, xv., xvi., and xvii., for questions relating to the pastoral office. Also Chap, x., sec. viii.] CHAPTER V. OF RULING ELDERS. Ruling Elders are properly the representatives of the people, chosen by them for the purpose of exercising government and disci- pline, in conjunction with pastors or ministers. This office has been understood, by a great part of the Protestant Reformed Churches, to be designated in the holy Scriptures, ly the title of governments; and of those who rule well, but do not labor in the word and doc- trine. OF EULING ELDEES. 115 For the better establishing and settling congregations, it is ordered and appointed that in every congregation there be a sufficient number of assistants chosen to aid the minister in the management of congregational affairs.— 1714, p. 37. 1. Th6 Eldership essential to the Existence of a Presbyterian Church. The report of the committee to examine the records of the Synod of the Western Reserve was adopted, and is as follows, viz. : That the records be approved, with the exception of the sentiment on page 154, viz., that the eldership is not essential to the existence of the Presbyterian Church. In the opinion of the committee the Synod advance a sentiment that contra- venes the principles recognized in our Form of Government, chap, ii., sec. 4 ; chap, iii., sec. 2 ; chap. v. ; chap, ix., sec. 1, 2. — 1833, p. 404. [This does not forbid the forming of congregations for religious wor- ship, where they may not have suitable persons among them to sustain the office of ruling elder. See chap, ii., sec. 4.] 2. Elders must be duly Elected and set Apart, The following inquiry was referred to the decision of the Assembly by the Synod of the Carolinas, viz. : In what point of light are the elders nominated and ordained by Mr Balch to be viewed hereafter in Mt. Bethel congregation ? It was determined by the Assembly that the "elders" mentioned in the inquiry are to be henceforth viewed as private church members only, un- less they be duly elected and set apart as church officers hereafter. — 1798, p. 158. 3. A Ruling Elder without Charge has no Seat in a Church Court. Resolved, That no ruling elder, who has retired from the active exer- cise of his office in the church to which he belongs, can be admitted as a member of a Presbytery, Synod, or General Assembly. — 1835, p. 489. 4. An Elder cannot hold Office in two Churches at the same time. The Judical Committee reported that, by permission of the Assembly, a complaint was presented to them by the Rev. Dr. Ashbel Green, in be- half of a minority, against a decision of the Synod of Philadelphia,* recorded on the Synod book, page 168, by which complaint the following question is presented for the decision of the Assembly, viz. : Is it consistent with the Constitution of this Church for the same indi- vidual to hold the office of ruling elder in two different churches at the same time ? When it was resolved by the Assembly that the decision of the Synod be affirmed, and the complaint dismissed. — 1827, p. 204. 5. Nor Adjudicate in a Church of which he is not an Elder. Overture No. 14, viz., the following question from the Presbytery of Salem: "Has a ruling elder in any case a legal right to adjudicate in another church than that of which he is an elder?" was taken up and de- cided in the negative. — 1831, p. 324. * The Synod having rejected a resolution declaring it lawful for an elder to exer- cise the office in two different congregations at the same time. 116 FORM OF GOVERNMENT. 6. An Elder has the same right to sit in Synod as in Presbytery. Has an elder, whom the discipline of our Church authorizes to sit as a member in Presbytery, from a vacant congregation or united congrega- tions, a right by that discipline to sit in Synod, as a representative of such congregation or congregations ? The question was determined in the affirmative. — 1808, p. 403. 7. "When an Elder has been Suspended from Church Privileg-eE, and is Restored, he is not thereby Restored to Office. When an elder has been suspended from church privileges, for an offence, and again restored to the privileges of the church, is he also restored to his office as a ruling elder ?" should be answered in the nega- tive. The two things are distinct ; and since an elder, as well as a min- ister, may be suspended from his office, and not from the communion of the church, so there may be reasons for continuing his suspension from his office after he is restored to the privileges of the church. He cannot be restored to the functions of his office without a special and express act of the Session for that purpose, with the acquiescence of the church. — 1836, p. 263. 8. Elders are not to Participate in the Ordination of Ministers by the Laying on of Hands. ' a. In answer to a communication from the Presbytery of the Western District on the subject of allowing ruling elders to unite in the impo- sition of hands in the ordination of bishops : The Committee unani- mously recommend an adherence to the order, and, until recently, the uniform practice of our Church on this subject, viz.: to allow preaching elders or bishops only to engage in that service, Which was adopted.— 1842, p. 16, .0. S. b. Resolved, That it is the judgment of this General Assembly that neither the Constitution nor the practice of our Church authorizes ruling elders to impose hands in the ordination of ministers." [Yeas 138, nays 7, non liquet 1, excused 2.] — 1843, p. 183, O. S. c. In answer to a request to reverse the above decision, the Assembly — 1. Resolved, That in the opinion of this Assembly, the last Assembly. in determining that ruling elders are not authorized by the Form of Government to impose hands in the ordination of ministers, did not depreciate the office of ruling elder, nor did they in any respect contra- vene the letter or the spirit of the Constitution, or the principles and practice of Presbyterian Churches in Europe or America since the Reformation ; but in conformity with both the principles and practice of our own and other Presbyterian Churches, they did decide that as the rite of ordination is simply a declaratory ministerial act, the laying on of hands as a part thereof belongs properly to ordained ministers, while to ruling elders is left unimpaired and unquestioned the full and right- ful power of ordering the work of ordination, and of judging in the dis- cipline of ministers in common with those Presbyters who labor in word and doctrine, as in all other cases." [Yeas 154, nays 25.] — 1844, p. 370. O. S. [Against the above action a Protest, signed by twenty-two members of the Assembly, was entered and received. The Protest and the answer of the Assembly may be found in Baird's Collection, revised edition, pp. 75-80.] d. The Committee on the Polity of the Church reported an answer to OF RULING ELDERS. 117 the inquiry, " Ought the eldership to participate in the ordination of min- isters by laying on of hands?" as follows : It is a recognized principle of our Church polity, in accordance, as we believe, with apostolic teaching, that bishops, ministers and elders con- stitute but one grade or rank of officers in the Christian Church, and hence that in all our Church judicatories they have equal rights and pow- ers. In all the judicial business of the Church all are Presbyters alike. See Form of Gov., chap, ix., sees. 1. 2, 4 ; chap, x., sees. 2 to 7 ; chap, xi., sees. 1.2: and chap, xii., sec. 2.) Still it cannot be denied that in the Bible a distinction is recognized between those Presbyters who rule only and those who both rule and preach. In the practice of the Presbyterian Church in all its branches this distinction has become very marked. Some are set apart expressly to preach the Gospel and to administer the ordinances of God's house. They are Presbyters in common with others; but as ministers of Christ, they have functions and rights peculiar to themselves, and are required to possess proper qualifications. In the or- dination of ministers your committee believe there are two distinct things to be done : 1st. The examination and approval of the candidate. In this all the members of the Presbytery participate alike ; and, 2d. The formal act of induction into office, in which, by almost universal consent, as we suppose, only ministers officiate. It is true our Form of Govern- ment, chap, xv., sec. 14, speaks of the whole Presbytery as laying on hands and giving the right hand of fellowship. But every statute should be construed consistently with itself and with general usage under the statute. Your committee would suggest that the act of induction is ministerial, not judicial. And as in respect to baptism, the elders, jointly with the pas- tor, determine who shall be admitted to this ordinance ; yet the pastor only administers it ; so in ordination — the whole Presbytery determine the fitness of the candidate, but only the ministers present induct into office. This, we believe, has been the universal practice under this rule ; and that this usage was intended by the trainers of the book seems prob- able from the tact that in the form of induction those aiding in the service are directed to extend to the new minister their right hands, saying, " We give you the right hand of fellowship to take part of this ministry with us" This language manifestly implies that those welcoming him do themselves occupy places in that ministry to which they welcome him. The commit- tee Therefore recommend that the question be answered in the negative. The report was adopted.— 1860, p. 242, X. S. 9. Ruling- Elders may not Administer Sealing- Ordinances. The Committee on Bills and Overtures reported as follows: An Overture from the Presbytery of Peoria, on the authority of ruling elders to administer sealing ordinances: The committee recommend that they be referred to the Standards, Directory for Worship, chap, vii., sec. 1, and chap. viii. throughout. The report was adopted. — 1870, p. 22. 10. Ruling Elders may Explain the Scriptures and exhort in the Absence of the Pastor. On page 10, Vol. IV., of these Minutes, Mississippi Synod takes excep- tions to the minute of Louisiana Presbytery : because this Presbytery con- siders it not inconsistent with the principles of our Church for ruling elders, in the absence oi^ the pastor, to read the Scriptures and explain them, and to endeavor to enforce the truth upon the conscience by suit- 118 FORM OF GOVERNMENT. able exhortations. The Assembly believe the Presbytery of Louisiana were right, according to chap, xxi., Form of Government. — 1856, p. 538, O. S. 11. The proper Court to try Ruling Elders in a given Case. The following question from the Presbytery of Genesee was presented by the Committee of Overtures, viz. : Common fame accuses two ruling elders of a church (they being the only acting elders) of unchristian conduct, which took place several years ago, but which has lately been made known to the Presbytery with which said church is connected. What is the duty of the Presbytery in the case ? Resolved, That the Presbytery is the competent court to try these two elders, and that it is their duty to cite the offending persons before them, and proceed to issue the case. — 1825, pp. 142, 144. [See below under Chaps, ix. and xiii.] CHAPTER VI, OF BEACONS. The Scriptures clearly point out Deacons as distinct officers in the Church, whose business it is to take care of the poor, and to dis- tribute among them the collections which may be raised for their use. To them also may be properly committed the management of the tem- poral affairs of the Church. 1. Their Functions.— They have no Judicial Power. a. We need only represent unto you the ends and institution of Scrip- ture deacons, and that there is no juridical power allowed them in the Scriptures. — 1715, p. 42. b. The Temporalities of the Church may be committed to them. In answer to the inquiry, "What are the nature and duties of the office of Deacon?" we reply: The answer we conceive to be explicitly given in our Form of Government, chapter vi. Their duties there are plainly made to consist in distributing the charities of the church to which they belong to the poor of that church. Over charities collected for any other purpose than those specified, their office gives them no control. In ad- dition to this, the temporalities of the church generally may be committed to their care. — 1833, p. 405. c. The Appointment of Deacons urged. Overture No. 8, from the Presbytery of Pittsburg, on the subject of Deacons. The committee recommend — in response to the memorial re- garding the functions of deacons, and requesting that, :a respect to the care of the poor, their business be so defined as not to exclude the poor and the sick outside the Church — the adoption of the following resolutions: Resolved, 1. That the Assembly regards the office of deacon as pro- viding proper scriptural and feasible means for such exercise of charity, as will aid in extending the influence of the Church among the poor, and opening the way for more direct spiritual ministrations. OF DEACONS. 119 Resolved, 2. That the Assembly, rejoicing in all that is accomplished by others, express their most decided approval of all institutions for the care of the poor and sick, conducted by Presbyterians, and regarding with pleasure their increasing number, earnestly advises their multiplication. Resolved, 3. That the Presbyterian Church has always recognized the office of Deacon ; and the Assembly renewedly call the attention of the churches to the provisions of the Form of Government in the case. [See chap, xiii., sec. 2d.]— 1871, p. 588-89. 2. May a person at once be Deacon and Elder? Resolved, That while it is important and desirable that the several offices in the Christian Church should be kept distinct, and be sustained by different individuals wherever a sufficient number of competent men can be found, yet in the opinion of this Assembly it is not inconsistent with the constitution of the Presbyterian Church, nor with the precedent furnished in filling the office of Deacon at its first institution, that where a necessity exists, the same individual should sustain both offices. — 1840, p. 306, O. S. 3. The Appointment of Deacons Enjoined. Resolved, That it be enjoined upon all the Presbyteries under the care of the General Assembly to take such order on this subject as shall secure the appointment of Deacons in all the churches, with the exception of those in which it may be impracticable from paucity of male members. — 1840, p. 286, O. S. [The same injunction was renewed 1841, p. 418. and 1856, p. 535.] 4. To the Deacons belongs exclusively the control of Funds for the Poor. 1. Has a Church session any original or direct control over the man- agement and distribution of the fund collected and in the hands of the Deacons for the benefit of the poor of the Church ? 2. Or does the management of this fund belong exclusively to the Deacons ? 3. If the session has any control over this fund, what is the nature and extent of that control ? The committee recommend that the first inquiry be answered in the negative, the second in the affirmative, and that the third be answered, " They may advise respecting the use of funds." Adopted. — 1857, p. 24, O. S. 5. "Is it proper for the Deacons of our Churches to officiate on Sac- ramental occasions when the Elders are present?" The Assembly answer, "That inasmuch as we have no rule in relation to the subject, the matter is referred to the discretion of the sessions of the churches."— 1867, p. 497, N. S. 6. Deacons may not represent the Church in Church Courts. The record [Synod of Buffalo], p. 156, would lead to the belief that a Deacon of the Church was admitted to a seat in Synod, which, if so. is in violation of the principles of our Church government. — 1860, p. 34, O. S. 120 FOEM OF GOVERNMENT. CHAPTER VII. OF ORDINANCES IN A PARTICULAR CHURCH. The ordinances established by Christ, the head, in a particular church, which is regularly constituted with its proper officers, are prayer, singing praises, reading, expounding and preaching the word of God; administering baptism and the Lord's supper; public sol- emn fasting and thanksgiving, catechising, making collections for the poor and other pious purposes; exercising discipline, and blessing the people. [See under Directory for Worship, Chapters iii., iv., v., vi., vii., viii., xiv., and xv. The subject of collections for pious uses has occupied much of the attention of the Assemblies for many years. In 1854 the Assembly, O. S., issued an address at once comprehensive and exhaustive. See Baird, pp. 174-180. See also under Chapter x viii., sec. ix., on Benevo- lence and Finance.] CHAPTER VIII. OF CHURCH GOVERNMENT, AND THE SEVERAL KINDS OF JU- DICATORIES. I. It is absolutely necessary that the government of the church be exercised under some certain and definite form. ' And we hold it to be expedient, and agreeable to Scripture and the practice of the prim- itive Christians, that the church be governed by Congregational, Presbyterial, and Synodical Assemblies. In full consistency with this belief, we embrace, in the spirit of charity, those Christians who differ from us, in opinion and practice, on these subjects. II. These assemblies ought not to possess any civil jurisdiction, nor to inflict any civil penalties. Their power is wholly moral or spiritual, and that only ministerial and declarative. They possess the right of requiring obedience to the laws of Christ ; and of ex- cluding the disobedient and disorderly from the privileges of the church. To give efficiency, however, to this necessary and scriptural authority, they possess the powers requisite for obtaining evidence and inflicting censure. They can call before them any offender against the order and government of the church ; they can require members of their own society to appear and give testimony in the cause; but the highest punishment to which their authority extends, is to exclude the contumacious and impenitent from the congregation of believers. OF CHURCH-GOVERNMENT AND JUDICATORIES. 121 L. Union of Church and. State Disavowed. Relation to the State. The Committee to whom was recommitted the report on the reference from the Presbyteries of Madison and Lancaster, reported, and their re- port was adopted, and is as follows, viz. : That said Presbyteries invite the attention of the General Assembly to certain slanderous reports extensively circulated against the Presbyterian and other denominations, involving the charge of an attempt on the part of these denominations to unite Church and State, and thus subvert the civil institutions of our country, and intimate their desire that this Assem- bly would take order on the subject, and by some public act disabuse themselves and +heir constituents of such unfounded and injurious imputa- tions. In the opinion of your committee no public act is necessary on the part of this Assembly to refute a charge wholly unsupported by testimony and facts ; nor any exposition of their principles in relation to civil magis- tracy and the claims of the church demanded, other than that contained in our acknowledged ecclesiastical standards, and published to the world. For the better information, however, of any who may be in danger of im- position from unfounded statements, the Assembly would refer to the fol- lowing exhibition of their principles as contained in the accredited consti- tution of the church. "God, the supreme Lord and King of all the world, hath ordained civil magistrates to be under him over the people, for his own glory and the public good, and to this end hath armed them with the power of the sword, for the defence and encouragement of them that are good, and for the punishment of evil-doers. "It is lawful for Christians to accept and execute the office of magis- trate, when called thereunto ; in the managing whereof, as they ought especially to maintain piety, justice, and peace, according to the whole- some laws of each commonwealth, so, for that end, they may lawfully, now 7 under the New Testament, wage war upon just and necessary occasions. "Civil magistrates may not assume to themselves the administration of the word and sacraments ; or the power of the keys of the kingdom of heaven ; or, in the least, interfere in matters of faith. Yet, as nursing fathers, it is the duty of civil magistrates to protect the Church of our common Lord, without giving the preference to any denomination of Christians above the rest, in such a manner, that all ecclesiastical persons whatever shall enjoy the full, free, and unquestioned liberty of discharging every part of their sacred functions, without violence or danger. And, as Jesus Christ hath appointed a regular government and discipline in his church, no law of any commonwealth should interfere with, let, or hinder, the due exercise thereof, among the voluntary members of any denomina- tion of Christians, according to their own profession and belief. It is the duty of civil magistrates to protect the person and good name of all their people, in such an effectual manner as that no person be suffered, either upon pretence of religion or infidelity, to offer any indignity, violence, abuse, or injury, to any other person whatsoever; and to take order, that all religious and ecclesiastical assemblies be held without molestation or disturbance. "It is the duty of the people to pray for magistrates, to honor their per- sons, to pay them tribute and other dues, to obey their lawful commands., and to be subject to their authority, for conscience' sake. Infidelity or dif- ference in religion doth not make void the magistrate's just and legal au- thority, nor free the people from their due obedience to him ; frori which 16 122 FOEM OF GOVERNMENT. ecclesiastical persons are not exempted ; much less hath the pope any power or jurisdiction over them in their dominions, or over any of their people ; and least of all, to deprive them of their dominions or lives, if he shall judge them to be heretics, or upon any other pretence whatsoever.* " "Synods and councils are to handle or conclude nothing, but that which is ecclesiastical ; and are not to intermeddle with civil affairs which con- cern the commonwealth, unless by way of humble petition, in cases extra- ordinary; or by way of advice for satisfaction of conscience, if they be thereunto required by the civil magistrate.")"" " That God alone is Lord of the conscience, and hath left it free from the doctrine and commandments of men, which are in anything contrary to his word, or beside it, in matters of faith or worship. Therefore they consider the rights of private judgment in all matters that respect re- ligion, as universal and unalienable. They do not even wish to see any religious constitution aided by the civil power, further than may be neces- sary for protection and security, and at the same time, be equal and corn* mon to all others.^ " Such are the constitutional principles of the Presbyterian Church in these United States. They were our fathers' principles before and during the revolution, which issued in the consummation of our liberty and inde- pendence, and under the influence of which they prayed, and fought, and bled, by the side of the father of our country. They have been the prin- ciples of their descendants ever since. They are our principles still, adopted from conviction, to whose support we have pledged ourselves under the most solemn sanctions, and by the preservation of which we believe that the common interests of evangelical religion and civil liberty will be most effectually sustained. In closing this statement the Assembly would affectionately and earn- estly exhort the members of their communion that in the fulfillment of their civil and religious duties they watch against all unhallowed feelings, and that they suffer reproach meekly, not rendering railing for railing, nor evil for evil, but by patient continuance in well-doing, they commend themselves to every man's conscience in the sight of God. — 1830, pp. 299, 300. [See also under chap, xii., sec. v., 1873, p. 501.] 2. Right of any Judicatory to bear Testimony against Erroneous and Injurious Publications. Resolved, That in the judgment of this General Assembly it is the right, and may be the duty, of any judicatory of our church to take up, and if it see cause, to bear testimony against any printed publication which may be circulating within its bounds, and which, in the judgment of that judi- catory, may be adapted to inculcate injurious opinions; and this whether the author be living or dead, whether he be in the communion of our church or not, whether he be a member of the judicatory expressing the opinion or of some other. A judicatory may be solemnly called upon to warn the churches under its care, and especially the rising generation, against an erroneous book while the author may not be within their bounds, or immediately responsible at their bar, and while, even if he were thus responsible and within their reach, they might not think it necessary to arraign him as a heretic. To deny our judicatories, as guardians of the churches, this right would be to deny them one of the most precious and powerful means of bearing testimony against dangerous sentiments, and guarding the children of the Church against "that instruction which causeth to err." The writer of such a book may reside at a distance * Conf. of Faith, Chap, xxiii. "f Ibid., Chap, xxxi., Sec. 4. t Form of Government, Chap, i., Sec. 1. OF THE CHUECH SESSION. 123 from the neighborhood in which his work is circulating and supposed to be doing mischief, or he may be so situated that, even if it be proper to com- mence process against him, it may not be possible to commence, or at any rate, to issue that process within a number of months. In the mean while, if the right in question be denied, this book may be scattering poison without the possibility of sending forth an effectual antidote. Indeed, it may be indispensably necessary in cases which may easily be imagined, to send out such a warning, even though the author of the book were fully acquitted from the charge of heresy. — 1835, p. 485. CHAPTER IX. OF THE CHURCH SESSION. I. The church session consists of the pastor or pastors, and ruling elders, of a particular congregation. 1. A Special Session Unconstitutional. a. The Presbytery of Miami did appoint a special session composed of elders belonging to different congregations, for the purpose of trying Mr. Lowrey, and the decision of such a special session was affirmed by the Synod of Ohio ; therefore, Resolved, That the appeal of Mr. Lowrey be sustained, and it hereby is sustained ; and that all the proceedings in the case be, and they hereby are reversed, on the ground that the appointment of such a special session is entirely unconstitutional ; and if Mr. Lowrey has done anything offen- sive, he ought to be tried by the courts that have been instituted by the Constitution of our Church. — 1823, p-. 92. b. This Assembly concur in opinion with the last General Assembly, that the special session appointed by the Presbytery of Miami for the trial of S. Lowrey, was an unconstitutional court, and that all the proceedings of that body in this case, and of the Presbytery of Miami and of the Synod of Ohio, sanctioning the acts of that body, are irregular. And the allega- tion of the Synod in their memorial that this body, though called a ses- sion, was, in reality, no more than a committee of Presbytery, is incorrect, for they are not only denominated a session, but they performed the acts which belong peculiarly to a church session: they sat in judgment upon a member of the church and an elder, and condemned and suspended him ; but no Presbytery has authority, according to the Constitution of our Church, to delegate to a committee a power to perform such acts as those. —1824, p. 115. c. The committee appointed to examine the records of the Synod of Ohio reported. The report was adopted, and is as follows, viz. : That the minutes be approved to page 191, with the exception of the min- utes on page 169, where a select session was appointed by the Presbytery of Miami, which in the judgment of the Assembly was unconstitutional, and of which the Synod has taken no notice. — 1824, p. 117. [For a special case where a session could not act because of the rela- tions of the only elder to the accused, see above, Chap, v., 11.] 124 FORM OF GOVERNMENT. d. The Assembly refuses to Legalize a Special Session. Overture from the Presbytery of Kaskaskia, asking the General Assem- bly to make provision for the calling of special sessions of ruling elders from neighboring churches to obviate delays in cases of discipline for want of quorums of church sessions. The Assembly can afford no relief of the nature proposed to the diffi- culties contemplated. — 1860, p. 28, O. S. 2. An Elder may not Adjudicate in any Church in which he is not an Elder. Overture No. 14, viz., the following question from the Presbytery of Salem, " Has a ruling elder in any case a legal right to adjudicate in an- other church than that of which he is an elder ?" was taken up and de- cided in the negative. — 1831, p. 324. 3. A Minister may not sit as a Corresponding Member of Session nor be assigned as Counsel for the Accused. May a session of a church invite a minister of the gospel belonging to the same Presbytery or Synod to which the church belongs to sit as a cor- responding member of said session ? and when so invited, may such min- ister, at the request of an accused brother, be assigned as counsel for the accused ? The committee recommended that both questions be answered in the negative, and the report was adopted. — 1851, p. 20, N. S. 4. Elders must be ordained.— Neglect of Ordination invalidates a Decision. ' The Committee on Church Polity reported two questions with the re- commendation that they be answered in the negative : — a. 1st. Is an Elder elect a member of the session, and competent to sit in a judicial case before he has been ordained according to the Form of Government? b. 2d. Would a decision in a case of discipline, made by a session whose members have never been ordained according to the Form of Government, Chap, xiii., be a valid and lawful decision, and binding upon the accused? The report was adopted. — 1868, p. 58, K S. 5. Receiving an Elder on a Certificate not used restores him to office. The same Committee reported the following case and question : Mr. C, an acting elder of the church of C, having taken a certificate of dismission, and having retained it about three years, returned it to the session of the church of C, giving satisfactory reasons for not using it, and was restored to the membership of the church. Does the receiving again by the session reinstate Mr. C. as an acting elder of the church <>f C? The Committee recommended that the answer be in the affirmative. The report was adopted.— 1868, p. 58, N. S. [See also Form of Government, Chap, xiii.] II. Of this judicatory, two elders, if there be as many in the con- gregation, with the pastor, shall be necessary to constitute a quorum. OF THE CHURCH SESSION. J 25 1. A Minister with one Elder, if there be but one, may constitute a Quorum. a. The inquiry, which is in these words, "Can a minister with one elder form a session capable of transacting judicial business?" is sufficient- ly answered in the Constitution, Form of Government, chap, ix., sec. 2, where it seems to be implied that cases may occur with infant or feeble churches, in which it would be impracticable for a time to have more than one elder, and yet be necessary to perform acts of a judicial character. For such the Constitution provides; but if there be more than one eider, then two at least, with a minister, are necessarv to form a Session. —1836, p. 263. b. A request from the Presbytery of Muncie, that the Assembly take the necessary steps for procuring such an alteration in the Form of Gov- ernment, as will enable a minister and one elder to perform sessional acts, when the other elder shall, in the judgment of the Presbytery, be from any cause incompetent to act in the case. The Committee recommended to the Assembly to adopt the following minute : Resolved, that no alteration of our constitutional rules is needful to secure the ends of discipline, in the premises. The report was adopted. —1852, p. 210, O. S. c. Where an Elder refuses to Act, and has left the Church. To advise that, if Mr. Armstrong, as alleged, refuses to act as a ruling elder, and has left the church, Mr. Chandler constitutes the session of the First Church of Wilmington, and is entitled to act as such. — 1869, p, 911, O. S. 2. Less than a Quorum incapable of any Organic Act. The law of a quorum is not a mere rule of procedure, a provision of order, but a matter respecting the very being of the judicatory. Any num- ber of members less than a constitutional quorum do not make a judi- catory, and are not competent to any organic act. — 1861, p. 456, N. S. [See below, chap, x: vii. 3, 1861, p. 455, N. S.] III. The pastor of the congregation shall always be the moderator of the session ; except when, for prudential reasons, it may appear ad- visable that some other minister should be invited to preside; in which case, the pastor may, with the concurrence of the session, invite such other minister as they may see meet, belonging to the same Presbytery, to preside in that case. The same expedient may be adopted in case of the sickness or absence of the pastor. IV. It is expedient, at every meeting of the session, more es- pecially when constituted for judicial business, that there be a pre- siding minister. When, therefore, a church is without a pastor, the moderator of the session shall be either the minister appointed for that purpose by the Presbytery, or one invited by the session to pre- side on a particular occasion. But where it is impracticable, without great inconvenience, to procure the attendance of such a moderator, the session may proceed without it. 126 FORM OF GOVERNMENT. 1. Where a Minister is the Accuser, a Minister should. Preside. After stating the cause and reading the judgment of the»session, and the appeal, both parties were fully heard ; and the Synod finding, that as the session had not a minister of the Word to preside through the course of the trial, and that a minister was the accuser of the appellant, it was judged it was at least inexpedient to proceed to trial; and upon the whole we think it best, and do remit the matter back to the Presbytery to be heard and judged of by them de novo. — 1773, p. 447. 2. "Who may Moderate a Session in the absence of a Pastor. a. From the Presbytery of Tombeckbee, the question : Is it orderly that a member of one Presbytery moderate a church session of another Pres- bytery? — which question the Assembly answered in the affirmative. — 1843, p. 198, O. 8. b. 1st. Is it orderly for a session under the care of one Presbytery, to request a minister of another Presbytery to moderate them, without first obtaining leave from their Presbytery ? 2d. Is it constitutional for a minister to moderate a session under the care of a different Presbytery from his own, without first asking and ob- taining leave of the Presbytery having jurisdiction over said session ? Resolved, That the last Assembly, in deciding that a session may invite a minister who is a member of another Presbytery to sit as their moderator, did not include any of those cases in which it is required either in express terms, or by plain implication (Form of Gov., chap, ix., sees. 3 and 4), that the moderator shall be of the same' Presbytery as the congregation ; but are of opinion that in cases of a different kind, for which no provision is made, a member of another Presbytery may be invited to act as mod- erator, if it be found to be expedient. — 1844, p. 359, O. S. e. There is no Provision for inviting any Minister not belonging to the same Presbytery, much less any Minister of the Word. To an overture from the Presbytery of the District of Columbia in these words, viz. : Isolated as a church may be, cut off* from sister churches, having no ordained minister of the same Presbytery residing within forty miles, would it be competent for the elders, in the absence of the pastor, owing to the great inconvenience of procuring a moderator, to meet and trans- act the ordinary business of the session, by organizing, without the pres- ence of a minister of the Word, under articles iii. and iv., chap, ix., of the Form of Government? To this question the Presbytery replied in the negative. Subsequently the Synod of Pennsylvania, to which the Presbytery be- longs, was overtured for its ruling in the case, and reversed the decision of the Presbytery. The Presbytery, believing that the ruling of the Synod establishes a precedent which may work to the injury of Presbyterian polity, and that the ruling of the Synod is contrary to the spirit and language of the ar- ticles iii. and iv., chapter ix., and believing that it is seldom impractica- ble, especially in our cities, to allow the presence of a minister in a session meeting, and believing that elders will not always be able to decide what "ordinary business" may be, and believing that ministers could equally is well consider it impracticable to convene their elders in sessional meet- ing; therefore, the Presbytery of the District of Columbia w T ould respect- OF THE CHURCH SESSION. 127 fully overture the General Assembly through its commissioner for its ruling in the case. The Committee recommended the following response, which was adopted : The question proposed is limited to specified circumstances — namely, "In the absence of the pastor," and "the great inconvenience of pro- curing a moderator," " having no ordained minister of the same Presby- tery residing within forty miles." The Form of Government, chapter ix., section iii., provides that, in " case of the sickness or absence of the pastor," another minister " be- longing to the same Presbytery" may be invited "to preside." There is no provision for inviting any minister not "belonging to the same Presby- tery," to preside over a meeting of the session, much less any minister of the Word. Section iv. declares it to be " expedient at every meeting of the session, more especially when constituted for judicial business, that there be a pre- siding minister ;" but, after providing for a moderator, " where a church is without a pastor," and, of course, in the case stated, section iii., it adds, " But where it is impracticable, without great inconvenience, to procure the attendance of such a moderator, the session may proceed without it." The Committee would, therefore, recommend that the answer to the overture be : That, in cases similar to that stated, the session, under its responsibility to the Presbytery, is the judge of the impracticability of procuring a moderator." — 1869, p. 271, N. S. V. In congregations where there are tw^o or more pastors, they shall, when present, alternately preside in the session. VI. The church session is charged with maintaining the spiritual government of the congregation ; for which purpose they have pow r er to inquire into the knowledge and Christian conduct of the members of the church, to call before them offenders and witnesses, being mem- bers of their own congregation, and to introduce other witnesses w r here it may be necessary to bring the process to issue, and when they can be procured to attend; to receive members into the church; to ad- monish, to rebuke, to suspend or exclude from the sacraments those who are found to deserve censure ; to concert the best measures for promoting the spiritual interests of the congregation, and to appoint delegates to the higher judicatories of the Church. 1. The Sassion has Original Jurisdiction over Church Members. a. It [the Assembly] has no power to commence a process of discipline with an individual offender. That, by a just and wise arrangement, be- longs to the session in the case of a layman, to the Presbytery in the case of a minister.— 1856, p. 200, N. S. b. Resolved, That the church of Genoa be referred to the minute of the Assembly formed in the case of David Price in the year 1825, from which it will appear that in the judgment of the Assembly "an admonition" was "deserved" by the said Price in consequence of his unchristian conduct. And it is the judgment of this Assembly that the session ought imme- diately to have administered such admonition ; that they ought still to administei it ; and that if the said Price refuse to submit to such admoni- tion, or do not thereupon manifest repentance and Christian temper to the 128 FORM OF GOVERNMENT. ?atisfaction of the church, he ought not to be received into the communion of that or any other Presbyterian Church. — 1827, p. 203. c. The Synod [of Genesee] seems to have forgotten the nature and lim- its of its appellate as distinguished from the original jurisdiction in the case, in that they censure at their bar the appellant in a way competent in any circumstances only to the session of the church to which the ap- pellant was primarily amenable. — 1840, p. 11, N. S. d. No vote of the congregation of a Presbyterian church can affect the rights of a communing member as such. All such power is vested in the session. — 1866, p. 54, O. S. 2. Jurisdiction over a Suspended Member is in the Church which suspended him. Overture from certain members of the Presbytery of Madison. We desire to make the following statement and inquiries : A person is, we will suppose, under suspension in one of our own churches. He removes, and unites, on examination, with another of our churches, the session of the latter one being wholly ignorant of his former membership, and, of course, of his suspension. The facts are, however, afterward discovered. Would this discovery of itself vitiate his second membership, and leave him simply a suspended member of the former church ? Would unworthiness for church membership, clearly manifested while in the latter church and before said discovery, rightfully add any efficacy toward producing this result? To the first of the above questions the Committee recommend an an- swer in the affirmative ; to the second, if the question mean whether the Session of the second church has jurisdiction in the case of unworthinesses manifested in the second relation, the Committee recommend an answer in the negative; but if the question mean whether the unworthinesses manifested in the second relation be proper ground of separate process by the session of the first church, the Committee recommend an answer in the affirmative. In respect to the whole case the Committee agree in the statement following : The person, uniting with the second church on examination, unites de- ceptively. So soon as the facts in the case are ascertained by the session of this second church, the proper order of procedure is for this session, after conference with the accused person, to strike his name from their roll of church members as not under their jurisdiction, to communicate their action to the session suspending him, with the reasons for it, and tc request the said session to proceed against him on separate process foi duplicity and disorder. The reply of the Committee was adopted. — 1866, p. 269, N". S. 3. A Church Member may not be Excommunicated on Confession of Heresy "without Process. — Confession of Judgment may Shorten Process. A church member comes before the session, makes a voluntary confes- sion of heretical sentiments, acknowledges a breach of covenant and waives the formality of a trial, in view of and in order to excommunication from the church. Can such church member be excommunicated on such confession and declaration without the actual process prescribed by the book ? The Committee find that the question thus raised was answered sub- OF THE CHURCH SESSION. 129 stantially by the last Assembly (see Minutes, page 12);* and whilst they recommend that the party asking it be referred to that response, they also recommend that the Assembly affirm the impropriety of a church court reaching and recording such grave result of discipline as excommunica- tion from the church without a strict adherence to those forms of fair, im- partial trial by which alone the result may be justified. If an accused person confess judgment, the actual process may be shortened, but should not be dispensed with. The reply of the Committee was adopted. — 1866, p. 268, N. S. 4. The vote of the Session is the Reception to Membership. — It must involve Baptism.— The Use and Authority of Local Confes- sions and Covenants. The Committee on Bills and Overtures reported on Overture No. 9, making inquiry concerning the relation of persons received, by act of session, during the interval of such reception and the subsequent sacra- mental Sabbath. The report was adopted, and is as follows : In answer to the several questions contained in the above overture, the Assembly refers to the Form of Government, chapter ix., section 6, in which the reception of " members into the church" is expressly specified as one of the duties and powers of the church session. For this purpose the Session is the church, and its act of admission the act of the church. When, therefore, an applicant for admission by letter is received by a vote of the session, he is at once a member of the church, entitled to all the privileges, and subject to all the responsibilities, of this relation. The same rule equally applies to candidates for admission into the church on a profession of their faith. The vote of the session is the essential and final act by which they are thus received, and needs no sub- sequent action of the' church to give it reality or validity. The adminis- tration of baptism according to the word of God, in the case of unbap- tized persons, must, of course, be involved in, and attendant upon, this sessional act, either at the time, which would be entirely proper, or at a subsequent period appointed for this purpose. The session, if thus choos- ing, may prescribe a public profession of faith before the whole church as a convenient usage, and for this purpose may employ a church confes- sion and covenant. This is the practice with many sessions, and, where this practice is adopted, it is proper that the officiating minister or clerk of the session should report a statement of the fact in accordance there- with, and that the report should be formally entered upon the record of the session. It is well, however, to remember that the confessions of faith and cove- nants in use among local churches, though regarded by many as conve- nient and useful, and certainly sanctioned by a very prevalent usage, are nevertheless not essential to the organization of a church, or the establish- ment of membership therein, since they are not the authoritative standard of faith or practice in the Presbyterian Church. Such confessions and covenants, with the accompanying form of a public profession, may or may not be used, as shall seem most expedient to the session. Whether used or not, the vote of the session is, by the constitution of the Presby- terian Church, the act on which the membership depends, and, in all cases, the records of the session should be made to correspond with this fundamental principle of the polity of the Church. *The response was, "That the party asking the above question be referred to the Book of Discipline, chap. i\\, and that such session be urged to follow strictly the order laid down therein."— 1865, p. 12, N. S. 17 130 FORM OF GOVERNMENT. These principles cover all the points submitted in the above overture. Their application is simple, and hence the Assembly sees no occasion foi giving a more detailed and specific answer to the several questions pre- sented for its consideration. — 1865, pp. 22, 23, N. S. 5. An TJnbaptized Person applying for Admission to the Church must be Baptized. The Committee on the Polity of the Church reported an overture, asking " whether a vote of a session entitles a person to the privileges of the church, who is not baptized and has not made a public profession of faith." They recommended the following answer : The vote of session does not entitle an unbaptized person to the privi- leges of the church, for the reason that baptism, as our Confession of Faith declares (chap, xxviii., sec. 1), is declared to be a sacrament for the solemn admission of the party baptized into the visible Church. The public profession of one's faith may for sufficient reasons, as our Directory of Worship allows, be omitted ; but the exceptional case does not respect baptism, which precedes the admission of the party to the Lord's table. The vote of the session to this effect must be conditioned upon the baptism, and can in no case be a substitute for the sacrament itself. The report was adopted.— 1867, p. 496, N. S. See Directory for Worship, chap, ix., sec. iv. 6. Members of other Churches should be Received only on Cer- tificate. Nor can the Assembly forbear to regret that the session of the church of Chillicothe had not acted in a more formal manner in receiving Mr. McCalla, and had not required a regular certificate of dismission from the church to which Mr. McCalla belonged before they received him. — 1821, p. 21. [See Form of Government, chap, xi., sec. i.] 7. Members should be Received to the Church only by a Session Regularly Constituted. The Committee to whom was referred the subject involved in so much of the records of the Synod of Cincinnati as relates to the admission of persons to church privileges at the great meetings common in that region, made the following report, which was adopted, viz. : That they have given this subject a careful consideration, and recom- mend the adoption of the following resolutions, viz.: a. 1. Resolved, That the order of the churches requires that all persons making a public profession of religion, be introduced to the communion of the church only by an individual session regularly constituted. b. 2. Resolved, That it is the right and duty of sessions to take the ex- clusive oversight of their respective congregations, and the practice of one session admitting to a Christian profession persons belonging or intending to belong to a congregation under the care of another session, is irregu- lar.— 1832, p. 373. c. The same Committee reported an overture, asking if it be in accord- ance with ecclesiastical law and order in the Church, to receive members of another church who have not been regularly dismissed, with a view to such a change of relation. The Committee recommended that, so far as churches in our own con- nection are concerned, the question be answered in the negative, and refer to the Book of Discipline, chap, xi., sec. 1. The report was adopted.— 1868, p. 58, N. S. OF THE CHURCH SESSION. 131 8. Representation in the Superior Courts Required. a. Mr. McNish's reasons for not bringing an elder or representative with him, were heard and sustained. Mr. Henry's representative of the congregation being absent, and his reasons for not coming being inquired into, he said the present condition of his people made it necessary that there should be a particular collection made by the congregation for defraying the charges of the representative to the Presbytery, and it was allowed that there should. The reasons of Mr. Pumry's elder's absence w r ere inquired into and sus- tained. — 1716, p. 43. b. The Synod do recommend it to the several Presbyteries belonging to their body to call those sessions to account that do not send elders to at- tend upon the Synod and Presbyteries, and to enjoin these sessions to call those elders to account that do not attend upon judicatories, when sent by them.— 1753, p. 256. 9. Attendance on the Superior Courts Enforced. a. Upon calling over the roll it being found that many of the elders have gone home without leaving any reasons for their so doing, the Synod do order that such elders as do withdraw from the Synod without leave, shall be left to the censure of their sessions, and report made thereof to the next Synod. And the Synod do recommend it to the several congre- gations to defray the necessary charges that their elders be at, during their attendance upon the Synod. — 1735, p. 117. b. The records of the Synod of Pittsburg were approved, with the ex- ception, "that ruling elders were not called upon for reasons for absence, as in the case of teaching elders. — 1859, p. 531, O. S. 10. The same Elder must Represent his Church at an Adjourned Meeting who Represented it at the Stated Meeting-. Exception to the records of the Synod of Columbus, " That on p. 73, this minute is made: Your Committee would recommend that Overture No. 2, 'Can a Session be represented by a different elder at adjourned meetings of Presbytery, be answered in the affirmative. Adopted.' This action of the Synod is in direct variance w 7 ith a deliverance of the Assem- bly of 1827."— 1872, p. 68. The deliverance referred to is as follows, viz. : Resolved, That in the judgment of this General Assembly, the con- struction of the Constitution, (Form of Government, chap, xxii., sec. 1,) which allows commissioners, after holding their seats for a time, to resign them to their alternates, or which allows alternates to sit for a while and then resign their places to their principals, is erroneous; that the practice growing out of this construction is inexpedient ; and that it ought to be discontinued. [Adopted.]— Minutes, 1827, p. 209. [See the deliverance in full, Form of Government, chap, xxii., sec. ii., on commissioners to the General Assembly. The reasoning adopted by the Assembly, however, applies to the case in hand only when a given subject is adjourned over, as a trial begun, etc. The Assembly of 1827 evidently had not adjourned meetings of Presbyteries in mind.] 11. The Session has no Power to Prohibit Collections Ordered by the Assembly. a. Ordered, That every minister, according to our former agreement, propose the collection for the fund to his congregation, and as it is a syn- 132 FORM OF GOVERNMENT. odical appointment, it is inconsistent with our Church government to be under the check or prohibition of a church session ; they indeed may give or withhold their charity, but may not prevent a minister to propose it publicly, according to our appointment. Ordered, likewise, That every Presbytery take care of the conduct of their members, how they observe this agreement previous to their coming to the Synod, and that they gather the collection from absent members. — 1755, p. 215. b. Whereas, it appears that some of the congregations under the care of this Assembly, though duly informed of the injunction made at our last sessions respecting the raising of contributions for the support of mis- sionaries to the frontiers of the country, have not complied with the same, the Assembly, therefore, thought proper to continue the above-mentioned order, and do hereby enjoin it on all the Presbyteries to give particular attention that every congregation raise the specified contribution, and that all the contributions be sent forward as soon as possible to the treasurer of the General Assembly. — 1790, p. 24. For powers of the session over house of worship, see under chap, ii., sec. iv., v., a. b. above. For powers of session over church music, see Directory for Worship, chap, iv., sec. iv. For powers of the session when a congregation is vacant and in settling a minister, see Form of Government, chap, xv., sec. i., par. i., ii. and iv. "VII. The pastor has power to convene the session when he may judge it requisite ; and he shall always convene them when requested to do so by any two of the elders. The session shall also convene when directed so to do by the Presbytery. VIII. Every session shall keep a fair record of its proceedings, w T hich record shall be at least once in every year submitted to the in- spection of the Presbytery. 1. The Records Should be Full. It appearing from the official certificates of the stated clerks of all the courts below, that important documents in evidence before the session which first tried the case of Beck and McMahon were not sent up to the Presbytery and Synod, it is therefore ordered that this case be sent back to the Presbytery of Charleston for a new trial, and that the session of the church of Columbia be directed to correct their record, and to send to the Presbytery an authentic copy of all the evidence and all the docu- ments before them.— 1843, p. 186, O. S. 2. Testimony in Judicial Oases must be Engrossed upon the Records. Also Overture No. 6, from the Presbytery of Catskill, asking whether, in cases of judicial process by church sessions, the testimony of witnesses should be engrossed on the Book of Permanent Record. The Committee recommended that the following answer be given : The testimony of witnesses, in all cases of judicial process by church sessions, should be engrossed on the Book of Permanent Records. The end to be secured by such a record is indicated in our Book of Di scipline, chap, iv., sec. xxiii., where it is required that everything which had an . influence on the judgment of the court must be exhibited by the record. OF THE CHUKCH SESSION. 133 Files are liable to be separated from the Book of Permanent Records, and nothing but what is contained in the Record may be taken into con- sideration in reviewing the proceedings in a superior court. The recommendation was adopted. — 1862, p. 34, N. S. 3. Records once Approved by a Superior Judicatory may not be Altered by the Inferior. Also Overture No; 7, from the session of the Church of Wabash, Indi- ana, on the following questions : 1. After the records of a church session have been examined and ap- proved by the Presbytery, and those of the Presbytery in like manner approved by the Synod, has either the session or the Presbytery a right or any authority to change or erase the record? 2. If not, has the session any legal right to make a second record de- claring the first erroneous and void ? The Committee recommended that the following answer be given : A record, once approved by a higher court, cannot be altered or an- nulled by a lower one. If there be an error in the record, the remedy is to be sought by an application to the highest judicatory that has endorsed such mistake. The recommendation was adopted. — 1862, p. 34, N. S. IX. It is important that every church session keep a fair register of marriages; of baptisms, with the times of the birth of the individuals baptized ; of persons admitted to the Lord's table, and of the deaths, and other removals of church members. 4. Statistical Reports should show only the Actual Membership. Resolved, That the Presbyteries be instructed to institute inquiries among the several churches under their care, as to the number of their commu- nicants; so that it maybe ascertained, that the utmost care has been taken to clear their church registers of all deceased, dismissed, and lost mem- bers ; and that it may thus be known what is the actual membership of each of their churches. — 1869, p. 272, N. S. [See Discipline, chap, x., on Jurisdiction. 5. Ordained Ministers not to be Enrolled as Members of the Church they Serve. Whether ordained ministers of the gospel ought not to be considered church members, and to have their names enrolled on the sessional records of the church, where they are settled as pastors, or stated sup- plies, which question the Committee recommended to be answered in the negative. Adopted.— 1843, p. 176, 0. S. 134 FORM OF GOVERNMENT. CHAPTEE X. OF THE PRESBYTERY. I. The Church being divided into many separate congregations, these need mutual counsel and assistance, in order to preserve sound- ness of doctrine, and regularity of discipline, and to enter into com- mon measures for promoting knowledge and religion, and for prevent- ing infidelity, error, and immorality. Hence arise the importance and usefulness of presbyterial aud synodical assemblies. II. A presbytery consists of all the ministers, in number not less than five, and one ruling elder from each congregation, within a certain district. 1. The Presbyteries Constituted of Ministers at the First. a. It having pleased divine Providence so to increase our number, as that, after much deliberation, we judge it may be more serviceable to the interest of religion, to divide ourselves into subordinate meetings or Pres- byteries, constituting one annually as a Synod, to meet at Philadelphia or elsewhere, to consist of all the members of each subordinate Presbytery or meeting for this year at least : Therefore it is agreed by the Presbytery, after serious deliberation, that the first subordinate meeting or Presbytery, to meet at Philadelphia or elsewhere, as they shall see fit, do consist of these following members, viz. : Masters Andrews, Jones, Powell, Or, Brad- ners and Morgan. And the second to meet at New Castle or elsewhere, as they shall see fit, to consist of these, viz. : Masters Anderson, McGill, Gillespie, Wotherspoon, Evans, and Conn. The third to meet at Snow Hill or elsewhere, to consist of these, viz. : Masters Davis, Hampton, and Henry. And in consideration that only our brethren Mr. McNish and Mr. Pumry, are of our number upon Long Island at present, we earn- estly recommend it to them to use their best endeavors with the neigh- boring brethren that are settled there, which as yet join not with us, to join with them in erecting a fourth Presbytery. And as to the time of the meeting of the respective Presbyteries, it is ordered that that be left to their own discretion. — 1716, p. 45. b. Agreed that Messrs Cross, Gilbert Tennant, Francis Alison, Treat, Chesnut, Martin, Beatty, Greenman, Hunter, Ramsey, Lawrence, and Kinkead, be the Presbytery of Philadelphia. Agreed that Messrs, John Miller, Tuttle, Harris, Henry, and Wilson, be a Lewestown Presbytery, and have under their care the congregations in Kent on Delaware, Sussex, Worcester, Somerset, Dorset, Queen Anne's, and Kent in Maryland. — 1758, p. 288. Agreed, that Messrs. Craighead, Black, Craig, Miller, Davies, Todd, Henry, Wright, Brown, and Martin, in Virginia and southward, be the Presbytery of Hanover, to meet for the first time at Mr. Wright's congre- gation in Cumberland county, on the second Wednesday of July next. — 1758, p. 289. c. An overture was laid before the Assembly, through the Synod of Philadelphia, requesting a division of the Presbytery of Carlisle. Where- upon, Resolved, That the said Presbytery be divided into two Presbyteries, by OF THE PRESBYTERY. 135 a line along the Juniata River from its mouth up to the Tuscarora Moun- tain ; thence along the Tuscarora Mountain to the head of Path Valley ; thence westwardly to the eastern boundary of the Presbytery of Redstone, so as to leave the congregation of Bedford to the south ; that the ministers settled south of said line, viz. : Mr. Snodgrass, Mr. Waugh, Mr. Linn, Dr. Nesbit, Dr. Davidson, Mr. Wilson, Dr. Cooper, Mr. Craighead, Dr. King, Mr. Lang, Mr. McPherrin, Mr. Paxton, Mr. Black, Mr. Henderson, Mr. McMurdie, and Mr. Jones, together with all those who have been, or shall be, ordained or admitted, within the limits now prescribed for the Presby- tery of Carlisle, since the last annual report from that Presbytery till the time when the said Presbytery shall be dissolved, shall be known by the name of the Presbytery of Carlisle. And also, that the ministers, settled north of the aforesaid line, viz. : Mr. Bard, Mr. John Johnston, Mr. Ste- phen, Mr. James Johnson, Mr. McGill, Mr. Marten, Mr. Bryson, Mr. Mor- rison, and Mr. Hoge, together with all those who have been, or shall be, ordained or received, by the Presbytery of Carlisle within the limits pre- scribed for the Presbytery till the time when the Presbytery of Carlislb shall be dissolved, shall be known by the name of the Presbytery of Hun- tingdon.— 1794, p. 89. [See also 1802, p. 251, 252. 1805, p. 324, 325. 1826. p. 176. 1827, p. 206. 1832, p. 361. 1848, pp. 20, 21, O. S. Later usage is to specify the congregations within the bounds assigned. A Presbytery may, how- ever, be formed without any organized churches. See 1848, p. 20, O. S. 1851, p. 35, O. S. But not without a definite territory. 1834, p. 441. Nor within the bounds of another Presbytery. — 1873, pp. 506, 525.] d. The Assembly Refuses to erect a Presbytery of less than the Constitutional Number. Overture No. 20, from eight ministers and ruling elders in the Indian Territory, petitioning for a new Presbytery of that name. The Committee report that it does not appear that the number of ministers now constitu- tionally requisite for the formation of a Presbytery are found among the petitioners or in the proposed region. They, therefore, recommend that the answer be in the negative. Adopted. — 1871, p. 545. 2. Presbyteries should be Bounded by Geographical Limits. a. Resolved, That, except in very extraordinary cases, this Assembly are of the opinion that Presbyteries ought to be formed with geographical limits.— 1834, p. 441. b. " Elective Affinity " condemned. Resolved, That the erection of church courts, and especially of Presby- teries and Synods, on the principle of "elective affinity" — that is, judica- tories not bounded by geographical limits, but having a chief regard in their erection to diversities of doctrinal belief and of ecclesiastical polity — is contrary both to the letter and the spirit of our constitution, and opens a wide door for mischiefs and abuses of the most serious kind. One such Presbytery, if so disposed, might in process of time fill the whole Church with unsound and schismatic ministers, especially if the principle were adopted that regular testimonials must of course secure the admission of those who bore them into any other Presbytery. Such a Presbytery, moreover, being without geographical bounds, might enter the limits and disturb the repose of any church into which it might think proper to in- trude, and thus divide churches, stir up strife, and promote part}- spirit 136 FORM UF GOVERNMENT. and schism with all their deplorable consequences. Surely a plan of pro- cedure in the Church of God which naturally and almost unavoidably tends to produce effects such as these, ought to be frowned upon, and, as soon as possible, terminated by the supreme judicatory of the Church. — 1835, p. 486. [Exceptions were made in behalf of the missionaries among the Indians. Minutes 1826, p. 181 ; 1828, pp. 246, 247 ; 1829, p. 259. See New Digest, pp. 130, 131.] c. Overture No. 2, from the Presbytery of Cincinnati, touching the con- dition of certain churches in Kentucky seeking connection with us. The Committee recommend that for the present such churches be allowed to connect themselves with the Presbyteries contiguous most to their conve- nience. The report was adopted. — 1859, p. 17, N. S. d. No. 3. A memorial from Rev. Benjamin Mills and others, of the Synod of Kentucky, with respect to himself and others, formerly members of the Synod of Kentucky, expressive of their attachment to us and their desire to return to our connection, if, with their views on the subject of slavery, the way may be open to receive them. The committee recom- mend that these ministers and churches, and others similarly situated, be referred to the Presbytery of Cincinnati or any other border Presbytery; and that such Presbyteries be authorized so to extend their jurisdiction as to receive any such ministers and churches situated near their borders, whose principles and practice are found to harmonize with the position of the Church as expressed and published to the world by former Assemblies. Adopted.— 1859, p. 18, N. S. 3. Ministers without Charge are Constituent Members of Presbytery. Are ministers without charges constituent members of our church judi- catures, and have they an equal voice with settled pastors and ruling elders of congregations in ecclesiastical governments? In the judgment of this Assembly this question is answered affirma- tively, Chap, x., sec. ii., of the Form of Government of the Presbyterian Church, in these words: "A Presbytery consists of all the ministers and one ruling elder from each congregation within a certain district." — 1816, p. 615. [See 1859, p. 533, O. S., chap, x., 8, below.] 4. An Elder without Charge cannot be Admitted, to a Seat. [See above, chap, v., 3.] 5. Non-Residents to be Transferred to the Presbyteries within the Bounds of which they Reside. The Committee to whom was referred an overture from the Synod of Albany, in regard to non-resident members of Presbyteries, made the fol- lowing report, which was adopted, viz. : In conformity with the overture from the Synod of Albany, the Com- mittee would recommend to the Assembly the adoption of the following resolution, viz.: Resolved, That it be enjoined on the Presbyteries to inquire carefully in regard to any of their members, who may be residing without the bounds of their respective Presbyteries, whether there be sufficient cause for such OF THE PRESBYTERY. 137 non- residence; and if not, that measures be taken to transfer the relation of such ministers to the Presbyteries in the bounds of which they reside. —1836, p. 272. 6. Ministers without Charge must Unite with the Presbytery ■within whose Bounds they Reside. 5. That ministers without charge are required to unite with that Pres- bytery, within the geographical limits of which they ordinarily reside, or are nearest to, and to which they shall be amenable for the proper dis- charge of their ordination engagements. — 1870, p. 88. 7. The above Rule Denned and Affirmed. The Committee on Bills and Overtures reported back Overture No. 32, which was adopted as explanatory of principle 5, page 88, of the Minutes of the Assembly of 1870, as follows: The Assembly, in reconstructing the Church, did, by the act of recon- struction, design to return to the exact language of the Form of Govern- ment, which declares that a " Presbytery consists of all the ministers and one ruling elder from each congregation within a certain district. Minis- ters residing within the geographical limits of a Presbytery were, ipso facto (provided they were in good standing in the Presbytery to which they belonged), members of that Presbytery, and should have been so en- rolled." After the Presbyteries were reconstructed, all ministers uniting with them could only be received by regular letters of dismission and recom- mendation. The Assembly also affirms the duty of ministers to unite with the Pres- byteries within whose bounds they reside ; except where their ministerial labors are in an adjacent Presbytery. — 1872, p. 94. [For a case where a minister was not in good standing, see Discipline, chap, x., sec. iii., 3, case of Jno. F. Severance.] 8. Presbyteries to be Denned by Geographical Lines or Lines of Travel. 1. That each several Presbytery, with the ministers and churches within its limits, be defined as to boundaries by geographical lines, or with respect to the most convenient lines of travel. — 1870, p. 88. 9. Presbyteries may not be Organized so as to Cover the same Ground. a. A memorial from David M. Wilson, of the Presbytery of Kingston, Synod of Tennessee, praying this General Assembly to give an authorita- tive deliverance in reference to the right of a Synod to organize a colored Presbytery on territory included in Presbyteries already existing. The Committee on Polity recommend that this request be granted, and that the authoritative deliverance be made according to the definition of a Presbytery, in chap, x., sec. ii., of our Form of Government, viz.: "A Presbytery consists of all the ministers, in numbers not less than five, and one ruling elder from each congregation within a certain district," The General Assembly must forbid the organization of more Presbyteries than one upon the same ground, allowing no distinctions of race or color, or language to interfere with the unity and simplicity of that oversight which the constitution of this Church requires. Adopted. — 1873, p. 525. 18 138 FORM OF GOVERNMENT. b. The Committee (on Polity) would give the same reply to the applica- tion for a German Presbytery that was given to the application for a col- ored Presbytery. (See above.) Adopted. — 1873, p. 539. c. The Committee on the Records of the Synod of Tennessee recom- mended their approval, except that the organization of a Presbytery as authorized by the action of Synod, recorded on p. 361 (see a above), would be irregular, for the reason that the new Presbytery would cover territory already belonging to other Presbyteries, and the same territory thus come under the jurisdiction of different Presbyteries. Adopted. — 1873, p. 506. III. Every congregation which has a stated pastor has a right to be represented by one elder; and every collegiate church by two or more elders, in proportion to the number of its pastors. Overture No. 17, from a member of the Synod of Pittsburg, as follows: Is a church having two pastors, one aged or infirm, the other associate or co-pastor, entitled to two elders in Presbytery and Synod ? Or what is the meaning of a " collegiate church," in chap, x., sec iii., of the Form of Government? The Committee recommended this answer : The general principle of our polity is that there shall be in our church courts an equal number of ministers and ruling elders. But vacant churches are entitled to a representation. The term " collegiate church" is used in two senses, first of a church with more than one pastor ; second, of two or more churches united under the care of one pastor. The report was adopted. — 1868, p. 651, O. S. IV. Where two or more congregations are united under one pastor, all such congregations shall have but one elder to represent them. 1. United Congregations Represented by one Elder. An overture from the Synod of Mississippi, asking, " When two or more congregations have separately called one and the same minister to become the pastor of each church, and he accepts these calls, and is installed over these congregations as pastor, are these churches entitled to one or more elders to represent them in Presbytery?" The Committee recommended the following resolution, which was adopted, viz. : Resolved, That the question be answered in the negative. — 1847, p. 377, O. S. [The meaning of the above is that the united congregation are entitled to be represented in Presbytery by oue elder.] 2. Where a Minister is Pastor of one Church, and Stated Sup- ply of another, each is entitled to be Represented. Where a minister is at the same time pastor of one church, and acts as stated supply of another, has each of said churches a right to be rep- resented by its own elder, at the same meeting of the Presbytery or Synod ? or does this case come under the rule chap, x., sec. iv., Form of Gov- ernment ? The Assembly answer, That churches having stated supplies only are not such churches as are contemplated in the article referred to, and OF THE PRESBYTERY. 139 have a right of representation according to the principles of the Form of Government, chap, x., sec. v. — 1851, p. 15, K S. ; also 1847, p. 377, O. S. 3. Churches in different Presbyteries under one Pastor, as permit- ted by the Reconstruction Act. Overture No. 16, from the Presbyter}' of Kittanning, asking further action from the Assembly in reference to churches in different Presby- teries united in one pastoral charge. The Assembly judge any additional action upon the subject to be un- necessary, as the action of the previous Assembly was intended to cover all such cases, and is valid, until repealed. — 1872, p. 86. The action referred to is as follows, viz. : 4. That, when two or more congregations, on different sides of a synod- ical or presbyterial line, are under one pastoral charge, they shall all, for the time, belong to that Presbytery with which the minister is connected, but only so long as such pastoral relation continues. — 1870, p. 88. V. Every vacant congregation which is regularly organized shall be entitled to be represented by a ruling elder in Presbytery. 1. Every Congregation is Vacant -which has not a Pastor duly Installed. a. Should every congregation be considered as vacant which is not united to any minister in the pastoral relation ? and if it should, is not every such congregation entitled to be represented by a ruling elder in Presbytery ? Resolved, That from a comparison of sections iii. and v. of chap, x., Form of Government, it is evident that every congregation without a pas- tor is to be regarded as a vacant congregation, and consequently, if regu- larly organized, is entitled to be represented by a ruling elder in a Pres- bytery.— 1843, pp. 190, 196, O. S. b. When a domestic missionary has organized in his field of labor two or more churches to which he statedly ministers, though not installed as pastor over any of them, are these churches to be considered vacant, and have they a right each to send an elder to represent them in Presby- tery ? Answer : That in the cases specified the churches are vacant, and en- titled to be represented by elders.— 1860, p. 38, O. S. [See iv., above.] VI. Every elder not known to the Presbytery shall produce a cer- tificate of his regular appointment from the church which he repre- sents. VII. Any three ministers, and as many elders as may be present belonging to the Presbytery, being met at the time and place ap- pointed, shall be a quorum competent to proceed to business. 1. A Quorum may be Constituted wholly of Ministers. a. Resolved, That any three ministers of a Presbytery, being regularly convened, are a quorum competent to the transaction of all business, agree- 140 FORM OF GOVERNMENT. ably to the provision contained in the Form of Government, chap, x., sec. vii. [Yeas 83, nays 35.]— 1843, p. 196, O. S. In answer to memorials on this subject, the Assembly — b. Resolved, That the last Assembly, in determining that three minis- ters are a quorum of the Presbytery when no ruling elders are present, did not detract in any degree from the dignity and importance of this office, nor did they question the perfect right or duty of eiders to be present and take part in all acts of government and discipline, but only declared that according to the true intent and meaning of our constitutional rules, their absence does not prevent the Presbytery from constituting and trans- acting business if three ministers are present ; and this decision is based upon the fact that ministers are not only preachers of the gospel and ad- ministrators of sealing ordinances, but also ruling elders in the very nature of their office. [Yeas 134, nays 45.]— 1844, p. 370, O. S. [Against this action of the Assembly a protest was entered by twenty- eight members of the Assembly. For protest and answer see Baird's Col- lection, revised ed., pp. 71, 75. The Assembly disavows the charges by the following :] c. Resolved, That this Assembly, in reaffirming those decisions of the last Assembly which have been called in question, design to maintain the purity, order and peace of the Church, and the continued and faithful observance of those principles and regulations which have heretofore been found to consist with true Christian liberty and secure the common wel- fare of all classes in the Church. Also, they reaffirm and maintain the scriptural authority of the office of ruling elder, and the great importance and solemn obligation of the attendance of elders on the meetings of the judicatories of the Church, and of their equal participation in the exer- cise of government and discipline. — 1844, p. 371, O. S. 2. Less than three Ministers cannot be a Quorum. The records of the Synod of Genesee were excepted to because the Synod made two clerical members of Presbytery a quorum for business. — 1857, p. 387, N. S. 3. Less than a. Quorum can do no Presbyterial Act other than to Adjourn.— They cannot Receive a Member, so as to form a Quorum. The Committee appointed by the last Assembly with reference to a presbyterial quorum presented their report, which was adopted, and is as follows: The overture is presented in three several branches, and is in the fol- lowing words, viz. : 1st. Has any number of members of a Presbytery less than a quorum for the transaction of business, as mentioned in the Form of Government, chap, x., sec. vii., authority to transact any business except to adjourn ? Have they authority to receive members into the Presbytery, to send del- egates to the General Assembly, etc.? 2d. And where members received into the Presbytery by a number less than a quorum take up charges on "common fame" against a minister of the gospel belonging to such Presbytery, is a trial founded on charges so taken up authorized by our Book of Discipline? 3d. Is a Presbytery duly organized, when the moderator and temporary clerk are ministers, who have not been admitted into the Presbytery by a quorum for the transaction of business? And is any business transacted OF THE PRESBYTERY. 141 by a Presbytery so organized constitutional, especially the trial of a minister of the gospel ? The Committee are unanimous and unhesitating in the following views, presented under the several branches of the overture in their order : As to the first branch of the Overture : The law of a quorum is not a mere rule of procedure, a provision of order, but a matter respecting the very being of the judicatory. Any number of members less than the constitutional quorum do not make a judicatory, and are not competent to any organic act. Nor can they, by associating others with themselves, under the pretence or form of receiving them as members of the judicatory, make a constitutional quorum. Their acts are simply null and void. Ex nihilo nihil fit. This statement applies to every judicatory in the series from the church session to the General Assembly. Any number of persons less than " three ministers and as many elders as may be present belonging to the Presbytery," do not constitute a Pres- bytery, and are not competent to do a presbyterial act. Of course they have not "authority to receive members into the Presbytery," nor "to send delegates to the General Assembly." Ministers received by them do not thereby become members of the Presbytery, and, if they assume to act as such, they are simply aliens and intruders. Commissioners sent by them to the General Assembly should not be allowed to sit, when the facts of their appointment are understood. The doings of such a meeting should not have a place on the records. But if the stated clerk records them, the Presbytery itself, when constitu- tionally organized, should take action to adopt or disaffirm them ; and, in failure of this, the Synod, under its power of review and control, should, on inspection of the records, notice the unconstitutional proceedings, and require the Presbytery to make the necessary correction. Were it necessary to confirm these positions, it would be sufficient to refer to the decision of the General Assembly (Digest, p. 105) in regard to a quorum of sessions, to the effect, that what is "necessary to constitute a quorum," is "necessary to form a session;" and to the deliverance of the Assembly of 1860 (see Minutes, pp. 260, 261), on an overture re- specting certain disorderly proceedings of a church, in which the princi- ple is involved and affirmed, that an "unconstitutional act" is "utterly null and void ;" and that " being void," it "works no effect." As to the second branch of the Overture : "Taking up charges" is equivalent to "entering process," or "com- mencing process." (Cf. "Book of Discipline," chap, iii., sec. v., with chap, v., sees. ii. and v.) It is the beginning, or first formal step, of a judicial proceeding; and is of course the act of the judicatory. Now, all the pro- visions of the "Book of Discipline," in relation to the trial of persons sub- ject to the jurisdiction of a judicatory, presuppose and assume, that "the charges have been taken up," as well as that every subsequent step of the proceedings has been had by the judicatory itself. Hence the "Book of Discipline" does not "authorize" the trial of a minister of the gospel by his Presbytery, "on charges taken up" by individuals usurping its prerog- atives, but only on charges taken up by itself. The "Book of Discipline," however, prescribes (chap, vii., sees. i. and iv.) that "no judicial decision of a judicatory shall be reversed, unless it be regularly brought up by appeal or complaint." The trial of a minister, under the circumstances proposed in the over- 142 FORM OF GOVERNMENT. ture, must be regarded as any other trial, where there has been informality or irregularity in the citatiou, or other preliminary stages of the process. The trial; with the judgment based upon it, must be respected, until the Synod, as the superior judicatory, shall judge how far the irregularity vitiates the proceedings, and defeats the ends of justice, and shall annul or confirm the same. As to the third branch of the Overture : The moderator and clerk are ministerial officers of the judicatory. In respect of their office, they are servants merely, and not members of the body. Of the clerk, this would seem to be unquestionably true. The consti- tution knows nothing of the temporary clerk as distinguished from the stated clerk. As far as any provision of the "Book" is involved, it is plain that a judicatory may select any convenient person, though not a member, to record its transactions, and discharge all other duties pertain- ing to a clerk. For the part of those duties usually devolved upon the temporary clerk, we believe, it is no unfrequent thing for a Presbytery to employ a licentiate, or other person not a member of the body. Nor does the constitution explicitly, at least, require the moderator to be chosen from the members of the judicatory. It does indeed prescribe v chap. xix., sec. ii.) that, in a certain contingency, "he shall possess the casting vote." And as voting is the act of a member, the implication seems to offer itself, that the moderator himself must be a member. But against this implication some other facts of the constitution may be cited. Thus ("Form of Government," chap, ix., sec. iii.), there is the provision for inviting, in certain contingencies, a minister to moderate the church session, who is not the pastor of the church, and of course not a member of the session; while the general law of "Moderators" (chap, xix.) gives him the casting vote. Then, again, the "Form of Government" (chap, xii., sec. vii.) prescribes, concerning the General Assembly, that "the mod- erator of the last Assembly, if present, or, in case of his absence, some other minister, shall preside, until a new moderator be chosen." Under this pro- vision, it is not necessary that the minister called to preside in the Assem- bly, should himself be in commission. (Digest, p. 173.) It may be said, that this is merely for organization. True. But the whole principle seems to be involved. For the time being, one, not a member of the Assembly, is its moderator, and as such has a casting vote on the number- less issues that may be raised between the formation of the roll and the choice of a new moderator. And in the former case, pertaining to church sessions, no such limitation for mere organization exists. Hence these two points are clearly recognized: 1st. That it is not essential to the idea of a moderator that he be a member ; 2d. That the privilege of a casting vote does not necessarily imply membership. In the United States Senate we have an instance of the moderator being foreign to the body over which he presides. By the constitution of the United States, the Senate "shall be composed of two senators from each State," etc. The senators make the whole body ; and yet, by the same instrument, the "Vice-President of the United States shall be President of the Senate," with a casting vote. In the State of New York (as per- haps in other States) the Speaker of the Assembly may have two votes, one as a member of the body, and the casting vote besides ; a fact which rebuts the supposition that the casting vote is an incident of membership. All this is urged, without respect to the immemorial usage of our church courts, but solely in view of what is essential by the provisions of the written constitution and the nature of the subject. OF THE PRESBYTERY. 143 If these suggestions are sound, then a Presbytery in the position pro- posed by the Overture is " duly organized," and every business done by it is constitutional — quoad hoc. 2. But, if it be not admitted that the constitution allows a Presbytery to choose for its moderator one foreign to its body, it may still be said, the selection of officers is a matter relating not to the being of the judicatory (like the presence of a quorum), but to its form and order merely. An irregularity here does not nullify the body. It is still a judicatory, with all the essential elements, and competent for business. Its business may be constitutional, though done in an unconstitutional way, and liable to correction by a superior judicatory. 3. Besides, though the persons chosen officers "are ministers who have not been admitted into the Presbytery by a quorum," or (which is its meaning) have been received by a number less than a quorum, and are not thereby constitutionally members, it would still be open to the inference, that the Presbytery (with a constitutional quorum), in choosing such per- sons to office, thereby virtually affirmed and adopted the previous uncon- stitutional act, by which they were received into the body, made it their own, and made it good. Hence, in every view, the committee are clearly of the opinion that, in the case proposed in the third branch of the overture, the answer should be, that the Presbytery is " duly (that is, validly) organized," and compe- tent to any business, including the trial of a minister of the gospel. Still, it is obvious, that the presence in the Presbytery of persons re- ceived as members by any number less than a quorum, and in virtue thereof claiming to exercise the privilege of members (whether chosen to office or not), may work great wrong and vexation, by overruling the voice of the majority of the lawful members of the judicatory. And every mem- ber has the constitutional right, in some appropriate way, to carry any grievance from this source to the notice of the Synod for correction. We would, therefore, qualify the above answer to this branch of the overture, by adding, that, however the acts of a Presbytery so organized may be irregular, they are not necessarily void and null (as where there is the want of a quorum), but voidable only in the judgment of the superior judicatory, when brought before it in a constitutional way. — 1861, p. 455- 459, N. S. 4. Reception of a member by less than a quorum, Sanctioned by trie Assembly, as an Exceptional Case. a. Overture from the Presbytery of Santa Fe on the reception of John Annin without a constitutional quorum ; recommending that it be sanc- tioned, by reason of the singularity of the case. The recommendation was adopted. — 1870, p. 49. b. A similar case. — Overture from the Presbytery of East Florida, with a statement, that owing to the decease of one of their ministers, and the removal of another, they were reduced to a membership of only two min- isters; and that by the advice of the stated clerk of the General Assem- bly, they had at their recent meeting received a third minister, and hav- ing thus obtained a constitutional quorum, had transacted the business of their stated meeting. They ask the Assembly to legalize this proceeding. The Committee recommend that the action of the Presbytery of East Florida, in receiving the Rev. Matthew L. P. Hill, under the circumstances stated in the me- morial, be and the same is hereby ratified and confirmed. Adopted. — 1871, p 538. 144 FORM OF GOVERNMENT. c. Overture No. 17, from the Presbytery of East Florida, requesting that the action of this Presbytery may be legalized, in receiving as mem- bers the Rev. Calvin E. Stowe, D. D., and Rev. James K. Warner, a quo- rum of members not being present. The Committee recommend that the request be granted. Adopted. — 1872, p. 87. POWERS OF THE PRESBYTERY. VIII. The Presbytery has power to receive and issue appeals from church sessions, and references brought before them in an orderly manner; to examine and license candidates for the holy ministry; to ordain, install, remove and judge ministers ; to examine and ap- prove or censure the records of church sessions ; to resolve questions of doctrine or discipline seriously and reasonably propounded ; to condemn erroneous opinions which injure the purity or peace of the Church; to visit particular churches for the purpose of inquiring into their state, and redressing the evils that may have arisen in them; to unite or divide congregations at the request of the people, or to form or receive new congregations, and in general to order whatever per- tains to the spiritual welfare of the churches under their care. I. TO RECEIVE AND ISSUE APPEALS AND REFERENCES. [See under Appeals, etc., Book of Discipline, chap, vii., sec. i., hi., iv.] II. TO EXAMINE AND LICENSE CANDIDATES FOR THE HOLY MINISTRY. 1. Licentiates should be Regularly Received. — Caution to be Used. a. The Presbytery of New Castle expressing some uneasiness at the conduct of the second Philadelphia Presbytery for having received and licensed a certain Mr. John McClean, who, they apprehend, most properly belonged to the Presbytery of New Castle, and had applied to them to be licensed ; and while they were taking the proper steps for obtaining more full satisfaction concerning his church membership and Christian charac- ter, he in the mean time removed from them and applied to the second Philadelphia Presbytery, and was licensed by them ; both the Presbyter- ies were fully heard in a free conference on this subject and withdrew. The Synod, after mature deliberation, order Mr. McClean to be cited be- fore the Presbytery of New Castle, with power to them to hear the charges against him and issue the affair in a regular manner, and report to the next meeting of the Synod. And the Synod do prohibit the second Phil- adelphia Presbytery from employing him to preach till the affair shall be concluded.— 1772, p. 435. b. The consideration of the report of the Committee to Examine the Minutes of the Synod of Philadelphia was resumed. The report is as follows, viz. : Your committee observe in page 24th that although the Synod were in- formed by the Presbytery of New Castle that a certain Mr. Hindman had put himself under the care of the Presbytery of Donegal for trials, and afterward, without certificate or dismission offered himself to and was re- OF THE PRESBYTERY. 145 ceived upon trials by the Presbytery of Lewes ; and though in page 34th the Presbytery of New Castle represent that the said gentleman had been laid under censure by the Presbytery of Donegal, that they had no au- thentic proof that it was taken off, and that this gentleman had obtained license in opposition to a rule of the Synod of New York and Philadel- phia, in their minutes of 1764, pages 79 and 80, yet the Synod recom- mended it to the Presbytery of New Castle to receive and treat this gen- tleman as a regular candidate without any decision upon the matters referred to them. [Whereupon the Assembly"] Resolved, That the Synod be informed that the Assembly disapprove of the proceedings as represented in their records in recommending a candi- date to be received as in full standing before they had given a decision upon the allegations against him. — 1791, p. 37. c. At a meeting of the Presbytery of New Castle in Wilmington upon the first Tuesday of January, 1791, and continued by adjournment, the Rev. James McCoy, of Morris county Presbytery, with a commissioner from Queen Ann's congregation, applied to be received as a member of this Presbytery. As Mr. McCoy had been under trials for licensure in the Presbytery of New York, and was licensed and ordained by the Presby- tery of Morris, this Presbytery agreed not to receive him as a member until his case be laid before the General Assembly at their next stated meeting. The General Assembly, upon considering this case, determined that neither the Presbytery of New Castle nor any other Presbytery ought to receive Mr. McCoy into their connection until he shall have produced a certificate from the Presbytery of New York of his having given them the satisfaction which his case requires. — 1791, p. 38. [See chap. xiv. of licensing candidates or probationers to preach the gospel.] III. TO ORDAIN MINISTERS. 2. Ordination by a Commission of Presbytery. a. The Presbytery having seen Mr. George Gillespie's certificates, from the Presbytery of Glasgow, concerning his being licensed to preach, and his conversation, did approve of them, and in case Providence make way for his ordination, by a call from any congregation before next Presbytery, Mr. Andrews, McNish, Anderson, and Morgan, are ordered to ordain him, and that one of the said members, or two, as they shall see fit, preach at the solemnity.— 1712, p. 26. b. The business of Mr. Wotherspoon and the people of Apoquinimy came again into consideration, upon which the Presbytery appointed as follows, that Masters Andrews, Anderson, Powell, Jones, and Gillespie, do manage in the affair between Mr. Wotherspoon and the people of Apo- quinimy, that after a formal call presented before them by the said people of Apoquinimy, they, at their own discretion, appoint the said Mr. Wo therspoon to pass his trials before them, and that if they shall be fully sat- isfied as to his qualifications, they proceed to his ordination, and settlement among that people. — 1713, p. 34. It was reported by the ministers appointed to transact the affair relat- ing to Mr. Wotherspoon's ordination, that they, in compliance with the last year's minutes, did solemnly by prayer, fasting, and imposition of hands, ordain the said Mr. Robert Wotherspoon, unto the sacred function 19 146 FORM OF GOVERNMENT. and office of the ministry, to the Presbyterian congregation at Apo- quinimy, upon the 13th day of May, 1714.* c. A unanimous call from the people of Welsh Tract to Mr. David Evans, being presented to us and approven, we offered it to him, which he accepted; whereupon it was appointed as follows, viz. : That Messrs. Jedediah Andrews, Jones, Anderson, Gillespie, and Wo- therspoon, solemnly ordain him to the work and office of the ministry, after having been satisfied with his ministerial abilities, in any pieces of trial they shall think fit to appoint him. — 1714, p. 36. [See Minutes of General Presbytery, passim.'] d. The appointment of the Synod with respect to the ordination of Masters John Clement and William Stewart, was complied with. They being solemnly set apart to the work of the ministry by the Rev. Masters Samuel Davis, John Hampton, and John Thompson, at Rehoboth, in Somerset county, in Maryland, upon the — day of June, 1719. — 1719, p. 55. [See, also, case of John Griffith, ordained by a Presbytery pro re nata, appointed by Synod.— 1758, p. 289.] 3. Ordination by Foreign Bodies not approved. The Assembly took up the report of the Committee on Overture No. 3, which was laid on the table ; which being read and amended, was adopted, and is as follows, viz. : Whereas, many of the ministers, who are to supply the vacant churches and destitute places in the more new and growing parts of our Church, must, for some time to come, continue to be educated in the older sections of our country, and at a great distance from the field where they are to be employed ; and whereas, it is important to the happy and useful settlement of these ministers, in their several fields of labor, that they should enjoy the full confidence of the ministers and churches among whom they are to dwell ; and whereas, the ordination of ministers in the presence of the people among whom they are to labor, is calculated to endear them very much to their flocks, while it gives their fathers and 'brethren in the ministry an opportunity of knowing their opinions and sentiments on sub- jects of doctrine and discipline ; and whereas, our Form of Government seems to recognize the right and privilege of each Presbytery to examine and ordain those who come to the pastoral office within their bounds, and who have never before exercised that office ; therefore, Resolved, That it be earnestly recommended to all our Presbyteries, not to ordain, sine titulo, any men, who propose to pursue the work of their ministry in any section of the country where a Presbytery is already organized to which they may go as licentiates and receive ordination. 2. That the several bodies with which we are in friendly correspondence in the New England States, be respectfully requested to use their counsel and influ- ence to prevent the ordination, by any of the Councils or Consociations, of men who propose to pursue the work of the ministry within the bounds of any Presbytery belonging to the General Assembly of the Presbyterian * Memorandum. It being appointed the last Presbytery, that the ordination of Mr. Kobert Wother- spoon should be left to the discretion of diverse ministers who are named in the min- utes; the said members having heard him preach a popular sermon on Heb. vi. 19, received his exegesis on a question de sanctorum perseverantia, taken on account of his skill in the original languages, and likewise his attainments and orthodoxy in theolog- ical matters, to their satisfaction, did on the 13th day of May, 1714, set apart the said Mr. Wotherspoon unto the work of the minis y. — 1714, p. o5. OF THE PRESBYTERY. 147 Church; and that the delegates from this Assembly to those bodies respec- tively be charged with communicatiDg this resolution. — 1834, p. 428. 4. Lay Ordination Invalid. a. The Committee to whom was referred Overture No. 15, viz., on ordi- nation by a deposed minister or by laymen, made the following report, which was adopted, viz. : That this paper contains a letter from a minister in South Carolina to the stated clerk, requesting him to obtain a decision of the General As- sembly on the question, " whether the ordination of a minister of the gos- pel by the interposition of the hands of the laity is valid." That the an- swer to this question should be in the negative is so obvious and evident on all correct principles of ecclesiastical order, that your Committee are of opinion that it is unnecessary for the General Assembly to give any further consideration to the subject. — 1832, p. 366. b. The Committee on Overture No. 3, viz., a question from the Presby- tery of Bethel respecting holding communion with the followers of Wil- liam C. Davis, a deposed minister, and calling themselves Independent Presbyterians, reported that in their judgment the questions proposed in said overture ought to be answered in the negative. They therefore would recommend the adoption of the following resolution, viz. : Resolved, That while this Assembly readily acknowledges the right of the session to determine according to the Scriptures and the Constitution of our Church the qualifications for admission to sealing ordinances, yet they feel it to be their duty to declare that in their judgment the services of those who have received only lay ordination and of those who have been deposed from the gospel ministry are unscriptural and unwarrant- able, and therefore an attendance on their ministrations cannot be in the order of the gospel, and ought to be discouraged and discountenanced by every friend of the Eedeemer's kingdom. — 1833, p. 407. 5. Rule in respect to Receiving a Minister from another Denomi- nation. a. The consideration of the report of the Committee to which had been referred the question of validity of ordination in the case of a Baptist elder was resumed, and the report being read, was adopted, and is as follows, viz. : It is not among the principles or usages of the Presbyterian Church to consider the ordination of ministers by other Protestant churches as in- valid; on the contrary, the Presbyterian Church has always considered the ordinations of most other Protestant churches as valid in themselves, and not to be repeated when those who have received them become members of the Presbyterian Church. Nor is it perceived that there is any suffi- cient reason why the ordinations in the Baptist Church should not be con- sidered as valid, and be sustained as such. But while the Presbyterian Church can act as has now been stated in regard to ordinations, it is among those principles and usages which she regards as most sacred and important, to secure for her churches both a pious and a learned ministry, and she cannot admit of any usage or exer- cise any apparent liberality inconsistent with security in this essential particular. On the whole, therefore, the Committee recommend the fol- lowing resolution : Resolved, That when applications are made by ministers of the Baptist 3r any other Protestant denomination to be connected with the Presbyte- 148 FORM OF GOVERNMENT. rian Church, the Presbytery to which the applications are made shall require all the qualifications both in regard to piety and learning which are required of candidates for licensure or ordination of those who have originally belonged to the Presbyterian Church ; and shall require the applicants from other denominations to continue their study and prepara- tion till they are found on trial and examination to be qualified in learn- ing and ability to teach in the manner required by our standards ; but that when found to be thus qualified, it shall not be necessary to reordain the said applicants, but only to install them when they are called to settle in Presbyterian congregations. — 1821, p. 23. b. Overture No. 19. A request of the Kev. J. G. Montfort that the Assembly answer the following question : "Is it the duty of Presbyteries, when elders or deacons from the Methodist Episcopal Church apply to become ministers in our Church, to recognize their ordination as sufficient, or to ordain them as in the case of other candidates ?" The Committee recommended that the overture be answered by a refer- ence to the action on the subject of the General Assembly of 1821. The report was adopted.— 1852, p. 210, O. S. [See 8, below.] 6. Ordination Procured by Fraud Valid, but the Presbytery- should Depose. Is the ordination of a minister valid which has been procured by forgery and unwarrantable means? Confining the answer of the Assembly to this case as verbally explained, this question is answered in the affirmative, but that the Presbytery should in such case proceed immediately to depose him. — 1843, p. 198, O. S. 7. Ordination on the Sabbath Day Inexpedient, but left to Dis- cretion of the Presbytery. An overture was received from the Presbytery of Orange, requesting the opinion of the General Assembly on the question whether it be proper to ordain licentiates to the office of the gospel ministry on the Sabbath day. The General Assembly think it would not be for edification to adopt a uniform rule on the subject. In general they think it is not expedient that ordinations should take place on the Sabbath, yet that there may be cases in which urgent or peculiar circumstances may demand them. The Assembly therefore judged it best to leave it to the Presbyteries to act in this concern as they may judge that their duty requires. — 1821, p. 10. 8, The Reasons for Receiving- an Ordained Minister from another Denomination to be Recorded. The Committee of Overtures brought in the following resolution, which, having been read and amended, was adopted, and is as follows, viz. : Resolved, That in the opinion of this Assembly the decisions of the Gen- eral Assembly in 1792, and referred to by the Assembly of 1800, respect- ing the reordination of ministers regularly ordained in the Methodist Epis- copal Church, and desiring to connect themselves with the Presbyterian Church in the United States of America, however expedient at the time of its formation, ought not to be considered as a precedent to guide the future decisions of the judicatories of this Church; and that the Presbyteries under the care of this Assembly, when they receive into their connection an ordained minister from any other denomination, be careful to record the circumstances of the case and the reasons which in luced them to re- ceive such ordained minister. — 1810, p. 441. OF THE PRESBYTERY. 149 9 Leave to Ordain Befused -where there is no Presbytery. Overture No. 34, a memorial from the Presbytery of New York, refer- ring to this Assembly the following case: Application was made to the Presbytery of New York in April to receive by letter from the Presbytery of Cincinnati, the Rev. John Beveridge, now a resident of Northern Mex- ico, and to authorize the Rev. Andrew J. Park, now a member of the Presbytery of New York, and residing in Northern Mexico, and the Rev. John Beveridge, when received by the Presbytery, to ordain to the work of the ministry, if the way be clear on examination, Mr. Brigide Sepul- veda, a converted Roman Catholic priest. The Committee recommend the following answer : Resolved, That inasmuch as there is no Presbytery, and not a sufficient number of ministers of whom to form a Presbytery, in Northern Mexico, such request be not granted. In consideration, however, of the urgency and peculiarity of the case, the Board of Foreign Missions are hereby in- structed to defray the expenses of Mr. Sepulveda's journey to and from New York for his ordination by the Presbytery of New York, if the way be clear.— 1871, p. 592. IV. TO INSTALL MINISTERS. 10. The Cognizance of Settling Pastors belongs to Presbytery. That it belongs to the Presbyteries to take cognizance of the proceed- ings of sessions and congregations in the important concern of settling pastors, and to adopt the most effectual measures on the one hand to pre- vent all undue delay by the session, or the people, and on the other, to prevent all precipitancy in the settlement of any minister, or the adop- tion of any system of proceedings in the congregation inconsistent with the real and permanent edification of the people. — 1814, p. 560. 11. A Pastoral Relation Recognized -without Instalment. That it appears evident to this Synod, that Mr. Tennent having in all respects acted, and been esteemed, and looked upon, not only by this Synod, but also by the congregation of Neshaminy, and particularly by the appellants themselves, as the minister and pastor of the people of Neshaminy, that he is still to be esteemed as the pastor of that people, notwithstanding the want of a formal instalment among them (which omission, though the Synod doth not justify, yet it is far from nullifying the pastoral relation between Mr. Tennent and said people), and conse- quently that the Synod doth justify the judgment of the Presbytery of Philadelphia in reference to that matter, and that said appellants had no just cause of complaining against or appealing from said judgment of the Presbytery.— 1736, p. 127. 12. The Presbytery may Refuse to Install even -where Parties are Agreed. When a congregation and minister agree on the amount of salary to be paid and received, and both parties being fully satisfied, request the pas- toral relation to be constituted according to the order of the Presbyterian Church, has Presbytery the right to refuse to install, because, in their judgment, the salary is insufficient? Answered in the affirmative. — 1855, p. 272, O. S. [See ui.der Form of Government, chap, xv.] 150 FORM OF GOVERNMENT. V. TO REMOVE MINISTERS. 13. The Presbytery has Power to Dissolve a Pastoral Relation at its own Discretion. a. Overture No. 22, from the Synod of Illinois, asking the following question, viz.: Has a Presbytery the constitutional power to dissolve the pastoral rela- tion against the remonstrance of the pastor and a majority of the church, when a large and influential minority of the church request it, by petition, and in the judgment of Presbytery the interests of religion in that con- gregation require it? Your Committee beg leave to recommend the following answer, viz.: The General Assembly think that the Presbytery has the constitutional power to dissolve the pastoral relation, according to chap, x., sec. viii., and chap, xviii. of our Book ; but that great regard ought to be had to ex- pediency in all such cases. Adopted.— 1860, p. 39, O. S. b. [The same question was asked the next year, and answered by refer- ring to the Minutes above, with the caution:] "That such power should in all cases be exercised with the greatest caution and discretion, and that the reasons for such action should be always fully recorded." — 1861, p. 306, O. S. 14. A Synod, on Appeal, Directs the Dissolution of the Pastoral Relation, and is Sustained. Your commission had this case several days before them, and bestowed upon it careful consideration; and have unanimously determined to report to the Assembly that the sense of this commission is, that the interests of the church of Hopewell require the dissolution of the pastoral relation, and that they agree with the decision of Synod, and they recommend the following minute: This Assembly recognizes the right of each congregation to decide whether a pastor is acceptable to them, and the wishes of a majority are to be set aside only for weighty reasons; yet such a state of things may exist between the pastor and a portion of his people, as shall require, for the fair name of religion, that the relation be dissolved. And for this reason the appeal and complaint of Joseph Connell against the Synod of Pittsburg is not sustained. — 1868, p. 649, O. S. [See the case in full below, chap. xvii. 5.] 15. A Pastor may not be Dismissed to a Body other than that to which his Church belongs. The Committee report Overture No. 2 : " Is a member of Presbytery, desirous of withdrawing connection with our Church to a foreign body at a distance, entitled to a letter of dismission and recommendation on demand, while occupying the position as pastor of one of our churches ?" The Committee report, that he is not thus entitled. The report was adopted.— -1861, p. 471, K S. VI. TO JUDGE MINISTERS. 16. The Presbytery alone must Judge of the Fitness of its Members. Your Committee doubted the correctness of the order given by the Synod to the Presbytery of Geneva, to reconsider their proceedings on the subject of the admission of the Rev. Shipley Wells, a constituent OF THE PRESBYTERY. 151 member of that Presbytery, which order, though it be not appealed fiom, appears to have given rise to the protest in question. The Synod of Geneva were beyond doubt, in the opinion of your Com- mittee, competent to censure the Presbytery of Geneva for admitting hastily, and on slight evidence, into their body, an unworthy or even a sus- picious character. But it is, in the opinion of your Committee, equally clear, that the right of deciding on the fitness of admitting Mr. Wells, a constituent member of the Presbytery of Geneva, belonged to the Pres- bytery itself; and that having admitted him, no matter how improvident- ly, their decision was valid and final. The individual admitted became a member in full standing ; nor could the Presbytery, though it should reconsider, reverse its own decision, or in any way sever the member so admitted from their body, except by a regular process. Adopted. — 1816, p. 612. 17. A Presbytery may Reject an Applicant. A complaint and appeal of Rev. Thomas Ledlie Birch against certain proceedings of the Presbytery of Ohio in the case of Mr. Birch, particu- larly for refusing to receive him as a member of their body, on the ground of a supposed want of acquaintance with experimental religion, together with a representation of the congregation of Washington, in the bounds of the said Presbytery, on the subject, was brought in by the Com- mittee on Bills and Overtures. Subsequently Resolved, That no evidence of censurable procedure in the Presbytery of Ohio, in the case of Mr. Birch, has appeared to this house, inasmuch as there is a discretionary power necessarily lodged in every Presbytery to judge of the qualifications of those whom they receive, especially with respect to experimental religion. — 1801, pp. 213, 218. 18. But not without Sufficient Reasons. a. A complaint was brought in by the Rev. Mr. George Duffield against the Second Philadelphia Presbytery, that they had, by one of their members, obstructed his entrance into a church in this city under their care, to which he had accepted a call, and had also refused to re- ceive him as a member, although he was dismissed from, and recom- mended by, the Presbytery of Donegal, which was read. After having maturely considered this matter, the Synod judge that Mr. Duffield has just cause of complaint against the conduct and judg- ment of the Second Philadelphia Presbytery, who ought to have admit- ted him to membership with them, and allowed him a fair trial ; where- fore we now declare him to be minister of the Pine Street or Third Pres- byterian congregation in this city, and order that he be put upon the list of the aforesaid Presbytery. — 1773, p. 446. b. Resolved, That the appeal of the Presbytery of Abingdon from the decision of the Synod of Virginia, in the case of the Rev. Robert Glenn, be dismissed, on the ground that the substantial cause of appeal has been removed by the act of that Presbytery, in their receiving Mr. Glenn, in conformity with the decision of the Synod. The appeal was accordingly dismissed. — 1822, p. 55. 19. Rule as to a Member of an Extinct Presbytery. The Committee appointed to consider the overture sent up by the Presbytery of Baltimore respecting the course proper to be pursued by a Presbytery when a minister with a certificate of good standir_g from a 152 FORM OF GOVERNMENT. Presbytery which has no longer any existence applies for admission, but is supposed to be chargeable with some offence subsequently to the date of that certificate, made the following report, which was adopted, viz. : That after the most attentive consideration of the question presented in said overture, it appears to them that the proper answer is embraced in the following particulars, viz. : 1. It is well known that the Book of Discipline of our Church expressly provides that when a minister shall be dismissed by one Presbytery with a view to his joining another, he shall always be considered as remaining under the jurisdiction of the Presbytery which dismissed him until he actually becomes a member of another. In the case stated in the over- ture, however, as the dismissing Presbytery had become extinct, it was physically impossible to act according to the letter of this rule. In these circumstances every principle of sound interpretation seems to direct that in ordinary cases the Presbytery into which admission is sought should receive the applicant, and if he be charged with any offence, conduct the process against him. 2. Nevertheless, it is the privilege of every Presbytery to judge of the character and situation of those who apply to be admitted into their own body, and unless they are satisfied, to decline receiving the same. A Pres- bytery, it is true, may make an improper use of this privilege, in which case the rejected applicant may appeal to the Synod or the General Assembly. 3. When any minister dismissed in good standing by an extinct Presby- tery is charged with an offence subsequently to the date of his dismission, the Presbytery to which he applies for admission not only may, if they see cause, decline receiving him, but if their own situation be such that there is no prospect of their being able to conduct process against him in an impartial and efficient manner, ought to decline admitting him into their body. 4. In this case ministers dismissed by an extinct Presbytery and not received into any other are to be considered as under the direction of their proper Synod, and ought to be disposed of as the Synod may order. — 1825, p. 146, 147. 20. How Ministers and Licentiates from Corresponding Bodies are to be Received. The Committee appointed by the General Assembly of 1829 to con- sider and report to the Assembly of 1830 on the manner in which minis- ters and licentiates are to be received into any of our Presbyteries from ecclesiastical bodies in the United States which correspond with this Gen- eral Assembly, made the following report, which was adopted, viz. : That in their judgment every licentiate coming by certificate to any Presbytery in connection with the General Assembly from any portion of a corresponding ecclesiastical body, should be required to answer in the affirmative the constitutional questions directed by chap. xiv. of our Form of Government to be put to our own candidates before they are licensed; and that in like manner every ordained minister of the gospel, coming from any church in correspondence with the General Assembly by certifi- cate of dismission and recommendation, should be required to answer iffirmatively the first seven questions directed by chap. xv. of our Form of Government to be put to one of our own licentiates when about to be ordained to the sacred office. The course which is thus recommended by the Committee they believe OF THE PRESBYTERY. 153 has been generally practiced by our Presbyteries, and the impropriety of admitting strangers into our connection on other terms than our own licentiates and ministers is too obvious to require remark.. It is the assent of licentiates and ministers to these questions which brings them under the watch and care of the Presbyteries which receive them, and without which they ought not to enjoy the privileges of preachers of the gospel in our ecclesiastical connection. — 1830, p. 287. 21. Ministers Dismissed in Good Standing should be Received on their Testimonials. Resolved, That a due regard to the order of the Church and the bonds of brotherhood require, in the opinion of this Assembly, that ministers dismissed in good standing by sister Presbyteries should be received -by the Presbyteries which they are dismissed to join, upon the credit of their constitutional testimonials, unless they have forfeited their good standing subsequently to their dismissal. — 1834, p. 440. 22. The Right of Presbytery to Satisfy Itself. 1. Resolved, That in the judgment of this General Assembly, it is the right of every Presbytery to be entirely satisfied of the soundness in the faith, and the good character in every respect, of those ministers who apply to be admitted into the Presbytery as members, and who bring testimoni- als of good standing from sister Presbyteries, or from foreign bodies with whom the Presbyterian Church is in correspondence. And if there be any reasonable doubt respecting the proper qualifications of such candi- dates, notwithstanding their testimonials, it is the right and may be the duty of such a Presbytery to examine them, or to take such other meth- ods of being satisfied in regard to their suitable character as may be judged proper, and if such satisfaction be not obtained, to decline receiving them. In such case it shall be the duty of the Presbytery rejecting the appli- cant to make known what it has done, to the Presbytery from which he came, with its reasons, it being always understood that each Presbytery is in this concern, as in all others, responsible for its acts to the higher judi- catories. — 1835, p. 485. [The Assembly of 1837 refers to the above action, and declares:] This Assembly do now render it imperative on the Presbyteries to ex- amine all who make application for admission to their bodies at least on experimental religion, didactic and polemic theology and church govern- ment.— 1837, p. 429. [The New School Assembly of 1838 adopted the following:] Whereas, it is the inherent right of Presbyteries to expound and apply constitutional rules touching the qualifications of their own members, therefore, Resolved, That the action of the last Assembly making it imperative on the Presbyteries to examine all who make application to their bodies, not excepting ministers coming from other Presbyteries, is null and void. — 1838, p. 660, K S. 23. A Presbytery may not give a Qualified Dismission nor Re- ceive a Minister except on a Letter of Dismission.— Where Re- ception is Void, the Name should be Stricken from the Roll. Can a Presbytery under any circumstances rescind its action in the re- ception of a member? The Committee recommends the following answer: 20 154 FOEM OF GOVERNMENT. It appears in tHe case referred to in this overture that a minister, hav- ing taken a qualified letter of dismission from his Presbytery, was re- ceived by the Presbytery to which he was dismissed upon other testimo- nials. It is the opinion of this Assembly, 1. That no Presbytery has the right to grant qualified letters of dismis- sion to any of its members. 2. That no Presbytery can receive a minister except upon a letter of dismission from the Presbytery to which he belongs. 3. That the action of the Presbytery in the case referred to, in receiving said minister, being void, the proper course would have been to strike his name from the roll, and notify the Presbytery to which he belonged of his irregularity. The report was adopted.— 1869, p. 922, O. S. 24. The Presbytery may Dismiss to a Presbytery to be Erected. Overture No. 22, on the following question submitted by a member of the General Assembly : " Can a Presbytery dismiss a minister to connect himself with a Presbytery to be formed in a specified district ?" The Committee recommend that it be answered in the affirmative, pro- vided some higher court has given authority for the formation of such Presbytery. The report was adopted.— 1867, p. 350, O. S. 25. To Dismiss by a Committee is Unconstitutional. a. The report of the Committee on the reference from the Presbytery of Cayuga relative to the constitutionality of a rule of that body which had been laid on the table, was taken up. The rule of the Presbytery of Ca- yuga referred to the Assembly is as follows, viz. : The moderator for the time being and the stated clerk ex-officio were appointed a committee to grant letters of dismission to ministers without charge, and to licentiates and candidates under the care of this Presbytery, to unite with other Pres- byteries, and were directed to report at each stated meeting. In relation to this rule the following resolution, reported by the Com- mittee, was adopted, viz. : Resolved, That the rule hitherto acted upon by the Presbytery of Ca- yuga is inexpedient and unconstitutional. — 1830, p. 302. b. Also Overture No. 16, from the Presbyteries of Steubenville and Washington, asking whether it is competent and constitutional for a Pres- bytery to appoint a committee to dismiss unsettled ministers, licentiates and candidates without a call for the body to assemble. This question has already been decided by the General Assembly in the negative. (See Minutes of the General Assembly for 1830, p. 302.) The report was adopted.— 1865, p. 569, O. S. c. The same Committee further reported Overture No. 5 as follows: "May a Presbytery authorize its stated clerk during the intervals of its sessions to grant, at their own request, letters certifying the regular standing and dismission of its members to join other ecclesiastical bodies in connection or correspondence with the General Assembly?" The Committee recommend that the above question be answered in the negative. The report was adopted.— 1865, p. 12, N. S. [See Book of Discipline, chap, x., on Jurisdiction.] OF THE PEESBYTERY. 155 26. Reception of Foreign Ministers.— The Rule. [The original rule on this subject may be found in the Minutes for 1735, p. 118. Action was also taken in 1773, p. 448, and 1774, p. 455. In 1784 the matter forced itself anew upon the Synod, and particular care was enjoined upon all its members, 1784, p. 504. See also Baird's Collection, Revised Edition, pp. 254, 257. In 1798, p. 148, the Assembly adopted "regulations intended to embrace and extend the existing rules." In 1800 these regulations were modified and amended, and constitute the present Rule, viz. :] I. When any minister or licentiate from Europe shall come into this country, and desire to become connected with the Presbyterian Church in the United States, he may apply to any committee appointed to direct the services of traveling ministers and candidates; which committee shall inspect his credentials, and, by examination or otherwise, endeavor to ascertain his soundness in the faith and experimental acquaintance .with religion ; his attainments in divinity and literature ; his moral and re- ligious character, and approbation of our public standards of doctrine and discipline. If the result shall be such as to encourage further trial, said committee may give him appointments to supply and recommend him to the churches till the next meeting of the Presbytery to which such committee belongs. It shall then become the duty of such minister or licentiate to apply to that Presbytery, or to any other in whose bounds he may incline to labor; provided always, that he make his application to the Presbytery at their first meeting after his coming within their bounds ; and also, that immediately on coming within the bounds of any Presbytery, he apply to their committee to judge of his certificate of ap- probation, and, if they think it expedient, to make him appointments ; or, if it shall be more convenient, the application may be made to the Pres- bytery in the first instance ; but it shall be deemed irregular for any for- eign minister or licentiate to preach in any vacant church till he have obtained the approbation of some Presbytery or committee of Presbytery, in manner aforesaid. The Presbytery to which such minister or licentiate may apply, shall carefully examine his credentials, and not sustain a mere certificate of good standing, unless corroborated by such private letters, or other col- lateral testimony, as shall fully satisfy them as to the authenticity and sufficiency of his testimonials. After inspecting any evidences of his lit- erary acquirements which may be laid before them, the Presbytery shall enter into a free conversation with him, in order to discover his soundness in the faith and experimental acquaintance with religion. If they shall obtain satisfaction on these several articles, they shall proceed to examine him on the learned languages, the arts, sciences, theology, church history and government ; nor shall they receive him, unless he shall appear to have made such attainments in these several branches as are required of those who receive their education or pass their trials among ourselves. But if, upon the whole, he appears to be a person worthy of encourage- ment, and who promises usefulness in the Church, they shall receive him as a minister or candidate on probation, he first adopting our standards of doctrine and discipline, and promising subjection to the Presbytery in the Lord. During this state of probation he may preach the gospel where regularly called, either as a stated or occasional supply ; and if an or- dained minister, perforin every part of the ministerial functions, except that he may not vote in any judicatory, or accept a call for settlement. If the foreigner who shall apply to any Presbytery or committee, as 156 FORM OF GOVERNMENT. aforesaid, be an ordained minister, such committee and Presbytery may, at their discretion, dispense with the special examination on literature in this act prescribed, provided he shall exhibit satisfactory evidence that he has received such education, and made such progress in languages, arts, and sciences, as are required by the constitution of our Church as qualifications for the gospel ministry. But in all other respects, the ex- amination shall be the same as in the case of a licentiate. If from prospects of settlement, or greater usefulness, a minister or li- centiate under probation in any Presbytery, shall wish to move into the bounds of another, he shall receive a dismission, containing a certificate of his standing and character, from the Presbytery under whose care he shall have been; which certificate shall entitle him to the same standing in the Presbytery into whose bounds he shall come, except that from the time of his coming under the care of this latter Presbytery, a whole year shall elapse before they come to a final judgment respecting his reception. When any foreign minister or licentiate, received on certificate, or pursuant to trials in any Presbytery, shall have resided generally and preached within their bounds and under their direction, for at least one year, they shall cause him to preach before them (if they judge it expe- dient), and taking into consideration, as well the evidence derived from their former trials as that which may arise from his acceptance in the churches, his prudence, gravity, and godly conversation, and from the combined evidence of the whole, determine either to receive him, to reject him, or to hold him under further probation. In case of receiving him at that, or any subsequent period, the Presbytery shall report the same to their Synod at its next meeting, together with all the certificates and other testimony on which they received them ; or, if it shall be more con- venient, this report may be made to the General Assembly. The said Assembly or Synod, as the case may be, shall then inquire into the pro- ceedings of the Presbytery in the affair, and if they find them to have been irregular or deficient, they shall recommit them to the Presbytery, in order to a more regular and perfect process. But if the proceedings had in the Presbytery appear to have been conformable to this regulation, they shall carefully examine all the papers laid before them by the Pres- bytery, or which shall be exhibited by the party concerned, and consider- ing their credibility and sufficiency, come to a final judgment, either to receive him into the Presbyterian body, agreeably to his standing, or to reject him. In order, however, to facilitate the settlement of foreign ministers as soon as may consist with the purity and order of the Church, it is further ordained, that if the proper Synod or the General Assembly are not to meet within three months after that meeting of a Presbytery at which a foreign minister on probation is expected to be received, the Presbytery may, if they see cause, lay his testimonials before the meeting of the Assembly or Synod which shall be held next before said meeting of the Presbytery. If this Assembly or Synod shall approve the testimonials, they shall give the Presbytery such information and direction as the case may require, and remit the same to them for final issue. In all other cases, it shall be deemed irregular for any Synod or General Assembly to receive a foreign minister or licentiate, until he shall have passed his period of probation, and been received and reported by some Presbytery, in manner aforesaid. No minister or licentiate, after being rejected by one Presbytery, shall be received by another, or if received through mistake or otherwise, he shall be no longer countenanced or employed, after the imposition is dis- OF THE PRESBYTERY. 157 covered. If, however, any minister or licentiate shall think himself ag- grieved by the sentence of any Presbytery, he shall have a right to carry the matter by complaint to the proper Synod, or to the next General Assembly, giving notice thereof to the Presbytery during the meeting at which the sentence was pronounced, or at the meeting next following. These regulations and provisions relative to the reception of foreign ministers and licentiates, are to be considered as coming in place of all that have heretofore been established on this subject; and all judicatories and individuals under the care of the Assembly are to regard them ac- cordingly.— 1800, pp. 200-202. 27. The Rule Enforced. a. The Committee appointed to examine the records of the Synod of Albany, recommend that they be approved, "excepting the case of re- ceiving a foreign licentiate, by the Presbytery of St. Lawrence, without laving their proceedings in the case before the Synod, or General Assem- bly."— 1822, p. 38. b. Papers touching the reception of the Rev. William Windle, a for- eign minister, to the Presbytery of Philadelphia. These were remitted to that Presbytery, inasmuch as no record of its proceedings in the case had been placed in the hands of the Committee, by which they might ascertain how far the Presbytery has complied with the order of the Assemblv, in such cases made and provided. — 1852, p. 221, O. S. c. Overture No. 4, was taken up, viz. : An application from the Presby- tery of Watertown, for leave to receive Mr. William Lockhead, a foreign licentiate, who, after being under the care of the Presbytery of Cham- plain for five months, had been dismissed to the Presbytery of Watertown, and had been under the care of the latter Presbytery since the 9th of February last. The Presbytery of Watertown requests, that the Assem- bly will allow them to take into the account, for the term of trial, the time which Mr. Lockhead spent on trials in the Presbytery of Cham- plain. On this request the Assembly resolved, that the standing rule which requires that the foreign licentiate must spend a year in the Pres- bytery to which he is dismissed, be not dispensed with. — 1830, p. 299. " [See a similar case, 1858, p. 273, O. S.] 28. Rule applies to one Seeking- to be Restored. A reference from the Presbytery of St. Clairsville, of the case of the Rev. Samuel Boyd, who having retired in good standing from the Presby- terian ministry in Ireland in 1842, on account of a change in his views of Infant Baptism, now seeks a restoration to the exercise of the ministry among us, inasmuch as he adopts again, with full conviction, the whole Confession of our Faith. The Committee recommended that the Presbytery of St. Clairsville be instructed to proceed according to the rule relating to foreign ministers, the probation of one year commencing at the time of their next stated meeting. The recommendation was adopted. — 1849, p. 239, O. S. 29. Privilege Lost by a Return to Europe. An application from the Presbytery of Philadelphia for advice and direction in the case of Rev. James T. Irvine. The facts of the .;ase are these : In the year 1825, Mr. Irvine was received as a foreign licentiate on pro- 158 FORM OP GOVERNMENT. bation by the Presbytery of Philadelphia ; after the term of probation had expired, he was dismissed to the Presbytery of Huntingdon, and by that Presbytery ordained and installed in one of their churches. In the year 1834, he returned to Ireland, where he became the pastor of a church, and remained until the present year. The question to which the Presbytery wish an answer from the General Assembly is, Does Mr. Irvine come under the denomination of a foreign minister, and is he subject to the rules in such cases provided ? And if he be liable to the usual probation, may his probation be considered as commencing from the time in which he has made his present application to Presbytery, viz., from the 4th of April, 1848 ? The Committee recommend that both questions be answered in the affirmative. The recommendation was adopted. — 1848, p. 22, O. S. 30. The Rule Applies to Canada. An overture from the members of the Presbytery of Michigan, asking if the rule of the General Assembly in relation to foreign ministers com- ing from Europe, should apply to ministers coming from Canada : The Committee recommended that the Assembly answer in the affirma- tive ; excepting only when such ministers have been ordained in the United States, and by any Presbytery of our communion. The recommendation was adopted.— 1849, p. 256, O. S. The Committee on the Polity of the Church reported a request from the Presbytery of Miami, to receive the Rev. J. L. Gourlay, a foreign minis- ter, as a member of that body. The Committee find that the said Rev. J. L. Gourlay furnished testimonials as being in good standing in the Can- ada Presbyterian Church, was duly examined by the Presbytery of Miami, and has served as a probationer under the care of that body for one year, in accordance with the rules of the General Assembly of 1800. See Baird's Digest, pp. 259, 260. On the recommendation of the Committee, the request was granted. — 1870, p. 30. 31. An Exceptional Case. The Rev. J. Gillespie offered a paper, stating that the Rev. Samuel H. Thompson, who received his theological education at Princeton Theolog- ical Seminary and was licensed by the Presbytery of New Brunswick, but has since been in connection with a Presbytery in Ireland, from which he has brought a regular certificate, now holds a call to a church in the Presbytery of Ohio ; whereupon it was Resolved, That in the special cir- cumstances of this case, Mr. Thompson be recognized as a minister in regular standing in our Church. — 1869, p. 1155, O. S. 32. Relaxation of the Rules Refused. The Committee further report an application, from the Fourth Presby- tery of New York, for such a modification of the rules in the Digest, as will facilitate the reception of ministers from foreign bodies, with whom we are upon terms of fraternal correspondence. The Committee can see and appreciate the fact, that, in the great changes which have occurred, bringing the ends of the earth near together, instances of seeming hard- ship may occur; still in their judgment the time has not yet come, when it is wise for this Assembly to introduce the change in our arrangements OF THE PRESBYTERY. 159 referred to ; and they therefore recommend that no action be taken by the Assembly in the premises. — 1855, p. 26, N. S. 33 "Waived in Case of a Minister from a Presbytery in Corre- spondence. The Committee on the Polity of the Church reported the following question : Will the Committee on Church Polity consider the question of an amendment to the standing rules of the General Assembly, touching the reception of foreign ministers, so as to except from the application of these rules ministers coming directly from well-known charges or positions, and bringing satisfactory testimonials, where the Presbyteries into which they are to be received have previously signified their approval of the transfer from fields abroad to fields within their bounds ? The Committee recommend as an answer to this question that so much of the regulations and provisions relative to the reception of foreign min- isters (see Digest, p. 117) as regards the probation through which such ministers must pass, before the Presbytery come to a final judgment of their reception, may, at the option of any Presbytery, be waived in those cases in which the transfer is directly from a Presbytery in correspondence with this Assembly, and in which cases the approval of the transfer by such Presbytery has been previously signified. The Presbytery receiving such a minister is strictly enjoined to make a careful record of all the facts in the case. — 1869, p. 281, N. S. The report was adopted. 34. Rule Repealed as to Ministers from the Presbyterian Churches of Great Britain. Overture No. 11, on receiving ministers from foreign countries. The Committee recommend the adoption of the following: Inasmuch as intercourse between the Presbyterian churches of Great Britain and our General Assembly is now much more frequent and inti- mate than in former years, affording the opportunity for mutual acquaint- ance, and knowledge of the character and standing of the ministers in the different churches of both countries; therefore, Resolved, That the regulation requiring ministers coming among us from the Presbyterian churches of Great Britain, to submit to a year's probation before maintaining ministerial standing, is no longer necessary, and is hereby repealed. Adopted. — 1872, p. 70. 35. Jurisdiction of Members Non-Resident. See Book of Discipline, chap, v., sees, iii., iv., and chap, x., sec. ii. 36. A Presbytery may not Restore one Deposed by Another. Also, Overture No. 19, being a memorial of the Rev. George D. Stew- art and others, that the General Assembly would take action and give relief in the case of Rev. Michael Hummer, who, having been deposed by the Presbytery of Iowa, had been restored by the Presbytery of Highland, against the remonstrance of the Presbytery of Iowa, just as if he was an independent minister. It is recommended that this General Assembly declare that it is irregu- lar and unconstitutional for any Presbytery to receive and restore a mem- ber of another Presbytery who has been deposed ; and therefore the action 160 FOBM OF GOVERNMENT. of the Presbytery of Highland in restoring Mr. Hummer was improper; and the Presbytery of Highland is directed to reconsider its action, and proceed according to the requirements of the constitution. The report was adopted.— 1862, p. 608, O. S. 37. One who has withdrawn can be Restored only by the Presby- tery from which he withdrew. Mr. David Austin, who had been formerly a member of the Presbytery of New York, and had withdrawn from the Presbytery and the Presbyte- rian Church, appeared before the Assembly and renewed his request of last year to be again received into ministerial communion and regular standing in the Presbyterian Church. Mr. Austin, having been fully heard in support of his petition, withdrew ; when the Assembly, after ma- turely considering the case, Resolved, That as it would be disorderly for this Assembly to restore Mr. Austin to his standing in the Presbyterian Church in the form in which it is sought by him, inasmuch as he withdrew from the Presbytery of New York, against whom he makes no complaint, and to whom, of course, he ought to apply, so this Assembly, in the course of the discussion had on the subject of Mr. Austin's application, have had before them sufficient evidence that it is inexpedient at present to recommend his re- ception by any judicature of this Church. Yet the Assembly are willing to hope that the time may come when the restoration of Mr. Austin to his former standing may take place to his own satisfaction and the edifi- cation of the Church.— 1802, p. 238. 38. A Minister neither Suspended nor Dismissed may not be Stricken from the Roll. [In 1830 the Kev. Theodore Clapp, having adopted a system of doc- trine at variance with the Confession of Faith, communicated the fact to the Presbytery of Mississippi, of which he was a member, and requested a dismission to join the Hampshire County Association of Congregational Ministers of Massachusetts. Hereupon the Presbytery adopted a series of resolutions refusing the dismission, but declaring that "the Rev. Theo- dore Clapp is no longer either a member of this body or a minister of the Presbyterian Church." The whole business came before the Assembly upon a complaint of a minority of the session of the First Church, in New Orleans, with consent of the Presbytery carried up to the General Assem- bly. — Baird.~] Resolved, That since the Rev. Theodore Clapp has neither been dis- missed nor suspended by the Presbytery of Mississippi, he ought to be regarded as a member of that body, and that in the opinion of this Assem- bly they have sufficient reasons for proceeding to try him upon the charge of error in doctrine. — 1831, p. 340. 39. The Name of one Suspended is to Remain upon the Roll. The records of the Synod of Northern Indiana approved except that on page 54, the Synod censure the Presbytery of Michigan for retaining the name of Mr. Nicoll on the roll after suspending him from the gospel ministry. Your Committee are of the opinion that the name of a sus- pended minister should be retained on the roll of Presbytery till they proceed to the higher censure, though he be deprived of the exercise of his ministerial functions. The report was adopted.— 1847, p. 398, O. S. OF THE PRESBYTERY. 16 J 40. Deposition does not Necessarily Infer also Excommunication —When both are Intended, it should be so Expressed. a. The Committee to which was referred the consideration of a report made by the committee which had been appointed to examine the records of the Synod of Geneva reported, and their report being read, was adopted, and is as follows, viz. : That the records of the Synod be approved to page 45, with the exception of a resolution in page 28, which declares that a deposed minister ought to be treated as an excommunicated person. In the judgment of this Assembly, the deposition and excommunication of a minister are distinct things, not necessarily' connected with each other, but when connected ought to be inflicted by the Presbytery to whom the power of judging and censuring ministers properly belongs. — 1814, p. 549. b. Overture No. 20. A question submitted by John Warnock of Ala- bama, " Does deposition from the ministry exclude from church privi- leges?" The Committee recommended the following resolution, which was adopted, viz.: Resolved, That though the causes which provoke deposition are almost always such as to involve the propriety of exclusion from the sacraments, yet the two sentences are not essentially the same, the one having refer- ence to office and the other to the rights of membership, and therefore, Presbyteries should be explicit in stating both when they mean both. When, however, a Presbytery interpret deposition to involve suspension from the sacraments, and pronounce the censure in that sense, the sentence obviously includes both. — 1848, p. 34, O. S. 41. The Name of a Deposed Minister to be Published in case he does not Cease from Ministerial Functions. Resolved, That it be recommended to the Presbyteries under the care of the General Assembly when they shall depose any of their members from the exercise of the ministerial office, and when any person so deposed shall, without having been regularly restored, assume the ministerial character, or attempt to exercise any of the ministerial functions, that in such case, with a view to prevent such deposed person from imposing himself on the churches, Presbyteries be careful to have his name pul lished in the As- sembly's magazine as deposed from the ministry, that all the churches may be enabled to guard themselves against such dangerous impositions. —1806, p. 360. 42. MISCELLANEOUS QUESTIONS PERTAINING TO MINISTERS. 1. Ministers who Withdraw from the Work of the Ministry. a. Inasmuch as Mr. Stevenson has from time to time and for years past neglected attending on our judicatures, and also omitted his ministry with- out giving us any reasons for his said conduct, it is therefore agreed that his name shall be struck out of our records till he come before us and give an account of his proceedings. — 1741, p. 156. b. If Persistent, to be Regularly Excluded or Deposed. That if any minister of the gospel, through a worldly spirit, a disrelish for the duties of his office, or any other criminal motive, become negligent or careless, he is by no means to be suffered to pursue this course so as at length to be permitted to lay aside the ministry without censure, because this would be to encourage a disregard of the most solemn obligations by opeuing a way to escape from them with impunity. 21 162 FORM OF GOVERNMENT. But in all such cases Presbyteries are seasonably to use the means anc? pursue the methods pointed out in the word of God and the rules of this Church to recall their offending brother to a sense of duty; and if all their endeavors be ineffectual, they are at length regularly to exclude or depose him from his office. If any cases or questions relative to this subject arise in Presbyteries which are not contemplated by the provisions of this rule, such cases or questions should be referred to the General Assembly for a special decis- ion.— 1802, p. 259. c. Presbyteries to Inspect the Fidelity of their Members. The constitutional remedy for these evils is in the hands of the Pres- bytery, to whom it belongs to ordain, install, remove and judge ministers (See Form of Government, chap, x., sec. viii.) ; and whose duty it is to in- spect the fidelity of those whom they have solemnly set apart to the work of the ministry by the imposition of hands. — 1834, p. 450. d. Reasons to be Required and Recorded, with Approval or Disapproval. That when ministers have withdrawn, or may hereafter withdraw, from the work of the ministry, wholly or in part, it be enjoined upon the Pres- byteries to which they belong to require of such ministers their reasons for so doing, which reasons are to be put upon record by the Presbytery, with an expression of their approbation or disapprobation of the same. — 1834, p. 450. e. To be called to Account and Dealt with. That those ministers who give up the regular and stated work of the gospel ministry as their main work, except it be for reasons satisfactory to their Presbyteries, should be called to an account by the Presbyteries to which they belong, and dealt with according to the merits of their re- spective cases. And the justifiable cause for which any minister gives up his work should be stated on the minutes of his Presbytery at the time, with the approval of the body. /. That all our Presbyteries be directed, at their first stated meeting after the rising of this Assembly, to require such ministers in their bounds as are not regularly engaged in their covenanted work, as their chief busi- ness, to give an account of themselves ; and the Presbyteries shall take such order in the premises as is consistent with this minute, and report their doings specially to their respective Svnods, and to the next Assem- bly.— 1842, p. 28, O. S. g. Compliance with the Ride of 1834 Enforced. 1. That the attention of the Synods be called to the rule adopted by the General Assembly of 1834. (Minutes, page 450. See d, above.) 2. That the Synods be required at their next regular meeting to obtain replies from their several Presbyteries to the two following questions, namely: (1.) Whether the above recited rule of the Assembly of 1834 has been observed by the Presbytery. (2.) Whether proper discipline has been exercised, in cases where the reasons for withdrawal from ministerial duty have been disapproved by the Presbytery ; and also in cases of habitual absence from the meetings of the Presbytery without the rendering of sufficient excuse. The report was adopted.— 1869, p. 263, N. S. OF THE PRESENTER Y. 163 h. From the Presbytery of Elizabethtown, asking the Assembly, " for the relief of our minutes, our ecclesiastical courts, and our ministerial name, to define whether a minister who turns aside from his calling, not from bad health or moral delinquency, to some secular employment, should demit the sacred office, or be denied the full immunities of the Presbytery." Resolved, 1st. That the former deliverances of the Assembly on that subject, to wit, in the years 1802, 1834. and 1839 (see b, d), are sufficient. Resolved, 2nd. That the Presbyteries be enjoined to execute the rule of the Assembly of 1834, as to any members "who have withdrawn in w T hole or in part, without justifiable cause, from the work of the ministry." — 1869, pp. 935, 936, O. S. 2. When Providentially Incapacitated, Ministerial Privileges Re- main. Resolved, That it is a principle of this Church that no minister of the gospel can be regularly divested of his office except by a course of disci- pline, terminating in his deposition ; that if any minister, by providential circumstances, become incapable of exercising his ministerial functions, or is called to suspend them, or to exercise them only occasionally, he is still to be considered as possessing the ministerial character and privileges; and his brethren of the Presbytery are to inspect his conduct ; and while they treat himw 7 ith all due tenderness and sympathy, they are to be care- ful that he do not neglect ministerial duty beyond what his circumstances render unavoidable. — 1802, p. 258. 3. Rights of Ministers without Charge to a Seat in Church Courts, a. The Committee to which was referred the overture from the Presby- tery of Baltimore, in the following words, viz., "Are ministers without charges constituent members of our church judicatures, and have they an equal voice with settled pastors and ruling elders of congregations in ec- clesiastical governments?" reported, and their report being read and amended, was adopted, and is as follows, viz. : In the judgment of this Assembly, this question is answered affirma- tively, chap, ix., sec. 2, of the Form of Government of the Presbyterian Church, in these words: "A Presbytery consists of all the ministers and one ruling elder from each congregation within a certain district." — 1816, p. 615. b. The Committee to whom w r as referred Overture No. 9, relative to the right of ministers without charge to a seat in our judicatories, made their report, which, after some discussion, was referred to a committee consisting of Dr. Blythe, Dr. Hoge, Mr. Montfort, Mr. Elliot, and Mr. A. O. Patter- son, to take the subject into consideration, and report to the next General Assembly.— 1835, p. 492. The report of the Committee on the rights of ministers without charges to a seat in the judicatories of the Church, was taken up, and indefinitely postponed.— 1836, p. 294. c. Overture in Relation to the Right of Ministeis not engaged in the Minis- terial Work to sit in Church Courts. According to the constitution of our Church, ministers, as such, whether with or without charge, are of equal power and privilege. If the defection of any minister from the duties implied in his ordination vows is serious enough to disfranchise him, it is sufficiently serious to call for the orderly exercise of discipline. The remedy, therefore, for the evil complained 164 FORM OF GOVERNMENT. of lies with the Presbyteries, and cannot be reached by any action of the Assembly. Touching the alleged inequality between the ministers and the elders in our judicatories, it need only be remarked that the number of vacant churches in a growing land like this greatly exceeds the number of unemployed ministers, and in the Church at large the elders could at any time obtain a large majority, if disposed so to do. Apprehending no danger in this direction, and recognizing no antagonism between the teaching and the ruling elders in the Church, this Assembly sees no reason for special action in the case, leaving the Presbyteries in our large cities, where ministers without charge are prone to collect, to deal with them in an orderly manner as their wisdom may suggest. — 1859, p. 533, O. S. 4. May a Minister hold a Civil Office? The Committee to whom was referred the communication from the Presbytery of Ohio respecting the Rev. Boyd Mercer and his letter to the moderator of the Assembly, exhibited their report. The report, having been read and amended, was adopted, and is as fol- lows, viz. : With respect to the abstract question, whether the tenure of a civil office be or be not incompatible with that of the holy ministry, the Assem- bly is of opinion that there is nothing in the holy Scriptures, or in the Con- stitution, acts or proceedings of the Presbyterian Church in these United States, expressly prohibitory of such union of offices. With respect to the particular case referred to their consideration, as Mr. Mercer in his letter expressly asserts that it is not his intention to decline the office of the holy ministry, and that he was led to devote him- self for the present to the functions of an associate judge by a state of health so infirm as to interrupt the regular discharge of his public duties as a minister of religion, your committee are of opinion that the Presby- tery of Ohio ought not to censure him unless there be some circumstances in the case unknown to the Assembly. That none, however, may so far misconstrue these sentiments as to per- suade themselves that they countenance a covetous, ambitious spirit, your committee further beg leave to suggest the propriety of cautioning your clergy against worldly-mindedness ; of exhorting them not to aspire after places of emolument or civil distinction ; of reminding them that the cure of souls is their peculiar business, and that they who serve at the altar ought, as far as possible, to avoid temporal avocations. — 1806, p. 363. Reaffirmed.— 1808, p. 399. 5. He may hold the Office of Chaplain in the Army or Navy. a. Application was made to Synod by Mr. Beatty, desiring to know their mind with respect to his going as chaplain to the forces that may be raised in the Province of Pennsylvania, if he shall by the Government be called to that service. The Synod do judge it to be his duty. — 1756, p. 275. b. Application having been made to Mr. Beatty by Colonel Armstrong to serve as chaplain to the first battalion of the Pennsylvania Provincials for the ensuing campaign, he requested the advice and judgment of this Synod with respect to his duty therein. The Synod do unanimously agree that it is his duty to go. — 1758, p. 282. c. 'Tis allowed that Messrs. Alexander McDowel and Hector Allison go as chaplains to the Pennsylvania forces, and that Mr. Kirkpatrick go with the New Jersey forces, the ensuing campaign. — 1760, p. 302. OF THE PKESBYTERY. 165 d. The First Philadelphia Presbytery report that they have ordained Mr. Israel Evans and Mr. William Lynn to qualify them to act as chap- lains in the army to which they had been appointed. — 1776, p. 472. e. Also ordained Mr. Kobert Keith to qualify him to act as a chaplain in the army.— 1777, p. 477. /. A reference from the Presbytery of Philadelphia on the propriety of their ordaining to the work of the gospel ministry a licentiate under their care who now holds the office of a chaplain in the navy of the United Slates was considered, whereupon the Assembly resolved, That this judicature of the Presbyterian Church feels a deep and lively interest in the spiritual welfare of the mariners of this country, and espe- cially of those who are engaged in the naval service of our Union ; and that the Assembly therefore will rejoice if any Presbytery under its care has the opportunity of ordaining any well-qualified persons, men of piety and learning, with a view to their rendering permanent ministerial ser- vices to large co?igregations of our fellow-citizens who dwell in ships-of- war.— 1826, p. 171. 6. Demission of the Ministry. a. There being from time to time complaints of the weakness and defi- ciency of Mr. Robert Laing, rendering his exercise of the ministerial function a detriment to the interest of religion, and rather a scandal than an help to the gospel, the Synod advised him to demit the whole exercise of the ministry, and not to take it up again but by the approbation of at least three ministers of the Presbytery wherein he may reside ; the said Mr. Laing did quietly and humbly acquiesce in the aforesaid advice. — 1726. p. 84. b. The Presbytery of New York report that the Rev. Mr. William Wood- hull, one of their members, appeared before them at their last meeting, and stated to them his situation, as being still incapable of exercising his ministry by his continued indisposition, and the little, or rather no, probability of his ever being able to attempt the exercise of it in future, and that he was at the same time engaged in certain secular employ- ments that would seem to render it improper to have his name in their records as a member, while he is incapable of attending their meetings, or discharging any of the great duties of his ministry, and therefore submits to them the propriety of their continuing and considering him as a member from time to time ; and that the Presbytery, on considering his situation, thought it best to leave his name out of their records in future, till he shall be able to return to the exercise of his ministry, an event that would give them great pleasure. The Synod considered the above report, and are of opinion that Mr. Woodhull ought to be continued a member of the Presbytery of New York, and therefore direct that Presbytery to insert his name in their roll. — 1783, p. 497. c. In consequence of Mr. Joseph Montgomery's having informed them [the New Castle Presbytery] that through bodily indisposition he was incapable of officiating in the ministry, and having also accepted an office under the civil authority, they have left his name out of their records. The Synod disapprove of the conduct of the Presbytery of New Castle, in striking the name of Mr. Montgomery off their roll for the reasons given in their report ; neither of which, nor both together, seem to be sufficient ; and in future recommend to all Presbyteries, when any ministers under their inspection resign their charge, or discontinue the exercise of their 166 FORM OF GOVERNMENT. office while they remain in the same bounds, to pass a regular judgment on the reasons given for such conduct; and continue their inspection of those who shall not have deserved to be deprived of the ministerial charac- ter, though they may be laid aside from immediate usefulness. — 1785, pp. 507, # 510. d' By a report from the Presbytery of Lewes, it appeared that a min- ister, heretofore a member of that Presbytery, had been declared to be no longer a member thereof; and, as the Assembly were informed, is considered by them as divested of the ministeral office, and this without deposition, suspension, or censure ; wherefore, Resolved, That it is a principle of this Church that no minister of the gospel can be regularly divested of his office except by a course of discipline, terminating in his deposition. That if any minister, by providential cir- cumstances, become incapable of exercising his ministerial functions, or is called to suspend them, or to exercise them only occasionally, he is still to be considered as possessing the ministerial character and privileges ; and his brethren of the Presbytery are to inspect his conduct: and while they treat him with due tenderness and sympathy, they are to be careful that he do not neglect his ministerial duty, beyond what his circumstances render unavoidable. — 1802, p. 258. [In 1858 an overture was sent down by the Assembly, O. S., proposing to add to chap, xv., Form of Government, three sections providing for the demission of the ministry. — p. 299. [This overture was rejected ; affirmative 24 Presbyteries, negative 84 Presbyteries.— 1859, p. 532.] e. A Full Minute on Demission of the Ministry. The Assembly resumed the consideration of the report of the special committee (Edwin F. Hatfield, D. D., Henry B. Smith, D. D., and Walter S. Griffith, Esq.) on the Demission of the Ministry. After considerable discussion, the report was adopted, and is as follows, viz.: The Committee to whom was referred, by the last General Assembly, an overture from the Presbytery of Philadelphia, Third, on the " Volun-? tary Demission of the Ministry," respectfully submit the following report : The Constitution of our Church, it is well known, provides for the de- position of the unworthy, by due process of discipline ; but seems not to have anticipated that any other class would require to be separated from the responsibilities of an office so high and so sacred. It nowhere con- templates the dismission of the members of the church to the world, nor the return of the ministry, at their own instance, to the mere secularities of e very-day life. Such is the view that has been taken of our standards from the be- ginning. Neither the old Synod of New York and Philadelphia, nor any of our General Assemblies, has ventured to give any different inter- pretation. The Assembly of 1802, on the occasion of the exercise, by the Presbytery of Lewes, of the prerogative of divesting one of their minis- ters of his office, without deposition, suspension, or censure, passed the following resolution: " Resolved, That it is a principle of this Church that no minister of the gospel can be regularly divested of his office except by a course of disci- pline terminating in his deposition. That if any minister, by providential circumstances, become incapable of exercising his ministerial functions, or is called to suspend them, or to exercise them only occasionally, he is still to be considered as possessing the ministerial character and privileges' and his brethren of the Presbytery are to inspect his conduct ; and whih OF THE PKESBYTERY. 167 they treat him with due tenderness and sympathy, they are to be careful that he do not neglect his ministerial duties beyond what his circumstances render unavoidable." The office is to be retained ; but, for sufficient reason, the exercise of the office may be discontinued in whole or in part. Such was the judg- ment of the Synod of 1726, in the case of Mr. Robert Laing, who, by reason of the complaints of his "weakness and deficiency," brought against him, "rendering his exercise of the ministerial function a detriment to the interests of religion, and rather a scandal than a help to the gospel," "ad- vised him to demit the whole exercise of the ministry, and not to take it up again but by the approbation of at least three ministers of the Pres- bytery wherein he may reside." Similar was the judgment of the Synod of 1783, in the case of Mr. William Woodhull, who had represented to the Presbytery of New York, of which he was a member, "his situation, as being still incapable of exer- cising his ministry by his continued indisposition, and the little, or rather no, probability of his ever being able to attempt the exercise of it in fu ture; and that he was at the same time engaged in certain secular employ- ments that would seem to render it improper to have his name in their records as a member." The Synod judged, "that Mr. Woodhull ought to be continued a member of the Presbytery of New T York." Two years afterward, in the case of Mr. Joseph Montgomery, of the Presbytery of New Castle, whose name had been dropped from the roll of the Presbytery, at his own instance, on account of indisposition of body, and the acceptance of "an office under the civil authority," the Synod ex- pressed their disapprobation of the measure, and recommended "to all Presbyteries, when any ministers under their inspection resign their charge, or discontinue the exercise of their office while they remain in the same bounds, to pass a regular judgment on the reasons given for such conduct, and continue their inspection of those who shall not have deserved to be deprived of the ministerial character, though they may be laid aside from immediate usefulness." Thus uniformly has the doctrine been maintained by the ecclesiastical authorities of our Church, " that no minister of the gospel can be regu- larly divested of his office except by a course of discipline terminating in his deposition." The Assembly of 1852 took the same ground, or at least refused to take ground to the contrary. In the case of a member of the Presbytery of Portage, " who, though chargeable with no disciplinable offence, had forsaken the ministry for ten or more years, had regularly and permanently engaged in secular employments, had become a private member of the Church, and had no design of again acting as a minister of the gospel, and who, on this ground, had requested his Presbytery to strike his name from the roll of members," the Presbytery took the po- sition "that presbyterial law contemplates the ministerial office as per- manent, ceasing not but by death or deposition ;" yet they referred the case to the wisdom of the General Assembly. And the Assembly of 1852, although the Committee on the Polity of the Church recommended "that the Presbytery be directed to strike his name from the roll, without im- plying any censure or any imputation upon his Christian character," refused to adopt the recommendation ; thereby confirming the position taken by the Presbytery, and conforming their action to the uniform decisions of the highest ecclesiastical authorities of our Church from the beginning. It is true that, in common with most of the evangelical denominations; we maintain that ordination is but a ceremony — an outward sign- -a pub- 168 FORM OF GOVERNMENT. lie recognition on the part of the ordainers of the fitness of him who is ordained for the office to which he is set apart; it does not impress a cha- racter or impart a fitness not previously possessed. But, in the case of a minister of the gospel, it recognizes the fact that the man has consecrated himself to this high and holy calling ; has, by irrevocable vows, set him- self apart from merely secular pursuits to the service of the Lord Jesus Christ in the ministry. From these vows the Church has received no dis- pensation to release him, and, therefore, has ever disclaimed the power and right, even in the exercise of discipline. So long, therefore, as it is in the power of the minister, he is to exercise his gifts and graces in this particular calling. He is under covenant, both to Christ and to the Church, thus to serve God. He may not, without breach of covenant, abandon, merely at his own instance, the ministerial for a secular calling. If the providence of God puts it out of his power, evidently and unmistakably, to pursue his ministerial work, it becomes his duty to bring his case before his brethren of the Presbytery, and submit it to their decision. If any minister neglects this obvious duty, and of his own accord devotes himself to secular pursuits, his Presbytery are to investi- gate the case, and pass judgment upon it. Such was the judgment of the General Assembly of 1834. "When ministers have withdrawn," they say, "or may hereafter with- draw, wholly or in part, from the work of the ministry, it is enjoined upon the Presbyteries to which they belong to require of such ministers their reasons for so doing: which reasons are to be put upon record by the Presbytery, with an expression of their approbation or disapprobation of the same." In like manner, also, the Assembly of 1802, in order, very properly, to guard against the practical demission of the office, determined and di- rected, " that if any minister of the gospel, through a worldly spirit, a disrelish for the duties of his office, or any other criminal motive, becomes negligent or careless, he is by no means to be suffered to pursue this course, so as at length to be permitted to lay aside the ministry, without censure; because this would be to encourage a disregard of the most solemn obliga- tions, by opening a way to escape from them with impunity. But, in all such cases, Presbyteries are seasonably to use the means and pursue the methods pointed out in the word of God and the rules of this Church, to recall their offending brother to a sense of duty ; and if all their endeav- ors be ineffectual, they are at length regularly to exclude or depose him from his office." This rehearsal of the action of previous Assemblies, it is thought, is a sufficient answer to the overture, without entering upon a discussion of the abstract question : " May an ecclesiastical body, in any case, demit from the office of the ministry without discipline or censure?" We simply refer to the usages of our own Church, and urge them upon the attention of our Presbyteries. They are not to allow any of their ministers to retire from the ministerial work of their own accord ; but to require, of such as are desirous to enter into a secular calling, their reasons for such a course, which they are to put upon record, approvingly or otherwise. The cir- cumstances of the age call loudly upon this Assembly to reaffirm these long-established principles, and to enjoin upon the Presbyteries the utmost carefulness in preventing the secularization of our ministry. — 1860, pp. 234, 236, N. S. [In the Assembly of 1871 an overture on the demission of the ministry was committed to Rev. Drs. Z. M. Humphrey, Charles Hodge, Henry B. Smith, George W. Musgrave, and Elijah R. Craven, to report to the next OF THE PRESBYTERY. 169 Assembly, p. 590. For the Report and Overture, see Minutes, 1872, pp. 46-50. The overture was rejected. Affirmative 45 Presbyteries, negative 65, not voting 69.— 1873, p. 526. 7. Ministers are not to be Enrolled as Members of Particular Congregations. From the Presbytery of Miami the question, whether ordained minis- ters of the gospel ought not to be considered church members, and to have their names enrolled on the sessional records of the church where they are settled as pastors or stated supplies, which question the Commit- tee recommended to be aoswered in the negative. After debate the rec- ommendation was adopted. — 1843, p. 176, O. S. 8. Ministers who "Withdraw from Presbytery and Unite with an- other Denomination Stricken from the Roll. a. The Committee on the reference from the Chenango Presbytery in the case of the Rev. Edward Andrews, made the following report, which was adopted, viz. : Resolved, As the sense of this Assembly, that though the conduct of Mr. Andrews was disorderly, it be recommended to the Presbytery to do nothing further in the case than simply to strike his name from the list of their members.— 1828, p. 240. [Mr. Andrews had withdrawn to the Episcopal Church and been reor- dained.] b. Resolved, That when a minister otherwise in good standing gives no- tice in form to the Presbytery to which he belongs that he renounces the fellowship of the Presbyterian Church, or by neglecting to attend the meet- ings of its judicatories, after being dealt with for such neglect, gives evi- dence that he has done so in fact, his name ought to be struck from the roll of its members, a notice of this procedure communicated to the dis- owned member, and if necessary published to the Church. The congregation under the care of such minister ought to be held as still under the care of Presbytery unless they give evidence that they also have been withdrawn, in which case their name ought also to be struck from the list of congregations belonging to the Presbvterv. — 1830, p. 305. c. Resolved, That it be recommended to the majorities of Presbyteries and church sessions to take no other action in relation to members who have left them to join other ecclesiastical bodies not in connection with us than to strike their names from the roll. — 1839, p. 24, N. S. d. Overture No. 5, from the Second Presbytery of New York, asking the direction of the Assembly as to the action to be taken by Presbytery in the case of a member who, without previous conference with his co- presbyters, or without receiving a certificate of dismission, leaves the Pres- bytery, and abandons the ministry of the Presbyterian Church. The Committee recommend to the Assembly the adoption of the following res- olution as an answer to the request of the Presbytery: Resolved, That in such cases as that presented in the overture, the Pres- bytery ought simply to erase the name of the minister from the roll, pro- vided he leaves the Church without being chargeable with fundamental error in doctrine or immorality of life. Adopted. — 1854, p. 17, O. S. [See Book of Discipline, chap, x., ii.] 22 170 FORM OF GOVERNMENT. VII. TO EXAMINE AND APPROVE OR CENSURE CHURCH RECORDS. 43. Presbyteries must Review the Records of Sessions. a. Whereas, It appeared in the course of the free conversation on re- ligion that in one of the Presbyteries under the care of the General As- sembly, the sessional records of the several church sessions were not regu- larly called up and examined every year by the said Presbytery, and there is reason to believe that other Presbyteries had conducted in the same manner, therefore, Resolved, That it be and it hereby is required of all the Presbyteries within the bounds of the General Assembly annually to call up and ex- amine the sessional records of the several churches under their care, as directed in the Book of Discipline. — 1809, p. 429. b. The Assembly, after seriously reviewing the order of the last Assem- bly, and maturely deliberating on the remonstrance of the Presbytery of Philadelphia against it, can by no means rescind the said order, inasmuch as they consider it as founded on the constitution of our Church, and as properly resulting from the obligation on the highest judicatories of the Church to see that the constitution be duly regarded; yet, as it is alleged, that insisting on the rigid execution of this order with respect to some of the church sessions would not be for edification, the Assembly are by no means disposed to urge any Presbytery to proceed under this order beyond what they may consider prudent and useful. — 1810, p. 453. [The principles laid down by the Assembly for the guidance of Synods apply mutatis mutandis to the minutes of sessions. See chap, xi., sec. vi., Form of Government.] VIII. TO RESOLVE QUESTIONS OF DOCTRINE OR DISCIPLINE. IX. TO CONDEMN ERRONEOUS OPINIONS. X. TO VISIT PARTICULAR CHURCHES, TO INQUIRE AND REDRESS. 44. Overture on the Right of a Church to dismiss its Elders. a. The Committee on the Polity of the Church, to whom was referred the overture — When a church shall dismiss its ruling elders, and deny to its members the right of appeal and complaint, and deny the authority of Presbytery over it, has it a right to be represented in the judicatories of our Church ? — reported as follows : Our Church is organized on constitutional principles, with powers and duties appropriate to each branch or part thereof; and with a gradation of subordinate and superior judicatories, designed to preserve unity of doctrine, and orderly discipline, according to the Scriptures. This constitution does not recognize a right of revolution, and makes no provision therefor ; but treats all such cases simply as breaches of order, and visits them with appropriate constitutional remedies. Any individual church is represented in the Church judicatories constitutionally only by the pastor or an elder, one or both ; and it can find admission into such judicatories only through such a mode of representation. The overture supposes three cases : 1st, a dismissal of elders ; 2d, a denial of the right of appeal and complaint ; and 3d, a denial of the authority of the Presbytery. Each of these is an unconstitutional act, is utterly null and void, and subjects the offending church to visitation and discipline at the hands of the Presbytery. The Form of Government, chap, x., sec. viii., empowers the Presbytery "to visit particular churches, for the purpose of inquiring into their state, and redressing the evils that may have arisen in them ; to OF THE PRESBYTERY. 171 unite or divide congregations, at the request of the people ; or to form or receive new congregations ; and, in general, to order whatever pertains to the spiritual welfare of the churches under their care." The above-named acts of insubordination, being void, work no effect ; the session have still the right, and it is their duty, to send one of the elders to the Presbytery and the Synod ; and his votes aud acts in these bodies are the votes and the acts of the church. So, too, the Presbytery may send any one of such elders to the General Assembly ; and should such church refuse obedience to the acts of the judicatories so constituted, it would be subject to the discipline, in due form, of our ecclesiastical law. Such church has a right to be represented .by elders, and it cannot pass by them and substitute a private member as its representative. A void act of deposition, or dismission of its elders, does not incapacitate the church. In sending one of its dismissed elders to the Presbytery or the Synod, it disaffirms its illegal act, and that is an end of it ; and if it should send a delegate, not an elder, he could not be received ; and the church would be simply unrepresented (except by the pastor), pro hde vice ; but the church is still under the care of the Presbytery, and subject to its government. The bond of union, which was formed by mutual and concurrent consent and act, cannot be dissolved by an ex parte act of insubordination or rev- olution, until the other party has acted thereon. The Committee, there- fore, recommend the following answer to the overture : Resolved, That the acts of insubordination, specified in the overture, do not, of themselves, infer a forfeiture of the church's right to be represent- ed in the Church judicatories ; but such representation must be in the mode, and by the persons, specified in the constitution of the Church. — 1860, pp. 260, 261, KS. b. The Committee on the Polity of the Church reported Overture No. 5 : Where one portion of a church connected with, and under the juris- diction of, the Presbytery, denies the jurisdiction and authority of the Pres- bytery and every other body, and all right to review its proceedings, and the right of appeal to the Presbytery, and declare their determination so to continue ; and the other portion of such church declare to the Presbytery their wish to continue their connection with the Presbytery as heretofore, instead of setting up as an independent church, what is the duty of the Presbytery toward that portion who remain faithful to such jurisdiction? And recommended the following answer: That, in the judgment of the Assembly, the report on the subject last year (see Minutes, pp. 260, 261) implies that the church sustains the same relation to the Presbytery as before the denial of its jurisdiction ; and that the delegate of the church is entitled to a seat in the Presbytery, as in years previous to the act aforesaid.— 1861, p. 478, N. S. 45. Presbytery may, without Petition, direct an Elder tp cease Acting-. Overture from the session of the Presbyterian church at Ironton, Mis- souri, in reference to the power of the Presbytery to declare that a mem- ber of the session shall cease to be an acting elder, without request from the session, or any members of the church. The Committee would recommend the following answer. (See Form of Government, chap, x., sec. 8.) Presbytery has power to visit particular churches for the purpose of inquiring into their state, and redressing the evils that may have arisen in them, and to order whatever pertains to their spiritual welfare, without being requested by the session. 172 FORM OF GOVERNMENT. The report was adopted.— 1869, p. 924, O. S. [See Form of Government, xiii., vii.] 46. A Church may not Withdraw without Consent of Presbytery a. From the Presbytery of Bloomington, asking, Has any church, or any part of a church in our connection, the constitutional right to with- draw from a Presbytery without its consent, and to unite with another body ? Answered in the negative. — 1866, p. 54, O. S. b. [From the Presbytery of Iowa City:] Can a Presbyterian church, under the care of a Presbytery, withdraw regularly without first asking consent and leave of the Presbytery ? We unhesitatingly reply, that no Presbyterian church, under care of a Presbytery, can withdraw regularly without first asking consent and leave of the Presbytery under whose care and jurisdiction it voluntarily placed itself.— 1867, pp. 511, 512, N. S. 47. Course to be Pursued when a Church wishes to "Withdraw. Also Overture No. 4, from certain members of the Presbytery of Athens, asking " whether it is allowable for a Presbytery and a church under its charge to dissolve their connection by mutual consent, the church retain- ing its organization and standing as an independent body." The Committee recommended that the following answer be given : The only proper method of dissolving the relation between a Presby- tery and a church desiring to become an independent body is for such church to withdraw, declining the further jurisdiction of the Presbytery, and the Presbytery to make such a record of its withdrawal as the charac- ter of the action of the withdrawing church requires. The recommenda- tion was adopted. — 1862, p. 33, K S. 48. Presbytery may Dissolve a Church. Judicial Case No. 3, being the appeal and complaint of Smiley Shep- herd against the Synod of Illinois. The report was as follows: The following facts are stated in the records of the Presbytery of Bloomington, and are not denied by the complainant: The Second Church of Union Grove in October, 1859, had for about twenty years neither meeting-house, pastor nor stated supply, nor had it submitted, through the whole of that period until 1859, either statistical reports or sessional rec- ords. It had worshiped regularly with the First Church of Union Grove. In fact, in 1859 it consisted of the complainant and his family alone; but the complainant claimed and exercised the right, as ruling elder, to re- ceive members to his church and to sit and vote in Presbytery and Synod. For about fifteen years the Presbytery had considered the church as with- out even a nominal existence, having in 1841 dropped it from the roll, and it was not restored to the roll till 1856, and then only with a view of having it regularly united with the First Church of Union Grove. On the 11th of October, 1859, Presbytery dissolved the said Second Church, and directed the stated clerk to furnish its members with the usual certifi- cates to some other Presbyterian church. Against this proceeding Mr. Shepherd appealed, and complained to the Synod of Illinois, but his complaint was not sustained. He now appeals and complains to the General Assembly. He does not deny the facts as stated by the Presbytery, but alleges that both Presbytery and Synod were guilty of certain gross irregularities and an arbitrary use of power in the proceeding. But the papers do not OF THE PHESBYTERY 173 contain evidence sustaining these allegations. There is no testimony of any kind filed with these papers. It is impossible for the Assembly to determine from the record whether the power of the Presbytery was dis- creetly exercised. The Committee therefore recommend that the appeal and complaint be dismissed. The report was adopted, and the appeal and complaint dismissed.— 1863, p. 36, O. S. XI. TO OBGANIZE, F^TTE AND DIVIDE CHURCHES. 49. The Organizing of Churches belongs to Presbytery. Is a minister of the gospel in our connection, ex-officio, authorized to organize churches in the bounds of Presbyteries without any previous order of Presbytery directing such organization ? Resolved, That except in frontier and destitute settlements, where, by Form of Government, chap, xv., sec. xv., it is made a part of the business of evangelists to organize churches, and except in cases where it is ex- ceedingly inconvenient to make application to a Presbytery (for which provision is made in the act of Assembly of 1831), it is not the preroga- tive of a minister of the gospel to organize churches without the previous action of some Presbytery directing or permitting it, since in Form of Government, chap, x., sec. viii., to form new congregations is enumerated among the powers of a Presbytery, and since in chap, iv., "Of Bishops or Pastors," no mention is made of any such power being lodged in the hands of an individual minister. — 1833, p. 410. 50. Organization on Petition of a Minority. Has a Presbytery the constitutional right to divide a church where a majority of the members of said church are opposed to its division? Resolved, That where the minority request it, and the Presbytery has reason to believe that the interests of religion will be promoted by it, the Presbytery has the right to form the minority into a new congregation. — 1848, p. 29, O. S. 51. Presbytery may Prohibit an Organization. [The people about White Clay Creek, in New Castle county, Delaware, petitioned Presbytery to have the ordinances of the gospel administered with more convenience and nearness to the place of their abode, for the greater advantage and ease to their several families. Against this the people of New Castle protested, craving that the people of White Clay Creek may not be suffered to set up a meeting-house in the country, that their meeting-house and congregation in New Castle may not be dam- aged by this rupture of their fellow-members of White Clay Creek.] The General Presbytery Ordered, That the people of New Castle and the country should not be divided by setting up two separate meetings. — 1708, pp. 11, 12. 52. When new Congregations may be Formed. The Assembly censure a minister for irregularity in dividing the church in Peoria, by which he did not make a separation from the great body of the Presbyterian Church, but a schism in the body, contrary to the word of God and the government of the Church, which allow of the division of the Church universal into separate congregations only when 174 FORM OF GOVERNMENT. the people of God are too numerous or too remote from each other to assemble in one place to worship God. — 1840, p. 302, O. S. 53. To Divide a Congregation -without Request of the People Irregular. The Synod [of Illinois] seem to have overlooked the irregularity of the Presbytery in dividing a congregation when there was no request from the people on the subject, — 1840, p. 302, O. S. XII. TO ORDER WHATEVER PERTAINS TO THE SPIRITUAL WELFARE OF THE CHURCHES. 54. A Presbytery Dissolves a Pastoral Relation on its own Discretion, a. The moderator explained the state of the question, and read the action of the Presbytery of St. Louis complained agaiust, which was as follows : The memorial of certain members of Pine Street church having been presented, after discussion, Resolved, 1. That by the action of Presbytery in June, 1863, the pas- toral relation between Dr. McPheeters and the Pine Street church was dissolved, and Dr. McPheeters ceased to be the pastor of that church, and ceased to have the right to exercise discipline, or perform the functions of the pastoral office in that church. Resolved, 2. That inasmuch as this action was taken by Presbytery in the exercise of its power "to ordain whatever pertains to the spiritual welfare of the churches under their care," and is its solemn judgment that the interests of the Pine Street church required that Dr. McPheeters should cease to exercise the functions of minister to that church, therefore Presbytery learn with regret that Dr. McPheeters is still officiating as minister in that church, whether by invitation of session or at his own instance is not known to Presbytery, but in either case they do hereby ordain and declare that in the judgment of Presbytery the peace and har- mony and spiritual interests of Pine Street church, as well as a proper respect for the feelings of a large minority opposed to the ministration of their former pastor, require that Dr. McPheeters shall cease all connection with that church, and no longer attempt to minister to that congregation. The vote in the case was then taken by calling the roll, and with the following result : To sustain the complaints against the Presbytery, 47 ; not to sustain, 119; to sustain in part, 2 ; excused from voting, 1. Whereupon the moderator announced that the complaints in this case against the Presbytery of St. Louis were not sustained. Dr. Krebs moved, and it was carried, to appoint a Committee to draw up and report a minute in this case. The following persons were appointed as the Committee, viz. : Drs. Beatty, Musgrave, Elliott, Tustin, Craven and Judge Linn. — 1864, p. 311, O. S. The following is the minute in the case, viz. : b. The Assembly does not sustain the complainants, because the pro- ceedings of the Presbytery of St. Louis iu this case appear constitutional and regular, and, so far as we can perceive, were judicious, equitable, and for the edification of the church. These complaints, both in their language and the necessity of the case, brought the whole proceeding under our review. The question of a dis- solution of the pastoral relation between Dr. McPheeters and the Pine OF THE PEESBYTEEY. 175 Street church was originally brought in an orderly manner before the Presbytery, by petition of a minority of said church, and a personal tender of resignation by the pastor ; and after all the constitutional steps were taken with care and deliberation was decided by the Presbytery, acting for the peace and welfare of that church. That which was called an appeal and complaint to Synod against that action could not so suspend all further proceedings as to prevent the Presbytery from considering and acting upon the continued disturbed state of that congregation ; and when, at a subsequent stated meeting of that body, this subject came before them, they did, almost unanimously, deem it {inadvisable that the late pastor should continue ministerial labors in that congregation. Against this decision oi the Presbytery, Dr. McPheeters and others have uttered these complaints, which we do not sustain. The Assembly has patiently listened to the history of this case from the opposite points of view taken, but in their decision have strictly confined themselves to the facts on record. The resignation of the pastoral re- lation, and the distracted state of the church, seemed plainly to call for the action of the Presbytery ; and being upon the ground, and conversant with all the circumstances and demands of the case, they seem most com- petent to understand and decide what that action should be. The question of the pastor's loyalty to his national government, which seemed to be so largely a disturbing element in the church, has not been properly before the Assembly, as it was not pronounced upon iu any presbyterial action. They judged it best for the peace and prosperity of that particular church that the late pastor should retire altogether, and cease from his public min- istrations to them ; and this Assembly cannot decide otherwise. And though many of the members of the Presbytery were absent from that meeting which so decided, this could not invalidate their proceedings, as it was a regular and lawful meeting of that body. The right and duty of the Presbytery " to order whatever pertains to the spiritual welfare of the churches under their care, and especially to heal dissensions, by seeking to remove the occasions of them, is a dis- tinctive and importan 1 feature in our Presbyterian polity. And when the pastor himself so far recognized the propriety of his withdrawal as to ten- der to the Presbytery his resignation, it was clearly competent for that body not only to grant his request, but to order, if necessary, that he cease his ministrations to that people, if they believed that by longer con- tinuing to serve them the dissensions would be fomented, the strife become embittered, and the spiritual interests of the church endangered. And when the Presbytery did, at length, so interfere and direct, without pro- nouncing upon the rumors and side issues which were the occasions of the strife and unhappy condition of the church, they simply undertook to control the relations of pastor and people for the welfare of the church, without impeaching, by any expression, the moral character and minis- terial standing of that pastor. They only ordered, as a prudential mea- sure, that the resignation which he Lad himself voluntarily tendered to them, should properly and entirely be carried out, by his ceasing in any way to keep up this unhappy state of things, and by ceasing to minister to them as their pastor." — 1864, pp. 327, 328, O. S. * 55. A Presbytery may not Dismiss or Receive a Church without the Consent of Synod. Resolved, That it is unconstitutional for a Presbytery to dismiss a con- gregation under their care, and for any other Presbytery to receive the 176 FORM OF GOVERNMENT. congregation so dismissed, without the approbation of the Synod to which such Presbyteries respectively belong. — 1823, p. 91. 56. The Power of Presbytery over Unemployed Ministers and Va- cant Churches.— Mode of Proceeding. The Assembly proceeded to the consideration of the Report of the Committee on Church Polity, on "Vacant Churches and Unemployed Ministers," which was adopted, as follows : Sundry papers on the general subject of " Vacant Churches and Unem- ployed Ministers," to wit : The report of a Committee appointed by the Assembly of 1871 made to the Assembly of 1872, and referred to this Assembly ; 2. An overture from the Presbytery of Wooster, with accom- panying documents ; and 3. A memorial from Rev. Allen H. Brown, a member of the Presbytery of West Jersey. The Committee recommend the following plan, namely : I. That the Assembly enjoin on each Presbytery, to submit this im- portant matter to that Committee (standing or special) which has the par- ticular care of its missionary churches, with the following instruction, viz.: 1. To provide, as far as may be possible, permanent or occasional work for every minister desiring it, who is without charge, within its Presby* terial jurisdiction ; and also to provide permanent or occasional preach- ing for every destitute church under its presbyterial care. 2. To arrange for grouping the smaller aid-receiving vacant churches, so as most effectively to furnish competent support for the minister serving them, and so as also to secure the preaching of the gospel to the greatest possible number. 3. And since aid-receiving churches, when they become vacant, are usually cut off from Home Missionary aid until they shall have found an acceptable minister ready to be commissioned ; and since many of these churches, being unable to provide for themselves even occasional supplies, thereby suffer serious injury in any long vacancy, each presbyterial Com- mittee is urged to endeavor, in its own way, to nourish and sustain these churches until they are advanced to a condition in which they can be assisted by the Board of Home Missions. 4. To report, to the Chairman of the Synodical Committee, the names of " vacant churches and unemployed ministers" in their bounds for whom they are not able to provide. II. It is further recommended, that each Synod appoint a Committee on " vacant churches and unemployed ministers," consisting of one from each of the presbyterial Committees aforesaid, in like manner, and, as far as possible, to distribute, among the vacant churches of their own Synod, such unemployed ministers as have been reported to them, always regard- ing the rights of the Presbyteries and the wishes of the people. If there should yet remain a surplus of either vacant churches or un- employed ministers within the bounds of any Synod, the chairman of its Committee on this subject shall report the same to the Board of Home Missions. III. And whereas, there may be, in the vast extent of our territory, an excess of " unemployed ministers " in one part thereof, and in another an excess of " vacant churches," the Board of Home Missions is hereby au- thorized and instructed to organize a Special Bureau, whose business it shall be to gather and publish such statistics bearing on the subject as may be important for the information of the churches, and to consider the ?ase of such "vacant churches and unemployed ministers" as may have OF THE PRESBYTERY. . 177 been reported to them by the synodical Committees ; and to endeavor to adjust and distribute these, so that, as far as possible, every capable min- ister, asking for it, may have something to do, and every church may be supplied ; always, however, so as not to interfere in any wise with Presby- terial prerogatives. IV. It is further recommended, that, whereas the Minutes of the Assem- bly for 1872 report 1029 vacant churches, of which 485 have each but 25 members or less, and 174 have each only 10 members or less, the Pres- byteries embracing them be instructed to consider whether some of these churches may not be consolidated advantageously to themselves, without injury to the cause of religion. — 1873, p. 562. IX. It shall be the duty of the Presbytery to keep a full and fair record of their proceedings, and to report to the Synod every year licensures, ordinations, the receiving or dismissing of members, the removal of members by death, the union or division of congregations or the formation of new ones, and, in general, all the important changes which may have taken place within their bounds in the course of the year. [See under Form of Government, chap, xi., sec. vi. Nearly every case there applies equally to the Kecords of Presbytery.] 1. Narratives and all Important Papers to be Recorded. Resolved, That this Assembly earnestly recommend to the Synods and Presbyteries to record in their minutes the Narrative of Religion and all other papers. — 1870, p. 91. 2. Modification of the Rule as to Reports to Synods. The stated clerk, to whom was committed Overture No. 6 from the Synod of Virginia reported the following resolution, which was adopted. viz.: Resolved, That the standing rule of the Assembly on the subject of the reports of Presbyteries to their respective Synods, contained on page 84 of the Digest of 1820, be and the same is hereby repealed ; and hereafter Presbyteries are required to make no other reports to Synods than such as are required by chap, x., sec. ix., in the Form of Government, and these in as general terms as that article of the Constitution will allow. — 1833, p. 400. PRESBYTERIAL REPORTS. It is required of every Presbytery to prepare and forward to the Gen- eral Assembly: 1. A Statistical Report, according to the form exhibited on page 194 of the present Appendix, of which a printed blank will be furnished in due season, by order of the Assembly, to the stated clerk of every Presbytery. This report should, if possible, embrace all the changes in the Presbyter} previous to the first day of April. 2. A Narrative of the State of Religion within the bounds of the Presby- tery for the year ending April 1st. These narratives should specify facts in regard to the particular churches, their state, trials, encouragements and prospects; how many of them, and which, have enjoyed revivals of religion through the year; in which of them the catechisms are taught, 23 178 FORM OF GOVERNMENT. Sabbath-schools and Bible classes organized, with the number of scholars and teachers. Also the various arrangements of the Presbytery for church extension, stating the number of their ministers, and the particular manner in which they are employed ; the number of their churches, and how they are supplied ; the gross amount of funds collected in their bounds for home missions and church erection ; the amount received by their churches from the Presbyterian Board of Home Missions or the Assembly's Sustentation Committee; the number of houses of worship, with their probable value, whether they are free from debt, and what has been done within the year to relieve them from debt ; the number of new churches organized and new houses of worship erected ; what itinerant arrangements have been adopted for preaching the gospel ; what and how much agency has been employed, together with all such other facts and suggestions as will show from year to year what has been accomplished, and what may need to be undertaken, to bring all the churches to a proper degree of effort to promote the kingdom of Christ. As the narratives are not to be publicly read, less care may be given to their style and more to the detail of particulars, such as will aid the Committee of the Assembly in preparing their Annual General Narrative of the State of the Church. —1872, pp. 191, 192. X. The Presbytery shall meet on its own adjournment; and when any emergency shall require a meeting sooner than the time to w 7 hich it stands adjourned, the moderator, or, in case of his absence, death or inability to act, the stated clerk, shall, with the concurrence or at the request of two ministers and two elders, the elders being of differ- ent congregations, call a special meeting. For this purpose he shall send a circular letter, specifying the particular business of the in- tended meeting, to every minister belonging to the Presbytery, and to the session of every vacant congregation, in due time previous to the meeting ; which shall not be less than ten days. And nothing shall be transacted at such special meeting besides the particular busi- ness for which the judicatory has been thus convened. 1. Presbytery may Meet 'Without its own Bounds. 1. Resolved, That Synod has power to order a Presbytery to meet and to transact such business as in the judgment of Synod is intimately con- nected with the good order and well-being of the Church. 2. Resolved, That as such meetings are of the nature of pro re nata meetings, the rules that are laid down in our book for the regulation of such called meetings ought to regulate and govern in all cases these meet- ings ordered by Synod, except when ordered to meet during the sessions of Synod on business immediately connected with the proceedings of that body. In such cases the Presbytery may be required to meet at once by order of the Synod. 3. Resolved, That whilst it would be inexpedient and wrong for the Synod to order a Presbytery to meet beyond its own bounds without the express consent of its members, we see no constitutional or valid objection against a Presbytery agreeing to meet without its own geographical lim- its.— 1848, p. 60, O. S OF THE PRESBYTERY*. 179 2. A Meeting pro re nata must be Called by the Moderator Chosen at a Stated Meeting. a. [The Kecords of the Synod of Mississippi approved,] with the excep- tion that the Synod acknowledges the constitutionality of a meeting of the Presbytery of Clinton that had been called by a moderator chosen pro tempore at a previous pro re nata meeting, instead of being called by the moderator appointed at the last stated meeting of the Presbytery. — 1842, p. 28, O. S. 3. "When Meetings pro re nata may be Called. In answer to the first query, the Synod judge that meetings of judica- tures pro re nata can only be necessary on account of important occur- rences unknown at their last meeting, and which cannot be safely deferred till their stated meeting, such as scandal raised on a minister's character tending to destroy his usefulness and bring reproach on religion, or feuds in a congregation threatening its dissolution, or some dangerous error or heresy broached; but not matters judicially deferred by the judicature, except some unforeseen circumstance occurs, which makes it appear that some principal things on which the judgment depends may then be had, and cannot be obtained if it is deferred till their stated meeting, nor for any matters that ordinarily come in at their stated meetings. And when such occasional meetings appear necessary to the moderator himself, it is proper to call the judicature together, or upon the application of any two members judging it necessary, provided always that seasonable notice be given to all the members of the occasion, time and place of meeting, and that it be appointed at such a season as may render the attendance of the members practicable. — 1760, p. 305. 4. Applicants for a Meeting pro re nata may Name a Time and Place which the Moderator may not Change. 1. In an application to the moderator of a Presbytery to call a pro re nata meeting of that body, is it competent for applicants to specify a par- ticular time and place for such meeting? 2. If a particular time or place, or both, be specified in the application for a pro re nata meeting of Presbytery, has the moderator a right, on such application, to call a meeting at a different time and place? The first question was answered affirmatively, the second negatively, at the recommendation of the Committee.' — 1856, p. 522, O. S. XI. At every meeting of Presbytery a sermon shall be delivered, if convenient; and every particular session shall be opened and closed with prayer. The Preacher not Necessarily a Member of that Presbytery. The Records of the Synod of Indiana approved, except that on page 253 it appeared that the Presbytery of Madison, at a certain meeting, in the absence of the moderator, invited a minister from another Presby- tery to preach the opening sermon. This act of Presbytery the Synod condemn as unconstitutional. The Committee are of the opinion that the Presbytery by so doing violated no principle of the constitution. Adopted.— 1849, p. 250, O. S. 180 FORM OF GOVERNMENT. XII. Ministers in good standing in other Presbyteries, or in anv sister churches, who may happen to be present, may be invited to sit with the Presbytery as corresponding members. Such members shall be entitled to deliberate and advise, but not to vote in any de- cisions of the Presbytery. 1. Synods and Presbyteries may Correspond with Local Bodies. a. Resolved, That while this Assembly would not interfere authorita- tively with the lower judicatories in the exercise of their prerogative, they would recommend that no ministers should be invited to sit as correspond- ents who do not belong to some body in correspondence with this Assem- bly.— 1843, p. 23, N. S. b. The report of the Committee in reference to correspondence with the Methodist Episcopal conferences, which had been put upon the docket, was taken up, and the following resolution was adopted, viz. : Whereas, the communication of the Oneida Annual Conference of the Methodist Episcopal Church solicits only a correspondence between them- selves and the Synod of New York and New Jersey, and not with the Presbyterian Church generally ; and whereas, the Synod has referred the matter to the Assembly without submitting any specific proposition or plan for such correspondence ; therefore, Resolved, That the communication be referred back to the Synod to adopt such measures as they may deem proper in pursuance of the request for a correspondence of the local bodies. — 1850, p. 323, N. S. c. Overture: Is it orderly for our Presbyteries and Synods to invite ministers of the Methodist Episcopal Church to sit as corresponding mem- bers ? which was answered by the Assembly unanimously in the affirma- tive.— 1849, p. 174, N. S. 2. The Ecclesiastical Bodies must be Named. Minutes (Synod of Albany) approved, with the exception of having in- vited several ministers to take their seats as corresponding members with- out describing the ecclesiastical bodies to which such ministers belong. — ■ 1815, p. 578. OF THE SYNOD. 181 CHAPTER XI. OF THE SYNOD. I. As a Presbytery is a convention of the bishops and elders within a certain district : so a Synod is a convention of the bishops and elders within a larger district, including at least three Presbyteries. The ratio of the representation of elders in the Synod is the same as in the Presbytery. The Form of Government, as adopted in 1789, reads : " As a Presbytery, etc., so a Synod is the Convention of several Presbyteries within a larger district, including at least three Presbyteries." The Assembly of 1804, p. 304, sent down an overture to the Presbyteries to change the section so as to read as at present, and adds in a note, " Under this section it has been doubted whether the members can proceed to business as a Synod, unless there are present several Presbyteries, i. e., at least three ministers from one of the existing Presbyteries and three from another. ' The doubt has not only caused delay in several instances, but defeated the whole business of one entire meeting. The amendment therefore goes to make a Synod consist not of Presbyteries, but, as it ought, of bishops and elders. The amendment was adopted. — 1805, p. 333. 1. Synod may not Refuse to Receive the Members of its Presby- teries, nor Order their Names to be Erased. a. The records of the Synod of Michigan were, on the recommendation of the Committee, approved, with the following exception, That on pages 137, 138, 139, 140, the Synod declined to receive two members, whose names appear on the minutes of two of the Presbyteries, and that the Synod also directed said Presbyteries to strike the names of said members of Pres- bytery from their roll, one of the members belonging to the Presbytery of Monroe, the other to the Presbytery of St. Joseph. — 1849, p. 176, N. S. b. On the records of the Synod of Indiana, the following report was adopted : The Committee to which were referred the records of the Synod of Indiana reports that it has examined said records, and recommends their approval, with the following exception : On pages 157 and 8 the record declares that Synod refused to enroll the Rev. E. B. Smith, because he had made no public contradiction of the fact that his name appears in the public prints as a signer of the Declara- tion and Testimony, although he privately informed the stated clerk of Synod that he had neither himself signed the " Declaration and Testi- mony," nor authorized any one to sign it for him, as appears from page 153 of the records. It seems to the Committee that the Synod should have directed the Rev. Mr. Smith to make a public contradiction before taking further action, because, as the record now stands, it implies that the Synod has no confidence in his statements. If his statements are unworthy of belief he should be disciplined. The Committee recommend that the Synod be directed to review its action. — 1867, p. 357, O. S. 182 FORM OF GOVERNMENT. c. Overture No. 28. On the doings of the Synod of Michigan, the matter of enjoining the Presbyteries of St. Joseph and Monroe to erase the names of Rev. Marcus Harrison and Rev. A. L. Payson from their rolls, was taken up. It was Resolved, That the action of the Synod in the premises is unconstitutional. — 1849, p. 177, N. S. [For a historv of the Synods prior to 1869, see Baird, Revised Edition, pp. 264, 275, 853. New Digest, pp. 142-154.] 2. The Synods as Constituted in 1870. The order of the day, viz., the Enabling Act, was then taken from the docket, amended, and passed as follows : Resolved, That, in order to carry into full effect the plan of Reunion, the fifty-one Synods, into which the Presbyteries of this Church are now distributed, be and they are hereby so arranged as to make but thirty-four Synods, to be constituted as follows : 1. The Synod of Long Island is hereby constituted ; to consist of the several Presbyteries and parts of Presbyteries included within the counties of King's, Queen's, Suffolk and Richmond, in the State of New York; to meet on the twenty-first day of June, 1870, at 3 p. m., in the First Pres- byterian Church (Remsen street) of Brooklyn, N. Y. 2. The Synod of New York is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the counties of New York, Westchester, Putnam, Dutchess, Rockland, Orange, Ulster and Sullivan, in the State of New York, and within New England ; to meet on the twenty-first day of June, 1870, at 11 A. m., in the First Pres- byterian Church of New York ; and the Synod of New York is hereby declared to be the legal successor of the Synod of New York, and of the Synod of New York and New Jersey, and as such entitled to the posses- sion and enjoyment of all the rights and franchises, and liable to the per- formance of all the duties, of those Synods. 3. The Synod of Albany is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district north of the northern line of the Synod of New York, and east of the western line of the counties of Greene, Schoharie, Montgomery, Fulton, Hamilton and Franklin, N. Y. ; to meet on the fourth Tuesday of June next, in the Second Church of Troy, N. Y., at 7s p. m. ; and the Synod of Albany is hereby declared to be the legal successor of the Synod of Albany, New School, and of the Synod of Albany, Old School, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 4. The Synod of Utica* is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district west of the Synod of Albany, extending to the State line on the north, and to the western line of Tioga, Cortland, Onondaga and Oswego counties, in the State of New York ; to meet on the twenty-first day of June, 1870, at 71 p. m., in the First Presbyterian Church of Oneida, N. Y. ; and the Synod of Utica is hereby declared to be the legal successor of the Synods of Utica and Susquehanna, and as such entitled to the possession and enjoy- ment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 5. The Synod of Geneva is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district west of the Synod of Utica, and extending to the west line of Steuben, Ontario and * Changed to Central New York, 1873, p. 525. OF THE SYNOD. 183 Wayne counties, in the State of New York; to meet on the eleventh day of Julv next, in the First Presbyterian Church of Ithaca, N". Y., at 71 p. H. ; and the Synod of Geneva is hereby declared to be the legal successor of the Synod of Geneva, and as such entitled to the possession and enjoy- ment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 6. The Synod of Genesee* is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the district lying west of the Synod of Geneva, in the State of New York ; to meet on the twenty-eighth day of June next, in the Central Church, Buffalo, X. Y., at 71 p. M. ; and the Synod of Geuesee is hereby declared to be the legal successor of the Synods of Genesee and Buffalo, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 7. The Synod of New Jersey is hereby constituted ; to consist of the Presbyteries and parte of Presbyteries included within the State of New Jersey, together with the Presbytery of Corisco, in Africa ; to meet on the twenty-first day of June next, at 3 p. M., in the Westminster Church of Elizabeth, X. J. ; and the Synod of New Jersey is hereby declared to be the legal successor of the Synod of NeW Jersey, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 8. The Synod of Philadelphia is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the district between the eastern line of Pennsylvania and the west line of the counties of Bradford, Sullivan, Luzerne, Schuylkill, Lebanon and York, together with the Presbytery of Western Africa ; to meet on the twenty-first day of June, 1870, at 8 p. m., in Spring Garden Church, Philadelphia; and the Synod of Philadelphia is hereby declared to be the legal successor of the Synods of Philadelphia and Pennsylvania, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 9. The Synod of Harrisburg is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the district lying west of the Synod of Philadelphia, and east of the west line of the coun- ties of McKean, Cameron, Clearfield, Blair and Bedford, in the State of Pennsylvania: to meet on the twenty-eighth day of June next, at 71 p.m., in the First Presbyterian Church of Bellefonte, Pennsylvania. 10. The Synod of Erie is hereby constituted ; to consist of the Presbv- teries and parts of Presbyteries in the north-west counties of Pennsylvania, west of the Synod of Harrisburg, and bounded south by the counties of Cambria and Westmoreland, and the Allegheny and Ohio rivers to the State line, except that part of Indiana county lying east and south of the Black Lick Creek; to meet on the seventh day of July, 1870, at 71 p. ML, in the Park Presbyterian Church, Erie, Pa. ; and the Synod of Erie is hereby declared to be the legal successor of the Synods of Allegheny and West Pennsylvania, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 11. The Synod of Pittsburg is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the remainder of Pennsylvania, west of the Synod of Harrisburg. and south of the Synod of Erie, and all of West Virginia west of the Allegheny ridge ; to meet * Changed to Western New York, 1871, p. 539. 184 FORM OF GOVERNMENT. on the twenty-third day of June, 1870, at 10J A. M., in the First Church of Pittsburg, Pa. ; and the Synod of Pittsburg is hereby declared to be the legal successor of the Synod of Pittsburg, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 12. The Synod of Baltimore is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the States of Del- aware and Maryland, the District of Columbia, Virginia, and that part of West Virginia east of the Allegheny ridge, together with the Presbytery of Rio Janeiro ; to meet on the fourteenth day of June, 1870, at 7i P. m., in the Central Church of Wilmington, Del. ; and the Synod of Baltimore is hereby declared to be the legal successor of the Synod of Baltimore, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 13. The Synod of Atlantic is hereby constituted; to consist of the Pres- byteries and parts of Presbyteries included within the States of North and South Carolina, Georgia and Florida ; to meet on the seventh day of July, 1870, at 11 A. m., in Biddle Institute, Charlotte, N. C. 14. The Synod of Cleveland is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the district bounded by the Ohio State line on the east, and the west and south lines of the counties of Lorain, Medina, Summit, Stark, Tuscarawas, Guernsey, Noble and Monroe ; to meet on the twenty-ninth clay of June, 1870, at 71 P. M., in the Second Church of Cleveland, Ohio ; and the Synod of Cleveland is hereby declared to be the legal successor of the Synods of Wheeling and Western Reserve, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the du- ties, of those Synods. 15. The Synod of Toledo is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the counties west of the Synod of Cleveland, and the east and south lines of the counties of Erie, Huron, Crawford, Wyandot, Hardin, Logan, Champaign, Shelby and Mer- cer, Ohio; to meet on the twenty-first day of June, 1870, at 7i p. m., in the Reunion Presbyterian Church of Lima, Ohio; and the Synod of Toledo is hereby declared to be the legal successor of the Synod of Sandusky, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 16. The Synod of Cincinnati is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the counties bounded by the north and east lines of Darke, Miami, Clarke, Greene, Fayette, Ross, Vinton and Gallia, in the State of Ohio ; to meet on the twelfth day of July, 1870, at 11 a.m., in the Second Church of Cincin- nati, Ohio ; and the Synod of Cincinnati is hereby declared to be the legal successor of the Synods of Cincinnati, N. S., and Cincinnati, O. S., and as such entitled to the possession and enjoyment of all the rights and fran- chises, and liable to the performance of all the duties, of those Synods. 17. The Synod of Columbus is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the remaining, being the central, counties of Ohio; to meet on the twelfth day of July, 1870, at 8 p. M., in the Second Church of Columbus, Ohio; and the Synod of Columbus is hereby declared to be the legal successor of the Synods of Ohio, N. S., and Ohio, O. S., and as such entitled to the possession and en- joyinent of all the rights and franchises, and liable to the performance of ill the duties, of those Synods. 18. The Synod of Michigan is hereby constituted; to consist of the OF THE SYNOD. 185 Presbyteries and parts of Presbyteries included within that part of Mich- igan embracing the whole of the lower peninsula of that State ; to meet on the twelfth day of July, 1870, at 8 p. M., in the Westminster Church of Detroit, Mich. ; and the Synod of Michigan is hereby declared to be the legal successor of the Synod of Michigan, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 19. The Synod of Kentucky is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Ken- tucky; to meet on the twenty-ninth day of June, 1870, at 8 p. M., in the Chestnut Street Church of Louisville, Ky. ; and the Synod of Kentucky is hereby declared to be the legal successor of the Synod of Kentucky, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 20. The Synod of Tennessee is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the States of Ten- nessee, Louisiana and Texas, with all our ministers and churches in the States intervening ; to meet on the fourteenth day of July, 1870, at 2 p. M., in New Market, Tenn.; and the Synod of Tennessee is hereby de- clared to be the legal successor of the Synod of Tennessee and of the Synod of Nashville, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 21. The Synod of Indiana, South, is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the State of Indiana, south of the north line of the counties of Wayne, Henry, Han- cock, Marion, Hendricks, Putnam, Clay and Vigo ; to meet on the fifth day of July, 1870, at 7! P. m., in the Third Presbyterian Church of Indi- anapolis, Ind. ; and the Synod of Indiana, South, is hereby declared to be the legal successor of the Synods of Indiana, N. S., and Indiana, O. S., and as such entitled to the possession and enjoyment of all the rights and fran- chises, and liable to the performance of all the duties, of those Synods. 22. The Synod of Indiana, North, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Indiana, north of the north line of the Synod of Indiana, South ; to meet on the twenty-eighth day of June, 1870, at 8 p. m., in the First Presbyte- rian Church of Logansport, Ind.; and the Synod of Indiana, North, is hereby declared to be the legal successor of the Synods of Northern Indi- ana and Wabash, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 23. The Synod of Illinois, South, is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the State of Illinois, south of the north line of the counties of Edgar, Douglas, Moul- trie, Shelby, Christian, Montgomery, Macoupin, Green and Calhoun; to meet on the twelfth day of July, 1870, at 7} p. M., in the First Presbyte- rian Church of Vandal ia; and the Synod of Illinois, South, is hereby de- clared to be the legal successor of the Synod of Illinois, N. S., and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 24. The Synod of Illinois, Central, is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the counties north of the north line of the Synod of Illinois, South, ami south of the south line of the counties of Kankakee, Grundy, La Salle. Putnam, Bu- reau, Henry and Mercer; to meet on the twelfth day of July, 1870, at 1\ 24 186 FORM OF GOVERNMENT. p.m., in the First Church of Bloomington, 111.; and the Synod of Illinds, Central, is hereby declared to be the legal successor of the Synod of Illi- nois, O. S., and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 25. The Synod of Illinois, North, is hereby constituted; to consist of the Presbyteries and parts of Presbyteries included within the remaining coun- ties of the State of Illinois, being those north of the north line of the Synod of Illinois, Central; to meet on the twenty-eighth day of June, 1870, at 1\ p. m., in the First Church of Chicago, Illinois ; and the Synod of Illinois, North, is hereby declared to be the legal successor of the Synods of Chi- cago and Peoria, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 26. The Synod of Wisconsin is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Wis- consin, together with the upper peninsula of Michigan, and the county of St. Louis, in the State of Minnesota ; to meet on the twelfth day of July, 1870, at 7i P. m., in the North Church of Milwaukee, Wis. ; and the Synod of Wisconsin is hereby declared to be the legal successor of the Synods of Wisconsin, N. S., and Wisconsin, O. S., and as such entitled to the posses- sion and enjoyment of all the rights and franchises, and liable to the per- formance of all the duties, of those Synods. 27. The Synod of Minnesota is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Min- nesota (except the county of St. Louis), and also the Territory of Daco- tah ; to meet on the fifth day of July, 1870, at 8 p. M., in the First Presby- terian Church of Minneapolis, Minn.; and the Synod of Minnesota is hereby declared to be the legal successor of the Synods of Minnesota and St. Paul, and as such entitled to all the rights and franchises, and liable to the performance of all the duties, of those Synods. 28. The Synod of Iowa, North, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the counties of the State of Iowa, north of the south line of the counties of Clinton, Jones, Linn, Benton, Tama, Marshall, Story, Boone, Greene, Carroll, Crawford and Manona; to meet on the fifth day of July, 1870, at 8 p. M., in the First Presbyterian Church of Cedar Rapids, Iowa ; and the Synod of Iowa, North, is hereby declared to be the legal successor of the Synods of Iowa, N. S., and Iowa, O. S., and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 29. The Synod of Iowa, South, is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Iowa, south of the south line of the Synod of Iowa, North, Nebraska, and the Territory of Wyoming; to meet on the thirteenth day of July, 1870, at 8 p.m., in the Central Church of Des Moines, Iowa; and the Synod of Iowa, South, is hereby declared to be the legal successor of the Synod of Southern Iowa, and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of that Synod. 30. The Synod of Missouri is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries included within the State of Mis- souri ; to meet on the sixth day of July, 1870, at 8 p. m., in the First Pres- byterian Church of St. Louis, Mo. ; and the Synod of Missouri is hereby declared to be the legal successor of the Synod of Missouri, N. S., and the OF THE SYNOD. 187 Synod of Missouri, O. S., and as such entitled to the possession and enjoy- ment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 31. The Synod of Kansas is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries included within the State of Kansas, in Colorado, in New Mexico and in the Indian Territory ; to meet on the twelfth day of July, 1870, at 7 i p. m., in the First Church of Topeka ; and the Synod of Kansas is hereby declared to be the legal successor of the Synod of Kansas, N. S., and Kansas, O. S., and as such entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 32. The Synod of the Pacific is hereby constituted ; to consist of the Presbyteries and parts of Presbyteries west of the Rocky Mountains ; to meet on the twelfth day of July, 1870, at 7i o'clock p. m., in the Howard Church of San Francisco, Cal. ; and the Synod of the Pacific is hereby declared to be the legal successor of the Synods of Pacific and Alta Cali- fornia, and as such is entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. 33. The Synod of India is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries, and all our missionaries and churches, in that country, to meet on their own adjournment. 34. The Synod of China is hereby constituted ; to consist of the Pres- byteries and parts of Presbyteries, and all our missionaries and churches, in China, Siam and Japan ; to meet on the twentieth day of October, 1870, at 7 p. m., in the Presbyterian Mission Chapel, at Shanghai. — 1870, pp. 91-97. On the recommendation of the Committee on the Polity of the Church it was Resolved, That the churches connected with any of the Presbyteries of this Church that are located beyond the bounds of the United States be, and they hereby are, attached to the Presbytery and Synod as newly ar- ranged to which they are next adjacent. — 1870, p. 127. 35. The Synod of Colorado is hereby constituted; to consist of the ministers and churches in the Presbyteries of Colorado, Santa Fe and Wyoming ; and that said Synod meet at Pueblo, Colorado, on the fourth day of September, 1871, at 11 o'clock a. m. — 1871, p. 547. 3. Changes in the Boundaries of the Synods. a. Overture No. 8, from the Presbytery of St. Paul, asking for the rele- gation of St. Louis county, Minnesota, to the Presbytery of St. Paul, Synod of Minnesota. The reconstruction act, by special provision, embraced the county of St. Louis in the Synod of Wisconsin, instead of that of Min- nesota, to which it geographically belongs. The change now asked for by the overture will make the Synod of Minnesota embrace the whole of the State of Minnesota. The Committee, therefore, recommend that the re- quest be granted. — 1871, p. 540. b. The Church of Milford, Pa., from the Presbytery of Lackawanna, Synod of Philadelphia, to the Presbytery of Hudson, Synod of New York. —1871, p. 540. c. Overture No. 16, from the American Presbyterian Church of Montnat, Canada, asking the Assembly to transfer it from the Presbytery of Ch»m- plain to the Presbytery of New York. In view of the peculiar circum- stances of this case, the church being outside of the United States i*Ke 188 FOKM OF GOVERNMENT. Committee recommend that the request be granted, and that the presby- terial connection of the American church of Montreal be hereby changed accordingly. — lb., p. 541. d. Overture No. 19, from the Synod of Columbus, asking for the transfer of the Church of Buffalo, in Guernsey county, with its pastor, the Rev. H. C. Foulke, from the Presbytery of St. Clairsville, Synod of Cleveland, to the Presbytery of Zanesville, in this Synod. Also, a re- monstrance from the Presbytery of St. Clairsville, on the ground that the church and pastor had refused to acknowledge their Synodical relation as declared by the last Assembly, and that the Presbytery of St. Clairsville have remonstrated with the Synod of Columbus against the illegal recep- tion of the church and pastor. The Committee recommend that the re- quest be answered in the affirmative. — lb., p. 545. e. Overture No. 23, a memorial from the Synod of Minnesota, asking the Assembly to attach the Santee Reservation in Nebraska to the Synod of Minnesota. It appears, by the memorial, that the Pilgrim church among the Santee Indians in Nebraska was, by the reconstruction act, placed within the Synod of Iowa, South ; and as it would seem to be ad- visable that all the churches in the Dakota Mission should be under the care of one Synod, the Committee recommend the granting of the request. —lb., p. 546. /. The Church of Canal Fulton, transferred from the Presbytery of Mahoning, Synod of Cleveland, to the Presbytery of Wooster, Synod of Columbus.— 1872, p. 86. g. The Committee recommend that the western boundary of the Sy- nod of Harrisburg be so changed as to include within that Synod the Shiloh Church of St. Mary's, to be attached to the Presbytery of North- umberland. Adopted. — 1872, p. 86. h. To transfer the Churches of Mechanicsville and Clarence from the Presbytery of Iowa City and Synod of Iowa, South, to the Presbytery of Cedar Rapids, Synod of Iowa, North, and also to alter the boundary line between those two Synods so that the northern tier of townships in Cedar county shall be included within the limit of the Synod of Iowa, North. Adopted.— 1872, p. 88. i. An overture from the Presbytery of Austin, Texas, asking to be de- tached from the Synod of Tennessee, and made a constituent part of the Synod of Kansas, because of the great distance, and inconvenient access to that part of Tennessee where the Synod usually meets, which have thus far hindered the Presbytery altogether from attending ; and on the other hand, the direct communication with Kansas, now established by railroad connections. Recommended that the Presbytery of Austin be a part of the Synod of Kansas, until a Synod be organized in Texas. Adopted. — 1873, p. 525. k. The Church of Beem's Creek, Presbytery of Catawba, Synod of At- lantic, transferred to Presbytery of Holston, Synod of Tennessee, on ac- count of inconvenience of geographical position. — 1873, p. 539. /. A memorial from the Synod of Illinois Central, and one from the Presbytery of Ottawa, in connection with the Synod of Illinois, North, re- questing that the boundary line between those Synods be changed so as to include the two townships of Osage and Groveland, in the county of La Salle, within the territory of Illinois Central. Granted. — 1873, p. 539. II Any seven ministers, belonging to the Synod, who shall con- vene at the time and place of meeting, with as many elders as may be OF THE SYXOD. 189 present, shall be a quorum to transact synodical business ; provided not more than three of the said ministers belong to one presbytery. 1. The Rule as to a Quorum must be Observed. — Irregular Pro- ceedings. — How treated. a. It appears from the record that certain members of the Synod of West Tennessee met at Knoxville, Tennessee, Oct. 12, 1848, and consti- tuted themselves the Synod of West Tennessee, contrary to the Form of Government, chap, xi., sec. 2, there being seven ministers present, but four of them were from one Presbytery. 1st. The Assembly declare all proceedings and acts of those members of the Synod of West Tennessee found recorded on pp. 214-230 unconstitu- tional and invalid, except so far as relates to the appointment of the time and place for the next meeting of Synod. 2d. That the Synod be directed to review, at its first regular meeting hereafter, the proceedings and acts of said members of the Synod, and that they adopt or reject the same, in whole or in part, as they may see fit.— 1849, p. 248, O. S. b. The Acts of less than a Quorum Unconstitutional. In regard to the Minutes of 1855, Synod of Arkansas, the Assembly declares — 1st. That the proceedings and acts of the members of said Synod, met at Little Rock, Sept. 20, 1855, are unconstitutional and void — inasmuch as they proceeded without such a quorum as the constitution requires — except so far as relates to the appointment of the time and place of the next meeting. 2d. The Synod is directed to review, at its next regular meeting, the proceedings and acts of said members, and to adopt or reject them, in whole or in part, as they may see fit. — 1856, p. 539, O. S. 2. Session on the Sabbath Censured. a, The Committee appointed to examine the records of the Synod of North Carolina reported, when the records were approved, with the ex- ception that on page 48 it is recorded that Synod held a session on Sab- bath evening. This was the closing meeting; and though it does not seem to have been one of much business, still, in the opinion of the Assembly, it was not proper. — 1834, p. 445. b. The records of the Synod of Peoria approved, with the exception " that on page 33 there is the record of a business meeting held on Sab- bath evening."— 1846, p. 18, N. S. 3. "When a Synod has failed to Meet on its Adjournment.— The Remedy. a. As it appeared from the representations of ministers and elders assembled at Yorktown, the 20th of October, 1795, and signed Robert Davidson, that the Synod of Philadelphia did not meet according to its last adjournment, nor since the time to which it was adjourned. On mo- tion, Resolved, That the moderator of the Synod of Philadelphia, the Rev. Dr. Robert Davidson, ought to be considered as competent to call a meet- ing of the same, and that he do accordingly call a meeting, to be held in the Third Presbyterian Church in the city of Philadelphia, on the fourth 190 FORM OF GOVERNMENT. Wednesday of October next ; and that he give due notice thereof by a circular letter to the moderators of the several Presbyteries composing the said Synod, whose duty it shall be to acquaint the other members. Resolved, as the opinion of the Assembly, That from the nature of the thing two or more members of any judicatory, meeting according to the adjournment, may adjourn from day to day until a sufficient number attend for the transacting of business, and in case a quorum should not attend within a reasonable time, that the moderator shall be considered as com- petent to fix any time and place he may judge proper for convening the body ; and if he be absent, that the members assembled shall represent the matter speedily to him, that he may act accordingly." — 1796, p. 113. b. A request from the moderator of the Synod of Upper Missouri, that as the Synod failed to meet last fall, according to adjournment, in Kansas City, owing to the distracted state of the country, the Assembly would enjoin upon said Synod to meet in Liberty Church, Clay county, Missouri, on the 1st day of October next, at 7 o'clock p. m. The Committee recommend that the request be granted, and the Synod be and hereby is directed to meet accordingly. — 1862, p. 596. " Time changed to Oct. 8, and report adopted." — p. 610, O. S. [At the same meeting a similar request from the Synod of Baltimore was answered in the same manner.] — p. 596, O. S. Also Synod of Missouri, N. S— 1862, p. 14. On petition of the Presbytery of i^lbany, the Assembly changed the time of the meeting of the Synod of Albany on account of the meeting of the Evangelical Alliance.— 1873, p. 525. 4. Meetings pro re nata Constitutional. a. The Committee of Overtures also reported Overture No. 13. This overture was taken up, and is as follows, viz.: "An answer is requested to the following question, viz., Has the moderator of a Synod a right to call a meeting of the Synod during the interval of its stated sessions?" Resolved bv the Assembly, That this question be answered in the af- firmative.— 1829, p. 268. b. The Assembly took up the protest and complaint of a minority of the Synod of Virginia against a decision of said Synod in favor of called meetings of Synod. The complainants and Synod were heard, after which it was resolved that the complaint be not sustained. — 1832, p. 368. c. The Committee on the Records of the Synod of Tennessee reported that after a careful examination of those records they find them correct ; and the attention of the Committee having been called to the report of a committee of the Synod of Tennessee relating to the constitutionality of a called meeting of said Synod, convened in accordance with a declaratory resolution of the General Assembly of the Presbyterian Church in 1796, and found on page 321 of the Digest published in 1820, after a careful examination of the whole subject, they recommend the following action in the case: That in the judgment of this General Assembly the meeting of the Synod of Tennessee at Knoxville, in said State, on the ninth day of November, was in accordance with the constitution of the Presbyterian Church, and the Assembly do so declare. The report was adopted. — 1855 p. 16, N. S. 5. The Moderator must Specify the Object of the Meeting-. The records of the Synod of Kentucky were approved, except the record of a meeting of Synod, which was convened pursuant to call of the modera- OF THE SYNOD. 191 toi without a specification of the object for which they were convened. — 1823, p. 74. 6. Moderator may not Change the Time of Meeting". a. Resolved, That the records of the Synod of North Carolina be ap- proved, with the exception of the postponement of the regular meeting of Synod by the moderator, which this Assembly consider irregular. — 1848, P : 36, O. S. b. Records of the Synod of Illinois approved, except in the case of the action of that body, as recorded on page 415, sustaining the act of the moderator of the Synod in changing the time of its annual meeting. — 1854, p. 500, K S. 7. A Superior Court may make the Change. A request from the Presbytery of Missouri that the Assembly will change the place of the next stated meeting of the Synod of Missouri. The Committee recommended that the request be granted, and that the next stated meeting of the Synod of Missouri be held at Boonville instead of Jefferson City, to which place it now stands adjourned, which was adopted.— 1842, p. 16, O. S. [On the same page is a similar action changing the stated meeting of the Synod of North* Carolina.] III. The same rule as to corresponding members, which was laid down with respect to the Presbytery, shall apply to the Synod. [See ante, chap, x., sec. xii., Form of Government.] IV. The Synod has power to receive and issue all appeals regu- larly brought up from the Presbyteries ; to decide on all references made to them ; to review the records of Presbyteries, and approve or censure them ; to redress whatever has been done by Presbyteries con- trary to order; to take effectual care that Presbyteries observe the constitution of the Church ; to erect new 7 Presbyteries, and unite or divide those which w T ere before erected ; generally to take such order with respect to the Presbyteries, sessions and people under their care, as may be in conformity with the word of God and the established rules, and which tend to promote the edification of the Church; and, finally, to propose to the General Assembly, for their adoption, such measures as may be of common advantage to the whole Church. 1. The Synod has Appellate, but not Original, Jurisdiction. a. The Assembly having maturely considered the appeal of Mr. Davis from the proceedings of the Synod of the Carolinas in his case, Resolved, That although they highly approve of the zeal of the Synod to preserve the purity and peace of the Church within their bounds, yet they cannot but decide that in their proceedings in the above case, in de- ciding that they had a right to try Mr. Davis, when there was no reference nor appeal in his case before them, they have not strictly adhered to the constitution of the Presbyterian Church. — 1810, p. 448. 192 FORM OF GOVERNMENT. b. This Decision Reaffirmed. The Committee appointed to report on the petition of the Presbytery of South Carolina relative to a reconsideration of- a decision of last Assem- bly reported, and recommended the reconsideration. Their report was rejected and the Committee discharged. Whereupon, Resolved, That though the General Assembly regret the dissatisfaction of the Presbytery of South Carolina in the case of Mr. Davis, yet they cannot see it to be expedient or proper to reconsider the judgment of the General Assembly of last year on the case in question. — 1811, p. 468. c. That the Synod (of Genesee) seem to have forgotten the nature and limits of their appellate, as distinguished from the original, jurisdiction in the case, in that they censure at their bar the appellant in a way compe- tent in any circumstances only to the session of the church to which the appellant was primarily amenable. — 1840, p. 11, N. S. 2. The Synod may not institute Judicial Process. The proceedings of the Synod of Cincinnati, in the institution and pros- ecution of judicial process against William Graham, are unconstitutional and irregular, and therefore null and void ; and the Synod is hereby en- joined to take constitutional action in the case, and to revise and cor- rect its proceedings accordingly. — 1846, p. 31, N. S. 3. A Synod Censured for Entertaining* an Appeal irregularly brought. The records of the Synod of Utica excepted to. 1 and 2. See under Discipline, chap, vii., sec. iii., sub. sec. v., 3 b. — 1840, p. 12, N. S. 4. The Synod may Reverse and Correct the Action of Presbytery, but must Observe the Rules of Discipline. The Assembly having heard the complaint of the Presbytery of Carlisle against the Synod of Philadelphia, in the case of William S. M'Dowell, with the facts and arguments offered both by the Presbytery and the Syn- od, judge that the Synod had a constitutional right to reverse the decis- ion of the Presbytery in this case, either in whole or in part, as to them might seem proper, but that in the exercise of this right the Synod have not duly regarded the principles of discipline prescribed in the constitu- tion ; inasmuch as it appears by their records that they have removed all censure from a man whom they declare to be deserving of rebuke, with- out directing that rebuke to be administered, and without receiving any evidence of his penitence. — 1823, p. 81. 5. The Synod has Jurisdiction over the Members of an Extinct Presbytery not received by any other Presbytery.— 1825, p. 147. See above, chap x., sec. viii., 17. 6. A Synod visits a Church to Ascertain the Acceptability of its Elders. Resolved, That the Assembly expresses no opinion upon the action of the Synod (of New Jersey) in appointing a committee to visit the Third Church, Newark, in order to ascertain if any member of the session were unaccept- able to the people.— 1862, p. 631, 6. S. OF THE SYNOD. 193 The next year the complaint of William B. Guild against the action of Synod was sustained pro forma. — 1863, p. 35, O. S. A Synod directs a Presbytery to dissolve the pastoral relation, and on complaint to the Assembly is sustained. See above, chap, x., sec. viii., etc., appeal of Jos. Connell vs. Synod of Pittsburg. — 1868, p. 648, O. S. V. The Synod shall convene at least once in each year; at the opening of which a sermon shall be delivered by the moderator, or, in case of his absence, by some other member ; and every particular session shall be opened and closed with prayer. 1. The above Rule construed Literally, and must be Obeyed. a. The records of the Synod of Pittsburg approved, except "that at the opening of the Synod no sermon was delivered, as the Constitution re- quires, but on the following evening." — 1827, p. 205. b. The records of the Synod of Albany approved, except that "the Synod was opened without a sermon, whereas the Form of Government, chap, xi., sec. v., requires that a sermon shall be preached." — 1843, p. 181, O. S. c. Records of Synod of Buffalo, except, 3d. That it appears by the record on page 75 that a meeting of the Synod was opened without a sermon, whereas the Form of Government, chap, xi., sec. v., requires that a sermon shall be preached. And again, on page 79, that at the opening of the Synod no sermon was delivered, as the Constitution requires, but on the following evening. —1856, p. 520. O. S. 2. The Records should State that the Meetings were Opened and Closed with Prayer. a. The records of the Synod of Pennsylvania approved, except that " there is no evidence from the records that the last meeting of the Synod was opened with prayer." — 1850, p. 314, N. S. ; 1859, p. 531, O. S. b. The records of the Synod of Tennessee were approved, with the fol- lowing exceptions : 1. On p. 34 it appears from the record that the Synod adjourned at the close of the day without prayer. 2. On p. 36 it is recorded that the Synod was constituted with prayer, it being the second day of the sessions of the Synod. — 1854, p. 500, N. S. c. The records of the Synod of Kentucky approved, except that "there is no record of prayer in p. 176." — 1854, p. 501, N. S. d. Records of Synod of Minnesota approved, except " that on p. 54, in the record of the session of Friday, Sept. 30, 1859, no mention is made of the opening services." — 1860, p. 239, N. S. e. The opening minute of each session of the Synod of Cincinnati is defective, in not recording the meeting of the Synod before its being opened with prayer. — 1849, p. 177, N. S. /. Records of Synod of Cincinnati approved, except " that on p. 5 the Synod adjourned without prayer." — 1865, p. 553, O. S. g. Synod of Geneva, except "that it does not appear from the record that they finally closed their sessions with prayer." — 1830, p. 288. h. It does not appear from the records that the Synod of North Caro- lina closed its final session with the usual exercises of singing, prayer and the apostolical benediction. — 1852, p. 216, O. S. 194 FOEM OF GOVEENMENT. i. The Committee on the Kecords of the Synod of Sandusky reported, That they had examined the same, and recommend their approval, with the following exception : On page 49, on motion to approve records of Presbytery of Michigan, the following exception was made by members of Synod : " With the ex- ception to so much of the record as excepts to the sessional records of the Westminster Church, Detroit, and the church in Pontiac, for the failure to close meetings with prayer. "While the Synod regards it as eminently proper to open and close the meetings of session with prayer, yet, as the matter is left by the Form of Government at the discretion of the session ; and as such meetings are sometimes held under circumstances which render the formal opening and closing with prayer inconvenient, the exercise of the discretion of the ses- sion is not properly a matter of censure by Presbytery." The exception was lost. It is the opinion of your Committee that Synod erred in declining to sus- tain this exception, it being in harmony with the Form of Government of our Church.— 1863, p. 48, 0. S. j. The Synod of Columbus, "except that on several occasions, if the sessions of this Synod were opened with prayer, there is no record of the fact."— 1872, p. 68. VI. It shall be the duty of the Synod to keep full and fair records of its proceedings, to submit them annually to the inspection of the General Assembly, and to report to the Assembly the number of its Presbyteries, and of the members and alterations of the Presbyteries. 1. The Records must be Full and Fair. — Reasons for Decisions must be Recorded. a. Synod of Pittsburg, except resolution on page 74, disapproving of the proceedings of a Presbytery, without assigning the reasons. — 1820, p. 728. b. Synod of Ohio, except a minute on page 243, disapproving of a de- cision of a Presbytery, and ordering said Presbytery to reconsider that de- cision, without any reasons being assigned. — 1827, p. 202. c. Absentees must be Recorded ; Judicial Cases must be Stated. The records of the Synod of Philadelphia were approved, with the fol- lowing exceptions, viz. : 1st. That there is no record of absentees from the meeting. 2d. That it appears, from page 282, that an appeal and complaint was issued in the usual form, without any intimation of what the sentence or proceeding was against which the complaint was made. 3d. That it appears, from page 273, that another complaint was issued, without any record of the proceeding complained of or the body whose pro- ceeding was the subject of complaint. — 1852, p. 216, O. S. d. Resolution must be Recorded ; Nature and Reasons for Decision. The records of the Synod of Ohio were approved, with the exceptions, 1st. That on page 77 it is stated that after discussion certain resolutions were adopted, as follows. None of these resolutions appear on record, and their character is not described. 2d. In a judicial case, on its issue, the final record, containing the sentence of the court, is defective, inasmuch OF THE SYNOD. 195 as its statement gives no clue to the merits or significance of the decision, or reasons for it. — 1861, p. 315, O. S. e. Overture Answered must be Described. The Committee on the records of the Synod of Pittsburg presented the following report, which was adopted : The Committee on the records of the Synod of Pittsburg report, recom- mending their approval, with exception of a minute, page 152 of the records, where an overture from the United Presbyterian Synod of Pitts- burg appears to have been answered without any description being given of it.— 1865, p. 541, O. S. /. Papers must be Preserved, Pages numbered. The Committee on the records of the Synod of Wisconsin presented the following report, which was adopted : The Committee on the records of the Synod of Wisconsin report, recom- mending their approval as far as written, with these exceptions : 1st. The pages are not numbered. 2d. There seems to have been a want of proper care in the preservation of papers, as the Committee on the Minutes of the General Assembly made a verbal report which was accepted, but the report is wanting. This thing the Synod itself condemns in the case of the Presbytery of Dane.— 1865, p. 541, O. S. g. Judicial Cases must be Described. Synod of Cincinnati. On pp. 6 and 13 a complaint was received, re- ferred and decided, without any statement in regard to the character of said complaint. — 1865, p. 553, O. S. h. Reasons must be Recorded. The Committee on the Synod of Onondaga reported, recommending that they be approved as far as written, with the following exception : On page 186 we find the Synod administering censure to the Presby- tery of Cayuga for an act of discipline toward one of its churches, on the ground that the reasons for such discipline were not given according to the requirements of our Book of Discipline ; yet on the next page we find said Synod reaffirming the acts of a church censured by its Presbytery, and reversing the decision of the Presbytery without giving the required reasons for such a singular proceeding. The report was adopted.— 1863, p. 277, N. S. i. The Synod (of Illinois) have not discharged their duty. They ought to have spread upon their record everything which influenced their judg- ment in the case.— 1840, p. 303, O. S. j. The Committee on the Records of the Synod of Cincinnati reported as follows : 1. That they have examined the records, and move they be approved as far as written, with the following exceptions, that on page 36 the min- ute is defective in that a complaint was received, referred and decided, without any statement with regard to the subject matter of said complaint. 2. This defect in the record disables this Assembly from deciding as to the validity of the recorded reasons given for the decision of the Synod in the case on page 37. 3. This defect in the minutes is the more to be excepted against, inas- much as ib records the implied censure of the complainant, while the As- 196 FORM OF GOVERNMENT. sembly is deprived of the opportunity to pass upon the case. — 1866, p. 50, O. S. See also Book of Discipline, chap, vii., sec. i., sub. sec. iii. 2. The Records Should be Fair. a. The records of the Synod of Northern Indiana were approved, with the exception of the mode of recording the minute of a joint session of the two Synods of Indiana and Northern Indiana, which, instead of being written, is cut from a newspaper and pasted in the book. — 1868, p. 640, 0. S. b. Sundry Omissions and Irregularities Censured. The records of the Synod of Wisconsin were approved, with the follow- ing exceptions, viz.: 1. The records are marked by several verbal omissions and the neglect of orthography and punctuation, and the absentees of 1852-1853 are not recorded. 2. During the sessions of 1852 there is no evidence that the Synod read, corrected or approved the records, though on page 16 it appears that the records of that year were read twelve months after in Synod, though still there is no evidence that they were approved by it. The minutes of 1858 do not appear to have been ever read or approved in Synod. And the records of 1854 were not read and approved till the meeting of 1855. 3. On page 23 it appears that the Synod, October 13, 1853, adjourned to meet at Neenah the second Thursday of October, 1854. A quorum having failed to meet at that time, the members present adjourned to a different time and place (Madison, October 26), and there is no evidence that any steps were taken to cause their moderator to notify all the minis- ters and church sessions of the new meeting. This is contrary to the spirit of the precedents approved by the Assembly (see minutes 1796, p. 113; Baird, p. 212), and transcends the liberty allowed for such cases by the third general rule for judicatories. 4. On pages 23, 27 and 32 are recorded adjournments without any evi- dence that the sessions were closed with prayer. 5. On pages 35, 36, the report of a Committee of Review on the Records of the Presbytery of Dane, containing an exception against the action of the Presbytery for appointing Rev. J. W. Sterling its lay commissioner to the General Assembly, is entered on the records of Synod without any record of its adoption by Synod ; and again it is stated that this report was amended by striking out the exception, and there is still no evidence of its adoption as amended. Also, on pages 39, 40, the report of a com- mittee touching the complaints of J. Y. Smith is made a part of the rec- ords of Synod, though, so far as these records show, it was only accepted and laid on the table. 6. The records of the Synod's action on the complaints of said J. Y. Smith against the Presbytery of Dane are not complete enough to fulfill the demands of the Book of Discipline, chap, iv., sec. xxiii., which says that the record ought to " exhibit everything which had an influence on the judgment of the court." No exception is proposed against the action of Synod touching those complaints, inasmuch as they have been brought before this Assembly through another channel (the Judicial Committee) and passed upon. — 1856, p. 520, O. S. 3. The Records must be Presented Annually. a. Ordered, That the minutes of the respective Synods be laid yearly before the General Assembly, to be by them revised. — 1789, p. 7. OF THE SYNOD. 197 b. Overture No. 6 was taken up, viz., a request of the Synod of Indiana, that the General Assembly be requested to dispense with synodical reports in future. Resolved, That this request cannot be granted because it is unconstitu- tional.— 1830, p. 302. c. Resolved, That the respective Synods make yearly reports to the Gen- eral Assembly of all the licensures, ordinations and installments, transla- tions and deaths, and whatever changes may take place among the mem- bers within their bounds. — 1789, p. 7. d. The Committee on Overture No. 7, viz., "a request from the Synod of Ohio to change the form of statistical reports from the Synods to the Gen- eral Assembly," made the following report, which was adopted, viz.: That inasmuch as the General Assembly has required all the Presbyteries to send up their statistical reports immediately after the last stated meet- ing prior to the next succeeding Assembly, and as these reports anticipate the information communicated in the synodical reports about a year; therefore, ♦ Resolved, That each Synod shall not be required to report in detail, but simply to report to the Assembly, the number of its Presbyteries, and of the members and alterations of the Presbyteries, agreeably to the sixth section of chapter eleventh on Form of Government. — 1832, p. 371. e. The Committee on the Records of the Synod of Wisconsin reported that they have been subjected to an increased amount of labor in examin- ing the minutes of this Synod in consequence of the failure of the stated clerk to send up the records annually to the Assembly, as our rules re- quire. The minutes of this body have not been brought under the in- spection of the Assembly since May, 1860, leaving an accumulation of four years of unexamined and unapproved records. There are indications that the stated clerk has been delinquent in punctually recording the annual minutes as taken by the temporary clerk. In this way the records were probably not in readiness to be sent to the Assembly at the proper time by the commissioners annually ap- pointed. With these exceptions, the Committee recommended that the records be approved as far as written, in the usual form. The report was adopted— 1864 p. 482, N. S. [See 1856, p. 519, O. S.] /. Records of the Synod of Wabash approved, except that they have not been presented to the Assembly since 1859. — 1861, p. 462, N. S. g. Records of Synod of Columbus, except that these records have not been presented to the Assembly since the reconstruction of the Synod in 1870.— 1872, p. 68. h. Resolved, That the stated clerk be directed to remind the Synod of Alta California of its neglect of duty in the failure for several years to send its records to the General Assembly for review. — 1868, p. 15, N. S. i. The Synods of Atlantic, China, Harrisburg, Illinois South, Indiana North, Kansas and Pacific were directed, at their next regular meeting, to call their stated clerks to account for not having sent up their records to this Assembly. — 1872, p. 68. 4. The Records must Show all Changes in the Presbyteries. "The records of the Synod of Albany approved as orderly and correct, 3xcepting that the Presbyterial reports are not so fully recorded ,'is to ex- hibit in detail even the changes which take place from time to time in the Presbyteries."— 1811, p. 479. 198 FORM OF GOVERNMENT. 5. The Record should State the Body to which a Corresponding Member belongs. a. The proceedings of the Synod of Albany approved, with the ex- ception of having invited several ministers to take their seats as corre- sponding members, without describing the ecclesiastical body to which such ministers belong. — 1815, p. 578. b The records of the Synod of Illinois approved, "except the Rev. Messrs. James H. Dickey, Dewey, Whitney and W. Comstock, ministers of the Church of Jesus Christ, being present, were invited to sit as corre- sponding members," the bodies to which the ministers respectively belong not being mentioned. — 1840, p. 296, O. S. c. The records of the Synod of Peoria were approved, with the ex- ception that on page 28 mention is made of a minister being invited to sit as a corresponding member without designating the ecclesiastical body to which he belonged.— 1846, p. 18, N. S. d. The records of the Synod of Illinois, p.*440, "do not state the eccle- siastical connection of the E-ev. Amasa Lord, who was invited to sit as a corresponding member." — 1857, p. 387, N. S. 6. The Minutes should be Read and Approved. a. The records of the Synod of Cincinnati approved, except " the omission at the opening of each session to read the minutes of the previ- ous session, with no evidence in the records that the minutes were ap- proved by Synod."— 1849, p. 177, N. S. b. Synod of Wabash, except " that on pp. 51 and 52 the Synod met and proceeded to business without reading the minutes of the previous day's session. On page 59 the Synod closed its annual sessions and adjourned without reading or approving the minutes of the clerk." — 1854, *p. 500, IT. S. c. The records of the Synod of Wisconsin, except that "during the sessions of 1852 there is no evidence that the Synod read, corrected or approved the records; though on p. 16 it appears that the records of that year were read twelve months after, in Synod, though still there is no evi- dence that they were approved by it. The minutes of 1853 do not appear to have been ever read or approved in Synod. And the records of 1854 were not read and approved till the meeting of 1855." — 1856, p. 520, O. S. d. The records of the Synod of Pennsylvania were approved, excepting "that it does not appear from the book that the records have ever been approved by the Synod."— 1857, p. 387, N. S. e. Synod of Arkansas, " the minutes were not read and approved." — 1860, p. 34, O. S. 7. The Minutes should be Attested by the Stated Clerk. a. The records of the Synod of Tennessee are not attested by the stated clerk.— 1854, p. 500, K S. b. The records of the Synod of Kentucky not approved by the Synod, and some not attested by the stated clerk. — 1854, p. 501, N. S. c. Synod of Wabash, ''not signed by the stated clerk, as our Church order requires."— 1862, p. 28, K S. 8. Absentees must be called to Answer. a. The Committee appointed to examine the records of the Synod of Vir- ginia reported, and the book was approved to page 83, with the exception OF THE SYNOD. 199 of a resolution found in page 82, in which the Synod determined to dis- continue the practice of calling upon their numbers for the reasons of their absence from its meetings. — 1825, p. 140. b. Synod of New York, except " that reasons for tardiness do not ap- pear to have been required of those who were not present at the opening of Synod."— 1873, p. 506. 9. Names of Absentees should be Recorded. The records of the Synod of Peoria were approved, except "that in the roll of the Synod record is made that no members of the Presbytery of Belvidere were present, but no record of the names of absentees." — 1850, p. 314, K S. a. The records of the Synod of Mississippi approved, except " that the absentees are not recorded in their meetings of 1854 and 1855." — 1856, p. 538, O. S. b. The records of the Synod of Philadelphia approved, except "that there is no record of absentees from the meeting." — 1852, p. 216, O. S. o. "The records of the Synod of Philadelphia were approved, with the exception that no record is made of the names of absentees, and no ex- cuse for absence required." — 1868, p. 640, O. S. 10. Synod may not Discipline Absentees. "The records of the Synod of the Carolinas were approved, with the exception of the resolution to make a minister liable to suspension, without trial, for three years' absence from Synod, without sending forward his reason for absence." — 1811, p. 468. 11. A Narrative of the State of Religion should be Prepared and Recorded. a. The records of the Synod of Illinois were, on the recommendation of the Committee, approved, with the following exception, viz. : At the sessions of Synod in October, 1846, it does not appear from the ''records that a narrative of the state of religion was prepared. Such an omission is considered contrary to the general usage of Svnods, and not for the edification of the Church.— 1849, p. 176, N. S. b. The records of the Synod of Illinois were approved, except "that they do not contain the narrative on the state of religion which was presented by the Committee on that subject at the sessions of the Svnod in 1854, p. 434."— 1857, p. 387, K S.; 1861, p. 462, N. S. ; 1862, p/28, K S. c. Resolved, That the Assembly earnestly recommend to the Presbyteries and Synod to record in their minutes the narrative of religion, and all other important papers. — 1870, p. 91. SYNODICAL KEPOKTS. A Statistical Report is to be forwarded to the Assembly by the stated clerk of every Synod, in which are to be stated the number of Presbyteries, ministers, churches, licentiates and candidates within their bounds, and how distributed, the changes which may have been made in the number or arrangement of their Presbyteries, the names of the stated clerks of the Presbyteries, the place and hour of the next annual meeting, and the name of the moderator and stated clerk of the Synod. Such a report is necessary in order to the correctness of the tabular report of the Synods printed in the appendix to the minutes. 200 FORM OF GOVERNMENT. CHAPTER XII. OF THE GENERAL ASSEMBLY* I. The General Assembly is the highest judicatory of the Presby- terian Church. It shall represent, in one body, all the particular churches of this denomination ; and shall bear the title of The Gen- eral Assembly of the Presbyterian Church in the United States of America. * The radical principles of Presbyterian church government and discipline are : That the several different congregations of believers, taken collectively, constitute one Church of Christ, called emphatically the Church ; that a larger part of the Church, or a representation of it, should govern a smaller, or determine matters of contro- versy which arise therein ; that, in like manner, a representation of the whole should govern and determine in regard to every part and to all the parts united — that is, that a majority shall govern, and consequently that appeals may be carried from lower to higher judicatories, till they be finally decided by the collected wisdom and united voice of the whole Church. For these principles and this procedure, the example of the apostles and the practice of the primitive Church are considered as authority. See Acts xv. to the 29th verse, and the proofs adduced under the last three chapters. 1. Formation of the General Assembly. a. The Synod, considering the number and extent of the churches under their care, and the inconvenience of the present mode of government by one Synod, Resolved, That this Synod will establish out of its own body three or more subordinate Synods, out of which shall be composed a General As- sembly, Synod or Council, agreeably to a system hereafter to be adopted. —1786, p. 517. b. Resolved unanimously, That this Synod be divided, and it is hereby divided, into four Synods, agreeably to an Act made and provided for that purpose in the sessions of Synod in the year one thousand seven hun- dred and eighty-six ; and that this division shall commence on the dis- solution of the present Synod. Resolved, That the first meeting of the General Assembly, to be consti- tuted out of the above said four Synods, be held, and it is hereby appoint- ed to be held, on the third Thursday of May, one thousand seven hun- dred and eighty-nine, in the Second Presbyterian Church in the city of Philadelphia, at eleven o'clock A. m. ; and that Dr. Witherspoon, or, in his absence, Dr. Rogers, open the General Assembly with a sermon, and pre- side till a moderator be chosen. — 1788, p. 548. 2. Organization of the Assembly. [Usage has fixed the third Thursday of May, at 11 A. m., as the time for the annual meeting of the Assembly. The last moderator present preaches the sermon, and then opens the session with prayer, and presides during the organization of the Assembly. The Committee on Commissions report; irregular commissions are referred to a special Committee, who re- port, and the roll is completed. A moderator and temporary clerks are chosen, and the Assembly is ready for business.] OF THE GENERAL ASSEMBLY. 201 "Last Moderator present" Not necessarily in Commission. Pittsburg, May 21, 1835. The General Assembly of the Presbyterian Church met in the First Presbyterian Church in this city, and the Rev. Dr. Lindsley, the moder- ator of the last Assembly, being absent, was opened with a sermon by the Rev. Samuel Miller, D. D., at the request of the Rev. Dr. William A. McDowell, the last moderator present, with a sermon on 2 Corinthians iv. 7 : " But we have this treasure in earthen vessels, that the excellency of the power may be of God and not of us." After the sermon the 3tated clerk called the house to order and informed them, that the Rev. Dr. Lindsley, the moderator of the last Assembly, being absent, the duties of the chair devolved upon the last moderator who is present, and has a commission to sit in this Assembly, and therefore he moved that the Rev. Nathan S. S. Bern an, D. D., be called to the chair. This motion pre- vailed, and Dr. Beman took the chair, and constituted the Assembly with prayer.— 1835, p. 461. Thursday afternoon, 3 o'clock. The Assembly met. A motion was made to reconsider the vote by which Dr. Beman was called to the chair, on the ground that many persons voted in the appre- hension that Dr. Wm.'A. McDowell, the moderator immediately preceding Dr. Lindsley, was not in the house, and that many others believed the rule of the house required the constituting moderator to be in commission, which Dr. McDowell was not. This motion, after considerable discussion, was adopted unanimously. After some further remarks, it was agreed that the original motion of the stated clerk should be again submitted to the house, and the vote be taken by him. Whereupon Dr. Ely put the question : "All who are in favor of sustaining the resolution passed in the morning, by which Dr. Beman was called to the chair, will signify it by saying Aye." This motion was lost. It was then moved that the Rev. Wm. A. McDowell, D. D., being the last moderator present, be requested to take the chair. This motion pre- vailed, and Dr. McDowell took the chair accordingly. — 1835, p. 466. Who shall open the Assembly, the Moderator being absent f — A Commissioner. Whereas, there exists a difference of opinion as to the proper person to open the sessions of the General Assembly, in case the moderator of the Assembly immediately preceding be not present; therefore, Resolved, That it is the deliberate judgment of this General Assem- bly, that by the Constitution of our Church no person is authorized to open the sessions of the General Assembly, or to preside at the opening of said sessions, except the moderator of the Assembly immediately pre- ceding, or, in case of his absence, a commissioner to the Assembly, selected for the purpose by the other commissioners, met at the time and place fixed for said meeting. — 1843, p. 194, O. S. The Rule as Adopted in 1871. If a quorum be assembled at the hour appointed, and the moderator be absent, the last moderator present, or, if there be none, the senior mem- ber present, shall be requested to take his place without delav until a new election. (Rule ii.)— 1871, p. 491. 26 202 FORM OF GOVERNMENT. 3. Rules of Organization.— Committee on Commissions. Resolved, That the permanent and stated clerks be and they hereby are appointed a standing Committee of Commissions ; and that the commission- ers to future Assemblies hand their Commissions to said committee, in the room in which the Assembly shall hold its sessions, on the morning of the day on which the Assembly opens, previous to 11 o'clock; and further, that all commissions which may be presented during the sessions of the Assembly, instead of being read in the house, shall be examined by said Committee, and reported to the Assembly. — 1829, p. 269. I. That the Committee of Commissions shall, in the afternoon, report the names of all whose commissions shall appear to be regular and constitu- tional, and the persons whose names shall thus be reported shall immedi- ately take their seats and proceed to business. a. II. The first act of the Assembly, when thus ready for business, shall be the appointment of a Committee of Elections, whose duty it shall be to examine all informal and unconstitutional commissions, and report on the same as soon as practicable. — 1826, p. 191. STANDING ORDER. The credentials of commissioners and delegates are to be presented at a previous hour of the same day, or of the preceding day, according to public notice, to the stated and permanent clerks, acting as a standing Committee on Commissions. b. The Committee on Commissions reported that several persons had appeared as commissioners whose commissions were either entirely wanting or defective. Whereupon a Committee on Elections, consisting of the Rev. George C Heckman, D. D., the Rev. Samuel M. Morton and Mr. David Robinson, was appointed, to whom these cases were referred. — 1870, p. 3. [Subsequently] on recommendation of the Committee on Commissions apd the Committee on Elections, the following persons were recognized as duly appointed commissioners of this General Assembly, and their names entered on the roll of the Assembly. — 1870, p. 4. c. The Rev. Daniel W. Poor, D. D., and Rev. David X. Junkin, D. D., ministers, and Hon. James Pollock and Benjamin F. Butler, elders, were appointed a Committee on Elections, who presently reported, recommend- ing the enrollment of a number of ministers and elders, present without commissions, or with informal commissions, but with evidence satisfactory of appointment by their respective Presbyteries; and their report was adopted.— 1871, p. 490. [For usages as to defective commissions, see under Form of Govern- ment, chap, xxii., sec. ii.] 4. Of the Mode of Choosing the Moderator of the Assembly. On motion agreed that it be the standing rule of the General Assem- bly, in choosing a moderator, that any commissioner may nominate a candidate for the chair. The candidates so pointed out shall then sever- ally give their votes for some one of their number, and withdraw ; when the remaining commissioners shall proceed, viva voce, to choose by a plu- rality of votes one of said candidates for moderator. — 1791, p. 39. In the Assembly of 1846, O. S., it was Resolved, That a majority of all the votes given for moderator be necessary for a choice. — p. 189. OF THE GEXEEAL ASSEMBLY. 203 A like resolution was passed bv nearly every Assembly from 1851 to 5. Of the Manner of Installing- the Moderator. The Committee appointed to examine the rules of the house, and to add to them, if they should judge it necessary, a rule directing the method in which a moderator, after his election, shall be introduced to his office, made their report, which was agreed to, and is as follows: Your Committee report that when a new moderator hath been elected, before he take the chair, the former moderator shall address him and the bouse, in the following or like manner, viz. : Sir : It is my duty to inform you. and announce to this house, that you are duly elected to the office of moderator in this General Assembly. For your direction in office, and for the direction of this Assembly in all your deliberations, before I leave this seat, I am to read to you and this house rales contained in the records of this Assembly, which I doubt not will be carefully observed by both, in conducting the business that may c wne before you. [Here the moderator is to read the rules,* and afterward add :] Now, having read these rules, according to order, for your instruction as moderator, and for the direction of all the members in the management _;-ine?s. praying that almighty God may direct and bless all the de- liberations ol this Assembly tor the glory of his name, and for the editica- and comfort of the Presbyterian Church in the United States, I resign my place and office as Moderator. — 1791, p. 34 ; 1822, pp. 43, 14. Rules Relating- to the Moderator. 1. The moderator shall take the chair precisely at the hour to which the judicatory stands adjourned, shall immediately call the members to order, and on the appearance of a quorum shall open the session with prayer. 4. It shall be the duty of the moderator, at all times, to preserve order, and to endeavor to conduct all business before the judicatory to a speedy and proper result. •5. It shall be the duty of the moderator carefully to keep notes of the several articles ol business which may be assigned to particular days, and to call them up at the time appointed. 6. The moderator may speak to points of order, in preference to other members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the judicatory by any two members. 7. The moderator shall appoint all committees, except in those cases in which the judicatory shall decide otherwise. 8. When a vote is taken by ballot in any judicatory, the moderator shall vote with the other members ; but he shall not vote in any other case, un- less the judicatory be equally divided : when, if he does not choose to vote, the question shall be lost. 6. Communications addressed to the Moderator. Resolved, That every letter or communication addressed to the modera- tor be opened and read by him. and at his discretion be either communi- cated immediately to the Assembly for their decision, or to the Committee of Overtures, to be bv them brought before the house in the ordinary chan- nel.— 1794. p. 79. * Instead of reading the rules, it has become usage to put the book containing them formally in the hands ot the new moderator, and to make the necessary change in the formula above. See page "205 for the rules in full. For convenience such as BIB the moderator in the discharge of his duty arc given here. 204 FORM OF GOVERNMENT. 7. The Moderator may not have a double Vote. On the question being taken, the moderator claimed a right to a vote as a commissioner from the Presbytery of Albany, distinct from the casting vote. He left it to the house to decide on the claim. The house, having taken a vote on the subject, decided by a great majority against the mod- erator's claim. — 1798, p. 140. 8. The Moderator, when a Member of a Court appealed from or a Party in the Case, -will not Preside. a. The moderator, being a member of the Synod of Philadelphia (ap- pealed from), withdrew, and Dr. M'Knight took the chair. — 1792, p. 56. b. Appeal of Pope Bushnell. The moderator, being a member of the Synod appealed from, Mr. Jennings, the last moderator present, took the chair.— 1826, p. 184. c. Judicial Case No. 1 was taken up. The moderator, being a party in the case, vacated the chair, and on motion, Dr. Krebs was requested to act as moderator during the trial of the case. — 1866, p. 48, O. S. 9. Rules of Order for the General Assembly. The General Rules for Judicatories, as adopted by the Assembly, have appended the following note as denning their authority, viz. : The following rules, not having been submitted to the Presbyteries, make no part of the constitution of the Presbyterian Church. Yet the General Assembly of 1821, considering uniformity in proceedings in all the subordinate judicatories as greatly conducive to order and despatch of business, and having revised and approved these rules, recommend them to the Synods, Presbyteries and sessions as a system of regulations which, if they think proper, may be advantageously adopted by them. The rules, as modified and adopted by the Assembly for its guidance in 1822, pp. 42-45, may be found in full in New Digest, pp. 168-171. Some alteration was made chiefly with regard to the previous question — e. g., 1835, p. 473, 1851, p. 27, N. S. The rules as in use in the K S. Assembly may be found in New Digest, pp. 602-605, the O. S. in Baird's Digest, 866-870. On the reunion the Assembly resolved to adopt the general rules for ju- dicatories contained in the appendix to the constitution as the rules of this Assembly, except that the 13th, 14th, 17th and 18th rules shall be as follows, viz. : 13. Motions to lay on the table, to take up business, to adjourn, and the call for the previous question, shall be put without debate. On questions of order, postponement, or commitment no member shall speak more than once. On all other questions, each member may speak twice, but not oftener, without express leave of the Judicatory. 14. When a question is under debate, no motion shall be received un- less to adjourn, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit or to amend; which several motions shall have precedence in the order in which they are herein arranged, and the motion for adjournment shall always be in order. 17. The previous question shall be put in this form, namely, Shall the main question be now put? It shall only be admitted when demanded by a majority of the members present ; and the effect shall be to put an end to all debate and bring the body to a direct vote: First, on a motion to commit the subject under consideration (if such motion shall have been made) ; secondly, if the OF THE GENERAL ASSEMBLY. 205 motion for commitment does not prevail, on pending amendments ; and lastly, upon the main question. The eighteenth rule to be omitted, as superseded and unnecessary. — 1870, p. 12. A Committee — Eev. George W. Musgrave, D. D., Kev. Z. M. Hum phrey, D. D., Rev. J C. Watson, D. D., Hon. Win. Strong, LL.D., and Hon. J. Ross Snowden — was appointed to revise the rules for judicatories, and report to the next General Assembly. — 1870, p. 13. The Committee appointed by the last General Assembly to consider and report general rules for judicatories presented a report, with general rules, as follows : The Committee appointed by the last General Assembly to revise the general rules for judicatories respectfully present the following report: The Committee found, on a comparison of the rules in use in the two former branches of the Church, that they were, with very few exceptions, identical, and that very few changes were necessary. The Committee propose only four changes, each of which is indicated in the margin of the report. The proposed changes relate to the presentation of minutes, mo- tions to amend, to lay on the table, and the previous question ; and are numbered respectively 12, 20, 21 and 22. For the sake of a more convenient reference, the rules have been re- arranged, so as to bring those relating to the same or kindred subjects more nearly together. We are happy to add that the Committee are unanimous in recom- mending to the Assembly the adoption of the subjoined rules, and would respectfully suggest that, if adopted, the Board of Publication should be directed to publish them as thus arranged and modified. GENERAL RULES FOR JUDICATORIES. I. The moderator shall take the chair precisely at the hour to which the judicatory stands adjourned, and shall immediately call the members to order, and on the appearance of a quorum shall open the session with prayer. II. If a quorum be assembled at the hour appointed, and the moder- ator be absent, the last moderator present, or, if there be none, the senior member present, shall be requested to take his place without delay, until a new election. III. If a quorum be not assembled at the hour appointed, any two members shall be competent to adjourn from time to time, that an oppor- tunity may be given for a quorum to assemble. IV. It shall be the duty of the moderator, at all times, to preserve or- der, and to endeavor to conduct all business before the judicatory to a speedy and proper result. V. It shall be the duty of the moderator carefully to keep notes of the several articles of business which may be assigned for particular days, and to call them up at the time appointed. VI. The moderator may speak to points of order, in preference to other members, rising from his seat for that purpose, and shall decide questions of order subject to au appeal to the judicatory by any two members. VII. The moderator shall appoint all Committees, except in those cases in which the judicatory shall decide otherwise. VIII. When a vote is taken by ballot in any judicatory, the moderator shall vote with the other members; but he shall not vote in any other case, unless the judicatory be equally divided ; when, if he do not choose to vote, the question shall be lost. 206 FOKM OF GOVEBNMENT. IX. The person first named on any Committee shall be considered as the chairman thereof, whose duty it shall be to convene the Committee ; and, in case of his absence or inability to act, the second named membei shall take his place and perform his duties. X. It shall be the duty of the clerk, as soon as possible after the com- mencement of the sessions of every judicatory, to form a complete roll of the members present, and put the same into the hands of the moderator. And it shall also be the duty of the clerk, whenever any additional mem- bers take their seats, to add their names, in their proper places, to the said roll. XI. It shall be the duty of the clerk immediately to file all papers, in the order in which they have been read, with proper endorsements, and to keep them in perfect order. XII. The minutes of the last meeting of the judicatory shall be pre- sented at the commencement of its sessions, and, if requisite, read and corrected. XIII. Business left unfinished at the last sitting is ordinarily to be taken up first. XIV. A motion made must be seconded, and afterward repeated by the moderator, or read aloud, before it is debated; and every motion shall be reduced to writing, if the moderator or any member require it. XV. Any member who shall have made a motion shall have liberty to withdraw it, with the consent of his second, before any debate has taken place thereon ; but not afterward, without the leave of the judicatory. XVI. If a motion under debate contain several parts, any two mem- bers may have it divided, and a question taken on each part. XVII. When various motions are made with respect to the filling of blanks with particular numbers or times, the question shall always be first taken on the highest number and the longest time. XVIII. Motions to lay on the table, to take up business, to adjourn, and the call for the previous question, shall be put without debate. On questions of order, postponement or commitment, no member shall speak more than once. On all other questions, each member may speak twice, but not oftener, without express leave of the judicatory. XIX. When a question is under debate, no motion shall be received, unless to adjourn, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit or to amend, which several motions shall have precedence in the order in which they are herein arranged ; and the motion for adjournment shall be always in order. XX. An amendment, and also an amendment to an amendment, may be moved on any motion, but a motion to amend an amendment to an amend- ment, shall not be in order. Action on amendments shall precede action on the original motion. XXI. A distinction shall be observed between a motion to lay on the table for the present, and a motion to lay on the table unconditionally, viz. : A motion to lay on the table for the present shall be taken with- out debate; and if carried in the affirmative, the effect shall be to place the subject on the docket, and it may be taken up and considered at any subsequent time. But a motion to lay on the table, unconditionally, shall be taken without debate ; and if carried in the affirmative, it shall not be in order to take up the subject during the same meeting of the judicatory, without a vote of reconsideration. XXII. The previous question shall be put in this form, namely, Shall the main question be now put? It shall only be admitted when demand- ed by a majority of the members present; and the effect shall be to put OF THE GENEEAL ASSEMBLY. 207 an end to all debate, and bring the body to a direct vote : First, on a motion to commit the subject under consideration (if such motion shall have been made) ; Secondly, if the motion for commitment does not pre- vail, on pending amendments ; and lastly, on the main question. XXIII. A question shall not be again called up or reconsidered at the same sessions of the judicatory at which it has been decided, unless by the consent of two thirds of the members who were present at the decision, and unless the motion to reconsider be made and seconded by persons who voted with the majority. XXIV. A subject which has been indefinitely postponed, either by the operation of the previous question or by a motion for indefinite postpone- ment, shall not be again called up during the same sessions of the judica- tory, unless by the consent of three fourths of the members who were present at the decision. XXV. Members ought not, without weighty reasons, to decline voting, as this practice might leave the decision of very interesting questions to a small proportion of the judicatory. Silent members, unless excused from voting, must be considered as acquiescing with the majority. XXVI. When the moderator has commenced taking the vote, no further debate or remark shall be admitted, unless there has evidently been a mistake, in which case the mistake shall be rectified, and the moderator shall recommence taking the vote. XXVII. The yeas and nays on any question shall not be recorded, unless required by one third of the members present. XXVIII. No member, in the course of debate, shall be allowed to in- dulge in personal reflections. XXIX. If more than one member rise to speak at the same time, the member who is most distant from the moderator's chair shall speak first. XXX. When more than three members of the judicatory shall be standing at the same time, the moderator shall require all to take their seats, the person only excepted who may be speaking. XXXI. Every member, when speaking, shall address himself to the moderator, and shall treat his fellow-members, and especially the moder- ator, with decorum and respect. XXXII. No speaker shall be interrupted, unless he be out of order, or for the purpose of correcting mistakes or misrepresentations. XXXIII. Without express permission, no member of a judicatory, while business is going on, shall engage in private conversation, nor shall members address one another, nor any person present, but through the moderator. XXXIV. It is indispensable that members of ecclesiastical judicatories maintain great gravity and dignity while judicially convened; that they attend closely in their speeches to the subject under consideration, and avoid prolix and desultory harangues; and when they deviate from the subject, it is the privilege of any member, and the duty of the moderator, to call them to order. XXXV. If any member act, in any respect, in a disorderly manner, it shall be the privilege of any member, and the duty of the moderator, to call him to order. XXXVI. If any member consider himself aggrieved by a decision of the moderator, it shall be his privilege to appeal to the judicatory, and the question on the appeal shall be taken without debate. XXXVII. No member shall retire from any judicatory without the leave of the moderator, nor withdraw from it to return home without the consent of the judicatory. 208 FORM OF GOVERNMENT. XXXVIII. All judicatories have a right to sit in private on business which in their judgment ought not to be matter of public speculation. XXXIX. Besides the right to sit judicially in private whenever they think proper to do so, all judicatories have a right to hold what are com- monly called " interlocutory meetings," in which members may freely con- verse together, without the formalities which are usually necessary in ju- dicial proceedings. XL. Whenever a judicatory is about to sit in a judicial capacity, it shall be the duty of the moderator solemnly to announce from the chair that the body is about to pass to the consideration of the business assigned for trial, and to enjoin on the members to recollect and regard their high character as judges of a court of Jesus Christ, and the solemn duty in which they are about to act. XLI. In all cases before a judicatory, where there is an accuser or prosecutor, it is expedient that there be a Committee of the judicatory appointed (provided the number of members be sufficient to admit it with- out inconvenience), who shall be called the "Judicial Committee," and whose duty it shall be to digest and arrange all the papers, and to pre- scribe, under the direction of the judicatory, the whole order of proceed- ings. The members of this Committee shall be entitled, notwithstanding their performance of this duty, to sit and vote in the cause, as members of the judicatory. XLII. But in case of process on the ground of general rumor, where there is, of course, no particular accuser, there may be a Committee appointed (if convenient), who shall be called the " Committee of Prose- cution," and who shall conduct the whole course on the part of the prose- cution. The members of this Committee shall not be permitted to sit in judgment in the case. XLIII. The moderator of every judicatory above the church session, in finally closing its sessions, in addition to prayer, may cause to be sung an appropriate psalm or hymn, and shall pronounce the apostolical benedic- tion. The report was accepted, and the rules unanimously adopted, for the use of the General Assembly. They were also recommended to all the lower judicatories of the Church for adoption ; and in accordance with the sug- gestion of the report, the Board of Publication was ordered to publish the rules, as thus arranged and modified, in the appendix to the constitu- tion.— 1871, pp. 491-495. X. OFFICEES OF THE ASSEMBLY. 1. The Stated Clerk. Appointment a. Ordered, that Dr. Duffield be appointed stated clerk of the Assem- bly, procure a proper book into which to transcribe their minutes, and lay the expense of the book and of transcribing the minutes before the Gen- eral Assembly at their next meeting. — 1789, p. 13. Duties of the Stated Clerk. b. The stated clerk shall transcribe for the press such parts as may be necessary of the minutes ordered to be published from year to year. He shall correct the press, and superintend the printing of all the minutes and papers which shall be ordered to be printed by the General Assembly. As soon as the extracts are printed from year to year, he shall send one OF THE GENERAL ASSEMBLY. 209 copy by mail to each Presbytery, and apportion and send the rest by private conveyance to the Presbyteries and other bodies, as shall be pre- scribed by the Assembly, only reserving a sufficient number of copies for binding. He shall have the charge of all the books and papers of the General Assembly, shall cause their minutes to be fairly transcribed into the book or books provided for the purpose, and give attested copies of all minutes and other documents, when properly required so to do. — 1807, p. 377. To Notify Presbyteries whose Commissioners have left without Leave. c. Whereas, it has frequently happened that members of this Assem- bly, neglecting their duty and inattentive to the rules of decorum, have abruptly left the Assembly and returned home without leave of absence, Resolved, That in all similar cases which shall occur in future, it shall be the duty of the clerk of this House to give notice thereof to the Pres- byteries to which such delinquent members may belong ; and that it be recommended to the said Presbyteries, in their settlements with such de- linquents, not to allow them any compensation for services as members of the Assembly.— 1801, p. 233. Resolved, That it be the duty of the stated clerk hereafter to report to the several Presbyteries the names of the commissioners who, at the calling of the roll at the close of the Assembly, may appear to have left the Assembly without -permission. — 1820, p. 723. Resolved, That as the names of persons who have left the Assembly without leave are to be published in the printed journals, therefore the stated clerk is liberated from the duty, enjoined by a standing rule, of writing to the Presbyteries on the subject. — 1824, p. 125. a. Salary of the Stated Clerk. Fixed by the Assembly at $400 per annum. — 1870, p. 127. Stated Clerk to act as Treasurer of the Assembly. The Committee on Finance also recommend that the stated clerk have added to his duties that of treasurer of the General Assembly, and that his salary be increased one hundred dollars. — 1871, p. 512. The duties of the stated clerk as treasurer of the General Assembly may be seen from the following : ACCOUNT CURRENT OF THE TREASURER OF THE GEXERAL ASSEMBLY OF THE PRESBYTERIAN CHURCH, U. S. A. Dr. To balance from old Account, .... " Receipts of Mileage Committee of 1871, " Miscellaneous Receipts for Minutes, etc., . 1871. Cr. May. By payments to Commissioners, Traveling Expenses, " " to the Clerks of the Assembly: Stated Clerk : Salary, Traveling Expenses, . " " Permanent Clerk: Salary, Traveling Expenses, . to the Janitor, Mr. Dyson, • $62 27 21,393 06 530 SO S 24. 986 13 • • • 516,447 37 . $500 00 45 00 . 300 00 43 75 100 00 27 210 FOEM OF GOVERNMENT. By payments for printing : Sept ; S. W. Green, Arrears of 1870, Minutes of 1871, Lakeside Co., Rolls of 1871, " " " the mailing of the Minutes of 1871, " " " Stationery : W. G. Holmes, .... Lambert & Benedict, W. C. Martin, .... Sept, " " of Expenses, Com. on Sustentation, " Manses, " " " Traveling Expenses of Committees: Rev. R. W. Patterson, D. D., " A. Beed, D.D., . " H. Darling, D. D., . " S. J. Niccolls, D.D., . " G. C. Heckman, D.D., " H. Johnson, D. D., " J. T. Backus, D. D., . w " Traveling Expenses of Delegates: Rev. D. Tullv, " B. W. Chidlaw, " " Telegram and Express charges, . . " " Miscellaneous Postage, and Stationery, Balance to new Account, $525 90 . 3541 7P 118 54 $4,186 20 486 15 $8 80 30 65 4 60 $43 95 $696 87 158 80 $57 00 30 00 24 00 30 00 56 00 15 00 60 00 $272 00 . $25 00 24 00 $49 00 12 50 34 25 1,610 29 E.E., New York City, May 10, ±872. $24,986 13 EDWIN F. HATFIELD, Treasurer. —1872, p. 174. 2. Permanent Clerk. Appointment and Duties. a. Whereas, the business of former Assemblies has been impeded by the want of a recording clerk possessing that facility in the business which is acquired by experience; and whereas, it is not to be expected that any one person should perform this service permanently without receiving an ade- quate compensation for his labor ; and whereas, this Assembly are per- suaded that future Assemblies will see the reasonableness of the measure now contemplated, and co-operate on their part in giving it effect; Resolved, That a permanent recording clerk be chosen, whose duty it shall be from year to year to draught the minutes of the Assembly during their sessions, and afterward to perform such services respecting the tran- scribing, printing and distributing the extracts as shall be assigned to him from time to time, and that he be paid out of the funds of the Assembly three dollars per day for the time he shall be employed, as well during the sessions of the Assembly as after their dissolution. — 1802, p. 235. b. Resolved, That hereafter the permanent clerk shall receive for his services two dollars per day during the sessions of the Assembly, and one dollar and fifty cents per day while necessarily attending upon the busi- ness of the Assembly after their adjournment. — 1806, p. 372. c. The permanent clerk shall furnish all the stationery for the use of the Assembly and the several clerks. He shall make the original draught of all the minutes, and give certified copies, as occasion may require, of all such as may be proper to be transmitted to the trustees of the General Assembly or any of their officers. After the Assembly rises from year to OF THE GENERAL ASSEMBLY. 211 year he shall carefully revise the manuscript, render it correct and legible, and deliver it over to the stated clerk. He shall receive a reasonable compensation for the stationery supplied by him, and the pay (per diem) fixed by the last Assembly — that is, two dollars per day during the ses- sions of the Assembly, and one dollar and fifty cents per day while neces- sarily attending upon the business of the Assembly after adjournment. — 1806, p. 372; 1807, p. 377. Printing the Roll. d. Resolved, That it be a standing rule of this body that the permanent clerk annually cause to be printed a number of copies of the roll, not ex- ceeding five hundred, for the use of the members, as soon as practicable after the appointment of the standing committees. — 1840, p. 283, O. S. e. Salary of the Permanent Clerk. That the salary of the permanent clerk be fixed at the rate of three hundred dollars per annum. — 1870, p. 127. 3. The Temporary Clerk. a. Resolved also, That a temporary clerk be chosen by each Assembly as heretofore to read the minutes and communications to the Assembly, and otherwise aid the permanent clerk as occasion may require, and that he be paid one dollar per day for his services. — 1802, p. 235. b. The temporary clerk shall hereafter receive no pecuniary compensa- tion for his services. — 1806, p. 372. [From 1856 onward, in the New School Assembly, two temporary clerks were chosen. In the reunited Assembly three have been chosen. — 1870, pp. 12, 13; 1871, p. 490. Of those in the Assembly of 1870 two were ruling elders.] e. Choice of Clerics not Confined to Members of the Assembly, Resolved, That it be considered as the right of every member of the Assembly to vote for a clerk who is not a member of the body. — 1793, p. 64. d. The moderator and clerk are ministerial officers of the judicatory. In respect to their offices they are servants merely, and not members, of the body. Of the clerk this would seem to be unquestionably true. The constitu- tion knows nothing of the temporary clerk as distinguished from the stated clerk. As far as any provision of the "Book" is involved, it is plain that a judicatory may select any convenient person, though not a member, to record its transactions, and discharge all other duties pertain- ing to a clerk. For the part of those duties usually devolved upon a tern? porary clerk, we believe it is no infrequent thing for a Presbytery to em- ploy a licentiate or other person not a member of the body. — 1861, p. 457, N. S. [See chap, xii., sec. vii., above.] II. The General Assembly shall consist of an equal delegation of bishops and elders from each Presbytery in the following proportion, viz. : each Presbytery consisting of not more than twenty-four minis- ters, shall send one minister and one elder; and each Presbytery con- sisting of more than twenty-four ministers, shall send two ministers 212 FORM OF GOVERNMENT. and two elders ; and in the like proportion for every twenty-foui ministers in each Presbytery ; and these delegates so appointed shall be styled Commissioners to the General Assembly. 1. The Ratio of Delegation. That every Presbytery shall, at their last stated meeting preceding the meeting of the General Assembly, depute to the General Assembly com- missioners in the following proportion : each Presbytery consisting of not more than six ministers shall send one minister and one elder; each Pres- bytery consisting of more than six ministers and not more than twelve shall send two ministers and two elders, and so in the same proportion for every six ministers. — 1786, p. 524. [In 1819, p. 700, the ratio was altered by substituting the word nine for the word six, and the word eighteen in place of the word twelve. In 1826, p. 168, the ratio was increased from nine to twelve and from eighteen to twenty-four. In 1833, p. 401, the present ratio was adopted.] 2. "Where a Presbytery sends more than its Proper Representa- tion, the Last Elected are Refused. The right of two persons to a seat in the Assembly from the Presbytery of Portage was questioned, whereupon their case was referred to the Com- mittee of Elections. After considering the subject, the Committee re- ported that the names of the minister and elder last appointed should be erased, because the Presbytery is entitled to no more than two commis- sioners. This report was adopted. — 1835, p. 466. 3. Only such Commissioners should be Appointed as design to Remain throughout the Sessions. It is in the opinion of this General Assembly highly important that commissioners should not be appointed, unless it shall satisfactorily ap- pear to the several Presbyteries that they design to remain throughout the sessions.— 1827, p. 207. [See also chap. xxii. of Commissioners to the General Assembly.] 4. Corresponding Members. — Ministers Casually Present not Invited. Upon motion, it was agreed that whereas this Assembly, copying the example of their predecessors, have admitted several ministers who are not commissioners to join in their deliberations and conclusions, but not to vote on any question, and although this Assembly has been much in- debted to the wise counsels and friendly assistance of these corresponding ministers, nevertheless, on mature deliberation, it wa Resolved, As the opinion of this house, 1. That no delegated body has a right to transfer its powers, or any part thereof, unless express provision is in its constitution. 2. That this Assembly is a delegated body, and no such provision is in its constitution. 3. Although such admission has hitherto produced no bad consequences, it may, nevertheless, at some future day be applied to party purposes, and cause embarrassment and delay ; wherefore, Resolved 4, Lastly, that the practice of this Assembly in this case ought not to be used as a precedent in future. — 1791, p. 42. OF THE GENERAL ASSEMBLY. '213 5. Delegates from Corresponding- Bodies. [At first these were not allowed to vote, but in 1794 the Assembly asked, and the General Association of Connecticut acceded to the request, that the delegates from these bodies respectively shall have a right not only to sit and deliberate, but also to vote, on all questions which may be deter- mined by either of them.— 1794, p. 80 ; 1795, p. 96. [The Assembly afterward (1827) asked that the right of voting be given up, and since 1830 corresponding members have the right only to sit and deliberate, but not to vote.] 6. The Secretary of any of the Permanent Committees, the Stated and Temporary Clerks, have the Privileges of Corresponding Members. a. Resolved, That it be a standing rule of the Assembly that the secre- tary of any of the permanent Committees shall be entitled to the same privilege as the delegates from corresponding bodies, while the business entrusted to that Committee is under consideration in the house. The Assembly voted that the same privilege be extended to the stated and permanent clerks in reference to matters pertaining to their official duties.— 1858, p. 581, N. S. b. Resolved, That all the secretaries of the Boards of the Church have the privilege of corresponding members of the General Assembly, in dis- cussions bearing upon the interests of the Boards which they severally represent. — 1870, p. 85. t- Committees of the Assembly.— Those appointed at each Annual Meeting are called Standing Committees, and are as follows, viz . I. The Committee of Bills and Overtures. Its Appointment. a. A '. ornnut+ee, consisting of Mr. Henry, Mr. Anderson and Mr. Wade, appoint *. prepare and bring in overtures to the Presbytery, and also take co rt .'l/a.ne-- of whatever may be laid before them, to prepare it for the Presbytery- -1710, p. 17. b. The General Assembly, at every meeting, shall appoint a Committee of Bills and Overtures, to r»repare and digest business for the Assembly. Any person thinking himself aggrieved by this Committee may complain to the Assemblv —1789 p. 8. - Powers and Duties of this Committee. To the question concerning the business and powers of the Committee of Overtures, proposed last year, thp Synod answer, that Committee is in- tended to introduce business into the Synod in an orderly manner, that they may give advice concerning either the matter or manner of overtures brought to them, but have not power to suppress anything that comes regularly before them from inferior judicatures according to our known rules, or such overtures and petitions as inferior judicatures or particular persons desire to have laid before this Synod. — 1769, p. 393. Petitions, questions relating either to doctrine or order, and usually all new propositions tending to general laws, should be laid before the Com- mittee of Bills and Overtures before they be offered to the Assemblv. — 1822, p. 42. 214 FORM OF GOVERNMENT. II. The Judicial Committee. The Assembly shall also, at every meeting, appoint a committee to be styled the Judicial Committee, whose duty it shall be to take into considera- tion all appeals and references brought to the Assembly, to ascertain whether they are in order, to digest and arrange all the documents relating to the same, and to propose to the Assembly the best method of proceed- ing in each case. — 1819, p. 718. III. Committee on Polity of the Church. Resolved, That a Committee of seven members be appointed on the polity of the Church, and that it be referred to this Committee to exam- ine and settle the true roll of the Presbyteries and Synods connected with the Assembly ; and that they receive the reports of the several Presbyteries on amending the Constitution of the Church. — 1840, p. 7, N. S. IV. On Foreign Missions. V. On Home Missions. VI. On Education. VII. On Publication. VIII. On Church Erection. IX. On Theological Seminaries. X. On Sustentation. XI. On Ministerial Relief. XII. On Freedmen. To these Committees are referred the reports of the several Boards, etc., together with the whole subject to which they pertain, to report to the Assembly at as early a day during its sessions as is possible. XIII. On Correspondence. To this Committee is referred the matter of correspondence with other Churches; they also nominate to the Assembly delegates to corresponding bodies. XIV. On the Narrative. That the General Assembly take measures to bring into distinct view at its different sessions the situation of the Presbyterian Church under its jurisdiction in the United States of America, with respect to the state of religion in the different Presbyteries, and the most probable expedients for reviving and promoting the essential interests of Christ's kingdom in the world ; whereupon — Resolved, That it be recommended to each Synod to enjoin it upon the respective Presbyteries within their bounds, to specify the above particu- lars in the annual reports which they make of the state of their respective churches, to be laid before the General Assembly at its stated meetings. — 1792, p. 59. Narrative to notice the Decease of Ministers. Resolved, That the narrative on the state of religion annually contain a notice of the decease of all the ministers of our Church who may have been removed by death during the preceding year ; and the several Pres- byteries are ordered to incorporate with their reports on the state of re- ligion, made to the Assembly, the case of every such removal within their bounds.— 1822, p. 38. OF THE GENEKAL ASSEMBLY. 215 XV. On Le^ve of Absence. a. Resolved, That, as a standing rule of the Assembly, a committee of five be appointed, whose duty it shall be to consider all applications for leave of absence, with power to decide on the same, in place of the house, and with instructions to require in every case satisfactory reasons for the necessity of such absence, and report to the house, at the commencement of every session, the members so dismissed ; and that an appeal to the Assembly may be made in any instance of refusal on the part of the Com- mittee to grant the application. — 1833, p. 390. b. A memorial was received from the Presbytery of Sydney, requesting the Assembly to take order against granting its members leave of absence. Whereupon, Resolved, That the Committee on Leave of Absence be instructed to give leave to members of the Assembly to be absent from the sessions only for manifestly sufficient reasons ; and, in general, for such reasons as have arisen since the Assembly has convened. — 1843, p. 173, O. S. c. [The Committee] wish to be instructed as to the degree of strictness which they shall observe in refusing leave of absence to members. The Committee were instructed to apply the rule rigidly. — 1847, p. 394, O. S. d. Early Leave Forfeits Mileage. It is, in the opinion of this General Assembly, highly important that com- missioners should not be appointed unless it shall satisfactorily appear to the several Presbyteries that they design to remain throughout the sessions. That in order to procure as far as possible this desirable object, it be and it hereby is ordered that no commissioner who shall obtain leave of ab- sence within the first six days of the sessions shall be entitled to receive anything from the commissioners' fund, unless the General Assembly shall order otherwise, when the reasons of the application are given. — 1827, p. 207. e. Injunction on Presbyteries. The Committee would present to the consideration of the General As- sembly as a serious evil the frequent applications on the part of the com- missioners, especially of elders, for permission to return home within a few days after the coming together of the Assembly. We believe that, according to the constitution of our Church, the ruling elders are essential parts of our Church judicatories; and if so, it is as important that they be present during the whole sessions of the judicatory as at its opening. Many of them have their traveling expenses paid by their Presbyteries with a view to secure their attendance, and yet comparatively few are willing to remain till the Assembly is dissolved. The Committee have remarked that these applications for leave most commonly are made, not by those whose residence is far off from our place of meeting, but by those who can reach their homes in a few hours. Under these views, the Com- mittee are often embarrassed in regard to their proper course of duty. They would be kind and indulgent, but they desire too to be true to the trust committed to them ; and they respectfully suggest to the Assembly the adoption of the following resolution, viz.: Resolved, That the Presbyteries, in the appointment of commissioners to the General Assembly, be directed to use great care and diligence in the selection of such ministers and ruling elders as will be willing and able to remain during the entire sessions of this bodv. [Adopted.] — 1842, p. 21, O. S. 216 FORM OF GOVERNMENT, XVI. On Mileage. Resolved, That the members entitled to mileage shall give to the Com- mittee on the Commissioners' Fund, within three days after the appoint- ment of said Committee, in writing, their names, the names of their Pres- byteries and their distance from home to the Assembly; and if any member neglects to comply with this resolution, he shall forfeit his por- tion of said fund. And that no member may be ignorant of this resolu- tion, the moderator shall read it as soon as the Committee on said fund is appointed each year. — 1818, p. 687. The Committee on Mileage reported in part, when it was Resolved, That the commissioners from Newburyport, Clinton and Mad- ison be struck off from the list of applicants for a portion of the commis- sioners' fund, on the ground that their respective Presbyteries have paid nothing into this fund. — 1833, p. 404. See above, d; also under chap, xxii., sec. iii. XVII. On Finance. Resolved, That a standing Committee of Finance be appointed, to whom the treasurer's account (of the trustees) shall be referred. — 1842, p. 8, O. S. XVIII. On Devotional Exercises. Resolved,, That it be hereafter a standing rule of the General Assembly to spend the first Wednesday of their sessions in religious exercises, as fol- lows, viz. : It is recommended that each member should spend from eight till nine o'clock A. m. of that day in secret devotion. At ten the Assembly shall meet together, and spend a season in prayer, praise, reading the Scriptures and exhortation. In the afternoon there shall be a public meeting of the Assembly, with all who may choose to convene with them, to engage again in religious exercises. Each Assembly shall, at an early period of its sessions, appoint a Com- mittee to make arrangements for the observance of this day in conformity with the above general plan. Resolved, That it be recommended to the churches under the care of the General Assembly annually to observe this da}', or such parts of it as they may respectively judge proper, as a season of special prayer in the closet and in social or public meetings ; to ask for the presence of God with the General Assembly, and for the special influences of his Spirit to descend upon the churches under their care and upon the world of man- kind, and that the earth may speedily be filled with his glory. Resolved, That it be recommended to Christians and to the churches, in the annual observance of this day, as far as may be convenient, to fix upon the same time with the Assembly for secret devotion and for public wor- ship.— 1828, p. 239. [The usage now is to appoint ministers and elders of the churches in the place where the Assembly is next to meet as the Committee on Devo- tional Exercises and Arrangements ; their report is made at an early day during the session of the Assembly. The following are standing rules :] 1. The Lord's Supper is to .be celebrated by the Assembly on the even- ing of Thursday, the first day of their sessions. 2. The evening of Friday, the second day of their sessions, is assigned to a popular meeting in behalf of the Sabbath-school interest of the Church. OF THE GENERAL ASSEMBLY. 217 3. The first Tuesday of the sessions is appropriated exclusively to the consideration of the home mission work of the Church, with a popular meeting in the evening of the same day. 4. The first Wednesday of the sessions is appropriated in like manner to the foreign mission work of the Church, with a popular meeting in the evening of the same day. III. Any fourteen or more of these commissioners, one-half of whom shall be ministers, being met on the day and at the place ap- pointed, shall be a quorum for the transaction of business. IV. The General Assembly shall receive and issue all appeals and references which may be regularly brought before them from the in- ferior judicatories. They shall review the records of every Synod, and approve or censure them ; they shall give their advice and in- struction in all cases submitted to them in conformity with the con- stitution of the Church ; and they shall constitute the bond of union, peace, correspondence and mutual confidence among all our churches. 1. The Assembly will not Ordinarily Decide Questions in Thesi. a. But while the General Assembly is invested with the power of de- ciding in all controversies respecting doctrine and discipline, of reprov- ing, warning or bearing testimony against error in doctrine in any church, Presbytery or Synod, or of suppressing schismatical contentions and dis- putatious, all such matters ought to be brought before the Assembly in a regular and constitutional way. And it does not appear that the consti- tution ever designed that the General Assembly should take up abstract cases and decide on them, especially when the object appears to be to bring those decisions to bear on particular individuals not judicially be- fore the Assembly. Neither does it appear that the constitution of the Church intended that any person or persons should have the privilege of presenting for decision, remonstrances respecting points of doctrine, on the conduct of individuals, not brought up from the inferior judicatories by appeal, reference or complaint, and this especially when such remon- strances contain no evidence whatsoever of the facts alleged, but mere statements, of the truth or justness of which the Assembly have no means of judging, inasmuch as a contrary course would allow of counter and contradictory remonstrances without end. — 1822, p. 50. See 1870, p. 28. It is inexpedient to consider cases in thesi. b. It is ordinarily undesirable for the General Assembly to decide ques- tions in thesi which are liable to be brought before it in its judicial capa- city, as it may thus virtually prejudge cases of discipline; it appears bet- ter that it should ordinarily follow in this respect the uniform practice of civil courts to decide legal principles only on actual cases presented. — 1856, p. 213, N. S. c. Overture No. 13, being a request of the Rev. Samuel C. McCune that the Assembly would answer various questions connected with judicial pro- cesses in the lower courts. The Committee recommend the following answer: These questions per- tain either to supposed or to actual judicial processes. In either case it is not deemed proper that the Assembly should give specific answers to them. Adopted.— 1866, p. 47, O. S. d. Overture No. 28, from the Presbytery of Santa Fe\ (1.) Is it in 28 218 FORM OF GOVERNMENT. accordance with the spirit and Constitution of the Church for a Board 01 Committee of the Assembly to receive complaints against the character and conduct of a minister without giving him full information on the subject, or refuse to do so when asked? (2.) What course should the Committee on Missions of a Presbytery take when a missionary sent into its bounds by a Board of the Assembly refuses to occupy the field assigned him by said Committee? (3.) Is it the province of a Missionary Presby- tery to designate the field of labor of its members or of a missionary sent into its bounds by any Board of the Assembly? or does this right of desig- nation belong to the Board sustaining the missionary ? The Committee recommend no action, inasmuch as it presents the case in thesi, and the questions involved will probably be settled ere long by the action of the Board of Foreign Missions. Adopted. — 1872, p. 73. [See at large under sec. v., below. Powers of the General Assembly and Book of Discipline, chap. vii. throughout.] V. To the General Assembly also belongs the power of deciding in all controversies respecting doctrine and discipline ; of reproving, warning or bearing testimony against error in doctrine or immorality in practice in any church, Presbytery or Synod; of erecting new Syn- ods when it may be judged necessary; of superintending the concerns of the whole Church; of corresponding with foreign churches on such terms as may be agreed upon by the Assembly and the corresponding body; of suppressing schismatical contentions and disputations; and in general, of recommending and attempting reformation of manners, and the promotion of charity, truth and holiness through all the churches under their care. I. DECISIONS AND DELIVERANCES ON DOCTRINE. 1. Case of Samuel Harker. A reference was brought into the Synod from the New Brunswick Pres- bytery respecting Mr. Samuel Harker, one of their members, as having imbibed and vented certain erroneous doctrines. The further considera- tion of this affair is deferred till the next sederunt — 1758, p. 283. • [The matter was continued from year to year, Synod endeavoring to remove the difficulty and bring Mr. Harker to a sense of his error. In 1761, Mr. Harker printed and published his views, and the Synod (1762) appointed a Committee to examine the book, who reported next year.] The Synod proceeded to consider Mr. Harker's principles, collected from his Look by the Committee, which are in substance as follows: 1. That the covenant of grace is in such a sense conditional that fallen mankind in their unregenerate state, by the general assistance given to all under the gospel, have a sufficient ability to fulfill the conditions thereof, and so by their own endeavors to ensure to themselves regenerating grace and all saving blessings. 2. That God has bound himself by promise to give them regenerating grace upon their fulfilling what he (Mr. Harker) calls the direct condi- tions of obtaining it, and, upon the whole, makes a certain and an infalli- ble connection between their endeavors and the aforesaid blessings. 3. That God's prescience of future events is previous to and not depend- OF THE GENERAL ASSEMBLY. 219 ent on his decrees; that his decrees have no influence on his own conduct, and that the foresight of faith was the ground of the decree of election. It is further observed that he often uses inaccurate, unintelligible and dangerous modes of expression that tend to lead people into false notions in several important matters, as that Adam was the federal father of his posterity in the second covenant as well as in the first ; that the regene- rate are not in a state of probation for heaven, and several such like. The Synod judge that these principles are of a hurtful and a dangerous tendency, giving a false view of the covenant of grace, perverting it into a new modeled covenant of works, and misrepresent the doctrine of the divine decrees as held by the best reformed churches, and, in fine, are con- trary to the word of God and our approved standards of doctrine. — 1763, p. 329. 2. Testimony against Universalism and Socinianism. a. Whereas, the doctrine of universal salvation and of the finite dura- tion of hell torments has been propagated by sundry persons who live in the United States of America, and the people under our care may possi- bly, from their occasional conversation with the propagators of such a dangerous opinion, be infected by the doctrine, the Synod take this oppor- tunity to declare their utter abhorrence of such doctrines as they appre- hend to be subversive of the fundamental principles of religion and mo- rality, and therefore earnestly recommend it to all their Presbyteries and members to be watchful upon this subject, and to guard against the intro- duction of such tenets amongst our people. — 1787, p. 540. b. If there is a religion revealed by God, it is as important to have cor- rect views of its principles to perform the duties which it enjoins in the various relations of life, as it is to have correct views of morality that our lives may be moral. Error in principle invariable produces error in practice. To be ever learning and never coming to the knowledge of the truth is characteristic of none but those who assume for the human under- standing the prerogative of sitting in judgment upon the inspired truth of God, either condemning the whole as an imposition, or undertaking to correct its alleged mistakes by abridging and falsifying its contents. Of the former class, we rejoice that the number and influence are diminished. Not many years past they triumphed, to the regret and anguish of the followers of Christ. With brazen front, infidelity threatened the anni- hilation of the Church and the ruin of her Lord's authority. But the Church not merely survives its attacks: she has increased in numbers and in grace, whilst her adversaries are compelled, though unwillingly, to pay homage to the paramount claims of her God and her Saviour, who is King of kings and Lord of lords. Few are to be found who respect themselves openly opposing the truth of God as contained in the Scrip- tures. There are, however, some within our bounds, who, whilst they pro- fess to honor the authority of the Bible, with unhallowed hands would cut out of its pages those passages which command us to honor the Son as we honor the Father, and rob the trembling sinner of the only hope of ac- ceptance with God which his soul can cherish. The well-beloved and only begotten Son of God they reduce to the level of frail humanity, and his work of redemption to the mere fact of furnishing us a perfect example of conversation and conduct. By denying his character as a covenant- surety to bear our sins and carry our sorrows, they lower his example as a righteous and holy Man below that which his apostles and primitive fol- lowers afford us. And so far as we have had the opportunity of judging from facts which have fallen unde** our observation, their principles have 220 FORM OF GOVERNMENT. introduced among all who have embraced them so great a conformity in their practice to the world which lieth in wickedness as to render.it im- possible to discriminate them from the children of that world. In connection with these Anti-Trinitarians — for we reject the name which they have assumed of Unitarians, holding the unity of God as strictly as they do — are the Universal ists, or the supporters of the doctrine of univer- sal salvation. It is a tribute, however, which we owe to truth to say that whilst the Anti-Trinitarians, for the sake of consistency, are compelled to maintain the ultimate and eternal salvation of all, the Universalists be- lieve in the doctrine of the Trinity and the atonement of the Lord Jesus. They, however, by assuring all that they will be in the end for ever happy, provide for the grati6cation of present desires and continuance in sin whilst they live. As these errors in principle do exist in some portion of our Church, though we have good reason to believe that they are not increasing, the Assembly trust that they will be opposed and their ruinous tendency un- folded with fidelity and success. — 1818, p. 677. c. In some parts of our land attempts are made to propagate the most pernicious errors. With a zeal worthy of a better cause, and under lofty pretensions to superior rationality and to deeper discoveries in religion, some are endeavoring to take away the crown from the Redeemer's head, to degrade Him who is the mighty God and the Prince of life to a level with mere men, and to rob us of all our hopes of redemption through his blood. Pretending, too, a more expanded benevolence to man-, and more ennobled ideas of the goodness and mercy of God, they assiduously prop- agate the sentiment, that all men will ultimately obtain eternal happiness, however sinful their present temper and conduct may be, without any re- gard to the cleansing of the blood of atonement or the sanctifying influ- ences of the Spirit of God. Believing that these sentiments are utterly subversive of gospel truth and holiness, that they are alike dishonoring to God and destructive to the present and eternal welfare of men, we cannot but affectionately warn you against them. — 1822, p. 58. 3. Case of Rev. Hezekiah Balch.. The consideration of the references relative to Mr. Balch was resumed, and after some amendments made on the draught brought in by the Com- mittee, it was adopted, and is as follows, viz.: They remark upon the first article of the creed aforesaid that Mr. Balch is erroneous in making disinterested benevolence the only definition of ho- liness or true religion, because this may perplex the minds of those not accustomed to abstract speculations, is questionable in itself, and may convey the idea that an absolute God, or a God out of Christ, is the object of the highest affection to the renewed mind. On the second article they remark that he has confounded self-love with selfishness in an abstract speculation calculated to puzzle plain Christians and lead to unprofitable disputes. On the third article they remark that the transferring of personal sin or righteousness has never been held by Calvinistic divines, nor by any person in our Church, so far as is known to us, and therefore that Mr. Balch's observations on that subject appear to be either nugatory or cal- culated to mislead. With regard to his doctrine of original sin, it is to be observed that he is erroneous in representing personal corruption as not derived from Adam, making Adam's sin to be imputed to his posterity in consequence of a corrupt nature already possessed, and derived from we OF THE GENEKAL ASSEMBLY. 221 know not what; thus, in effect, setting aside the idea of Adam's being the federal head or representative of his descendants, and the whole doctrine of the covenant of works. It is also manifest that Mr. Balch is greatly erroneous in asserting that the formal cause of a believer's justification is the imputation of the fruits and effects of Christ's righteousness, and not that righteousness itself, be- cause righteousness, and that alone, is the formal demand <>f the law, and consequently the sinner's violation of the divine law can be pardoned only in virtue of the Redeemer's perfect righteousness being imputed to him and reckoned as his. It is also not true that the benefits of Christ \ right- eousness are, with strict propriety, said to be imputed at all, as these ben- efits flow to and are possessed by the believer as a consequence of his- ius- tification and having an interest in the infinite merits of the Saviour. On the fourth article no remark is necessary. "With regard to the fifth article it is to be remarked that Mr. Balcti appears to confound sentiment with the mere perception of truth, whereas it always partakes of the disposition of the heart, and consequently in- volves in it either sin or holiness. The article as stated by him contra- dicts the principle laid down in the introduction to our Form of Govern- ment, and levels the important distinction between truth and falsehood so as to be liable to the construction that it is no matter what a man believes. And though Mr. Balch may not, and probably did not, intend to insinuate anything disrespectful to the holy Scriptures, where he asserts that "there are wrong sentiments in the Bible," yet, as his expression is liable to such a construction, we judge it highly censurable. With regard to the sixth and seventh articles no remarks seem to be necessary, except that the offence given by the reflection cast on his breth- ren, the Presbyterians, in the seventh, has been sufficiently removed by his candid acknowledgment before the Synod and General Assembly. The eighth, ninth and tenth articles require no remark, except that they appear to be unimportant. With regard to the twelfth article it is remarked that his observation upon love as exercised by the human race, so far as it may be applicable to a state of infancy, is unintelligible, and that though a distinction may be made between regeneration and conversion, yet the terms in which the article is expressed are exceptionable, as they seem to discourage the use of the means of grace. With regard to the thirteenth article it is remarked that in making re- pentance and faith to proceed wholly from love or charity, Mr. Balch has expressed an opinion unnecessary and improper. In regard to the subject of false doctrine, in discoursing from Psalm li. 5 and Isaiah xlviii. 8, nothing seems necessary to be added to the remarks made on the subject of original sin as contained in Mr. Balch's creed, except that he charges Calvinistic divines with holding sentiments rela- tive to infants which they do not hold ; and that he makes positive decla- rations in regard to the state of infants, when it has pleased a wise and holy God to be silent on this subject in the revelation of his will. In regard to the subject of indecent language alleged to have been used in the pulpit by Mr. Balch, it is remarked, that if he was not misunder- stood by the witnesses, he has, notwithstanding, declared such a deep and suitable abhorrence of all such language in public discourse as renders it unnecessary to take any further notice of it. On the whole, your Committee recommend that Mr. Balch be required to acknowledge before the Assembly that he was wrong in the publication of his creed ; that in the particulars specified as above he renounce the 222 FORM OF GOVERNMENT. errors therein pointed out; that he engage to teach nothing hereafter of a similar nature ; that the moderator admonish him of the divisions, disor- der, trouble and inconvenience which he has occasioned to the Church and its judicatories by his imprudent and unwarrantable conduct, and warn him against doing anything in time to come that may tend to pro- duce such serious and lamentable evils. That if Mr. Balch submit to this, he be considered as in good standing with the Church, and that the refer- ence and queries of the Synod of the Carol inas be considered as fully an- swered by the adoption of these measures. — 1798, pp. 155, 156. Mr. Balch appeared before the General Assembly and made the follow- ing declaration, viz. : I do fully acknowledge that I was wrong in publishing my creed. I do solemnly declare, however, as in the presence of my final Judge, that I never did entertain the ideas nor intend to teach the doctrines which are pointed out as errors in the statement of the Assembly; but as I can- not so well judge as the Assembly what ideas my language actually con- veys, and the Assembly declares that my language has conveyed these ideas and doctrines to their minds, I do fully and cheerfully renounce them as wrong and improper ; and I do solemnly and sincerely engage, in a reliance on divine grace, never hereafter to teach or preach what the Assembly have stated as erroneous ; and I do finally and cheerfully sub- mit myself to the admonition which the Assembly may see meet to give for my irregularities, which I acknowledge to deserve censure, and for which I am sincerely sorry. Whereupon the moderator gave to Mr. Balch the solemn admonition agreed to ; and then the Assembly declared themselves fully satisfied in the case of Mr. Balch, and that he is, and ought to be, considered as in good standing with the Church. And the whole transaction was con- cluded with prayer. — 1798, p. 158. 4. Case of Rev. William O. Davis, The overture from the Synod of the Carolinas, which had been laid on the table, referring to the Assembly an overture laid before that Synod, requesting their attention to a late publication of the Rev. W. C. Davis, denominated the "Gospel Plan," was read; Messrs. Robert G. Wilson, Calhoun and Anderson were appointed a Committee to examine said book and report to this Assembly the doctrines it contains, if any such they find, that are contrary to the standards of the Presbyterian Church. The report of the Committee was adopted, viz. : The Committee, presuming that a complete and perfect enumeration of all the objectionable parts of said book is not expected, called the atten- tion of the Assembly only to the following doctrines, supposed to be con- trary to the Confession of Faith of the Presbyterian Church : Doctrine I. That the active obedience of Christ constitutes no part of that righteousness by which a sinner is justified, pp. 257, 261, 264, 3d corollary. Doctrine II. That obedience to the moral law was not required as the condition of the covenant of works, pp. 178, 180. These pages oeing read, the Assembly resolved that they do consider these doctrines as contrary to the Confession of our Church. Doctrine III. God himself is as firmly bound in duty (not obedience) to his creatures as his creatures are bound in obedience or duty to him, pp. 164, 166. Also, that God's will is not the standard of right and wrong. If God's will is the primary rule of his own actions, he would OF THE GENERAL ASSEMBLY. 223 be: 1st. Entirely void of holiness; 2d. There could be no justice in God; 3d. It would be impossible for God to be unchangeable ; 4th. If the will of God is the standard of right and wrong, then it would be no infringe- ment on the divine character to be unfaithful to his word and promise, —pp. 168-171. These pages being read, Resolved, That, without deciding on the question whether these senti- ments are contrary to our Confession of Faith, the Assembly consider the mode in which they are expressed as unhappy, and calculated to mislead the reader. Doctrine IV. God could not make Adam, or any other creature, either holy or unholy. Compare page 194 with 166. Doctrine V. Regeneration must be a consequence of faith. Faith pre- cedes regeneration, p. 352. Doctrine VI. Faith, in the first act of it, is not a holy act, p. 358, etc. These pages being read, Resolved, That the Assembly do consider the three last-mentioned doc- trines contrary to the Confession of Faith of our Church. Doctrine VII. Christians may sin willfully and habitually, pp. 532, 534. These pages being read, Resolved, That the Assembly consider the expressions in the pages re- ferred to as very unguarded ; and so far as they intimate it to be the au- thor's opinion that a person may live in an habitual and allowed sin, and yet be a Christian, the Assembly consider them contrary to the letter and spirit of the Confession of Faith of our Church, and in their tendency highly dangerous. Doctrine VIII. If God has to plant all the principal parts of salvation in a sinner's heart to enable him to believe, the "Gospel Plan" is quite out of his reach, and consequently does not suit his case ; and it must be impossible for God to condemn a man for unbelief, for no just law con- demns or criminates any person for not doing what he cannot do. — p. 413. This page, and several others on the same subject, being read, Resolved, That the Assembly do consider this last-mentioned doctrine contrary to the Confession of Faith of our Church. On the whole, Resolved, That this Assembly cannot but view with disapprobation various parts of the work entitled "The Gospel Plan," of which William C. Davis is stated in the title-page to be the author. In several instances in this work, modes of expression are adopted, so different from those which are sanctioned by use and by the best orthodox writers, that the Assembly consider them as calculated to produce useless or mischievous speculations. In several other instances there are doctrines asserted and advocated, as has been already decided, contrary to the Confession of Faith of our Church and the word of God ; which doctrines the Assembly feel con- strained to pronounce to be of very dangerous tendency ; and the Assem- bly do judge, and do hereby declare, that the preaching or publishing of them ought to subject the person or persons so doing to be dealt with by their respective Presbyteries, according to the discipline of the Church relative to the propagation of errors. — 1810, pp. 448-453. 5. Case of Rev. Thomas B. Craighead. [On an appeal from the Synod of Kentucky. After speaking of cer- tain irregularities in the conduct both of the Synod and the appellant, they say,] 224: FORM OF GOVERNMENT. But from' matters of form the General Assembly will now pass to the merits of the case ; and for the sake of brevity, the first and second charges only shall be brought into view. " Charge 1. We charge him with denying and vilifying the real agency of the Spirit in regeneration, and in the production of faith and sanctifi- cation in general." And first they would observe that there can be no doubt that the de- nial of the real agency of the Spirit is a dangerous and fundamental error ; and if Mr. Craighead taught such an error, he ought to have been suspended. The question then is, Do the passages of Mr. Craighead's sermon re- ferred to in the charge prove that he did deny the reality of the operations of the Spirit? Here it will be important to remark that a man cannot fairly be con- victed of heresy for using expressions which may be so interpreted as to involve heretical doctrines if they may also admit of a more favorable construction, because no one can tell in what sense an ambiguous expres- sion is used but the speaker or writer, and he has a right to explain him- self; and in such cases candor requires that a court should favor the ac- cused, by putting on his words the more favorable, rather than the less favorable, construction. Another principle is that no man can rightly be convicted of heresy by inference or implication — that is, we must not charge an accused per- son with holding those consequences which may legitimately flow from his assertions. Many men are grossly inconsistent with themselves ; and while it is right in argument to overthrow false opinions by tracing them in their connections and consequences, it is not right to charge any man with an opinion which he disavows. With these principles in view, the General Assembly proceed to ob- serve that there is abundant evidence that Mr. Craighead did deny the immediate agency of the Spirit, but no clear evidence that he denied the real agency of the Spirit. These are very different things, and the proof of the one does by no means establish the other. Immediate agency or operation is opposed to mediate. This is a well-known distinction in the- ology, and a point which has been greatly controverted. The Keformed L'hurch, of which ours is a part, in all their purest times, maintained the doctrine of the immediate operation of the Spirit, not without the word, bui listinct from it, and in the order of nature preceding it. Other Prot- estant churches, never charged with fundamental error, have as uniformly maintained the doctrine of a mediate agency, and those commonly believe that this operation is not occasional, but uniform, and diversified in its effects by the difference of resistance with which it meets. Neither the Presbytery nor the Synod appear to have attended sufficiently to this dis- tinction. They appear to have thought that a denial of immediate agency was a denial of all real agency. It deserves special regard here that our confession takes no notice of these nice distinctions about the mode in which the Holy Spirit operates. It usually mentions the word and the Spirit together, and the former as the instrument of the latter. And they who believe in the immediate agency of the Spirit do not exclude the in- strumentality of the word ; they, however, explain it in a different way from those who hold that there is no agency of the Spirit distinct from the word. But this is the more favorable construction ; there is another which, if not more probable, is more obvious. Mr. Craighead may be un- derstood as teaching that the only real agency of the Spirit was in inspir- ing the Scriptures and confirming them by signs and miracles. There is OF THE GENERAL ASSEMBLY. 225 much in his discourse that has this bearing, and undoubtedly this is the common impression among the people where it is best known. This was the idea of the Synod of Kentucky when they condemned him, and this is in fact denying the reality of the operation of the Spirit in our days ; and whether his expressions have been fairly interpreted or not, they are dangerous, and ought to be condemned. In justice to Mr. Craighead, however, it ought to be remembered that he utterly disclaims this mean- ing in his defence set up to this Assembly ; and would it be fair to continue to charge upon him opinions which he solemnly disavows ? Of the sin- cerity of his disavowal God is the judge. The conclusion is that the first charge, though supported by strong probabilities, is not so conclusively established as to remove all doubt, because the words adduced in proof will bear a different construction from that put on them by the Presby- tery and Synod. The evidence in support of the second charge is still less clear and con- clusive. The charge is : "We charge him with denying, vilifying and misrepresenting the doc- trine of divine foreordination and sovereignty and election." It might, perhaps, be shown by argument that Mr. Craighead uses many expressions not consistent with these doctrines; but agreeably to the principle laid down above, he must not be charged with holding these con- sequences unless he has avowed them. These passages of his discourse, it is true, contain erroneous and offensive things, but they do not establish the charge of denying, vilifying, etc. In one single instance he seems to deny that everything should be referred to the sovereignty of God's will, but the words in their connection may have an innocent meaning. Here again it must be observed that Mr. Craighead solemnly declares his belief in the doctrine of decrees and election as expressed in our standards. But whilst the General Assembly are of opinion that the charges against Mr. Craighead are not clearly and fully supported by the references, they feel it to be their duty to say that the impression which they have received from hearing extracts from this discourse are very unfavorable, and they do believe that Mr. Craighead by preaching and printing this sermon did subject himself justly to censure. Moreover, the Assembly are of opinion that the doctrines of this ser- mon, in the most favorable construction, are different from those of the Reformed Churches and of our Church, and are erroneous, although the error is not of fundamental importance. They have observed, also, that this discourse contains many unjust and illiberal reflections on the doc- trines which have been the common and uniform belief of the great majority of the preachers and writers of the Reformed Churches. He mentions the names of a few persons as favoring the doctrine which he opposes ; but he might have put into the list almost every standard writer of our own and sister Churches since the Reformation. The sermon also contains much declamation which confounds fanati- cism and piety, and representations of opinions which are true and import- ant, so associated with error and absurdity, as to exhibit them in a ridicu- lous and odious light. Finally, the General Assembly are deeply impressed with the evidences of an improper spirit and an evil tendency in this sermon, and are of opinion that Mr. Craighead ought so to retract or explain his sentiments as to afford reasonable satisfaction to his brethren. Whereupon, Resolved, That as the proceedings in the case of Mr. Craig- head have been, in many respects, irregular, and he has suffered much injury from the delay produced by these irregularities, and whereas, also, 29 226 FORM OF GOVERNMENT. the charges are not so conclusively established as to remove all doubt, the General Assembly cannot see their way clear finally to confirm the sen- tence of the Synod of Kentucky, although they are of opinion that Mr. Craighead has subjected himself, by preaching and printing this sermon, to just censure. But as Mr. Craighead has had no fair opportunity of vindicating himself, or of making satisfactory explanations or retractions, therefore, Resolved, That the whole cause be transmitted to the Presbytery of West Tennessee, in the bounds of which Mr. Craighead resides ; and that they be directed to give him an early opportunity of offering that satis- faction which the church expects, for the offence received ; and that upon receiving such explanation or retractions as to them shall be satisfactory, Mr. Craighead be restored to the gospel ministry, from which he had been suspended.— 1824, pp. 122-124. [Mr. Craighead was restored.] 6. Case of Rev. Albert Barnes. [For a full statement and history of the case, see Baird's Bevised Edition, pp. 694-700. On an appeal from the decision of the Synod of Philadelphia, it was] Resolved, That the decision of the Synod of Philadelphia, suspending Bev. Albert Barnes from all the functions proper to the gospel ministry, be and it is herebv reversed. [Yeas 145, nays 78, declined voting 11.] — 1836, p. 269. [A resolution offered by Dr. Samuel Miller was rejected. Yeas 109, nays 122. Two protests which may be found in full, together with Dr. Miller's Besolution, in Baird, pp. 700-702, were entered. In reply the Assembly make the following statements as to the doctrines involved :] The correctness of the preceding positions is confirmed, in the opinion of the Assembly, by a careful analysis of the real meaning of Mr. Barnes under each charge, as ascertained by the language of his book and the revisions, disclaimers, explanations and declarations which he has made. In respect to the first charge, that Mr. Barnes teaches that all sin is voluntary, the context and his own declarations show that he refers to all actual sin merely, in which he affirms the sinner acts under no com- pulsion. The second charge implies neither heresy nor errors, but relates to the expression of an opinion on a matter concerning which no definite in- struction is contained either in the Bible or in the Confession of Faith. In respect to the third charge, Mr. Barnes has not taught that unregen- erate men are able, in the sense alleged, to keep the commandments and convert themselves to God. It is an inference of the prosecutor from the doctrine of natural ability as taught by Edwards, and of the natural lib- erty of the will as taught in the Confession of Faith, chap, ix., sec. i. On the contrary, he does teach, in accordance with our standards, that man, by the fall, hath wholly lost all ability of will to any spiritual good accom- panying salvation. In respect to the fourth charge, that faith is an act of the mind, Mr. Barnes does teach it, in accordance with the Confession of Faith and the Bible ; but he does not deny that faith is a fruit of the special influence of the Spirit, and a permanent holy habit of 7iiind, in opposition to a cre- ated physical essence. That faith "is counted for righteousness" is the language of the Bible, and as used by Mr. Barnes means, not that faith is the meritorious ground of justification., but only the instrument by which the benefit of Christ's righteousness is appropriated. OF THE GENERAL ASSEMBLY. 227 In resect to the fifth charge, Mr. Barnes nowhere denies, much less "sneers" at, the idea that Adam was the covenant and federal head of his posterity: on the contrary, though he employs not these terms, he does, in other language, teach the same truths which are taught by this phraseology. In respect to the sixth and seventh charges, that the sin of Adam is not imputed to his posterity, and that mankind are not guilty or liable to punishment on account of the first sin of Adam, it is to be observed that it is not taught in the Confession of Faith that the sin of Adam is im- puted to his posterity. The imputation of the guilt of Adam's sin, Mr. Barnes affirms, though not as including personal identity and the transfer of moral qualities, both of which are disclaimed by our standard writers, and by the General Assembly. In respect to the eighth charge, that Christ did not suffer the penalty of the law, as the vicarious substitute of his people, Mr. Barnes only de- nies the literal infliction of the whole curse, as including remorse of con- science and eternal death, but admits and teaches that the sufferings of Christ, owing to the union of the divine and human natures in the person of the Mediator, were a full equivalent. In respect to the ninth charge, that the righteousness of Christ is not imputed to his people, Mr. Barnes teaches the imputation of the right- eousness of Christ, but not as importing a transfer of Christ's personal righteousness to believers, which is not the doctrine of our Church. And when he says that- there is no sense in which the righteousness of Christ becomes ours, the context and his own declarations show that he simply means to deny a literal transfer of his obedience ; which, on the contrary, he teaches is so imputed or set to our account as to become the only mer- itorious cause or ground of our justification. In respect to the tenth charge, Mr. Barnes has not taught that justifica- tion consists in pardon only, but has taught clearly that it includes the reception of believers into favor, and their treatment as if they had not sinned.— 1836, p. 287. 7. Testimony against Doctrinal Errors. The Assembly adopted that part of the report of the Committee on the memorial which relates to doctrinal errors, as follows, viz. : As one of the principal objects of the memorialists is to point out cer- tain errors more or less prevalent in our Church, and to bear testimony against them, your Committee are of opinion that as one great object of the institution of the Church was to be a depository and guardian of the truth, and as by the Constitution of the Presbyterian Church in the United States it is made the duty of the General Assembly to testify against error; therefore, resolved, that the testimony of the memorialists concerning doc- trine be adopted as the testimony of this General Assembly (with a few verbal alterations), which is as follows: 1. That God would have prevented the existence of sin in our world, but was not able without destroying the moral agency of man, or that, for aught that appears in the Bible to the contrary, sin is incidental to any wise moral system. 2. That election to eternal life is founded on a foresight of faith and obedience. 3. That we have no more to do with the first sin of Adam than with the sins of any other parent. 4. That infants come into the world as free from moral defilement as was Adam when he was created. 228 FORM OF GOVERNMENT. 5. That infants sustain the same relation to the moral government of God in this world as brute animals, and that their sufferings and death are to be accounted for on the same principles as those of brutes, and not by any means to be considered as penal. 6. That there is no other original sin than the fact that all the posterity of Adam, though by nature innocent or possessed of no moral character, will always begin to sin when they begin to exercise moral agency ; that original sin does not include a sinful bias of the human mind and a just exposure to penal suffering; and that there is no evidence in Scripture that infants, in order to salvation, do need redemption by the blood of Christ and regeneration by the Holy Ghost. 7. That the doctrine of imputation, whether of the guilt of Adam's sin or of the righteousness of Christ, has no foundation in the word of God, and is both unjust and absurd. 8. That the sufferings and death of Christ were not truly vicarious and penal, but symbolical, governmental and instructive only. 9. That the impenitent sinner is by nature, and independently of the renewing influence or almighty energy of the Holy Spirit, in full posses- sion of all the abilitv necessary to a full compliance with all the commands of God. 10. That Christ does not intercede for the elect until after their regene- ration. 11. That saving faith is not an effect of the special operation of the Holy Spirit, but a mere rational belief of the truth or assent to the word of God. 12. That regeneration is the act of the sinner himself, and that it con- sists in a change of his governing purpose which he himself must pro- duce, and which is the result, not of, any direct influence of the Holy Spirit on the heart, but chiefly of a persuasive exhibition of the truth analogous to the influence which one man exerts over the mind of an- other, or that regeneration is not an instantaneous act, but a progressive work. 13. That God has done all that he can do for the salvation of all men, and that man himself must do the rest. 14. That God cannot exert such influence on the minds of men as shall make it certain that they will choose and act in a particular manner with- out impairing their moral agency. 15. That the righteousness of Christ is not the sole ground of the sin- ner's acceptance with God, and that in no sense does the righteousness of Christ become ours. 16. That the reason why some differ from others in regard to their reception of the gospel is that they make themselves to differ. Against all these errors, whenever and wherever and by whomsoever taught, the Assembly would solemnly testify, and would warn all in con- nection with the Presbyterian Church against them. They would also enjoin it upon all the inferior judicatories to adopt all suitable measures to keep their members pure from opinions so dangerous. Especially does the Assembly earnestly enjoin on all the Presbyteries to guard with great care the door of entrance to the sacred office. Nor can the As- sembly regard as consistent with ministerial ordination vows an unwill- ingness to discipline according to the rules of the word of God and of our standards any person already a teacher who may give currency to the foregoing errors. Yeas 109; nays 6; ?ian liquet 11. — 1837, pp. 468-470. OF THE GENERAL ASSEMBLY. 229 8. An Explication of Doctrines. [The following final article of a protest on the general action of the Assembly in reference to the " Memorial" was ordered to be placed upon the minutes, viz. :] We protest finally, because, in view of all the circumstances of the case, we feel that while we were prevented from uniting in the final vote with the majority in their testimony against error, for the reasons above stated, we owe it to ourselves, to our brethren, to the Church and to the world to declare and protest that it is not because we do, directly or indirectly, hold or countenance the errors stated. We are willing to bear our testimony in full against them, and now do so, when, without misappre- hension and liability to have our vote misconstrued, we avow our real sentiments, and contrast them with the errors condemned, styling them, as we believe, the true doc- trine, in opposition to the erroneous doctrine condemned, as follows, viz. : First Error. "That God would have prevented the existence of sin in our world, but was not able without destroying the moral agency of man ; or that, for aught that appears in the Bible to the contrary, sin is incidental to any wise moral system." True Doctrine. God permitted the introduction of sin, not because he was unable to prevent it, consistently with the moral freedom of his creatures, but for wise and be- nevolent reasons which he has not revealed. Second Error. " That election to eternal life is founded on a foresight of faith and obedience." True Doctrine. Election to eternal life is not founded on a foresight of faith and obedience, but is a sovereign act of God's mercy, whereby, according to the council of his own will, he hath chosen some to salvation; "yet so as thereby neither is vio- lence offered to the will of the creatures, nor is the liberty or contingency of second causes taken away, but rather established ;" nor does this gracious purpose ever take effect independently of faith and a holy life. Third Error. " That we have no more to do with the first sin of Adam than with the sins of any other parent." True Doctrine. By a divine constitution, Adam was so the head and representative of the race that, as a consequence of his transgression, all mankind became morally corrupt and liable to death, temporal and eternal. Fourth Error. " That infants come into the world as free from moral defilement as was Adam when he was created." True Doctrine. Adam was created in the image of God, endowed with knowledge, righteousness and true holiness. Infants come into the world not only destitute of these, but with a nature inclined to evil, and only evil. Fifth Error. "That infants sustain the same relation to the moral government of God in this world as brute animals, and that their sufferings and death are to be accounted for on the same principles as those of brutes, and not by any means to be considered as penal." True Doctrine. Brute animals sustain no such relation to the moral government of God as does the human family. Infants are a part of the human family ; and their sufferings and death are to be accounted for on the ground of their being involved in the general moral ruin of the race induced by the apostasy. Sixth Error. "That there is no other original sin than the fact that all the posterity of Adam, though by nature innocent, will always begin to sin when they begin to exercise moral agency ; that original sin does not include a sinful bias of the human mind and a just exposure to penal suffering; and that there is no evidence in Scrip- ture that infants, in order to salvation, do need redemption by the blood of Christ and regeneration by the Holy Ghost." True Doctrine. Original sin is a natural bias to evil, resulting from the first apos- tasy, leading invariably and certainly to actual transgression. And all infants, as well as adults, in order to be saved, need redemption by the blood of Christ and re- generation by the Holy Ghost. Seventh Error. "That the doctrine of imputation, whether of the guilt of Adam's sin or of the righteousness of Christ, has no foundation in the word of God, and is both unjust and absurd." True Doctrine. The sin of Adam is not imputed to his posterity in the sense of a literal transfer of personal qualities, acts and demerit; but by reason of the sin of Adam, in his peculiar relation, the race are treated as if they had sinned. Nor is the righteousness of Christ imputed to his people in the sense of a literal transfer of personal qualities, acts and merit; but by reason of his righteousness, in his peculiar relation, they are treated as if they were righteous. 230 FORM OF GOVERNMENT. Eighth Error. " That the sufferings and death of Christ were not truly vicarious and penal, but symbolical, governmental and instructive only." True Doctrine. The sufferings and death of Christ were not symbolical, goveim- mental and instructive only, but were truly vicarious — i. e., a substitute for the pun- ishment due to transgressors. And while Christ did not suffer the literal penalty of the law, involving remorse of conscience and the pains of hell, he did offer a sacrifice which infinite wisdom saw to be a full equivalent. And by virtue of this atonement overtures of mercy are sincerely made to the race, and salvation secured to all who believe. Ninth Error. "That the impenitent sinner is by nature, and independently of the renewing influence or almighty energy of the Holy Spirit, in full possession of all the ability necessary to a full compliance with all the commands of God." True Doctrine. While sinners have all the faculties necessary to a perfect moral agency and a just accountability, such is their love of sin and opposition to God and his law that, independently of the renewing influence or almighty energy of the Holy Spirit, they never will comply with the commands of God. Tenth Error. " That Christ does not intercede for the elect until after their regene- ration." True Doctrine. The intercession of Christ for the elect is previous as well as subse- quent to their regeneration, as appears from the following Scripture, viz. : " I pray not for the world, but for them which thou hast given me, for they are thine. Neither pray I for these alone, but for them also which shall believe on me through their word." Eleventh Error. "That saving faith is not an effect of the operations of the Holy Spirit, but a mere rational belief of the truth or assent to the word of God." True Doctrine. Saving faith is an intelligent and cordial assent to the testimony of God concerning his Son, implying reliance on Christ alone for pardon and eternal life, and in all cases it is an effect of the special operation of the Holy Spirit. Twelfth Error. " That regeneration is the act of the sinner himself, and that it con- sists in a change of his governing purpose which he himself must produce, and which is the result, not of any direct influence of the Holy Spirit on the heart, but chiefly of a persuasive exhibition of the truth, analogous to the influence which one man exerts over the mind of another, or that regeneration is not an instantaneous act, but a progressive work." True Doctrine. Regeneration is a radical change of heart, produced by the special operations of the Holy Spirit, " determining the sinner to that which is good," and is in all cases instantaneous. Thirteenth Error. "That God has done all that he can do for the salvation of all men, and that man himself must do the rest." • True Doctrine. While repentance for sin and faith in Christ are indispensable to salvation, all who are saved are indebted from first to last to the grace and Spirit of God. And the reason that God does not save all is not that he wants the power to do it, but that in his wisdom he does not see fit to exert that power further than he actually does. Fourteenth Error. " That God cannot exert such influence on the minds of men as shall make it certain that they will choose and act in a particular manner without impairing their moral agency." True Doctrine. While the liberty of the will is not impaired, nor the established connection betwixt means and end broken by any action of God on the mind, he can influence it according to his pleasure, and does effectually determine it to good in all cases of true conversion. Fifteenth Error. " That the righteousness of Christ is not the sole ground of the sinner's acceptance with God, and that in no sense does the righteousness of Christ become ours." True Doctrine. All believers are justified, not on the ground of personal merit, but solely on the ground of the obedience and death, or, in other words, the righteous- ness, of Christ. And while that righteousness does not become theirs in the sense of a literal transfer of personal qualities and merit, yet, from respect to it, God can and does treat them as if they were righteous. Sixteenth Error. " That the reason why some differ from others in regard to their reception of the gospel is that they make themselves to differ." True Doctrine. While all such as reject the gospel of Christ do it not by coercion, but freely, and all who embrace it do it not by coercion, but freely, the reason why some differ from others is because God has made them to differ. George Duffield, E. W. Gilbert, Thomas Brown, Bliss Burnap, N. S. S. Beman, E. Cheever, E. Seymour, George Painter, F. W. Graves, Obadiah Woodruff, N. C. Clark, OF THE GENERAL ASSEMBLY. 231 Robert Stuart, Nahum Gould, Absalom Peters, Alexander Camjibell. — 1837, pp. 484-486. 9. Testimony against Certain Disorders and Irregularities. Whereas, it is represented to the Assembly that the following disorders and irregularities are practiced in some portions of the Presbyterian Church, the Assembly, without determining the extent of them, would solemnly warn all in our connection against them. They are as follows, viz.: 1. The formation of Presbyteries without defined and reasonable limits, or Presbyteries covering the same territory, and. especially such a forma- tion founded on doctrinal repulsions or affinities, thus introducing schism into the very vitals of the body. 2. The licensing of persons to preach the gospel, and the ordaining to the office of the ministry such as not only accept of our standards merely for substance of doctrine, and others who are unfit and ought to be ex- cluded for want of qualification, but of many even who openly deny fun- damental principles of truth and preach and publish radical errors as already set forth. 3. The formation of a great multitude and variety of creeds which are often incomplete, false and contradictory of each other and of our Confes- sion of Faith and the Bible, but which, even if true, are needless, seeing that the public and authorized standards of the Church are fully sufficient for the purposes for which such formularies were introduced — namely, as public testimonies of our faith and practice, as aids to the teaching of the people truth and righteousness, and as instruments for ascertaining and preserving the unity of the Spirit in the bonds of peace, it being under- stood that we do not object to the use of a brief abstract of the doctrines of our Confession of Faith in the public reception of private members of the Church. 4. The' needless ordination of a multitude of men to the office of evan- gelist, and the consequent tendency to a general neglect of the pastoral office, frequent and hurtful changes of pastoral relations, to the multipli- cation of spurious excitements and the consequent spread of heresy and fanaticism, thus weakening and bringing into contempt the ordinary and stated agents and means for the conversion of sinners and the edification of the body of Christ. 5. The disuse of the office of ruling elder in portions of the Church, and the consequent growth of practices and principles entirely foreign to our system, thus depriving the pastors of needful assistants in discipline, the people of proper guides in Christ, and the churches of suitable representa- tives in the ecclesiastical tribunals. 6. The unlimited and irresponsible power assumed by several associa- tions of men under various names to exercise authority and influence, direct and indirect, over Presbyteries, as to their field of labor, place of residence and mode of action in the difficult circumstances of our Church, thus actually throwing the control of affairs in large portions of the Church, and sometimes in the General Assembly itself, out of the hands of the Presbyteries into those of single individuals or small committees located at a distance. The Assembly also considered that part of the report of the Committee on the Memorial which relates to church order, and the following specifica- tion of irregularity was referred to the Committee on Bills and Overtures, who were instructed to bring in an overture on the subject to be sent down to the Presbyteries, viz. : 232 FORM OF GOVERNMENT. 8. A progressive change in the system of presbyterial representation in the General Assembly, which has been persisted in by those holding the ordinary majorities, and carried out into detail by those disposed to take undue advantage of existing opportunities, until the actual representation seldom exhibits the true state of the Church, and many questions of the deepest interest have been decided contrary to the fairly-ascertained wishes of the majority of the Church and people in our communion, thus virtually subverting the essential principles of freedom, justice and equality on which our whole system rests. — 1837, p. 471. [For testimonies of the Assembly against slavery, intemperance, vice and immorality, see under Book of Discipline, chap, i., sec. iii., at large.] 10. Power of the Assembly in Discipline. — Definitions and Lim- itations. [The following paper is inserted here as containing a very clear and probably undisputed statement of the power of the Assembly in dealing with any great moral evil similar in character or circumstance to that which called it forth.] Report of the Committee on the Constitutional Power of the General Assembly over the Subject of Slave-holding in our Churches. The report of the Committee was adopted, and is as follows : The Committee appointed by the last General Assembly " to report tc the next Assembly on the constitutional power of the Assembly over the subject of slave-holding in our churches," respectfully submit the follow- ing report : It should be observed at the outset that the Committee are instructed to report on but a single point — that of " power." The question before them is not what it may be wise for the Assembly to do, not what in a particular case or in general (authority being presupposed) would be for edification, but what is the "power of the Assembly in the matter of biave-holding ?" This is a question which can be determined only by ref- erence to our form of government. The "power" on which we are to report is fitly designated as " constitutional." We are a constitutional body. No judicatory of our Church has any legitimate functions save those which, either expressly or by clear implication, the Constitution con- fers. Emphatically should this be said of our highest judicatory, in view of the tendency of human nature in ecclesiastical connections to a grasping and tyrannous centralism. The one-man power at Rome is hardly more abhorrent to the genius of Presbyterianism than would be a many-headed papacy under the name and form of a General Assembly. It should be remembered also that as a visible Church or particular denomination our. Constitution is the sole bond of our union. We are united, externally and formally, only as that unites us. That, of course, must measure and limit the responsibility for each other which grows out of our union. No one part of our body can be held answerable for the evils in another which, by the terms of our confederation, it has no power to reach. Their sole concern is with the relations of the Assembly to the matter. To de- termine this point, we have only to ascertain what are the constitutional powers of that body in respect to disciplinable offences generally. Its functions in this regard, we judge, are of two kinds — advisory and authoritative ; and between these there should be a careful discrimination. The advisory function of the Assembly is of very wide scope. Accord- ing t) the Form of Government, chapter xii., section v., they have the OF THE GENERAL ASSEMBLY. 233 power of ■ reproving, warning or bearing testimony against error in doc- trine or immorality in practice in any church, Presbytery or Synod," and " of recommending . . . reformation of manners . . . through all the churches under their care." This function of reproof may be exercised in reference to any evil grave enough to call for it. Nor is it an unim- portant function. The testimony of such a body as the General Assem- bly, especially if unanimously given, must needs have great weight. It has indeed only a moral influence. It is not authoritative. It binds no other body, not even a succeeding Assembly. It binds no individual, yet cases are not unfrequent in which a moral influence of this sort, if not the only one that could be employed, is the most efficacious. It has greater power over the conscience often than the most stringent exercise of bare authority. As respects the authoritative function of the Assembly, or its power of discipline, that, we judge, can only be exercised in the forms and methods marked out in the constitution. It is by no means coextensive with its testifying power. As counsel or testimony has only a moral force, the manner in which it shall be put forth is wisely left to the discretion of the Assembly. Not so with discipline. Concerning, as it does, the dearest rights and interests, it is of the highest importance that the mode of its exercise should be particularly prescribed. So we find it in our Form of Government. Every step is distinctly set forth, and the greatest care taken to guard all concerned against mistake and abuse. Nor is any exception made as to any particular class of offences. If slave-holding is in any case to be dealt with as a disciplinable matter, it must be in some one of the ways explicitly authorized in the Constitution. The methods in which the authoritative action of the Assembly may be invoked, as appears from the seventh chapter of the Book of Discipline, are four : By reference, by appeal, by complaint, and — to state the last, which, in the Book of Discipline, comes first — by general review and con- trol. The three processes first named do not, of course, originate in the Assembly. Their inception is in a lower judicatory. In one or another of them, it is presumed, most of the matters which call for disciplinary action on the part of the highest judicatory will in due time come before it. There is, however, a possibility of neglect in this regard, and for such a contingency our Constitution — framed with a wisdom best appreciated by those who have most thoroughly studied it — has made a specific pro- vision. This provision is found in the section on " General Review and Control." See Book of Discipline, chap, vii., sec. i. Under this section there are two methods in which any disciplinable offence — and slaveholding, of course, when it assumes that character — may be reached authoritatively by the Assembly. (1.) It may appear from the records of a Synod, as submitted for inspection, that there has been some wrong-doing or culpable omission in the matter. A case may have been incorrectly decided or refused a hearing. Or it may be obvi- ous that the records of some Presbytery have not, according to articles ii. and iii. of this section, been properly disposed of. Or it may appear that the duty enjoined in article vi., that of citing a lower judicatory in a given contingency, has been entirely neglected. In cases of this sort there may be " animadversion or censure," or, according to article iii., the Synod " may be required to review and correct its proceedings." (2.) "Any important delinquency or grossly unconstitutional proceedings," not ap- parent from the records, may yet be charged against a Synod "by com- mon fame." It may be reported, for example, that, through some neglect of the Synod, "heretical opinions or corrupt practices" are "allowed to 30 234 FORM OF GOVERNMENT. gain ground," or that " offenders of a very gross character" are "suffered to escape." See articles v. and vi., of this same section. In such case, provided the rumor is of the character specified in the Book of Discipline, chap, iii., sec. v. — for a process against a Synod should certainly not be commenced on slighter grounds than against an individual — the Assembly "is to cite the judicatory alleged to have offended to appear at a specified time and place, and to show what it has done, or failed to do, in the case in question ; after which the judicatory thus issuing the citation shall re- mit the whole matter to the delinquent judicatory, with a direction to "take it up and dispose of it in a constitutional manner, or stay all fur- ther proceedings in the case, as circumstances may require." See Book of Discipline, chap, vii., sec. i., art. vi. In view of the aforenamed and other provisions of our Form of Gov- ernment touching the authority of the Assembly, two things are to be carefully noted : 1. It has no power to commence a process of discipline with an individ- ual offender. That, by a just and wise arrangement, belongs to the Ses- sion in the case of a layman, to the Presbytery in the case of a minister. The disciplinary function of the Assembly as to individuals is simply ap- pellate and revisionary. It is not the court of first, but of last, resort. 2. In the way of "general review and control," it can reach directly only the judicatory next below — that is, the Synod. (See Book of Dis- cipline, chap, vii., sec. i., art. vi.) Indirectly, indeed, the doings of other bodies may be involved. A session may grossly neglect discipline, for ex- ample, and the recorded indication or the common fame thereof may not be properly heeded by the Presbytery. The fruit of this heedlessness, or the evidence of it in the Presbyterial records, may call forth no appropri- ate action on the part of the Synod; and this may be brought by the Synoclical records or by general rumor to the knowledge of the Assembly. On the ground of either the record or the rumor, the Assembly may cite the Synod before them. Thus mediately may even a Session be reached, but not directly. Such are the metes and bounds which our Form of Government has prescribed, and which the Assembly may not overpass. It is quite possi- ble that in connection with them offenders of various sorts may sometimes escape. To a human administration, of however divine a system, imper- fection always pertains. Our Book of Discipline, indeed (chap, iii., sec. iii.), distinctly recognizes a class of cases in which, " however grievous it may be to the pious to see an unworthy member in the church, it is proper to wait until God in his righteous providence shall give further light." Waiting may be rendered necessary by a lack of fidelity on the part of the lower judicatories, as well as by a lack of evidence. We speak of it, of course, not as an actual, but only as a supposable, case. And it may seem to some a great evil that the General Assembly is not invested with larger powers. Yet it would be a greater evil to allow any departure from the carefully devised process of discipline set forth in the Constitution. To'permit the Assembly to adopt at its pleasure new processes, to suit its own powers to real or fanciful exigencies, would not only invest it with legislative functions, but would virtually annul the Constitution, and transform the highest judicatory of the Church into an overshadowing ecclesiastical despotism. It has indeed been urged, though we see not with what reason, that the advisory function of the Assembly, or its power of bearing testimony, im- plies the authority necessary to enforce that testimony. Is there, then, no just and salutary distinction between persuasion and compulsion ? Must OF THE GENERAL ASSEMBLY. 235 the two be ever conjoined ? Are there no cases in which a simple moral power may, in the nature of things, be most potent ? Must the Assembly utter no counsels which are not to be interpreted as mandatory and co- ercive ? If they may enforce all their couusels, how are they to do it ? By processes which they themselves devise — extra constitutional processes? Or are they to be held to the provisions of the Book of Discipline ? They have, it is true, the right according to the Form of Government, chap, xii., sec v., of "attempting" as well as "recommending reformation of manners." But the attempt must be made, if discipline is to be involved, only in the method prescribed in the Constitution. To all desirable ends the Committee believe that method will be found adequate, especially as connected with that testifying and reproving function so often exercised in time past, and which, by a body like the Assembly, can never be wisely exercised but with salutary results. — 1856, pp. 197-201, N. S. 11. On the Outbreak of the Civil War— Testimony of the Assembly. The Assembly resumed the consideration of the report of the Special Committee on the State of the Country. The report was amended, adopted, and is as follows: Whereas, A portion of the people of the United States of America have risen up against the rightful authority of the government, have instituted what they call the " Confederate States of America," in the name and de- fence of which they have made war against the United States, have seized the property of the Federal Government, have assailed and overpowered its troops engaged in the discharge of their duty, and are now in armed rebellion against it, the General Assembly of the Presbyterian Church of the United States of America cannot forbear to express their amazement at the wickedness of such proceedings, and at the bold advocacy and de- fence thereof not only in those States in which ordinances of " secession " have been passed, but in several others ; and Whereas, The General Assembly, in the language of the Synod of New York and Philadelphia on the occasion of the Revolutionary war, "being met at a time when public affairs wear so threatening an aspect, and when (unless God in his sovereign providence speedily prevent it) all the hor- rors of civil war are to be apprehended, are of opinion that they cannot discharge their duty to the numerous congregations under their care with- out addressing them at this important crisis; and as a firm belief and habitual recollection of the power and presence of the living God ought at all times to possess the minds of real Christians, so in seasons of public calamity, when the Lord is known by the judgments which he executeth, it would be an ignorance or indifference highly criminal not to look up to him with reverence, to implore his mercy by humble and fervent prayer, and if possible, to prevent his vengeance by unfeigned repentance ;" there- fore, Resolved, 1. That inasmuch as the Presbyterian Church in her past.his- tory has frequently lifted up her voice against oppression, and has shown herself a champion of constitutional liberty, as against both despotism and anarchy throughout the civilized world, we should be recreant to our high trust were we to withhold our earnest protest against all such unlawful and treasonable acts. Resolved, 2. That this Assembly and the churches which it represents cherish an undiminished attachment to the great principles of civil and religious freedom on which our National Government : ts based, under the 236 FORM OF GOVERNMENT. influence of which our fathers prayed and fought and bled, which issued in the establishment of our independence, and by the preservation of which we believe that the common interests of evangelical religion and civil liberty will be most effectively sustained. Resolved, 3. That inasmuch as we believe, according to our Form of Government, that " God, the supreme Lord and King of all the world, hath ordained civil magistrates to be, under him, over the people for his own glory and the public good, and to this end hath armed them with the power of the sword for the defence and encouragement of them that are good and for the punishment of evil-doers," there is, in the judgment of this Assembly, no blood or treasure too precious to be devoted to the de- fence and perpetuity of the government in all its constitutional authority. Resolved, 4. That all those who are endeavoring to uphold the Constitu- tion and maintain the government of these United States in the exercise of its lawful prerogatives, are entitled to the sympathy and support of all Christian and law-abiding citizens. Resolved, 5. That it be recommended to all our pastors and churches to be instant and fervent in prayer for the President of the United States and all in authority under him, that wisdom and strength may be given them in the discharge of their arduous duties ; for the Congress of the United States ; for the Lieutenant-General commanding the Army-in- Chief, and all our soldiers, that God may shield them from danger in the hour of peril, and by the outpouring of the Holy Spirit upon the army and navy renew and sanctify them, so that whether living or dying they may be the servants of the Most High. Resolved, 6. That in the countenance which many ministers of the gos- pel and other professing Christians are now giving to treason and rebel- lion against the government, we have great occasion to mourn for the in- jury thus done to the kingdom of the Redeemer, and that, though we have nothing to add to our former significant and explicit testimonials on the subject of slavery, we yet recommend our people to pray more fer- vently than ever for the removal of this evil and all others, both social and political, which lie at the foundation of our present national difficulties. Resolved, 7. That a copy of these resolutions, signed by the officers of the General Assembly, be forwarded to his Excellency, Abraham Lincoln, President of the United States. Immediately upon the adoption of this report the Assembly united in fervent prayer for the country and its rulers. — 1861, p. 446, N. S. 12. Resolutions on the State of the Country, and Letter to the President of the United States. The Special Committee on the State of the Country presented their report, which was adopted, and is as follows : a. The Special Committee on the State of the Country submit the fol- lowing preamble and resolutions : Whereas, This General Assembly is called, in the providence of God, to hold its deliberations at a time when a wicked and fearful rebellion is threatening to destroy the fair fabric of our government, to lay waste our beloved country, and to blight and ruin, so far as the present life is con- cerned, all that is most dear to us as Christians ; and Whereas, As a branch of the Christian Church Presbyterians have ever been found loyal and the friends of good order, believing as they do that civil government is "ordained of God," that "the magistrate is the minis- ter of God for good," that " he beareth not the sword in vain," and they OF THE GENERAL ASSEMBLY. 237 are therefore "subject" to this ordinance of God, "not only for wrath," or under the influence of fear, " but also for conscience' sake," or under the influence of moral and Christian principle ; and Whereas, The particular Church whose representatives we are, and in whose behalf we are now and here called to act, have inscribed upon our banner " The Constitutional Presbyterian Church," having never favored secession or nullification, either in Church or State, deem it quite becoming and proper in us to express ourselves, with great Christian sin- cerity and frankness, on those matters which now agitate our country. Therefore, Resolved, 1. That we deem the government of these United States the most benign that has ever blessed our imperfect world ; and should it be destroyed after its brief career of good, another such in the ordinary course of human events can hardly be anticipated for a long time to come, and for these reasons we revere and love it as one of the great sources of hope, under God, for a lost world ; and it is doubly dear to our hearts, because it was procured and established by the toil and sacri- fices and blood of our fathers. Resolved, 2. That rebellion against such a government as ours, and espe- cially by those who have ever enjoyed their full share of its protection, honors and rich blessings of every name, can have no excuse or pallia- tion, and can be inspired by no other motives than those of ambition and avarice, and can find no parallel, except in the first two great rebellions — that which assailed the throne of heaven directly, and that which peopled our world with miserable apostates. Resolved, 3. That whatever diversity of sentiment may exist among us respecting international wars or an appeal to the sword for the settlement of points of honor or interest between independent nations, we are all of one mind on the subject of rebellion, and especially against the best gov- ernment which God has yet given to the world ; that our vast army now in the field is to be looked upon as one great police force, organized to carry into effect the constitution and laws which the insurgents, in com- mon with other citizens, have ordained by their own voluntary acts, and which they are bound by honor and oath and conscience to respect and obey, so that the strictest advocates of peace may bear an active part in this deadly struggle for the life of the government. Resolved, 4. That while we have been utterly shocked at the deep depravity of the men who have planned and matured this rebellion, and who are now clad in arms, manifested in words and deeds, there is another class found in the loyal States who have excited a still deeper loathing — some in Congress, some high in civil life, and some in the ordinary walks of business, who never utter a manly thought or opinion in favor of the government, but they follow it, by way of comment, with two or three smooth apologies for Southern insurrectionists, presenting the difference between an open and avowed enemy in the field and a secret and insidious foe in the bosom of our own family. Resolved, 5. That, in our opinion, this whole insurrectionary movement can be traced to one primordial root, and to one only, African slavery and the love of it and a determination to make it perpetual, and while we look upon this war as having one grand end in view, the restoration of the Union by crushing out the last living and manifested fibre of rebellion, we hold that everything, the institution of slavery, if need be, must be made to bend to this one great purpose, and while under the influ- ence of humanity and Christian benevolence we may commiserate the con- dition of the ruined rebels, once in fraternity with ourselves, but now, 238 FORM OF GOVERNMENT. should the case occur, despoiled of all that makes the world dear to them we must be at the same time constrained to feel that the retribution has been self-inflicted, and must add, " Fiatjustitia mat ccelum." Resolved, 6. That we have great confidence in Abraham Lincoln, Presi- dent of the United States, and in his Cabinet, and in the commanders of our armies and our navy, and the valiant men of this Republic, prose- cuting a holy warfare under their banners ; and while we bless God that he has stood by them and cheered them on in what we trust will ever stand as the darkest days of our country's humiliation, and crowned them with many signal victories, and knowing that ultimate success is with God alone, we will ever pray that the last sad note of anarchy and mis- rule may soon die away, and the old flag of our country, radiant with stripes and brilliant with stars, may again wave over a great and undi- vided and happy people. Resolved, 7. That we here, in deep humiliation for our sins and the sins of the nation, and in heartfelt devotion, lay ourselves, with all that we are and have, on the altar of God and our country ; and we hesitate not to pledge the churches and Christian people under our care as ready to join with us in the same fervent sympathies and united prayers that our rulers in the Cabinet, and our commanders in the held and on the waters, and the brave men under their leadership, may take courage under the assurance that "The Presbyterian Church in the United States of America" are with them, in heart and hand, in life and effort, in this fearful existing conflict. Resolved, finally, That a copy of these Resolutions, signed by the officers of the General Assembly, be forwarded to his Excellency, Abraham Lincoln, President of the United States, accompanied by the following respectful letter : To the President of the United States : The General Assembly of the Presbyterian Church, holding its annual sessions in the city of Cincinnati, Ohio, in transmitting the accompanying resolutions, beg leave most respectfully to express to your Excellency, in a more personal manner, the sentiments of our Church, in reference to yourself and the great issues with which you are called to deal. It is with no desire to bring a tribute of flattery when we assure you, honored sir, of the affection and the confidence of our Church. Since the day of your inauguration, the thousands of our membership have followed you with unceasing prayer, besieging the Throne of heaven in your behalf. In our great church courts, in our lesser judicatories, in our weekly assem- blages in the house of God, at our family altars, in the inner place of prayer, you have been the burden of our hourly petitioning. When we look at the history of your administration hitherto, and at the wonderful way in which this people have been led under your guidance, we glorify God in you. We give praise, not to man, but to God. In your firmness, your integrity, challenging the admiration of even our enemies, your moderation, your wisdom, the timeliness of your acts, exhibited at critical junctures, your paternal words, so eminently fitting the chosen head of a great people, we recognize the hand and the power of God ; we devoutly and humbly accept it as from him, an answer to the innumerable, prayers which have gone up from our hearts. We desire, as a Church, to express to you our reverence, our love, our deep sympathy with you in the greatness of yourtrust, and in the depth of your personal bereavements ; and to pledge you, as in the past, so in all OF THE GENERAL ASSEMBLY. 239 the future, our perpetual remembrance of you before God, and all the support that loyal hearts can offer. We have given our sons to the army and navy ; some of our ministers and many of our church-members have died in hospital and field ; we are glad that we gave them, and we exult in that they were true even to death. We gladly pledge as many more as the cause of our country may demand. We believe that there is but one path before this people : this gigantic and inexpressibly wicked rebellion must be destroyed; the interests of hu- manity, the cause of God and his Church, demand it at our hands. May God give to you his great support, preserve you, impart to you more than human wisdom, and permit you ere long to rejoice in the deliverance of our beloved country in its peace and unity. Immediately upon the adoption of this report the Assembly united in fervent prayer for the country, the President and all the officers of the government, and for the success of our arms in suppressing the rebellion and restoring the blessings of peace. The following preamble and resolutions were adopted : In view of the great demand that is laid upon the practical beneficence of the country, in behalf especially of the sick and wounded soldiers of our army, by the present rebellion, it is thought to be not inappropriate — nay, peculiarly in keeping with the spirit and example of the great Head of the Church — that such action should be taken by this Assembly as shall awaken an increased interest in this good cause throughout all the churches and communities which we represent. Much, doubtless, has been done for the soldier in every loyal portion of the country, but facts here brought immediately before our eyes show that those sections farther removed from the seats of war do not yet appreciate the importance and the vastness of this work, as it is felt and nobly borne by this and other cities of the West. And yet even here, where the terri- ble fruits of Fort Donelson and Pittsburg Landing have been so abun- dantly seen, it is believed that only a mere beginning has been made, in comparison with the sanitary relief that will be demanded during the months to come. The warm weather of summer is now approaching, and the thousands of brave men who will be prostrated by sickness will doubt- less lay a claim upon the sympathy and effort of the churches and the country such as we have never known before. In consideration of these facts, and the whole subject before us, Be it resolved by this Assembly, 1. That the present struggle for the preservation of our common country is one in which it is the privilege, as well as the duty, of all patriotic men of whatever section to bear as nearly as may be an equal part ; and that, especially in the work of caring for the sick and wounded, the vast degrees of local interest should be extended and made universal ; and that the efforts which are put forth at points nearer the actual scenes of suffering should be fully emulated by every community over which the flag of our Union is permitted to float. 2. That no form of beneficence in this eventful time can be more needed, and more fruitful of sure and perceptible relief, than that which provides for the health and comfort of the soldiers who crowd our hospitals, and still more those whom it is impossible to remove from the distant battle- fields. 3. That the Assembly earnestly recommend to all our Presbyteries and churches the United States Sanitary Commission, an efficient branch of which exists in this city, as the very best channel through which to reach the sick and wounded of the army. It is thoroughly organized, possessed 240 FORM OF GOVERNMENT. of all needful facts, and now acting with that system and economy which only an enlarged experience can secure. — 1862, pp. 23-27, N. S. b. [The following was adopted by yeas 206, nays 20 :] The paper is as follows : The General Assembly of the Presbyterian Church in the United States of America, now in session at Columbus, in the State of Ohio : Considering the unhappy condition of the country in the midst of a bloody civil war, and of the Church agitated everywhere, divided in sen- timent in many places and openly assailed by schism in a large section of it ; considering, also, the duty which this chief tribunal, met in the name and by the authority of the glorified Saviour of sinners, who is also the sovereign Ruler of all things, owes to him, our Head and Lord, and to his flock committed to our charge, and to the people whom we are commis- sioned to evangelize, and to the civil authorities who exist by his appoint- ment, do hereby in this deliverance give utterance to our solemn convic- tions and our deliberate judgment touching the matters herein set forth, that they may serve for the guidance of all over whom the Lord Christ has given us any office of instruction or any power of government. I. Peace is amongst the very highest temporal blessings of the Church, as well as of all mankind, and public order is one of the first necessities of the spiritual as well as the civil commonwealth. Peace has been wick- edly superseded by war in its worst form throughout the whole land, and public order has been wickedly superseded by rebellion, anarchy and vio- lence in the whole Southern portion of the Union. All this has been brought to pass in a disloyal and traitorous attempt to overthrow the national government by military force, and to divide the nation contrary to the wishes of the immense majority of the people of the nation, and without satisfactory evidence that the majority of the people in whom the local sovereignty resided, even in the States which revolted, ever author- ized any such proceeding, or ever approved the fraud and violence by which this horrible treason has achieved whatever success it has had. This whole treason, rebellion, anarchy, fraud and violence is utterly con- trary to the dictates of natural religion and morality, and is plainly con- demned by the revealed will of God. It is the clear and solemn duty of the national government to preserve, at whatever cost, the national Union and Constitution, to maintain the laws in their supremacy, to crush force by force, and to restore the reign of public order and peace to the entire nation, by whatever lawful means that are necessary thereunto. And it is the bounden duty of the people who compose this great nation, each one in his several place and degree, to uphold the Federal government, and every State government, and all persons in authority, whether civil or military, in all their lawful and proper acts, unto the end hereinbefore set forth. II. The Church of Christ has no authority from him to make rebellion, or to counsel treason, or to favor anarchy, in any case whatever. On the contrary, every follower of Christ has the personal liberty bestowed on him by Christ to submit for the sake of Christ, according to his own con- scientious sense of duty, to whatever government, however bad, under which his lot may be cast. But while patient suffering for Christ's sake can never be sinful, treason, rebellion and anarchy may be sinful — most generally, perhaps, are sinful — and probably are always and necessarily sinful in all free countries where the power to change the government by voting in the place of force, which exists as a common right, constitution- ally secured to the people who are sovereign. If in any case treason, rebellion and anarchy can possibly be sinful, they are so in the case now OF THE GENERAL ASSEMBLY. 241 desolating large portions of this nation, and laying waste great numbers of Christian congregations, and fatally obstructing every good word and work in those regions. To the Christian people scattered throughout those unfortunate regions, and who have been left of God to have any hand in bringing on these terrible calamities, we earnestly address words of exhor- tation and rebuke, as unto brethren who have sinned exceedingly, and whom God calls to repentance by fearful judgments. To those in like circumstances who are not chargeable with the sins which have brought such calamities upon the land, but who have chosen, in the exercise of their Christian liberty, to stand in their lot and suffer, we address words of affectionate sympathy, praying God to bring them off conquerors. To those in like circumstances who have taken their lives in their hands and risked all for their country and for conscience' sake, we say we love such with all our heart, and bless God such witnesses were found in the time of thick darkness. We fear, and we record it with great grief, that the Church of God and the Christian people, to a great extent, and through- out all the revolted States, have done many things that ought not to have been done and have left undone much that ought to have been done in this time of trial, rebuke and blasphemy ; but concerning the wide schism which is reported to have occurred in many Southern Synods this Assem- bly will take no action at this time. It declares, however, its fixed pur- pose, under all possible circumstances, to labor for the extension and the permanent maintenance of the Church under its care in every part of the United States. Schism, so far as it may exist, we hope to see healed. If that cannot be, it will be disregarded. III. We record our gratitude to God for the prevailing unity of senti- ment and general internal peace which have characterized the Church in the States that have not revolted, embracing a great majority of the minis- ters, congregations and people under our care. It may still be called with emphasis a loyal, orthodox and pious Church, and all its acts and works indicate its right to a title so noble. Let it strive for divine grace to maintain that good report. In some respects the interests of the Church of God are very different from those of all civil institutions. Whatever may befall this or any other nation, the Church of Christ must abide on earth, triumphant even over the gates of hell. It is, therefore, of supreme importance that the Church should guard itself from internal alienations and divisions founded upon questions and interests that are external as to her, and which ought not by their necessary workings to cause her fate to depend on the fate of things less important and less enduring than herself. Disturbers of the Church ought not to be allowed, especially disturbers of the Church in States that never revolted or that have been cleared of armed rebels — disturbers who, under many false pretexts, may promote discontent, disloyalty and general alienation, tending to the unsettling of ministers, to local schisms and to manifold trouble. Let a spirit of quietness, of mutual forbearance and of ready obedience to authority, both civil and ecclesiastical, illustrate the loyalty, the orthodoxy and the piety of the Church. It is more especially to ministers of the gospel, and amongst them, particularly to any whose first impressions had been on any account favorable to the terrible military revolution which has been attempted, and which God's providence has hitherto so singularly rebuked, that these decisive considerations ought to be addressed. And in the name and by the authority of the Lord Jesus we earnestly exhort all who love God or fear his wrath to turn a deaf ear to all counsels and suggestions that tend toward a reaction favorable to disloyalty, schism or disturbance either in the Church or in the country. There is hardly anything more inexcusable 31 242 FORM OF GOVERNMENT. connected with the frightful conspiracy against which we testify than the conduct of those office-bearers and members of the Church who, although citizens of loyal States and subject to the control of loyal Presbyteries and Synods, have been faithless to all authority, human and divine, to which they owed subjection. Nor should any to whom this deliverance may come fail to bear in mind that it is not only their outward conduct concerning which they ought to take heed, but it is also and especially their heart, their temper and their motives in the sight of God, and toward the free and beneficent civil government which he has blessed us withal, and to- ward the spiritual commonwealth to which they are subject in the Lord. In all these respects we must all give account to God in the great day. And it is in view of our own dread responsibility to the Judge of quick and dead that we now make this deliverance. — 1862, pp. 624, 625. O. S. c. The General Assembly of 1861 adopted a minute on the state of the Church and the country. The Assembly of 1862 uttered a more formal and comprehensive deliverance. In the mean time, a certain number, per- haps the larger portion, of the Presbyteries and Synods, have expressed their judgment on the same subject. This General Assembly is per- suaded that the office-bearers and members of this Church within the Presbyteries represented here are in a remarkable degree united in a strict and true allegiance to the Constitution and government of the United States, and that they are, as a body, loyal both to the Church and the civil government as ordinances of God. This General Assembly contents itself on that part of the subject by enjoining upon all the people of God who acknowledge this Church as their Church to uphold, according as God shall give them strength, the authority of the Constitution and laws of the land in this time of supreme national peril. But this Assembly would most distinctly and solemnly inculcate upon all its people the duty of humbly confessing before God the great unworthiness and the many sins of the people of this land, and of acknowledging the holiness and justice of the Almighty in the present visitation. He is righteous in all his ways and holy in all his works. We exhort our brethren to seek the gift of the Holy Ghost by prayer and confession and repentance, so that the anger of the Lord may be turned away from us, and that the spirit of piety may become not less predomi- nant and vital in the churches than the spirit of an awakened patriotism. And this Assembly, connecting the experience of our present trials with the remembrance of those through which the Church has passed, does now recall and adopt the sentiments of our fathers in the Church of Scotland, as these are expressed in substance in the Solemn League and Covenant of 1643 : " And because the people of this land are guilty of many sins and provocations against God and his Son Jesus Christ, as is manifest by our present distresses and dangers, the fruits thereof, we pro- fess and declare before God and the world our unfeigned desire to be humbled for our own sins and the sins of the people, especially that we have not as we ought valued the inestimable benefit of the gospel, nor labored for the purity and power thereof; and that we have not as we ought en- deavored to receive Christ in our hearts, nor to walk worthy of him in our lives, which are the cause of other sins and transgressions so much abounding among us ; and our true and unfeigned purpose, desire and endeavor for ourselves, and all others under our charge, both in public and private, in all duties we owe to God and man, to amend our lives, and each one to go before another in the example of a real reformation, that the Lord may turn away his wrath and heavy indignation, and establish the Church and the land in truth and peace." — 1863, p. 60, O. S. OF THE GENERAL ASSEMBLY. 243 13. Duty of Citizens to Support "the Federal Administration," as being quoad hoc " the Government." [Keferring to its previous action the Assembly affirms its continuance in the views there expressed, and inter alia declares :] First. That civil government is ordained of God, and that submission to a lawful government and to its acts in its proper sphere is a duty bind- ing on the conscience, and required by all the principles of our religion as a part of our allegiance to God. Second, That while there is in certain respects a ground of distinction between a government, considered as referring to the constitution of a coun- try, and an administration, considered as referring to the existing agencies, through which the principles and provisions of the Constitution are ad- ministered, yet the government of a country, to which direct allegiance and loyalty are due at any time, is the administration duly placed in power. Such an administration is the government of a nation, having a right to execute the laws and to demand the entire, unqualified and prompt obedience of all who are under its authority, and resistance to such a gov- ernment is rebellion and treason. Third, That the present administration of the United States, duly elected under the Constitution, is the government in the land, to which alone, under God, all the citizens of this nation owe allegiance ; who, as such, are to be honored and obeyed, whose efforts to defend the govern- ment against rebellion are to be sustained, and that all attempts to resist or set aside the action of the lawfully-constituted authorities of the gov- ernment in any way, by speech or action, to oppose or embarrass the measures which it may adopt to assert its lawful authority, except in accordance with the forms prescribed by the Constitution, are to be re- garded as treason against the nation, as giving aid and comfort to its enemies and as rebellion against God. Fourth, That in the execution of the laws it is the religious duty of al] good citizens promptly and cheerfully to sustain the government by every means in their power, to stand by it in its peril, and to afford all needful aid in suppressing insurrection and rebellion, and restoring obedience to lawful authority in every part of the land. — See in full, 1863, pp. 242- 245, N. S. 14. Resolutions Upholding the Civil Authority. Whereas, The iniquitous rebellion, prompted by reckless ambition, in the defence and furtherance of human slavery, continues to lift itself against the liberal and legitimate government of "the United States; and, Whereas, Such rebellion not only violates the sacred principle of obe- dience to the authorities ordained of God, but also directly advocates the hindrance of the free progress of God's holy word, and thus, as anti- Christ, opposes itself to the truth ; and, Whereas, Its aiders and abettors are responsible for the sea of blood that has been shed through their resistance to the righteous efforts of the government to save the life and integrity of the nation ; and, Whereas, It becomes the Church of Christ to utter no uncertain voice in regard to a grand public tact so intimately and essentially associated with its interests ; therefore, Resolved, 1. That this General Assembly heartily reaffirms the princi- ples and renews the declarations of previous General Assemblies, so far as applicable to the present aspect of public affairs. Resolved, 2. That we recognize clearly the good hand of our God in all 244 FORM OF GOVERNMENT. the victories of the national arms whereby the limits of the rebellion have been contracted and its vitality impaired, and we look humbly and confi- dently to the same divine source for further success, until the cause of the nation shall be vindicated and peace established on the grave of treason. Resolved, 3. That we also recognize the same good hand of our God in the disappointments and delays of the war, by which he has made more sure the complete destruction of the vile system of human bondage, and rendered less self-confident and more religious the heart of the nation. Resolved, 4. That in such recognition and hope we do by no means lose sight of our national and individual sins which render us so utterly unworthy of the divine favor, but confess them with penitent hearts, and trust to a covenant God in Christ Jesus that this unworthiness will not hinder the might of God's grace in behalf of the cause of right and order. Resolved, 5. That we exhort all our churches to renewed zeal and faith- fulness in supplication to God for the deliverance of the land, and the prosperity of Christ's kingdom, through the blessings of national peace and fraternity. Resolved, 6. That we cordially uphold the government with our sym- pathies and prayers in its energetic efforts for the suppression of this most causeless and cruel rebellion, and urge all Christians to refrain from weak- ening the authority of the administration by ill-timed complaints and unnecessary criticisms, fully believing that in such a crisis all speech and action which tend to difference should be studiously avoided for the sake of the common weal. Resolved, 7. That a copy of these resolutions, duly authenticated, be transmitted to the President of the United States. — 1864, p. 466, N. S. 15. Upon the Assassination of President Lincoln. The following report was adopted unanimously: a. This General Assembly, recognizing the special providence of Al- mighty God, the Ruler of nations and Redeemer of men, in all the events connected with the terrible civil war which for four years has desolated our land, would here record our devout thanksgiving and gratitude to Him by whom "kings reign and princes decree justice" for his divine favor to us as a nation, in filling the hearts of the loyal people of these United States with an inextinguishable love for our national Union and an unconquerable resolution to preserve it; in raising up a mighty host of valiant men, ready to give their lives in defence of our national gov- ernment; in blessing the various departments of that government in their work of organizing, equipping and maintaining, throughout the entire conflict, our vast army and navy ; in providing leaders of wisdom, cour- age and skill suited for every emergency; in calling forth such unwonted benevolence in promoting the physical comfort and spiritual welfare of our soldiers and sailors and in bringing so many of them to a saving knowledge, as we trust, of the plan of salvation through a crucified Re- deemer; in bringing to confusion the counsels and overwhelming the power of our enemies ; and in crowning our arms with triumphant success. We would also render hearty thanks to almighty God that in this crisis of our nation's history he gave us, in Abraham Lincoln, a Chief Magistrate who acknowledged his dependence on him for wisdom and strength, and who eminently illustrated, in his life and character, the virtues of fidelity to official duty, integrity and uprightness, firmness of purpose, patient endurance, courage and hope in disaster, moderation in victory, sympathy with the suffering, and kindness to foes ; one who ex- hibited that wisdom, sagacity and mercy in administering the affairs of OF THE GENERAL ASSEMBLY. 245 the nation, which secured for him the confidence and esteem of friends, silenced the calumnies of enemies, and constrained from malignant op- posers and rebels expressions of respect and admiration, and which will cause his name and memory to be honored and revered by the pure and good in all time to come. While we deeply deplore the loss of such a Chief Magistrate, and bow in humble submission to that mysterious providence which permitted trea- son, as its culminating act of atrocity and wickedness, to terminate his life by the hand of an assassin, we would render devout thanksgiving to God that he was protected from all the machinations of his relentless enemies until he was permitted to see the power of the rebellion crushed, its strongholds repossessed, its conquered armies forced to surrender, the national honor, untarnished by acts of barbarism or cruelty, vindicated, the integrity of the Union preserved, that scheme of emancipation, which he had the wisdom to devise, and the courage to execute, made effective to the deliverance from bondage of four millions of slaves, for whose perpetual enslavement the rebellion was inaugurated, and peace, upon principles of righteousness and universal freedom, already dawning upon the land. In closing this record, we would invoke the divine blessing upon our present Chief Magistrate, and would ask for him the prayers of all Chris- tian people, that he may be endowed with the fear of God, and with the spirit of wisdom and of a sound mind, and be enabled, through wise coun- sels and by just and prudent measures, to secure to this nation the full enjoyment of that peace which has been obtained at the price of so much blood ; and we commend all our rulers and all the people to the gracious favor of Him who, by his recent providences, has given renewed assurance that, though " clouds and darkness are round about him, righteousness and judgment are the habitation of his throne." — 1865, p. 566, O. S. b. In the Assembly, N. S., the following was adopted: In the sad event which has clothed the nation in mourning, which has stricken down in the full maturity of his powers and the height of his usefulness one of the noblest of men, to whom it was given of God to ac- complish a work for this nation and the cause of humanity unsurpassed in the grandeur of its character and the magnitude of its issues by that of any of his most illustrious predecessors, we recognize the same wise providence which, looking far above our feeble vision, permitted the ex- istence of slavery and the rise of this rebellion, and which, in this last act of baffled and defeated despotism, has illustrated its debased and ma- lignant spirit so as to excite the loathing, horror and abhorrence of the world. In his life he struck the chains from the trembling limbs of millions, vindicated the rights of humanity, and illustrated the glory of a patriotism made strong and pure by devout confidence in God. In his death he touched the chords of sympathy deep in the heart of universal man, and won over to our holy cause every true lover of his race, every scul in which dwells the hope of freedom. To his bereaved widow and family this body would express our sympa- thy in this great affliction common to us all, but resting most heavily upon those so nearly allied to him, assuring them of our prayers that to them may be granted the consolations of the Comforter, and in them these trials may bring forth " the peaceable fruits of righteousness." — 1865, p 37, N. S. [See the deliverance in full, pp. 36-41.] 246 FOKM OF GOVERNMENT. 16. Powers of the Assembly in Denning and Determining -which are True and Lawful Judicatories. The report thus adopted is as follows : The Committee to whom were referred sundry papers relating to the divisions of the Synods of Kentucky and Missouri, and of the Presbyter- ies under their care, which has resulted in two sets of commissioners claiming seats in this General Assembly from several of these Presbyter- ies, and also sundry papers concerning the signers of a paper entitled a •' Declaration and Testimony," etc., together with the citation of the said signers, who were summoned by the last General Assembly to appear be- fore this present Assembly, beg leave to report : That they have had the matters committed to them under consideration, and have had full personal conference with the several claimants for seats, and recommend to the General Assembly for adoption the following pro- positions : I. The ecclesiastical judicatories hereinafter named are the true and lawful judicatories in connection with and under the care and authority of the General Assembly of the Presbyterian Church in the United States of America, namely : The Synod of Kentucky, which met at Henderson, Kentucky, in Octo- ber, 1866, and adjourned to meet, and did meet, in Lexington, Kentucky, in November, 1866, of which Synod the Rev. J. T. Lapsley is now the moderator and the Rev. S. S. McRoberts is the stated clerk, this Synod having under its care and authority, and within its ecclesiastical boundaries, the following Presbyteries — viz., the Presbytery of Louisville, of which the Rev. J. P. McMillan is now the moderator and the Rev. R. Valentine is the stated clerk ; the Presbytery of Ebenezer, of which the Rev. J. F. Hendy is now the moderator and the Rev. R. F. Caldwell is the stated clerk ; the Presbytery of West Lexington, of which the Rev. Stephen Yerkes, D. D., is now the moderator and the Rev. J. K. Lyle is the stated clerk ; the Presbytery of Transylvania, of which the Rev. G. J. Read is now the moderator and the Rev. S. S. McRoberts is the stated clerk ; the Presbytery of Muhlenburg, of which the Rev. A. D. Metcalf is now the moderator and the Rev. S. Y. Garrison is the stated clerk ; and the Presbytery of Paducah, of which the Rev. J. P. Riddle is now the moderator and the Rev. James Hawthorn is the stated clerk ; and these several Presbyteries having in their connection and under their care and authority and within their ecclesiastical boundaries respectively the ministers, churches, licentiates and candidates belonging to, and claiming to belong to, the Presbyterian Church in the United States of America. The foregoing described judicatories — namely, the Synod, Presbyteries and church sessions within their respective jurisdictions, are to be respected and obeyed as the true and only lawful judicatories possessing the names above recited within the State of Kentucky, which are in connection with and under the care and authority of- the General Assembly of the Pres- byterian Church in the United States of America ; and the commissioners sent to and enrolled in this General Assembly from the above described Presbyteries are true and lawful commissioners. The Synod of Missouri, which met at Boonville, Missouri, October 10, 1866, of which Synod the Rev. J. P. Finley was elected moderator and the Rev. J. A. Paige was elected the stated clerk, and which adjourned to meet in Kansas City on the second Wednesday in October, 1867, this Synod having under its care and authority, and within its ecclesiastical boundaries, the following Presbyteries, viz. — the Presbytery of St. Louis, OF THE GENERAL ASSEMBLY. 247 of which the Rev. J. F. Fenton is now the moderator and the Eev. H. C. McCook is the stated clerk ; the Presbytery of Palmyra, of which the Rev. A. Steed is now the moderator and the Rev. J. P. Finley is the stated clerk ; the Presbytery of Potosi, of which the Rev. G. W. Harland is now the moderator and the Rev. A. Munsen is the stated clerk; the Presby- tery of Lafayette, of which the Rev. Charles Sturdevant is now the modera- tor and the Rev. George. Fraser is the stated clerk ; the Presbytery of South- west Missouri, of which the Rev. Wm. R. Fulton is now the moderator and the Rev. James A. Paige is the stated clerk ; and the Presbytery of Upper Missouri, of which the Rev. Mr. Pinkerton is now the moderator and the Rev. W. C. McPheeters is the stated clerk ; and these several Presbyteries, having in their connection and under their care and author- ity and within their ecclesiastical boundaries respectively the ministers, churches, licentiates and candidates belonging to, and claiming to belong to, the Presbyterian Church in the United States of America. The above described judicatories — namely, the Synod, Presbyteries and church ses- sions within their respective jurisdictions — are to be respected and obeyed as the true and only lawful judicatories possessing the names above recited within the State of Missouri, which are in connection with and under the care and authority of the General Assembly of the Presbyter- ian Church in the United States of America ; and the commissioners sent to and enrolled in this General Assembly from the above described Pres- byteries are true and lawful commissioners. — 1867, p. 335. The re- mainder of the deliverance is omitted, in conformity with the action of the Assembly of 1873. 17. Case of the "Walnut Street Church, Louisville, Ky- The Assem- bly Passes upon the Validity of the Election of Ruling- Elders. a. The Committee on Bills and Overtures, to whom were referred the petition and memorial of Benjamin F. Avery, D. McNaughton, James A. Linch and Thomas J. Hackney, ruling elders in the Walnut Street Church in Louisville, praying for such redress as in the wisdom of the General Assembly may seem just and necessary to redress the grievances of said church, as set forth in said memorial and petition, report that they have considered the matter referred, and recommend the adoption of the fol- lowing : Whereas, On the second day of January last, D. McNaughton, Benja- min F. Avery and James A. Leech were elected ruling elders by the con- gregation of said church, and on the ninth day of January the said D. McNaughton was installed and Benjamin F. Avery and James A. Linch were duly ordained and installed ruling elders in said church ; And whereas, The Presbytery of Louisville, after the election of said ruling elders, with the apparent design of discrediting said election, de- nied to one of their number a seat in said Presbytery, notwithstanding he had been duly elected to represent said church at a meeting of said Pres- bytery; And whereas, It is evident that the peace of said church and their con- gregational rights are in great danger unless this Assembly shall interpose its authority, therefore this General Assembly, by virtue of its authority and obligation to give advice and instruction in all cases submitted to them, does truly declare that the said D. McNaughton, Benjamin F. Avery and James A. Leech are to be recognized and acknowledged as ruling elders in the said church, and all church courts and sessions, sub- ject to or under the care of this Assembly, are solemnly enjoined to respect and sustain their authority as such. 248 FORM OF GOVERNMENT. The report on this overture was adopted. — 1866, p. 54, O. S. A protest was entered against this, to which the Assembly reply : In answer to the protest of Mr. Bracken and others, in the case of the Walnut Street Church of Louisville, the Assembly declare that the election of new ruling elders in that church was ordered by the Synod of Ken- tucky, on a review of the whole case, upon memorial from the congrega- tion, and was conducted and consummated by the Committee appointed by the Synod with plenary powers, all of which is established by the attested records of the Synod of Kentucky, and of the Committee ap- pointed by that Synod, the premises meeting all the circumstances and requirements of the case. — 1866, p. 68, O. S. b. The General Assembly of 1866 adjudged that B. F. Avery, D. McNaughton and J. A. Leech had been duly elected and ordained as ruling elders in the Walnut Street Presbyterian Church, Louisville, Ky. It has now come to the knowledge of the Assembly that the court of appeals of Kentucky has uttered a judicial opinion in these words: " That the said order of the Synod directing said election of additional ruling elders in said church was contrary to the Constitution of the Pres- byterian Church, and not obligatory upon the session and congregation of said Walnut Street Church, and said Avery, McNaughton and Leech, not having been elected as ruling elders according to the laws and regu- lations of the Church, were not thereby constituted ruling elders, nor were they so constituted by said declaration of the General Assembly." Whereupon the Presbytery of Louisville adopted and published a pro- test against this decision of the judges. The Presbytery denies that it is competent for the secular tribunals to look into or to set aside the election of office-bearers in the Church ; or to revise the decisions of the spiritual courts in regard to such elections; or to define the jurisdiction of our church courts in matters purely spiritual ; or to go behind the judgments of the General Assembly upon questions of church government or disci- pline. The Presbytery, still further, in its said protest, declares this par- ticular decision of the secular tribunal to be an encroachment on religious liberty, and a violation of the principle which determines the independ- ence of the Church upon the State. Finally, the Presbytery declares that the ruling elders so attempted to be deprived of office are, before the law of this Church, still ruling elders therein, by a perfect ecclesiastical tenure. And now the General Assembly declares its full approval of the fidelity of the Presbytery of Louisville in this whole matter. We unite with the Presbytery in protesting against this encroachment on the liberties of a free Church. We approve the judgment of the Presbytery declaring their brethren to be ruling elders of the Walnut street congregation, the de- cision of the secular court to the contrary notwithstanding ; and we ex- press our satisfaction in recognizing among the commissioners now sitting in this Assembly the person of one of these ruling elders. The Assembly of 1867 carefully described and identified the Synod and the six Presbyteries in Kentucky which are in connection with the Gen- eral Assembly of the Presbyterian Church in the United States of Amer- ica. The present General Assembly deems it proper to reaffirm and declare anew at this time that the ecclesiastical position of this Synod and its Presbyteries remains as it was defined and settled by the last As- sembly (see Minutes of 1867, etc.), and thus are declared to be the true and only Synod and Presbyteries in connection with the General Assem- bly of this Church in the State of Kentucky. Still further, this Assembly expresses its sympathy with the churches in the Synod of Kentucky in the difficulties and trials into which they have OF THE GENERAL ASSEMBLY. 249 been brought by their adherence to the Presbyterian Church. We will aid them to the full extent of our ability in defending and protecting their church property. And we will encourage the people of God everywhere, under our charge, to contribute liberally to repair the pecuniary losses which may be sustained by their churches and schools of learning. We counsel these brethren also, on the one hand, to yield a cheerful obedience to the laws of the land, even to the extent of taking "joyfully the spoiling of their goods." But, on the other hand, we counsel the courts of the Church to continue to administer the spiritual government of Christ's house which is in their hands, always disregarding the judg- ments of the secular tribunals on questions which belong to the spiritual jurisdiction alone. It is the constant faith of this Church that civil magistrates may not assume to themselves " the powers of the keys of the kingdom of heaven, or in the least interfere in matters of faith ;" " and as Jesus Christ hath appointed a regular government and discipline in his Church, no law of any commonwealth should interfere with, let or hinder the due exercise thereof, among the voluntary members of any denomina- tion of Christians, according to their own profession and belief." (Con- fession of Faith, chap, xxiii.) The report was unanimously adopted. — 1868, p. 652, O. S. c. The report of the Committee on Bills and Overtures was amended and adopted, and is as follows : The various Presbyteries of the Synod of Kentucky respectfully call the attention of the General Assembly to the judicial decisions accom- panying this memorial, as follows : The first is a decision of the court of appeals in the State of Ken- tucky, in which the right of the civil courts to review and reverse the pro- ceedings and decisions of ecclesiastical courts on purely ecclesiastical mat- ters is directly maintained, and in pursuance of which it is adjudged that three ruling elders, whose election and ordination was ordered by the Synod of Kentucky and confirmed by the General Assembly, were not ruling elders in the Presbyterian Church. The second is a decision of the same court, in which the same superior- ity of the civil tribunals over the ecclesiastical is maintained, and in pur- suance of which the deliverances of the General Assembly during the late war on loyalty, freedom, etc., are adjudged to be unconstitutional, in which its condemnation of the Declaration and Testimony is adjudged to be erroneous, and its dealings with the signers of that paper to be null and void. The third is a decision of the circuit court of the United States, in which, in opposition to the decisions mentioned, it is decided that the civil courts are bound to respect and enforce the decisions of all ecclesiastical courts, particularly the General Assembly, on all purely ecclesiastical matters whatsoever. From this last decision an appeal has been taken to the supreme court of the United States, and thus the rights and prerogatives of the General Assembly are placed in a posture where they must be determined by that court of last resort. A case so directly involving the rights of the General Assembly, and so essentially determining the extent to which we shall be permitted to enjoy our religious liberties, ought not, in our judgment, to be left to the management of, nor should the expense fall solely upon, a single church. We, therefore, respectfully request the General Assembly to take such action and to make such provision as will be necessary in order to a thoiough vindication of its rights and prerogatives before that tribunal. 32 250 FORM OF GOVERNMENT. As an answer to this memorial the Committee on Bills and Overtures recommends the adoption of the following resolutions : Resolved, 1. This General Assembly expresses its deepest sympathy for those churches in the bounds of the Synod of Kentucky which have become involved in expensive and harassing litigation while faithfully complying with the orders of the superior judicatories of the Church, and directs the Board of Domestic Missions and the Board of Church Exten- sion to afford them all such assistance as it may be in their power to give. Resolved, 2. While the General Assembly fully recognizes its obliga- tion to be in subjection to the powers that be, yet, so long as anything can legally be done, it must not and will not remain silent and inactive when its own rights and liberties and the rights and liberties of the whole Church are put in peril by injurious decisions in the civil courts; it expresses gratification at the decision that has been rendered by the circuit court of the United States in the case referred to in the memorial, and it hereby appoints E. P. Humphrey, D. D., Edgar Needham and General John M. Harlan, of Louisville, Kentucky, a Committee to counsel and co-operate with the proper parties in the appeal which has been taken in this case to the supreme court of the United States, and for the necessary expenses of said case in the court from which and in the court to which it has been appealed, said Committee is authorized to draw on the Board of Publica- tion for a sum not exceeding five thousand dollars. — 1869, p. 942, O. S. d. The report of the Committee was adopted, viz. : Your Committee, therefore, ask the General Assembly to allow us to use the unexpended balance of the $5000 appropriation, that balance being $3000, for the purpose of amicably adjusting the Walnut street case; provided, 1. That the sum of $2000 shall be contributed by our brethren for this purpose; and, 2. That all the cases pending in any of the courts, involving the title to houses of worship or parsonages in Kentucky, shall be also amicably adjusted and settled. Such an adjustment would, we trust, exert a most salutary influence upon the cause of Christ and the welfare of the Pres- byterian Church.— 1870, p. 127. e. Final Report — The Position of the General Assembly Sustained by the Supreme Court of the United States. The Kev. George W. Musgrave, D. D., LL.D., in behalf of a Commit- tee appointed by the General Assembly (O. S.) of 1868, on the case of the Walnut Street Church, Louisville, Ky., presented the following re- port, which was adopted, as follows : The General Assembly of the O. S. branch of this Church, met in 1869, appropriated the sum of $5000 to aid the Walnut Street Church of Louis- ville, Ky., in asserting its property rights in the courts of the United States. One of the questions involved in that litigation was the question whether it is competent for the courts of law in this country to set aside or to revise the decisions of our church courts in matters that are purely ecclesiastical. This grave issue led the General Assembly to take part in the case of the Walnut Street Church. A Committee was appointed to superintend the litigation. The Committee employed the Hon. John M. Harlan and the Hon. B. H. Bristow, both distinguished lawyers, to conduct the cause in our behalf. They have discharged their duty with great ability and fidelity. OF THE GENERAL ASSEMBLY. 251 The supreme court at Washington has, in a judgment lately rendered, upheld all the rights of property asserted by the Walnut Street Church ; and what is of far more importance, that high court has fully sustained the doctrine for which the General Assembly has contended. In an elab- orate written opinion the judges have held, for substance, that the courts of law must accept as final and conclusive the decisions of the General Assembly on questions purely ecclesiastical, and must give full effect to these decisions in settling the property rights of parties litigant. The General Assembly will not be slow to appreciate the value of this opinion, in the protection which it affords to the liberties of a free church, and to the funds which may be entrusted to the Assembly and to its con- gregations for pious uses. For this reason the Assembly is respectfully overtured to publish the opinion of the court at length, in the appendix to its minutes, and to order a faithful abstract thereof to be prepared and inserted in the forthcoming Digest. The Board of Publication have promptly honored the drafts of the Committee to the full amount appropriated by the Assembly of 1869. A large part of this money has been expended in the payment of expenses incident to the litigation, leaving a moderate compensation for the labors of our legal counsel. The Assembly are respectfully asked to accept this as our final repoit, and to discharge the Committee. George Junkin, Esq., and W. J. McElroy, Esq., were appointed a Com- mittee to prepare for publication in the new Digest an abstract of the de- cision of the supreme court of the United States referred to in the above report. — 1872, p. 52. [In accordance with the recommendation of the Committee (see 1873, p. 480), the entire report is given here as follows, viz. :] L,^VW CASE. DECISION OF THE UNITED STATES SUPREME COURT IX THE CASE OF THE WALXUT STREET PRESBYTERIAX CHURCH. LOUISVILLE, KY. [printed by order of the assembly, 1S73, p. 480.] John Watson et al. v. William A. Jones et cd. [1. Where the pendency of prior suit is set up to defeat another, the case must be the same: there must be the same parties, or at least such as represent the same inte- rest : there must be the same rights asserted and the same relief prayed for. . 2. Where the subject-matter of dispute is strictly and purely ecclesiastical in its cha- racter, a matter which concerns theological controversy, church discipline, ecclesi- astical government, or the conformity of the members of the church to the standard of morals required of them, and the ecclesiastical courts claim jurisdiction, the civil courts will not assume jurisdiction ; they will not even inquire into the right of juris- diction of the ecclesiastical court. 3. A spiritual court is the exclusive judge of its own jurisdiction ; its decision of that question is binding on the secular courts.] Appeal from the Circuit Court of the United States for District of Kentucky. Opinion by Miller, J. This case belongs to a class, happily rare in our courts, in which one of the parties to a controversy, essentially ecclesiastical, resorts to the judicial tribunals of the State for the maintenance of the rights which the Church has refused to acknowledge, or found itself unable to protect. Much as such dissensions among the members of a religious society should be regretted — a regret which is increased when, passing from the control of the judicial and legislative bodies of the entire organization to which the society belongs, an appeal is made to the secular authority — the courts when' so called on must perform their functions as in other cases. 252 FORM OF GOVERNMENT. Religious organizations come before us in the same attitude as other voluntary associations for benevolent or charitable purposes, and their rights of property, 01 of contract, are equally under the protection of the law, and the actions of "theii members subject to its restraints. Conscious as we may be of the excited feeling engendered by this controversy, and of the extent to which it has agitated the intel- ligent and pious body of Christians in whose bosom it originated, we enter upon its consideration with the satisfaction of knowing that the principles on which we are to decide so much of it as is proper for our decision are those applicable alike to all of its class, and that our duty is the simple one of applying those principles to the facts before us. It is a bill in chancery in the circuit court of the United States for the District of Kentucky, brought by William A. Jones, Mary J. Jones and Ellenor Lee, citizens of Indiana, against John Watson and others named, citizens of Kentucky, and against the trustees of the Third or Walnut Street Presbyterian Church, in Louisville, a corpo- ration created by an act of the Legislature of that State. The trustees, McDougall, McPherson and Ashcraft, are also sued as citizens of Kentucky. Plaintiffs allege in their bill that they are members in good and regular standing of said church, attend- ing its religious exercises under the pastorship of the Eev. John S. Hays, and that the defendants, George Fulton and Henry Farley, who claim without right to be trustees of the church, supported and recognized as such by the defendants, John Watson and Joseph Gault, Avho also without right claim to be ruling elders, are threatening, preparing and about to take unlawful possession of the house of worship and grounds belonging to the church, and to prevent Hays, who is the rightful pastor, from min- istering therein, refusing to recognize him as pastor, and to recognize as ruling elder Thomas J. Hackney, who is the sole lawful ruling elder; and that, when they obtain such possession, they will oust Hays and Hackney and those who attend their min- istrations, among whom are complainants. And they further allege that Hackney, whose duty it is as- elder, and McDougall, McPherson and Ashcraft, whose duty as trustees it is to protect the rights thus threat- ened, by such proceeding in the courts as will prevent the execution of the threats and designs of the other defendants, refuse to take any steps to that end. They further allege that the Walnut Street Church, of which they are members, now forms, and has, ever since its organization in the year 1842, formed, a part of the Presbyterian Church in the United States of America, known as the Old School, which is governed by a written constitution that includes the Confession of Faith, Form of Government, Book of Discipline and Directory for Worship, and that the governing bodies of the general Church, above the Walnut Street Church, are, in successive order, the Presbytery of Louisville, the Synod of Kentucky and the General Assembly of the Presbyterian Church in the United States. That while plaintiffs and about one hundred and fifteen members who worship with them, and Mr. Hays, the pastor. Hackney, the ruling elder, and the trustees, McDougall, McPherson and Ashcraft, are now in full membership and relation with the lawful general Presbyterian Church aforesaid, the defendants named, with about thirty persons formerly members of said church, worshiping under one Dr. Yandell as pastor, have seceded and withdrawn themselves from said Walnut Street Church and from the general Presbyterian Church in the United States, and have voluntarily connected themselves with, and are now members of, another religious society, and that they have repudiated, and do now repudiate and renounce, the authority and jurisdiction of the various judicatories of the Presbyterian Church in the United States, and acknowledge and recognize the authority of other church judicatories which are disconnected from the Presbyterian Church in the United States and from the Walnut Street Church. And they allege that Watson and Gault have been, by order of the General Assembly of said church, dropped from the roll of elders of said church for having so withdrawn and renounced its jurisdiction, and the Assembly has declared the organization to which plaintiffs adhere to be the true and only Walnut Street Presbyterian Church of Louisville. They pray for an injunction and for general relief. The defendants, Hackney, McDougall, McPherson and Ashcraft, answer, admitting the allegations of the bill, and that, though requested, they had refused to prosecute legal proceedings in the matter. The other defendants answer and deny almost every allegation in the bill. They claim to be lawful officers of the Walnut Street Presbyterian Church, and that they and those whom they represent are the true members of the church. They deny having withdrawn from the local or the general church, and deny that the action of the Gene- ral Assembly cutting them off was within its constitutional anthority. They say the plaintiffs are not, and never have been, lawfully admitted to membership in the Wal- nut Street Church, and have no such interest in it as will sustain this suit, and they OF THE GENEKAL ASSEMBLY. 253 set up.and rely upon a suit still pending in the chancery court of Louisville, which they say involves the same subject-matter, and is between the same parties in interest as the present suit. They allege that in that suit they have been decreed to be the only true and lawful trustees and elders of the Walnut Street Church, and an order has been made to place them in possession of the church property, which order remains unexecuted, and the property is still in the possession of the marshal of that court as its receiver. These facts are relied on in bar to the present suit. This statement of the pleadings is indispensable to an understanding of the points arising in the case. So far as an examination of the evidence may be necessary, it will be made as it is required in the consideration of these points. The first of these concerns the jurisdiction of the circuit court, which is denied ; first, on the ground that the plaintiffs have no such interest in the subject of litigation as will enable them to maintain the suit, and, secondly, on matters arising out of the alleged proceedings in the suit in the chancery court of Louisville. The allegation that plaintiffs are not lawful members of the Walnut Street Church is based upon the assumption that their admission as members was by a pastor and elders who had no lawful authority to act as such. As the claim of those elders to be such is one of the matters which this bill is brought to establish, and the denial of which makes an issue to be tried, it is obvious that the objection to the interest of plain- tiffs must stand or fall with the decision on the merits, and cannot be decided as a preliminary question. Their right to have this question decided, if there is no other objection to the jurisdiction, cannot be doubted. Some attempt is made, in the answer, to question the good faith of their citizenship, but this seems to have been abandoned in the argument. In regard to the suit in the chancery court of Louisville which the defendants allege to be pending, there can be no doubt but that court is one competent to enter- tain jurisdiction of all the matters set up in the present suit. As to those matters, and to the parties, it is a court of concurrent jurisdiction with the circuit court of the United States, and as between those courts the rule is applicable that the one which has first obtained jurisdiction in a given case must retain it exclusively until it disposes of it by a final judgment or decree. But when the pendency of such a suit is set up to defeat another, the case must be the same. There must be the same parties, or at least such as represent the same in- terest, there must be the same rights asserted and the same relief prayed for. This relief must be founded on the same facts, and the title or essential basis of the relief sought must be the same. The identity in these particulars should be such that, if the pending case had already been disposed of, it could be pleaded in bar as a former adjudication of the same matter between the same parties. In the case of Barrow v. Kindred, 4 Wallace, 397, Avhich was an action of eject- ment, the plaintiff showed a good title to the land, and defendant relied on a former judgment in his favor, between the same parties for the same land, the statute of Illi- nois making a judgment in such an action as conclusive as in other personal actions, except by way of new trial. But this court held that, as in the second suit, plaintiff introduced and relied upon a new and different title, acquired since the first trial, that judgment could be no bar, because that title had not been passed upon by the court in the first suit. But the principles which should govern in regard to the identity of the matters in issue in the two suits, to make the pendency of the one to defeat the other, are as fully discussed in the case of Buck v. Colbath, 3 Wallace, 334, where that was the main question, as in any case we have been able to find. It was an action of trespass, brought in a State court, against the marshal of the circuit court of the United States for seizing property of plaintiff, under a writ of attachment from the circuit court. And it was brought while the suit in the Federal court was still pending, and while the marshal held the property subject to its judgment. So far as the lis pen- dens and possession of the property in one court, and a suit brought for the taking by its officer in another, the analogy to the present case is very strong. In that case the court said: "It is not true that a court, having obtained jurisdiction of a subject- matter of suit, and of parties before it, thereby excludes all other courts from the right to adjudicate upon other matters having a very close connection with those before the first court, and in some instances requiring the decision of (he same ques- tion exactly. In examining into the exclusive character of the jurisdiction in such cases, we must have regard to the nature of the remedies, the character of the relief sought, and the identity of the parties in the different suits." And it might have been added, to the facts on which the claim for relief is founded. "A party," says the court, by way of example, "having notes secured by a mort- 254 FORM OF GOVERNMENT. gage on real estate, may, unless restrained by statute, sue in a court of chancery tc foreclose his mortgage, and in a court of law to recover a judgment on his no?e, and in another court of law in an action of ejectment for possession of the land. Here, in all the suits, the only question at issue may be the existence of the debt secured by the mortgage. But as the relief sought is different, and the mode of proceeding different, the jurisdiction of neither court is affected by the proceedings in the other." This opinion contains a critical review of the cases in this court of Hagan v. Lucas, 10 Peters, 402 ; Peck v. Jenness, 7 How., 624 ; Taylor v. Carry, 20 How., 594 ; and Freeman v. Howe, 24 How., 450, cited and relied on by counsel for appellants; and we are satisfied it states the doctrine correctly. The limits which necessity assigns to this opinion forbid our giving at length the pleadings in the case in the Louisville chancery court. But we cannot better state what is and what is not the subject-matter of that suit or controversy, as thus pre- sented and as shown throughout its course, than by adopting the language of the court of appeals of Kentucky, in its opinion delivered at the decision of that suit in favor of the present appellants. " As suggested in argument," says the court, "and apparently conceded on both sides, this is not a case of division or schism in a church, nor is there any question as to which of two bodies should be recognized as the Third or Walnut Street Presbyterian Church. Neither is there any controversy as to the authority of Watson and Gault to act as ruling elders, but the sole inquiry to which we are restricted in our opinion is whether Avery, McNaughton and Leech are also ruling elders, and therefore members of the session of the church." The summary which we have already given of the pleadings in the present suit shows conclusively a different state of facts, different issues and a different relief sought. This is a case of division or schism in the church. It is a question as to which of two bodies shall be recognized as the Third or Walnut Street Presbyterian Church. There is a controversy as to the authority of Watson and Gault to act as ruling elders, that authority being denied in the bill of complainants, and so far from the claim of Avery, McNaughton and Leech to be ruling elders being the sole inquiry in this case, it is a very subordinate matter, and it depends upon facts and circum- stances altogether different from those set up and relied on in the other suit, and which did not exist when it was brought. The issue here is no longer a mere question of eldership, but it is a separation of the original church members and officers into two distinct bodies, with distinct members and officers, each claiming to be the true Wal- nut Street Presbyterian Church, and denying the right of the other to any such claim. This brief statement of the issues in the two suits leaves no room for argument tc show that the pendency of the first cannot be pleaded either in bar or in abatement of the second. The supplementary petition filed by plaintiffs in that case, after the decree of the chancery court had been reversed on appeal, and which did contain very much the same matter found in the present bill, was, on motion of plaintiff's counsel, and by order of the court, dismissed, without prejudice, before this suit was brought, and of course was not a lis pendens at that time. It is contended, however, that the delivery, to the trustees and elders of the body of which plaintiffs are members, of the possession of the church building, cannot be granted in this suit, nor can the defendants be enjoined from taking possession as prayed in the bill, because the property is in the actual possession of the marshal of the Louisville chancery court as its receiver, and because there is an unexecuted decree of that court ordering the marshal to deliver the possession to defendants. In this the counsel for appellants are, in our opinion, sustained, both by the law and the state of the record of the suit in that court. The court, in the progress of that suit, made several orders concerning the use of the church, and finally placed it in the possession of the marshal as a receiver, and there is no order discharging his receivership; nor does it seem to us that there is any valid order finally disposing of the case so that it can be said to be no longer in that court. For though the chancery court did, on the 20th of March, 1867, after the re- versal of the case in the court of appeals, enter an order reversing its former decree and dismissing the bill, with costs, in favor of the defendants, the latter, on application to the appellate court, obtained another order dated June 26th. By this order or man- date to the chancery court it was directed to render a judgment in conformity to the opinion and mandate of the court, restoring possession, use and^ control of the church property to the parties entitled thereto according to said* opinion, and so far as they were deprived thereof by the marshal of the chancery court under its order. In obedience to this mandate the chancery court, on the 18th of September, three months after the commencement of this suit, madean order that the marshal restore the possession, use and control of the church building to Henry Farley, George Ful- OF THE GENERAL ASSEMBLY. 255 ton, B. F. Avery, or a majority of them, as trustees, and to John Watson, Joseph Gaultand Thomas J. Hackney, or a majority of them, as ruling elders, and to report how he had executed the order, and reserving the case for such further order as might be necessary to enforce full obedience. It is argued here by counsel for appellees that the case was, in effect, disposed of by the order of the chancery court, and nothing remained to be done which could have any practical operation on the rights of the parties. But if the court of appeals, in reversing the decree of the chancellor in favor of plaintiffs, was of opinion that the defendants should be restored to the position they occupied in regard to the possession and control of the property before that suit began, we have no doubt of their right to make such order as was necessary to effect that object; and as the proper mode of doing this was by directing the chancellor to make the necessary order and have it enforced as chancery decrees are enforced in his court, we are of opinion that the order of the court of appeals above recited was, in essence and effect, a decree in that cause for such restoration, and that the last order of the chancery court, made in accordance with it?, is a valid subsisting decree, which, though final, is unexecuted. The decisions of this court in the cases of Taylor v. Carryl, 20 How., 594, and Free- man v. Howe, 24 How., 450, and Burk v. Colbath, 5 Wallace, are conclusive that the marshal of the chancery court cannot be displaced as to the mere actual possession of the property, because that might lead to a personal conflict between the officers of the two courts for that possession. And the act of Congress of March 2d, 1793, 1 U. S. Statute, 334, § 5, as construed in the cases of Diggs v. Walcott, 4 Cranch, 129, and Peck v. Jenness, 7 How., 625, are equally conclusive against :my injunction from the circuit court forbidding the defendants to take the possession which the unexecuted decree of the chancery court requires the marshal to deliver to them. But though the prayer of the bill in this suit does ask for an injunction to restrain Watson, Gault, Fulton and Farley from taking possession, it also prays such other and further relief as the nature of the case requires, and especially that said defend- ants be restrained from interfering with Hays, as pastor, and plaintiffs in worshiping in said church. Under this prayer for general relief, if there was any decree which the circuit court could render for the protection of the right of plaintiffs, and which did not enjoin the defendants from taking possession of the church property, and which did not disturb the possession of the marshal of the Louisville chancery, that court had a right to hear the case and grant that relief. This leads us to inquire what is the nature and character of the possession to which those parties are to be restored. One or two propositions, which seem to admit of no controversy, are proper to be noticed in this connection. 1. Both by the act of the Kentucky Legislature creating the trustees of the church a body corporate, and by the acknowledged rules of the Presbyterian Church, the trustees were the mere nominal title-holders and custodians of the church property, and other trustees were or could be elected by the congrega- tion to supply their places once in every two years. 2. That in the use of the prop- erty for all religious services or ecclesiastical purposes, the trustees were under the control of the church session. 3. That by the constitution of all Presbyterian churches, the session, which is the governing body in each, is composed of the ruling elders and pastor, and in all business of the session a majority of its members govern, the number of elders for each congregation being variable. The trustees obviously hold possession for the use of the persons who, by the consti- tution, usages and laws of the Presbyterian body, are entitled to that use. They are liable to removal by the congregation for whom they hold this trust, and others may be substituted in their places. They have no personal ownership or right beyond this, and are subject, in their official relations to the property, to the control of the session of the church. The possession of the elders, though accompanied with larger and more efficient powers of control, is still a fiduciary possession. It is as a session of the church alone that they could exercise power. Except by an order of the session in regular meet- ing, they have no right to make any order concerning the use of the building, and any action of the session is necessarily in the character of representatives of the church body by whose members it was elected. _ If, then, this true body of the church — the members of that congregation — having rights of user in the building, have, in a mode which is authorized by the canons ol' the general Church in this country, elected and installed other elders, it does not seem to us inconsistent or at variance with the nature of the possesion which we have de- scribed, and which the chancery court orders to be restored to the defendants, that thev should be compelled to recognize these rights, and permit those who are the real ben- 256 FORM OF GOVERNMENT. eficiaries of the trust held by them, to enjoy the uses, to protect which that trust was created. Undoubtedly, if the order of the chancery court had been executed, and the marshal had delivered the key of the church to defendants, and placed them in the same position they were before that suit was commenced, they could in any court having jurisdiction, and in a case properly made out, be compelled to respect the rights we have stated, and be controlled in their use of the possession by the court, so far as to secure those rights. All that we have said, in regard to the possession which the marshal is directed to deliver to defendants, is equally applicable to the possession held by him pending the execution of that order. His possession is a substitute for theirs, and the order under which he receives that possession, which we have recited, shows this very clearly. The decree which we are now reviewing seems to us to be carefully framed on this view of the matter. While the rignts of plaintiffs and those whom they sue for are admitted and established, the defendants are still recognized as entitled to the posses- sion which we have described ; and while they are not enjoined from receiving that possession from the marshal, and he is not restrained from obeying the chancery court by delivering it, and while there is no order made on the marshal at all to interfere with his possession, the defendants are required by the decree to respect the rights of plaintiffs, and to so use the possession and control to which they may be restored as not to hinder or obstruct the true uses of the trust which that possession is intended to protect. We are next to inquire whether the decree thus rendered is based upon an equally just view of the law as applied to the facts of this controversy. These, though making up a copious record of matter by no means pleasant reading to the sincere and thought- ful Christian philanthropist, may be stated with a reasonable brevity, so far as they bear upon the principles which must decide the case. From the commencement of the late war of the insurrection to its close the General Assembly of the Presbyterian Church at its annual meetings expressed, in declaratory statements or resolutions, its sense of the obligation of all good citizens to support the Federal government in that struggle ; and when, by the proclamation of President Lincoln, emancipation of the slaves of the States in insurrection was announced, that body also expressed views favorable to emancipation and adverse to the institution of slavery- And at its meeting in Pittsburg in May, 1865, instructions were given to the Presbyteries, the Board of Missions, and to the sessions of the churches, that when any persons from the Southern States should make application for employment as missionaries, or for admission as members or ministers of churches, inquiry should be made as to their sentiments in regard to loyalty to the government and on the subject of slavery; and if it was found that they had been guilty. of voluntarily aiding the war of the rebellion, or held the doctrine announced by the large body of the churches in the insurrectionary States which had organized a new General Assembly that "the system of negro slavery in the South is a divine institution, and that it is the peculiar mission of the Southern Church to conserve that institution," they should be required to repent and forsake these sins before they could be received. In the month of September thereafter, the Presbytery of Louisville, under whose immediate jurisdiction was the Walnut Street Church, adopted and published in pamphlet form what it called a "Declaration and Testimony against the erroneous and heretical doctrines and practices which have obtained and been propagated in the Presbyterian Church of the United States during the last five years." This decla- ration denounced, in the severest terms, the action of the General Assembly in the matters we have just mentioned, declared their intention to refuse to be governed by that action, and invited the co-operation of all members of the Presbyterian Church who shared the sentiments of the declaration in a concerted resistance to what they called the usurpation of authority by the Assembly. It is useless to pursue the history of this controversy further with minuteness. The General Assembly of 1866 denounced the Declaration and Testimony, and declared that every Presbytery which refused to obey its order should be ipso facto dis- solved, and called to answer before the next General Assembly, giving the Louisville Presbytery an opportunity for repentance and conformity. The Louisville Presby- tery divided, and the adherents of the Declaration and Testimony sought and obtained admission, in 1868, into "the Presbyterian Church of the Confederate States," of which we have already spoken as having several years previously withdrawn from the Gene- ral Assembly of the United States and set up a new organization. We cannot better state the results of these proceedings upon the relations of the church organizations and members, to each other and to this controversy, than in the language of the brief of appellants' counsel in this court. In January, 1866, the congregation of the Walnut Street Church became divided OF THE GENERAL ASSEMBLY. 257 in the manner stated above, each claiming to constitute the church, although the issue as to membership was not distinctly i? ade in the chancery suit of Avery v. Watson. Both parties at this time recognized the same superior church judicatories. On the 19th of June, 1866, the Synod of Kentucky became divided, the opposing par- ties in each claiming to constitute respectively the true Presbytery and the true Synod, each meanwhile recognizing and claiming to adhere to the same General Assembly. Of these contesting bodies the appellants adhered to one, the appellees to the other. On the 1st of June, 1867, the Presbytery and Synod recognized by the appellants were declared by the General Assembly to be "in no sense a true and lawful Synod and Presbytery in connection with and under the care and authority of the General Assembly of the Presbyterian Church in the United States of America," and were permanently excluded from connection with or representation in the Assembly. By the same resolution the Synod and Presbytery adhered to by appellees were declared to be the true and lawful Presbytery of Louisville and Synod of Kentucky. The Synod of Kentucky, thus excluded, by a resolution adopted the 28th of June, 1867, declared "that in its future action it will be governed by this recognized sun- dering of all its relations to the aforesaid revolutionary body (the General Assembly) by the acts of that body itself." The Presbytery took substantially the same action. In this final severance of Presbytery and Synod from the General Assembly, the appellants and appellees continued to adhere to those bodies at first recognized by them respectively. In the earliest stages of this controversy it was found that a majority of the mem- bers of the Walnut Street Church concurred with the action of the General Assem- bly, while Watson and Gault as ruling elders, and Fulton and Farley as trustees, constituting, in each case, a majority of the session and of the trustees, with Mr. MeElroy, the pastor, sympathized with the party of the declaration and testi- mony of the Louisville Presbytery. This led to efforts by each party to exclude the other from participation in the session of the church and the use of the property. This condition of affairs being brought before the Synod of Kentucky before any separation, that body appointed a commission to hold an election, by the members of the Walnut Street Church, of three additional ruling elders. Watson and Gault refused to open the church for the meeting to hold its election, but the majority of the members of the congregation, meeting on the sidewalk in front of the church, organized and elected Avery, Leech and McNaughton additional ruling elders, who, if lawful elders, constituted, with Mr. Hackney, a majority of the session. Gault and Watson, Farley and Fulton refused to recognize them as such, and hence the suit in the chancery court of Louisville, which turned exclusively on that question. The newly-elected elders and the majority of the congregation have adhered to, and been recognized by, the General Assembly as the regular and lawful Walnut Street Church and officers, and Gault and Watson, Fulton, Farley and a minority of the members, have cast their fortunes with those who adhered to the declaration and testimony party. The division and separation finally extended to the Presbytery of Louisville and the Synod of Kentucky. It is now complete and apparently irreconcilable, and we are called upon to declare the beneficial uses of the church property, in this condition of total separation between the members of what was once a united and harmonious congregation of the Presbyterian Church. The questions wmich have come before the civil courts concerning the rights to property held by ecclesiastical bodies may, so far as we have been able to examine them, be profitably classified under three general heads, which, of course, do not include cases governed by considerations applicable to a Church established and sup- ported by law as the religion of the State: 1. The first of these is when the property which is the subject of controversy has been, by the deed or will of the donor, or other instrument by which the properly is held by the express terms of the instrument, devoted to the teaching, support or spread of some specific form of religious doctrine or belief. 2. The second is when the property is held by a religious congregation which, by the nature of its organization, is strictly independent of other ecclesiastical associa- tions, and so far as church government is concerned owes no fealty or obligation to any higher authority. 3. The third is where the religious congregation or ecclesiastical body holding the property is but a subordinate member of some general Church organization, in which there are superior ecclesiastical tribunals, with a general and ultimate power of control, more or less complete, in some supreme judicatory, over the whole mem- bership of that general organization. In regard to the first of these classes, it seems hardly to admit of a rational doubt 33 FORM OF GOVERNMENT. that an individual or an association of individuals may dedicate property by way of trust to the purpose of sustaining, supporting and propagating definite religious doc- trines or principles, provided that in doing so they violate no law of morality, and give to the instrument by which their purpose is evidenced the formalities which the laws require. And it would seem also to be the obvious duty of the court, in a case properly made, to see that the property so dedicated is not diverted from the trust which is thus attached to its use. So long as there are persons qualified within the meaning of the original dedication, and who are also willing to teach the doctrines or principles prescribed in the act of dedication, and so long as there is any one so interested in the execution of the trust as to have a standing in court, it must be that they can prevent the diversion of the property or fund to other and different uses. This is the general doctrine of courts of equity as to charities, and it seems equally appli- cable to ecclesiastical matters. In such case, if the trust is confided to a religious congregation of the Independent or Congregational form of church government, it is not in the pover of the majority of that congregation, however preponderant, by reason of a change of views on relig- ious subjects, to carry the property so confided to them to the support of new and con- flicting doctrine. A pious man, building and dedicating a house of worship to the sole and exclusive use of those who believe in the doctrine of the Holy Trinity, and placing it under the control of a congregation which at the time holds the same be- lief, has a right to expect that the law will prevent that property from being used as a means of support and dissemination of the Unitarian doctrine and as a place of Unitarian worship. Nor is the principle varied when the organization to which the trust is confided is of the second or associated form of church government. The protection which the law throws around the trust is the same. And though the task may be a delicate one and a difficult one, it will be the duty of the court in such cases, when the doctrine to be taught or the form of worship to be used is definitely and clearly laid down, to inquire whether the party accused of violating the trust is holding or teaching a different doctrine or using a form of wor- ship which is so far variant as to defeat the declared objects of the trust. In the lead- ing case on this subject in the English courts, of the Attorney General v. Pearson, 3 Merrivale, 353, Lord Eldon said, " I agree with the defendants that the religious be- lief of the parties is irrelevant to the matters in dispute, except so far as the king's court is called upon to execute the trust." This was a case in which the trust deed declared the house which was erected under it was for the worship and service of God. And though we may not be satisfied with the very artificial and elaborate argument by which the chancellor arrives at the conclusion — that because any other view of the nature of the Godhead than the Trinitarian view was heresy by the laws of England, and any one giving expression to the Unitarian view was liable to be severely punished for heresy by the secular courts, at the time the deed was made, that the trust was, therefore, for Trinitarian worship — we may still accept the statement that the court has the right to enforce a trust clearly defined on such a subject. The case of Miller v. Gable, 2 Denio, 492, appears to have been decided in the court of errors of New York on this principle, so far as any ground of decision can be gathered from the opinions of the majority of the court as reported. The second class of cases which we have described has reference to the case of a church of a strictly congregational or independent organization, governed solely within itself, either by a majority of its members or by such other local organism as it may have instituted for the purpose of ecclesiastical government ; and to property held by such a church, either by way of purchase or donation, with no other specific trust attached to it in the hands of the church, than that it is for the use of that con- gregation as a religious society. In such cases, where there is a schism which leads to a separation into distinct and conflicting bodies, the rights of such bodies to the use of the property must be deter- mined by the ordinary principles which govern voluntary associations. If the prin- ciple of government in such cases is that the majority rules, then the numerical ma- jority of members must control the right to the use of the property. If there be within the congregation officers in whom are vested the powers of such control, then those who adhere to the acknowledged organism by which the body is governed are entitled to the use of the property. The minority, in choosing to separate themselves into a distinct body, and refusing to recognize the authority of the governing body, can claim no rights in the property from the fact that they had once been members of the church or congregation. This ruling admits of no inquiry into the existing religious opinions of those who comprise the legal or regular organization ; for if such was permitted, a very small minority, without any officers of the church among them, might be found to be the OF THE GENERAL ASSEMBLY. 259 only faithful supporters of the religions dogmas of the founders of the church, There being no such trust imposed upon the property when purchased or given, the court will not imply one for the purpose of expelling from its use those who, by reg- ular succession and order, constitute the church, because they may have changed in some respect their views of religious truth. Of the cases in which this doctrine is applied, no better representative can be found than that of Shannon v. Frost, 3 B. Monro, 253, where the principle is ably supported by the learned chief justice of the court of appeals of Kentucky. The case of Smith v. Nelson, 18 Verm., 511, asserts this doctrine in a case where a legacy was left to the associate congregation of Eyegate, the interest whereof was to be annually paid to their minister for ever. In that case, though the Ryegate congre- gation was one of a number of Presbyterian churches connected with the general Presbyterian body at large, the court held that the only inquiry was whether the society still exists, and whether they have a minister chosen and appointed by the majority and regularly ordained over the society, agreeably to the usage of that de- nomination. And though we may be of opinion that the doctrine of that case needs modifica- tion so far as it discusses the relation of the Eyegate congregation to the other judica- tories of the body to which it belongs, it certainly lays down the principle correctly if that congregation was to be treated as an independent one. But the third of these classes of cases is the one which is oftenest found in the courts, and which, with reference to the number and difficulty of the questions involved and to other considerations, is every way the most important. It is the case of property acquired in any of the usual modes for the general use of a religious congregation which is itself part of a large and general organization of some religious denomination, with which it is more or less intimately connected by religious views and ecclesiastical government. The case before us is one of this class, growing out of a schism which has divided the congregation and its officers and the Presbytery and Synod, and which appeals to the courts to determine the right to the use of the property so acquired. Here is no case of property devoted for ever by the instrument which conveyed it, or by any specific declaration of its owner, to the support of any special religious dogmas or any peculiar form of worship, but of property purchased for the use of a religious congregation ; and so long as any existing religious congregation can be ascertained to be that congregation or its regular and legitimate successor, it is entitled to the use of the property. In the case of an independent congregation, we have pointed out how this identity or succession is to be ascertained, but in cases of this character we are bound to look at the fact that the local congregation is itself but a member of a much larger and more important religious organization, and is under its government and control, and is bound by its orders and judgments. There are in the Presbyte- rian system of ecclesiastical government, in regular succession, the Presbytery over the session or local church, the Synod over the Presbytery, and the General Assembly 3ver all. These are called, in the language of the Church organs, judicatories, and v ,hey entertain appeals from the decisions of those below, and prescribe corrective measures in other cases. In this class of cases we think the rule of action which should govern the civil cour s, founded in a broad and sound view of the relations of Church and State under our system of laws, and supported by a preponderating weight of judicial authority, is that, whenever the questions of discipline or of faith or ecclesiastical rule, custom or law, have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them in their application to the case before them. We concede at the outset that the doctrine of the English courts is otherwise. In the case of the attorney general against Pearson, cited before, the proposition is laid down by Lord Eldon and sustained by the peers that it is the duty of the court in such cases to inquire and decide for itself not only what was the nature and power of these church judicatories, but what is the true standard of faith in the church organ- ization, and which of the contending parties befoie the court holds to this standard. And in the subsequent case of Craigdallie v. Aikman, 2 Bligh, 529, the same learned judge expresses in strong terms his chagrin that the court of sessions of Scotland. from which the case had been appealed, had failed to rind on this latter subject, so that he could rest the case on religious belief, but had declared that in this matter there was no difference between the parties. And we can very well understand how the lord chancellor of England, who is, in his office, in a large sense, the head and representative of the Established Church, who controls very largely the Church patronage, and whose judicial decision may be, and 260 FORM OF GOVERNMENT. not infrequently is, invoked in cases of heresy and ecclesiastical . jntumacy, should feel, even in dealing with a dissenting church, but little delicacy in grappling with the most abstruse problems of theological controversy, or in construing the instruments which those churches have adopted as their rules of government, or inquiring into their customs and usages. The dissenting church in England is not a free church, in the sense in which we apply the term in this country ; and it was much less free in Lord Eldon's time than now. Laws then existed upon the statute-book hampering the free exercise of religious belief and worship in many most oppressive forms; and though Protestant dissenters were less burdened than Catholics and Jews, there did not exist that full, entire and practical freedom for all forms of religious belief and practice which lies at the foundation of our political principles. And it is quite ob- vious, from an examination of the series of cases growing out of the organization of the Free Church of Scotland, found in Shaw's reports of cases in the court of sessions, that it was only under the pressure of Lord Eldon's ruling, established in the House of Lords, to which final appeal lay in such cases, that the doctrine was established in the court of sessions after no little struggle and resistance. The full history of the case of Craigdallie v. Aikman in the Scottish court, which we cannot further pursue, and the able opinion of Lord Meadowbank in Galbraith v. Smith, 15 Shaw, 808, show this conclusively. In this country the full and free right to entertain any religious belief, to practice any religious principle, and to teach any religious doctrine which does not violate the laws of molality and property, and which does not infringe personal rights, is con- ceded to all. The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. The right to organize voluntary religious associations, to assist in the expression and dissemination of any religious doctrine, and to create tribunals for the decision of controverted questions of faith within the association, and for the ecclesiastical government of all the individual members, congregations and officers within the general association, is unquestioned. All who unite themselves to such a body do so with an implied consent to this government, and are bound to sub- mit to it. But it would be a vain consent, and would lead to the total subversion of such religious bodies, if any one aggrieved by one of their decisions could appeal to the secular courts and have them reversed. It is of the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organism itself provides for. Nor do we see that justice would be likely to be promoted by submitting those de- cisions to review in the ordinary judicial tribunal. Each of these large and influen- tial bodies (to mention no others, let reference be had to the Protestant Episcopal, the Methodist Episcopal and the Presbyterian Churches) has a body of constitutional and ecclesiastical law of its own, to be found in their written organic laws, their books of discipline, in their collections of precedents, in their usage and customs, which as to each constitute a system of ecclesiastical law and religious faith that tasks the ablest minds to become familiar with. It is not to be supposed that the judges of the civil courts can be as competent in the ecclesiastical law and religious faith of all these bodies as the ablest men in each are in reference to their own. It would, therefore, be an appeal from the more learned tribunal in the law which should decide the case to one which is less so. We have said that these views are supported by the preponderant weight of author- ity in this country; and for the reasons which we have given, we do not think the doctrines of the English chancery court on this subject should have with us the influ- ence which we would cheerfully accord to it on others. We have already cited the case of Shannon v. Frost, 3 Ben. Monro, in which the appellate court of the State, where this controversy originated, sustains the propo- sition clearly and fully. "This court," says the chief justice, "having no ecclesias- tical jurisdiction, cannot revise or question ordinary acts of church discipline. Our only judicial power in the case arises from the conflicting claims of the parties to the church property and the use of it. We cannot decide who ought to be members of the church, nor whether the excommunicated have been justly or unjustly, regularly or irregularly, cut off from the body of the church." In the subsequent case of Gibson v. Armstrong, 7 B. Monro, 481, which arose out of the general division of the Methodist Episcopal Church, we understand the same principles to be laid down as governing that case; and in the case of Watson v. Avery, 2 Bush., 332, the case relied on by appellants as a bar, and considered in the former part of this opinion, the doctrine of Shannon v. Frost is in general terms conceded, while a distinction is attempted which we shall consider hereafter. One of the most careful and well-considered judgments on th* subject is that of th« OF THE GENERAL ASSEMBLY. 261 coirt of appeals of South Carolina, delivered by Chancellor Johnson, in the case of Harmon v. Dreher, 2 Speer's Eq., 87. The case turned uptn certain rights in the use of the church property claimed by the minister, notwithstanding his expulsion from the synod as one of its members. " He stands," says the chancellor, " convicted of the offences alleged against him, by the sentence of the spiritual body of which he was a voluntary member, and by whose proceedings he had bound himself to abide. It belongs not to the civil power to enter into or review the proceedings of a spiritual court. The structure of our gov- ernment has, for the preservation of civil liberty, rescued the temporal institutions from religious interference. On the other hand, it has secured religious liberty from the invasion of the civil authority. The judgments, therefore, of religious associa- tions bearing on their own members are not examinable here, and I am not to inquire whether the doctrines attributed to Mr. Dreher were held by him, or whether if held were anti-Lutheran, or whether his conduct was or was not in accordance with the duty he owed to the Synod or to his denomination. . . . When a civil right depends upon an ecclesiastical matter, it is the civil court, and not the ecclesiastical, which is to decide. But the civil tribunal tries the civil right and no more, taking the ecclesias- tical decisions out of which the civil right arises as it finds them." The principle is reaffirmed by the same court in the - John's Island Church case, 2 Richardson Eq., 215. In Den v. Bolton, 7 Halstead, 206, the supreme court of New Jersey asserts the same principles; and though founding its decision mainly on a statute, it is said to be true on general principles. The supreme court of Illinois in the case of Ferraria v. Vaucancelles, 25 111., 456, refers to the case of Shannon v. Frost, 3 B. Monro, with approval, and adopts the language of the court, that "the judicial eye cannot penetrate the veil of the Church for the forbidden purpose of vindicating the alleged wrongs of excised members; when they became members, they did so upon the condition of continuing or not as they and their churches might determine, and they thereby submit to the ecclesiasti- cal power, and cannot now invoke the supervisory power of the civil tribunals." In the very important case of Chase v. Cheny, recently decided in the same court, Judge Lawrence, who dissented, says, we understand the opinion as implying that in the administration of ecclesiastical discipline, and where no other right of property is involved than loss of the clerical office or salary incident to such discipline, a spirit- ual court is the exclusive judge of its own jurisdiction, and that its decision of that question is binding on the secular courts. And he dissents with Judge Sheldon from the opinion because it so holds. In the case of Watson v. Farris, 45 Missouri, 183, which was a case growing out of the schism in the Presbyterian Church in Missouri in regard to this same declaration and testimony and the action of the General Assembly, that court held that whether a case was regularly or irregularly before the Assembly was a question which the Assembly had the right to determine for itself, and no civil court could reverse, mod- ify or impair its action in a matter of merely ecclesiastical concern. We cannot better close this review of the authorities than in the language of the supreme court of Pennsylvania in the case of the German Reformed Church v. Siebert, 5 Barr, 291: "The decisions of ecclesiastical courts, like every other judicial tribunal, are final, as they are the best judges of what constitutes an offence against the word of God and the discipline of the Church. Any other than those courts must be incompe- tent judges of matters of faith, discipline and doctrine; and civil courts, if they should he so unwise as to attempt to supervise their judgments on matters which come within their jurisdiction, would only involve themselves in a sea of uncertainty and doubt which would do anything but improve either religion or good morals." In the subsequent case of MeGinnis v. Watson, 41 Perm. Stat., 21, this principle is again applied and supported by a more elaborate argument. The court of appeals of Kentucky, in the case of Watson v. Avery, before referred to, while admitting the general principle here laid down, maintains that when a de- cision of an ecclesiastical tribunal is set up in the civil courts it is always open to in- quiry whether the tribunal acted within its jurisdiction; and if it did not, its decisions could not be conclusive. There is, perhaps, no word in legal terminology so frequently used as the word jurisdiction, so capable of use in a general and vague sense, and which is used so often by men learned in the law without a due regard to precision in its application. As regards its use in the matters we have been discussing, it may very well be con- ceded that if the General Assembly of the Presbyterian Church should undertake to try one of its members for murder, and punish him with death or imprisonment, its sentence would be of no validity in a civil court or anywhere else. Or if it should, at the instance of one of its members, entertain jurisdiction as between him and another 262 FORM OF GOVERNMENT. member as to their individual right to property, real or personal, the right in no sense depending on ecclesiastical questions, its decisions would be utterly disregarded by any civil court where it might be set up, and it might be said, in a certain general sense very justly, that it was because the General Assembly had no jurisdiction in the case. Illustrations of this character could be multiplied in which the proposition of the Kentucky court would be strictly applicable. But it is a very different thing where a subject-matter of dispute strictly and purely ecclesiastical in its character — a matter over which the civil courts exercise no juris- diction — a matter which concerns theological controversy, church discipline, ecclesi- astical government or the conformity of the members of the church to the standard of morals required of them — becomes the subject of its action. It may be said here, also, that no jurisdiction has been conferred on the tribunal to try the particular case before it, or that in its judgment it exceeds the powers conferred upon it, or that the laws of the Church do not authorize the particular form of proceeding adopted ; and in a sense often used in the courts, all of those may be said to be questions of juris- diction. But it is easy to see that if the civil courts are to inquire into all these mat- ters, the whole subject of the doctrinal theology, the usages and customs, the written laws and fundamental organization of every religious denomination, may and must be examined into with minuteness and care, for they would become in almost every case the criteria by which the validity of the ecclesiastical decree would be determined in the civil court. This principle would deprive these bodies of the right of construing their own church laws, would open the way to all the evils which we have depicted as attendant upon the doctrine of Lord Eldon, and would, in effect, transfer to the civil courts, where property rights were concerned, the decision of all ecclesiastical questions. And this is precisely what the court of appeals of Kentucky did in the case of Wat- son v. Avery. Under cover of inquiries into the jurisdiction of the Synod, and Pres- bytery over the congregation, and of the General Assembly over all, it went into an elaborate examination of the principles of Presbyterian Church government, and ended by overruling the decision of the highest judicatory of that Church in the United States both on the jurisdiction and the merits, and substituting its own judg- ment for that of the ecclesiastical court, decides that ruling elders, declared to be such by that tribunal, are not such, and must not be recognized by the congregation, though four-fifths of its members believe in the judgment of the Assembly and desire to conform to its decree. But we need pursue this subject no further. Whatever may have been the case before the Kentucky court, the appellants, in the case presented to us, have separated themselves wholly from the church organization to which they belonged when this controversy commenced. They now deny its authority, denounce its action and re- fuse to abide by its judgments. They have first erected themselves into a new organ- ization, and have since joined themselves to another totally different, if not hostile, to the one to which they belonged when the difficulty first began. Under any of the de- cisions which we have examined, the appellants in their present position have no right to the property, or to the use of it, which is the subject of this suit. The novelty of the questions presented to this court for the first time, their intrin- sic importance and far-reaching influence, and the knowledge that the schism in which the case originated has divided the Presbyterian churches throughout Ken- tucky and Missouri, have seemed to us to justify the careful and laborious examina- tion and discussion which we have made of the principles which should govern the case. For the same reasons we have held it under advisement for a year, not uninfluenced by the hope that, since the civil commotion which evidently lay at the foundation of the trouble has passed away, that charity which is so large an element in the faith of both parties, and which, "by one of the apostles of that religion, is said to be the greatest of all the Christian virtues, would have brought about a reconciliation. But we have been disappointed. It is not for us to determine or apportion the moral responsibility which attaches to the parties for this result. We can only pro- nounce the judgment of the law as applicable to the case presented to us, and that requires us to affirm the decree of the circuit court as it stands. The chief justice did not sit on the argument of this case, and took no part in its decision. — 1872, pp. 177-190. JF THE GENERAL ASSEMBLY. 263 II. OF ERECTING NEW SYNODS, ALTERING THEIR BOUNDS, ETC. a. [See minutes passim, and especially 1870, pp. 86-88 (mpra. xi., 1), where the Assembly exercised the power to " consolidate, adjust and de- fine the boundaries of the Synods." Synod of Colorado erected. —1871, p. 547. b. Boundaries changed. — 1871, pp. 540, 541, 545, 546; 1872, pp. 86, 88 (supra, xi., sec. i. 3). c. Churches transferred. — 1803, p. 279; 1810, p. 440, and passim.'] d. To dissolve a Synod and transfer its Presbyteries. [The Synod of Chesapeake was formed on petition. — 1833, p. 395.] Resolved, 1. That the Synod of the Chesapeake be and the same is hereby dissolved. 2. That the Presbytery of East Hanover be and the same is hereby restored to the Synod of Virginia. 3. That the Presbyteries of Baltimore and of the District of Columbia be and the same are hereby restored to the Synod of Philadelphia. — 1834, p. 451. e. The Synod of Delaware \_Erected. — 1834, p. 451.] Dissolved. Resolved, That at and after the meeting of the Synod of Philadelphia in October next the Synod of Delaware shall be dissolved, and the Pres- byteries constituting the same shall be then and thereafter annexed to the Synod of Philadelphia, and that the Synod of Philadelphia thus consti- tuted by the union aforesaid shall take such order concerning the organi- zation of its several Presbyteries as may be deemed expedient and consti- tutional, and that said Synod, if it shall deem it desirable, make applica- tion to the next General Assembly for such a division of the Synod as may best suit the convenience of all its Presbyteries and promote the glory of God.— 1835, p. 486. III. OF ERECTING, MODIFYING, CHANGING, DISSOLVING PRESBY- TERIES. a. [See the act of the General Synod (supra, chap, i., 1786, p. 522). It assumed jurisdiction over the whole matter of dividing, erecting, etc. The Presbytery of Carlisle was divided, and the Presbytery of Hunting- don formed on "an overture through the Synod of Philadelphia." — 1794, p. 89.] b. On petition of the Presbytery of Albany, that Presbytery was divided, and the Presbyteries of Columbia, Oneida and Albany formed. At the same time the following was adopted, viz. : Whereas, The Assembly have this day determined, upon an application from the Presbytery of Albany, that the said Presbytery may be divided into three, ana in the investigation of this subject circumstances were stated to exist which led the Assembly to judge such division proper, and perhaps necessary, at this time ; And whereas, Doubts arose whether it was proper for the Assembly to interfere for the purpose of making such division, the proposal not having been first laid before the Synod, as it would establish a precedent which might tend to confusion and in the end to schism ; the Assembly think it expedient to declare that their decision in this case has been particularly influenced by the pressure of circumstances, and is not to be considered as forming a precedent for future conduct. — 1802, p. 252. c. On petition of the Presbytery of Oneida it was divided, and the Presbytery of Geneva formed. — 1805, p. 324. On application of cer- 264 FOEM OF GOVERNMENT. tain ministers and churches in the Territory of Michigan, the Presbytery of Detroit was formed.— 1827, p. 206. Chenango.— 1826, p. 176. d. Philadelphia Second (Assembly's). The Synod of Philadelphia having merged the two Presbyteries of Philadelphia, and divided them by a line, an appeal was taken. Resolved, 1. That the appeal and complaint of the Second Presbytery of Philadelphia against the Synod of Philadelphia be and the same are hereby sustained, and the act of said Synod, so far as it was intended to unite the said Second Presbytery with the Presbytery of Philadelphia, is hereby declared void. 2. That this resolution shall not be so construed as to affect the integrity of the Presbytery which was constituted under the order of the Synod of Philadelphia by the name of the Second Presbytery of Philadelphia in November last, but the same is hereby recognized as a constituent part of the Synod of Philadelphia. The Assembly, however, recommend to the Synod to change the name of said Presbytery. — 1834, p. 432. [Against the action of the Assembly a protest was entered, viz. :] We believe the power exercised by the General Assembly of 1832, and now re- exercised by this Assembly, to form a Presbytery within the bounds of the Synod and against her decision, is without foundation in our Form of Church Government. In the constitutional distribution of powers and checks and designation of rights and duties among the several judicatories of the Church, the power to "erect new Presbyteries, and unite or divide those which were before erected" (Form of Govern- ment, chap, xi., sec. iv.), is distinctly and exclusively secured to Synods. And the practice of the General Assembly, from the establishment of this body till the present, has been, we believe, in accordance with these views. The principle assumed by the majority in this body and recognized by the Assembly in the above decision, and on which the appellants rest their plea, that the duty "of superintending the concerns of the whole Church" (Form of Government, chap, xii., sec. v.) invests the Assembly with all powers necessary to accomplish that object, at her own discretion, tends to abolish the constitutional rights of Synods. Presbyteries and church sessions, to con-: found and contravene those original and essential principles of ecclesiastical govern- ment and order which constitute and characterize the Presbyterian Church.' — 1834, p. 446. [To this the Assembly replies :] 1. That the Form of Government vests in the General Assembly the power of " deciding in all controversies respecting doctrine and discipline," and to "issue all appeals and references brought before them from the infe- rior judicatories." — See Form of Government, chap, xii., sec. v. Now, as the question as to the erection and existence of the Second Presbytery of Philadelphia came regularly before the Assemblies of 1832 and 1834, by appeal and complaint from the lower judicatories, the said Assemblies not only had a right to "decide" finally, but were imperiously called upon to "issue" the case. 2. The minutes of the General Assembly for 1794, 1802, 1805 and 1826 show that the Assembly has in extraordinary cases claimed and exer- cised the right of organizing new Presbyteries, and such Presbyteries have always been regarded as regularly and constitutionally organized. 3. The Form of Government vests the right of deciding questions of constitutional law, not in the Synods, but in the General Assembly ; conse- quently, if it be proved, which is not the fact, that the General Assembly has exceeded their powers in organizing the Second Presbytery of Phila- delphia, it would by no means follow that the Synod of Philadelphia had authority to rejudge and disannul the solemn acts of the highest judica- tory of the Church. In this view of the subject, the General Assembly were bound to sustain the appeal and complaint of the Second Presbytery. OF THE GENERAL ASSEMBLY. 265 from respect to the grave decision of former Assemblies, as well as from regard to the rights of the complainants. — 1834, p. 451. e. The Third Presbytery of Philadelphia. — 1836, p. 278. /. The Presbytery of Luzerne was formed by the Assembly. — 1843, p. 195, O. S. g. The Presbytery of Wisconsin. — 1846, p. 194, O. S. In this case the Assembly directed " that upon their organization the ministers aforesaid be ipso facto detached from the Presbyteries to which now they respect- ively belong." h, Resolved, That the Rev. Messrs. M. S. Culbertson, of the Presbytery of Carlisle, A. W. Loomis, of the Presbytery of Albany, R. Q. Way, of the Presbytery of Charleston, and J. W. Quarterman, of the Presbytery of Georgia, be and they hereby are detached from their respective Pres- byteries and constituted a Presbytery, to be called the Presbytery of Ningpo. That the Rev. A. P. Happer and William Speer, of the Presbytery of Ohio, and the Rev. John B. French, of the Presbytery of Baltimore, be and they hereby are detached from their resj ective Presbyteries and con- stituted a Presbytery to be called by such name as those brethren may choose. And that the Rev. John Loyd, of the Presbytery of Huntingdon, and Hugh S. Brown, of the Presbytery of Logansport, so soon as a third minis- ter of our Church shall be associated with them, be authorized to form them- selves into a Presbytery, to be called the Presbytery of Amoy, and shall ipso facto be detached from the respective Presbyteries with which until then they shall be connected. Resolved, That the foregoing new Presbyteries shall meet for the pur- pose of being organized at such times and places as the members thereof shall respectively agree on, and that the eldest minister of each who may be present shall preside until a moderator be chosen. Resolved, That the aforesaid Presbyteries be rated for the present as component parts of the Synod of New York, but that as soon as the Pres- bytery of Amoy shall be organized, the three Presbyteries in China shall be authorized to form themselves into a Synod, to be called the Synod of China; that they meet for the purpose of being organized at such time and place as they shall mutually agree upon, and that the eldest minister who may be present shall preside until a moderator be chosen. Resolved, That the Rev. James M. Connelly, of the Presbytery of West Tennessee, James M. Priest, of the Presbytery of New York, and the Rev. H. W. Ellis, of the Presbytery of Tuscaloosa, be and they hereby are de- tached from their respective Presbyteries and constituted a Presbytery, to be called the Presbytery of Western Africa ; that they shall meet for the purpose of being organized at such time and place as they shall mutually agree upon, and that the eldest minister present shall preside until a mod- erator be chosen. And further, that the Presbytery of Western Africa shall be attached for the present to the Synod of Alabama. Resolved, That the Rev. R. M. Loughridge, of the Presbytery of Tusca- loosa, H. Ballentine, of the Presbytery of New Brunswick, and D. W. Eakins, of the Presbytery of Philadelphia, be and they hereby are de- tached from their respective Presbyteries and constituted a Presbytery, to be called the Presbytery of the Creek Nation ; that they shall meet for the purpose of being organized at such time and place as they shall mu- tually agree upon, and that the eldest minister present shall preside until a moderator be chosen. And further, that the Presbytery of the Creek 34 266 FORM OF GOVERNMENT. Nation be attached for the present to the Synod of Mississippi. — 1848, pp. 20, 21, O. S. i. Presbytery of California. — 1849, p. 264, O. S. Presbytery of San Francisco. — 1849, p. 176, N. S. The persons named are hereby detached from their respective Presbyteries and constituted a Presbytery. Resolved, That the Assembly do hereby order and constitute a Presby- tery in Oregon, consisting of Messrs. Thompson, Geary and Robe; and that they be empowered to assemble and constitute themselves a Presby- tery, at such time and place during the ensuing summer or autumn as may be found most convenient to them, and report to the next General Assembly, and for this purpose these brethren be detached from the Pres- bytery to which they belong, and when formed, the said Presbytery be attached to the Synod of New York ; and the Presbytery to be called the Presbytery of Oregon. — 1851, p. 35, O. S. Presbyteries of Sierra Nevada and San Jose 4 . — 1857, p. 383, N. S., and passim. j. Since the Reunion. The Presbytery of Yedo — 1870, p. 71 ; of Wyo- ming— 1871, p. 546; Montana— -187.2, p. 88. 2. To Transfer Churches from one Presbytery and Synod to Another. A petition from the congregation of Solesbury, under the care of the Presbytery of Philadelphia, referred to the Assembly by said Presbytery, was overtured and read. This petition requested that the congregation of Solesbury be separated from the Presbytery of Philadelphia and at- tached to the Presbytery of Now Brunswick. This request having pre- viously been before the Synod of Philadelphia, and having been referred to the Presbytery by the Synod, and the Presbytery having given their consent, it was resolved that the request be granted, and it hereby is granted, and the congregation of Solesbury is detached from the Presby- tery of Philadelphia, and connected with the Presbytery of New Bruns- wick.— 1824, p. 105. See also 1827, p. 201, 202, 205; 1829, p. 260; 1831, p. 324; 1868, p. 633, O. S., et passim. See also under chap, xi., sec. i., 4, for changes since the Reunion.— 1871, p. 540, 541, 545, 546 ; 1872, p. 86, 88 ; 1873, p. 525. 3. To Transfer Ministers from one Presbytery to Another, or to a New one. See a, above, also /and h. a. There being no quorum of Presbytery. — 1858, p. 268, 280, O. S. b. In forming new Presbyteries or Synods, see above, h. Also The Ena- bling Act of 1870, chap, ix., sec. ii., 8.— 1872, p. 94. 4. To Receive other Ecclesiastical Bodies. a. The Presbytery of Suffolk— 1749, p. 238; of Dutchess County— 1763, p. 330. See Baird's Revised Edition, p. 562. b. The Presbytery of Charleston. Resolved, That the prayer of the petition be granted, and that said Presbytery, retaining their name and their character of incorporation, be and they hereby are taken into connection with the General Assembly ; provided, however, that the members of said Presbytery shall have adopted the Confession of Faith and the Constitution of the Presbyterian Church in the United States of America, and shall also effect a compro- OF THE GENERAL ASSEMBLY. 267 mise or union with the Presbytery of Harmony, which transaction shall be subject to the review and control of the Synod of the Oarolinas. — 1811, p. 475. c. The Associate Reformed Synod. — 1822, pp. 39-42. See Baird, p. 565- 569. d. Presbytery of Pittsburg of the Reformed Presbyterian Church. The same Committee also reported an application from the Presbytery of Pittsburg, of the Reformed Presbyterian Church, to unite as a Presby- tery with the General Assembly of the Presbyterian Church, and to be- come subject to the jurisdiction of this body, on the simple condition of being allowed to remain, as they are still attached to the great principles of the Reformation, without being disturbed in their time-honored modes of worship and economical usages generally. On the recommendation of the Committee the request was granted. The Committee also recommended that the Presbytery of Pittsburg be attached to the Synod of Allegheny, and that Rev. John McMillan be enrolled as a member of this General Assembly as a delegate from that Presbytery. Which was adopted.- -1870, p. 30. 5. To DefLoe the Succession of Presbyteries. Overture No. 7, from the Presbytery of Chester, respecting the succes- sion to the late Presbytery of New CWdft: The Committee report that the Synod of Philadelphia, in its reconstruction of Presbyteries, declared that the Presbytery of Chester was the legal successor of the late Presbytery of New Castle, and that the Synod of Baltimore also declared that its present Presbytery of New Ca?tle was the legal successor of the old organ- ization. It appears, however, that the minsters and churches of the old Presbytery are equally divided between the present Presbyteries of New Castle and Chester, and so neither is entitled to the succession. The Com- mittee think that as the present Presbytery of New Castle has the name of the late organization, the town where the first organization was made, the chief part of the original territory, early history and associations and a valuable charter from the State of Delaware, under which some property is now held, it should, also, have the succession, and the following resolu- tion is, therefore, recommended : Resolved, That the Presbytery of New Castle, iu the Synod of Balti- more, be and the same is hereby declared to be the legal successor of the late Presbytery of New Castle, and as such is entitled to the possession and enjoyment of all the rights and franchises, and liable to the perform- ance of all the duties, of that Presbytery. It is also recommended that the candidates and licentiates who were under the care of the former Presbytery of New Castle, at the date of the Reconstruction Act of 1870, but who resided in the territory embraced in the present Presbytery of Chester, be attached to the latter Presbytery. — 1871, p. 539. IV. OF CORRESPONDING WITH FOREIGN CHXJ.ttCUS& 1. The Assembly alone may Open Correspondence, The Committee appointed to examine the records of the Synod pf Ten- nessee reported, and the records were approved, with the except ; oi> of a proposal to establish a plan of intercourse between said Synod tmO the Cumberland Presbyterians, of which proposal the Assembly disapprove, on the ground that it belongs to the Assembly to correspond with forei^Ai 268 FORM OF GOVERNMENT. churches on such terms' as may be agreed upon by the Assembly and the corresponding body. — 1827, p. 219. Reaffirmed.— 1866, p. 80, O. S. [For local correspondence of the inferior judicatories, see under Form of Government, chap, x., sec. xii.] 2. Proposals for Correspondence with the New England Churches. [In 1766 the General Synod adopted an overture " to endeavor to obtain some correspondence between this Synod and the Consociated churches of Connecticut. A Committee was appointed to meet the delegates from Connecticut. — Minutes, 1766, p. 364. A convention of the delegates was held at Elizabethtown, November 5, 1766. Its minutes were laid before the Synod, " seriously considered and amended." Delegates were appointed to attend at New Haven September 10, " there finally, on the part of this body, to complete the plan of union." — Minutes, 1767, p. 374. Under this plan the Convention met alternately in New Jersey and Connecticut until 1776, when the war interrupted it. In 1790 the General Assembly invited a renewal of the intercourse : " Resolved, That the ministers of the Con- gregational churches of New England be invited to renew their annual Convention with the clergy of the Presbyterian Church." — 1790, p. 29. A Committee was appointed under the above resolution, and on their report, the next year, another Committee was appointed to meet at New Haven "such ministers of the New England churches as may be there present."— 1791, p. 33.] 3. Plan of Correspondence with the General Association of Con- necticut. The minutes of the Convention of the Committee of the General Assem- bly of the Presbyterian Church in the United States, and of the General Association of the State of Connecticut, were taken into consideration, an extract of which is as follows, viz. : Considering the importance of union and harmony in the Christian Church, and the duty incumbent on all its pastors and members to assist each other in promoting, as far as possible, the general interest of the Redeemer's kingdom, and considering further that divine Providence appears to be now opening the door for pursuing these valuable objects with a happy prospect of success, this Convention are of the opinion that it will be conducive to these important purposes that a Standing Commit- tee of Correspondence be appointed in each body, whose duty it shall be, by frequent letters, to communicate to each other whatever may be mutu- ally useful to the churches under their care and to the general interest of the Redeemer's kingdom ; that each body should from time to time appoint a Committee consisting of three members, who shall have a right to sit in the other's general meeting and make such communications as shall be directed by their respective constituents, and deliberate on such matters as shall come before the body, but shall have no right to vote ; that effectual measures be mutually taken to prevent injuries to the respect- ive churches from irregular and unauthorized preachers. To promote this end the Convention judge it expedient that every preacher traveling from the limits of one of these churches into those of the other shall be furnished with recent testimonials of his regular standing and good charac- ter as a preacher, signed by the moderator of the Presbytery or Associa- tion in which he received his license, or, if a minister, of his good stand- ing and character as such from the moderator of the Presbytery or Asso- ciation where he last resided, and that he shall previously to his traveling OF THE GENERAL ASSEMBLY. 269 as a preacher into distant parts, further receive a recommendation from one member at least of a standing Committee to be hereafter appointed by each body, certifying his good qualifications as a preacher. Also, that the names of this standing Committee shall be mutually communicated ; and also that every preacher traveling and recommended as above, and submitting to the stated rules of the respective churches, shall be received as an authorized preacher of the gospel, and cheerfully taken under the patronage of the Presbytery or Association within whose bounds he shall find employment as a preacher ; and that the proceedings of the respect- ive bodies on this report be communicated to our brethren of the Congre- gational and Presbyterian churches throughout the States." Upon mature deliberation the Assembly unanimously and cordially approved of said plan, and to carry the same into effect appointed the Rev. Drs. John Rodgers, John Witherspoon and Ashbel Green to be a Committee of Correspondence, agreeably to said plan. And it is more- over agreed that this Assembly will send delegates to sit and consult with the General Association of Connecticut, and receive their delegates to sit in this Assembly, agreeably to another article of the plan, as soon as due information shall be received that it is adopted on the part of the Gene- ral Association of Connecticut. A standing Committee was appointed, " To certify the good qualifica- tions of the preachers traveling to officiate in the bounds of the Association of the State of Connecticut. And it was agreed that any preacher trav- eling as aforesaid shall have at least the name of one of the Committee, who shall belong to the Synod from whose bounds he came." — 1792, p. 52. [The Convention was ratified by the General Association of Connecti- cut, and Dr. Jonathan Edwards and Rev. Matthias Burnett took their seats in the Assembly. — 1793, p. 64.] In 1794, p. 80, the Assembly proposed to the Association "that the delegates from these bodies respectively shall have a right not only to sit and deliberate, but also to vote, on all questions which may be determined by either of them." The Association acceded to the proposition. — 1795, p. 96. In 1827, p. 213, the Assembly asked the bodies in New Eugland to which these rights had been conceded to give up the right to vote, as follows, viz. : It appears that in the plan of intercourse between the Congregational Churches of New England and the General Assembly of the Presbyte- rian Church an article was adopted which is now believed to be incon- sistent with a sound construction of the Constitution of the latter Church. This article, it is due to truth and candor to remark, was proposed by the Presbyterian Church without an overture from the Congregational churches, and in regard to which they did nothing more than accede to the proposition submitted to them. The article to which we allude relates to the powers granted to the delegates of the corresponding churches to vote as well as to deliberate on the various subjects that may come before the representatives of these churches respectively. The right of voting in the General Assembly cannot, it is believed, be constitutionally granted to any but to the commissioners appointed by the Presbyteries whose rep- resentatives compose that Assembly. We have, therefore, respectfully to request that the plan of intercourse between you and us may be so modified as that the delegates to each body may hereafter be empowered to sit and deliberate only, but not to vote. It is believed that the modification here contemplated, if it shall be con- sented to on your part, will not only place the Assembly on constitutional ground, but by placing your Association on the same footing with other 270 FORM OF GOVERNMENT. religious communities with which we hold a friendly correspondence will destroy the appearance of an invidious distinction which now exists, and thus be calculated to promote extensively that mutual friendship and har- mony which it is desirable to maintain and perpetuate among all who love the truth as it is in Jesus. — 1827, p. 213. [The respective bodies acceded to the request, and since 1830 no dele- gate from a corresponding body has had the right to vote. For terms of correspondence with the various congregational bodies see New Digest, pp. 439-449; Baird, Rev. Ed., pp. 506-525.] 4. The Plan of Union, and Action under it. See New Digest, chap, xii., sees. i. and ii., pp. 452-469, and minutes of 1801, pp. 221, 224, 225; 1835, p. 486; 1837, p. 421, 458, 464; also Baird, Rev. Ed., pp. 570-581. 5. Correspondence with the Reformed Churches. [For a full history of the early relations of the Assembly to the Dutch and Associate Reformed churches, see Baird, Rev. Ed., pp. 525-533. In 1820 the following Plan of Correspondence with the Associate Reformed Church was adopted. The Synod united with the General Assembly in 1822, but the plan is given as containing valuable illustrations of the powers and the spirit of the Assembly :] The consideration of the plan of a brotherly correspondence between this Assembly and the General Synod of the Associate Reformed Church was resumed, and after a full discussion the plan was adopted, and is as follows, viz.: I. The churches are to remain entirely separate and independent. II. Any member of either church may be received to communion in the other on producing to the proper church officers sufficient evidence of a good and regular standing in the church with which he is connected. III. It shall be permitted to the competent church officers in any con- gregation, settled or vacant, of either church, to invite to preach in their pulpit any minister or probationer who is in good standing in either of the said churches, and who preaches in their purity the great doctrines of the gospel, as they are stated in their common Confessions of Faith, and have generally been received and taught in the Reformed churches. But it shall be entirely optional to give or withhold such invitation, nor shall it be esteemed offensive or unkind if the invitation be withheld. IV. A vacant congregation shall be at liberty to call a minister from either of the churches according to the order established in that church from which he may be called, he conforming himself to the order of the church to which he shall be called. And in case of a congregation being formed of people from both, it shall be at liberty to put itself under the care of either, at its option. V. Persons under censure, or process of censure, In either church, shall not be received in the other church while such censure remains or such process is unfinished. VI. Any Presbytery or Synod not formed by delegation of either church may invite the regular members of any similar judicatory of the other church to sit as corresponding members ; but should the invitation not be deemed expedient, the withholding of it shall not be considered as unkind or offensive. VII. The General Assembly of the Presbyterian Church and the Gen- eral Synod of the Associate Reformed Church shall each appoint one min- ister and one elder, with an alternate of each, to sit in these judicatories OF THE GENERAL ASSEMBLY. 271 respectively, with the privilege of deliberating on all subjects that may come before them, but not of voting on any. Resolved, That to carry into effect the last article of this report, this Committee of Conference recommend to the General Assembly and the General Synod to appoint their delegates the year preceding. — 1820, p. 731 a. With the Reformed Dutch Church. The Committee to which were referred the minutes of the General Synod of the Reformed Dutch Church, on the subject of correspondence between that Synod and the General Assembly, reported, and their report, being read, was accepted. A motion was made and seconded that the report be adopted. After some discussion of this motion it was postponed to take up the following resolution, which after discussion was adopted, viz.: Resolved, That the plan of correspondence, as amended by the General Synod of the Reformed Dutch Church, together with the additional article proposed by that body, be adopted, with an expression of a hope, however, that the additional article in question will be reconsidered by the Synod at their next meeting, so that, unless it should be regarded as of vital import- ance to the mutual and friendly correspondence of both bodies, it may be expunged, depending in this case upon the honorable principles of inter- course founded on our common Christianity. The several articles of the plan were then read, and the vote taken upon them separately, and finally, the vote being taken upon the whole, they were adopted, and are as follows, viz. : 1. The churches are to remain entirely separate and independent. 2. Any member of either church may be received to communion in the other on producing to the proper church officers sufficient evidence of a good and regular standing in the church with which he is connected. 3. It shall be permitted to the competent church officers in any congre- gation, settled or vacant, of either church, to invite to preach in their pul- pit any minister or probationer who is in good standing in either of said churches, and who preaches in their purity the great doctrines of the gos- pel, as they are stated in their respective Confessions of Faith, and have generally been received and taught in the Reformed Churches ; but it shall be entirely optional to give or withhold such invitations, nor shall it be esteemed offensive or unkind if the invitation is withheld. 4. A vacant congregation shall be at liberty to call a minister from either of the churches according to the order established in that church from which he may be called, he conforming himself to the order of the church to which he shall be called. And in case of a congregation being formed of people from both, it shall be at liberty to put itself under the care of either, at its option. 5. Persons under censure, or process of censure, in either church, shall not be received in the other church while such censure remains or such process is unfinished. 6. The ministers of either church may be invited to sit as corresponding members in their respective judicatories, except the highest and the lowest, viz.: the church sessioi and consistory, the General Assembly and the General Synod. 7. The General Assembly of the Presbyterian Church and the General Synod of the Reformed Dutch Church shall each appoint one minister and one elder, with an alternate of each, to sit in these judicatories re- spectively, with the privilege of deliberating on all subjects that may come before them. Additional Article. — 8. The ministers of one of the corresponding 272 FORM OF GOVERNMENT. churches shall not ~n any case intrude upon the office of the ministers of the other church.— 1823, p. 76. [The Synod of the Dutch Church did not think proper to rescind the 8th article above.] b. Amendment of the Plan. [In 1828 the Synod complained to the Assembly against the Presbytery of Columbia for receiving a student under the care of the classis of Al- bany, and licensing him. — 1828, p. 237. In 1830, in view of the above case, the following additional article was proposed by the Dutch Church and adopted by the Assembly:] That none of the inferior judicatories under the care of the correspond- ing churches shall be at liberty to admit into their respective bodies, or under their care, any student or licentiate from their sister church, with- out a regular dismission from the ecclesiastical body or theological sem- inary to which he is considered as attached. — 1830, p. 288. c. Proposal Declined. Dr. Scott, delegate from the Reformed Dutch Church, presented to the Assembly the following minute from the General Synod of that body re- specting the transference of churches : Resolved, That if the General Assembly shall concur, no church shall be transferred from the one body to the other without the formal dismissal of the Presbytery or classis with which it shall have been connected. Which, on motion, was referred to a special Committee. — 1851, p. 17, O. S. Dr. Stockton, from the Committee on the Minute of the General Synod of the Reformed Dutch Church, presented the following resolution, which was adopted, viz. : Resolved, That in the judgment of the Assembly great prudence and courtesy should be manifested by the Presbyteries in the reception of churches from the classis of the Reformed Dutch Church, and that, where it is practicable, the consent of all parties concerned should be at least sought and, if possible, secured ; but that the adoption of an absolute rule, such as is proposed by the General Synod of the Reformed Dutch Church, would probably be productive of hardships to churches and in- convenience to both denominations; and therefore, for the present at least, the Assembly very respectfully and fraternally beg leave to decline its concurrence in the adoption of said rule. — 1851, p. 21, O. S. d. Complaint against the Presbytery of North River. On a complaint of the Reformed Dutch Church against the Presbytery of North River, the Assembly — Resolved, 1. That though the consistory of the Second Reformed Dutch Church of Kingston may have acted arbitrarily in refusing certificates to its members applying for them, to join one of our churches, this Assem- bly regards as irregular, and as wanting in the due exercise of Christian forbearance, the proceeding of North River Presbytery, in so hastily or- ganizing a church composed mostly of the members whom said consistory had refused to dismiss. 2. That though the classis of Ulster may have done wrong in withhold- ing from the Rev. Mr. Smuller the certificate for which he applied to join the Presbytery of North River, this Assembly cannot approve of the act of said Presbytery in receiving him, regarding their act, in so doing, as OF THE GENERAL ASSEMBLY. '273 deficient in the exercise of that forbearance which should obtain in the intercourse of sister churches. 3. That the stated clerk express to the Dutch Church the deep, regret which this Assembly feels that there should have been any cause for com- plaint or recrimination. — 1855, p. 302, O. S. 6. Southern Presbyterian Church Recognized as an Independent Body. — Synods and Presbyteries Adhering to it Stricken from the Roll. The special Committee appointed to take into consideration certain matters relating to the Southern churches respectfully reports that the following papers have been placed in its hands, and have been carefully considered, viz. : 1. An overture from the Presbytery of Zanesville, asking " that the Assembly strike from the lists of Synods, Presbyteries and churches those at the South which have ceased to report or be in connection with us, and that they be recognized as an independent body of Presbyterians, and over- tures of friendly correspondence be made to them." 2. An overture from the Presbytery of St. Clairsville of like import. 3. An overture from the Presbytery of Steubenville, asking that the aforementioned Synods, Presbyteries and churches be stricken from the roll. 4. A memorial signed by certain ministers and ruling elders, asking in general terms that the General Assembly " devise such wise and concilia- tory measures as may open the way for the renewal of fraternal relations with our brethren of the Southern churches." In view of all these, your Committee would recommend the adoption of the following preamble and resolutions : Whereas, The Synods of Alabama, Arkansas, Georgia, Memphis, Mis- sissippi, North Carolina, South Carolina, Texas and Virginia, with the several Presbyteries under their care, have, with the exception of the Presbytery of New Orleans in the Synod of Mississippi, voluntary with- drawn from our connection and organized themselves into a separate Church. Therefore, Resolved, 1. That the permanent clerk is directed to drop their names from the list of our Synods and Presbyteries, and they are no longer to be regarded as a part of the Presbyterian Church under the care of this Assembly, with the exception of the Presbytery of New Orleans, which is hereby attached to the Synod of Nashville. Resolved, 2. That the Assembly does hereby recognize the organization into which these Synods have formed themselves as a separate and inde- pendent Church, sustaining to us the same relation which we accord to other branches of the Presbyterian Church ; and hereafter it is to be treated accordingly by all the courts under our care. Resolved, 3. That the Assembly also takes this occasion to say that while it cannot justify those brethren in separating themselves from the Church of their fathers, it regrets their withdrawal, and expresses the earnest hope that they may see their way clear to return to their former relations.— 1868, p. 642, O. S. 7. Correspondence -with the Southern Presbyterian Church. a. The following preamble and resolutions, presented by Rev. William Adams, D. D., were unanimously adopted, viz. : Whereas, This General Assembly believes that the interests of the king- dom of our Lord throughout our entire country will be greatly promoted by healing all unnecessary divisions ; 35 274 FORM OF GOVERNMENT. Whereas, This General Assembly desires the speedy establishment of cor- dial fraternal relations with the body known as the " Southern Presbyterian Church," on terms of mutual confidence, respect, Christian honor and love ; Whereas, We believe that the terms of reunion between the two branches of the Presbyterian Church at the North, now so happily consummated, present an auspicious opportunity for the adjustment of such relations ; therefore, be it Resolved, 1. That a Committee of five ministers and four elders be ap- pointed by this Assembly to confer with a similar Committee, if it shall be appointed by the Assembly now in session in the city of Louisville, Ky., in respect to opening a friendly correspondence between the Northern and Southern Presbyterian Churches, and that the result of such confer- ence be reported to the General Assembly of 1871. Resolved, 2. That with a view to the furtherance of the object con- templated in the appointment of said Committee, this Assembly hereby reaffirms the "Concurrent Declaration" of the two Assemblies which met in the city of New York last year, viz. : "That no rule or precedent which does not stand approved by both bodies shall be of any authority in the reunited body, except in so far as such rule or precedent may affect the rights of property founded thereon." Resolved, 3. That tw T o ministers and one elder of the Committee ap- pointed by this Assembly be designated as delegates to convey to the Assembly now in session at Louisville, Ky., a copy of these resolutions, with our Christian salutations. — 1870, p. 18. b. William Adams, D. D., C. C. Beattv, D. D., P. H. Fowler, D. D., H. J. Van Dyke, D. D, J. C. Backus, D.D., Henry Green, LL.D., Hon. William E. Dodge, Mr. James Brown and Hon. Daniel Haines were appointed a Committee of Correspondence with the General Assembly of the Presbyterian Church South, now in session at Louisville, Ky. — ib., p. 20. c. J. C. Backus, D. D., and Hon. Wm. E. Dodge, two of the above Committee, made a verbal report of their visit to Louisville, which was accepted. — ib., p. 34. Subsequently, ' d. The stated clerk reported a communication from the General Assem- bly of the Presbyterian Church South, which was read. [For the Letter in full see Minutes 1870, pp. 56-58.] Whereupon the following response, reported by the Committee on Cor- respondence with the Church South, was adopted: Whereas, This General Assembly, at an early period of its sessions, declared its desire to establish cordial fraternal relations with the General Assembly of the Presbyterian Church in the United States, commonly known as the Southern Assembly, on the basis of Christian honor, confi- dence and love, and with a view to the attainment of this end appointed a Committee of five ministers and four elders to confer with a similar Committee, if it should be appointed by the Assembly then in session at Louisville, Ky., " in regard to the amicable settlement of all existing dif- ficulties, and the opening of a friendly correspondence between the North- ern and Southern Churches;" and for the furtherance of the objects con- templated in the appointment of said Committee, and with a view to remove the obstacles which might prevent the acceptance of our propo- sals by our Southern brethren, reaffirmed the Concurrent Declaration of the two Assemblies which met in New York last year, to the effect that " no rule or precedent which does not stand approved by both the bodies shall be of any authority in the reunited body, except so far as such rule or precedent may affect the rights of property founded thereon/' and as a further pledge of our sincerity in this movement sent a copy of our OF THE GENERAL ASSEMBLY. 275 resolutions, together with our Christian salutations, to the Assembly at Louisville by the hands or delegates chosen for that purpose, And whereas, The Southern Assembly, while receiving our delegates with marked courtesy and formally complying with our proposition for the appointment of a Committee of Conference, has nevertheless accom- panied that appointment with declarations and conditions which we can- not consistently accept, because they involve a virtual prejudgment of the very difficulties concerning which we invited the conference ; therefore, Resolved, That the further consideration of the subject be postponed, and the Committee be discharged. At the same time, we cannot forbear to express our profound regret that a measure designed and, as w T e believe, eminently fitted to promote the establishment of peace and the advance- ment of our Redeemer's kingdom in every part of our country has appa- rently failed to accomplish its object. We earnestly hope that the nego- tiations thus suspended may soon be resumed under happier auspices, and hereby declare our readiness to renew our proposals for a friendly corre- spondence whenever our Southern brethren shall signify their readiness to accept it in the form and spirit in which it has been offered. — 1870, pp. 56-58. e. Overture No. 15, from the Presbytery of Des Moines, with reference to union with the General Assembly of the Presbyterian Church South. The Committee recommend the adoption of the following resolution : Resolved, That as the General Assembly has heretofore declared its will- ingness to resume fraternal relations and Christian union with the Assem- bly South, and still retains the same sentiment, it is deemed unwise tc take any action at present on this overture. Adopted. — 1872, p. 70. /. Action touching those adhering to the Southern General Assembly and Old School Synod of Missouri declared Null and Void. An overture from the Presbytery of Baltimore, asking the Assembly to affirm the doctrines of the standards of our Church pertaining to the civil magistrate and the relation of Church and State ; also one from the Pres- bytery of Austin, concerning certain rules passed previously to the Re- union with regard to members of the Southern Presbyterian Church. As the subjects of these overtures greatly concern the peace and pros- perity of the Church, especially in those regions more directly affected by the late civil war, the Committee would recommend the adoption of the following paper : The General Assembly, deploring the divisions that have occurred, and that continue, among Presbyterians in the United States of America, and earnestly desiring to do whatever is consistent with duty and fidelity to the Lord toward healing these divisions, and furthermore, having good reason to hope that the action contemplated in the following paper will promote and secure this happy result, do solemnly declare — First. That in accordance with a resolution unanimously adopted by each of the two bodies now constituting the reunited Church, all action touching the brethren adhering to the body popularly known as the Southern General Assembly, together with all action touching the breth- ren adhering to the body known as the Old School Synod of Missouri, has been since the Reunion null and void, and therefore of no binding effect, and not to be pleaded as a precedent in the future, i Second. The Assembly also express confidence in the soundness of doc- trine and in the Christian character of these brethren, and cannot doubt that a more intimate communion would lead to the speedy removal of the 276 FORM OF GOVERNMENT. barriers that now separate those of like precious faith, to increased mutual affection and esteem, and to a practical manifestation of our oneness in Christ. Third. With regard to the civil magistrate and the relations of Church and State, the Assembly deem it sufficient to call attention to the follow- ing principles and statements found in these standards, to wit: I. "Synods and Councils are to handle or conclude nothing but that which is ecclesi- astical, and are not to intermeddle with civil affairs which concern the commonwealth, unless by way of humble petition in cases extraordinary, or by way of advice for satisfaction of conscience, if they be thereunto re- quired by the civil magistrate." (Confession of Faith, chap, xxxi., sec. iv.) II. " That God alone is Lord of the conscience, and hath left it free from the doctrine and commandments of men, which are in anything contrary to his word, or beside it, in matters of faith or worship;" "that all church power, whether exercised by the body in general or in the way of repre- sentation by delegated authority, is only ministerial and declarative — that is to say, that the holy Scriptures are the only rule of faith and manners ; that no church judicatory ought to pretend to make laws to bind the con- science in virtue of their own authority, and that all their decisions should be founded upon the revealed will of God." (Form of Gov., chap, i., sees. ". and vii.) Fourth. For the purpose of carrying out the spirit of the foregoing res- olutions, the Assembly will appoint two Committees to confer with similar Committees, if appointed by the General Assembly of the Presbyterian Church in the United States and by the Old School Synod of Missouri, to seek closer and more fraternal relations with these bodies. — 1873, p. 502. 8. Report on Foreign Correspondence. The Committee on Foreign Correspondence reported in part as follows : The Committee on Foreign Correspondence respectfully recommend to the Assembly that the Rev. William Arnot and the Rev. William G. Blaikie, D. D., from the General Assembly of the Free Church of Scot- land, the Rev. Robert Watts, D. D., and Mr. Thomas Sinclair, from the General Assembly of the Presbyterian Church in Ireland, the Rev. John Edmond, D. D., and the Rev. John McLeod, D. D., from the Synod of the United Presbyterian Church of Great Britain and Ireland, and the Rev. David Inglis and the Rev. Thomas Lowry, from the Synod of the Canada Presbyterian Church, be admitted to seats in this Assembly as delegates from the several ecclesiastical bodies they represent, and that they be heard in the order above named at a session of the Assembly to be held for that purpose on Wednesday next, at 7$ o'clock p. m. The Committee further recommend the adoption of the following reso- lution : Resolved, That this Assembly cordially receives the delegates from the Synod of the United Presbyterian Church of Great Britain and Ireland — a body not hitherto in correspondence with either branch of our reunited Church — and that the Committee on Correspondence be directed to nomi- nate delegates who shall present our greetings to that Synod at its meet- ing next year. — 1870, p. 17. Your Committee would also report that a communication has been re- ceived from the general conference of churches in Connecticut, notifying us that they appointed no delegate this year, as steps were being taken toward the formation of a national convention of Congregational churched which would more properly send delegates to represent that body in our General Assemblies. — 1871, p. 531. OF THE GENERAL ASSEMBLY. 277 9. Bodies with which the Assembly is at Present in Corre- spondence. 1. General Assembly of the Free Church of Scotland. 2. General Assembly of the Church of Scotland. 3. General Assembly of the Presbyterian Church in Ireland. 4. Synod of the Presbyterian Church of Great Britain and Ireland. 5. General Assembly of the Canada Presbyterian Church. 6. Synod of the Presbyterian Church in Canada in connection with the Church of Scotland. 7. General Synod of the Reformed Church in America. 8. General Assembly of the United Presbyterian Church of North America. 9. General Synod of the Evangelical Lutheran Church of the United States. 10. Synod of the Presbyterian Church in the Lower Provinces of Brit- ish North America and the Synod of the Presbyterian Church in connec- tion with the Church of Scotland. 11. General Assembly of the Cumberland Presbyterian Church. 12. General Assembly of the Welsh Presbyterian Church in America. 13. General Synod of the Reformed Church of France. 14. National Council of the Congregational churches in the United States of America. 15. Synod of the Waldensian Church. — 1873, p. 537. 10. Power of the Assembly to expel a Member. Mr. Galloway rose to a question of privilege, and read an article from the Ohio Statesman reflecting severely upon his character and that of the General Assembly, which article he attributed to the Rev. W. M. Fergu son, a member of this house. Dr. Krebs offered the following : Resolved, That unless the Rev. William M. Ferguson forthwith retract the offensive publication, and make an ample apology to the satisfaction of this house, he be immediately expelled. The moderator having waited a suitable length of time for an explana- tion or retraction, and Mr. Ferguson having declined to speak, the mode- rator took the vote, and the resolution was adopted, when the moderator declared Mr. Ferguson to be expelled from the Assembly. Mr. Ferguson having declared that he had not understood that an ex- planation at that time was demanded, the vote was, on motion of Dr. Krebs, reconsidered, in order to renew to Mr. Ferguson the opportunity he had failed to use before the resolution to expel him was adopted. Mr. Fergu- son then rose and explained, after which Mr. McKnight offered the fol- lowing as an amendment to the motion of Dr. Krebs : Resolved, That the Rev. William M. Ferguson, a commissioner to this General Assembly, because of a gross, abusive and scandalous libel, pub- lished in the Ohio Statesman, on members of this body, which he has now qualified in the presence of the Assembly, is entitled to and does hereby receive the grave censure of this Assembly. Various resolutions to substitute, to amend and to commit were pro- posed, which were all laid upon the table in order that by general consent Dr. Krebs might offer the following resolution, viz. : Resolved, That whereas the Rev. W. M. Ferguson, a commissioner to this General Assembly from the Presbytery of Zanesville, is. by his own acknowledgment, guilty of writing and publishing in the Ohio Statesman 278 FORM OF GOVERNMENT. a gross, abusive, scandalous and slanderous libel against the members of this Assembly, and against this Assembly itself, and although he has quali- fied it in the presence of this Assembly this morning, his explanation is not deemed satisfactory ; therefore, Resolved, That the Rev. Wm. M. Ferguson be forthwith expelled as a member of this house. On these resolutions the previous question was called for, and the call was sustained. The main question was then put, and the resolutions were adopted, when the moderator again announced that the Rev. W. M. Ferguson, a commissioner from the Presbytery of Zanesville, had been expelled from membership in this General Assembly. — 1866, p. 58, O. S. 11. Report on the Perils which Beset the System of Popular Edu- cation. The Committee on the Perils which Beset the System of Popular Edu- cation presented their report, which, having been read and considered, was adopted, and is as follows: The Committee appointed to consider the perils which beset the system of popular education in this country, and to prepare a minute expressive of the sentiment of the General Assembly on this momentous question, beg leave to report : The public school in the United States is a most precious heirloom of American liberty. Planted in the early colonial days, it has grown and expanded into one of the most beneficent and fruitful institutions of the country. Its history is interwoven with that of the nation. No other agency, if we except the Church of God, has had so large a share in lay- ing the foundations of popular intelligence, virtue and freedom in the United States. In hardly any other institution is the characteristic Amer- ican idea so happily and fully realized. It cannot be endangered, there- fore, without peril to the vital interests of American society. In this view the recent assaults upon it are fitted to arrest the attention of every Christian patriot and philanthropist. These assaults resemble skirmishes which precede and are intended to draw on a great battle. But the motives and ultimate aim of those who have made them are very different; they have joined hands merely to gain a temporary advantage. One party hold that the public school should be purged of every vestige of religion, that inasmuch as all the people are taxed for its support there should be recognized in it no form of Christian instruction or influ- ence to which any of the tax-payers profess conscientious objections. This is the position maintained by the advocates of a total divorce of popular education from the Christian life and morals of the nation. The other party regard such a theory of popular education as false and unchristian ; they hold that there should be careful instruction in religious truth and duty under the direction of the Church ; and inasmuch as this is not pos- sible in the common school, they advocate for themselves the sectarian school, and demand their share of the public school fund to enable them to sustain it. The importance of the question thus raised cannot be easily over-esti- mated. The question of popular education, indeed, both at home and abroad, is one of the great problems of the age. Its decision among our- selves involves consequences of vast moment to the American people. Shall the old system be revolutionized, and every form of Christian instruc- tion or influence in the public school be prohibited ? Or shall the insti- tution itself be given up, and sectarian schools take its place? We should regard the successful attempt to expel all religious instrue- OF THE GENERAL ASSEMBLY. 279 tion and influence from our public schools as an evil of the first magni- tude. Nor do we see how, according to the principles upon which it is advocated, this can be done, without inflicting a deadly wound upon the intellectual and moral life of the nation. It is contended that the rights of the individual conscience, as also the just limits of political power under our constitution of government, are violated by the existing system. But scarcely more, we reply, than they are violated by the very genius and organization of American society ; no more than they are violated by all public acknowledgment of God and his providential government, by oaths of office, by the recognition of the Lord's day, by chaplaincies in the army and navy, or by laws against polygamy, blasphemy, perjury and other forms of open immorality and crime ; no more, in a word, than they are violated by the fundamental ideas and order of our Christian civilization. We look upon the State as an ordinance of God, and not a mere creature of the popular will, and under its high responsibility to the supreme Ruler of the world, we hold it to be both its right and bounden duty to educate its children in tho^e elementary principles of knowledge and vir- tue which are essential to its own security and well-being. The union of Church and State is indeed against our American theory and constitutions of government, but the most intimate union of the State with the saving and conservative forces of Christianity is one of the oldest customs of the country, and has always ranked as a vital article of our political faith. What impressive illustrations of this occur along the whole line of our history, and especially during our late national struggle ! We cannot, therefore, help regarding the notion of an absolute secularization of the public school, so that no Christian element shall remain in it, as un- American, wrong and impracticable. We do not see how it can be done without a complete revision of the literature and very dictionary of the language, without reducing the education of the future citizens of the republic to the most meagre and pitiable skeleton of knowledge, without training up the children of the people in ignorance of some of the most interesting and glorious incidents and characters of their own history. ISor do we see how it can be done without sooner or later stamping down- right atheism, not only upon the public school, but upon every other insti- tution of the State, and upon the whole action of government itself. The American people, we cannot doubt, are utterly opposed to so baleful a dogma. It is contrary to their history, to their practice from the begin- ning and to their deepest convictions. But while they can never consent, as we believe, to expel all recognition of God and his truth from the public school, neither can they consent, on the other hand, to let a portion of the public schools pass under the con- trol of any particular denomination, and thus become the instruments of sectarian instruction and influence. It is a matter of the utmost import- ance that the children of the people should be educated together, under the same roof, in the same atmosphere of American thought and feeling, and in those common elements of knowledge, virtue, fraternal sympathy, humanity and patriotism which go to form a good and loyal citizen of our great republic. We sincerely trust, therefore, that our Roman Catholic fellow-citizens, who agree with us on the importance of the moral and religious element in popular education, will continue to co-operate with us in sustaining our American common school system, and in infusing into it as far as possible those universal and benign principles — such as love to God and love to our neighbor — which lie at the foundation of human duty and are essential to the right training of the youthful mind. On this patriotic and <280 FORM OF GOVERNMENT. catholic platform we should hope that a very large majority of those even who dissent entirely from our theological views, and belong, indeed, to no branch of the Christian Church, would be willing to stand with us. We cannot think that there are many of our countrymen who would seriously object to having their children trained up in the public school under the influence of these ancestral and truly democratic principles. The number of such in the past has been exceedingly small, and we cherish the confi- dent hope that it will be so in the future. We believe that the roots of our human and Christian nationality lie deep in the heart of the Amer- ican people. In accordance with the foregoing views, your Committee submit the following resolutions : Resolved, 1. That the General Assembly regard the free public school as an essential part of our republican system, as conducive in the highest degree to the moral unity, common spirit and kindly sympathies of Amer- ican citizenship, and as closely connected with all the best interests of Christian society in the United States. Resolved, 2. That in the judgment of the General Assembly the divorce of popular education from all religious elements, while involving a radi- cal departure from the spirit and principles in which our public school had its origin, would be eminently unwise, unjust and a moral calamity to the nation. Resolved, 3. That the General Assembly are also entirely opposed to the appropriation of any portion of the public school funds for the sup- port of sectarian institutions, and would regard the establishment of such a policy as fraught with the greatest mischief not only to the cause of popular education, but hardly less to the interests of American freedom, unity and progress. Resolved, 4. That whereas the Bible is not only the Magna Charta of the spiritual rights and liberties of mankind, but is also pre-eminently our national book, the best model of our mother tongue and the fountain of our highest thought and of our ruling ideas, both in private and public life, the General Assembly would regard its expulsion from the schools of the people as a deplorable and suicidal act, nor can they perceive that any real advantage could thereby be gained to the cause of popular edu- cation. Resolved, 5. That the General Assembly, conscious of being actuated in this matter by no other motive than the greatest good of the whole coun- try, hereby profess their readiness to co-operate with all Christian people, of whatever name, and with all good citizens, in so modifying and perfect- ing our noble public school system as to obviate, as far as practicable, the conscientious scruples and difficulties of any of its friends, and thus to render it a fountain of still greater light and benediction to us and our children after us to the latest generation. — 1870, pp. 49-52. 12. The Pastoral Letters. 1. On Missions. The letter of the Synod now sitting at Philadelphia, to the several congregations within the bounds of the Synod : September 22, 1719. Christian Friends. Whereas divine Providence, which is the Disposer of the lot of all men, has planted us in these parts of the world, and in such a station wherein we are obliged, in an eminent manner, to study the everlasting welfare of the souls of men. And whereas, to our great grief and exercise, we see OF THE GENERAL ASSEMBLY. 281 many smaller places of lesser ability to maintain and support the interest of Christ among them by the ordinary means of salvation, and yet desirous thereof, languishing in darkness and blindness, and in great danger of utter ruin for lack of vision, casting in our minds how to get these miserable people relieved, could think upon no other way than by using our utmost interest and endeavor to have such a fund or stock of money raised as may be of some use to help those distressed places and people. In pursuance of which design we have addressed our friends in Britain and Ireland not altogether without success. And forasmuch as it seems to us unreasonable and unjustifiable to apply to other places in this affair, and ourselves, who are more immediately con- cerned, to hold our hands, we determined to request the charity of our respective congregations in the premises, that they would yearly make a collection for the carrying on of the said noble and pious design of plant- ing and spreading the everlasting gospel in these provinces. As for arguments to enforce this our proposal, the thing itself is of such consequence and importance, and withal so needful, that we need not, we hope, use any other, only the consideration of a blessing entailed in this and the other world, by God's gracious promises, on all such as do cheer- fully exert themselves for the glory of God and the good of souls, together with the honorable examples that are frequently set us by the good people of our own nation both at home and abroad. So recommending you to the counsel and blessing of the Author and Rewarder of all good works, we subscribe ourselves yours in the truest bonds of Christian affections. — [Letter Booh.']— 1719, p. 58. 2. Pastoral Letter on occasion of the " Old French War." The Synod [of New York], under a sense of the present distressed and calamitous state of the country, do agree that they will recommend to all their congregations to unite in observing the last Thursday of Octo- ber, instant, as a day of public humiliation, fasting and prayer. The Synod propose further to recommend to their congregations to spend part of the last Thursday of every month in extraordinary prayer while the present mournful state of our public affairs continues. And they do further most earnestly recommend it to all their mem- bers, present and absent, to exert themselves in an extraordinary manner, in their several spheres of influence, for a general and thorough reforma- tion of those crying abominations which seem most evidently to have kindled the anger of Heaven against this land. And that they would, in their public performances, frequently explain and warmly press on their hearers the necessity of such a reformation in this day. The Synod taking into serious consideration the dangerous situation of the public at this juncture by means of a potent, prevailing and cruel enemy; the divided state of these colonies; the abounding of profanity, luxury, infidelity, error and ignorance; the evident suspension of spiritual influences from the Church, which is followed with an evident insensibility under the judgments as well as ordinances of God ; together with other awful aspects of divine Providence, cannot but view them as plain demon- strations of his displeasure. We have been warned and chastised, first more gently, then more terribly ; but not returning to Him that smites us, his anger is not turned away, but his hand is stretched out still. Judg- ment yet proceeds, the prospect becomes darker and darker, and all tilings respecting us are loudly alarming. When God judges, he will overcome; 36 282 FORM OF GOVERNMENT. none have ever hardened themselves against him and prospered. Nothing but impiety rouses his vengeance, and nothing but repentance toward him and faith toward our Lord Jesus Christ can turn it away. We have not so much as the least reason to expect deliverance and safety in a way of impenitent sinning ; for we are assured, if we walk contrary to our God, he will w r alk contrary to us, and will punish us yet seven times more for our iniquity. And as we judge that extraordinary distresses are calls to extraordinary humiliation and acts of devotion, so we look on ourselves bound, not only as members of the community, but by the duty of our office, as those who are entrusted with the declaration of God's revealed will, to warn all who will attend unto us, and earnestly exhort them to prostrate themselves before his offended majesty in the humblest manner; to deprecate his righteous displeasure, implore his mercy for themselves, their children, country and nation, their and our rightful and gracious sovereign King George the Second, his royal family, all officers civil and military, and the whole Church of God ; and solemnly endeavor sincere and thorough reformation. For this purpose the Synod agree to recom- mend the last Thursday of this instant, to be observed as a day of public fasting and prayer, in all the congregations under our care. We also rec- ommend to all the members of our body that they exert themselves in promoting a reformation from those evils which have evidently kindled the anger of Heaven against this land ; and that they would frequently urge the necessity of such a reformation in this day. Signed in the name of the Synod. Richard Treat, Synod Clerk. —1756, p. 276. 3. Pastoral Letter upon the Repeal of the Stamp Act. Dearly Beloved : We think it our indispensable duty, not only in our particular charges, but in this united and more public capacity, to di- rect vou to some suitable reflections upon the late remarkable and merciful steps of divine Providence, and to inculcate a becoming improvement of an event the most interesting and important to the people of this conti- nent. For not only in the word of God should we attend to his divine will, but also mark his hand in that providence by which he directs the course of human affairs with invariable wisdom and paternal goodness. The faithless French and their savage allies were lately the rod of di- vine displeasure for our many provocations. Under the calamities of war and the wasting ravages of Indian cruelty, we were repeatedly brought to approach the throne of grace with solemn fasting and prayer, and thereby openly profess our resolution to forsake the ways of sin, and turn unto the Lord. But, alas ! we rendered not to God according to the multitude of his tender mercies; for no sooner was the rod removed, and the bless- ings of peace restored, but we became more vain and dissolute than be- fore. The Almighty, thus provoked, permitted counsels of the most pernicious tendency, both to Great Britain and her colonies. The imposition of un- usual taxes, a severe restriction of our trade and an almost total stagna- tion of business threatened us with inevitable ruin. A long suspense, whether we should be deprived of or restored to the peaceable enjoyment of the inestimable privilege of English liberty, filled every breast with the most painful anxiety. A gloomy cloud thickened over our heads, ready to burst upon us in a desolating storm. Had our gracious Sovereign, the present ministry and the British parliament been less wise, just and good, had they, instead of yielding to a spirit of moderation, unhappily re- OF THE GENERAL ASSEMBLY. 283 curred to force, we shudder at the very thoughts of the consequences. We cannot look down the precipice on the brink of which we stood, with- out horror. We were not without reason apprehensive that the tumultu- ous outrages which in some places attended a determined opposition to the disrelished statute might provoke the resentment of the British legis- lature. When we reflect on the public offences of our land against Heaven ; when we think of the open disregard and violation of the holy Sabbath ; the neglect of the ordinances of divine worship, the abuse of gospel light and privileges, the profane swearing and cursing, intemperance and lux- ury, the various scenes of uncleanness and lasciviousness, the pride and vanity, and every other evil so shamefully prevalent, what less could we expect than that an offended God would have made the gathering tempest to break upon us, and plunged us and our mother country in all the rue- ful calamities of a civil war ? But how astonishing is the long-suffering patience of Jehovah ! He has inclined the hearts of many powerful friends to espouse our cause. He has given us to experience the paternal tenderness of the best of kings, and the moderation of the British parlia- ment. Our gracious God is our deliverer. He is making a further trial of us. May his unmerited goodness lead us to repentance ! We therefore call upon you who are the dear people of our charge not only to acknowledge with joy and gratitude the general providence of God, but also thankfully to adore that particular providence wherein upon special occasions he directs and controls the course of events by his immediate influence, and whereby he hath on the late interesting occasion so signally appeared for our protection. We call upon you constantly to reverence that all-wise and omnipotent Director and Disposer of events, on whom we depend for every mercy we enjoy, to be thankful to him for every instance of prosperity, patient under every affliction, submissive to his wise disposals and obedient to all his holy precepts ; to awake to re- pentance, to consider your ways, and to turn unto the Lord, through his Son Jesus Christ. Let every one beware of adding to the common stock of guilt and iniquity. We beseech and obtest you to be strict in observing the laws and ordinances of Jesus Christ, to pay a sacred regard to his Sabbath, to reverence his holy name and adorn the doctrine of God our Saviour by good works. We pray you to seek earnestly the saving know- ledge of Christ and the internal power and spirit of religion. Thus may you hope for the continued kindness of a gracious Providence, and this is the way to express your gratitude to the Father of mercies for your late glorious deliverance. But persisting to grieve the Holy Spirit by a neg- lect of vital religion and a continuance in sin, you will have reason to dread that a holy God will punish you yet seven times more for your iniquities. While we thus call upon you to fear God, you will not forget to honor your king and pay a due submission to his august parliament. Let this fresh instance of royal clemency increase the ardor of your affection to the person, family and government of our rightful and gracious sover- eign. This you will manifest by a cheerful and ready obedience to civil authority. A. spirit of liberty is highly laudable when under proper reg- ulations, but we hope you will carefully distinguish between liberty and licentiousness. We most earnestly recommend it to you to encourage and strengthen the hands of government, to demonstrate on every proper occasion you'' undissembled love for your mother country and your attachment to he» true interest, so inseparably connected with our own. 2m form of government. That thus you may become wise and good, as well as free and happy, and that while you enjoy liberty, civil and religious, you may not be the servants of sin and Satan, is the fervent prayer of those who watch for your souls as men who must give an account. Signed by order. Elihtj Spencer, Moderator. Presbyterian Church, at New York, May 30, 1766. — 1766, p. 362. 4. Pastoral Letter upon Occasion of the Ee volution ary War. Dr. Witherspoon, Dr. Rodgers, Messrs. Caldwell, Halsey, Smith, Kerr and Ogden are appointed a Committee to bring in to-morrow, in the after- noon, a draught of a pastoral letter. The Committee brought in a draught of a pastoral letter, which, after a few alterations, was approved, ordered to be printed, and is as follows : Very dear Brethren : The Synod of New York and Philadelphia being met at a time when public affairs wear so threatening an aspect, and when (unless God in his sovereign providence speedily prevent it) all the horrors of a civil war throughout this great continent are to be apprehended, were of opinion that they could not discharge their duty to the numerous con- gregations under their care without addressing them at this important cri- sis. As the firm belief and habitual recollection of the power and presence of the living God ought at all times to possess the minds of real Christians, so in seasons of public calamity, when the Lord is known by the judgment which he executeth, it would be an ignorance or indifference highly crim- inal not to look up to him with reverence, to implore his mercy by humble and fervent prayer, and, if possible, to prevent his vengeance by unfeigned repentance. We therefore, brethren, beseech you in the most earnest manner to look beyond the immediate authors either of your sufferings or fears, and to acknowledge the holiness and justice of the Almighty in the present visita- tion. He is righteous in all his ways and holy in all his works. Affliction springeth not out of the dust. He doth not afflict willingly, nor grieve the children of men ; and therefore it becomes every person, family, city and province to humble themselves before his throne, to confess their sins by which they have provoked his indignation, and entreat him to pour out upon all ranks a spirit of repentance and of prayer. Fly also for forgiveness to the atoning blood of the great Redeemer, the blood of sprinkling, which speaketh better things than that of Abel. Remember and confess not only your sins in general, but those prevalent national offences which may be justly considered as the procuring causes of public judgments, particularly profaneness and contempt of God, his name, Sabbaths and sanctuary, p'ride, luxury, uncleanness and neglect of family religion and government, with the deplorable ignorance and security which certainly ought to be imputed to this as their principal cause. All these are, among us, highly aggravated by the inestimable privileges which we have hitherto enjoyed without interruption since the first settlement of this country. If, in the present day of distress, we expect that God will hear our supplications and interpose for our protection or deliverance, let us remember what he him- self requires of us is that our prayers should be attended with a sincere purpose and thorough endeavor after personal and family reformation. " If thou prepare thine heart and stretch out thine hand toward him, if iniquity be in thine hand, put it far away, and let not wickedness dwell in thy tabernacles." Job xi. 13, 14. The Synod cannot help thinking that this is a proper time for pressing all, of every rank, seriously to consider the things that belong to their eter- Dal peace. Hostilities, long feared, have now taken place; the sword has OF THE GEN REAL ASSEMBLY. 285 been drawn in one province, and the whole continent, with hardly any exception, seem determined to defend their rights by force of arms. If, at the same time, the British ministry shall continue to enforce their claims by violence, a lasting and bloody contest must be expected. Surely, then, it becomes those who have taken up arms, and profess a willingness to hazard their lives in the cause of liberty, to be prepared for death, which to many must be certain, and to every one is a possible or probable event. We have long seen w T ith concern the circumstances which occasioned, and the gradual increase of, this unhappy difference. As ministers of the gospel of peace we have ardently wished that it could, and often hoped that it would, have been more early accommodated. It is well known to you (otherwise it would be imprudent indeed thus publicly to profess) that we have not been instrumental in inflaming the minds of the people or urging them to acts of violence and disorder. Perhaps no instance can be given on so interesting a subject in which political sentiments have been so long and so fully kept from the pulpit, and even malice itself has not charged us with laboring from the press ; but things are now come to such a state that we do not wish to conceal our opinions as men and citizens, so the relation we stand in to you seemed to make the present improve- ment of it to your spiritual benefit an indispensable duty. Suffer us, then, to lay hold of your present temper of mind, and to ex- hort, especially the young and vigorous, by assuring them that there is no soldier so undaunted as the pious man, no army so formidable as those who are superior to the fear of death. There is nothing more aw 7 ful to think of than that those whose trade is war should be despisers of the name of the Lord of hosts, and that they should expose themselves to the imminent danger of being immediately sent from cursing and cruelty on the earth to the blaspheming rage and despairing horror of the infernal pit. Let, therefore, every one, who from generosity of spirit or benevo- lence of heart offers himself as a champion in his country's cause, be per- suaded to reverence the name and walk in the fear of the Prince of the kings of the earth, and then he may, with the most unshaken firmness, expect the issue either in victory or death. Let it not be forgotten that though for the wise ends of his providence it may please God for a season to suffer his people to lie under unmerited oppression, yet in general we may expect that those who fear and serve him in sincerity and truth will be favored with his countenance and strength. It is both the character and the privilege of the children of God that they call upon him in the day of trouble, and He who keepeth covenant and truth for ever has said that his ears are always open to their cry. We need not mention to you in how many instances the event in battles and success in war have turned upon circumstances winch were inconsiderable in themselves, as well as out of the power of human pru- dence to foresee or direct, because we suppose you firmly believe that after all the counsels of men and the most probable and promising means, the Lord will do that which seemeth him good ; nor hath his promise ever failed of its full accomplishment. "The Lord is with you while ye be with him, and if ye seek him he will be found of you, but if ye forsake him he will forsake you." 2 Chron. xv. 2. After this exhortation, which we thought ourselves called upon to give you at this time on your great interest, the one thing needful, we shall take the liberty to offer a few advices to the societies under our charge as to their public and general conduct ; and, First. In carrying on this important struggle, let every opportunity be 286 FORM OF GOVERNMENT. taken to express your attachment and respect to our sovereign King George, and to the revolution principles by which his august family was seated on the British throne. We recommend, indeed, not only allegiance to him from duty and principle, as the first magistrate of the empire, but esteem and reverence for the person of the prince, who has merited well of his subjects on many accounts, and who has probably been misled into the late and present measures by those about him ; neither have we any doubt that they themselves have been in a great degree deceived by false information from interested persons residing in America. It gives us the greatest pleasure to say, from our own certain knowledge of all belonging to our communion, and from the best means of information, of the far greatest part of all denominations in the country, that the present opposi- tion to the measures of administration does not in the least arise from dis- affection to the king or a desire of separation from the parent state. We are happy in being able with truth to affirm that no part of America would either have approved or permitted such insults as have been offered to the sovereign in Great Britain. We exhort you, therefore, to continue in the same disposition, and not to suffer oppression, or injury itself, easily to provoke you to anything which may seem to betray contrary sentiments : let it ever appear that you only desire the preservation and security of those rights which belong to you as freemen and Britons, and that recon- ciliation upon these terms is your most ardent desire. Secondly. Be careful to maintain the union which at present subsists through all the colonies ; nothing can be more manifest than that the suc- cess of every measure depends on its being inviolably preserved, and, therefore, we hope that you will leave nothing undone which can promote that end. In particular, as the Continental Congress, now sitting at Phil- adelphia, consists of delegates chosen in the most free and unbiased man- ner by the body of the people, let them not only be treated with respect and encouraged in their difficult service — not only let your prayers be offered up to God for his direction in their proceedings — but adhere firmly to their resolutions ; and let it be seen that they are able to bring out the whole strength of this vast country to carry them into execution. We would also advise for the same purpose that a spirit of candor, charity and mutual esteem be preserved and promoted toward those of different religious denominations. Persons of probity and principle of every pro- fession should be united together as servants of the same Master, and the experience of our happy concord hitherto in a state of liberty should engage all to unite in support of the common interest ; for there is no example in history in which civil liberty was destroyed and the rights of conscience preserved entire. Thirdly. We do earnestly exhort and beseech the societies under our care to be strict and vigilant in their private government, and to watch over the morals of their several members. It is with the utmost pleasure we remind you that the last Continental Congress determined to discourage luxury in living, public diversions and gaming of all kinds, which have so fatal an influence on the morals of the people. If it is undeniable that universal profligacy makes a nation ripe for divine judgment, and is the natural mean of bringing them to ruin, reformation of manners is of the utmost necessity in our present distress. At the same time, as it has been observed by many eminent writers that the censorial power, which had for its object the manners of the public in the ancient free states, was ab- solutely necessary to their continuance, we cannot help being of opinion that the only thing which we have now to supply the place of this, is the religious discipline of the several sects with respect to their own members* OF THE GENERAL ASSEMBLY. 287 so that the denomination or profession which shall take the most effectual care of the instruction of its members, and maintain its discipline in the fullest vigor, will do the most essential service in the whole body. For the very same reason the greatest service which magistrates or persons in authority can do, with respect to the religion or morals of the people, is to defend and secure the rights of conscience in the most equal and impartial manner. Fourthly. We cannot but recommend and urge in the warmest manner a regard to order and the public peace ; and as in many places, during the confusions that prevail, legal proceedings have become difficult, it is hoped that all persons will conscientiously pay their just debts, and to the utmost of their power serve one another, so that the evils inseparable from a civil war may not be augmented by wantonness and irregularity. Fifthly. We think it of importance at this time to recommend to all of every rank, but especially to those who may be called to action, a spirit of humanity and mercy. Every battle of the warrior is with confused noise and garments rolled in blood. It is impossible to appeal to the sword without being exposed to many scenes of cruelty and slaughter ; but it is often observed that civil wars are carried on with a rancor and spirit of revenge much greater than those between independent states. The injuries received, or supposed, in civil wars, wound more deeply than those of foreign enemies ; it is therefore the more necessary to guard against this abuse, and recommend that meekness and gentleness of spirit which is the noblest attendant on true valor. That man will fight most bravely who never fights till it is necessary, and who ceases to fight as soon as the necessity is over. Lastly. We would recommend to all the societies under our care not to content themselves with attending devoutly on general fasts, but to con- tinue habitually in the exercise of prayer, and to have frequent occasional voluntary meetings for solemn intercession with God on the important trial. Those who are immediately exposed to danger need your sym- pathy ; and we learn from the Scriptures that fervency and importunity are the very characters of that prayer of the righteous man which availeth much. We conclude with our most earnest prayer that the God of heaven may bless you in your temporal and spiritual concerns, and that the present unnatural dispute may be speedily terminated by an equitable and lasting settlement on constitutional principles. Signed in the name, presence and by appointment of the Synod. Benjamin Hait, Moderator. New York, May 22, 1775. N. B. The stated clerk is to insert the pastoral letter from a printed copy. The Synod agree that five hundred copies of said pastoral letter be printed, and order the synodical treasurer to pay the expenses of print- ing, which is to be by the Synod refunded at their next meeting. Mr. Halsey dissents from that paragraph of said letter which contains the declarations of allegiance. — 1775, pp. 466-469. 5. Address to Washington on his Election to the Presidency, On motion, Resolved unanimously, That an address be presented from the General Assembly of the Presbyterian Church to the President of the United States, and that Drs. Witherspoon, Alison and S. S. Smith be a Committee to draft said address : 288 FORM OF GOVERNMENT. To the President of the United States : Sir : The General Assembly of the Presbyterian Church in the United States of America embrace the earliest opportunity in their power to test- ify the lively and unfeigned pleasure which they, with the rest of their fellow-citizens, feel, on your appointment to the first office in the nation. We adore almighty God, the Author of every perfect gift, who hath endued you with such a rare and happy assemblage of talents as hath ren- dered you equally necessary to your country in war and in peace. Your military achievements ensured safety and glory to America in the late arduous conflict for freedom, while your disinterested conduct and uni- formly just discernment of the public interest gained you the entire con- fidence of the people ; and in the present interesting period of public affairs the influence of your personal character moderates the divisions of political parties, and promises a permanent establishment of the civil government. From a retirement more glorious than thrones and sceptres you have been called to your present elevated station by the voice of a great and a free people, and with a unanimity of suffrage that has few if any exam- ples in history. A man more ambitious of fame or less devoted to his country would have refused an office in which his honors could not be augmented, and where they might possibly be subject to a reverse. We are happy that God has inclined your heart to give yourself once more to the public. And we derive a favorable presage of the event from the zeal of all classes of the people and their confidence in your virtues, as well as from the knowledge and dignity with which the federal councils are filled. But we derive a presage even more flattering from the piety of your character. Public virtue is the most certain means of public felicity, and religion is the surest basis of virtue. We, therefore, esteem it a peculiar happiness to behold in our Chief Magistrate a steady, uniform, avowed friend of the Christian religion, who has commenced his admin- istration in rational and exalted sentiments of piety, and who in his pri- vate conduct adorns the doctrines of the gospel of Christ, and on the most public and solemn occasions devoutly acknowledges the government of divine Providence. The example of distinguished characters will ever possess a powerful and extensive influence on the public mind ; and when we see in such a conspicuous station the amiable example of piety to God, of benevolence to men and a pure and virtuous patriotism, we naturally hope that it will diffuse its influence, and that eventually the most happy consequences will result from it. To the force of imitation we will endeavor to add the wholesome instructions of religion. We shall consider ourselves as doing an acceptable service to God in our profession when we contribute to ren- der men sober, honest and industrious citizens, and the obedient subjects of a lawful government. In these pious labors we hope to imitate the most worthy of our brethren of other Christian denominations, and to be imitated by them, assured that if we can by mutual and generous emula- tion promote truth and virtue, we shall render a great and important ser- vice to the republic, shall receive encouragement from every wise and good citizen, and above all meet the approbation of our divine Master. We pray almighty God to have you always in his holy keeping. May he prolong your valuable life, an ornament and a blessing to your country, and at last bestow on you the glorious reward of a faithful servant. Signed by order of the General Assembly. John Rodgers, Moderator. Philadelphia, May, 1789. —1789, p. 11. OF THE GENERAL ASSEMBLY. 289 Washington's Reply. The Committee appointed to present the address of the General Assem bly to the President of the United States reported that they presented the said address, agreeably to the order of last year, and received from the President the following answer, viz. : To the General Assembly of the Presbyterian Church in the United States of America. Gentlemen : I receive with great sensibility the testimonial given by the General Assembly of the Presbyterian Church in the United States of America of the lively and unfeigned pleasure experienced by them on my appointment to the first office in the nation. Although it will be my endeavor to avoid being elated by the too favor- able opinion which your kindness for me may have induced you to express of the importance of my former conduct and the effect of my future ser- vices, yet, conscious of the disinterestedness of my motives, it is not neces- sary for me to conceal the satisfaction I have felt upon finding that my compliance with the call of my country and my dependence on the assist- ance of Heaven to support me in my arduous undertakings have, so far as I can learn, met the universal approbation of my countrymen. While I reiterate the professions of my dependence upon Heaven as the source of all public and private blessings, I will observe that the general prevalence of piety, philanthropy, honesty, industry and economy seems, in the ordi- nary course of human affairs, particularly necessary for advancing and confirming the happiness of our country. While all men within our ter- ritories are protected in worshiping the Deity according to the dictates of their consciences, it is rationally to be expected from them in return, that they will all be emulous of evincing the sincerity of their professions by the innocence of their lives and the benevolence of their actions ; for no man who is profligate in his morals, or a bad member of the civil commu- nity, can possibly be a true Christian or a credit to his own religious society. I desire you to accept my acknowledgments for your laudable endeav- ors to render men sober, honest and good citizens, and the obedient sub- jects of a lawful government, as well as for your prayers to almighty God for his blessing on our common country and the humble instrument which he has been pleased to make use of in the administration of its gov- ernment. George Washington. —1790, p. 24. 6. Pastoral Letter Occasioned by the Results of the French Revolution. A pastoral letter from the General Assembly of the Presbyterian Church in the United States of America to the people in their communion : Dear Friends and Brethren: The aspect of divine Providence, and the extraordinary situation of the world, at the present moment, indicate that a solemn admonition by the ministers of religion and other church officers, in General Assembly convened, has become our indispensable duty. When formidable innovations and convulsions in Europe threatened de- struction to morals and religion, when scenes of devastation and blood- shed, unexampled in the history of modern nations, have convulsed the world, and when our own country is threatened with similar calamities, insensibility in us would be stupidity, silence would be criminal. The watchmen on Zion's walls are bound by their commission to sound a gen- eral alarm at the approach of danger. We therefore desire to direct )our 37 290 FORM OF GOVERNMENT. awakened attention towards that bursting storm which threatens to sweep before it the religious principles, institutions and morals of our people. We are filled with a deep concern and awful dread whilst we announce it as our real conviction that the eternal God has a controversy with oui nation, and is about to visit us in his sore displeasure. A solemn crisis has arrived in which we are called to the most serious contemplation of the moral causes which have produced it, and the measures which it be- comes us to pursue. With regard to the causes of those national calamities which we either feel or fear, a little reflection may convince us that these may be traced to a general defection from God and corruption of the public principles and morals. These usually keep an equal pace, and they uniformly precede the ruin of nations. The evidences of our guilt are, unhappily, too numerous and glaring. We perceive, with pain and fearful apprehension, a general dereliction of religious principle and practice amongst our fellow-citizens ; a great de- parture from the faith and simple purity of manners for which our fathers were remarkable ; a visible and prevailing impiety and contempt for the laws and institutions of religion, and an abounding infidelity which in many instances tends to Atheism itself, which contemptuously rejects God's eternal Son, our Saviour, ridicules the gospel and its most sacred myster- ies, denies the providence of God, grieves and insults the Holy Spirit — in a word, which assumes a front of daring impiety and possesses a mouth filled with blasphemy. In the midst of the alarming situation of the public mind, which we have noticed above, we perceive a degree of supineness and inattention amongst too many of the ministers and professors of Christianity which seems to threaten a dissolution of religious society. Formality and dead- ness, not to say hypocrisy, a contempt for vital godliness and the spirit of fervent piety, a desertion of the ordinances, or a cold and unprofitable attendance upon them, visibly pervade every part of the Church, and cer- tain men have crept in amongst us who have denied or attempt to explain away the pure doctrines of the gospel, to introduce pernicious errors which were either not named or named with abhorrence, but which have within a few years since been embraced by deluded multitudes. The Lord's day is horribly profaned and family religion and instruction la- mentably neglected. Our ingratitude to God enhances our dreadful guilt. No people have been more highly favored in our original establishment, our increasing prosperity, and particularly in our contest during the Revolutionary w r ar and its prosperous issue; but, alas! we have basely forgotten our Benefac- tor. We have abused his favors and turned them into engines of oppo- sition against himself. " He has nourished and brought us up as children, and we have rebelled against him." The profligacy and corruption of the public morals have advanced with a progress proportioned to our declension in religion. Profaneness, pride, luxury, injustice, intemperance, lewdness and every species of debauchery and loose indulgence greatly abound. And " shall not the Lord visit us for these things? Shall not his soul be avenged on such a nation as this?" Are not our crimes enormous as they are numerous? Are they not pecu- liarly aggravated? Have we not known our Master's will, and refused, or at least neglected, to do it? Have we not possessed uncommon means of information with regard to our duty without a proportionate improve- ment? And have not our uncommon advantages been abused without shame or remorse? As surely as there is a righteous God, so surely will OF THE GENERAL ASSEMBLY. 291 he visit us in his just displeasure, unless his grace prevent by awakening us to a sense of our guilt and recalling us to the practice of our duty. Our circumstances loudly demand a public and solemn acknowledgment of God as our moral Governor and righteous Judge. It is time to cease from man, whose breath is in his nostrils, to look beyond second causes, and openly confess the hand and agency and government of God in the world. Let Christians unite more cordially and openly in adhering to their Master s cause and opposing infidelity in all its forms. God hath a controversy with us ; let us prostrate ourselves before him. Let the deep- est humiliation and the sincerest repentance mark our sense of national sins ; and let us not forget, at the same time, the personal sins of each in- dividual that have contributed to increase the mighty mass of corruption. Let the ministers of religion weep and intercede for themselves and a guilty people. Let all descriptions of persons lament their iniquities, and reform. Let us practice all righteousness. Let us be earnest and fervent in prayer that God, for the sake of the Lord Jesus Christ, would pour out his gracious Spirit upon ministers and people, and that he would revive his work, not only amongst our churches, but amongst all denominations of Christians, until the blessed promises and predictions, with regard to the extent of the Redeemer's kingdom, be completely fulfilled. Let us conduct ourselves as quiet and peaceable citizens, submitting conscien- tiously to the laws of our own making and the government of our own choice. Let us treat with candor and respect our civil rulers. Let us reflect that the Scripture precepts upon this subject are applicable to no people, if not to us, under a representative government ; yet as in the present imperfect state of human nature differences in opinion must exist, let us carefully cultivate the sentiment of brotherly kindness and mutual forbearance and charity. With a view to give the greater effect to the exhortation and admon- itions in this letter expressed, we recommend that the last Thursday of August next be observed in all the congregations under our care as a day of solemn humiliation, fasting and prayer, and that the ministers of our communion do then read this letter to the people of their charge, and enforce the truth it contains in such discourses, founded on the word of God, as shall appear best adapted to effect so desirable a purpose. — 1798, p. 152. 7. On the Disturbances in Kentucky and the South-west. Christian Brethren : United to you in the bonds of love and of Christ, we feel all the constraint of the ties which bind us to you as one body in our common Lord. Assembled by the good providence of God in the supreme judicatory of the Church, we feel the duty imposed upon us, as the guardians of the peace, order and purity of the body of Christ, of addressing you on the great subject of our common salvation. Dear brethren, we still have cause of mutual congratulations and joy on account of the increasing prosperity of Zion in these lands, which not long since were so dry and barren. They are in many places watered with the abundant dews of heaven, and righteousness has run down the streets of our Jerusalem like a mighty stream. God has appeared to revive his cause in the midst of the years of great declension, and in the midst of deserved wrath he has remembered mercy. In many parts of our Church God has poured out a spirit of prayer upon his people, and has been graciously pleased to answer their prayers by a copious effusion of his blessed Spirit. The boldness of infidelity and the profligacy of im- piety have been greatly repressed ; and though here and there we still be- 292 FORM OF GOVERNMENT. hold its violent struggles exerted against the Saviour, they appear to be only the convulsive struggles of despair. The truths of revelation are gradually acquiring a decided ascendency in all parts of our land, and in many they are daily coming home to the hearts of men with uncommon evidence and power. For more particular information on these subjects we refer you, breth- ren, to that summary of the state of religion within the bounds of the General Assembly which accompanies this letter. You will there per- ceive, however, that amidst so many subjects of gratitude and praise to almighty God, for the riches of his grace displayed in the revivals of the spirit of religion in various portions of our Church, we have also some causes of deep affliction and regret mingled with them. Human frailty is apt to mar and disfigure, in some degree, whatever it touches, and the great adversary of souls and of Christ, taking advantage of the passions of convinced sinners, of the hypocrisy of deceivers and of the imperfec- tions even of the best men, sets himself, often too effectually, to tarnish the beauty and glory of the work of God. An unhappy separation of five, who had formerly appeared to be zeal- ous and successful ministers of Jesus Christ in union with the Synod of Kentucky, has given no small occasion of grief to the churches. Too great an ardor of spirit for what they conceived to be the truth, and per- haps too great heat concerning the meaning and importance of words, have created a division which Christian charity should exert all its powers to heal. We beseech you, brethren, yet receive one another in the spirit of love and forbearance. Remember how divisions and contests between men engaged in the same glorious cause will wound the hearts of sincere Christians and distract the minds of the weak ; remember how apt they are to embitter the meek spirit of the gospel and to quench the zeal of genuine piety in the unholy passions of strife and contention ; remember, we entreat you, for the love of Christ, how the adversary will blaspheme and rejoice and the Redeemer be wounded in the house of his friends. Brethren, reunite your hearts and your labors in this blessed work, and let not its progress be arrested or its glory impaired by the baneful influ- ence of your divisions. Meet together for the purposes of conciliation, using the counsels and aid of the Committee which the General Assembly has thought proper to send to you, to endeavor to repair so undesirable and dangerous a breach in the walls of our Zion. If you love the Lord, if you love and pray for the peace of Jerusalem, will you not sacrifice much to these objects so dear to every real Christian ? With not less regret have we heard of certain extravagances in the exercises and agitations of many persons who in this work otherwise so desirable have once been the subjects of strong religious impressions. That the sudden blaze of divine truth upon a mind hitherto covered with thick darkness; that a deep conviction of guilt and sense of the wrath of God against an offending worm of the dust, especially when these appre- hensions are raised to the highest pitch by the power of sympathy, and the panic excited by the emotions of a vast assembly, should often pro- duce strong bodily affections, is not surprising to those who are acquainted with the human economy ; that the transports of a mind suddenly brought out of darkness into God's marvelous light, suddenly raised from the borders of despair to the ecstasies of religious hope and joy, should be accompanied with a similar influence on the nervous system, is not incre- dible. The preceding are not pretended to be assigned as the certain or the sole reasons of many extraordinary appearances in some of our Southern OF THE GENERAL ASSEMBLY. 293 churches. It is sufficient to answer the views of the Assembly to show that causes are adequate to the production of the highest effects of this kind, in order to preserve them from the unjust imputation of a fanat- ical or demoniacal influence. But when bodily agitations, which in most instances disturb the serious, sober and rational exercises of the mind, instead of being soothed and restrained within the bounds of decency, are encouraged and excited by those who lead the worship and some who join in it, they very easily run into excesses highly reproachful to religion. When they go into antic gestures, ridiculous contortions, to movements of apparent levity, and contrary to propriety and religious order, and which resemble the effects of delirium, or of a spirit very different from the spirit of the gospel, these are evidences of a wild enthusiasm whose extrav- agances are infinitely various and unaccountable. When each person has a psalm, a prayer, a triumphant exultation, in the public worship of God, is not this the very evil which once took place in the Corinthian church, which the apostle severely reproves, saying, " God is not a God of confu- sion, but of order"? In genuine and rational religion, however high and fervent may be its affections, " the spirits of the prophets are subject to the prophets." And if so, surely this power is still more necessary for the sake of order in every ordinary Christian. We strongly bear our testimony against those persons who pretend to immediate impulses and revelations from heaven, those divine communi- cations which were given only to the prophets and apostles who were appointed by God to reveal to mankind the way of eternal life. When men presume that the Holy Spirit, contrary to the established order of providence, interferes by particular impulse to direct them in all the com- mon affairs of life, when they deem themselves to be impelled by him to particular acts or particular religious exercises, contrary to the established order of the gospel and the obvious duties of the moment; when, finally, they pretend to miraculous powers or prophetic influences and the fore- telling of future events, all these are evidences of a wild enthusiastic spirit, and tend eventually to destroy the authority of the word of God as the sole rule of faith aud practice. Ecclesiastical history furnishes us with many examples of such enthusiastic impulses, following great revivals of relig- ion, which have ever been strongly and uniformly condemned by the voice of the whole Church, as in the case of the French prophets, the fanatics of Muuster, and we may add the fanatical Jews who sprung up in such numbers, and persevered with such obstinacy, even while the dis- asters of their city and their temple were daily refuting their predictions. And it will be a subject of sincere lamentation to us if any minister in our communi'jn should unhappily be found to encourage such great evils. But we hope better things of you, though we thus speak. Dear brethren and fellow-laborers in the gospel of our common Lord, study to prevent excesses so dishonorable and contrary to the beautiful order of the Church of Christ, or zealously endeavor to repress them wherever they begin to appear. In a great and general inflammation of the human mind we ought not to be astonished if these fervors, operating sometimes on weakness, sometimes on an enthusiastic temperament, should impel a few men to very considerable errors and excesses. Such have happened in every revival of religion, and in even every great political commotion, and such especially happened in various instances in the mem- orable and glorious reformation of the Christian Church from the spirit- ual thraldom aud the errors of popery. By common concert and counsel endeavor to restrain every irregularity in the worship of God at its verv commencement. Disorders of an enthusiastic spirit may often be checked 294 FORM OF GOVERNMENT. in the beginning with facility, which, when suffered to progress, come at length to overleap all ihe barriers of authority and burst through all the bounds of order and decency. Solemnly bear in mind, brethren, how much the great Head of the Church has committed his glory and the glory of his holy cause in the world to your activity and your faithful- ness, to your prudence as well as your zeal. And now, fellow-Christians, of every order and condition in life, we entreat you earnestly to co-operate with the public servants of Christ in promoting the glory and extension of the Redeemer's kingdom. Faith- fully improve the precious season of divine grace which God is now be- stowing on his Church. By your prayers draw down the blessings of Heaven on your families, on the Church, on your country, on the world. God will appear for his people with a great salvation, but for all these things will he be " inquired of by the house of Israel to do it for them." Let your prayers for the prosperity of Zion continually ascend in secret to the throne of grace. Promote and encourage assemblies for social prayer. For Jerusalem's sake rest not, and for Zion's sake hold not your peace. Whenever God has appeared in any signal display of his mercy to the Church, he has usually, in the first place, poured out "on the house of David and the inhabitants of Jerusalem a spirit of grace and supplication." That we may continue to wait at his footstool, he condescends to bestow his special and extraordinary grace in answer to the prayers which he himself has inspired. Parents, train up your children " in the nurture and admonition of the Lord." Your houses should be temples of the living God, in which should ascend to his mercy-seat the continual incense of your daily sacri- fices. Pious parents can most affectionately preach to the hearts of their children by their affectionate precepts and their holy example. Your instructions will best prepare them to receive benefit from the public ordi- nances of religion. And oh, can you see those dearest portions of your- selves ready to perish without earnestly reaching forth a hand to "pluck them as brands from the burning"? " Children, obey your parents in the Lord." You are the future hope of the Church and of the world. Your early piety will be your glory and your happiness. And remember that shortly the glory of your Crea- tor and Redeemer in the world will rest with you. Beloved brethren, Christians of every class, "be ye steadfast and im- movable, always abounding in the work of the Lord." "Adorn the doc- trine of God your Saviour" by the purity, the simplicity and sanctity of your lives, that the enemies of the cross may have no occasion to blas- pheme the Master, by whose name you are called. Let God witness the humility of your spirit, the sincerity and fervor of your devotion. Let the world witness your ministerial charity and love, that others, " seeing your good works, may glorify your Father in heaven." We pray, dear brethren, that God may ever have you in his holy keeping. And now to Him that is able to keep you from falling, and to present you faultless before the throne of his glory with exceeding joy, to the only wise God our Saviour, be glory, majesty, dominion and power, both now and ever. Amen 1—1804, pp. 314-317. 8. Pastoral Letter on the Sabbath. The Committee appointed to draught a pastoral letter to the churches under the care of the Assembly, in relation to the due observance of the OF THE GENERAL ASSEMBLY. 295 Sabbath, reported the following, which, being read and amended, was adopted, viz. : Dear Brethren : From the printed report transmitted to you on the state of religion in our bounds, you will perceive the prosperity which God has vouchsafed to our churches the past year; and you will, we trust, unite with us in praise and thanksgiving to his throne for his rich and condescending mercy. It is our duty to rejoice in this manifestation of the divine favor, but let us rejoice with fear and trembling. Many causes still exist which threaten to cloud our prosperity and to cover us with mourning. Lukewarmness, intemperance, profaneness, Sabbath-breaking, are prevailing sins in our land, and call aloud for our vigilance, our ex- ertions and prayers. While the Assembly would lift up a warning voice against every kind of iniquity, and recommend such measures as promise in any degree to correct the evils of which they complain, they deem it proper at this time to direct the attention of the churches more especially to the profanation of the Lord's day, a sin to which many are particularly exposed from the present calamitous state of our country. Brethren, the God whom we worship is a jealous God — jealous for the honor of his institutions, but fur none more than for that sacred day which he has commanded to be solemnly and exclusively appropriated to his ser- vice. Any profanation of this day is an immediate affront to his holiness, and when committed deliberately and openly may be classed among those presumptuous sins against which he has given us the strongest proofs of his displeasure. The Lord has instituted the Sabbath a sign between him and his people — a visible test of their sincerity. If they violate the duties of this day, or fold their hands in supineness and indifference when they are violated by others, he will regard their offerings as hypocritical and vain. This con- sideration deserves your serious attention, and ought to awaken and ani- mate your zeal. But it is more important that you should reflect that the sanctification of the Lord's day stands in close connection with all the institutions of religion and with the dearest interests of society. The visible worship of God can no longer be maintained than a sacred regard to this day is secured, n, every past period of the world it has been seen that a departure from the strict observance of the Sabbath has been fol- lowed by a general neglect of religious duty, and this by a relaxation both of public and private duty, deeply to be deplored as it respects the peace and good order of society, and the spiritual and eternal interests of man- kind. We hold as important maxims, never to be lost sight of, that with- out the Sabbath there will be no religion — without religion there will be no morality — and that where morality, sound and correct morality, ceases to form the basis of the public manners, the strongest bonds of society are dissolved, and nothing is to be expected but mutual jealousy and hatred, with all the crimes and miseries to which this painful and disordered statu of things will lead. Desirous, brethren, to engage you in a vigorous and combined effort to maintain the authority and influence of the Sabbath, we, as a judicature of Christ's Church, address you, and earnestly entreat you to renew your attention to this subject. Take it into your serious and prayerful con- sideration, view it in all its extent and relations, mark its connection with the temporal and spiritual interests of mankind — its aspect toward present and future generations. What shall become of our children, whose spirit- ual and eternal destiny we should chiefly regard, if we suffer the holy Sabbath to be violated and its sacred influence lost ? 296 FORM OF GOVERNMENT. Resolve, then, brethren, for yourselves and for those committed to your care, that you will strictly observe the duties of this day, doing nothing which is incompatible with that religious sanctifi cation of it so minutely explained and so solemnly enjoined in the word of God. Let there be no coming in or going out among you, no bearing of burdens on the Lord's day. Piously abstain in thought, word and deed from all your worldly avocations and amusements, and let the whole of this consecrated time be a rest unto God, employed only in the public and private exercises of re- ligion, except such portions of it as are obviously due to works of necessity and mercy. Where it is prudent and practicable, we recommend that societies be formed for the purpose of mutual encouragement and vigilance, and especially for guarding the Sabbath against encroachments made upon it by those who are unhappily ignorant of its blessings, and regardless of its authority and design. We invite to this subject the attention of parents and guardians, of ministers and elders of the Church. We entreat every friend of the Redeemer's kingdom, every one who regards the welfare of society, whatever may be his capacity or relation, to exert his influence in promoting a strict and devout observance of the Lord's day. Need we remind you, Christian brethren, of the solemn command of Jehovah to " remember the Sabbath day and keep it holy " ? Need we call to your recollection the awful threatenings which he has denounced and executed against those who have voluntarily disregarded this com- mand ? You know the history of his providence ; you know that for this very sin, among others, his ancient people, the descendants of Abraham, were cast out of his sight, and their land made to enjoy that rest in deso- lation which they had refused to consecrate to him in the observance of days prescribed for his worship. We conclude by bringing to your re- membrance those gracious words of the prophet: " If thou turn away thy foot from polluting the Sabbath, from doing thy pleasure on my holy day, and call the Sabbath a delight, the holy of the Lord, honorable, and shall honor him, not doing thine own ways, nor finding thine own pleasure, nor speaking thine own words ; then shalt thou delight thyself in the Lord, and I will cause thee to ride upon the high places of the earth, and feed thee with the heritage of Jacob thy father, for thv. mouth of the Lord hath spoken it." It was recommended by the Assembly that the ministers, on the day on which they read the foregoing letter, preach a sermon on the observance of the Sabbath.— 1814, pp. 569, 570. 9. Pastoral Letter on Christian Activity. The General Assembly of the Presbyterian Church in the United States to the churches under their care, wish grace, mercy and peace from God the Father, and from the Lord Jesus Christ. Very dear Brethren: Assembled by the good providence of God as the supreme judicatory of our Church, we are constrained to address you, and to endeavor to impart to you some of those feelings to which our coun- sels have given rise, and which are suggested by the present aspect of the Church and the world. From the printed "narrative of the state of religion within our bounds," which accompanies this address, you will learn that although we have heard of some facts which are matter of regret and humiliation, "the gen- eral aspect of the Church of God has never been more favorable, within our knowledge, than at the present time." The gradual increase of gos- OF THE GENERAL ASSEMBLY. 297 pel light, the extension of the blessings of education to all classes and ages, the growing diffusion of missionary zeal and exertions, the rapid multipli- cation of Bible societies, and, through their instrumentality, the wonderful spread of the knowledge of the word of life in languages and countries hitherto strangers to the sacred volume, the numerous associations for evangelical, benevolent and humane purposes w r hich have arisen and are daily arising in every part of our bounds, and, above all, the converting and sanctifying influences of the Holy Spirit which have been poured out for some time past, and especially during the last year, in many of the congregations belonging to our communion, form an assemblage which cannot fail to be in a high degree interesting and animating to the friends of pure and undefiled religion — an assemblage which, while it gratifies for the present the pious and benevolent heart, must excite the most precious hopes for the future. Such mighty plans of benevolence, such wonderful combinations, such a general movement of mankind in promoting the great cause of human happiness, w T ere surely never before witnessed. The days of darkness, we fondly hope, are passing away, and the period draw- ing nigh when the angel, bearing the trumpet of the everlasting gospel, shall carry his holy, life-giving message to every kindred and people and nation and tongue. The General Assembly, standing, as it is their privilege to do, at the confluence of so many streams of information on these great subjects, while they communicate a summary of this information to the churches under their care, desire to accompany it with a word of affectionate exhortation, the object of which is to engage every heart and every hand in promoting, to the utmost of their power, the interests of that kingdom which is not meat and drink, but righteousness and peace and joy in the Holy Ghost. At such a period, dear brethren, let it be impressed upon the mind of every member of our Church that we are called to humble, diligent, per- severing exertion. Much has been done, but much more remains to be done, and much, we hope, will be done by us. Every day makes a de- mand upon the time, the affections, the prayers, the property and the in- fluence of the people of God which it would be ingratitude, cruelty — nay, treachery — to repel. Let every one, then, in his place and proportion, en- deavor daily to add something to the common amount of effort to prepare the way of the Lord. No one can tell how much it may please the sov- ereign Disposer of events to accomplish by means of the humblest exer- tions. This, however, we know, that those who are steadfast, unmovable, always abounding in the work of the Lord, shall find that their labor is not in vain in the Lord. Let the ministers of the gospel in our communion be everywhere found engaged in preaching the truth as it is in Jesus with affectionate zeal. Let them go before the people in every holy example and in every pious and benevolent exertion. Let it be manifest to all that they seek not their own, but the things which are Jesus Christ's. Surely there never was a time when the watchmen on the walls of Zion were more solemnly bound to give themselves w T holly to their work, or when they had more encouragement to plan and labor for their Master's honor. Surely there never was a time when those whose duty it is to guide the exertions of their fellow-men had more reason to feel their responsibility, and to ask for wisdom and strength from above. Let ministers take great and com- prehensive views of the signs of the times and the prospects of the Church, and while they point out the way to those who are willing to be workers together with God, let it be seen that it is their meat and drink to share in the labors, as well as in the rewards, of th ir Redeemer's kingdom. 38 298 FORM OF GOVERNMENT. Let all the members of our churches consider themselves as called upon, in their several stations, to do something, to do much, for Christ. Millions of our race are still sunk in ignorance and depravity. Dark and waste places abound, even in our most populous and enlightened neighborhoods, and still more in the remote portions of our Church. In very large dis- tricts within the United States there are no Bibles, no Sabbaths, no sanc- tuaries, none to show men the way of salvation. Can a single heart be unimpressed or a single hand idle while such calls for compassion and exertion abound ? No, brethren ; these obligations, we trust, are too ten- der not to be felt, these calls too solemn not to be heard. Be entreated, then, with one accord to come forward to the help of the Lord against the mighty. Embrace every opportunity, to the extent of the ability which God has given you, to form and vigorously support missionary associa- tions, Bible societies, plans for the distribution of religious tracts, and ex- ertions for extending the benefits of knowledge, and especially of spiritual knowledge, to all ages and classes of persons around you. Exert your- selves individually and in combination to oppose all those degrading and destructive vices over which we have so long had reason to mourn. En- deavor by your example and your influence to discourage the unnecessary use of spirituous liquors, to promote the sanctification of the Lord's day, to guard against a criminal conformity to the world, to promote a general attendance on the means of grace, and to advance the great interests of truth, purity and righteousness in all manner of conversation. In these hallowed labors let none refuse to join. It is among the dis- tinguished glories of the commencement of the nineteenth century that pious females are more extensively associated, and more actively useful, in promoting evangelical and benevolent objects than in any former period of the world. Let them go on with increasing activity and ardor in these exertions, so worthy of women professing godliness, and so useful to man- kind. And let them by precept, as well as by example, train up their daughters in principles and habits so well calculated to elevate the female character and to enlarge the sum of human happiness. Let not even lisping childhood or tender youth be idle. Let every Bible class, every school association, every employment which brings your beloved children together, be made a medium for conveying to their minds that benign impression which shall enlist them on the side of truth and of the Church of God from the earliest dawn of reason. Happy congre- gations, happy families, in which even babes and sucklings shall be taught, as in times of old, to sing, Hosanna to him that cometh in the name of the Lord ! Hosanna in the highest ! In a word, let your plans of co-operation in carrying on these works of piety and benevolence embrace every class and every age, and be pur- sued with growing ardor, until every congregation within our bounds shall be completely organized for exertion to promote the temporal and eternal welfare of men — until every heart that can lift a prayer to the throne of grace, and every hand that can cast a mite into the treasury of God, shall be fully engaged in this mighty effort of Christian charity — until the des- ert shall rejoice and blossom as the rose — until' men, under the reign of millennial glory, we trust not far distant, shall live together as brethren indeed, having no other wishes than to promote their common happiness and to glorify their common God. To these efforts in behalf of the cause of Christ join fervent united prayer. We need not remind you, brethren, that all Zion's blessings come down from her King and Head, and that he will be inquired of by his people to do for them that which they need and desire. We are per- OF THE GENERAL ASSEMBLY. 299 suaded that all those periods and churches which have been favored with special revivals of religion have been also distinguished by visible unkn and concert in prayer. We entreat you, brethren, to cherish this union and concert. We especially exhort you to pay renewed and more solemn attention to the monthly concert in prayer recommended by a former Assembly, and so generally and happily observed. Has not the Saviour promised that if any two of his people agree as touching anything they desire he will grant their request? What blessings, then, may we not hope will be shed dowm upon the Church, when the thousands of our Israel are found bowing together be- fore the throne of mercy, saying, " For Zion's sake we will not hold our peace, and for Jerusalem's sake we will not rest until the righteousness thereof go forth as brightness, and the salvation thereof as a lamp that burnetii " ! Endeavor to maintain a spirit of harmony with all denominations of Christians. While you contend earnestly for the faith once delivered to the saints, and bear a faithful testimony to the apostolic doctrine and order which we profess to receive, let no bigotry or prejudice, no party rancor or offensive crimination, pollute your testimony. Remember that the period is approaching when all real Christians shall see eye to eye, when they shall be united in opinion as well as in affection. Cherish now the sentiments which correspond with this delightful anticipation. Let all bitterness and wrath and evil-speaking be put away from among you, with all malice, and continually look and pray for the happy period when believers of every name shall agree to act together upon the great princi- ples of our common salvation. Finally, dear brethren, be united among yourselves. If you desire to profit by your spiritual privileges, if you hope to be instrumental in pro- moting the cause of Christ or to be honored with his blessing, cherish har- mony of affection and union of effort. Besides the common bonds of Christian love. which unite the great family of believers, the ministers and members of the Presbyterian Church are cemented by a compact which every honest man cannot fail to appreciate. We mean the " Confession of Faith" of our Church. While we believe the Scriptures of the Old and New Testament to be the only infallible rule of faith and practice, we do also, if we deal faithfully with God and man, sincerely receive and adopt this confession as containing the system of doctrine taught in the Holy Scriptures. Let us adhere to this standard with fidelity, and en- deavor to transmit to our children, pure and undefiled, a treasure which our fathers at great expense have, under God, bequeathed to us. But while we hold fast the form of sound words which we have received, let us guard against indulging a spirit of controversy, than which few things are more unfriendly to the life and power of godliness. It is never necessary to sacrifice charity in order to maintain faith and hope. That differences of opinion, acknowledged on all hands to be of a minor class, may and ought to be tolerated among those who are agreed in great and leading views of divine truth, is a principle on which the godly have so long and so gener- ally acted that it seems unnecessary at the present day to seek arguments for its support. Our fathers, in early periods of the history of our Church, had their peculiarities and diversities of opinion, which yet, however, did not prevent them from loving one another and cordially acting together, and by their united prayers and exertions transmitting to us a goodly in- heritance ; and we hope to be favored with more than their success. The great adversary will no doubt be disposed to sow the seeds of dis- cord and division among vou, but resist him in this as well as in all hia soo FORM OF GOVERNMENT. other insidious efforts. Surely those who can come together on the great principles of our pablic standards, however they may differ on non-essen- tial points, ought not to separate or to indulge bitterness or prejudice against each other. Dear brethren, let there be no divisions among you, but be perfectly joined together in the same mind and in the same judg- ment. Follow the things which make for peace, and the things whereby ye may edify one another. Behold how good and how pleasant it is for brethren to dwell in unity ! Brethren, farewell ! Love one another, for love is of God, and every one that loveth is born of God, and knoweth God. Be of one mind; live in peace, and the God of love and peace shall be with you. Amen ! Signed by order of the General Assembly. Jonas Coe, Moderator. Resolved, That two thousand copies of this letter be printed, and that the Committee superintend the printing. — 1817, pp. 661-664. 10. On Prevalent Vices and Immoralities. A Pastoral Letter from the General Assembly of the Presbyterian Church in the United States to the churches under their care. Dear Brethren : The time in which we address you is very important and interesting. The free conversation on the state of religion has ex- hibited abundant evidence that the churches under our care have never oeen in a more prosperous condition than during the last year. In the year immediately preceding, perhaps, special revivals were more remark- able and more numerous, but as it relates to the general extension of re- ligious influence, the organization of new congregations, and the wide- spreading success of missionary labors, the aspect of the Church has prob- ably never been so promising as at the present time; and when, in addition to this, we reflect on the various institutions, not only in our connection, but in the Christian world at large, calculated to extend the kingdom of our Redeemer, the zeal and liberality with which those institutions are supported, and the extensively beneficial effects which they are every day producing, we are obliged to consider the present moment as forming an important era in the annals of religion. A general movement of Protest- ant Christendom has taken place, an unusual blessing has descended on the Church of Christ, and we are probably approaching some day of the Son of man of no usual and ordinary character. The present, therefore, is no doubt a favorable time, not only for extending the influence, but for advancing the purity, of the Church, for the extirpation of any errors and the abolition of any unchristian practices which may have found entrance among us during the long period of comparative darkness and desertion through which we have passed. And although we do not believe that any- thing immoral or vicious is more prevalent now than at former periods, or even as much so, yet the existence of such things at the present time strikes the minds of serious Christians with an appearance of greater de- formity, and fills them with more pungent regret as it is exhibited in such dark contrast with that promising and wonderful aspect of things so ex- tensively displayed by the Christian world. The free conversation on the state of religion has brought some such things to our view against which we feel constrained to bear our decided testimony, and we would enter upon this duty with the tenderness and meekness, but at the same time with the firmness and authority, which becomes a judicatory of the Church of Christ. OF THE GENERAL ASSEMBLY. 301 The first thing we shall mention is the crime of dru ikenness. This crime has at all times been a curse to our country, and has often made lamentable inroads upon our Church. We are convinced that it may be opposed more successfully by prevention than in any other way. When the character of drunkenness is fully formed, the unhappy victim is lost to those motives which ordinarily influence all other classes of men. In this state of things nothing but a miracle of divine grace can effect his reformation. The certain and acknowledged prospect of the wreck of his family, his fortune and his character, and even of the ruin of his immortal soul, is not sufficient to arrest his course ; and yet perhaps the same man may formerly have been in such a state of equilibrium or indecision upon this subject that the smallest, motives might have prevented the formation of a habit which in its maturity has become so irresistible. The consider- ation is certainly sufficient to justify an effort for saving our fellow-men from the domination of so destructive a vice. For this purpose we earn- estly recommend to the officers and members of our Church to abstain even from the common use of ardent spirits. Such a voluntary privation as this, with its motives publicly avowed, will not be without its effect in cautioning our fellow-Christians and fellow-citizens against the encroach- ment of intoxication ; and we have the more confidence in recommending this course as it has already been tried with success in several sections 01 our Church. The vice of gambling has also been forced upon our attention. We in- deed hope that few, or perhaps none, of our actual professors have indulged themselves in the practice of what they consider as coming under the de- nomination of gambling. But perhaps there are some addicted to this practice who have evinced a predilection for our Church and forms of worship, and who are not unwilling to receive the word of admonition from us. Such we would earnestly exhort to consider, in the most serious manner, the consequences of the course they are pursuing, and the awful lessons which the experience of the world is every day exhibiting on this subject. But it is our duty further to testify that all encouragement of lotteries and purchasing of lottery tickets, all attendance on horse-racing, and betting on such or any other occasions, and all attempts of whatever kind to acquire gain without giving an equivalent, involve the gambling principle, and participate in the guilt which attaches to that vice. On the fashionable, though, as we believe, dangerous, amusements of theatrical exhibitions and dancing, we deem it necessary to make a few observations. The theatre we have always considered as a school of im- morality. If any person wishes for honest conviction on this subject, let him attend to the character of that mass of matter which is generally ex- hibited on the stage. We believe all will agree that comedies at least, with a few exceptions, are of such a description that a virtuous and modest person cannot attend the representation of them without the most painful and embarrassing sensations. If indeed custom has familiarized the scene, and these painful sensations are no longer felt, it only proves that the per- son in question has lost some of the best sensibilities of our nature, that the strongest safeguard of virtue has been taken down, and that the moral character has undergone a serious depreciation. With respect to dancing we think it necessary to observe that, however plausible it may appear to some, it is perhaps not the less dangerous on accouut of that plausibility. It is not from those things which the world acknowledges to be the most wrong that the greatest danger is to be appre- hended to religion, especially as it relates to the young. When the prac- tice is carried to its highest extremes, all admit the consequences to be fatal, 302 FORM OF GOVERNMENT. and why not, then, apprehend danger even from its incipient stages? It is certainly in all its stages a fascinating and infatuating practice. Let it once be introduced, and it is difficult to give it limits. It steals away our precious time, dissipates religious impressions and hardens the heart. To guard you, beloved brethren, against its wiles and its fascinations, we earn- estly recommend that you will consult that sobriety which the sacred pages require. We also trust that you will attend with the meekness and docility becoming the Christian character to the admonitions on this sub- ject of those whom you have' chosen to watch for your souls. And now, beloved brethren, that you may be guarded from the dangers we have pointed out, and from all other dangers which beset the path of life and obstruct our common salvation, and that the great Head of the Church may have you in his holy keeping, is our sincere and affectionate prayer. Amen. J. J. JANEWA Y, Moderator. June, 1818. —1818, pp. 689, 690. 11. On Revivals and their Abuses. The General Assembly of the Presbyterian Church in the United States to the Ministers and Churches under their care. Dearly Beloved Brethren : You will perceive by the narrative of the state of religion which we this year publish that the God of all grace has been pleased during the last year to pour out more copiously of his blessed Spirit on the people of our denomination in this land than perhaps in any period of equal extent in former times. For this signal and ineffable benefit we desire that you may unite with us in ascribing humble and fervent thanksgiving to Him from whom we have received this transcendent mercy, and " from whom cometh down every good and perfect gift." And suffer us to remind you, dear brethren, that one of the best and most acceptable expressions of gratitude to God for the unspeakable favor we have received is to be exceedingly careful not to abuse it. It is of more importance than we know how to express that we should, together with much prayer for direction and aid from on high, use all our influ- ence and put forth our best efforts to preserve the glorious revivals of religion with which we have been blessed from all that may mar their beauty and prevent their extension, and where anything of an injurious tendency has already taken place, that we should labor to correct the evil as speedily as possible. Let it not be supposed, however, that we would willingly say anything that might encourage or countenance those who condemn all revivals of religion — condemn them because they may be attended by some errors and irregularities which it is readily admitted ought to be deplored and avoided. Far, very far, be this from us. Those who cherish an aversion to revivals of religion, because they are accompanied by imperfections and are liable to abuse, should recollect that there is nothing with which the human powers and passions have to do, whatever be its general excellence, that is not open to the same objection. In revivals of religion in which there are confessedly some things to be lamented — as there was in the abuse of the miraculous gift of tongues in the primitive church of Corinth — there may still be numerous and sound conversions of sinners unto God, and " what is the chaff to the wheat? saith the Lord." There, remain in our land and in our beloved Church many congregations in which formality and a Laodicean spirit are mournfully prevalent. Little reason have they to felicitate themselves that they are free from all the extravagances OF THE GENERAL ASSEMBLY. ' 303 which they censure in others, and which it is not denied do exist in cer- tain places and to a limited extent. Let them rather remember that a congregation in which many souls are born into the kingdom of God, although some false pretensions to piety and some censurable practices appear, is, on the whole, in a state infinitely preferable to that of a con- gregation in which hundreds are going quietly down to eternal perdition, and in which the wise virgins are slumbering and sleeping with the fool- ish. Let congregations of this latter description be exhorted to rouse themselves from their spiritual lethargy, make use of the means and efforts which God is wont to bless, and cry mightily to him that they may par- take in those gracious visitations with which others are so remarkably blessed and distinguished — partake of them purified from all that is justly offensive either to God or man. Having thus endeavored to guard against a misconstruction of our pur- pose, we desire, with parental solicitude and affection, to caution and warn the ministers and churches of our communion against some of the most common errors and improprieties to which revivals of religion are exposed, and from which, we grieve to say, some of the congregations within our bounds cannot plead an entire exemption. 1. In a time of the revival of religion let it be remembered that, while all proper means are to be used to deepen and cherish serious impressions, and to awaken and alarm the sinfully secure, an undue excitement should be carefully avoided. Here is a fruitful source to which may be traced nearly all the abuses which so often mar and deform and bring into dis- repute the work of God, when sinners are awakened in clusters and led to inquire with great anxiety what they must do to be saved. If, instead of distinguishing deep and genuine and salutary conviction of sin and the mere effusions of animal passions and nervous sensibility, the latter are encouraged and stimulated as leading to a desirable issue, the most bane- ful effects are likely to ensue — effects multiform in appearance and cha- racter, but in all deplorable and- pernicious. Therefore, 2. We advise that with tenderness, but yet with unshaken firmness, all bodily agitations and noisy outcries, especially in worshiping assemblies, be dis- couraged, and as far as possible prevented. Inculcate the truth that every appearance of this description is a weakness or an error which, so far from promising anything beneficial, is likely to lead to the most disastrous results — so far from deserving to be cherished and applauded is to be dis- countenanced and deprecated, and as speedily as may consist with Chris- tian kindness and forbearance entirely suppressed. 3. Guard against every species of indecorum in social worship — such particularly as is manifestly apparent when several individuals pray or exhort or converse at the same time. This is an irregularity pointedly rebuked and forbidden by the apostle Paul in the xiv. chapter of his first Epistle to the Corinthians, and his summary and repeated injunction is, "Let all things be done to edifying; let all things be done decently and in order." But besides the particular irregularity specified, we would dissuade our brethren in the ministry and the eldership of our churches from introducing or countenancing any practice in their public religious assemblies which savors of ostentation, or which may have a tendency to ulterior evils that they would themselves deprecate and seek to avoid. We designedly leave this as a general but important monition, the appli- cation of which to particular instances or cases our brethren must judge of for themselves. 4. There may be in a revival of religion an excess of social meetings and exercises. That such meetings should be frequent in the time of a revival 304 FORM OF GOVERNMENT. we not only admit, but recommend. Yet it ought not to be forgotten that they may be carried to a hurtful extreme, and such an extreme they cer- tainly reach when they encroach to any considerable extent on the ordi- nary duties of life, or when they leave very little time to the thoughtful and inquiring for private meditation, self-reflection and examination, secret prayer, reading the Holy Scriptures and other books of instruction, direc- tion and serious exhortation which, as they have opportunity, they ought to peruse. 5. Meetings of pious women by themselves for conversation and prayer whenever they can conveniently be held we entirely approve. But let not the inspired prohibitions of the great apostle of the Gentiles, as found in his Epistles to the Corinthians and to Timothy, be violated. To teach and exhort or to lead in prayer in public and promiscuous assemblies is clearly forbidden to women in the holy oracles. 6. Let not the settled order of churches he disturbed. Let official elders be respected, and in the absence of pastors or other authorized ministers of the gospel, let the elders or deacons, or other Christians of standing and experience, rather than young converts, take the lead in the social exer- cises of religion. 7. Listen to no self-sent or irregular preachers, whatever may be their pretensions to knowledge, piety and zeal. 8. Let no doctrine inconsistent with the sacred Scriptures as explained and summarily taught in the doctrinal standards of our Church be promul- gated and favored in any of our churches. That the word of God con- tained in the Old and New Testaments is the only infallible rule of faith and practice is a sacred principle which we steadfastly maintain. But when almost every description of persons who profess any regard to Chris- tianity are ready to declare their adherence to the same principle, it be- comes indispensable for Christians who would walk together in peace and order and comfort of the gospel to state in what manner they understand the great truths of divine revelation. This has been done by our Church in our Confession of Faith and Catechisms, and he who teaches any doc- trine plainly and palpably inconsistent with the evident meaning of these excellent formularies should be regarded by Presbyterians as an errorist whom they ought not to encourage, but to discountenance, reject and avoid. 9. Let not apparent converts be hurried into the Church and brought to the table of the Lord without a careful examination, nor ordinarily with- out a suitable period of probation, by which the reality of their religion may be better judged of than it can be by any sudden indications, however plausible. Nothing is more directly calculated to injure ultimately the cause of God and the credit of our holy religion than urging or permitting individ- uals to make a public profession of religion as soon as they have experienced some serious impressions and flatter themselves that they have been re- newed in the temper of their minds. All experience shows that such persons often and speedily dishonor the profession, and not unfrequently become open apostates and sometimes avowed infidels. We know and admit that after all possible care which the churches can take in- stances of deception will occur, for it is the prerogative of God only to search the heart. But to use all proper means to preserve the purity of the Church and save religion from reproach is a sacred duty incumbent on all church officers, and it is a duty which, when faithfully performed, will to a great extent secure its object — the Church will rarely be disgraced by self-deceived hypocrites and eventual apostates. As well might men OF THE GENERAL ASSEMBLY. 305 pretend that no care should be taken to preserve their health, because dis- ease cannot always and certainly be avoided, as that no care should be taken to preserve a sound state of the visible Church because its members and its ministers do in some instances, and despite of all precaution, be- come profligates and a public scandal. Let the Church do its duty, and leave the event to God. 10. Finally, let no measures for the promotion of religious revivals be adopted which are not sanctioned by some example or precept, or fair and sober inference drawn from the word of God. This is a safe general rule, applicable to numerous particular cases which we have neither time nor inclination to specify. Some variety of opinion will exist, and may law- fully and properly be indulged, in regard to the measures which are best calculated to produce revivals, and to conduct them, where they exist, to a happy result. But we earnestly counsel that for every measure contem- plated a warrant be carefully and impartially sought in God's unerring word. If such a warrant can be fairly made out, let the measure be adopted, but otherwise let it be promptly abandoned, for it must be re- membered that the Bible contains not only a safe, but a complete, rule of duty. Thus, beloved brethren, we have raised our warning voice to caution you against certain things by which those displays of God's special grace which we denominate revivals of religion may be clouded and counter- acted, and the incalculable benefits which might otherwise be derived from them may be finally and irretrievably lost. Let us receive instruc- tion from past times ; let us for a moment turn away our attention from all that is now passing in our country to what was witnessed in the days of the celebrated evangelist Whitefield, and. at a- still later period in the south-western parts of our land. In both these instances there was certainly a most powerful and prom- ising religious awakening, and for a time the happiest effects were experi- enced. Numerous conversions of a solid and lasting character took place, and many and most desirable additions were made to the Church of Christ. But through the subtilty of Satan, and the inflamed and mis- guided passions of men, doctrines were at length taught and measures adopted — with a view, as it was loudly proclaimed, to promote and extend the revivals — which were speedily followed by the most disastrous conse- quences. The Holy Spirit was grieved away : excesses which shocked all sober minds succeeded ; every form of fanaticism and religious error ap- peared ; soon the passions, which had been raised to their highest tone, subsided into apathy and carelessness in regard to all religion ; a season of the most lamentable spiritual, declension and deadness followed; infidels multiplied and infidelity proclaimed its triumphs; revivals of religion were reproached and ridiculed, and a deep prejudice against them was excited and fostered which, in some places and in many minds, has not vet been removed. It is. dear brethren, to prevent the recurrence of such evils as these that, with great solicitude for your welfare, we entreat you to be on your guard. Think not that vigilance, caution and prayer in relation to the abuse of revivals are superfluous. Hear on this subject the eminent and justly- venerated President Edwards. He remarks that in a time of revival the chief exertions of the great adversary will be likely to be made with the friends and promoters of the work, to drive them into such excesses and extravagances as shall ruin its credit and ultimately bring all religion into disgrace. And in this his success will be rendered the more probable if he can first persuade such persons that they are in no danger on that 39 306 FORM OF GOVERNMENT. side. It was "while men slept" that the enemy came and "sowed tares;" not while they were in a state of indifference, but while they were not watching against his devices. It is not while men are in a state of indif- ference that the false conversions represented by the tares are brought in, but while men are asleep in a far different sense, while their passions are in such a state of excitement as blinds their minds to the danger. Then the great deceiver can work to the best advantage both in promoting false conversions and in leading into dangerous extremes those who are zealous promoters of the work. Such is the monitory language of at once the most powerful defender of revivals of religion and the ablest correcter of their abuses which our country has ever seen. Let us hear and regard his voice, uttered, as it is, in concert with the voices of men the most distinguished for wisdom, piety and prudence, from the period of the Protestant Reformation to the pres- ent hour. Doing thus, and looking earnestly to our covenant-keeping God to crown our endeavors with success, it is scarcely too much to hope that revivals of religion will spread throughout our whole land, and that their heavenly influence and lustre will continue and increase till they mingle with the noontide splendor of the millennial day. Signed by order of the Assembly. JAMES HOGE, June 1, 1832. Moderator. —1832, pp. 377-380. [The pastoral and circular letters of the Assembly of 1837 are omitted here. They may be found in Baird's Col., Rev. Ed., pp. 760-763, and New Digest, pp. 495-506. The pastoral of 1838, O. S., may be found in Baird, pp. 780-784. That of 1838, K 6., in New Digest, pp. 522-526.] 12. Letter of the General Assembly to the Churches under its Care on the Maintenance of Doctrinal Purity. a. Dear Brethren: The General Assembly, being the bond of union, correspondence and mutual confidence among all the churches, has au- thority to reprove, to warn or bear testimony against error in doctrine or immorality in practice. It is bound to exercise this prerogative when- ever the Church is exposed to any particular danger, or needs admon- ition or exhortation with regard to any special duty. Believing that the present circumstances of our Church render the duty of maintaining a faithful adherence to our standards of doctrine and discipline peculiarly necessary, the Assembly desire to call attention to this important subject. God has been pleased to bring us through a protracted and arduous conflict, in which we have been contending for the truth and order of the Church. While we gratefully acknowledge his goodness in crowning our efforts to sustain our standards with success, it becomes us to look back and see wherein we have sinned, that we may penitently confess our errors and learn wisdom for our future guidance. It is not our object on this occasion to point out the various particulars in which the past con- duct of our Church may have offended God, but simply to call the atten- tion of our ministers and members to what, in the judgment of this As- sembly, has been the principal source of our long continued difficulties. Our great error has been a want of fidelity to the fundamental principles of our ecclesiastical compact. It is important, therefore, that these prin- ciples should be distinctly stated, and the duty of adhering to them be urged upon the Church. Our fathers taught that God alone is Lord of the conscience, and hath left it free from the doctrines and commandments of men which are in OF THE GENERAL ASSEMBLY. 307 anything contrary to his word, or beside it, in matters of faith and wor- ship, that saints by profession are bound to maintain a holy fellowship and communion in the worship of God, and in performing such other spiritual services as tend to their mutual edification, and that this com- munion, as God offered opportunity, is to be extended unto all those who, in every place, call upon the name of the Lord Jesus. In perfect con- sistency with these principles of liberty of conscience and communion of saints, they held that every Christian Church or association of Churches is entitled to declare the terms of admission into its communion, and the qualifications of its ministers and members, as well as the whole system of its internal government which Christ has appointed. b. The terms of Christian communion adopted by our Church have been in accordance with the divine command that we should receive one another as Christ has received us. We have ever admitted to our com- munion all those who, in the judgment of charity, were the sincere disci- ples of Jesus Christ. If, in some instances, stricter terms have been in- sisted upon, if candidates for sealing ordinances have been required to sign pledges, to make profession of anything more than faith, love and obedience to Jesus Christ, these instances have been few and unauthorized, and therefore do not affect the general character of our Church. We fully recognize the authority of the command: "Him that is weak in faith receive ye, but not to doubtful disputations." The application of this command is entirely confined to private membership in the Church. It has no reference to the admission of men to offices in the house of God. On the contrary, we observe that, with regard to ministerial communion, or the qualifications for admission into the office of the ministry, the command of God is that a bishop must be blameless, apt to teach, hold- ing fast the faithful word that he may be able by sound doctrine both to exhort and convince the gainsayers. In obedience to this command, the founders of our Church, and all who have entered it with enlightened views and honest intentions, have declared to* the world and to all other Christian Churches that the system of doctrine contained in the West- minster Confession of Faith and Catechism is that sound doctrine which we are to require in all those who seek the office of a bishop. So also our Form of Government requires of elders and deacons, who are not teach- ers, but rulers and stewards in the house of God, a no less unequivocal and public profession of adherence to our standards ; and in this the Scriptures abundantly sustain our principles. When the elders and dea- cons of a church become lax or heretical in their doctrinal views, they may, and often do, adopt measures as subversive of the doctrine which is according to godliness as could be any measures resorted to by the pastor of the Church. Such are the principles on which our Church was founded, and on which for more than a century it was faithfully administered. It is believed that during all that period no one was debarred from the com- munion of saints who was regarded as a sincere disciple of Christ, and that no one was admitted to any office in our Church, or if admitted was allowed to retain his standing, who dissented in any material point from the system of doctrine contained in our standards. That this latter prin- ciple of our Constitution has of late years been in many cases culpably disregarded is a matter of general notoriety. Many ministers have been received into our Presbyteries who never adopted our Confession of Faith, and many others, bishops and elders, who professed to adopt it have been allowed publicly to avow opinions subversive, of its distinguishing doc- trines. The General Assembly bears its solemn testimony against this 308 FORM OF GOVERNMENT. unfaithfulness. It enjoins on the Presbyteries, on the one hand, to abstain from making anything a condition of ministerial communion which the Constitution does not prescribe, and on the other to be firm and faithful in demanding everything which the Constitution enjoins. In giving thia injunction the Assembly requires nothing that is unjust or unreasonable. No man has a right to join any society unless he is willing to submit to its rules. Much less has any man the right to assume the office of teacher, ruler or steward in a church unless he fully assents to its doctrines. All those who approve of the doctrines which we are pledged to sustain, and who are otherwise qualified for the work, we cordially welcome to our fel- lowship, and promise them our confidence and support. But we protest against the unfairness of those who adopt our standards in a sense differ- ent from their obvious import, contrary to the known and generally received interpretation, as a dishonesty and an injury against which the Presbyteries are bound to protect the churches, and against which the churches should both watch and pray. c. The Presbyteries should remember that they are not independent bodies, each acting for itself alone, an$ therefore at liberty to receive any candidate whom they may suppose is qualified to do good. The Presbyter- ies are co-ordinate members of an extended communion bound together by a written compact. When, therefore, they admit a member who has not the constitutional qualifications, they are guilty of a breach of faith. So also the churches and sessions are not at liberty to desire and urge the election and ordination of any of their own number to any office in the church, or to approve of their continuance in such office, unless they are known to be men who hold fast the form of sound words and show in doc- trine uncorruptness. Were the points in regard to which the Presbyteries, sessions and churches are thus exhorted to adhere to the Constitution mere matters of form, the duty would still be binding ; but as they relate to the truth of God, it is the more obligatory and important. The truth is a sacred deposit which we are bound to treasure and transmit uncorrupted. It is the fire upon God's altar which we are to watch, without which there can be no acceptable offering, and which, if once extinguished, can hardly be rekin died. The sanctuary remains dark and desolate for ages. The history of the Christian Church is one solemn admonition on this subject. Indiffer- ence to truth is one of the first and surest indications of the decline of religion in any communion. Men cannot be indifferent to what they see and feel concerns their own salvation. The Assembly, therefore, would deplore any manifestation of such indifference, and would warn all in our communion against its insidious approaches. It may put on the guise of liberality or assume the name of charity, but its nature is not thereby altered. It is only the more dangerous from these false assumptions. d. We should ever remember that truth is in order to goodness, that the great touchstone of truth is its tendency to promote holiness, that no opinion can be either more pernicious or more absurd than that which brings all opinions upon a level, and represents it as of no consequence what a man believes if he be sincere. On the contrary, we should ever remember that there is an inseparable connection between faith and prac- tice, truth and duty. (Form of Government, chap, i., see. iv.) The Assem- bly is the more earnest on this subject, as the most subtle errors to which our churches are at present exposed are intimately connected with experi- mental religion. It is true indeed that the forms of error in our day vary from the refinements of Arminianism to the grossest atheism, from high Arianism to the lowest humanitarianism, and from the most abstruse meta- OF THE GENERAL ASSEMBLY. 309 physical philosophy, touching free will, moral agency and sin, original and actual, to the bold and daring denial of all accountability and of the moral government of God. It is neither possible nor necessary for the Assem- bly to enter into a detail of these various and varying forms of error. But it is proper briefly to allude to a few of the more subtle character, held by men who have been, and are still desirous of appearing to be, enti- tled to our confidence. We observe, therefore, that it has been openly taught in works widely circulated and highly recommended that self-love is the ultimate foundation of moral obligation ; that the reason why we are bound to do right is that it will make us happy ; that our obligation to obey God does not arise out of our relation to him as our Creator, nor out of his infinite excellence, but from the fact that he knows best what will promote our happiness. How can a man have proper sentiments toward God who entertains such views? How can self be thus made the centre, the beginning and the end of religion and morality, and yet true piety flourish in the soul ? How is God degraded and man exalted ! How is the eternal distinction between right and wrong, holiness and sin, oblite- rated, and all religion made a mere calculation of profit and loss by such a doctrine ! It has still more frequently and undisguisedly been taught that such is the nature of free agency that God cannot certainly control the acts of moral agents ; that he could not prevent the introduction of sin into a moral' system, nor even the present amount of sin ; that he does all he can for the conversion of all who hear the gospel. This doctrine has, from the beginning of the Christian Church, been the dividing line between the friends and the enemies of the doctrines of grace. It is one of the funda- mental principles of that system which is known among us as the new divinity. If this doctrine is true, God is dependent and uncertain in his plans, his promises are all precarious and prayer is a mockery. The doctrine of original sin, as taught in our Confession of Faith and as held by all the Churches of the Reformation- has been extensively repu- diated. Yet this doctrine not only lies at the foundation of the whole system of redemption, but is most intimately connected with religious expe- rience. The new doctrine denies the corruption of our nature ; it makes the evil that is in our hearts a light matter, to be overcome by volition, by a mere change of purpose. Regeneration, therefore, is an easy work — as easy as a change of determination regarding a profession or a journey. The change itself is generally different from what the Christian world has hitherto regarded it. It is a mere choice of a different source of happi- ness — a choice made from self-love and for self-gratification. What kind of religion is that, brethren, the very essence of which is not the love of God, but the love of self? The sinner, moreover, according to this system, is not dependent on the sovereign mercy of God ; he has, independently of the influence of the Holy Spirit, full power to change his heart and perfectly keep the law of God. The work of the Spirit, though occasionally introduced into the writings of the advocates of these views, seems entirely out of place and heterogeneous. Instead, therefore, of having the prominence which it has in the word of God and in the writings of the Reformers, it is subordinate, secondary and unimportant. The Assembly would further remind you that radical error regarding the priestly office of Christ, and our justification through him, has been and is extensively taught. Our standards of doctrine teach that Christ. as a priest, "offered himself a sacrifice to satisfy divine justice," and that We are justified by the righteousness of Christ, consisting in his obedience, 310 FORM OF GOVERNMENT. and in offering of himself a sacrifice for sin, "imputed to ua, and received by faith alone." The Scriptures declare that Christ, "through the eternal Spirit, offered himself without spot to God.'* Here is language not equiv- ocal, and it is easy of apprehension. Need we inform you that there are those who subvert this truth, who deny that Christ, as a surety, made a legal satisfaction for our sins, or that he wrought out a righteousness which is imputable to us for our justification in the sight of God ? Such tell you, in the face of the Bible and of what you have been taught, that jus- tification is a sovereign act of pardon, that it takes place in every instance by a suspension of the regular order of distributive justice, and that the death of Christ was a mere exhibition of the desert of sin in the abstract, producing no other effect than that of changing the moral feelings and character of the sinner. Thus divine truth and justice are dishonored in our salvation. We are not mistaken when we say to you that this most unreasonable and pernicious error is extensively propagated. Let it pre- vail, and God is dishonored, the only hope of a convinced sinner is taken away, and there remains for him nothing but the wrath of incensed, un- appeased justice. As your friends we warn you to be guarded against such departures from the faith of Jesus to another gospel — a gospel which subverts the foundation of all your hopes; which denies "that Christ died for our sins, according to the scriptures;" that "he bore our sins in his own body on the tree ;" " that the Lord laid on him the iniquities of us all ;" that " Christ hath redeemed us from the curse of the law, being made a curse for us;" and that he is thus "set forth" in the blessed gospel, "a propitiation, through faith in his blood to declare God's righteousness, in the remission of sins that are past," that he might be just, " and yet the justifier of him that believeth in Jesus." Such truth as the Saviour's actual substitution for sinners is fundamental to the plan of our salvation, and cannot be surrendered without an entire subversion of the gospel system. This whole system, in making self-love the ground of all moral obliga- tion, in denying the corruption of our nature, in exalting the power ot man, in depreciating the necessity of the Spirit's influence, in misrepre- senting the nature of the work of Christ, is in direct hostility to evangeli- cal religion, and as this Assembly solemnly believes, cannot prevail with- out bringing death and desolation upon the churches. We therefore warn all our ministers and members against this system of error, and enjoin on all our Presbyteries to be firm and faithful in resisting its approaches. The Assembly lays claim to no new powers, it prescribes no new tests, it lays down no new terms of ministerial communion. It bears its testimony against prevailing errors, and it requires that those who are set as teachers and guides over the churches committed to its care should preach the doc- trines which they profess to believe. e. Let our churches and judicatories, then, in humble dependence upon God, and in a spirit of meekness and love, adhere faithfully to the great principles of our ecclesiastical compact, never demanding more than the Constitution requires, and never being contented with less. In order to secure doctrinal purity in our churches, it is absolutely necessary that Presbyteries be faithful in guarding with sedulous care the entrance into the ministry in regard to the piety, the orthodoxy and the learning of the candidates. These three grand qualifications are not inde- pendent of each other, but intimately connected. Our Book of Discipline requires that before any person is received as a candidate he should be subjected to an examination in regard to his piety and his motives for seeking the sacred office. There is too much reason to fear that this ex.- OF THE GENERAL ASSEMBLY. 311 animation, in many Presbyteries, is slight and little more than a form, as we seldom hear of any persons rejected or kept back for want of evidence that they are truly converted. Unless Presbyteries pay a special attention to this subject, the Church will be overrun and ruined by unconverted ministers ; and such are not only incapable of guiding inquirers in the way to heaven, but possessing no sincere love to the distinguishing doc- trines of the Bible, they will be constantly inclined to conceal them, to set them aside or to reject them altogether. On this subject the General As- sembly would solemnly admonish all the ministers and elders in our com- munion to exercise a faithful care, and also to be thorough, in the exam- ination into the theological opinions of candidates. It has been found by sad experience that it is not sufficient for candidates in the general to an- swer the questions proposed in our discipline; this they will often do, while they entertain opinions diametrically repugnant to some plainly expressed articles of faith, and will go on and inculcate their erroneous opinions. This arises from a false notion respecting the true principles on which our formularies should be adopted, of which we have already spoken. Few young men are so lost to honesty that they will before Presbytery avow opinions which they do not believe, although they will often conceal their real opinions unless they are elicited by a searching examination. The General Assembly feel it to be of unspeakable importance that weak, ignorant and imprudent men should not be introduced into the min- istry. Such men, though incapable of doing much good, even if pious, yet may do immense mischief to the cause of true religion, and only serve to bring the holy ministry into contempt — a result against which we are repeatedly admonished in the sacred Scriptures. It is not enough to in- crease the number of the clergy. The Church's wants cannot be supplied by merely multiplying the number of ministers unless they are well qualified for the duties of the sacred office. Indeed, the greater the number of unsound or ignorant ministers, the greater the injury to the Church. /. Another thing of great importance in securing and promoting purity of doctrine is the election of suitable men to the office of ruling elders. Frequently it is found that men of intelligence and influence, who are members of the Church, shrink from this office, on account of the difficul- ties which attend the performance of its duties. This disposition to avoid the responsibilities of the office the Assembly cannot but consider as a dereliction of duty deserving censure. A sound, intelligent and faithful eldership is essential to the successful operation of our system. Every effort should be made, therefore, to make this class of office-bearers what the plan of Presbyterian Church government contemplates. g. The General Assembly feel it to be important to enjoin upon all pastors the more frequent and diligent use of our formularies of doctrine. They would recommend that the sessions of our churches hold frequent meetings for free conversation, and for the study of our doctrinal formu- laries as well as our discipline. They also reiterate the injunction, so often given, that great care be taken in every church to have the Shorter Cate- chism taught to all the youth, except that, if a class can be formed for learning the Larger Catechism, such young persons should be encouraged to commit this excellent summary of Christian doctrine. It would be sat- isfactory to the people, and would confirm them in the belief of the doc- trines of our Church, if ministers would more frequently refer to the lan- guage of our Confession and Catechisms, and would occasionally adopt the very words of our formularies in their sermons and lectures. They also recommend that with the Catechisms the Scripture proofs ought to be 312 * FORM OF GOVERNMENT. carefully learned, that the people may have their faith founded, not on the authority of men, but of God. h. The General Assembly also feel it to be incumbent on them to give a warning against false teachers. The Scriptures abound with solemn ad- monitions on this subject, and such admonitions have always been needed, and are at this time peculiarly seasonable. Those in every age who have propagated error have been characterized by various insidious arts, by which the truth has either been subverted or so adulterated as to have its beauty disfigured and its efficacy destroyed or diminished. These false teachers are numerous and cunning and bold. They beguile unstable souls. If it were possible, they would deceive the very elect. It was a commendable feature in the character of one of the churches of Asia that she had tried certain false teachers who said that they were apostles, and had found them liars. Remember, brethren, that though an angel from heaven should bring to you any other doctrine than that ye have already received from the inspired writers, he is accursed ; and if any come to you and bring not the doctrines of the gospel, receive him not into your houses, neither bid him Godspeed, lest ye be partakers with him in his evil deeds. Beware, then, of wolves in sheep's clothing. Beware of those who by good words and fair speeches beguile unstable souls. i. The Assembly cannot refrain from a solemn warning to all their churches against books containing erroneous doctrines, however they may come recommended by men in high places. The Assembly is fully con- vinced that all our ministers and members ought with the greatest care to guard this subject, and see that they become not the patrons of books already published, or proposed to be published, unless they are well certi- fied of their character. The Assembly, moreover, feel constrained to admonish the churches of the great importance of taking and reading only such periodical papers as have the character of being sound in doctrine and advocate the genuine principles of Presbyterian government and order. It is by no means our wish to interfere in the least with the liberty of the people to buy and read such publications as they judge best, but it is our privilege and duty, in all cases where the truth of God, or the order of his house, is concerned, to admonish and warn all those who in the providence of God are placed under our watch and care ; and when but one religious paper is taken by a family in our connection, it is surely not unreasonable to advise and expect that it be one which can be recommended by the ministers and judicatories of the Presbyterian Church. We are convinced that the dif- ficulties in which our beloved Church has been involved have been in no small degree owing to the periodical press, and we confidently believe that unless more care be taken to guard against the circulation of unsuit- able papers in our churches, the same evils from which we have escaped will again come in upon us, notwithstanding all the efforts of the pulpit to counteract them. But the only effectual remedy for the evil of which we complain is in the hands of the people. Let every member of the Presby- terian Church resolve to introduce at least one weekly paper into his house, and let that be such an one as will in all respects have a salutary influence on those who peruse it. It would be invidious to designate particular periodicals, and this is en- tirely unnecessary. Let the person who wishes to subscribe for a religious newspaper take the advice of his pastor or of some judicious friend on whose honesty and judgment he can depend. The General Assembly would press this subject on the attention of their people. It has hitherto been too much overlooked, but it is becoming evidently of primary iui- OF THE GENERAL ASSEMBLY. 313 parlance. It is in vain that the pastor inculcates sound doctrine on the Sabbath day, if through the week the people are occupied with books, tracts and papers which insinuate, and even inculcate, a contrary doctrine. j. In conclusion, the General Assembly would solemnly inculcate on all classes of persons a profound reverence for the holy Scriptures. These are the oracles of the living God. " To the law and testimony, if they speak not according to these, it is because there is no light in them." There are few things more alarming, as it relates to purity of doctrine, than the bold and unauthorized interpretations put on certain portions of the word of God by serious persons in order to maintain some favorite principle adopted by them, and which, before they begin their inquiries, they confidently presume cannot be contrary to the word of God. Instead, therefore, of humbly submitting their own opinions to the divine author- tiy, speaking in the sacred Scriptures, they have the audacity to wrest the truth of God and bend everything to suit their own preconceived senti- ments. Against all such profane handling of the word of God the Assem- bly lifts up its voice of warning. And, finally, as the Holy Spirit was promised to be a guide into all truth, and as this most precious gift is still granted to the Church in answer to prayer, let all who love the truth, and desire to see it universally prevail, never cease to pray for this blessing, which is indeed the rich source of all good things. The strenuous defenders of the truth have been charged with holding and being contented with "a dead orthodoxy." Let us roll away this reproach as far as there is any foundation for it. While the truth may be held in unrighteousness, there is surely no natural connec- tion between orthodoxy and dead formality. The importance of truth is such that there can be no right feeling without it; and although ignorance or error in regard to some truths may be consistent with a state of grace — for otherwise who could be saved ? — yet every truth of revelation is pre- cious and important, so that if any portion of it is never brought to bear on the mind and heart, just so far there will be a defect in the Christian character. Just as if a seal on which is engraved a certain image or in- scription, if it be ever so little marred or mutilated, in the same degree leaves an imperfect impression on the wax. Dear brethren, receive in good part our exhortation. We sincerely aim to promote your spiritual welfare. Our lot is cast in an eventful and crit- ical period as it relates to our ecclesiastical aifairs. After much and long agitation, a great schism has occurred. A large number of those recently comprehended in the same denomination with us have now gone out from us. In this whole transaction the providence of God has been very re- markable. Let us now endeavor, as becomes the sincere disciples of the meek and lowly Jesus, while we contend for the faith once delivered to the saints, to be careful not to strive about words to no profit or with a spirit unbecoming the Christian character. Faith and Charity are twin sisters, and should never be separated. See that ye love one another with a pure heart fervently. Brethren, the grace of our Lord Jesus Christ be with you all.— 1839, p. 183, O. S. 13. Pastoral Letter on Revivals of Religion. Dear Brethren : With pious delight your fathers have often told you of the wonders which God wrought in their day when he poured out his Spirit on ministers and people. Yea, many of you have been eye-wit- nesses of his majesty and grace in his visits to the churches. You can remember the time when well-authenticated accounts of glorious revivals 40 314 FORM OF GOVERNMENT. were found in almost every number of our best religions journals. It has caused deep sorrow to lively Christians that for several years past compar- atively few extensive and powerful revivals of religion have been reported to the Assembly. With gratitude to God we acknowledge that he has not utterly forsaken us, nor left us to an entirely fruitless ministry and barren ordinances ; but still the ways of Zion have mourned, and few have come to her solemn feasts. We are happy to say that for a few months past tokens for good have appeared in various quarters. Some of the Presby- teries report that God is with them of a truth. These mercies, so rich and so seasonable, have turned our attention with renewed hope to the exceeding great and precious promises of God. They recall to our mind those gracious chidings of our heavenly Father : " O thou that art named the house of Jacob, is the Spirit of the Lord straitened ? Are these his doings ? Hast thou not known, hast thou not heard that the everlasting God, the Lord, the Creator of the ends of the earth, fainteth not, neither is weary? He giveth power to the faint, and to them that have no might he increas- eth strength." We doubt not that these and similar admonitions of God's word, together with some recent revivals, were designed to rebuke our unbelief and to encourage in us the hope of more copious blessings. This is the manner of God with his people, as may be seen in many parts of Scripture. Thus he said to the Jewish Church, "I am the Lord thy God, which brought thee out of the land of Egypt ; open thy mouth wide, and I will fill it." Thus, too, when, by examining the prophecies of Jeremiah, Daniel, then a captive in Babylon, learned that God had purposes of mercy to his people, and was about to deliver them, he was greatly encouraged, and " set his face unto the Lord God, to seek by prayer and supplications, with fasting and sackcloth and ashes." In like manner, we live in a time when there is much to deplore, and yet much to hope for. The very dispensation under which we live is by inspired men called "the ministration of the Spirit." Under it the Church may well pray in hope for blessed effusions of the Holy Ghost, who is by Christ himself called " the promise of the Father." Many large prophe- cies concerning the latter-day glory are now fulfilling, and others yet more ample must soon be fulfilled. After a long period of coldness a renewed warmth of love and zeal and activity has been granted to some. We hope it will soon be extended to many. For God has said, " I will assem- ble her that halteth, and I will gather her that is driven out and her that I have afflicted." It was specially to the Gentile Church that God said, "Thy Maker is thy husband; the Lord of hosts is his name; and thy Redeemer the holy One of Israel. For a small moment have I forsaken thee, but with great mercies will I gather thee. In a little wrath I hid my face from thee for a moment, but with everlasting kindness will I have mercy on thee." In view of these things w r e now address you. You will not misunderstand us as exhorting you to do anything by which a spirit of fanaticism should spread among us. Nothing is farther from our wishes. A wild enthusiasm, just so far as it prevails, will mar or ruin the interests of vital piety. It begets the very worst state of things. It finally induces skepticism, laxity of morals, a forsaking of the house of God and general irreligion. We therefore hope that you will do and seek nothing inconsistent with the sobriety of the gospel, the decorum of pub- lic worship and the gravity and gentleness which the word of God every- where enjoins. We seek to promote, not confusion, but order, not blind and bitter, but wise and benevolent, zeal. A pure revival will always be marked by " the wisdom that is from above, which is first pure, then peace- able, gentle and easy to be entreated, full of mercy and good fruits, with- OF THE GENERAL ASSEMBLY. 315 ovt partiality and without hypocrisy." " The fruit of righteousness is sown in peace of them that make peace." If the King, most mighty, shall "ride prosperously" in the earth, it will be "because of truth and meekness and righteousness." Having thus guarded against misconstruction, we beseech you, brethren, to remember that a state of indifference to spiritual things is a great offence in the sight of God. It is indeed the very core of depravity. Not to be greatly affected by divine things may be consistent with a decent profes- sion of religion in a low state of the Church, but it is a great sin against God. How terrible are the rebukes of the Almighty to the lukewarm ! He says he " will spew" them out. He says: "Woe to them that are at ease in Zion." All persons who promote this state of things in the Church are very offensive to God. He says: "Woe unto the women [certain prophetesses] that sow pillows to all armholes." Deplorable indeed is the state of any people whose watchmen cry Peace, peace, when there is no peace. Deadness, negligence, earthly mindedness and vanity in ministers, elders, deacons or private Christians, are extremely abominable to God. A supine carelessness and a vain, carnal, worldly spirit in ministers or people is the worst madness and distraction in the sight of God. Sound, sober discretion is always to be sought, but worldly policy is the bane of godliness. Carnal prudence is the plague of any church into which it gains admission. When there is none that "stirreth himself up to take hold of God," he hides his face and consumes us because of our iniquities. Proper means are therefore to be used, and in a proper spirit too ; espe- cially — Prayer. — How full are the Scriptures on this point! " Call upon me in the day of trouble; I will deliver thee, and thou shalt glorify me." " Ask, and it shall be given you, seek, and ye shall find, knock, and it shall be opened unto you." It is as true now as in the days of Elijah or of James that " the effectual fervent prayer of a righteous man availeth much." "If ye, being evil, know how to give good gifts unto your children, how much more shall your heavenly Father give the Holy Spirit to them that ask him." Here " the Holy Spirit," the very blessing which we need in all our bounds to enlighten, renew, sanctify and comfort, is sweetly and assuredly promised to them that ask. Let us humbly, fervently, impor- tunately and in full assurance of faith, cry to God for so great a mercy. Yea, let us all thus pray. The apostles devolved the actual distribution of alms on deacons chosen for the purpose, but they no more thought of giving up prayer than preaching. Indeed, the very reason they assign for wishing to be relieved from serving tables is that they may " give them- selves continually to prayer and to the ministry of the word." If any man ceases to pray fervently, he ought to lay aside all other functions in the Church »of God, for he is wholly unfit for any of them. We do not deem it for edification to designate any particular days or times when spe- cial prayer shall be made, but we beseech you in your ejaculations, in your closets, in your families, in your social meetings and in your large assem- blies, to make unceasing prayer to God for seasons of merciful visitation. Should any times of special prayer, in addition to those already agreed upon, be deemed proper, you will appoint them yourselves. But we entreat you not to permit anything to prevent your daily and earnest cries to God for mercy and salvation to descend on all our churches. "Ye that make mention of the Lord, keep not silence, and give him no rest, till he estab- lish and till he make Jerusalem a praise in the earth." To prayer it is proper to add — Fasting. — When our Lord was yet with us, he said that when he should 316 FORM OF GOVERNMENT. be taken away his disciples should fast. Pious men in every age have united fasting with prayer in times of distress, even if speedy deliverance was hoped for. So did Daniel in the case already cited. So did Ezra and all the Jews at the river Ahava, on their return from Babylon, and just before the great revival of God's work among them. Like prayer, fast- ing has been a part of every system of religion known among men. Some, indeed, even in Christian countries, have carried it to the length of super- stition, and have thereby impaired their health. Others who pretended to ^ast only exchange one kind of sumptuous eating for another, and thus mock God. We commend not, but rather reprove, all such practices. Yet we fear that some among us seldom if ever fast at all. We trust this matter will be inquired into, and if there has been a departure from divine teachings, there will be a speedy return to this scriptural duty. The nature of an acceptable fast, and the blessings attending it, are clearly stated in the Scriptures, and especially in the fifty-eighth chapter of Isa- iah. To prayer and fasting add — Almsgiving. — "The poor ye have always with ye, and whensoever ye will ye may do them good." If they need not shelter, they may need fuel or food or clothing or medicine. If they have all these, they or their chil- dren may need instruction, warning or encouragement. If there be no poor near you, think of those who are perishing elsewhere, if not in a famine of bread, yet in a famine of the word of God, whether written or preached. Help them. Be both liberal and systematic in your charities. "Remem- ber the words of the Lord Jesus, how he said, It is more blessed to give than to receive." It was when the prayers of Cornelius were united with his alms that they came up for a memorial before God. Separate not prayer and fasting from almsgiving. God has joined them together. One benefit of fasting is that it affords or increases the means of giving to those who are more needy than ourselves. Beware of covetousness. Beware of the spirit of hoarding. Many in our day think they do well if they give even one-tenth of their increase. But the ancient Jewish Church gave far more than that. The gospel settles nothing as to the proportion to be given, but it says: "As ye abound in everything, in faith and utter- ance and knowledge and in all diligence and in your love to us, see that ye abound in this grace also." The motives it urges are of the highest kind. Every believer must feel their force. "Ye know the grace of our Lord Jesus Christ, that though he was rich, yet for your sakes he became poor, that ye through his poverty might be rich." Surely, with superior privi- leges, Christians should have a higher standard of liberality than those who lived under a darker dispensation. Yet even to the Jewish Church God said : "Bring ye all the tithes into the storehouse that there may be meat in mine house, and prove me now herewith, saith the Lord of hosts, if I will not open the windows of heaven and pour out a blessing that there shall not be room enough to receive it." Brethren, will you not "prove" the Lord? You shall find him faith- ful. If from right motives you practice proper liberality, ' all nations shall call you blessed, for ye shall be a delightsome land, saith the Lord of hosts." To these things unite — Praise. — This duty is much insisted on in Scripture. If we had praised God more for favors received, we should have received more favors to praise God for. In heaven there is joy over one, even one, sinner that repenteth. It should be so on earth. " Whoso offereth praise glorifieth me." Even in the jail at Philippi, Paul and Silas to prayer added the "singing of praises." It has long been observed that precious revivals are not only accompanied, but preceded also, by an increased disposition to OF THE GENERAL ASSEMBLY. 317 make thankful mention of God's mercies. Thus the time that elapsed between the ascension of our Saviour and the day of Pentecost was in some respects a dark season. Yet blessings had been received, and greater ones were expected. In the first chapter of Acts, Luke tells us that dur- ing this time the disciples " all continued with one accord in prayer and supplication." But in his gospel Luke says, " They were continually in the temple praising and blessing God." There is no contrariety between these statements, because there is no contrariety between prayer and praise. So when the glorious revival commenced in Jerusalem, and many thou sands were converted to God, " they continuing daily with one accord in the temple, and breaking bread from house to house, did eat their meat with gladness and singleness of heart, praising God and having favor with all the people, and the Lord added to the Church daily such as should be saved." When a church finds itself but little inclined to the work of praise, it is certain that the work of God is not likely to prosper greatly. It must have forgotten much of its obligations to Christ. " By him, there- fore, let us offer the sacrifice of praise to God continually — that is, the fruit of our lips — giving thanks to his name." Thus shall we at least be pre- pared to own and profit by any new mercy which the Head of the Church may vouchsafe to us. Besides these things let us call your attention to — Patient waiting for the Lord. — Hardly anything is more insisted on in Scripture as requisite to a right state of mind and heart. It is true that some who give great prominence to other duties of religion seldom speak of this. But the Scriptures, and not the example of even good men, are our rule of faith and life. The word of God dwells much on this subject. Thus says one : " I wait for the Lord ; my soul doth wait, and in his word do I hope. My soul waiteth for the Lord more than they, that watch for the morning : I say, more than they that watch for the morning." Again, " As the eyes of servants look unto the hand of their masters, and as the eyes of a maiden unto the hand of her mistress ; so our eyes wait upon the Lord our God, until he have mercy upon us." The same state of mind is beautifully described by the Church in Solomon's Song, where she says: "I charge you, O ye daughters of Jerusalem, by the roes and the hinds of the field, that ye stir not up nor awake my love till he pleases." Let us not, therefore, suppose that we shall please God by a tumultuous, much less by an imperious, state of mind. A judicious parent gives noth- ing to a child when in a turbulent state of mind, however loudly and earnestly it may call for it. Neither will our heavenly Father hear our cries unless our spirits be subdued and submissive. The Psalmist says : "Surely I have behaved and quieted myself as a child that is weaned of his mother: my soul is even as a weaned child." Nor does he regard this as a ground of discouragement, but rather of hope, for his next words are, " Let Israel hope in the Lord from henceforth and for ever." So also, whether we apply the fortieth Psalm to Christ or to his people, it teaches the same thing : " I waited patiently for the Lord, and he inclined unto me, and heard my cry." We also call your attention to — Religious Conversation. — Has not a sad decline in this respect been man- ifest of late years? Many speak much of some things concerning religion, but how few delight in speaking of the great things of God, and particu- larly of experimental religion! We would be very far from encouraging an ostentatious display of personal feelings. But proper conversation i- as rauca opposed to ostentation as to coldness. It was an inspired man who said, "Come and hear, all ye that fear God, and I will declare what he hath done for my soul." Many of the Psalms, such as the thirty-second the forty-second and the fifty-first, are full of declarations of religion- ex- 318 FORM OF GOVERNMENT. perience. The seventh chapter of Paul's Epistle to the Romans is most precious to the saints, chiefly because it reveals the internal conflicts of that servant of God. Nor should pious conversation be confined to times of prosperity in the Church. The prophet Malachi lived in times of open wickedness and sad apostasy. But few remained steadfast. Yet even then "they that feared the Lord spake often one to another; and the Lord hearkened and heard it, and a book of remembrance was written before him for them that feared the Lord, and that thought upon his name. And they shall be mine, saith the Lord, in that day when I make up my jewels ; and I will spare them as a man spareth his own son that serveth him." Indeed, he who would condemn a truthful and modest recital of the dealings of God with one's soul must not only condemn such works as Augustine's Confessions, Bunyan's Grace Abounding, Newton's Authen- tic Narrative and Scott's Force of Truth, but also the conduct of Paul, who often declared the particulars of his conversion, and the conduct of very many of the inspired writers also. We do, therefore, commend this matter to your serious attention. They who would enjoy extensive and powerful revivals of religion must also put a high estimate upon them. — The Holy Spirit, no less than the Father or the Son, says: "Them that honor me will I honor; and they that despise me shall be lightly esteemed." The Holy Spirit is the sole author of genuine revivals. Would we secure his gracious- presence? Let us prize it above all earthly good. His love is better than wine. He is the true oil of gladness. Only when he, like the wind, blows on his garden, do the spices thereof flow out. Nothing that man can do is any substitute for his gracious presence. And no labors that man can perform are a substitute for a high estimate of the value and glory of the Spirit's presence. If our estimate of such blessings be really high, it will lead to a forsaking of all that might in our judgment displease God. — It will produce great heart-searchings, it will lead us to remove every stumbling-block out of the way and to prepare the way of the Lord. Dear brethren, let us lay aside all malice, and all guile, and hypocrisies, and envies, and all evil speakings. Let us heal every breach of charity. The visible form in which the Holy Spirit descended on our Saviour was that of a dove, the very emblem of gentleness, a bird that never dwells with birds of prey, nor amidst noise and strife. Paul says, " Grieve not the Holy Spirit of God, whereby ye are sealed unto the day of redemption ;" and immedi- ately adds, "Let all bitterness, and wrath, and anger, and clamor, and evil speaking be put away from you, with all malice; and be ye kind one to another, tender-hearted, forgiving one another, even as God, for Christ's sake, hath forgiven you." If our churches are in a cold state, it is by reason of sin. " Your iniquities have separated between you and your God." How solemn are these words of God to his ancient Church ! — " I will go and return to ray place till they acknowledge their offence, and seek my face ; in their affliction they will seek me early." Let us prove that we are his people by confessing and forsaking all our offences. We suggest whether the practice of assembling the people, for several con- secutive days, for prayer and praise and preaching might not be happily re- vived .--In some places it has been continued, and with good effect; but in others, we fear, it has fallen into general disuse. Prudence should be ex- ercised as to the time when and how long such meetings should be held. That they are not novelties is plain from the Directory for Worship, chap, viii., sec. 6. A favorite method of noticing the preaching of the gospel in the New Testament is that of bearing testimony. And we all know OF THE GENERAL ASSEMBLY. 319 how mightily the power of testimony over the human mind is increased by two or more agreeing witnesses ; so that by the mouth of two or three witnesses every word is established. This principle of our nature was con- sulted by our Lord in sending out his apostles, and by the apostles them- selves. Under the divine blessing on their united testimony borne to the same people, the great work of grace on and after the day of Pentecost was accomplished. We have no new expedients to commend to you. — We fear all such. The Bible indicates all the means to be used. We have noticed the chief of them. We beseech you to use with zeal and perseverance all such means as God has appointed for reviving his work. Brethren, be not slothful, but be ye filled with the Spirit. Be ye steadfast, unmovable, always abounding in the work of the Lord, forasmuch as ye know that your labor is not in vain in the Lord. The necessity of copious effusions of the Holy Spirit will not be questioned. — In vain are all our efforts until the Spirit be poured from on high. No improvements in agriculture can render the dew and the rain unnecessary to the growth of grain. No amount of canvas will give speed to a vessel unless the wind blows. So no endeavors of man unaided by divine influ- ence can save a Church from spiritual death. If we are not mistaken, there is a loud call at this time on all of us to look away from instru- ments and means to God alone. The number of candidates for the min- istry, though really considerable, is very small, compared with the present and prospective wants of even our own country. Our country is growing at a rate that almost staggers belief. More than a million of souls were added to her population the last year; a still larger number will probably be added this year. Many foreigners, both ignorant and superstitious, come amongst us. But many are also the excellent of the earth. Let us receive all with kindness, and seek to do them good. If God will but pour out his Spirit on the least instructed among them, they will be incal- culable blessings to us. In some places, where once existed churches famous for their piety, the things that remain are ready to die. What shall we do but go to God, with whom is the residue of the Spirit? He has said: "Fear not, O Jacob, my servant; and thou, Jesurun, whom I have chosen. For I will pour water upon him that is thirsty, and floods upon the dry ground ; I will pour my Spirit upon thy seed, and my bless- ing upon thine offspring: and they shall spring up as among the grass, as willows by the watercourses. One shall say I am the Lord's ; and an- other shall call himself by the name of Jacob ; and another shall sub- scribe with his hand unto the Lord, and surname himself by the name of Israel." " Then the eyes of the blind shall be opened, and the ears of the deaf shall be unstopped. Then shall the lame man leap as an hart, and the tongue of the dumb sing: for in the wilderness shall waters break out, and streams in the desert. And the parched ground shall become a pool, and the thirsty land springs of water. In the habitation of drag- ons, where each lay, shall be grass with reeds and rushes. And an high- way shall be there, and a way, and it shall be called the way of holiness/' The erection of churches, the establishment of schools, the distribution of the word of God, the instruction of children, the settlement of ministers, and even the preaching of the gospel, are not ends. They are only means to an end. That end is the glory of God in the salvation of souls. This salvation will never be effected without the pouring out of God's Spirit on the hearts of the people. And as in our country there are many people, and the number rapidly increasing, notwithstanding the ravages of death, it is plain that myriads must die in their sins and for ever perish unless 320 FORM OF GOVERNMENT. God's Spirit be poured out in very large measure on ministers and people, and that speedily. What a blessing such a season would be! What blessings it would bring with it! Such times are in Scripture well called "times of refresh- ing." They refresh ministers. They refresh older Christians. To the young converts they are life from the dead. When under Philip's preaching in Samaria many were converted to God, " there was great joy in that city." It was so in Jerusalem on the day of Pentecost and for some time after. It always has been so. It always must be so. If joy in the Holy Ghost, and a good hope through grace, and seeing sinners flying as a cloud to Christ, will not make a ministry and a people truly blessed, nothing can. " God of our salvation, wilt thou not revive us again, that thy people may rejoice in tlxeef " Return, return, Shulamite; return, return, that we may look upon thee." We beseech you, therefore, brethren, by the mercies of God, that ys present your bodies a living sacrifice, holy, acceptable unto God, which is your reasonable service, and that you call upon your souls and all that is within you to wake to righteousness, and so much the more as ye see the day of deliverance and triumph approaching. By the love ye bear to the great Redeemer and the souls of men, we pray you to shake off the spirit of slumber wherever it rests. One of the burning and shining lights of the Church said in his day, " Little do we know what many a soul may now be suffering in hell through our neglect or coldness." Our opportu- nities to serve God in the Church below will soon be past for ever. Soon we can pray no more, preach no more, and no more beseech sinners to be reconciled to God. The time is short. The Judge standeth before the door. The night cometh when no man can work. Brethren, put on bowels of mercy and compassion, and devote your remaining days to proper efforts to save men from the coming wrath, and thus bring glory to your divine Redeemer who is over all God blessed for ever. NICHOLAS MURRAY, Moderator. Pittsburg, Mav, 1849. —1849, pp. 424-429, O. S. 14. On Diligence in Repairing the Wastes of the War. The General Assembly of the Presbyterian Church in the United, States of America, in session at Pittsburg, Pennsylvania, in the year of our Lord 1865, send to the Churches under their care, greeting ; The terrible calamities which have befallen our country during the last four years, and their injurious influence on the material, intellectual, moral and religious condition of the people, render it peculiarly important for the General Assembly, composed of your representatives from most of the loyal States, to remind you of the solemn responsibilities which this state of things devolves upon our churches, as well as upon the other Christian churches of this land. Immense districts in the Southern States, now redeemed from the civil rebellion, have become, by the casualties of war, desolate wastes, the re- pairing of which demands immediate and earnest attention. Their politi- cal status is under the direction and control of the civil government. Their desolated fields must be put under cultivation, and their ruined dwellings, villages and cities rebuilt by individual industry and enterprise. But their intellectual, moral and religious privileges, by means of literary institutions and gospel ordinances, must be restored by the exertions of Christian philanthropy. And in the Northern States, though the war has OF THE GENERAL ASSEMBLY. 321 not materially diminished their wealth and prosperity, nor closed their schools, colleges and churches, we have reason to apprehend that the de- moralizing influences of the camp upon the habits of our brave and patriotic soldiers will introduce into hundreds of neighborhoods in the North vices heretofore unknown, unless counteracted by timely and effi- cient efforts. " The patriotism of the nation, under God, has saved the Union, and it now remains for the piety of the Church to sanctify the people." The means for accomplishing this work have been instituted by God himself, viz., earnest and believing prayer for the outpouring of his Holy Spirit, the faithful preaching of his word, and the liberal contribution of our substance for keeping in vigorous operation those auxiliary agencies which are adapted to benefit and save the souls of men. The first great want of the Church and country is the effusion of the Holy Spirit, for which earnest prayer should be daily offered to God. The gift of the Spirit, descending in pentecostal showers upon all our borders, will heal the breaches which have been made among us by this cruel and bloody war, reclaim from sin and ruin the many thousands who, in con- sequence of the war, have yielded too much to the corrupting tendencies of their depraved appetites and passions, purify the fountains of litera- ture, and make all our schools and colleges the sources of virtuous and holy influences, impart to our firesides and places of business, to our popular assemblies and halls of legislation, a spirit of healthful and happy piety, and surround our whole land with a halo of celestial light and love. But this inestimable blessing must be sought by earnest and importu- nate supplication. God will be inquired of by the house of Israel to do these things for them. Brethren, pray without ceasing until the Lord shall rain, righteousness upon us, like the prophet Elijah on Mount Car- mel, who cast himself down upon the earth in prayer, and sent his servant seven times in succession to look toward the sea, until at last a little cloud appeared like a man's hand, and speedily a refreshing and fertilizing rain covered the whole land of Israel. In addition to daily prayer in the closet and family, the Assembly recommend that our pastors and church sessions, at their discretion, appoint meetings for prayer in their respective congregations, daily if practicable, but if not, then once or twice a week, to pray especially for the outpouring of the Holy Spirit ; and that, like the pious and faithful few who assembled daily for prayer, for ten days prior to the day of Pentecost, these praying ones look and wait in believing expectation for the fulfillment of the divine promise to send this blessing upon his Church. In connection with prayer, the Assembly recommend that, as often as may be deemed expedient by our ministers and church sessions, they also appoint special public services for preaching the gospel. God has visited some of our congregations with large outpourings of his Holy Spirit in connection with these extra services. By these means the unconverted are brought daily under the influence of the preach 3d word, and impressions produced one day are deepened by warnings reiterated on the next, and the result has often been a precious ingathering of souls. The Assembly further exhort the churches under their care to practice an enlarged liberality in sustaining the cause of Christian benevolence. Not to mention other benevolent objects and associations, the operations of the several boards of our own Church, and of the Committee recently appointed to benefit the freedmen, are of the first importance, and they are increasing in magnitude every year; and with regard to some of them, 41 322 FORM OF GOVERNMENT. owing to the extraordinary condition of our country, particularly in the Southern States, there is an urgent call for the most liberal contributions. Our nation has been appropriating the public treasure by hundreds of millions for the suppression of the rebellion, and our citizens have volun- tarily contributed with remarkable liberality for the relief and comfort of our suffering soldiers, refugees and freedmen. Let our churches con- tribute with corresponding liberality to promote their spiritual welfare. A special thank-offering is due to our Saviour God, the King of kings, and Lord of lords, in view of the signal deliverance over which we now rejoice. Finally, the Assembly would add to these several recommendations that there is a special demand on all loyal and Christian men, in the hopeful termination of our national calamities, to endeavor, by every appropriate means in their power, to bring together in friendly relations the discord- ant and conflicting elements of civil society. Let all become good Sa- maritans to heal the wounds which have been made by this fratricidal war, and to administer to the wants of the distressed and unfortunate. Even those who have been our avowed and bitter enemies, once defiant, but now conquered, are entitled to our sympathy and kindness. Act with regard to them, dear brethren, according to the spirit of those inspired words of the prophet Isaiah which were put on record for our instruction, with the assurance that the reward promised will also be yours: "Is not this the fast that I have chosen ? to loose the bands of wickedness, to undo the heavy burdens, and to let the oppressed go free, and that ye break every yoke ? Is it not to deal thy bread to the hungry, and that thou bring the poor that are cast out to thy house? when thou seest the naked, that thou cover him ; and that thou hide not thyself from thine own flesh ? Then shall thy light break forth as the morning, and thine health shall spring forth speedily ; and thy righteousness shall go before thee ; the glory of the Lord shall be thy reward. Then shalt thou call, and the Lord shall answer ; thou shalt cry, and he shall say, Here I am. If thou take away from the midst of thee the yoke, the putting forth of the finger, and speaking vanity ; and if thou draw out thy soul to the hungry, and satisfy the afflicted soul ; then shall thy light arise in ob- scurity, and thy darkness be as the noonday ; and the Lord shall guide thee continually, and satisfy thy soul in drought, and make fat thy bones : and thou shalt be like a watered garden, and like a spring of water whose waters fail not. And they that shall be of thee shall build the old waste places ; thou shalt raise up the foundations of many generations ; and thou shalt be called, The repairer of the breach, The restorer of paths to dwell in." Isa, lviii. 6-12. And now, dear brethren, may " the God of peace, that brought again from the dead our Lord Jesus, that great Shepherd of the sheep, through the blood of the everlasting covenant, make you perfect in every good work to do his will, working in you that which is well pleasing in his sight, through Jesus Christ, to whom be glory for ever and ever. Amen." —1865, pp. 600-603, O. S. On the Rebellion. — See Minutes, 1866, pp. 82-90, O. S. 15. Pastoral Letter on the Observance of the Sabbath. Dear Brethren: In the exercise of that spiritual oversight to which we are called as the highest court of our beloved Church, it has seemed good to us to address you in regard to the observance of "the Lord's day." We are especially moved to this duty now by sundry memorials, and overtures from different parts of the Church, which set forth the fact OF THE GENEKAL ASSEMBLY. 323 that this holy day is profaned in our land in a variety of ways and to an extent most alarming to God's people. And in these circumstances we make an appeal to you, not only to stir up your minds by way of remem- brance, but also to enlist your example and co-operation in every avail- able form, in resisting the encroachments of a wicked world upon the honor of Zion's King. Nothing is plainer than that "the Sabbath w r as made for man," and therefore that it is of universal and perpetual obligation. The Lord him- self "blessed" and "hallowed" it at the creation. Its requirements have a distinct place among the statutes of the Moral Law, which, being founded upon immutable principles and designed to express the permanent rela- tions between God and man, is applicable to all times and circumstances. The visions of prophecy looked forward to the dispensation of the fullness of the times when the "sons of the stranger" should not only "join them- selves to the Lord to serve him," but should "keep the Sabbath from pol- luting it and take hold of his covenant," and thus be "brought to his holy mountain and made joyful in his house of prayer." Isa. Ivi. 6, 7. But most of all do we find our sanction in the example of our blessed Lord and his disciples. His resurrection from the dead on the first day of the week — thenceforth the Christian Sabbath — was his entrance into rest after the creation of the "new heavens and new earth" was "finished." His subsequent appearances to his disciples on that day during the period pre- ceding his ascension, the fact of their meeting on that day also for preach- ing and prayer, the breaking of bread, collections for the saints and other acts of worship (Acts xx. 7 ; 1 Cor. xvi. 2), and the uniform habit of the early Christians under apostolic example and direction to the same effect, leave no room for doubt. Whilst in honor of the greater work of redemp- tion the observance was transferred from the last to the first day of the week, we still have the Sabbath itself, resting upon the same fundamental law, solemnly sanctioned by the exalted Head of the Church and de- manding in his name the same evangelical obedience due to all his will. From all these sources alike — divine example, divine law, prophecy and the gospel — the warrant and duty to honor God by the sanctification of :he Sabbath are clear and unmistakable. Experience and the fitness of things only confirm this view. The phys- ical nature of man and of inferior animals demands cessation from toil at least one-seventh portion of the time. The formation of right mental and moral habits, the proper training of families, the general welfare of soci- ety, the stability of government, the necessities of public worship and the interests of religion, all unite in requiring the maintenance of the Sabbath in its integrity both against the infidelity which questions its divine ap- pointment and the worldliness which dishonors and desecrates it. All history and experience unite to testify that only where the Lord's day is observed, and in full proportion to the sacredness attached to it, does the gospel of Christ accomplish its true mission in moulding public sentiment, in conserving sound morality and in saving the souls of men. And so it must ever be, for the reason that Jehovah himself has said, " Them that honor me I will honor, but those that despise me shall be lightly esteemed." Truth, virtue, morality and religion, including "all spiritual blessings in heavenly places in Christ," find one of their most sacred pledges in this holy institution, whilst they must ever fail if it be neglected and polluted. In view of these things, the Assembly looks with the deepest concern upon the tendencies of these times toward relaxation in sentiment and practice upon this subject. Whilst it may not be possible for this or any 324 FORM OF GOVERNMENT. other body to discriminate accurately in all cases between acts of necessity and mercy and those which are sinful in themselves or by reason of cir- cumstances, there are principles and rules of the clearest application to this subject which cannot be too faithfully repeated, and there are preva- lent violations of the law of the Sabbath which call for the most earnest warnings. It is a matter for painful regret that a pernicious example is still steadily set before the nation by one department of the government and occasionally by others. Although the excitements of the war have for the most part subsided, their effects still linger in society in the care* lessness of some and the recklessness of others concerning sacred time. In certain parts of the country business is, to some extent, prosecuted on the Sabbath. Travel is only partially suspended in compliance with its claims. Multitudes, especially in our cities and larger towns, give them- selves without restraint to pleasure during its holy hours. Saloons and places of amusement are fearful rivals to the Lord's sanctuaries. Secular newspapers— some of which, alas! are issued on the Sabbath — and books without religious bearing and spirit, too often thrust out, even on God's day, his holy word and other reading inculcating its truths. Faithful Sabbath instruction in the home circle has to a large extent become a memory of past generations, having yielded its place either' to other instru- mentalities or total neglect. Even the supplies of bread and milk in cities and towns have taken a form which, to say the least, often, beyond any plea of necessity, involves trespass upon the day of rest. "Sunday trains" are run by many railroad companies, thereby holding employees to un- warranted service and offering temptation to business or pleasure travel- ing which otherwise would not have been undertaken. Lines of street-cars also, now so generally established in our cities, whilst furnishing great ac- commodations through the secular week, are to a lamentable extent em- ployed in the interest of pleasure excursions and unnecessary travel, some- times even by professing Christians, to the great detriment of morality and religion, whilst also their noise often disturbs beyond endurance the quiet of families and the worship of congregations before whose doors they pass. In such and other kindred ways are the Lord's name and honor profaned ; and the profanation appears just where a divine and holy jeal- ousy guards that proportion of our time which the Most High has reserved for himself, and also guards "the gates of Zion," which he " loves more than all the dwellings of Jacob." Its damage to every spiritual interest who can tell? With such views, brethren, of our highest obligations on the one hand, and of peril to the cause of our divine Master on the other, we appeal to your consciences and hearts. We address not so much the unbelieving world as you who profess hearty subjection to the law of God and the gos- pel of Christ. We are profoundly convinced that the professing Chris- tians of this land, both ministers and people, have it in their power, through the blessing of God upon their fidelity, to rescue from dishonor that holy day which, standing in the very front of the institutions of our religion, prominently represents our dearest spiritual rights and blessings. The great battles of the Church with skepticism and sin alike must be largely fought on this issue. This breastwork must at all hazards be maintained against the subtle and combined enemies of God and man. In the very way of divine appointment must this sacred ordinance be kept and used for the divine honor, for the purity of the Church and for all the precious in- terests of truth and righteousness in the earth. For present sanctification and future glory we must thus maintain our communion with God, and so OF THE GENERAL ASSEMBLY. 325 "enter into his rest," whilst we "cense from our own works as God did from his." We must remember the Sabbath day to keep it holy. We counsel you to cast your undivided influence on the side of the Lord's day. Cultivate, we beseech you, in yourselves, in your families and in all over whom your influence extends, just and scriptural views of its sacredness. Let your example, not in the spirit of Jewish bondage, but of Christian liberty and love, illustrate and adorn it. In your cha- racter as citizens, in harmony with the largest freedom of our institutions, do not fail to promote and sustain the time-honored and wholesome statutes which have been enacted to preserve this essential part of that " general, tolerant Christianity, without sect or party," which belongs to the funda- mental law of the land. In every way calculated to honor our exalted Redeemer, through the sacred day which is at once the testimony of his resurrection and the pledge of " his inheritance in the saints," and in every way also likely to win the world to honor it for his sake, let your con- sciences be pure in the sight of God, and let your faithfulness appear unto all men. Do not forget that " the Son of man is Lord also of the Sab- bath day." In conclusion, we respectfully recommend that all our pastors and stated supplies, as soon, and also as often, as may be convenient, preach upon the observance of the Christian Sabbath, instructing the people carefully from God's word in regard to its origin, meaning, obligation, privileges and pur- pose, the true spirit and manner in which it is to be kept, and all those duties, personal and relative, which grow out of it or are connected with it. "Grace be with you all. Amen."— 1867, p. 385-387, O. S. VI. Before any overtures or regulations proposed by the Assembly to be established as constitutional rules shall be obligatory on the churches, it shall be necessary to transmit them to all the Presbyter- ies, and to receive the returns of at least a majority of them, in writing, approving thereof. [The phrase "standing rules" as found in the Constitution of 1788, was changed, as above, to " constitutional rules" by vote of the Presbyteries, in 1805.— p. 332.] 1. Power of the Assembly to make Standing- Rules. [The Presbytery of New York laid before the Assembly the following paper, viz. :] The Presbytery took into consideration the regulations adopted by the General Assembly at their last meeting, intended to embrace and extend the existing rules respecting the reception of foreign ministers and licen- tiates, whereupon the Presbytery were of opinion that if the General Assembly designed these regulations as a standing rule, supposing that, having passed through their body, they became obligatory upon the subor- dinate judicatories, and oucrht to be carried into immediate effect, they therein violated the sixth section of the eleventh chapter of our Constitu- tion, which says, " Before any overtures or regulations," etc. — 1799, p. 172. [To this paper the Assembly replied :] 1. That the first .reason assigned by the Presbytery of New York for their request is founded on a misinterpretation of an ambiguous expres- sion in the Constitution. The sixth section of the eleventh chapter is thus expressed: "Before any overtures or regulations proposed by the Assembly to be established as standing rules shall be obligatory or the 326 FORM OF GOVERNMENT. churches, it shall be necessary to transmit them to all the Presbyteries and to receive the returns of at least a majority of the Presbyteries in writing approving thereof." Standing rules in this section can refer only to one of the following objects : 1st. To articles of the Constitution which, when once established, are unalterable by the General Assembly ; or 2d. To every rule or law enacted without any term of limitation expressed in the act. The latter meaning would draw after it consequences so extensive and injurious as forbid the Assembly to give the section that interpreta- tion. It would reduce this Assembly to a mere committee to prepare business upon which the Presbyteries might act. It would undo, with few exceptions, all the rules that have been established by this Assembly since its first institution, and would prevent it for ever from establishing any rule not limited by the terms of the act itself. Besides, standing rules, in the evident sense of the Constitution, cannot be predicated of any acts made by the Assembly and repealable by it, because they are limited in their very nature to the duration of a year, if it please the Assembly to exert the power inherent in it at all times to alter or annul them, and they continue to be rules only by the Assembly's not using its power of repeal. The law in question is no otherwise a standing ride than all other laws repealable by this Assembly. — 1799, p. 179. 2. Amendments of the Constitution. — General Principles. a. Resolved, That the Rev. Drs. Blair, Tennant and Green, the Rev- Messrs. Irwin, Miledoler, Potts, Linn and Janeway, be a Committee to take into consideration the expediency of publishing a new edition of the Confession of Faith, etc., of this Church ; to consider whether any, and, if any, what, alterations ought to be made in the said Confession of Faith, etc. ; to make such preparatory arrangements on this subject as they shall judge proper, and report to the next Assembly. — 1803, p. 282. b. The Assembly resumed the consideration of the report of the Com- mittee on Constitution, and having gone through the same by paragraphs, and made several amendments, adopted it as follows : After a very serious attention to the subject committed to them, your Committee have resolved to propose no alteration whatever in the Confes- sion of Faith and Catechisms of our Church, and are clearly of opinion that none ought to be attempted. The creed of every Church, as it ought to be derived immediately and wholly from the word of God, must be considered as standing on ground considerably different from that which supports the system of forms and regulations by which worship shall be conducted and government admin- istered, and if it be once rightly settled can never be altered with pro- priety by any change of time or external circumstances of the Church. Circumstances indeed may render it proper, in deducing a summary of faith from the Scripture, to dwell more largely and particularly on some points at one time than would be necessary at another, and every atten- tive and intelligent reader of our standards will probably remark that the state of the Church when our Confession and Catechisms were formed was. in fact, the cause that its pious and learned authors expressed their senti- ments on certain topics, especially such as relate to the controversies between Protestants and papists, more largely than would be necessary if the whole were to be formed anew. But still, as those sentiments are, we conceive, just in themselves, and as the particular delineation of them can do no harm, and will sometimes prove a guide both to the clergy and laity of our community, we cannot wish to see any retrenchment made. It VF THE GENERAL ASSEMBLY. 327 would give alarm to many of our people, who might suspect that this was Out the introduction to innovations of more importance. And your Com- mittee will take the liberty to remark that it is by no means to be consid- ered as a vulgar or unfounded prejudice when alarm is excited by altera- tions and innovations in the creed of a Church. There are many reasons of the most weighty kind that will dispose every man of sound judgment and accurate observation to regard a spirit of change in this particular as an evil pregnant with a host of mischiefs. It leads the infidel to say, and with apparent plausibility, that there can be no truth clearly revealed in Scripture, because not only its friends of various sects, but of the same sect, pretend to see truths in it at one time which at another they discover and declare to be falsehood. It hurts the minds of weak believers by suggesting to them the same thought. It destroys the confidence of the people generally in those who maintain a system which is liable to constant fluctuations. It violates settled and useful habits. It encourages those who are influenced by the vanity of attempting to improve what wise men have executed, or by mere love of novelty, to give constant disturbance to the Church by their crude proposals of amendment. And it is actually found to open the door to lasting uneasiness, constant altei^cation, and finally to the adoption of errors a thousand fold more dangerous and hurtful than any that shall have been corrected. In a word, what was true when our Confession and Catechism were formed is now true. We believe that this truth has been most admirably and accurately drawn into view in these excellent performances. They have become venerable from their age. Our Church has flourished under their influence, and we can see no reason to alter them. If there are a few things (and few they must be, and of less importance, if they exist at all) which it might be shown could be expressed more correctly, and in a manner less liable to objection, it is not proper, with a view to obtain this, to expose ourselves to the great inconve- niences and injuries that have been specified. Leaving, then, the Confession of Faith and Catechisms of our Church untouched, your Committee took into consideration the Form of Govern- ment, Directory for Worship and Forms of Process. These, as has already been hinted, were considered as standing on other ground than our creeds. The word of God in regard to these is much less specific and particular than on articles of faith. Many things in this part of a church organiza- tion are, and must be, left to Christian prudence, and modified by the pecu- liar circumstances of religious societies, guided by the general lights which the Scripture holds forth. Here churches in one country may, and per- haps ought to, differ from those of another. We have already differed very considerably from the Church of Scotland, from which we derive our origin ; and as it is difficult, perhaps impossible, for any man or body of men to anticipate all the circumstances or cases which may turn up in practice under a general rule or law, which is framed to provide for them, experience will point out some errors and many deficiencies, and thus may suggest many real amendments — amendments, too, not liable to the most material objections that have been stated in the former case. On this part of our ecclesiastical polity, then, the work in some measure of our own hands, the Committee have ventured to propose a considerable number of amendments, remarking, however, and begging that the remark may be particularly regarded, that the alterations proposed are of such a nature that if the whole of them should be adopted they would not alter, but only explain, render more practicable and bring nearer to perfection the general system which has already gone into use. — 1804, p. 302. [The following is inserted as showing, in the opinion of th« eminent 328 FORM OF GOVERNMENT. men who made the report, in what way the Doctrinal Standards may be amended. In 1843, Rev. Drs. Hoge, Hodge, Spring, Leland and N. S. Rice were appointed a Committee to consider the propriety of amending the Confession of Faith on the marriage question ; inter alia they say:] The Committee to whom was referred the overture to strike out the last sentence of chap, xxiv., sec. iv., of the Confession of Faith, beg leave to submit, in the first place, the following views respecting the question whether there is any mode prescribed of amending or altering the Confes- sion of Faith, as a preliminary inquiry. The Form of Government, chap, xii., sec. vi., gives power to the General Assembly to propose overtures which, if approved by a majority of the Presbyteries, shall have the force of Constitutional Rules. This pro- vision, it is thought, does not apply to altering or amending the Confession of Faith, 1st. Because it relates to the powers of the General Assembly, and is plainly designed to limit those powers in respect of legislation. 2d. The use of the terms "Overtures or Regulations" defines with sufficient clearness the meaning of the expression "Constitutional Rules," and limits its application to rules if government and discipline, but excludes altera- tions of the doctrine and fundamental principles of the Church. 3d. Un- less the language used necessarily and certainly embraces alterations of the latter kind, it would be unwise to resort to a forced construction, and thus jeopard the stability of the great principles of faith and order em- braced in our standards. On the other hand, it is contended that there is and ought to be no method of altering our doctrinal formularies, and in support of this opin- ion it is said that, while prudential rules may be changed with circum- stances, the doctrines of religion remain ever the same. But to this it is a sufficient answer that although the Bible and the truth which it contains a^e unchangeable, yet human compositions, such as our Confession of Faith undoubtedly is, are not infallible, but may err, and when any such error in the expression of truth is discovered, it ought to be corrected in an orderly manner. This was certainly the opinion of the Synod of New York and Philadelphia when they adopted the Constitution of the Church. That Synod, in the adopting act, inserted a provision which allows that " two-thirds of the Presbyteries may propose alterations or amendments which shall be valid if subsequently enacted by the General Assembly." So far only as this embraces Constitutional Rules, this provision has been changed, but in every other respect remains in full force. It is insufficient to allege that it has been forgotten and become obsolete, for it has always been on the records, and was published in the Digest in 1820, and it would be exceedingly unsafe to allow organic enactments thus to be overlooked and lost. It is conceived, therefore, that this method of proceeding is constitu- tional and is still in force, and should also be strictly observed. Likewise, this resolution of the Synod should be prefixed to all future editions of the Confession of Faith.— 1844, p. 422, O. S. 3. Amendments Approved by the Presbyteries not Adopted. That on examining the proposed amendments of the Constitution sent down to the Presbyteries by the last General Assembly, as they stand on the printed minutes, page 3*7, it appears that the whole of them, from Nos. I to 6 inclusive, were framed with such reference to each other and to their common object as that they ought to have been either adopted or rejected altogether; and further, that the Presbyteries by rejecting the sixth have OF THE GENERAL ASSEMBLY. 329 n effect defeated the very end which they must have intended to secure b) the adoption of the rest, and have otherwise involved the whole subject in difficulties which, from the peculiar nature of the case, it is but fair and reasonable to suppose they could not have distinctly designed or fore- seen. In this state of things your Committee beg leave to submit the fol- lowing resolution as in their judgment proper to be adopted by the Gen- eral Assembly, viz. : Whereas, The Presbyteries have failed to report their decisions upon the subject of the proposed amendments Nos. 1, 2, 3, 4, 5, 6, as recorded in page 37 of the printed minutes of the Assembly of last year, in the full and distinct manner contemplated in the overture submitted by that As- sembly, the General Assembly do not deem it desirable to renew the said overture at the present time ; therefore, Resolved, That the consideration of the said proposed amendments be and the same is hereby indefinitely postponed. — 1827, p. 218. 4. Where all the Presbyteries do not Respond, the Votes given are to be Filed as the Answer of the Voting Presbyteries, unless Reversed by them. a. Resolved, That the Presbyteries which have not sent up their decis- ions on this subject (a proposed amendment of the Constitution) be re 1 quired to send them to the next Assembly, and that the stated clerk file the decisions reported to this Assembly, to be considered by the next As- sembly as the decisions of these Presbyteries respectively, unless they choose to send up a different decision. — 1834, p. 429. b. The stated clerk reported that fifty-seven Presbyteries had reported to this Assembly affirmative, and twenty-three negative, answers to the Overtures on the Limitation of Judicial Cases. Also, that twenty-eight Presbyteries, who have made no report to this Assembly, reported affirma- tive answers to the Assembly of 1871 ; that the whole number thus reply- ing affirmatively is eighty-five, one more than a majority of the whole number (one hundred and sixty-seven). A discussion arose on the propriety of counting those Presbyteries who sent their replies only to the Assembly of 1871. The whole matter was then referred to a Special Committee, consisting of Rev. Henry V. D. Nevius, George W. Musgrave, D. D., LL. D., and George Junkin, Esq. — 1872, p. 80. The Special Committee on the Answers to the Overtures, Limiting Ap- peals, sent down to the Presbyteries in 1870, and again, for want of full action, in 1871, reported that, in their opinion, it was competent for the Assembly to count the affirmative vote of both years, such vote securing the adoption of all the overtures, and their incorporation into the funda- mental law of the Church, by the required majority of all the Presby- teries. The following substitute for the report of the Committee was adopted : Resolved, That overtures Nos. 2, 3 and 4, of the Assembly of 1870, be again sent to the Presbyteries, irrespective of previous action. — 1872, p. 92. [The overture was rejected; ayes 69, nays 43, not answering 62. — 1873, p. 526.] 42 330 FORM OF GOVERNMENT. 5. Of the •way in which the Answers of the Presbyteries are to be Attested, and when the Question shall be held to be Deter- mined. Overture No. 27, being a paper submitted by the stated clerk, asking instructions respecting the proper form of reports from Presbyteries enti- tled to be received by him in answer to overtures sent down from the Gen- eral Assembly. The Committee recommend, 1. That the Assembly enjoin upon all the Presbyteries, in sending up responses to overtures, to have them duly signed by the moderator and clerk, or at least one of them, in order that the full spirit of the Constitution, chap, xii., sec. vi., may be complied with. 2. That in the case of Presbyteries in foreign lands the stated clerk shall receive their answers to overtures, and place them on file, and report them to the General Assembly at the earliest opportunity ; and the answers from Presbyteries shall not be deemed as determining the question sub- mitted to them until reasonable time shall have elapsed to hear from all the Presbyteries, or until it is clear that answers which may have been made, but not received, would not affect its final determination. The report was adopted. — 1867, p. 358, O. S. VII. The General Assembly shall meet at least once in every year. On the day appointed for that purpose, the moderator of the last As- sembly, if present, or, in case of his absence, some other minister, shall open the meeting with a sermon, and preside until a new mod- erator be chosen. No commissioner shall have a right to deliberate or vote in the Assembly until his name shall have been enrolled by the clerk, and his commission examined and filed among the papers of the Assembly. 1. Adjourned Meetings of the Assembly. [In 1846, the Assembly, N. S., then meeting triennially, was adjourned by the moderator, in accordance with a previous vote, to meet in the city of Cincinnati, Ohio, on the third Thursday of May, 1847. On the consti- tutionality of such adjournment the opinion of Chancellor Kent, of New York, was sought, and given as follows :] The question is, Had the General Assembly, under the Constitution of the Presbyterian Church, a lawful or rightful pow T er to so adjourn? ANSWER. In my opinion, the power of adjournment rests in the sound discretion of the General Assembly. I consider the power to be necessarily incident to every deliberative assembly, unless specially prohibited by its charter or constitution. It appertains, of course, to all legislative assemblies, and is occasionally exercised. This is the case with the English Parlia- ment, and with the legislative assemblies in the United States. The Constitution of the United States says that Congress shall assemble at least once in every year, and on the first Monday in December. The only inhibition in the Constitution is that neither House shall adjourn without the consent of the other for more than three days, nor to any other place. The Constitution is silent as to any other adjournment, and yet no question has ever been raised as to the power of Congress or both Houses concurrently to adjourn the session to a future time. OF THE GENERAL ASSEMBLY. 331 8 , in the Constitution of New York, the legislative term begins on the first of January, and the Legislature are to assemble every year on the first Monday in January, and neither House without the consent of the other can adjourn for more than two days. No doubt is raised as to the competency of the two Houses jointly to adjourn, in their discretion, to any future or distant day. And though the Legislature are to meet as prescribed, and are, as to the Assembly, elected annually, it is now in con- templation at the present session to adjourn over to the month of Sep- tember. The Constitution of the Presbyterian Church leaves silently the same power of adjournment, precisely on the same footing of discretion. Thus the General Assembly are to meet at least triennially or once in every third year. And the last moderator, with the concurrence of the stated and permanent clerks, may call a -pro re nata meeting of the General As- sembly, in case of any emergency, on four months' notice.* And the Assembly is to be considered as the same with the previous one. The adjournment preserves the identity of the Assembly. I have no doubt that upon a sound construction of the Constitution the General As- sembly has the same analogous power as all other political legislative bod- ies to which I have alluded. If any greater restriction had been intended, it would have been expressed. The language quoted implies as of course the power of adjournment. It is a wise and necessary power to guard against calamities and overruling necessities, such as a desolating sickness, or conflagration, or insurrection, etc. It may be safely confided to such a representation, if anything may. Even in ordinary civil corporations, where powers are granted very guardedly and construed strictly, it is adjudged that a corporation may transact any business at an adjourned meeting which they might have transacted at an original meeting (11 Vt. Reports, 385). For these reasons briefly I conclude that the power of adjournment by the General Assembly the last year to Cincinnati was constitutional. JAMES KENT. New York, April 19, 1847. —1847, p. 147, N. S. 2. The Adjourned Meeting of 1869. The two Assemblies of 1869, meeting in New York, mutually agreed — a. That the said General Assemblies now sitting shall, after finishing their business, adjourn, to meet in the city of Pittsburg, Pennsylvania, on the second Wednesday of November, 1869, at 11 o'clock a.m. — O. S., p. 915; N. S., p. 277. b. It was ordered that when the Assembly adjourns this afternoon it be to meet in the First Church of Pittsburg, on Wednesday, the 10th day of November next, at 11 o'clock a. m. — 1869, p. 949, O. S. In accordance with previous action, the Assembly, with prayer and the apostolic benediction by the moderator, adjourned to meet at the Third Presbyterian Church, in the city of Pittsburg, Pa., on the second Wednes- day of November, A. D. 1869, at 11 o'clock a.m.— 1869, p. 304, N. S. 3. "Who may sit as Commissioners in an Adjourned Assembly. a. The Committee (Hon. Daniel Haines and Hon. Joseph Allison, LL. D.) on Instructing the Presbyteries concerning their representation [* It was so provided in the plan under which triennial Assemblies were held — 1839, p. 27, N. S.] 332 FORM OF GOVERNMENT. at the adjourned meeting of this Assembly presented a report, which was adopted, and is as follows : Whereas, It has been questioned whether this Assembly at the pro- posed adjourned meeting, in November next, at Pittsburg, Pa., can be properly constituted of the principal or alternate commissioners not in attendance on the sessions of the body at this time ; therefore, Resolved, In the judgment of the Assembly those commissioners only who have presented their commissions, and whose names have been placed on the roll, will be entitled to participate in the meeting of the Assembly in November, except in case of a vacancy occasioned by death, resignation, refusal or inability of any such commissioner to attend, in which event it will be competent and proper for the Presbytery to supply the vacancy by a new election or appointment. — 1869, p. 290, N. S. b. W. E. Schenck, D. J)., permanent clerk, from the Committee on Com- missions, reported that several gentlemen were present with commissions as alternates, the principals being absent. On motion of G. W. Mus- grave, D. D., it was Resolved, That all alternates presenting regular commissions be en- rolled, the principals being absent. Mr. Henry Day was requested to communicate this action to the Assembly of the other branch, now sitting in the Third Presbyterian Church in this city, which he did. The alternates present were enrolled as follows : W. A. Scott, D. D., from the Presbytery of New York ; Rev. Joseph A. Hanna, from the Presbytery of Oregon ; Rev. A. B. Cross, from the Presbytery of Balti- more ; Ruling Elder Win. Carpenter, from the Presbytery of Newton. — 1869, p. 1143, O. S. 4. The Assembly Excluded Commissioners from Sitting Pending Investigation— See 1866, p. 12, O. S. VIII. Each session of the Assembly shall be opened and closed with prayer. And the whole business of the Assembly being finished, and the vote taken for dissolving the present Assembly, the moderator shall say from the chair — "By virtue of the authority delegated to me by the Church, let this General Assembly be dissolved, and I do hereby dissolve it, and require another General Assembly, chosen in the same manner, to meet at on the day of A. D. " — after which he shall pray and return thanks, and pro- nounce, on those present, the apostolic benediction. Specimen of the Minute of Dissolution. The minutes of this session were read and approved. After the offering of solemn praise and thanksgiving, the business of the Assembly having been completed, and the vote taken for the dissolu- tion of the Assembly, the moderator, with prayer and the apostolic bene- diction, declared the Assembly dissolved, and required another Assembly, chosen in the same manner, to meet at the Central Presbyterian Church in the city of Baltimore, Maryland, on the third Thursday of May, A. D. 1873.— 1872, p. 96. OF THE GENERAL ASSEMBLY. 33? The Charter of the Trustees of the Assembly. a. An Act for incorporating the Trustees of the Ministers and Elders constituting the Gen- eral Assembly of the Presbyterian Church in the United States of America. Whereas, The ministers and elders forming the General Assembly of the Presbyte- rian Church of the United States of America, consisting of citizens of the State of Pennsylvania and of others of the United States aforesaid, have by their petition rep- resented that by donations, bequests or otherwise of charitably-disposed persons, they are possessed of moneys for benevolent and pious purposes, and the said ministers and elders have reason to expect further contributions for similar uses; but from the scat- tered situation of the said ministers and elders and other causes, the said ministers and elders find it extremely difficult to manage the said funds in the way best calculated to answer the intention of tbe donors ; therefore, Sec. 1. Be it enacted by the Senate and House of Representatives of the Common- wealth of Pennsylvania, in General Assembly met, and it is hereby enacted by tbe authority of the same, that John Rodgers, Alexander McWhorter, Samuel Stanhope Smith, Ashbel Green, William M. Tennent, Patrick Allison, Nathan Irvin, Joseph Clark, Andrew Hunter, Jared Ingersoll, Robert Ralston, Jonathan R. Smith, Andrew Bayard, Elias Boudinot, John Nelson, Ebenezer Hazard, David Jackson and Robert Smith, merchant, and their successors duly elected and appointed in manner as in hereafter directed, be, and they are hereby made, declared and constituted, a corpora- tion and body politic and corporate, in law and in fact, to have continuance for ever, by the name, style and title of " Trustees of the General Assembly of tbe Presbyterian Church in the United States of America ;" and by the name, style and title aforesaid shall for ever hereafter be persons able and capable in law as well to take, receive and hold all and all manner of lands, tenements, rents, annuities, franchises and other he- reditaments, which at any time or times heretofore have been granted, bargained, sold, enfeoffed, released, devised or otherwise conveyed, to the said ministers and elders of the General Assembly of the Presbyterian Church of the United States, or any other person or persons, to their use, or in trust for tbem; and the same lands, tenements, rents, annuities, liberties, franchises and other hereditaments are hereby vested and established in the said corporation and their successors for ever, according to the original use and intent for which such devises, gifts and grants were respectively made; and the said corporation and their successors are hereby declared to be seized and possessed of such estate and estates therein as in and by the respective grants, bargains, sales, enfeoffments, releases, devises and other conveyances thereof is or are declared limited and expressed ; also, that the said corporatitm and their successors, at all times hereafter, shall be capable and able to purchase, have, receive, take, hold and enjoy in fee simple, or of lesser estate or estates, any lands, tenements, rents, an- nuities, franchises and other hereditaments, by the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or devise, of any person or persons, bodies politic and corporate, capable and able to make the same. And further, that the said minis- ters and elders, under the corporate name aforesaid, and their successors, may take and receive any sum or sums of money and any portion of goods and chattels that have been given to the said ministers and elders, or tbat hereafter shall be given, sold, leased or bequeathed to the said corporation by any person or persons, bodies politic or corpo- rate, tbat is able or capable to make a gift, sale, bequest or other disposal of the same ; such money, goods or chattels to be laid out and disposed of for the use and benefit of the aforesaid corporation, agreeably to the intention of tbe donors, and according to tbe objects, articles and conditions of this Act. Sec. 2. And be it further enacted by the authority aforesaid, That no misnomer of the said corporation and their successors sball defeat or annul any gift, grant, devise or bequest to or from the said corporation, provided the intent of the party or parties sball sufficiently appear upon tbe face of the gift, will, grant or other writing whereby any estate or interest was intended to pass to or from tbe said corporation. Sec. 3. And be it further enacted by the authority aforesaid, That the said corpora- tion and their successors shall have full power and authority to make, have and use one common seal, with such devise and inscription as they sball think fit and proper, and the same to break, alter and renew at their pleasure. Sec. 4. And be it further enacted by the authority aforesaid, That the said corpora- tion and their successors, by the name, style and title aforesaid, shall be able and ca- pable ia law to sue and be sued, plead and be impleaded, in any court, or before any judge or justice, in all and all manner of suits, complaints, pleas, matters and demands, of whatsoever nature, kind and form they may be, and all and every matter and thing to do in as full and effectual a manner as any other person, bodies politic or coi porate, within this Commonwealth, may or can do. 334 FOEM OF GOVEENMENT. _ Sec. 5. And be it further enacted by the authority aforesaid, That the said corpora- tion and their successors shall be and hereby are authorized and empowered to make, ordain and establish by-laws and ordinances, and do everything incident and needful for the support and due government of the said corporation, and managing the funds and revenues thereof; Provided, the said by-laws be not repugnant to the constitution and laws of the United States, to the constitution and laws of this Commonwealth, or to this Act. Sec. 6. And be it further enacted by the authority aforesaid, That the said corpora- tion shall not at any time consist of more than eighteen persons, whereof the said Gen- eral Assembly may at their discretion, as often as they shall hold their sessions in the State of Pennsylvania, change one-third in such manner as to the said General As- sembly shall seem proper. And the corporation aforesaid shall have power and au- thority to manage and dispose of all moneys, goods, chattels, lands, tenements and hereditaments, and other estate whatsoever, committed to their care and trust by the said General Assembly ; but in cases where special instructions for the management and disposal thereof shall be given by the said General Assembly in writing, under the hand of their clerk, it shall be the duty of the said corporation to act according to such instructions; Provided, the said instructions shall not be repugnant to the con- stitution and laws of the United States, or to the constitution and laws of this Com- monwealth, or to the provisions and restrictions in this Act contained. Sec. 7. And be it further enacted by the authority aforesaid, That six members of this corporation, whereof the president, or, in his absence, the vice-president, to be one, shall be a sufficient number to transact the business thereof, and to make by-laws, rules and regulations; Provided, that previous to any meeting of the Board or corpo- ration for such purposes not appointed by adjournment, ten days' notice shall be pre- viously given thereof in at least one of the newspapers printed in the city of Phila- delphia. And the said corporation shall and may, as often as they shall see proper, and according to the rules by them to be prescribed, choose out of their number a president and vice-president, and shall have authority to appoint a treasurer and such other officers and servants as shall by them, the said corporation, be deemed neces- sary ; to which officers the said corporation may assign such a compensation for their services, and such duties to be performed by them, to continue in office for such time, and to be succeeded by others in such way and manner, as the said corporation shall direct. Sec. 8. And be it further enacted by the authority aforesaid, That all questions be- fore the said corporation shall be decided by a plurality of votes, whereof each mem- ber present shall have one, except the president, or vice-president when acting as president, who shall have only the casting voice and vote in case of an inequality in the votes of the other members. Sec. 9. And be it further enacted by the authority aforesaid, That the said corpora- tion shall keep regular and fair entries of their proceedings and a just account of their receipts and disbursements in a book or books to be provided for that purpose, and their treasurer shall once in a year exhibit to the General Assembly of the Presbyte- rian Church in the United States of America an exact state of the accounts of the corporation. Sec. 10. And be it further enacted by the authority aforesaid, That the said corpo- ration may take, receive, purchase, possess and enjoy messuages, houses, lands, tene- ments, rents, annuities and other hereditaments, real and personal estate of any amount not exceeding ten thousand dollars a year value, but the said limitations not to be considered as including the annual collections and voluntary contributions made in the churches under the care of the said General Assembly. CADWALADER EVANS, JR., Speaker of the House of Representatives. ROBERT HARE, Speaker of the Senate. Approved March 28, 1799. THOMAS MIFFLIN, Governor of the Commonwealth of Pennsylvania. —1799, pp. 173-175. b. The Charter Accepted. The Committee appointed by the General Assembly of the Presbyterian Church to endeavor to obtain from the Legislature of the State of Penn- sylvania an act of incorporation authorizing certain trustees to hold the prop- erty of the Assembly, etc., report that on application to the Legislature they obtained the act of 'incorporation for which they were directed to apply, a OF THE GENERAL ASSEMBLY. 335 copy of which accompanies this report, corresponding exactly with tht draught which was last year submitted to the Assembly, excepting only the sum which the trustees are authorized to hold is somewhat smaller than was inserted in that draught. The above report, and act of incorporation accompanying it, were read and approved.— 1799, p. 173. c. Mode of Electing the Trustees. Resolved, That it is expedient to adopt and recommend the following system : 1. That when this subject is called up annually a vote shall first be taken whether for the current year the Assembly will or will not make any election of members in the Board of Trustees. 2. If an election be determined on, the day on which it shall take place shall be specified, and shall not be within less than two days of the time at which such election shall be decided on. 3. When the day of election arrives, the Assembly shall ascertain what vacancies in the number of the eighteen trustees incorporated have taken place, by death or otherwise, and shall first proceed to choose other mem- bers in their places. When this is accomplished, they shall proceed to the trial whether they will elect any, and if any, how many of the third of the number of the trustees which by law they are permitted to change, in the following manner, viz. : The list of the trustees shall be taken, and a vote be had for a person to fill the place of him who is first on the list. In voting for a person to fill said place, the vote may be given either for the person who has before filled it or for any other person. If the majority of votes shall be given for the person who has before filled it, lie shall con- tinue in office. If the majority of votes shall be given for another person, this person is a trustee duly chosen in place of the former. In the same form the Assembly shall proceed with the list till they have either changed one-third of the trustees (always including in the third those who have been elected by the sitting Assembly to supply the places become vacant by death or otherwise), or by going through the list shall determine that no further- alteration shall be made. — 1801, p. 217. d. Rules for Intercourse between the Trustees and the Assembly. The Committee appointed to meet a Committee of the Board of Trus- tees of the Assembly to digest and prepare a regular and stated mode of intercourse between the Assembly and the trustees made a report, which was read and approved, as follows, viz. : That the management and disposal of all moneys, goods, chattels, lands, tenements, hereditaments, and all other estate whatever, committed to their care and trust by the General Assembly, is invested in the said trustees, unless where special instructions for the management and disposal thereof shall be given by the General Assembly in writing, under the hand of its clerk, in which case the corporation is to act according to said instructions. That an exact state of the accounts of the trustees is to be exhibited by their treasurer to the General Assembly once in every year ; whereupon it is recommended, 1. That this state of the accounts be laid before the General Assembly as early in their session as possible, in order that the General Assembly may know what appropriations it may be in their pow T er to make, or what instructions to give to their trustees respecting the moneys in hand. 2. That when any appropriations are made by the General Assembly a 336 FORM OF GOVERNMENT. copy of their minute for that purpose, signed by the clerk, shall be trans- mitted to the trustees, and shall be their warrant for the payment of all moneys thus appropriated. 3. That when any measures are taken or any resolutions adopted by the General Assembly, or the Board of Trustees, which it concerns the other to be acquainted with, due information of the same shall be given as soon as possible to the other. — 1801, p. 232. See also Baird's Collection, Rev. Ed., pp. 484-502. e. Adjustment on the Reunion. A Committee, consisting of Rev. C. C. Beatty, D. D., V. D. Reed, D. D., Hon. Wm. Strong, and Messrs. H. N. McAllister and George Junkin, were appointed to consider and report what changes, if any, are necessary to be made in the Board of Trustees of the General Assembly of the Presbyte- rian Church in the United States of America, in order that there may be an equitable distribution of said trustees in accordance with the present state of the reunited Church, and to report to this Assembly. — 1870, p. 53. The Committee appointed to consider and report on the changes in the Board of Trustees of the General Assembly presented the following report, which was adopted : Of the eighteen members of the Board of Trustees, one was appointed before 1837, and all the others since that time by the " Old School" Assemblies at different periods. It seemed to the Commit- tee eminently proper that at this Assembly a change should be made so that what was formerly known as the " New School" branch of the Church should be represented in the Board. Hereafter no such distinctions need be made. Under the charter the Assembly has the power at its discretion, as often as it shall hold its sessions in the State of Pennsylvania, to change one- third of the trustees, in such manner as it shall seem proper. In the exer- cise of this discretion it is a difficult task for the Committee to recommend action in the premises. In view, moreover, of all the circumstances, it seemed best to suggest the removal of six of the trustees who were only elected at the meeting of the Assembly at Pittsburg in November last. The regret of the Committee is that thereby we lose the services of six gentlemen of the highest character. But this course appeared least open to objection. Your Committee, therefore, recommend the adoption of the following resolution : Resolved, That from and after this date Rev. David A. Cunningham, Hon. John K. Findlay, Archibald Mclntyre, James T. Young, Robert Cornelius and H. Lenox Hodge, M. D., cease to be trustees, and in their place Hon. William Strong, Hon. Joseph Allison, Alexander Whildin, Rev. Herrick Johnson, D. D., William G. Crowell and John C. Farr are appointed trustees of the corporation, entitled " The Trustees of the Gene- ral Assembly of the Presbyterian Church in the United States of Amer- ica."— 1870, p. 98. OF ELECTING AND ORDAINING ELDERS AND DEACONS. 337 CHAPTER XIII. OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. I. Having defined the officers of the church, and the judicatories by which it shall be governed, it is proper here to prescribe the mode in which ecclesiastical rulers should be ordained to their respective offices, as well as some of the principles by which they shall be regu- lated in discharging their several duties. II. Every congregation shall elect persons to the office of ruling elder, and to the office of deacon, or either of them, in the mode most approved and in use in that congregation. But in all cases the per- sons elected must be male members in full communion in the church in which they a^e to exercise their office. [See Form of Government, chap, v., 1.] 1. Elders must be duly Elected and set Apart. The following inquiry was referred to the decision of the Assembly by the Synod of the Carolinas, viz. : In what point of light are the elders nominated and ordained by Mr. Balch to be viewed hereafter in Mount Bethel Congregation ? It was determined by the Assembly that the "elders" mentioned in the inquiry are to be henceforth viewed as private church members only, un- less they be duly elected and set apart as church officers hereafter. — 1798, p. 158. 2. The Session may Propose Names to the Congregation. The reports on the records of the Synod of Pittsburg were taken up and read. The majority report is as follows, viz. : " The Committee to whom the records of the Synod of Pittsburg were committed would re- port that they have examined the same and find them regularly and neatly kept, and would recommend their approval." The report of the minority is as follows, viz. : "The minority of the Com- mittee on the Kecords of the Synod of Pittsburg recommend that they be approved, with the exception of the censure passed on the Presbytery of Redstone, p. 284, for their disapproval of the action of the session of Mor- gantown in nominating two persons to the office of ruling elder in that congregation, and recommend that the judgment of the Synod be re- versed, and that the following resolution be adopted, to wit : Resolved, That in the judgment of the Assembly the nomination by the session of persons to the office of ruling elder or deacon is contrary to Form of Government, chap, xiii., sec. ii., which says, " Every congregation shall elect persons to the office of ruling elder or deacon in the mode most approved and in use in that congregation," and is inconsistent with the freedom of elections. On motion, the report of the majority was adopted as the sense of the Assembly, and the whole ordered to be entered on the minutes —1847, p. 381, O. S. 43 J38 FORM OF GOVERNMENT. 3. A Meeting- for the Election of Elders can be called Regulaiiy only by the Session or by some higher Court. The Committee on Bills and Overtures reported — Overture No. 1, being an overture from two ruling elders of the Bra- zeau church, Presbytery of Potosi, Synod of Missouri, as follows: " Is it regular for a congregation, where there is no pastor, and a session of two ruling elders, to call a meeting of the congregation and elect a new session without consulting the session of the church where said election was made by a small minority of the church ?" The Committee recommend the following answer: "The session of a church should always be consulted with reference to calling a meeting for the election of additional ruling elders ; and it is irregular to call a meet- ing for such a purpose, and proceed to an election, unless the meeting is called through and by authority of the session or some higher court." The report and recommendation were adopted. — 1867, p. 320, O. S. [See 6, a, below.'] 4. The Remedy in Case the Session Refuse to Convene the Con- gregation is to Complain to Presbytery. The session of a church has the authority to convene the congregation for all such purposes ; but should the session neglect or refuse to convene the congregation, the party feeling aggrieved has its remedy by applica- tion to Presbytery in the form of a complaint. — 1822, p. 49. [See 10, below, 1840, p. 305, O. S. Also Discipline, chap, vii., sec. iii., sub sec. iv., ii., 2, d.~] 5. A Superior Judicature may Authorize the Meeting. That the entire Church take immediate measures to elect a new bench of elders, with a view to promote the peace of the church, and to secure the permanent settlement of the gospel ministry among them. [See under vii., below.]— 1834, p. 453. 6. Irregularity in the Call does not Necessarily Invalidate the Election. a. G. B. Smith and J. T. Clark were elected elders of the church of Madison, Wisconsin, at a meeting held on Sunday, 26th August, 1855. David Dennon and H. J. Davidson were elected deacons. Notice of the meeting had been given on the previous Sabbath from the pulpit, and also on the day of meeting. Messrs. G. B. Smith and J. T. Clark were or- dained as elders on the evening of that day. David Dennon was at the same time ordained as deacon. At the next meeting of Presbytery, called pro re nata, at the request of the party opposed to the present complain- ants, J. T. Clark and J. Y. Smith both claimed seats as the representatives of the Madison church. Mr. Clark had been appointed by the session, the vote being a tie, and the casting vote being given for him by the mod- erator. The two former elders of the church, one of whom was an or- dained minister and a member of the Presbytery of Dane, withdrew, alleging that they disputed the fact that the other two were elders. At the Presbytery, J. Y. Smith contested the right of Clark to a seat in that body, on the ground that the meeting to elect elders had not been called by order of the existing session. The existing or former session and their party had due notice of the meeting, and were present at its commence- OF ELBJTING AND ORDAINING ELDERS AND DEACONS. 339 meat. They attempted to postpone the election, and withdrew after the majority had voted to proceed with the election. The Presbytery of Dane admitted Mr. Clark to his seat, thus recog- nizing the validity of his election and ordination. Against this action of the Presbytery, J. Y. Smith and his party complained to the Synod of Wisconsin. The Synod sustained the complaint, thus pronouncing the election and the ordination of the new elders invalid. Against this de- cision of the Synod, Mr. Gardiner and Mr. J. T. Clark complain. The above is the statement of the case as agreed upon by the parties. It is submitted with a view of saving the time of the Assembly. The Judicial Committee recommend to the Assembly the adoption of the following minute, as a final settlement of the case, agreed on by both parties : 1. That the complaint be sustained pro forma, and the decision of the Synod be reversed, so far as it pronounces the election and ordination of the elders and deacons invalid, the Assembly being of opinion that the informality in the call of the congregational meeting was not so serious as to vitiate the election and ordination. 2. That the Synod was right in pronouncing the call of the congrega- tional meeting irregular. 3. That although the Assembly thus recognize the validity of the elec- tion and ordination of the said elders and deacons, they yet recommend, the said elders having assented thereto by their representatives, that in view of past and existing difficulties the said elders and deacons cease to act, according to our Form of Government, until such time as in the esti- mation of the Presbytery of Dane the church can be reasonably harmo- nious in receiving them in their official capacity. — 1856, p. 517, O. S. b. Nor does Irregularity in the Mode of Election Invalidate the Ordination. [See below, 12, 1835, p. 471.] 7. Must be Members in Full Communion, Ministers not Eligible. a. Overture No. 10, from sundry members of the Assembly, inquiring whether an ordained minister may accept and exercise the office of ruling elder in a church belonging to the same Presbytery of which he is a member. At the recommendation of the Committee this was answered in the negative. — 1856, p. 522, O. S. b. The Special Committee, appointed by the last Assembly on the re- lation of unemployed ministers to the churches among whom they reside, presented their report, which was adopted, and is as follows: By the last General Assembly, which met at Dayton, Ohio, the under- signed were appointed a Committee to consider and report upon the fol- lowing resolution (see Minutes, 1864, p. 462): Resolved, That the subject of the relation of unemployed ministers to the churches among whom they reside, and whom they may be desired and are disposed to serve as ruling elders, be referred to a Committee to consider and recommend what action can and ought to be taken by the Assembly for removing the constitutional restriction which prevents the employment of such ministers in the service of the church as ruling eld- ers, and report to the next Assembly. The *' constitutional restriction" referred to is found in the Form of Government, chap, xiii., ii., where it is said that persons elected to the offices of ruling elder and of deacon must "in all cases" be male mem- bers in full communion in the church in which they are to exercise their 340 FORM OF GOVERNMENT. office. By the practice of our Church, ministers are not members of any particular church, and therefore cannot be eligible to the above offices. The case might be reached constitutionally in one of two ways. The first would be an alteration of the above rule, making an express excep- tion in respect to "unemployed ministers;" but this would involve the infelicity and inconvenience of holding two offices, and would require ad- justments of other parts of the Constitution. The other mode would be the adoption of a constitutional provision, allowing, in certain well-defined cases, the demitting of the ministerial office. While some of your Committee are inclined to this course, yet they do not think it expedient to recommend it for adoption without fur- ther discussion and more specific instructions from the Assembly. At the same time, your Committee are unanimously of the opinion that any church has a right to avail itself of the experience and wisdom of such unemployed ministers. While it cannot directly invest such minis- ters with the office of ruling elder, yet it may, by a formal vote, request them to ta.ke part in all the deliberations of the session. * What is desir- able in the case may thus be gained without any violation of constitutional provision.— 1865, pp. 13, 14, K S. c. A minister belonging to the Presbytery of Grand River Valley, now editing a paper and not preaching on account of throat difficulty, was so- licited to accept the office of elder by the First Presbyterian Church of Grand Haven, Michigan, was elected unanimously, accepted the office and entered on his duties. The Presbytery in reviewing the records declared it was irregular, and did nothing more. The pastor of said church brought the matter before the session ; and after considering the case, the session did nothing. This brother, not being able to preach and over sixty years of age, accepted the office of ruling elder because he was willing to work in the vineyard of the Lord in a more humble capacity, but has not resigned the ministerial office, holding still his place as a member of the Presbytery of Grand River Valley. The Committee recommended for answer a reference to the report of the Special Committee on this subject, made to the Assembly of 1865, an<* found in the minutes for that year, pp. 13, 14. The report was adopted.— 1869, p. 282, N. S. d. An Exception Allowed in the Case of Foreign Missionaries. From the Synod of Wisconsin and Presbytery of Corisco, asking whether a minister who has been compelled in the providence of God to lay aside active ministerial duties is eligible to the eldership. The Committee recommend that the Synod and Presbytery be referred to the action of the General Assembly (O. S.) of 1856 (see a, above), and that that action be now reaffirmed by this Assembly — That an ordained minister cannot be also a ruling elder in a congregation. And that the Presbytery of Corisco be also informed that in exceptional cases, on foreign missionary ground, it may be expedient for a minister to perform temporarily the functions of a ruling elder without having been specially set apart to the office. — 1871, p. 546. "*But see chap, ix., sees, i., iii., where it is affirmed that a session may not invite a minister of the gospel to sit as a corresponding member. A minister cannot act as a ruling elder, since he is not a "representative of the people" nor elected by the Church for that service. OF ELECTING AND ORDAINING ELDERS AND DEACONS. 341 8. Uniformity in the Mode of Election deemed Impracticable. The Committee od Overture No. 9, relating to an amendment in the Form of Government, chap, xiii., sec. ii., reported, and their report was adopted, and is as follows, viz. : The Committee to whom was referred the consideration of the Overture No. 9, relating to an alteration of that part of the Constitution of our Church which gives the right of choosing ruling elders and deacons to the congregation, in the way most approved and in use in the congregation, reported, that after deliberating on the subject they find themselves unable to devise any method by which a uniformity of practice can be established in this interesting concern throughout the different sections of our Church, and believe that any alteration effected in the Constitution, with a view to relieve the difficulties in one section, would produce difficulties in another section of the Church. The Committee therefore judge it inexpedient to propose any alteration, and recommend that the Assembly dismiss this subject from anv further consideration. [See 10, below.]— 1826, p. 187. 9. The Mode most Approved and in Use may be Changed by the Congregation. And while the Assembly would recognize the undoubted right of each congregation to elect their elders in the mode most approved and in use among them, they would recommend that in all cases where any dissatis- faction appears to exist, the congregation be promptly convened to decide on their future mode of election. And they are inclined to believe that the spirit of our Constitution would be most fully sustained by having in all cases a direct vote of the congregation in the appointment of elders. — 1827, p. 215. 10. The Right of the Superior Judicatory to Interfere with the Mode in Use Disavowed. The Assembly deem it proper, in sustaining the complaint of the Pres- bytery of Blairsville, to declare that they do it on the ground that the de- cision of the Synod of Pittsburg, disapproving of the act of the Presbytery, if carried into effect, would render it necessary for the churches in that Presbytery, and any other within the bounds of that Synod whose practice may be the same, to change their usage as to the manner of electing ruling elders, which by the Constitution is left to be regulated by "the mode most approved and in use in each church." At the same time, the Assembly, in coming to this result, have no design to establish a uniform mode of electing elders throughout the Church, which is designedly left by the Constitution to be regulated by the usage of each particular church. And it may be added that in those churches in which the usage has prevailed for the existing eldership to determine when and how large an addition shall be made to the session, the Church has an effectual security against the abuse of that power, in the right of appeal or complaint secured by the Constitution.— 1840, p. 305, O. S. 11. Who are the Electors of Ruling Elders and Deacons ? a. Members not Communicants, where such is the Usage. The General Assembly, having gone fully into the consideration of the appeal from the decision of the Synod of Ohio, by Messrs. Lowerie and Kelso, and having seen with deep regret the appearance of much disordei 342 FOEM OF GOVEENMENT. in the whole business, which they disapprove, believing, as the Assembly do, that the election of elders should be conducted with all due delibera- tion, according to the letter of the Constitution of the Presbyterian Church, and in the spirit and temper of the gospel, and although the Assembly are of the opinion that it would be most desirable to have the communicants only as the electors of ruling elders, yet, as it appears to be the custom in some of the churches in the Presbyterian connection, to allow this privilege to others, they see no reason why the election be con- sidered void, nor any reason why the decision of the Synod of Ohio should not be affirmed. Therefore, Resolved, That the sentence of the Synod of Ohio be and it is hereby affirmed.— 1822, p. 49. b. Only baptized Persons allowed to Vote. Ought an unbaptized person, who yet pays his proportion for the sup- port of a congregation, to be permitted to vote for ruling elders ? The office of ruling elder is an office in the Church of Christ ; that ruling elders as such, according to the Confession of Faith, Book I., on Government, chap, v., are " the representatives of those by whom they are chosen, for the purpose of exercising government and discipline," in the kingdom of our Lord Jesus Christ ; that the discipline lawfully exercised by them is the discipline exercised through them by their constituents, in whose name and by whose authority they act in all that they do. To sup- pose, therefore, that an unbaptized person, not belonging to the visible kingdom of the Redeemer, might vote at the election of ruling elders, would be to establish the principle that the children of this world might through their representatives exercise discipline in the Church of God, which is manifestly unscriptural and contrary to the standards of our Church ; and your Committee would therefore recommend that the ques- tion in the said overture be answered in the negative. — 1830, p. 284. c. Most consonant to our form of Government that Communicants only be the Electors. Are others than communicants entitled to vote for ruling elders ? The Assembly, in accordance with the decision of former Assemblies, judges it most consonant to our Form of Government that communicants only should vote in the election of ruling elders. — 1855, p. 299, O. S. d. No Distinction to be made as to the Age of Electors. As to the right of minors to vote in the election of elder and deacon. That it is not in accordance with the principles and usages of the Pres- byterian Church to distinguish between members of the Church as to their iges, in voting for officers of the Church. — 1859, p. 18, N. S. 12. Mode of Electing for a Term of Years supposed to be Irregular. a. Your Committee are of opinion that the mode of electing elders in the congregation of Wheatland for a terra of years was irregular, and ought in future to be abandoned, but cannot invalidate the ordination of persons thus elected and ordained to the office of ruling elder. — 1835, p. 471. [See 1867, p. 320, O. S.] b. Overture to limit the Term of Service declined. The overture on limiting the term of service of ruling elders was, on motion, taken up for consideration. The report of the Committee was OF ELECTING AND ORDAINING- ELDERS AND DEACONS. 343 adopted, and is as follows : Whereas, sundry memorials have been pre- sented to the Assembly, asking for a change of the Constitution respect- ing the term of service in the office of ruling elder : Resolved, That while the Assembly sympathize with those churches, which are more especially tried by the present rule, yet believing that the evils of a change w T ould far outweigh those of the present system, thev are not prepared to recommend any overture on the subject. — 1849, p. 182, N. S. c. An overture from the Presbytery of Pennsylvania, asking " whether the Constitution of our Church shall be so altered as to make the term of office of ruling elder temporary in such churches as prefer it," was taken up and answered as follows : The Assembly do not deem it expedient, or for the edification of the Church, to send down to the Presbyteries such an overture ; the most ob- vious and natural construction of our Form of Government does not con- template a rotary eldership ; and while such an organization of a session is not Anti-presbyterial, yet the Assembly would discourage the adoption of the principle in our Church, from respect to the plain meaning of our rule ; but nothing in this resolution is intended to disturb the relation of those churches which have adopted the principle of a limited period in the services of elders. — 1852, p. 177, N. S. d. Is it contrary to the Constitution of the Presbyterian Church to elect elders for a definite period ? Answered in the words above, "the most obvious," etc. — 1862, p. 34, N". S. e. Overture, asking the Assembly to take the proper measures for hav- ing the Constitution changed in regard to ruling elders, so as to make the office temporary. Resolved, that it is inexpedient to send down to the Presbyteries the proposed alterations. — 1857, p. 45, O. S. /. Judicial case. The vote was taken, and the complaint was not sus- tained. This vote condemned the following plan adopted by the church of Greenville Presbytery of Kaskaskia : Art. 1. The members of this church will meet on the day of , A. D. , and at said meeting the following question shall be submitted for their vote and decision : " Is it your pleasure that any change or increase of number shall be made in the acting eldership of this Church r 2. If the vote on the above question shall be in the negative, the matter shall there end. 3. If the vote on the aforesaid question shall be in the affirmative, then the church shall proceed to cast their ballots for ruling elders to represent them in the session of the church. 4. If any of the members of the existing session shall receive a major- ity of the votes thus cast, they shall continue to be and act as ruling elders in that congregation. 5. If any of the acting elders of the church shall not receive a major- ity of the votes thus cast, then they shall, upon their consent, and the required record to made by the session (Form of Government, chap, xiii., sec. vii.\ cease to be acting elders. 6. If any acting elder shall fail to receive a majority of the votes cast at said election, and shall not concur in the will of the church thus ex- pressed, then the matter shall be referred to the Presbytery for its advice in the premises. 7. If any person or persons, not previously acting as ruling elders, shall receive a majority of votes cast at said election, then such per J>44 FOKM OF GOVERNMENT. son or persons shall be installed, or ordained and installed, as the case may be. 8. Triennially, after the meeting above provided for, or as nearly trien- nially as the session shall judge to be suitable to the convenience and wishes of the congregation, there shall be a similar meeting of the church, to be called by order of the session, after public notice from the pulpit, at which the same question shall be proposed and voted upon by the church, and the same proceedings had as are provided for in the foregoing arti- cles.— 1869, p. 911, 912, O. S. g. Overture from the Presbytery of Muncie, asking the Assembly to provide for such an amendment of the Constitution as that any church may elect both deacons and ruling elders for a limited term of years. The Committee recommend that it is inexpedient at this time to take any action on the subject. Adopted. — 1871, p. 592. 13. The Right of a Congregation to Elect Elders to Serve for a Term of Years Affirmed.— A Judicial Case. The Judicial Committee reported Case No. 1, being a complaint of Rev. Alfred Nevin, D. D., and others against a decision of the Synod of Phila- delphia relative to the term of the eldership ; the report was received and placed on the docket. — 1872, p. 15. a. The history of the "Case No. 1" is as follows: The church of Great Valley, in the Presbytery of Chester, had elected two elders to serve for a term of three years each, their usage heretofore having been to fix no limit. On review of their records, the Committee reported a censure and affirmed the action of the church to be uncon- stitutional. The Presbytery refused to sustain the censure, and approved the records. Against this action of the Presbytery a complaint was made to the Synod of Phila- delphia. In the Synod, Oct. 20, 1871, the proceedings were as follows: Judicial Case No. 1 was then taken up, being a complaint of certain ministers and elders of the Presbytery of Chester of the action of said Presbytery in approving the minutes of the session of the Great Valley church, that church having elected ruling elders for a term of years, which the complainants believed to be unconstitutional. The papers were read — viz., the complaint, and the record of the Presbytery of Chester in the case. The original parties were heard — viz., the complainants, and the Rev. VV. E. Moore and the Rev. Orr Lawson — on behalf of the Presbytery of Chester. The roll was then called, and opportunity given for every member to express his opinion on the case. The final vote was as follows: To sustain 26 Not to sustain 40 The complaint, therefore, was not sustained. Mr. John F. Templeton gave notice for himself and others of his intention to com- plain of this decision of the Synod to the next General Assembly. The Rev. Wm. E. Moore and the Rev. B. L. Agnew were appointed a Committee to defend the action of the Synod before the Assembly. — Minutes Synod of Philadel- phia, 1871, p. 28. b. In the Assembly of 1872. Judicial Case No. 1 was taken up. The moderator called upon the Assembly to remember and regard their solemn duty as a court of Jesus Christ. The case was conducted according to the Book of Discipline, chap, vii., sec. iii. (The case was continued from day to day.) The unfinished business was resumed. The parties having been heard, and the members of the Assembly having had an opportunity to express their views, tin; final vote was taken, 145 to 173, so the complaint was not sustained. — l'872j pp. .01, 68. The following Committee was appointed to bring in a minute with ref- erence to the case just decided: Rev. Charles S. Kobinson, D. D., Rev. OF ELECTING AND ORDAINING ELDERS AND DEACONS. 34o Ir^ n Edwards, D. D., Rev. Elliott H. Payson, Hon. James E. Brown and tlon. Lawson A. Parks. — 1872, p. 69. c. The Committee to report a minute on Judicial Case No. 1 presented the i iliowing report, which was adopted : TLe case seemed to present in a judicial form the question of the inter- pretation of our Constitution concerning the election of elders and dea- cons, and yet many of the Assembly do not regard it as really involving that question. Hence, in denning its own action the Assembly is not to be understood as deciding that in any case the actual service of the elder- ship should be either permanent or limited ; but while the office is perpet- ual, the time of its exercise in each individual congregation may be left to the decision of the church itself, according to the mode approved and in use in such church. — p. 75. d. Dissent [Against the foregoing action a dissent was offered by Rev. Messrs. Joseph T. Smith, J. S. Grimes, Geo. S. Bishop and Geo. H. King, and ordered to be entered on the minutes, viz. :] 1. Because the decision of the Assembly was in contravention of the standards of the Church as uniformly intrepreted by this court. 2. Because many members of the Assembly sat as judges and voted in the case who confessed themselves guilty of the offence charged. — p. 80. e. Answer: Limitations of Term of Service Constitutional. [The Committee appointed to answer this dissent, Rev. Tryon Ed- wards, D. D., Rev. T. Ralston Smith, D. D., Rev. Edward D. Morris, D.D., Hon. David B. Greene and Hon. Royal E. Barber, reported the follow- ing, which was adopted :] Had the dissent been offered without reason and simply as a record of the vote of the dissenters, it would have been entirely proper to enter it on the minutes of the Assembly without reply. It would then have been in the nature only of a record in part of ayes and nays. But as it is accompanied with reasons, it is virtually a protest, and it is proper in reply to say : 1. That the Assembly by its minute adopted in the case expresslv declares that it does not regard its decision as contrary to, but in accord- ance with, the standards of the Church, and that in the very language of the standards themselves. 2. That it does not appear that any one sat as a judge or voted in the case who had confessed himself guilty of the supposed offence, or of any offence against our standards. It is but justice to say that the majority claim and believe their vote to be in accordance with our standards, nor does it appear that any of them has ever voted for a limit to the office of the eldership, or otherwise than in full accordance with our standards liberally and historically inter- preted.— 1872, p. 85. 14. An Overture Proposing a Change in the Form of G-overnment. Resolved, That all overtures and papers concerning the office of ruling elder be referred to a Committee of seven, viz. : Rev. A. T. McGill, D. D., William E. Moore, D. D., S. J. Niccolls, D. D., William M. Paxton, D. D. Hon. William Strong, LL.D., Hon. William E. Dodge and Lewis Cha- pin, who shall report to the next General Assembly an overture to the Presbyteries proposing a change in the Form of Government, — 1873, p. 547. 44 346 FORM OF GOVERNMENT. III. When any person shall have been elected to either if these offices, and shall have declared his willingness to accept thereof, he shall be set apart in the following manner: IV. After sermon the minister shall state, in a concise manner, the warrant and nature of the office of ruling elder or deacon, to- gether with the character proper to be sustained and the duties to be fulfilled by the officer elect; having done this he shall propose to the candidate, in the presence of the congregation, the following questions, viz. : 1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, the only infallible rule of faith and practice? 2. Do you sincerely receive and adopt the Confession of Faith of this Church as containing the system of doctrine taught in the Holy Scriptures ? 3. Do you approve of the government and discipline of the Pres- byterian Church in these United States ? 4. Do you accept the office of ruling elder (or deacon, as the case may be), in this congregation, and promise faithfully to perform all the duties thereof? . 5. Do you promise to study the peace, unity and purity of the church ? The elder or deacon elect having answered these questions in the affirmative, the minister shall address to the members of the church the following question, viz. : " Do you, the members of tnis church, acknowledge and receive this brother as a ruling elder (or deacon), and do you promise to yield him all that honor, encouragement and obedience in the Lord to which his office, according to the word of God and the Constitution of this Church, entitles him ?" The members of the church having answered this question in the affirmative, by holding up their right hands, the minister shall pro- ceed to set apart the candidate, by prayer, to the office of ruling elder (or deacon, as the case may be), and shall give to him and to the con- gregation an exhortation suited to the occasion. V. Where there is an existing session it is proper that the mem- bers of that body, at the close of the service, and in the face of the congregation, take the newly-ordained elder by the hand, saying in words to this purpose : " We give you the right hand of fellowship to oake part of this office with us. 7 ' 1. Mode of Ordination.— Laying on of Hands Approved. a. Our Form of Government, chap, xiii., sec. iv., declares that such, whether elder or deacon, shall be set apart to their respective offices by OF ELECTING AND ORDAINING ELDERS AND DEACONS. 347 prayer. The imposition of hands, however, we are aware, in many of oui' churches is practiced ; and as it is plainly in accordance with apostolic ex- ample, it is the opinion of the Assembly that it is proper and lawful. We conceive that every church in this respect may with propriety be left to adopt either of these two modes as they think suitable and best. — 1833, p. 405. b. An overture from the Presbytery of South Alabama on the subject of ordaining elders and deacons by the imposition of hands. The Com- mittee recommended that it be left to the discretion of each church ses- sion to determine the mode of ordination in this respect, which was adopted. —1842, p. 16, O. S. c. [The session of the Mount Bethany church, having been censured by the Presbytery of Memphis for ordaining deacons with the laying on of hands, memorialized the Assembly " to determine whether in the ordina- tion of elders and deacons it is unconstitutional or otherwise improper to use the right of laying on of hands by the existing eldership."] Resolved, That the session of Mount Bethany church be referred to the minutes of the Assembly of 1842 for an answer to said overture. — 1851, pp. 12, 35, 172, and 1852, p. 227, O. S. 2. Ordination Essential to the Validity of the Judicial Acts of an Elder. The Committee on Church Polity reported two questions, with the recom- mendation that they be answered in the negative : 1st. Is an elder elect a member of the session, and competent to sit in a judicial case before he has been ordained according to the Form of Gov- ernment ? 2d. Would a decision in a case of discipline, made by a session whose members have never been ordained according to the Form of Government, chap, xiii., be a valid and lawful decision and binding upon the accused? The report was adopted.— 1868, p. 58, K S. 3. Installation Required on Resuming" the Office. When a ruling elder in the Presbyterian Church, by removal or other- wise, terminates his connection with the session by whom he was ordained, does he require installation before* he can regularly exercise again the office in the same church or in any other one ? [Answered in the affirmative.] — ■ 1849, p. 265, O. S. [An overture from the Presbytery of Erie, asking whether the answer of the General Assembly of 1849 in relation to the installation of ruling elders who have removed from one church to another has a retrospective or only a prospective bearing.] The Committee recommended the following answer to the question ; That it has a prospective bearing. The recommendation was adopted. — 1850, p. 454, O. S. 4. Mode of Installation of an Elder already Ordained. 1. Resolved, That any elder regularly ordained and installed in one church and subsequently elected to the same office in another church, and who has heretofore, pursuant to such election, served as an elder in such church without objection, shall be presumed to have been duly installed therein, and his right to act shall not now be questioned. 2. Resolved, That when an elder shall hereafter be elected to the sam« office in a church other than that in which he has been ordained and ip 348 FORM OF GOVERNMENT. stalled, the minister and session are hereby enjoined formally to install him. 3. Resolved, That this Assembly hereby declare that the existing law of the Church as to the mode of such installation is as follows, viz. : After sermon the minister shall speak of the office and duties of ruling elders as in case of ordinations, and shall then propose to the elder elect in the presence of the congregation the following questions: Do you sincerely re- . ceive and adopt th °- Confession of Faith, of this Church as containing the sys- tem of doctrine taught in the holy /Scriptures t Do you accept the office of ruling elder in this congregation, and promise faithfully to perform all the duties thereof? Do you promise to study the peace and unity and purity of the Church t The elder elect having answered these questions in the af- firmative, the minister shall ask the members of the church whether they accept him, as in cases of ordination. The members of the church having answered in the affirmative by holding up their' right hands, the minister shall declare him an elder of that church, and accompany this act by ex- hortation and such other proceedings as he may deem suitable and expe- dient.— 1856, p. 539, O. S. VI. The offices of ruling elder and deacon are both perpetual, and cannot be laid aside at pleasure. No person can be divested of either office but by deposition. Yet an elder or deacon may become by age or infirmity incapable of performing the duties of his office, or he may, though chargeable with neither heresy nor immorality, become unacceptable in his official character to a majority of the congregation to which he belongs. In either of these cases he may, as often hap- pens with respect to a minister, cease to be an acting elder or deacon. [See Form of Government, chap. iii. sec. ii.] 1. Perpetuity of the Office Affirmed. a. The Committee to whom was referred Overture No. 1, a communica- tion from the session of Wheatland congregation in reference to the ap- pointment of Freeman Edson as a commissioner to this Assembly, beg leave to present the following report : Agreeably to the Constitution of our Church, the office of ruling elder is perpetual (see Form of Government, chap, xiii., sec. vi.), and cannot be laid aside by the will of the individual called to that office, nor can any congregation form rules which would make it lawful for any one to lay it aside. Your Committee are of opinion that the mode of electing elders in the congregation of Wheatland for a term of years was irregular and ought in future to be abandoned, but cannot invalidate the ordination of persons thus elected and ordained to the office of ruling elder. And whereas it appears that Mr. Freeman Edson was once elected to the office of ruling elder in the church of Wheatland, and was regularly set apart to that office ; whereas, there seems to be some material diversity of views be- tween the Presbytery of Rochester and the church session to which Mr. Edson once belonged as to the manner in which, and the principle on which, he ceased to be an acting elder in the said church, into which the Assembly have no opportunity at present of regularly examining; and whereas, the Presbytery, with a distinct knowledge, as is alleged, of all the circumstances attending this case, gave Mr. Edson a regular commis- sion as a ruling elder to this General Assembly ; therefore, OF ELECTING AND ORDAINING ELDERS AND DEACONS. 349 Resolved, That he retain his seat as a member of the Assembly. — 1835, p. 471. b. But the Time of its Exercise may be left to the Decision of the Church. In defining its own action, the Assembly is not to be understood as de- ciding that in any case the actual service of the eldership should be either permanent or limited ; but while the office is perpetual, the time of its exercise in each individual congregation may be left to the decision of the church itself, according to the mode approved and in use in such church. — 1872, p; 75. 2. Restoration to Church Privileges does not Restore to the Eldership. When an elder has been suspended from church privileges and again restored to the privileges of the church, is he also restored to his office as a ruling elder '? The two things are distinct ; and since an elder as well as a minister may be suspended from his office and not from the communion of the Church, so there may be reasons for continuing his suspension from his office after he is restored to the privileges of the Church. He cannot be restored to the functions of his office without a special and express act of the session for that purpose, with the acquiescence of the Church. — 1836, p. 263. 3. An Elder -without Charge can Sit in no Church Court. Resolved, That no ruling elder who has retired from the active exercise of his office in the church to which he belongs can be admitted as a mem- ber of a Presbytery, Synod or General Assembly. — 1835, p. 489. VII. Whenever a ruling elder or deacon, from either of these causes or from any other, not inferring crime, shall be incapable of serving the Church to edification, the session shall take order on the subject and state the fact, together with the reasons of it, on their records; provided always, that nothing of this kind shall be done without the concurrence of the individual in question, unless by the advice of Presbytery. 1. Elders "who cannot Acquiesce in the Decisions of the Superior Courts should Resign. A petition from the members of the session of the Third Presbyterian Church in this city, asking advice of this Synod with respect to the execu- tion of their office in consequence of the judgment of the Synod respecting that church. After it was duly considered, they returned the following answer, viz.: The Synod advise them to continue to act as elders, but in case they eannot, consistently with what they apprehend to be their duty, continue as such and act upon the decisions of Synod, that they may resign their office, and the congregation proceed to choose other elders who may have freedom to act according to the determinations of the Synod. — 1772- i). 435. ^50 FORM OF GOVERNMENT. 2. Ruling- Elders may Cease to Act in order to Promote the Peace of the Church. a. The Assembly earnestly recommend to the whole session, including the majority and the minority, in view of the state of the Fifth Church, to take the constitutional steps and cease from acting as ruling elders in that congregation, and that the entire Church take immediate measures to elect a new bench of elders, with a view to promote the peace of the Church and secure the permanent settlement of the gospel ministry among them. And further, that it be recommended to the persons so elected not to accept the office unless they shall obtain the suffrages of at least two-thirds of the electors participating in the election. — 1834, p. 453. 3. The Superior Court directs an Elder to Cease to Act. With the consent of parties, the complaint (of Mr. William B. Guild against the Synod of New Jersey) is sustained " pro forma," but under ex- isting circumstances in the congregation Mr. Guild shall cease to act as a ruling elder in the Third Church at Newark, N. J.— 1863, p. 35, O. S. [The complaint was that the Synod had by a Committee visited the Third Church to see if any member of the session was unacceptable to the people.] 4. The Presbytery, -without the Request of the Session or of Members of the Church, may declare that an Elder shall Cease to Act. Overture No. 46, from the session of the Presbyterian Church at Iron- ton, Missouri, in reference to the power of the Presbytery to declare that a member of the session shall cease to be an acting elder without any re- quest from the session or any members of the church. The Committee would recommend the following answer (see Form of Government, chap, x., sec. viii.): Presbytery has power to visit particular churches for the purpose of inquiring into their state, and redressing the evils that may have arisen in them, and to order whatever pertains to their spiritual welfare, without being requested bv the session. The report was adopted.— 1869, p. 924, O. S. ' 5. If a Member of Session be Unacceptable, and the Matter can- not be Arranged by Consent, the proper step is to Memorialize Presbytery. Overture No. 20, from two members of the General Assembly, with the inquiry : " Has a church session the right to submit to their church mem- bers the acceptableness or non-acceptableness of the acting board of ruling elders, or any portion of the board, and to ask the church to settle the question by a vote of the members?" In case of unacceptableness on the part of any member of a church session, and the matter cannot be amicably arranged by consent of parties, the proper method of redress is by memorializing the Presbytery to give such direction as in its judgment the necessities of the case may require, under the provisions of the Form of Government, chap. xiii. — 1867, p. 369, O. S. The report was adopted. OF ELECTING AND OKDAINING ELDEKS AND DEACONS. 351 6. "When an Elder resigns, the Presbytery is not Competent to order his Restoration. Dr. S. F. Day, declining to have bis children baptized, his wife being a Baptist, the session of the Wooster church, in which he was an elder, was advised by the Presbytery that in such a case (proposed in thesi) the elder should be removed from office. Hereupon Dr. Day gave notice to the session that he resigned the eldership. At a subsequent meeting of Presbytery, upon a memorial from Dr. Day, the Presbytery reconsidered its action, and ordered the session to restore him. Upon appeal the Synod sustained the Presbytery. A complaint was taken up by the pastor, the Rev. James H. Baird, and by the session. The following was the decis- ion. [See Baird's Digest, p. 70.] Whereas, It appears from the record that Dr. Day was removed from the session of the church of Wooster by his own resignation of his office in that church, and not by the judicial action of the session, it was not competent to the Presbytery to order his restoration to office by the ses- sion ; and therefore the judgment of the Synod of Ohio confirming such action of the Presbytery was erroneous and ought to be and is hereby re- versed, and the complaint of the session, so far as it relates to this point, is sustained. — 1854, p. 33, O. S. [See above, chap, ix., sec. ii., c, for a case where an elder refuses to act, and has left the church.— 1869, p. 912, O. S.] 7. The Official Relations of an Elder to his Church terminate with his Dismission. The Presbytery of Iowa City desire the Assembly " to determine when the rights and privileges of ruling elders and private members cease, on their receiving letters of dismission ; and whether the same rule obtains as in the dismission of ministers from a Presbytery." The Assembly reply : The established rule of the Presbyterian Church in relation to the dis- mission of a minister from his Presbytery is " that in all ordinary cases all the rights and privileges of an individual in a Presbytery cease when at his request his dismission is granted." He may, however, within any reasonable time before he has used his letter of dismission, return it to the Presbytery, and then claim all his former rights and privileges; but until he has used his letter he is amenable to the Presbytery which has dismissed him. [See Digest, New, chap, ii., sec. viii.] Your Committee have not been able to find any specific rule in our Form of Government or in the Digest in relation to the dismission of ruling elders or of private members from any particular church, indi- cating the precise time when their rights and privileges in that church from which, at their own request, they may be dismissed cease ; but we have no hesitation in declaring our belief that the same guardian care which is extended over dismissed members is, by the very genius and intent of our excellent Form of Government, designed also for the pro- tection of regularly dismissed elders and private members, as well as for the preservation of the peace and purity of the Church. We therefore respectfully recommend to this Assembly the adoption of the following resolutions: That, 1. The dismission of a ruling elder by letter from a church terminates his official relations with that church. 352 FORM OF GOVERNMENT. 2. A letter of dismission, whether issued to a ruling elder or private member, terminates the relations of the person dismissed with the church giving the letter, except so far as said church is responsible for its watch and care over him during the period of transition. 3. These rights and privileges can be regained in that church by re* turning the letters of dismission to the authority which gave them. 4. These rights and privileges can be secured in any other church within the jurisdiction of this General Assembly, by virtue of such certificates, provided they are presented to the session thereof within one year from their date; and until they are presented such persons are amenable to the church from which the certificates were received. — 1867, p. 512, N. S. [The "Rights and Privileges" referred to in sec. iv. are those of mem- bership only. An elder can exercise his office only by virtue of an elec- tion.] 8. The Return of a Letter Unused Restores to Official Position. The Committee on. Polity reported the following case and question : Mr. C, an acting elder of the church of C, having taken a certificate of dismission, and having retained it about three years, returned it to the session of the church of C, giving satisfactory reasons for not using it, and was restored to the membership of the church. Does the receiving again by the session reinstate Mr. C. as an acting elder of the church of C.? The Committee recommended that the answer be in the affirmative. The report was adopted. — 1868, p. 58, N. S. CHAPTER XIV. OF LICENSING CANDIDATES OR PROBATIONERS TO PREACH THE GOSPEL. I. The Holy Scriptures require that some trial be previously had of those who are to be ordained to the ministry of the gospel, that this sacred office may not be degraded by being committed to weak or unworthy men; and that the churches may have an opportunity to form a better judgment respecting the talents of those by whom they are to be instructed and governed. For this purpose Presbyteries shall license probationers to preach the gospel, that after a competent trial of their talents, and receiving from the churches a good report, they may in due time ordain them to the sacred office. 1. Preaching without Licensure Condemned as Irregular. a. Upon information that David Evan, a lay person, had taken upon him publicly to teach or preach among the Welsh in the Great Valley, Chester county, it was unanimously agreed that the said Evan had done very ill and acted irregularly in thus invading the work of the ministry, and was thereupon censured. Agreed that the most proper method for advancing David Evan in necessary literature to prepare him for the work of the ministry is that he lay aside all other business for a twelvemonth, and apply himself OF LICENSING CANDIDATES. 353 closely to learning and study under the direction of Mr. Andrews, and with the assistance of Mr. Wilson and Anderson, and that it be left to the discretion of the said ministers when to put said Evan on trials, and license him publicly to teach or preach. — 1710, p. 17. b. The Assembly disapproves the conduct of Mr. McCalla in preaching the gospel before he was regularly licensed. — 1821, p. 21. 2. On the Licensing and Ordaining- of Women to Preach the Gospel. a. Overture No. 39, from the Presbytery of Brooklyn, requesting the Assembly to adopt and transmit to the Presbyteries for their approval such rules as shall forbid the licensing and ordaining of women to the gospel ministry, and the teaching and preaching of women in our pulpits, or in the public and promiscuous meetings of the Church of Christ. The Committee recommend this answer : That there is no necessity for a change in the Constitution of the Church touching this question ; and the memorialists are referred to the deliverance of tlie Assembly of 1832, which expresses the judgment of this Assembly. Adopted.— 1872, p. 89. b. [The deliverance referred to is as follows, viz.:] Meetings of pious women by themselves for conversation and prayer, whenever they can conveniently be held, we entirely approve. But let not the inspired prohibitions of the great apostle of the Gentiles, as found in his Epistles to the Corinthians and to Timothy, be violated. To teach and exhort or to lead in prayer, in public and promiscuous assem- blies, is clearly forbidden to women in the holy oracles. — Pastoral Letter, 1832, p. 378. [See under chap, xii., sec. v., Letter No. 11.] 3. Education for the Ministry. [For a full history of the early efforts of the Presbyterian Church to enlarge her ministry by aiding pious youth needing assistance, see Baird's Digest, Revised Edition, pp. 388-399.] In 1819 the Assembly resolved to establish a General Board of Education. — Minutes, 1819, p. 712, viz. : a. The Board of Education Established. The Committee appointed to draught a Constitution for establishing a General Board of Education, agreeably to the resolutions adopted by the Assembly on the subject, reported one, which being read and amended, was adopted, and is as follows, viz. : I. There shall be a General Board of Education, known by the name of The Board of Education, under the care of the General Assembly of the Presbyterian Church in the United States of America. II. The Board shall consist of thirty-six members, of whom there shall be twenty ministers and sixteen elders, one minister and one elder to be chosen from each Synod, and the remainder from Philadelphia and from a distance convenient to it. Seven members, including the President or Vice President, shall be a quorum to transact business. III. The whole number of members shall be divided into four classes, one-fourth to be annually elected. IV. The election of the members of the Board shall be made by nomi- nation and ballot by the General Assembly. V. The officers shall be a President, three Vice Presidents, a Recording 46 354 FORM OF GOVERNMENT. and a Corresponding Secretary, and a Treasurer, to be annually elected by the Board. VI. The objects of this Board shall be — 1. To recognize such Presbyteries and other associations as may form themselves into education societies, as auxiliary to the General Board. 2. To assist such Presbyteries and associations in educating pious youth for the gospel ministry, both in their academical and theological course. 3. To assign according to their best discretion to the several auxiliary societies a just proportion of the whole disposable funds under their con- trol. 4. To concert and execute such measures as they shall judge to be proper for increasing their funds and promoting the general object. VII. No young man shall be patronized or assisted by any auxiliary society unless he shall produce a testimonial of his hopeful piety and tal- ents from some Presbytery under whose care he shall have been taken. VIII. Auxiliary societies may make such arrangements and selection of a seminary for the. young men under their patronage as in their opin- ion shall be most eligible for the prosecuting of their education, whether classical or theological. IX. The auxiliary societies shall send to the Board all the surplus funds in their hands which shall not be necessary for the accommodation of those immediately depending on them for support. X. Every auxiliary society shall annually forward a report of their proceedings to the Board, sufficiently early to enable the Board, whose duty it shall be, to report to the General Assembly. XI. The Board shall have power to make such by-laws to regulate their own proceedings and effectually to accomplish the great objects of their appointment as shall not be inconsistent with this Constitution. XII. The Board may propose to the General Assembly from time to time such plans as they may consider useful and necessary for the success of this institution, to be recommended to the several societies or churches as the Assembly may think proper. XIII. No addition or amendment to the provisions of this Constitution shall be made unless by the consent of two-thirds of the members of the General Assembly present at any of their sessions, of which notice shall be given at least one day previous. — 1819, p. 714. [With such amendments as experience showed to be necessary, the above plan was used by the O. S. branch of the Church from 1838 to the Re- union.] In 1841 was obtained the following : b. CHARTER, OF THE BOARD OF EDUCATION. To all to whom these Presents shall come : Know ye, That whereas the General Assembly of the Presbyterian Church in the United States of America have a Board of Education, composed of ministers and lay- men, members of the Presbyterian Church, the design of which is to afford aid to poor and pious young men of good talents to procure a liberal education, as preparatory for the gospel ministry in the Presbyterian Church ; and whereas, the aforesaid Board of Education labors under serious disadvantages as to receiving donations and bequests, and as to the management of funds entrusted to them for the purpose designated in their Constitution, and in accordance with the benevolent intentions of those from whom such bequests and donations are received ; Therefore, Matthew L. Bevan, Stephen Colwell, Joseph B. Mitchell, Joel Jones, Alexander W. Mitchell, John McDowell, Francis McFarland, Henry A. Boardman and Thomas L. Janeway, citizens of the United States and of the Commonwealth of Pennsylvania, and their successors, are hereby constituted and declared to be a body politic an* corporate, which shall henceforth be known by the name of '' The Trustees OF LICENSING CANDIDATES. 355 of tlie Board of Education of the Presbyterian Church in the United States of Amer- ica," and as such shall have perpetual succession, and be able to sue and be sued in all courts of record and elsewhere; and to purchase and receive, take and hold, to them and their successors for ever, lands, tenements, hereditaments, money, goods and chattels, and all kinds of estate which may be demised, bequeathed or given to them, and the same to sell, alien, demise and convey ; also to make a common seal, and the same to alter and renew at their pleasure; and also to make such rules, by-laws and ordinances as may be needful for the government of the said corporation, and not in- consistent with the constitution and laws of the United States and of this State; Pro- vided always, that the clear yearly value of the real and personal estate held by the said corporation shall not at any time exceed the sum of two thousand dollars. The trustees above named shall hold their offices for one year from the date of this incorporation and until their successors are duly qualified to take their places, who shall be chosen by the aforesaid Board of Education at such times and in such way and manner as shall be provided by the said General Assembly of the Presbyterian Church of America ; Provided, that not more than one-third of the trustees shall be removed in any one year. The trustees hereby incorporated and their successors shall, subject to the direction of the said Board of Education, have full power to manage the funds and property committed to their care in such manner as shall be deemed most advantageous, not being contrary to law. Pennsylvania, ss. Secretary's office. Enrolled in Charter Book No. 6, pages 442, 443 and 444, containing a record of acts incorporating sundry religious, literary and other charitable institutions. Witness my hand and the seal of the said office at Harrisburg, this 18th day of Feb- ruary, A. D. 1841. (Signed) FEANCIS R. SHUNK, Secretary of Commonwealth. AMENDMENT TO THE CHASTER. 2. That the Trustees of the Board of Education of the Presbyterian Church in the United States of America be and they are hereby authorized and empowered to take, receive and hold to them and their successors for ever, lands, tenements, heredita- ments, moneys, goods and chattels, and all kinds of estate which may be devised, be- queathed or given to them for the purpose of aiding schools, academies and colleges or the cause of education generally ; Provided, that the clear yearly value of the real and personal estate held by the said corporation shall not at any time exceed the sum of five thousand dollars. Approved the tenth day of April, A. D. one thousand eight hundred and fifty-two, as the same remains on file in this office. In testimony whereof I have hereunto set my hand and caused the seal of the Sec- retary's office to be affixed at Harrisburg, the second day of August, A. D. one thou- sand eight hundred and fifty-two. E. S. GOODRICH, [seal.] Deputy Secretary of the Commonwealth. c. The Permanent Committee of Education Established. From 1838 to 1854 the N. S. branch co-operated chiefly with the Amer- ican Education Society or its branches. In 1854 the " Permanent Com- mittee of Education for the Ministry" was established. — Minutes, 1854, pp. 506, 507. By the Assembly of 1856 the plan was more fully matured. — pp. 222-224. See also 1857, pp. 388-392. A charter obtained from the Legislature of New York April 17, 1858, was accepted and approved by the Assembly. — 1858, pp. 597, 598. The charter is as follows, viz. : d. THE CHARTER. An Act to incorporate the Permanent Committee on Education for the Ministry of the General Assembly of the Presbyterian Church in the United States of America. Th«* people of the State of New York, as represented in Senate and Assembly, do enact as follows: Sec. 1. John J. Owen, Asa D. Smith, George L. Prentiss, William A. Booth, Jo- seph B. Sheffield, Jesse W. Benedict, Walter S. Griffith, Anson G. Phelps, William Hogarth, Jonathan F. Stearns, Henry Smith, Harvey Curtis, John Jenkins, William Darling and William Jessup (designated for the purpose by the General Assembly of 356 FORM OF GOVERNMENT. the Presbyterian Church, which met in Cleveland, Ohio, in May, eighteen hundred and fifty-seven), and their successors in office, are hereby constituted a body corporate and politic, by the name of "The Permanent Committee on Education for the Minis- try of the General Assembly of the Presbyterian Church in the United States of America," whose duty it shall be to superintend the whole cause of education in be- half of the said General Assembly, as said General Assembly may from time to time direct; also to receive, take charge of and disburse any property or funds which, at any time and from time to time, may be entrusted to said General Assembly or said Permanent Committee for educational purposes. Sec. 2. The said corporation shall possess the general powers and be subject to the provisions contained in title three of chapter eighteen of the first part of the revised statutes, so far as the same are applicable, and have not been repealed or modified. Sec. 3. The management and disposition of the affairs and funds of said corporation shall be vested in the individuals named in the first section of this act, and their suc- cessors in office, wh® shall remain in office for such period, and be displaced and suc- ceeded by others, to be elected at such time and in such manner as the said General Assembly shall direct and appoint. Sec. 4. The said corporation shall in law be capable of taking, receiving and hold- ing any real or personal estate which has been or may hereafter be given, devised or bequeathed to it or to said General Assembly for the purposes aforesaid, or which may accrue from the use of the same; but the said corporation shall not take and hold real and personal estate above the sum of two hundred thousand dollars. Sec. 5. This act shall take effect immediately. Passed April 17, 1858. For a full history of the acts of the Assembly, N. S., on the subject see New Digest, pp. 410-423. For the plan which was adopted by the As- sembly in 1861 see 1861, pp. 475-477 ; 1862, p. 249 ; 1864, p. 471. 4. The Board of Education of the Reunited Church. The Joint Committee appointed by the General Assembly of the Pres- byterian Church to adjust the affairs of the " Board of Education," and of the "Permanent Committee on Education," so as to adapt them to the new condition of things in the now united Church, met, according to the call of the chairman of the respective Committees, in the rooms of the Board of Education in Philadelphia, February 9th, and also again at an adjourned meeting May 18th, and after mature consideration they have agreed upon and recommend the following Constitution for adoption by the General Assembly : a. CONSTITUTION OF THE BOAED OF EDUCATION. Article I. Title. There shall be a Board of Education under the corporate title of "The Board of Education of the Presbyterian Church in the United States of America." Article II. Objects. The Board of Education shall be the organ of the General Assembly of the Church for the general superintendence of the Church's work in furnishing a pious, educated and efficient ministry, in sufficient numbers to meet the calls of its congregations, to supply the wants of the destitute classes and regions in our own country, and to go into all the world and preach the gospel to every creature. It shall provide for the collection and judicious distribution of the funds which may be requisite in the proper education of candidates for the ministry under its care, and it shall, in co-operation with the ecclesiastical courts, do whatever may be proper and necessary to develop an active interest in education through- out the Church. OF LICENSING CANDIDATES. 357 Article III. Members. The General Assembly shall elect the members of the Board. The Board shall consist of twelve members (besides those who shall be members ex officio), of whom six shall be ministers and six laymen of the Presbyterian Church. The members shall be divided into three equal classes, consisting of two ministers and two laymen each, to serve respect- ively for the terms of one, two and three years. At any meeting of the Board, regularly convened, five members shall constitute a quorum to transact business. The Board shall also have power to fill any vacancy by resignation, death or otherwise until the next meeting of the General Assembly. Article IV. Officers. Sec. 1. The Board shall elect its officers annually by ballot. They shall consist of a President, Vice President, Corresponding Secretary and Treasurer. The corresponding secretary and treasurer shall be ex officio members of the Board. All other officers must be members of the Board at the time of their election. The Board shall have power, at any of its regular meetings, to fill vacancies which may have occurred in any of the above offices by death, resignation or otherwise, when due notice of such election shall be given. Sec. 2. The Corresponding Secretary shall be the executive officer of the Board. He shall take charge of the office, conduct the correspondence and superintend the publications of the Board, prepare the regular busi- ness for its meetings, and always be considered as its official organ. He shall, as far as he can, visit the Synods and Presbyteries, for the purpose of awakening their interest and concentrating their energies in this work, visit the students aided by the Board, and exercise a general supervision over them, employ the means necessary to bring to the attention of young men the claims and ends of the ministry, and discharge such other duties as may be assigned to him from time to time by the Board, in furtherance of the general object of education for the ministry. He shall also have authority to employ such assistance as in the judgment of the Board may be deemed necessary. Sec. 3. The Treasurer shall have charge of all the funds of the Board, and shall disburse the same under its direction. He shall keep a com- plete register of the students under the care of the Board, and an account with them individually. He shall give bonds for the proper discharge of his duties. Article V. Functions. Sec. 1. The Board shall act through the Presbyteries of the Church. Candidates for the ministry, when properly examined and received by the Presbyteries and recommended for aid to the Board, shall receive the amount specified, within the limits prescribed by the Assembly, provided in all cases that a discretionary power, necessary to the general trust committed, shall be exercised by the Board, and the Board shall re- quire that each recommendation shall be accompanied with such informa- tion as may be necessary to the intelligent and judicious performance of its duties. Sec. 2. It shall exercise a general supervisory care over the students, through annual renewals of recommendations from Presbyteries and quar- terly reports from instructors, through the correspondence of its secretary and his personal visits to literary and theological institutions and the ju- dicatories of the Church, and by other appropriate instrumentalities. 358 FORM OF GOVERNMENT. Sec 3. It shall take all suitable means to inform the Church as to the duties and interests relating to the consecration of her young men to the office of the ministry and their sound and thorough education, and to urge the effective care of her judicatories over them, and it shall make such statements and appeals as are calculated to secure contributions sufficient for the accomplishment of its ends. It shall make a full annual report of its work to the General Assembty. Article VI. Relation of the Presbyteries to the Board. It shall be the duty of each Presbytery to see that collections are taken up annually for this cause in all the churches under its care ; to make the increase of candidates for the ministry a topic of serious consideration in its meetings, at least once a year ; to appoint a standing committee to act for the Presbytery in all matters pertaining to this cause when it is not in session ; to recommend to the Board proper cases for its aid, and to make an annual report of the transactions of the Presbytery on the whole subject to the Board, pre- vious to the meeting of the General Assembly. Article VII. Duties of Synods. It shall be the duty of the Synods to call up this subject annually, to inquire what the Presbyteries and churches under their care are doing in relation to it, and to adopt such measures as shall promote the interests of this department of Christian work. Article VIII. By-Laws. The Board shall have power to make for itself all necessary by-laws, not inconsistent with this Constitution, subject to the approval of the General Assembly. The Joint Committee present also for the consideration of the General Assembly the following resolutions : 1. That the secretary shall have the privilege of a corresponding mem- ber of the General Assembly in the discussion of all matters pertaining to the work of education. 2. That the Board of Education shall be located in the city of Phila- delphia, Pa. 3. It is recommended to the General Assembly to instruct the Board of Education to take such legal steps as are necessary to secure to it the present property of the Board of Education located at Philadelphia, and of the Permanent Committee located at New York, so that this property, and any funds with which either is or may be entrusted, or which may hereafter be received by bequest or otherwise for purposes of ministerial education, shall be managed by one and the same Board and its succes- sors, as trustees thereof, and that said Board have authority to apply for and obtain a charter of incorporation or such modification of the existing charter as they may deem proper. It is further recommended that the wganizations of the "Permanent Committee on Education" and the " Board of Education " be continued, so far as may be necessary for the purpose of holding and transferring to the Board of Education, as ar- ranged by the present General Assembly, such funds and trusts as may have been or shall be committed to them. Adopted.— 1870, pp. 81-84. OF LICENSING CANDIDATES. 359 b. ACT OF INCOKPORATION OF THE BOAED OF EDUCATION. LEGISLATURE OF PENNSYLVANIA. An Act to incorporate The Board of Education of the Presbyterian Church in the United States of America, and to make them the successors of The Trustees of the Board of Education of the Presbyterian Church of the United States of America, and of The Permanent Committee on Education for the Ministry, of the General Assembly of the Presbyterian Church in the United States of America. Whereas, The two religious bodies heretofore existing, each under the name of the General Assembly of the Presbyterian Church in the United States of America, have united the congregations under their care, and the General Assembly of the Church thus united, which met in Philadelphia on the nineteenth day of May, Anno Domini one thousand eight hundred and seventy, and which is the legal successor of both the former bodies, has directed that the work of assisting pious young men in their edu- cation for the ministry of the said Church shall be hereafter carried on under its direc- tion by one Board, the location of which has been fixed in the city of Philadelphia; therefore, Section 1. Be it enacted by the Senate and House of Representatives of the Common- wealth of Pennsylvania in General Assembly met, and it is hereby enacted by authority of the same, That Herrick Johnson, Elias R. Beadle, Thomas J. Shepherd, Benjamin L. Agnew, Peter Stryker, Alexander Eeed, Morris Patterson, Samuel Field, Benjamin B. Comegys, Henry D. Gregory, Benjamin Kendall and James F. Gay ley, who were elected at the said meeting of the said General Assembly in May, Anno Domini one thousand eight hundred and seventy, as The Board of Education of the said Church, and their successors, are hereby constituted and declared to be a body politic and cor- porate, which shall henceforth be known by the name of The Board of Education of the Presbyterian Church in the United States of America, and as such shall have per- petual succession, and be able to sue and be sued in all the courts of record and else- where, and to purchase and receive, take and hold, to them and their successors for ever, lands, tenements, hereditaments, money, goods and chattels and all kinds of estates which may be devised, bequeathed, conveyed or given to them, and the same to sell, alien, demise and convey ; and also to make a common seal and the same to alter and renew at their pleasure ; and also to make such rules, by-laws and ordinances as may be needful for the government of the said corporation, and not inconsistent with the Constitution and laws of the United States and of this State; Provided always, That the clear yearly value of the real and personal estate held by the said corpora- tion shall not at any time exceed the sum of twenty thousand dollars. Section 2. The corporators above named shall hold their office until their succes- sors are duly qualified to take their places, who shall be chosen by the said The Gene- ral Assembly of the Presbyterian Church in the United States of America, at such time and in such a manner as it shall direct ; Provided not more than one-third of the said Board shall be removed in any one year. Section 3. The Board hereby incorporated and their successors shall, subject to the direction of the said General Assembly of the Presbyterian Church in the United States of America, have full power to manage the funds and property committed to their care in such manner as shall be deemed most advantageous, not being contrary to law. Section 4. That the Trustees of the Board of Education of the Presbyterian Church in the United States of America, heretofore incorporated under the laws of this Com- monwealth, are hereby authorized to assign, transfer and convey unto the corporation established by this act all the property, estates and rights of any and every descrip- tion now held or enjoyed, or which may hereafter be held or enjoyed by them, by vir- tue of any grant, gift, bequest or devise, and the said The Board of Education of the Presbyterian Church in the United States of America hereby established shall be and become the full legal successor of all the corporate rights, franchises and privileges now belonging to the said The Trustees of the Board of Education of the Presbyte- rian Church in the United States of America, and shall and may hold, use and enjoy all the property, estates and rights assigned, transferred or conveyed, so as aforesaid, in the same manner and to the same extent, but subject to the same limitations and trusts, as the said The Trustees of the Board of Education of the Presbyterian Church in the United States of America might have done, and shall be entitled to receive, sue for and recover all legacies or devises which have heretofore been or may hereafter be made to the said The Trustees of the Board of Education of the Presbyterian Church in the United States of America. 360 FORM OF GOVERNMENT. Section 5. That in case the requisite power shall be given by the proper authority of the State of New York to the said The Permanent Committee on Education for the Ministry of the General Assembly of the Presbyterian Church in the United States of America, a corporation established by the Legislature of the said State of New York, to assign, transfer and convey unto the corporation established by this act all the property, estates and rights, of any and every description, now held or enjoyed, or which may hereafter be held or enjoyed, by them, by virtue of any grant, gift or bequest or devise, and in case the said proper authority of the State of New York shall also give full power to the corporation hereby established, thereupon to be and become the legal successors of all corporate rights, franchises and privileges now belonging to the said The Permanent Committee on Education for the Ministry of the General Assembly of the Presbyterian Church in the United States of America to all intents and purposes, the said corporation hereby established is authorized to accept and receive the assignment, transfer and conveyance made as aforesaid, and upon such assignment, transfer or conveyance being made, and also upon the granting of power by the proper authority of the State of New York to the corporation hereby established to become the full legal successors as aforesaid of the said The Permanent Committee on Education for the Ministry of the General Assembly of the Presbyte- rian Church in the United States of America, the Board of Education of the Presby- terian Church in the United States of America hereby established shall be and become the full legal successors of all the corporate rights, franchises and privileges now belonging to said The Permanent Committee on Education for the Ministry of the General Assembly of the Presbyterian Church in the United States of America, and may and shall hold, use and enjoy all the property, estates and rights assigned, trans- ferred or conveyed so as aforesaid in the same manner and to the same extent, but sub- ject to the same limitations and trusts, as the said The Permanent Committee on Education for the Ministry of the General Assembly of the Presbyterian Church in the United States of America might have done, and shall be entitled to receive, sue for and recover all legacies and devises which have heretofore been or may hereafter be made to the said The Permanent Committee on Education for the Ministry of the Presbyterian Church in the United States of America. JAMES H. WEBB, Speaker of the House of Representatives. WILLIAM H. WALLACE, Speaker of the Senate. Approved the twelfth day of May, one thousand eight hundred and seventy-one. JOHN W. GEARY, Governor. c. ACT AUTHORIZING THE TRANSFER OF PROPERTY OF THE PER- MANENT COMMITTEE ON EDUCATION TO THE BOARD OF EDU- CATION. LEGISLATURE OF NEW YORK. An Act to enable " The Permanent Committee on Education for the Ministry of the Genera! Assembly of the Presbyterian Church in the United States of America," to transfer its property to the new Board created by the General Assembly, when the same shall have been incorporated, and to vest in such new incorporation the rights, franchises and privileges of the former body. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The said "Permanent Committee on Education for the Ministry of the General Assembly in the United States of America," are hereby authorized and em- powered to assign, transfer and convey to the said The Board of Education of the Presbyterian Church in the United States of America, whenever the same shall have become duly incorporated, all the property, estates and rights of any and every de- scription now held or enjoyed, or which may hereafter be held or enjoyed, by them, by virtue of any grant, gift, bequest or devise, and the said The Board of Education of the Presbyterian Church in the United States of America, whenever the same shall ha^e become duly incorporated as aforesaid, shall thereupon be and become the full legal successors of all the corporate rights, franchises and privileges now belonging to the said "The Permanent Committee on Education for the Ministry of the General Assembly of the Presbyterian Church in the United States of America." Section 2. This Act shall take effect whenever the several persons elected at the OF LICENSING CANDIDATES. 361 meeting of the General Assembly of the Presbyterian Church, in May, eighteen hun- dred and se\ enty, as the Board of Education, shall have been duly incorporated. Approved the twentieth day of April, Anno Domini one thousand eight hundred and seventy -one. JOHN T. HOFFMAN, Governor. d, EULES OF THE BOAED OF EDUCATION EELATING TO CANDI- DATES FOE THE MINISTEY. I. Dependence of the Board of Education upon the Presby- teries of the Church. 1. The Board of Education shall only receive and aid candidates for the ministry of the gospel upon the recommendation of a Presbytery of the Church ; and the Presbytery is responsible for their examination, sub- sequent care, and the designation of the annual amount of aid to be granted to them, within the limits set by the General Assembly. 2. The Board will in each case look specially to the Education Com- mittee of the Presbytery for the notification of the recommendation of a candidate for aid, and for the information required for favorable action upon it ; and is to regard that Committee as the particular agency of the Presbytery for the pastoral care of those who are preparing for the minis- try until their entrance upon its duties. 3. As a general rule, the Board will receive any young man of whose examination and recommendation in conformity with its requirements proper notification has been given, but it may exercise discretionary power to refuse to receive new candidates beyond its ability to support them. II. Reception of Candidates. 1. The encouragement of a young man to undertake the office of the ministry is a matter of most serious concern to himself, the Church and many immortal souls, which should only be ventured upon by those who have sufficient knowledge of his religious and mental character and capa- bilities, with much counsel and prayer, and out of a single anxious desire for the glory of God. He should enter the Presbytery to which he would naturally belong ; and the application for his reception ought usually to be made by his pastor or a member of the Presbyterial Committee on Ed- ucation. 2. The Presbytery, in examining students with a view to their recom- mendation for aid, must embrace such points as are indicated by the fol- lowing questions, to which definite answers by the direction of the Assem- bly will invariably be required by the Board : What is the candidate's name? age? residence? Is the Presbytery satisfied as to his experimental piety? As to his motives for seeking the ministry? As to his talents? As to his health ? As to his promise of practical efficiency ? Is he free from expensive and injurious habits? What is the lowest amount of pe- cuniary aid required to supplement his really necessary expenses till the end of the present collegiate year? Of what congregation is he a mem- ber? How long has he been in the communion of the Church ? What is his stage of study? Where engaged at present? Give the name of a responsible person (usually a member of the faculty of the institution or his pastor) through whom the appropriations can be sent. 3. No candidate shall be received by the Board who has not been a member of the Presbyterian Church or some closely related body for at least one year, who has not been recommended to the Presbytery by the 46 362 FORM OF GOVERNMENT. session of the church of which he is a member, and who is not sufficiently advanced in study to enter college, except in extraordinary cases. III. Appropriations. 1. The annual appropriations to candidates shall not in ordinary cir cumstances exceed $150 to theological or $120 to collegiate students, and not more than $100 to extraordinary cases in the preparatory course. 2. These appropriations shall only be paid to a student on the reception of particular and satisfactory reports from his professors, embracing the following points: Do you know of anything in him inconsistent with a high Christian character ? What is his standing as to scholarship — high, medium or low? (Add if possible his grade.) Is he free from expensive and injurious habits? Are you so satisfied with his promise of future use- fulness that you can consistently recommend him for aid? 3. The Board may increase or diminish, in a general ratio, the appro- priations, in case of unusual surplus or deficiency of funds. 4. In order to suit the period when the students most need assistance, and when the reports from professors can be most satisfactorily made, the reports shall ordinarily be made on the first days of November, January, March and May. The appropriation of a student whose recommendation is made at any time between those days may be expected to commence with the date of it. 5. The Board will in no case be responsible for debts of students, but it is expected of them that its appropriations shall be first applied to the payment of tuition and boarding. 6. The appropriations to candidates shall cease regularly at the close of the collegiate year or earlier; and they shall not be made in case of prolonged ill health which may unfit them for the work of the ministry ; when they are manifestly improvident, or contract debts without reasona- ble prospect of payment ; when they marry ; when they receive assistance from any other educational board or society ; or when from private cir- cumstances they cease to need aid. 7. The sums of money appropriated by the Board shall be refunded to it with interest in case a student fail to enter on or continue in the work of the ministry, unless he can make it appear that he is providentially prevented; if he cease to adhere to the standards of the Presbyterian Church ; if he change his place of study contrary to the directions of his Presbytery, or continue to prosecute his studies at an institution not ap- proved by it or by the Board; or withdraw his connection from the Church of which this Board is the organ without furnishing a satisfactory reason. 8. The pecuniary assistance afforded by the Presbyterian Church, through her Board of Education, is not to be given or regarded as a loan to be refunded by those who comply with these rules and regularly enter the ministry, but as her cheerful contribution to facilitate and expedite their preparation for it ; and they are only obligated by it to warmer in- terest in her efforts for the advancement of the Redeemer's kingdom, and especially to the use of the means necessary to instruct and stimulate her members in the duty of multiplying and sending forth preachers of trie gospel of salvation to all the world. IV. Care of Candidates. 1. Every student is required, except in unusual circumstances and with the explicit permission of his Presbytery, to pursue a thorough course of study, preparatory to that of theology, and when prepared to pursue a OF LICENSING- CANDIDATES. 363 three years' course of theological studies in a seminary connected with the Presbyterian Church ; and no work of preaching is to be allowed to inter- fere with the diligent and faithful prosecution of their prescribed studies until their close. 2. The Board can only rely upon the Education Committee of each Presbytery for the regular care of its own candidates, which should con- sist in the constant exercise of a parental oversight over them in spiritual things, and for the bestowment of the counsel they need, as to their mode of preparation, their places of study, their trials and the occupation of their time, while not engaged in study, in employments which shall tend to qualify them for effective usefulness as pastors or evangelists. 3. The Board shall assist the Presbytery in its care of candidates, by furnishing annually to the Education Committee information from the Professor's reports as to the standing of each student; and the Corre- sponding Secretary shall exercise a general supervisory care over them, and visit and address them, when practicable, at the institutions of learn- ing, in regard to their duties and the claims of the office which they have in view. 4. The recommendation of each candidate must be annually renewed by his Presbytery, if possible, at the fall meeting, in connection with one from the session of the church of which he is a member, and a specification must be made of the amount needed by him, and until the ratification of these has been received a student will not be considered as upon the roll for the year. 5. Recommendations or renewals of them made by an Education Com- mittee in the interim of the sessions of a Presbytery shall be received as sufficient, provided its action is reported to the Presbytery at its next ses- sion, and not countermanded to the Board. 6. If at any time there be discovered in a student such defect in capa- city, diligence, and especially in piety, as would render his introductior into the ministry a doubtful measure, it shall be considered the sacred duty of the Presbytery to cease to recommend him, and that of the Board to withdraw its appropriations. 7. Special care should be exercised by the Presbytery in the examina- tion of students who are about to enter upon the theological course, ac- cording to the instructions of the Form of Government, chap, xiv., sec. iii. This should be conducted by the Presbytery, and be entirely satisfactory as to their " real piety," and " the motives which influence them to desire the sacred office," before they are allowed to take this final step toward assuming its great responsibilities. 8. The periodical publications of this Board and a copy of the Confes- sion of Faith shall be sent gratis to all students under its care. V. Particular Duties of Candidates. 1. Inasmuch as the great aim of the Church, in the establishment of its Board of Education, is the increase of holy and faithful preachers of the gospel, the young brethren who look to this work are earnestly and affectionately reminded that all intellectual acquisitions are of little value without the cultivation of piety, and that they are expected and required to pay special attention to the practical duties of religion, such as reading the Scriptures ; secret prayer and meditation ; occasional acts of special consecration of themselves to Christ and to his service as their Redeemer and as the Lord of all ; attendance on regular meetings on the Sabbath and during the week ; endeavors to promote the salvation of others ; ami the exhibition at all times of a pious and consistent example. 364 FORM OF GOVERNMENT. 2. As the appropriations of the Board necessarily fall short of the en- tire wants of the students, so the friends of each, and the student himself, will be expected to make all proper exertions in assisting to defray the expenses of his education. 3. When a student shall find it necessary to relinquish study for a time in order to increase his means of support, by teaching or otherwise, he shall first obtain the consent of the Education Committee of the Presby- tery or of the Board ; and if, when given, he shall not be absent from study more than three months, his appropriations will be continued ; but if longer, they will be discontinued or continued in part, according to circumstances. 4. It shall be the duty of each candidate connected with the Board to report himself, soon after the meeting of the General Assembly, to the Education Committee of his Presbytery, as to his progress, wants and prospects ; and where any of the requisitions of the Board which affect him may not be carried out by teachers or others, it becomes his duty to see that they are attended to, that delays and losses to himself may be prevented. 5. The reception of an appropriation by a student shall be considered as expressing a promise to comply with all the rules and regulations of the Board. II. Every candidate for licensure shall be taken on trials by that Presbytery to which he most naturally belongs, and he shall be con- sidered as most naturally belonging to that Presbytery within the bounds of which he has ordinarily resided. But in case any candi- date should find it more convenient to put himself under the care of a Presbytery at a distance from that to which he most naturally be- longs, he may be received by the said Presbytery on his producing testimonials, either from the Presbytery within the bounds of which he has commonly resided, or from any two ministers of that Presby- tery in good standing, of his exemplary piety and other requisite qualifications. 1. The Usage in the Olden Time. In answer to the third query, the Synod judge that any student in divinity who professes a design to enter into the ministry has a right in our present situation to study for his improvement under the direction of any divine of reputation in the Synod, according to a former act; but that when he proposes to enter upon trials with a view to the ministry, he shall come under the care of that Presbytery to which he most naturally belongs, and he shall be deemed most naturally to belong to that Presbytery in whose bounds he has been brought up and lived for the most part, and where he is best known. But if another Presbytery desire that any student or stu- dents should come into their bounds, or if any such student or students, for greater conveniency, or from any circumstances that make it necessary, desire to enter upon trials in a different Presbytery, upon his offering sat- isfactory reasons he may be dismissed ; but in either case the Presbytery to which he removes shall not receive nor admit him to come under trials upon his having a certificate as a regular church member only, but he shall bring a testimonial from the Presbytery or several neighboring min- isters where he lived, recommending him as a candidate for the ministry OF LICENSING CANDIDATES. 365 of exemplary piety and holiness of conversation, nor shall anything less be esteemed a sufficient recommendation. — 1764, p. 337. 2. Licensure by Bodies other than those within -whose Bounds the Candidate expects to Labor Disapproved. Though the Synod entertains a high regard for the associated churches of New England, yet we cannot but judge that students who go to them or to any other than our own Presbyteries to obtain license in order to return and officiate among us act very irregularly, and are not to be ap- proved or employed by our Presbyteries, as hereby we are deprived of the right of trying and approving the qualifications of our own candidates ; yet if any case may happen wherein such conduct may in some circum- stances be thought necessary for the greater good of any congregation, it shall be laid before the Presbytery to which the congregation belongs and approved of by them. — 1764, p. 338. [For action condemning the licensing of a candidate of one Presbytery by another without regular dismission, see chap, x., sec. viii.] 3. Candidates should be Placed under the Care of Presbytery. a. It is recommended to the agencies and committees to endeavor to have the young men aided by the Church, especially in their theological studies, placed under the care of Presbyteries, and that in all ordinary cases they be licensed bv those Presbyteries to which they naturally be- long.— 1854, p. 507, K S. b. It is recommended that the young men aided by the Assembly's Committee be ordinarily placed, as soon as possible, under the care of Presbyteries, and that in all ordinary cases they be licensed, if convenient, by the Presbyteries to which they naturally belong. — 1856, p. 224, N. S. c. Resolved, That candidates should be required to put themselves under the care of Presbytery as soon as possible, and receive careful supervision during their entire course, and that whatever arrangements the Presby- teries may deem expedient to facilitate their training, these arrangements should not be such as will tend to shorten the full term of study or induce an absence from their classes at either the opening or closing of the semi- nary sessions. — 1857, p. 31, O. S. See also 1864, p. 315, O. S. 4. Careful Supervision to be Exercised in Receiving- Candidates and over their Studies. Resolved, That this Assembly renew the resolution of the Assembly of last year (minutes, p. 524), and " earnestly urge all our Presbyteries and Committees ad interim to guard w T ith a becoming caution and a firm vigi- lance the door to the holy office of the ministry, so as not to admit to that sacred calling men w T anting in mental and moral qualifications for its high and holy functions." And furthermore, as a means of excluding improper persons, that this Assembly enjoins upon every Presbytery which has not so done to appoint a Committee, whose duty it shall be to make careful inquiry as to the conduct and progress in study of all the candidates under its care, and to make report to their Presbytery at every stated meeting, or oftener if presbyterial action is needed. — 1860, p. 25, 0. S. 366 FORM OF GOVERNMENT. 5. No Candidate to be Received by the Board until he has been a Church Member one year and pursued Classical Studies for one year. That it be recommended that the Board of Education hereafter receive no candidate for the ministry until he has been a member of the Church at least one year, and has also passed his classical studies for an academic year, except in extraordinary cases to be determined by the Board. That increased care be enjoined upon the Presbyteries in bringing for- ward or recommending candidates for the sacred ministry. — 1872, p. 19. 6. Candidates must Connect Themselves with the Presbytery to which they Naturally Belong. That the candidates of the Board be required to connect themselves with the Presbyteries to which they naturally belong, unless for extraor- dinary reasons, of which the Presbyteries must be the judge. — 1872, p. 19. III. It is proper and requisite that candidates applying to the Presbytery to be licensed to preach the gospel produce satisfactory testimonials of their good moral character and of their being regular members of some particular church. And it is the duty of the Pres- bytery, for their satisfaction with regard to the real piety of such can- didates, to examine them respecting their experimental acquaintance with religion and the motives which influence them to desire the sa- cred office. This examination shall be close and particular, and in most cases may best be conducted in the presence of the Presbytery only. And it is recommended that the candidate be also required to produce a diploma of bachelor or master of arts from some college or university, or, at least, authentic testimonials of his having gone through a regular course of learning. 1. A Liberal Education Required. a. Through the Committee of Overtures it was requested by the first Presbytery of Philadelphia that the Synod declare to them their sense on tais point, viz., whether a person without a liberal education may be taken on trials or licensed to preach the gospel. The question being put, it was carried in the negative. — 1783, p. 499. b. An overture was brought in in the following terms, viz. : "Whether in the present state of the Church in America, and the scarcity of minis- ters to fill our numerous congregations, the Synod or Presbyteries ought therefore to relax, in any degree, in the literary qualifications required of intrants into the ministry," and it was carried in the negative by a great majority. — 1785, p. 511. c. To keep Pace with the Progress of Society and Letters. Your Committee recommend to the General Assembly to enjoin it upon all their Presbyteries to take the most effectual order in their power to increase, if possible, the qualifications of candidates for the gospel minis- try with regard both to sincere piety and solid and extensive learning, that the improvements of the pulpit may keep full pace with the progress of society and letters. — 1799, p. 181. OF LICENSING CANDIDATES. 367 2. Letter to Rev. David Rice on Thorough Literary Training for the Ministry. Dear Sir: Your letter of the 18th of April has been regularly laid before the General Assembly ; and although it ought to have been accom- panied with an extract from the minutes of the Presbytery of Transylva- nia, yet the Assembly, having perfect confidence in you, easily waived that formality. The inquiry which you propose in the name of the Presbytery concern- ing the propriety in your present circumstances of licensing and ordain- ing men to the work of the gospel ministry without a liberal education is certainly of great magnitude. Considering the great and ardent zeal on the subject of religion which has been awakened throughout so large a portion of the United States, the multitudes who are earnestly demanding of you the bread of life, and the few, comparatively, who are regularly ordained to break it among them, the reasoning seems specious at first which would encourage us, in the instances you mention, to depart from the spirit of our standards on this subject, and some plausible facts fre- quently occur which appear to confirm this reasoning and mislead the judgments of many honest and well-meaning men. On all subjects on which the human mind is roused to uncommon exertions and inflamed with uncommon ardor, men become eloquent for a season, and even the most weak and ignorant often surprise us by the fluency and pertinency as well as fervor of their expressions. And in general revivals of the spirit of religion that copiousness and pathos in prayer and exhortation which are not uncommonly to be found among men who are destitute of any liberal culture of mind, and often even of any considerable natural talents, may tempt themselves and lead others to conclude that they are endued with peculiar and extraordinary gifts for the service of the Church which ought not to be suffered to lie useless and unemployed. An ardent zeal, too often united with a certain spiritual pride and strong self-love, is apt to inspire some weak persons of an enthusiastic temper- ament with vehement impulses to preach the gospel, which they flatter themselves are calls from heaven, but experience has repeatedly shown us that these inward impulses most commonly affect men of great imbecility of mind or of strong vanity. Experience further shows that when this fervor is somewhat abated, all their barrenness and defect of furniture for the holy ministry, and the sound interpretation of the sacred Scriptures, become manifest, and too many unhappy examples have occurred of those who have abandoned good morals when deserted by their zeal. And with regard to supposed calls to preach the gospel, no man can be rightly called to that sacred office out of the regular order which Christ has established in his Church ; no such inward call can be judged of by any church judi- catory, nor distinguished by any certain criterion from the visionary im- pulses of enthusiasm. The judicatories of the Church can judge only of the life and conversation of men, their knowledge and their talents to teach. Besides, we know that the nature of true religion is to render men hum- ble. And such is the solemnity and importance of the duty of interpret- ing the word of God to the people, and speaking in his name, that a sincere penitent will rather wait to be sought out than forwardly intrude himself into so holy a calling. And do we not find in fact that they are not usually the most prudent, judicious and qualified to teach among the laity who are most solicitous to be constituted public guides and instructors in the Church? We do not say that a liberal education is absolutely essential to a man's 368 FORM OF GOVERNMENT. usefulness in the ministry of the gospel, but reason and experience both demonstrate its high importance and utility. And where ignorant men are permitted to explain the Holy Scriptures, it ought to be subject to the direction and control of others of greater knowledge. But this is an order which it has not been thought proper to adopt in the Presbyterian Church. And the superior comparative prosperity and usefulness of our Church and that of our eastern brethren, which is similarly constituted, is a demonstration by no means equivocal of the approbation and smiles of Heaven upon us in the exercise of our present form of government and dis- cipline. But were our opinion on this subject different from what it is, we cannot lawfully and conscientiously depart from our present standards till they be changed in an orderly manner by the consent of a majority of the Presbyteries which compose the body of the General Assembly. You express your apprehensions lest, if certain illiterate and unquali- fied men should not be admitted to the ministry of the gospel among you, they may withdraw from the Church and become the promoters of dan- gerous schisms. We answer, The path of duty is a safe path. Do what is right, and commit the event to God. If they are men of such a spirit, it is only a new proof that they are most unfit for the office to which they aspire. Parties created by them will neither be important nor durable. But if the gates of the Church are opened to weakness and ignorance, she will soon be overflowed with errors and with the wildest disorders. We shall bring the ministry into disgrace and contempt which should be, like the priesthood of Aaron, without blemish. If men are sincerely desirous of promoting the glory of God, let them first bestow the necessary pains and time to acquire the requisite qualifications for feeding and leading the flock of Christ; let them be regularly initiated in the priesthood, and not hasten to offer unhallowed fire on God's altar. If they are sincerely desir- ous of doing good, let them do it in that sphere in which they appear des- tined by Providence to move. In this every Christian, the poorest and humblest, has ample scope to exercise his pious and benevolent disposi- tions, and to exert his talents, whatever they may be. — 1804. p. 299. 3. Liberal Education Waived in Certain Cases. a. Several very earnest applications were made to the Synod by Welsh people in different parts, representing that many among them understand not the English tongue, and unless they have a pastor capable of speak- ing in their own language they must live entirely destitute of ordinances ; that a certain Mr. John Griffith came some years ago from Wales, with good certificates of his Christian knowledge and piety, though he has not had a liberal education, and of being there licensed to preach the gospel ; that he has preached among them to their great satisfaction, and therefore pray the Synod to ordain him to the ministry that he may both preach and also administer the sacraments among them. Upon considering the case, the Synod find that several members have seen his certificates from Wales, that some have conversed with him and were much satisfied with his Christian knowledge and acquaintance with experimental religion ; that those of the Welsh here who testify to the Synod concerning his useful preaching and pious conduct are known to be men of judgment and integrity; and as the circumstances of that peo- ple are singular, and no other way appears in which they can enjoy ordi- nances, the Synod agree that the said Mr. John Griffith, though he has not the measure of school learning usually required, and which they judge to be ordinarily requisite, be ordained to the work of the ministry, and ap- OF LICENSING CANDIDATES. 369 point Messrs, Samuel Davies, Dr. Allison, Treat, Hunter and Kettletas to be a Presbytery "pro re nata" to ordain him to-morrow at 11 o'clock. — 1758, p. 289. [Mr. Griffith was accordingly ordained.] b. Whereas. From the communications from the Presbytery of Union it appears that the said John Gloucester has been for some time under the care of the Presbytery of Union ; that, in the opinion of that Presbytery, he possesses promising talents and eminent piety ; that he has been for sev- eral years engaged in the study of literature and theology, but has not yet obtained all the literary qualifications usually required in candidates for licensure ; and that if he were licensed there is much reason to believe he might be highly useful in preaching the gospel among those of his own color ; and whereas, said Presbytery requests the advice of the General Assembly; therefore, Resolved, 1. That the General Assembly highly approve the caution and prudence of the Presbytery of Union in this case. 2. That considering the circumstances of this particular case — viz., the evidence of unusual talents, discretion and piety possessed by John Gloucester — the good reason there is to believe that he may be highly useful in preaching the gospel among those of his own color, and the various difficulties likely to attend a further delay in proceeding in this case, the General Assembly did and hereby do authorize the Presbytery of Philadelphia to consider the case of John Gloucester, and if they think proper to license him to preach the gospel.— 1807, p. 387. 4. Theological Instruction. a. Overtures for the Establishment of a Theological School. The Committee [of Bills and Overtures] laid before the Assembly an overture from the Presbytery of Philadelphia for the establishment of a theological school. The overture was read, and the Kev. Dr. D wight* and the Eev. Messrs. Irwin, Hosack, Romeyn, Anderson, Lyle, Burch, Lacy, and Messrs. Bay- ard, Slaymaker and Harrison, elders, were appointed a Committee to take the overture into consideration and report upon it. — 1809, p. 417. The Committee to which was referred the overture in relation to the establishment of a theological school brought in the following report, which, being read, was adopted, viz. : The Committee appointed on the subject of a theological school over- tured from the Presbytery of Philadelphia, report : That three modes of compassing this important object have presented themselves to their consideration. The first is to establish one great school in some convenient place near the centre of the bounds of our Church. The second is to establish two schools in such places as may best accom- modate the northern and southern divisions of the Church. The third is to establish such a school within the bounds of each of the Synods. In this case your Committee suggest the propriety of leaving it to each Synod to direct the mode of forming the school and the pface where it shall be established. The advantages attending the first of the proposed modes are that it would be furnished with larger funds, and therefore with a more extensive * President of Yale College, who sat in the Assembly as a delegate from the General Association of Connecticut. 47 370 FOKM OF GOVERNMENT. library and a greater number of professors. The system of education pursued in it would, therefore, be more extensive and more perfect; the youths educated in it would also be more united in the same views, and contract an early and lasting friendship for each other — circumstances which could not fail of promoting harmony and prosperity in the Church. The disadvantages attending this mode would be principally those derived from the distance of its position from the extremities of the Presbyterian bounds. The advantages attending the second of the proposed modes and the disadvantages will readily suggest themselves from a comparison of this with the other two. The advantages which attend the third — to wit, the establishment of theological schools by the respective Synods — would be the following : The local situation of the respective schools would be peculiarly convenient for the several parts of a country so extensive as that for the benefit of which they were designed. The inhabitants, having the seminaries brought near to them, would feel a peculiar interest in their prosperity, and may be rationally expected to contribute to it much more liberally and generally than to a single school, or even to two. The Synods also, having the im- mediate care of them, and directing either in person or by delegation all their concerns, would feel a similar interest, and would probably be better pleased with a system formed by themselves, and therefore peculiarly suited to the wishes and interests of the several parts of the Church immediately under their direction. Greater efforts, therefore, may be expected from ministers and people to promote the prosperity of these schools than of any other. The disadvantages of this mode would be the inferiority of the funds, a smaller number of professors, a smaller library and a more lim- ited system of education in each. The students also would, as now, be strangers to each other. Should the last of these modes be adopted, your Committee are of opin- ion that everything pertaining to the erection and conduct of each school should be left to the direction of the respective Synods. If either of the first, the whole should be subject to the control of the General Assembly. Your Committee also suggest that in the former of these cases the funds for each school should be raised within the bounds of the Synod within which it was stationed. In the latter they should be collected from the whole body of the Church. Your Committee therefore submit the following resolution, to wit : Resolved, That the above plan be submitted to all the Presbyteries within the bounds of the General Assembly for their consideration, and that they be careful to send up to the next Assembly, at their sessions in May, 1810, their opinions on the subject. — 1809, p. 430. b. Plans Proposed. The Committee appointed to examine the reports of the several Presby- teries on the subject of theological schools, and to report to the Assembly the opinions expressed by them severally on the three different plans sent down for their consideration, reported that after carefully examining the reports of the several Presbyteries on this subject they find the following results : Ten Presbyteries have expressed an opinion in favor of the first plan, viz., the establishment of a single school. One Presbytery has given an opinion in favor of the second plan, viz., the establishment of two schools. Ten Presbyteries have expressed a judgment in favor of the third plan, viz., the establishment of a school in each Synod. Six Pres- byteries have expressed an opinion that it is not expedient at present to OF LICENSING CANDIDATES. 371 attempt the establishment of any school ; and from the remaining Pres- byteries no report has been received. — 1810, p. 439. c. Act Establishing the Seminary. The Committee appointed further to consider the subject of theological schools reported, and the report, being read and amended, was adopted, and is as follows, viz. : That after maturely deliberating on the subject committed to them they submit to the Assembly the following results : 1. It is evident that not only a majority of the Presbyteries which have reported on this subject, but also a majority of all the Presbyteries under the care of this Assembly, have expressed a decided opinion in favor of the establishment of a theological school or schools in our Church. 2. It appears to the Committee that although according to the state- ment already reported to the Assembly there is an equal number of Pres- byteries in favor of the first plan, which contemplates a single school for the whole Church, and in favor of the third plan, which contemplates the erection of a school in each Synod, yet, as several of the objections made to the first plan are founded entirely on misconception and will be com- pletely obviated by developing the details of that plan, it seems fairly to follow that there is a greater amount of presbyterial suffrage in favor of a single school than any other plan. 3. Under these circumstances the Committee are of opinion that as much light has been obtained from the reports of Presbyteries on this subject as would be likely to result from a reneAval of the reference, that no advantage will probably arise from further delay in this important concern, but on the contrary much serious inconvenience and evil, that the present Assembly is bound to attempt to carry into execution some one of the plans proposed, and that the first plan, appearing to have on the whole the greatest share of public sentiment in its favor, ought of course to be adopted. 4. Your Committee therefore recommend that the present General Assembly declare its approbation and adoption of this plan, and immedi- ately commence a course of measures for carrying it into execution as promptly and extensively as possible ; and for this purpose they recom- mend to the Assembly the adoption of the following resolution : 1. Resolved, That the state of our churches, the loud and affecting calls of destitute frontier settlements, and the laudable exertions of various Christian denominations around us, all demand that the collected wisdom, piety and zeal of the Presbyterian Church be without delay called into action for furnishing the Church with a large supply of able and faithful ministers. 2. That the General Assembly will, in the name of the great Head of the Church, immediately attempt to establish a seminary for securing to candidates for the ministry more extensive and efficient theological in- struction than they have heretofore enjoyed. The local situation of this seminary is hereafter to be determined. 3. That in this seminary, when completely organized, there shall be at least three professors, who shall be elected by and hold their offices during the pleasure of the General Assembly, and who shall give a regular course of instruction in divinity, Oriental and biblical literature, and in ecclesi- astical history and church government, and on such other subjects as may be deemed necessary. It being, however, understood that until sufficient funds can be obtained for the complete organization and support of the 372 FORM OF GOVERNMENT. proposed seminary a smaller number of professors than three may be ap- pointed to commence the system of instruction. 4. That exertion be made to provide such an amount of funds for this seminary as will enable its conductors to afford gratuitous instruction, and when it is necessary gratuitous support, to all such students as may not themselves possess adequate pecuniary means. 5. That the Rev. Drs. Green, Woodhull, Romeyn and Miller, the Rev. Messrs. Archibald Alexander, James Richards and Amzi Armstrong, be a Committee to digest and prepare a plan of a theological seminary, em- bracing in detail the fundamental principles of the institution, together with regulations for guiding the conduct of the instructors and the stu- dents, and prescribing the best mode of visiting, of controlling and sup- porting the whole system. This plan is to be reported to the next Gen- eral Assembly. 6. That the Rev. Messrs. Jedediah Chapman, Jonas Coe, William Mor- rison, James Carnahan and Mr. Isaac Hutton of the Synod of Albany; Rev. Drs. Samuel Miller, Philip Milledoler, John B. Romeyn and Aaron Wool worth, the Rev. Messrs. James Richards, Comfort and Isaac Van- doren and Col. Henry Rutgers of the Synod of New York and New Jer- sey ; Rev. Drs. Ashbel Green, John McKnight and James Muir, the Rev. Messrs. Nathaniel Irwin, John Glendy, Archibald Alexander, John E. Latta, John B. Slemmons, John B. Patterson and James Inglis and Mr. Robert Ralston of the Synod of Philadelphia; the Rev. John D. Blair, William Williamson, Samuel Houston, Samuel Doake and Benjamin Grigsby of the Synod of Virginia ; the Rev. Samuel Ralston, James Guthrie, William Speer and James Hughes of the Synod of Pittsburg ; the Rev. Robert G. Wilson, James Blythe, Archibald Cameron and Joshua L. Wilson of the Synod of Kentucky ; the Rev. Drs. James Hall, Henry Kollock and the Rev. Messrs. Malcolm McNair, James Mcllhenny and Andrew Flinn of the Synod of the Carolinas, be and they hereby are appointed agents to solicit donations in the course of the current year, w T ithin the bounds of their respective Synods, for the establishment and support of the proposed seminary ; and if any of said agents should be unable or unwilling to act in this case, it will be his or their duty to in- form the moderator of his or their Synod, for the time being, who is hereby authorized, if he think proper, to appoint a substitute or substi- tutes, as the case may require. These agents are to report to the next General Assembly. Resolved, That the members of this Assembly generally, and all the clergy of our denomination within our bounds, do aid the exertions of those who shall go on in this business. 7. That as filling the church with a learned and able ministry, without a corresponding portion of real piety, would be a curse to the world and an offence to God and his people, so the General Assembly think it their duty to state that, in establishing a seminary for training up ministers, it is their earnest desire to guard as far as possible against so great an evil ; they do hereby solemnly pledge themselves to the churches under their care that, in forming and carrying into execution the plan of the proposed seminary, it will be their endeavor to make it, under the blessing of God, a nursery of vital piety as well as of sound theological learning, and to train up persons for the ministry who shall be lovers as well as defenders of the truth as it is in Jesus, friends of revivals of religion, and a blessing to the Church of God. 8. That as the Constitution of our Church guarantees to every Presby- tery the right of judging of its own candidates for licensure and ordina- OF LICENSING CANDIDATES. 373 tion, so the Assembly think it proper to state most explicitly that every Presbytery and Synod will, of course, be left at full liberty to countenance the proposed plan or not at pleasure, and to seud their students to the pro- jected seminary, or keep them as heretofore within their own bounds, as they think most conducive to the prosperity of the Church. 9. That the professors in the seminary shall not in any case be consid- ered as having a right to license candidates to preach the gospel, but that all such candidates shall be remitted to their respective Presbyteries to be examined and licensed as heretofore. 10. Resolved finally, That Dr. Samuel Miller and Rev. James Richards be a Committee to prepare a draught of an address from this Assembly to the churches under our care, calling their attention to the subject of a theological school, and earnestly soliciting their patronage and support in the execution of the plan now proposed. — 1810, p. 453. d. Agreement with the Trustees of Neiv Jersey College. a. An extract from the minutes of the trustees of the college of New Jersey, stating the appointment of a Committee of their Board to confer with a Committee of this Assembly on the establishment of a theological school, being received, was read, and Drs. Alexander and Nott, the Rev. John P. Campbell, Messrs. Connelly and Bethune, were appointed a Com- mittee to confer with the Committee of the trustees. — 1811, p. 466. b. This Committee reported among other things that they deem it expe- dient on the part of this Assembly to appoint a Committee, with ample powers, to meet a Committee on the part of the trustees of the college of New Jersey, invested with similar powers, to frame the plan of a constitu- tion for the theological seminary, containing the fundamental principles of a union with the trustees of that college and the seminary already es- tablished by them, which shall never be changed or altered without the mutual consent of both parties, provided that it should be deemed proper to locate the Assembly's seminary at the same place with that of the col lege. [The Committee was appointed.] — 1811, pp. 470, 471. e. Terms of Agreement. The following plan of an agreement between a Committee appointed by the last General Assembly and a Committee of the trustees of the college of New Jersey for the location and establishment of a theological semi- nary, was submitted to this Assembly, and was adopted : 1. That the theological seminary about to be erected by the General Assembly shall have its location in Princeton or its immediate vicinity, in the State of New Jersey, and in such connection with the college of New Jersey as is implied in the following articles: 2. That the trustees of the college engage that the General Assembly and directors, to be by them appointed, shall carry into full and complete effect, without any interposition, interference, let or hindrance from them, the trustees or their successors, the whole plan of a theological seminary, as laid down and agreed upon at a meeting of the Assembly in the present year of our Lord, 1811. That is to say, that the said General Assembly shall appoint their directors, choose their professors, carry on their instruc- tion, govern their pupils and manage their funds as to them shall appear best. 3. That the trustees of the college engage to the General Assembly freely to allow them to erect at their own expense, on the grounds belong- ing to the college, such buildings for the accommodation of pupils and 374 FORM OF GOVERNMENT. professors as they may judge proper, and which may not interfere with the buildings and their conveniences already erected by the trustees ; and to prevent all future dissatisfaction on this subject, that it be agreed that when the General Assembly or the directors of the theological seminary may wish to erect any building on the college grounds, and there shall be any discordance of views relative to the same, then the General Assembly or the directors aforesaid shall appoint three men and the Board of Trus- tees the same number, and these six shall choose one man not belonging to either body; and these seven men, by a majority of votes, shall deter- mine whether said building can be properly erected on said grounds, and if so, what shall be the site and size of the same ; and that this determina- tion shall be conclusive and final with both parties. Provided nothing contained in this article shall be understood to prohibit the General As- sembly or the directors of the theological seminary from making use of any other ground, within the limits prescribed in article first, for the pur- poses aforesaid. 4. That the trustees engage to the General Assembly to grant them every practicable accommodation in the buildings now existing, not only till others may be erected by the Assembly, but afterward, so long as the same may be desirable. 5. That the trustees engage to endeavor to receive into the college all the youth whom the Assembly, or the directors by them appointed, may send to it for the purpose of education, subject to such examination at entrance and to such discipline during their residence in college as the other pupils of the college are subjected to, the trustees to receive for the expenses of board, tuition and room-rent the same as for others, and giv- ing to the Assembly the assurance that as pupils increase and the funds of the college will permit, they will reduce as low as possible all the expenses of the pupils under their care. 6. That the trustees agree to receive and hold for the use of the Assem- bly such sums of money as they may voluntarily choose to deposit in the hands of the trustees for improvement, so as to incur no inconvenience to such trustees from the limitation of their charter, and that such sums of money be accordingly invested in such funds as the Assembly shall direct; that the trustees pay the interest thereof, when received, to the order of the Assembly, keep it wholly separate from the funds of the college, and pay over or transfer to the order of the Assembly the principal sum when- ever they shall so direct. 7. That the trustees grant to the professors and pupils of the theologi- cal seminary the free use of the college library, subject to such rules as may be adopted for the preservation of the books and the good order of the same. 8. That if the General Assembly shall wish to establish at Princeton an elementary school for the instruction of youth in such learning as usually precedes their entrance into college, the trustees agree to aid them in this undertaking by every accommodation and all the patronage in their power, so, however, as not to engage to make drafts on the funds of the college for that purpose. 9. That if at any time the General Assembly shall find that the connec- tion between their seminary and the college does not conduce sufficiently to the great purposes contemplated to be answered by the said seminary, they shall be at liberty to remove it to some other place ; and the trustees engage that while the theological seminary shall remain at Princeton no professorship of theology shall be established in the college. 10. That whereas the trustees of the college have in their hands a fund, OF LICENSING CANDIDATES. 375 the annual income of which is nearly eighteen hundred dollars, appropri- ated by the donors to the education of poor and pious youth for the gos- pel ministry of the Presbyterian denomination, the trustees give an assur- ance to the Assembly that if the first of these articles take effect they will pay a high regard to the recommendation of the Assembly or of their directors as to the youth who shall receive the benefit of this fund. Ashbel Green, John Woodhull, Richard Stockton, Committee of the Trustees of New Jersey College. Archibald Alexander, Eobert Ralston, Jacob J. Janeway, John McDowell, Committee of the General Assembly. Princeton, June 26, 1811. —1812, p. 499. /. The Location fixed at Princeton. The resolution for locating the theological seminary was again resumed, and after considerable discussion and special prayer for direction on the important subject, was adopted, and is as follows, viz.: Resolved, That Princeton be the site of the theological seminary, leav- ing the subject open as to its permanency, agreeably to the stipulations agreed upon by the joint Committees of the last Assembly and the trustees of the college of New Jersey.— 1812, p. 497. Resolved, That the permanent location of the theological seminary be in the borough of Princeton, New Jersey, in conformity with the agree- ment with the trustees of the college signed at Princeton, June 26, 1811, and ratified by the General Assembly at their sessions in May, 1812. — 1813, p. 533. 5. The Seminaries. I. PEINCETON THEOLOGICAL SEMINAKY. [The following are all the provisions of the plan of the seminary that are of general interest. Such as relate to the mere internal management are omitted. The plan was drawn up by a Committee (see above, tftle 2, sec. v.) and adopted by the Assembly (Minutes, 1811, p. 472), and subse- quently, by occasional amendments, modified to its present form. In the following articles those sections which have no reference affixed to them stand as originally adopted. All the other seminaries of our Church are organized upon the same essential plan. See Baird, Rev. Ed., pp. 434- 438.] Article I. — Of the General Assembly. Section 1. As this institution derives its origin from the General As- sembly, so that body is to be considered at all times as its patron and the fountain of its powers. The Assembly shall accordingly ultimately sanc- tion all its laws, direct its instructions and appoint its principal officers. Sec. 2. The General Assembly shall choose a Board of Directors, con- sisting of twenty-one ministers and nine ruling elders, by whom the semi- nary shall be inspected and conducted. Of this number one-third, or seven ministers and three elders, shall be chosen annually, to continue in office three years ; and if any vacancy shall occur in the Board by death, resig- nation or incapacity to serve, the Assembly may annually fill up such vacancies. — 1815, p. 581. Sec. 3. All professors of the seminary shall be appointed by the Assem- bly. But in cases of necessity the Board of Directors may employ a suit- 376 FORM OF GOVERNMENT. able person to perform the duties of a professor till a meeting of the As- sembly shall take place. Sec. 4. The General Assembly shall at all times have the power of adding to the constitutional articles of the seminary, and abrogating, altering or amending them ; but in the exercise of this power the contem- plated additions, abrogations, alterations or amendments shall in every case be proposed at one Assembly, and not adopted till the Assembly of the subsequent year, except by a unanimous vote. Article II. — Of the Board of Directors. Sec. 1. The Board of Directors shall meet statedly once in each year at the close of the session, and oftener on their own adjournment if they shall judge it expedient. Nine members of the Board shall be a quorum, provided always, that of this number five at least be ministers of the gos- pel, and the president, or, in case of his absence, one of the vice presidents, be one.— 1841, p. 436. Sec. 2. The Board shall choose out of their own number a President, two Vice Presidents and a Secretary. In the absence of the President and Vice Presidents the senior member shall preside. Sec. 3. The President of the Board, or, in the event of his death, ab- sence or inability to act, the first Vice President, shall, at the request of any three members, expressed to him in writing, call a special meeting of the Board of Directors by a circular letter addressed to each ; in which letter notice shall be given not only of the place and time of meeting, but of the business intended to be transacted at the meeting notified ; and this letter shall be sent at least twenty days before the time of said meeting. — 1812, p. 508. Sec. 4. The Secretary of the Board shall keep accurate records of all the proceedings of the directors; and it shall be his duty to lay these records, or a faithful transcript of the same, before the General Assembly annually, for the unrestrained inspection of all the members. Sec. 7. The Board shall direct the professors of the seminary in regard to the subjects and topics on which they are severally to give instruction to the pupils, so far as the same shall not be prescribed by this plan or by the orders of the General Assembly. Sec. 8. It shall be the duty of the Board of Directors to inaugurate the professors of the seminary, and to direct what forms shall be used, and what services performed, on such occasions. Sec. 9. Every director, previously to his taking his seat as a member of the Board, shall solemnly subscribe the following formula, viz. : "Ap- proving the plan of the theological seminary of the Presbyterian Church in the United States of America, I solemnly declare and promise, in the presence of God and of this Board, that I will faithfully endeavor to carry into effect all the articles and provisions of said plan, and to promote the great design of the seminary." Sec. 10. The Board of Directors shall inspect the fidelity of the pro- fessors, especially in regard to the doctrines actually taught ; and if, after due inquiry and examination, they shall judge that any professor is either unsound in the faith, opposed to the fundamental principles of Presby- terian Church government, immoral in his conduct, unfaithful to his trust or incompetent to the discharge of his duties, they shall faithfully report him as such to the General Assembly. Or if the longer continuance of a professor be judged highly dangerous, the directors may immediately sus- pend him, and appoint another in his place, till the whole business can be reported and submitted to the Assembly. OF LICENSING CANDIDATES. 377 Sec. 11. It shall be the duty of the Board of Directors to watch over the conduct of the students ; to redress grievances ; to examine into the whole course of instruction and study in the seminary ; and generally to superintend and endeavor to promote all its interests. Sec. 12. The Board of Directors shall make in writing a detailed and faithful report of the state of the seminary to every General Assembly, and they may at the same time recommend such measures for the advan- tage of the seminary as to them may appear proper. Article III. — Of the Professors. Sec. 1. The number of the professors in the seminary shall be increased or diminished as the Assembly may from time to time direct. But when the seminary shall be completely organized, there shall not be less than three professors. Sec. 2. No person shall be inducted into the office of professor of divin- ity but an ordained minister of the gospel. Sec. 3. Every person elected to a professorship in this seminary shall, on being inaugurated, solemnly subscribe the Confession of Faith, Cate- chisms and Form of Government of the Presbyterian Church, agreeably to the following formula, viz. : " In the presence of God and of the direct- ors of this seminary, I do solemnly and ex animo adopt, receive and sub- scribe the Confession of Faith and Catechisms of the Presbyterian Church in the United States of America as the confession of my faith, or as a summary and just exhibition of that system of doctrine and religious be- lief which is contained in Holy Scripture, and therein revealed by God to man for his salvation ; and I do solemnly ex animo profess to receive the Form of Government of said Church as agreeable to the inspired oracles. And I do solemnly promise and engage not to inculcate, teach or insinuate anything which shall appear to me to contradict or contravene, either di- rectly or impliedly, anything taught in the said Confession of Faith or Catechisms, nor to oppose any of the fundamental principles of Presby- terian Church government, while I shall continue a professor in this semi- nary." Sec. 4. The salaries of the professors shall be recommended by the di- rectors, but they shall be fixed only by a vote of the General Assembly. Sec. 6. Each professor shall lay before the Board of Directors, as soon as practicable after his appointment, a detailed exhibition of the system and method which he proposes to pursue, and the subjects which he pro- poses to discuss, in conducting the studies of the youth that shall come under his care, and in this system he shall make such alterations or ad- ditions as the Board shall direct ; so that, eventually, the whole course through which the pupils shall be carried shall be no other than that which the Board of Directors shall have approved and sanctioned, con- formably to sec. 8, art. ii. And as often as any professor shall think that variations and additions of importance may be advantageously introduced into his course of teaching, he shall submit the same to the Board of Di- rectors for their approbation or rejection. Sec. 8. Any professor intending to resign his office shall give six months' notice of such intention to the Board of Directors. Sec. 9. The professors of the institution shall be considered as a faculty. They shall meet at such seasons as they may judge proper. In every meeting the senior professor present shall preside. The faculty shall choose a clerk, and keep accurate records of all their proceedings;" which records shall be laid before the directors at every meeting of the Board. 48 378 FORM OF GOVERNMENT. The president of the faculty shall call a meeting whenever he shall judge it expedient, and whenever he shall be requested to do so by any other member. By the faculty, regularly convened, shall be determined the hours and seasons at which the classes shall attend the professors severally, so as to prevent interference and confusion, and to afford to the pupils the best opportunities of improvement. The faculty shall attend to and de- cide on all cases of discipline and all questions of order, as they shall arise. They shall agree on the rules of order, decorum and duty (not in- consistent with any provision in the plan of the seminary, nor with any order of the Board of Directors) to which the students shall be subjected and these they shall reduce to writing, and cause to be publicly and fre- quently read. They shall determine the hours at which the whole of the pupils shall, morning and evening, attend for social worship, and the man- ner in which, and the person or persons of their own number by whom, the exercises of devotion shall be conducted. — 1840, p. 293, O. S. Sec. 10. The faculty shall be empowered to dismiss from the seminary any student who shall prove unsound in his religious sentiments, immoral or disorderly in his conduct, or who may be, in their opinion, on any account whatsoever, a dangerous or unprofitable member of the institu- tion. Sec. 12. It shall be the duty of the professors, under the direction of the Board of Directors, to supply the pupils of the institution with the preaching of the gospel and the administration of the sacraments of the Christian Church, if this supply shall not, in the judgment of the direct- ors, be satisfactorily furnished by a church or churches in the place where the institution shall be established. Article IV. — Of Study and Attainments. Sec. 1. Every student, at the close of his course, must have made the following attainments, viz. : He must be well skilled in the original lan- guages of the Holy Scriptures. He must be able to explain the principal difficulties which arise in the perusal of the Scriptures, either from erro- neous translations, apparent inconsistencies, real obscurities or objections arising from history, reason or argumeut. He must be versed in Jewish and Christian antiquities which serve to explain and illustrate Scripture. He must have an acquaintance with ancient geography, and with Oriental customs which throw light on the sacred records. Thus he will have laid the foundation for becoming a sound biblical critic. He must have read and digested the principal arguments and writings relative to what has been called the deistical controversy. Thus will he be qualified to become a defender of the Christian faith. He must be able to support the doctrines of the Confession of Faith and Catechisms by a ready, pertinent and abundant quotation of Scrip- ture texts for that purpose. He must have studied, carefully and cor- rectly, natural, didactic, polemic and casuistic theology. He must have a considerable acquaintance with general history and chronology, and a particular acquaintance with the history of the Christian Church. Thus he will be preparing to become an able and sound divine and casuist. He must have read a considerable number of the best practical writers on the subject of religion. He must have learned to compose with cor- rectness and readiness in his own language, and to deliver what he has composed to others in a natural and acceptable manner. He must be well acquainted with the several parts and the proper structure of popular lectures and sermons. He must have composed at least two lectures and four popular sermons that shall have been approved by the professors. OF LICENSING CANDIDATES. 379 He must have carefully studied the duties of the pastoral care. Thus he will be prepared to become a useful preacher and a faithful pastor. He must have studied attentively the Form of Church Government, authorized by the Scriptures, aud the administration of it as it has taken place in Protestant churches. Thus he will be qualified to exercise dis- cipline, and to take part in the government of the Church in all its judi- catories. Sec. 2. The period of continuance in the theological seminary shall in no case be less than three years previously to an examination for a certifi- cate of approbation. But students may enter the seminary and enjoy the course of instruction for a shorter time than three years, provided they in all other respects submit to the laws of the seminary, of which facts they may receive a written declaration from the professors. Sec. 3. There shall be an examination of all the pupils in the seminary at every stated meeting of the Board of Directors. Those pupils who shall have regularly and diligently studied for three years shall be ad- mitted to an examination on the subjects specified in this article. All examinations shall be conducted by the professors in the presence of the directors or a Committee of them. Every director present shall be at lib- erty, during the progress of any examination or after the same shall have been closed by the professors, to put to any pupils such questions as he shall deem proper. Every pupil that shall have passed his final exami- nation to the satisfaction of the directors present shall receive a certificate of the same, signed by the professors, with which he shall be remitted to the Presbytery under whose care he is placed, to be disposed of as such Presbytery shall direct. Those who do not pass a satisfactory examina- tion shall remain a longer space in the seminary. — 1819, p. 707. Sec. 4. It shall be the object of the professors to make such arrange- ments in the instruction of their pupils as shall be best adapted to enable them, in the space of three years, to be examined with advantage on the subjects specified in this article. Article V. — Of Devotion and Improvement in Practical Piety. [Omitted.] Article VI. — Of the Students. Sec. 1. Every student applying for admission to the theological semi- nary shall produce satisfactory testimonials that he possesses good natural talents, and is of a prudent and discreet deportment ; that he is in full communion with some regular church ; that he has passed through a reg- ular course of academical study; or, wanting this, he shall submit himself to an examination in regard to the branches of literature taught in such a course. Sec. 2. The first six months of every student in the seminary shall be considered as probationary; and if, at the end of this period, any student shall appear to the professors not qualified to proceed in his studies, they shall so report him to the Board of Directors, who, if they are of the same opinion with the professors, shall dismiss him from the seminary. Sec. 3. The hours of study and of recreation for the students shall be fixed by the professors, with the concurrence of the directors, and every student shall pay a strict regard to the rules established relative to this subject. Sec. 4. Every student shall be obliged to write on such theological and other subjects as may be prescribed to him by the professors once a mon*h, and shall also commit to memory a piece of his own composition, a**i 380 FOKM OF GOVERNMENT. pronounce it in public before the professors and students. — 1840, p. 293. O.S. Sec. 9. Every student, before he takes his standiug in the seminary, shall subscribe the following declaration, viz. : " Deeply impressed with a sense of the importance of improving in knowledge, prudence and piety and in my preparation for the gospel ministry, I solemnly promise, in a reliance on divine grace, that I will faithfully and diligently attend on all the instructions of this seminary, and that I will conscientiously and vigi- lantly observe all the rules and regulations specified in the plan for its instruction and government, so far as the same relate to the students, and that I will obey all the lawful requisitions and readily yield to all the wholesome admonitions of the professors and directors of the seminary while I shall continue a member of it." Sec. 10. The exercises of the seminary shall be suspended during four- teen weeks in every year, the number of vacations and the times at which they shall begin and end to be determined by the Board of Directors. — 1840, p. 293, O. S. Article VII. — Of the funds. Sec. 1. The funds of the institution shall be kept at all times entirely dis- tinct and separate from all other moneys or funds whatsoever, and they shall be deposited in the hands of such corporation, or disposed of for safe keeping and improvement in such other manner, as the General Assembly shall direct. Sec. 2. The Board of Directors shall from time to time, as they may see proper, lay before the Assembly plans for the improvement of the funds, and propositions for the appropriation of such sums as they may think necessary for particular purposes. Sec. 3. No money shall at any time be drawn from the funds but by an appropriation and order of the Assembly for the purpose. Sec. 4. A fair statement shall annually be laid before the Assembly by the proper officer of the amount of the funds belonging to the seminary, of the items which constitute that amount, and of the expenditures in detail for the preceding year. Sec. 5. The intention and directions of testators or donors, in regard to moneys or other property left or given to the seminary, shall at all times be sacredly regarded. And if any individual, or any number of individu- als, not greater than three, shall will, or during his or their lives found or endow a professorship or professorships, a scholarship or scholarships, or a fund or funds destined to special purposes, said professorships, scholar- ships or funds shall for ever afterward be called and known by the name or names of those who founded or endowed them ; and if any congregation, Presbytery, Synod or Association shall found a professorship or professor- ships, or scholarship or scholarships, or a fund or funds, said professor- ships, scholarships or funds shall for ever afterward be called and known by such names as the body founding them shall give. Sec. 6. After supporting the professor, and defraying the other neces- sary charges of the seminary, the funds shall be applied, as far as circumstances will admit, to defray or diminish the expenses of those students who may need pecuniary aid, as well as to lessen generally the expense of a residence at the seminary. b. Election of Directors. That when the Assembly shall proceed to the election of directors of the theological seminary, the clerk shall call on the members severally to OF LICENSING CANDIDATES. 381 nominate any number of persons, not exceeding the number to be elected, if he shall think it expedient to make any nomination. 2. That when the members have been severally called upon in the order of the roll to make a nomination agreeably to the above rule, the names of the persons nominated shall be immediately read by the clerk for the information of the members, and that on the day following the Assembly proceed to elect by ballot the whole number of directors to be chosen. 3. That two members be appointed to take an account of the votes given for the candidates nominated for directors of said theological semi- nary, and to report to the Assembly the number of votes for each of the said candidates who have a plurality of votes, who shall be declared duly elected ; but if the whole number to be elected should not be elected, and two or more of the candidates should have an equal number of votes, then in that case the house shall proceed to elect from the nomination a sufficient number to complete the Board, and shall continue to vote in this manner until the full number specified by the constitution of the theolo- gical seminary be completed. 4. When the votes shall have been counted, and the requisite number of directors shall have been elected in the manner above specified, the moderator shall announce to the Assembly the names of those persons who shall appear to have the highest number of votes and are thus elected.— 1812, p. 503. c. Manner of Electing Professors. That whenever a professor or professors are to be elected, the Assembly by a vote shall determine the day when said election shall be held, which day shall be at least two days after the above determination has been made. Immediately after the vote fixing the day has passed, the Assem- bly shall have a season for special prayer for direction in their choice. The election in all cases shall be made by ballot. The ballots having been counted by two members previously appointed, they shall report a state- ment of said votes to the moderator, and in case there shall appear to be an equal number of votes for any two or more candidates, the Assembly shall proceed either immediately or at some subsequent period of their sessions to a new election. The choice being made, it shall be announced to the Assembly by the moderator. — 1812, p. 503. d. Plan as Amended by the Assembly of 1870. The Committee on Theological Seminaries presented a report on the memorial of the directors of Princeton seminary, with the following reso- lutions, which were unanimously adopted : Resolved, 1. That the plan of the theological seminary at Princeton be changed as follows, viz. : In Article I. — Of the General Assembly. Section 1 shall hereafter read as follows: "As this institution derives its origin from the General Assembly, that body is to be considered its patron and the fountain of its powers." Section 2 shall hereafter read as follows: "The Board of Directors appointed by the Assembly shall have the immediate control of the seminary." Section 3 shall be omitted. Section 4 shall remain as it is. 382 FORM OF GOVERNMENT. In Article II. — Of the Board of Directors. * Section 1 shall hereafter be as follows: "The Board of Directors shall consist of twenty-one ministers and nine ruling elders, and shall have power to fill any vacancies which may hereafter occur in its body, subject always, however, to the veto of the General Assembly." Section 2 shall hereafter be as follows: "The Board of Directors shall have power to elect the professors and to remove them from office, such election and removal to be subject to the veto of the General Assembly. The said Board shall also have power to suspend temporarily a professor, preliminary to and pending an investigation of charges against his life or doctrine." Sections 1, 2, 3, 4, 7, 8, 9, 11, 12 of this article shall hereafter be respect- ively Sections 3, 4, 5, 6, 7, 8, 9, 10 and 11. Section 10 of this article, as it stands, shall hereafter be omitted. Article III. — Of the Professors. Section 1 shall hereafter be as follows : " The number of professors in the seminary shall be increased or diminished as the Board of Directors shall from time to time direct." Section 2 shall remain as it is. Section 3 shall remain as it is. Section 4 shall hereafter be as follows : " The salaries of the professors shall be fixed by the Board of Directors." Sections 6, 8, 9, 10 and 12 of this article shall hereafter be respectively Sections 5, 6, 7, 8 and 9. Resolved, 2. That the salary of each professor be increased to three thousand dollars per annum from May 1, 1869, the increase to be paid out of any unappropriated funds of the seminary in the hands of its trustees. The following changes in Article VII., on the suggestion of the Com- mittee appointed by the Board of Directors of the Princeton theological seminary to examine Article VII. of the plan of the seminary, and to pro- pose to the Assembly such alterations as may bring that article into har- mony with the other alterations proposed in the report of the Board of Directors to the Assembly, were adopted, viz. : Omit Sections 1, 2, 3 and 4, and in lieu thereof insert the follow- ing, viz. : Sec. 1. The Board of Directors are authorized to exercise all the con- trol of the funds belonging to this institution, hitherto exercised by the General Assembly, as far as this can be done consistently with the will of the testators and donors, such as fixing the salary of the professors, regulat- ing the amount required for endowment of scholarships or professorships, and keeping sacred and distinct the different funds already created, or to be hereafter created, for the specific objects for which they are given. Sec. 2. All matters relating to the finances, fixing the salaries of profes- sors, the extent of endowment and the aid of students shall be by the Board of Directors submitted to the trustees of the seminary for their approval. Sec. 3. Fair statements shall be annually presented to the Assembly by the Board of Directors and by the trustees of the amount of funds belonging to the seminary, of the items which constitute that amount, and of the expenditures in detail for the preceding year. Sections 5 and 6 to remain as heretofore, and to be numbered respect- ively 4 and 5.— 1870, pp. 65, 66. * See e, below. OF LICENSING CANDIDATES. 383 e. Substitute for Article 2, Section 1, of the Plan above. That to prevent a possible ambiguity, this Committee, with the appro- bation of the directors and professors of Princeton seminary, propose the following as a substitute for Section 1, Article 2, of the plan of that insti- tution, viz.: "The Board of Directors shall consist of twenty-one ministers and nine ruling elders, of whom one-third, or seven ministers and three elders, shall be chosen by said Board annually, to continue in office three years ; and the Board shall also have power to fill all vacancies which may occur in its body ; all of these elections, however, shall be subject to the veto of the General Assembly, to whom they shall be reported at the next meeting thereafter." Adopted. — 1871, p. 579. [The following report made to the Assembly in 1870 gives in detail the origin of the several seminaries, and their relations to the Assembly at the time of the reunion.] Eeport on Theological Seminaries, 1870. The Committee on Theological Seminaries presented a report, which was adopted, as follows : The number of theological seminaries connected with the General As- sembly, directly or indirectly, is seven. These were founded after different methods and at different epochs, thus representing more or less important changes of sentiments and events in the history of the Church and the country. I. The seminary at Princeton was founded by the General Assembly it- self in the year 1812. Coming into existence in the early part of this cen- tury, immediately after the organization of the American Board of For- eign Missions and the seminary at Andover, when there was a very general unity and co-operation of good men throughout the land, it must be re- garded and honored as the first of those great movements in the Presby- terian Church which looked to the spreading of the kingdom of Christ at home and abroad. II. The seminary at Auburn was founded in the year 1819, for the purpose of training up a ministry in what was then known as " the West- ern country." III. The seminary at Allegheny was established in 1825. Lane Semi- nary, at Cincinnati, in 1829. IV. These three seminaries are associated with two things : 1. The beginning of that tide of emigration from the East to the West which has been rolling and surging onward ever since ; and 2. That spirit of active evangelism which most happily was simultaneous with westward emigra- tion, a new power and life of religion distinguishing that memorable period. V. Union theological seminary, in New York, was founded in the year 18L>6, one year preceding the disruption of the Church. Coming into existence at that extraordinary time, the design of its founders, who were then largely members of churches known after the division as Old School, was, in their own language, " to provide a seminary which might commend itself to all men of moderate views and feelings desiring to live free from party strife, and to stand aloof from all extremes of doctrine and of practice." VI. The seminary at Danville, Ky., was founded in the year 1853. VII. That now at Chicago, 111., was established in that city in the year 1859 by removal from New Albany — dates sufficiently distinct to repre- 384 FOKM OF GOVEKNMENT. sent advanced stages in those conflicts of opinion which subsequently convulsed the country and the Church, and which have not as yet entirely passed away. The seminaries now enumerated were founded not only at different times, but after different methods. Those at Princeton, Allegheny, Dan- ville and Chicago were established by the General Assembly, and are under its direct supervision and control. The seminary at Auburn is controlled by a Board of Commissioners, elected by certain Presbyteries in Central and Western New York, and a Board of Trustees elected by the commissioners. Its faculty, appointed by the Commissioners, report to the General Assembly. Lane seminary, at Cincinnati, and Union seminary, at New York, were founded by individuals, members of the Presbyterian Church, and by their charters, most cautiously prepared, are made Presbyterian institu- tions, recognizing our standards of doctrine and polity, though not under any ecclesiastical control. The administration of these seminaries is after different methods, though in some cases the difference is more in name and form than in essential fact. Princeton seminary is administered by two boards, known as the Board of Directors and the Board of Trustees. The former are elected by the General Assembly in annual classes. The latter, having control of the property, is a close corporation, filling its own vacancies. In like manner, the seminaries at Allegheny, Danville and Chicago have each two ad- ministrative boards — a Board of Directors and a Board of Trustees. Lane and Union seminaries have each but one board — a Board of Trus- tees at Lane, a Board of Directors at Union — by which the property is held and the general control of the seminary is administered, certainly a simpler method, by which all differences of opinion are avoided, such as have arisen and are likely to arise in other seminaries between two separate Boards, one of trust and the other of direction. That the relations of these several theological seminaries, differing in origin and administration, to the reunited Church should be regarded as a matter of no little delicacy and difficulty, was inevitable. On the one hand, it is obvious that a matter so important as the education of its min- istry should in some way be under the supervision and control of the Church, so as to secure the entire and cordial confidence of the Church. On the other hand, there is a liberty and flexibility in the matter which must be respected and allowed. If individuals or associations are dis- posed to found and endow seminaries of their own, there is no power in the Presbyterian Church to forbid it. The difficult task of undertaking to reconcile these ideas and principles received the early and careful attention of the joint Committee on Re- union, as appears from one of the concurrent declarations adopted by both Assemblies, providing for the transfer of those seminaries now under the control of the Assembly to the care and control of one or more adjacent Synods, if they should so elect. The object was to allay the apprehensions of any who might imagine that the sudden acces- sion and intermingling of great numbers might overbear those who had hitherto administered those seminaries which had been under the control of one branch of the Church. It was intended as a measure for the maintenance of confidence and harmony, and not as indicating the best method for all future time. As to any project by which the entire control and administration of all our theological seminaries — for example, as to the election of trustees — OF LICENSING CANDIDATES. 385 can be transferred to the General Assembly, on any princii. le of complete uniformity, your Committee regard it as wholly impracticable, and the attempt to accomplish it altogether undesirable. To bring it about, should it be undertaken, would require an amount of legislation, in six or seven different States, which would be portentous. In some cases alterations of existing charters are impossible, by reason, as in Ohio, of changes in the constitution enacted subsequently to the granting of that charter upon which Lane seminary was incorporated. Surely it would be to the last degree unwise to attempt such alterations in so "many charters, putting in jeopardy so large an amount of property, when the object contemplated may be secured in another and better way. 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 honorably and zealously protected. Your Committee, therefore, would recommend no change, and no at- tempt at change, in this direction, save such as may safely and wisely be effected under existing charters. For example, the directors of the seminary at Princeton have memo- rialized this Assembly, with the request that the Assembly would so far change its " plan " of control over that institution as to give the Board of Directors enlarged rights in several specified particulars, subject to the veto of the General Assembly. Your Committee are unanimously of the opinion that the changes asked for are eminently wise and proper. If it were within the power of the General Assembly to remit the entire administration of this venerable institution to its Board of Directors, without any of the restrictions they have mentioned as to the supply of their own vacancies, they would cor- dially recommend it. But inasmuch as the endowments of this seminary are held on the condition that it should be the property and under the control of the General Assembly of the Presbyterian Church in the United States, that trust cannot be vacated nor transferred to any other body. The method desired and proposed by the directors themselves is open to no such objection, and is believed to be quite within the pro- visions of the law as now defined, being only a convenient and wise mode of executing by the General Assembly itself the trust which it now holds. A memorial has been presented to this Assembly from the directors of Union theological seminary, in New York, bearing upon the point of uniformity as to a certain kind and amount of ecclesiastical supervision. It had appeared to them — many of them having taken an active part in founding that seminary thirty-three years ago, in a time, as already noticed, of memorable excitement — that there were great disadvantages and perils in electing professors and teachers by the Assembly itself, with- out sufficient time or opportunity for acquaintance with the qualifications of men to be appointed to offices of such responsibility. It is self-evident, as your Committee are agreed, that a body so large as the General Assembly, and composed of men resident, most of them, at so great a distance from the several seminaries, is not so competent to arrange for their interests and usefulness as those having local and personal inti- macy with them. Desirous of bringing about as much uniformity as was possible in the relation of the seminaries to the General Assembly of the Church, the directors of Union seminary have memorialized this Assem- bly to the effect that the Assembly would commit, so far as practicable, the general administration of all seminaries now under the control of the 386 FOKM OF GOVERNMENT. Assembly to their several Boards of Directors, proposing, if this be done, to give to the General Assembly what it does not now possess — the right of veto in the election of professors at Union. In this generous 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 direct- ors, inasmuch as these directors hold the property of the seminary in trust. The trustees of Princeton seminary, being one of two Boards, are a close corporation. The directors of Union seminary in New York, being but one Board, are the trustees. Leaving all the diversities of method and administration in the several seminaries intact, save in the particulars hereinafter provided for, your Committee are happy to report that there is one mode of unifying all the seminaries of the Presbyterian Church as to ecclesiastical supervision, so far as unification is in any way desirable. It is* the mode suggested in the seve- ral memorials of the directors of Union and Princeton, and approved, or likely to be approved, from information in our possession, by the directors of Auburn and Lane. This is to give to the General Assembly a veto power upon the appointment of professors in all these several institutions. This seems to your Committee to secure all the uniformity, as to the rela- tion of these seminaries to the Church, which can be necessary to ensure general confidence and satisfaction. Less than this might excite jealousy, more than this is cumbersome and undesirable. Your Committee, in accordance with these views, report the following plan and resolutions: 1. Accepting the offer so generously made by the directors of the Union theological seminary, in New York — a seminary independent hitherto of all direct ecclesiastical control — to invest the General Assembly, with the right of a veto in the election of professors in that institution, this Assem- bly would invite all those theological seminaries not now under the con- trol of the General Assembly to adopt at their earliest convenience the same rule and method, to the end that, throughout the whole Presbyterian Church, there may be uniform and complete confidence in those entrusted with the training of our candidates for the ministry. 2. That the several Boards of Directors of those seminaries which are now under the control of the General Assembly shall be authorized to elect, suspend and displace the professors of the seminaries under their care, subject in all cases to the veto* of the General Assembly, to whom they shall annually make a full report of their proceedings, and to whom their minutes shall be submitted whenever the Assembly shall require them to be produced. These Boards shall further be authorized to fix the salaries of the professors, and to fill their own vacancies, subject in all cases to the veto of the General Assembly. 3. Resolved, That a Committee of five be appointed by the Assembly to propose such alterations in the "plans" of the seminaries now under the control of the Assembly as shall be deemed necessary to carry into effect the principles above stated, and that said Committee report to this or to the next succeeding Assembly. 4. In case the Board of Directors of any theological seminary now under the control of the General Assembly should prefer to retain their present relation to this body, the plan of such seminary shall remain unaltered.— 1870, pp. 50-64. The following report details the progress of the plan for uniformity in the relations of the seminaries to the Assembly: * For time within which the veto may be exercised, see below, 7, 1871, p. 581. OF LICENSING CANDIDATES. 387 II. AUBURN THEOLOGICAL SEMINARY. At the annual meeting of the trustees and commissioners of the theo- logical seminary at Auburn, May 11, 1871, it was Resolved, That the Boards of commissioners and trustees of the Auburn theological seminary are anxious to comply with the proposal of the last General Assembly to submit the election of professors in this institution to the concurrence of that body, and that a joint Committee be appointed to consider whether the proposal of the General Assembly can be complied with without a change of the charter of this seminary; and if in the judg- ment of this Committee such a change in the charter is necessary, the Prudential Committee is hereby authorized to apply to the coming Legis- lature in the name of these two Boards to make it. They further intimate that .one of the embarrassments in their action was that no time was fixed for the action of the General Assembly in the exercise of their proposed veto power. — 1871, p. 579. III. THE WESTERN THEOLOGICAL SEMINARY. At a meeting of the Board of Directors of the Western theological sem- inary, October 14, 1870, it was Resolved, That we accept the powers and authority offered by the action of the General Assembly to the theological seminaries now under the con- trol of the General Assembly, as contained in the second resolution of the report of the Committee on Theological Seminaries, recorded on page 63 of the minutes of 1870.— 1871, p. 579. Plan of the Western Seminary. Introduction. With alterations, as in Baird's Digest, p. 427, Rev. Ed., p. 434. See above, under Princeton seminary, xiv., sec. iii. Article I. — Of the General Assembly. Sec. 1. As this institution derives its origin from the General Assembly, that body is to be considered its patron and the fountain of its power. Sec. 2. The Board of Directors shall have the immediate control of the seminary. Sec. 3. (Now Section 4.) Article II. — Of the Board of Directors. Sec. 1. The Board of Directors shall consist of forty members — twenty- eight ministers and twelve ruling elders — one-fourth to be chosen annually, and shall have power to fill any vacancies which may hereafter occur in the body, subject always, however, to the veto of the General Assembly, the election to be at the regular annual meeting. Sec. 2. The Board of Directors shall have power to elect the professors and to remove them from office, such election and removal to be subject to the veto of the General Assembly. The said Board shall also have power to suspend temporarily a professor preliminary to and pending an investi- gation of charges against his life or doctrine. Secs. 3, 4, 5, 6, 7, 8, 9, 10 and 11 to consist of Sections 1, 2, 3, 4, 7, 8, 9, 11 and 12, as in Baird's Digest, pp. 413 and 414; except, Sec. 3. Strike out the clause requiring the president or one of the vice presidents to be necessary to constitute a quorum. Sec. 5. Strik: out "twenty days," and insert "ten days." 388 FORM OF GOVERNMENT. Sec. 6. Strike out "annually," and insert "when required." Sec. 7. Strike out " or by the order of the General Assembly." Sec. 11. Strike out the last clause. Article III. — Of the Professors. Sec. 1. The number of professors in the seminary shall be increased or diminished as the Board of Directors shall from time to time direct. Secs. 2 and 3. (As now.) Sec. 4. The salaries of the professors shall be fixed by the Board of Directors. Secs. 5, 6, 7, 8 and 9 to consist of 6, 8, 9, 10 and 12. — BairoVs Digest, pp. 415 and 416. Article IV. — Of Study and Attainments. Article V. — Of Devotion and Improvement in Practical Piety. Article VI. — Of the Students. Article VII. — Of the Funds, Sec. 1. The Board of Directors shall exercise all the control of the funds belonging to this institution hitherto exercised by the General As- sembly, as far as this can be clone consistently with the will of the testa- tors and donors, such as fixing the salaries of the professors, regulating the amount required for the endowment of scholarships and professorships, and keeping sacred and distinct the different funds already created, or to be hereafter created, for the specific objects for which they are given. Sec. 2. All matters relating to the finances, except the fixing the sala- ries of the professors, the extent of endowment and the aid of students, shall be by the Board of Directors submitted to the Board of Trustees of the seminary for their approval. Sec. 3. Fair and full statements shall be annually presented to the Gen- eral Assembly by the Board of Directors or by the trustees of the amount of funds belonging to the seminary, of the items which constitute that amount, and of the receipts and expenditures in detail for the preceding year. Secs. 4 and 5 to consist of sections 5 and 6 (Baird's Digest, p. 418), ex- cepting to insert "unless otherwise directed" after the words "endowed them," in Section 4. Article VIII. — Of the Board of Trustees. Sec. 1. The Board of Trustees of the Western theological seminary, as incorporated by the Legislature of the State of Pennsylvania, consists of thirty members, to be elected by the General Assembly when meeting in the State of Pennsylvania, and no more than one-third to be changed in any one year. Sec. 2. To the trustees is committed the custody and disbursement of the funds of the institution for the purposes for which appropriated by the donors, or according to the plan of the seminary. Sec. 3. The Board of Trustees shall meet twice in each year, in April and November, at such times as may be designated, and oftener on their own adjournment or the call of the president. Sec. 4. The officers of the Board shall consist of a President, Vice President, Secretary and Treasurer, to be chosen annually at the spring meeting of the Board, to continue in office till their successors are elected. — 1872, pp. 113-115. Adopted by the Assembly.— 1872, p. 59. OF LICENSING CANDIDATES. 389 c. A Change of Name Authorized. The following resolution also was adopted : Resolved, That the directors and trustees of the Western Theological Seminary be and they are hereby authorized to change the name of the seminary to the Allegheny or Pittsburg theological seminary, and to obtain the necessary legislation, if in their judgment the same be expe- dient.— 187 9 -, p. 93. IV. LANE THEOLOGICAL SEMINAKY. The Board of Trustees of the Lane theological seminary report that they have most cordially adopted this plan by the following action : Every election of a professor in this institution shall be reported to the next General Assembly ; and if said Assembly shall by vote express its disapprobation of the election, the professorship in question shall be ipso facto vacant from and after such vote of the General Assembly, it being understood that in such case it is not the pleasure of this Board that such professor shall continue in office. — 1871, p. 580. V. UNION THEOLOGICAL SEMINAEY. a. A communication was received by the Rev. William Adams, D. D., from the directors of the Union theological seminary in the city of New York, proposing on certain terms to place their institution under the care of the General Assembly. A communication was also received from the directors of the theologi- cal seminary at Princeton, asking that the change contemplated in the above communication may be made, and proposing other matters of inte- rest to the seminary. These communications were referred to the Standing Committee on Theological Seminaries. — 1870 p. 17. The Committee subsequently reported inter alia, as follows : b. Your Committee, in accordance with these views, report the follow- ing plan and resolutions : Accepting the offer so generously made by the directors of the Union theological seminary in New York — a seminary independent hitherto of all direct ecclesiastical control — to invest the General Assembly with the right of a veto in the election of professors in that institution, this Assem- bly would invite all those theological seminaries not now under the con- trol of the General Assembly to adopt at their earliest convenience the same rule and method, to the end that throughout the whole Presbyterian Church there may be uniform and complete confidence in those entrusted with the training of our candidates for the ministry. — 1870, p. 63. c. Memorial of the Directors of Union Theological Seminary in the City of New York to the General Assembly of the Presbyterian Church in the United States of America, New York, May 18, 1870. Whereas, In the recent negotiations for reuniting the two brauches of the Presbyterian Church, great importance was attached to some uniform system of ecclesiastical supervision over the several theological seminaries of the denomination ;.and Whereas, The directors of the Union theological seminary in New York — an institution founded before the disruption of the Presbyterian Church, belonging exclusively to neither of its branches, and administered upon its own independent charter — are desirous of doing all in their power 390 FORM OF GOVERNMENT. to establish confidence and harmony throughout the whole Church, in respect to the education of its members ; and Whereas, It has appeared to many, and especially to those who took an active part in founding the Union theological seminary, that there are many disadvantages, infelicities, not to say at times perils, in the election of professors of those seminaries directly and immediately by the General Assembly itself — a body so large, in session for so short a time, and com- posed of members to so great an extent resident at a distance from the seminaries themselves, and therefore personally unacquainted with many things which pertain to their true interest and usefulness — therefore, be it Resolved, That the Board of directors of the Union theological semi- nary in the city of New York, being all of them ministers or members of the Presbyterian Church, do hereby memorialize the General Assembly to the following effect, viz. : That the General Assembly may be pleased to adopt it as a rule and plan, in the exercise of the proprietorship and control over the several theological seminaries, that so far as the election of professors is concerned the Assembly will commit the same to their respective Boards of Directors 'on the following terms and conditions : First, That the Board of Directors of each theological seminary shall be authorized to appoint all professors for the same. Second, That all such appointments shall be reported to the General Assembly, and no such appointment of professor shall be considered as a complete election if disapproved by a majority vote of the Assembly. And further be it resolved, That the Board of Directors of the Union theological seminary in the city of New York, persuaded that the plan proposed in the memorial will meet the cordial approval of the patrons, donors and friends of all these seminaries, and contribute to the peace and prosperity of the Church, do hereby agree, if the said plan shall be adopted by the General Assembly, that they will agree to conform to the same, the Union seminary in New York being in this respect on the same ground with other theological seminaries of the Presbyterian Church. — 1870, pp. 148, 149. The Assembly complied with this request. See pp. 60-64. VI. DANVILLE THEOLOGICAL SEMINARY. Danville. — The Board of Directors cordially approve the plan of the General Assembly as to harmonious operations of all the theological semi- naries within their jurisdiction, and simply ask further time to perfect the same in their relations to the Assembly. To effect this a Committee has been appointed to investigate the whole subject, and to report to the direct- ors at their next meeting whether they can legally adopt the plan of the Assembly.— 1871, p. 580. In 1872 they report that changes made at this time might affect legal rights, but "that by another year these changes may be safely made." — 1872, p. 120. The Board of Directors of the theological seminary of Danville, Ky., make the following annual report to the General Assembly : The difficulties in the way of our adopting the plan of control recom- mended by the Assembly being removed, we are now prepared to adopt said plan, and suggest the following necessary changes in the presei t plan of the seminary : OF LICENSING CANDIDATES. 391 Amendments to the Plan of the Danville Theological Semi- nary. Second Article. Amend section third, paragraph first, so as to read as fol- lows : " As this institution derives its origin from the General Assembly, that body is to be considered its patron and the fountain of its powers, and it shall be conducted under the authority, oversight and care of the General Assembly." Third Article. Amend by substituting the following instead of para- graphs first and second of section first : " 1. The Board of Directors, as constituted at the expiration of the sessions of the General Assembly of 1873, and their successors appointed in the manner hereafter provided for, shall have the immediate control of the seminary, and are authorized to exercise all the control of the funds belonging to the institution hitherto exercised by the Assembly, as far as can be done consistently with the will of the testators or donors, and consistently with the objects and purposes of the covenants and agreements referred to in the plan of the seminary, the exercise, however, of such control of the funds by the Board of Direct- ors hereby authorized being always subject to the veto of the General Assembly. But all matters relating to finance, such as fixing the salary of professors and the extent of aid to be given to students, shall be sub- mitted by the Board of Directors to the trustees of the seminary for their approval. The true and only intent and meaning of the amendments and changes now made in the plan of the seminary are, through the enlarged powers of general administration herein conferred upon the Board of Directors, to provide a more convenient and effective mode of executing by the General Assembly, through said Board, the trust it now holds in reference to the seminary and its funds, and to increase by a more efficient local administration the usefulness of the institution for the purposes for which it was established. The Board of Directors shall consist of thirty members, of whom one- half shall be ministers of the gospel, and the other half ruling elders in good standing in the Presbyterian Church in the United States of America. These directors shall be divided into three sections of ten persons each, one-half of each section being ministers of the gospel and the other half ruling elders, and one of these sections of ten persons shall be elected by the Board of Directors and all vacancies filled in the other two sections at each annual meeting of the Board, in such manner that each section shall serve three years and until their successors are elected, and the third part of the whole Board shall be elected every year. The form of the elec- tion shall be as the Board shall from time to time prescribe, and all these elections shall be subject to the veto of the General Assembly, to which body they shall be reported at its next meeting thereafter. The members of the Board appointed by the General Assemblies of 1871, 1872 and 1873 shall serve out the terms for which they were respectively appointed, and the first election by the Board itself shall be made at the annual meet- ing in 1874 to fill all vacancies that may exist at that time in its body. In section first, paragraph third, omit all after the word "vacant" in last line but one of the paragraph, and in the next paragraph substitute six for "m«(fl" at the beginning of the third sentence, and add the words "not specially excepted" after the word " business," at the end of that sen- tence. Transfer paragraph first of section second to the end of the article, and substitute in its place the following: "2. The Board of Directors 392 FORM OF GOVERNMENT. shall have power to elect the professors, and to remove them from office, such election and removal being subject to the veto of the General Assem- bly. The said Board shall also have power to suspend temporarily a pro- fessor, preliminary to and pending an investigation of charges against his life or doctrine. In the event of a vacancy in any chair of the seminary, they may employ any suitable person to give instruction temporarily in the vacant department, and they may also, upon the recommendation of the Faculty of the seminary, engage the services of any suitable person to give occasional instruction to the pupils upon any particular subject. In section third, paragraph first, line first, strike out the word " espe- In section fourth, omit paragraphs second, third and fourth. In section fifth, paragraph second, line first, substitute six for "nine" and in the following paragraph strike out the word "particular" in the first line, and in the fifth substitute the word "filled" for the words " brought to the notice of the Assembly." Fourth Article. Instead of the first two paragraphs of section first, sub- stitute the following : 1. The professors of this seminary shall be elected by the Board of Directors at any of their regular meetings, or at a meeting specially called for that purpose, and of which due notice shall have been given. The manner of the election shall be as the Board shall deem proper at the time. They shall hold their respective offices during the pleasure of the Board of Directors. But a quorum of the Board competent to dismiss a pro- fessor shall consist of not less than one-half of all the members. In section second, paragraph first, line second, substitute " Board of Directors" for " General Assembly," and in the third line " Board shall" for " Assembly will," and in the last paragraph of the same section strike out after the word "unless," so that the clause will read, "unless by the consent of the Board of Directors in some lawful meeting." Instead of section third, paragraph first, substitute the following: 3. The professors shall be of equal rank and authority one with another. But when they meet as a Faculty, and when they act jointly upon any occasion, the senior professor present shall preside, and he shall perform, in the name of the whole, all joint official acts. If two or more profes- sors were elected at the same time, the one longest in the ministerial office shall be considered the senior one of them. The Faculty shall elect one of their number to act as their stated clerk, who shall perform the duties proper to that office. To paragraph second of section third add the following words : " the presiding professor having always a right to vote" and in the following paragraph, line third, insert "advisory" between the words "joint" and "oversight." In section fourth, paragraph first, line first, substitute "Board of Direct- ors" for " Assembly," and in the third line " said Board" for " the Assem- bly," and from the enumeration of subjects assigned to the chair first named, strike out the word " Exegetical," and change the title of the chaii named last to "Biblical Literature and Exegetical Theology." To paragraph fourth of section fifth add the following sentence : " Moreover, they shall always meet as a Faculty at the request of any member, whose duty it shall then be to notify his fellow-members of his desire for such a meeting." For paragraph third, section seventh, substitute the following: " It shall be the duty of the professors, under the direction of the Board OF LICENSING CANDIDATES. 393 of Directors, to supply the pupils of the institution with the preaching of the gospel and the administration of the sacraments of the Christian Church, if this supply shall not, in the judgment of the directors, be satis- factorily furnished by some neighboring church or churches." For paragraph first, section ninth, substitute the following : " The sala- ries of the professors shall be fixed by the Board of Directors." In the first line of the following paragraph strike out the words " fur- ther " and " same," and insert the words " of 1853 " after the word " As- sembly." At the end of the article add the following as an additional section : " 10. No professor shall be a member of either the Board of Directors or the Board of Trustees, and the acceptance of a professorship by any member of either of the Boards named shall be regarded as ipso facto the resignation of his seat therein." Seventh Article. In the second section strike out all after the word "begin" in the fourth line, and insert in place thereof the following: " On the first Thursday in September, and terminate on the last Thurs- day in April, with a short recess at the discretion of the Faculty about Christmas."— 1873, pp. 592, 594. Action on the Report Reports have been received from the directors and trustees of this insti- tution. The directors report that, the difficulties in the way of their adop- tion of the plan of control recommended by the Assembly being removed, they have approved and adopted said plan, subject to the approval of the Assembly. The necessary changes in the present plan of the seminary are presented, and after close and careful scrutiny of them the Committee recommend to the Assembly that they be approved, and that the guardian- ship and control of the Danville theological seminary be remitted to the Board of Directors as soon as the existing vacancies shall have been filled, the Assembly being still considered as the patron of the seminary and the fountain of its powers, and retaining a veto power in the election of its directors and professors, and over all the acts of the directors in financial affairs.— 1873, pp. 530, 531. VII. NORTH-WESTERN THEOLOGICAL SEMINARY. a. 3. The Board of Directors of the North-western theological sem- inary report, ... "In regard to the relations of the seminary to the General Assembly, the Board, finding that there are legal points involved in this question which require careful investigation, referred the whole matter to a Committee, with instructions to report to the directors at their next annual meeting in April, 1872." — 1871, p. 580. b. The following Plan of the Seminary was approved by the Assembly. —1872, p. 62. In regard to the relation of the seminary to the General Assembly, the Board have carefully considered the same ; and with entire unanimity, and with the consent and approval of Mr. McCormick, have adopted a report and resolutions, not only approving of the principles of the request and suggestion of the Assembly, but embodying the necessary amendments to the constitution in form, and requesting the Assembly to adopt them. The resolutions and amendments are as follows, viz. : The Committee on the relations of the seminary to the General Assem- bly presented their report, thu;ugh the Hon. Samuel M. Moore, as fol- lows : 50 394 FORM OF GOVERNMENT. Your Committee, to whom was referred the propriety of suggesting such amendments and changes of the constitution of our seminary as may bring the same in harmony with the expressed views of the General Assembly of the Presbyterian Church in the United States of America, would re- port that they have considered the matter, and that they find no objections thereto. They understand that the generous and Christian-spirited donor of the only portion of our property and funds that is held subject to the continuance of the relations of the seminary to the General Assembly con- sents that the management and control may be transferred to the Board of Directors, the Assembly reserving the right to disapprove and forbid in certain matters. We believe the change will redound to the benefit and efficiency of the seminary. Therefore, your Committee recommend the adoption of the following resolutions by this Board, to wit : Resolved, That this Board respectfully request the General Assembly of the Presbyterian Church in the United States of America to consider and adopt the following amendments and changes of the constitution of the Presbyterian theological seminary of the North-west, viz. : 1st. The second, tenth and eleventh articles of said constitution are hereby stricken out. 2d. Sections one, two, three, thirteen and fourteen of the third article are hereby stricken out ; and in lieu of said sections one, two and three, the following are substituted and adopted, to wit : Sec. 1. The Board of Directors shall consist of twenty ministers and twenty ruling elders, of whom one-fourth, or five ministers and five elders, shall be chosen by said Board annually, to continue in office four years and until their successors are elected and qualified. And the Board shall also have power to receive resignations and declinatures, and to fill all vacancies which may occur in its body. All of these elections, however, shall be subject to the veto of the General Assembly, to which they shall be reported at its next meeting. Sec. 2. The Board of Directors shall have power to elect and duly in- duct and inaugurate into office the professors of the seminary, and to re- ceive their resignations ; also to remove them from office, such elections and removals to be subject to the veto of the General Assembly. The Board shall also have power to suspend, temporarily, a professor, prelim- inary to and pending an investigation of charges against his conduct or doctrine. Sec. 3. The Board of Directors shall have the superintendence and control of the seminary and its funds and property. 3d. Articles three, four, five, six, seven, eight and nine are hereby so changed as to be known and designated as articles two, three, four, five, six, seven and eight respectively. 4th. The following is substituted for sub-section three of section twelve, in article three : 3. To make annually to the General Assembly, in writing, a full and faithful report of the whole state of the seminary, and of the transactions of the Board, and also to submit their records, when required, for the inspection of the Assembly. 5th. The following is adopted and designated as Article Nine. This constitution may be altered or amended by a vote of three-fourths of the directors present and voting at a regular annual meeting of the OF LICENSING CANDIDATES. 39.5 Board, such alterations or amendments to take effect and be in force only when the same shall be approved by the General Assembly. Resolved, That directors heretofore appointed whose terms of service have not expired shall serve until the end thereof and until their succes- sors are elected and qualified. And directors appointed by the present General Assembly shall serve as if elected and appointed by the Board of Directors. All of which is respectfully submitted. (Signed) E. W. Patterson, S. M. Moore, H. G. Miller. This report was accepted, considered and adopted. Respectfully submitted by order of the Board of Directors. S. M. Moore, Chairman Executive Committee. —1872, pp. 124-126. Till. GERMAN THEOLOGICAL SCHOOL, NEWARK, N. J. The Board of Directors of the German theological school, Newark, N. J., report that the requirements of the Assembly were met by the pro- curement of a charter, in which the following provisions were inserted : " The first Board of Directors of said corporation shall be ditided into three classes, to be numbered one, two and three ; the term of the first shall expire in one, the second in two and the third in three years from the first day of May last." ..." Each class of directors shall hereafter be chosen for and hold their office during three years, and until a new election to supply the place of such class." The election of three di- rectors to fill vacancies " at the stated spring meeting shall be subject to review at the next General Assembly ; . . . and in case the said General Assembly shall disapprove of such election, the office of the director or directors disapproved of shall thereupon become vacant." The provisions with respect to the relations of the regularly appointed professors the Board propose to incorporate in the constitution of the school. — 1871, p. 580. IX. GERMAN THEOLOGICAL SCHOOL OF THE NORTH-WEST. The constitution of the German theological seminary of the North- west, at Dubuque, Iowa, prescribes that ... "it shall be hereafter the duty of the Board itself to fill the vacancies occurring in their number, whether by expiration of term of office, by resignation, death or other- wise. Said election, however, shall only be deemed valid, and those elected enter upon their office, after approval by the General Assembly." Also, " The Board of Directors . . . shall establish the professorships and appoint the professors and instructors, . . . and always subject to the approval and control of the General Assembly." — 1871, p. 580. X. LINCOLN UNIVERSITY, THEOLOGICAL DEPARTMENT. Lincoln University. — Since the last meeting of the General Assembly the charter of Lincoln university has been so amended, by special act of the Legislature of Pennsylvania, as to place the theological department of that institution under the care of the General Assembly, in accordance with the general plan adopted for the supervision of theological sem- inaries. Resolved, That the General Assembly accept the oversight of the the- 396 FORM OF GOVERNMENT. ological department of Lincoln university, as provided in the amended charter of that institution, and approve the appointments and proceed- ings of the Board of Trustees as reported at this time. — 1871, p. 581. XI. SAN FRANCISCO SEMINARY. The Synod of the Pacific resolved upon the immediate organization of this seminary at its session in Oakland, Cal., in 1871. San Francisco was selected as a suitable location. Fifteen persons were elected direct- ors, viz. : Minister s — Rev. William A. Scott, D. D., Thomas M. Cunningham, D. D., William W. Brier, Aaron L. Lindsley, D. D., Daniel W. Poor, D. D., Sylvester Woodbridge, D. D., Albert F. White, LL.D., William Alexander, and Edward B. Walsworth, D. D. Elders — Hon. H. P. Coon, S. Franklin, C. W. Armes, A. Hemme, S. I. C. Sweezey, and R. J. Trumbull. This Board was organized November 7th, 1871, the Rev. William A. Scott, D. X)., being appointed president. The directors were divided into three classes by lot. The following were elected as a provisional faculty : Rev. William A. Scott, D. D., Professor of Mental Science, Moral Philosophy and Theology. Rev. George Burrowes, D. D., Professor of Hebrew and Old Testament Literature. Rev. Daniel W. Poor, D. D., Professor of Biblical and Ecclesiastical History. Rev. William Alexander, Professor of Biblical Greek and New Testa- ment Literature. The plan of the seminary is entirely in conformity with the pattern of the older and approved institutions of the Church. The directors ask to be received under the care of the Assembly, and in all matters to re- ceive its sanction, in accordance with the action of the Assembly of 1870, as recorded on page 63 of the printed Minutes. Four students have been in attendance upon the instruction of the professors this the first year. Your Committee recommend, 1. The approval of the action of the Synod of the Pacific cpast in the organization of the seminary at San Francisco. 2. The confirmation of the appointment of the Board of Directors. 3. The acceptance of the seminary, as so organized, under the care and supervision of the Assembly. — 1872, p. 64. XII. BLACKBURN UNIVERSITY. The trustees of Blackburn university, at their annual meeting, held in June, 1871, adopted the plan recommended by the Assembly of 1870, by. incorporating into the constitution of the university the following section : " Whenever hereafter any person shall be elected by the trus- tees to fill any professorship in the theological department of the university, the trustees shall report their election to the next General Assembly of the Presbyterian Church in the United States; and if the General Assembly at that meeting shall, by formal vote, refuse to approve of such election, then the person elected by the trustees shall cease to be a professor." The following additional facts respecting Blackburn university will be of interest to this Assembly : OF LICENSING CANDIDATES. 397 The institution was founded by Rev. Gideon Blackburn, D. D., who, in the year 1838, conveyed to a Board of Trustees several thousand acres of land, for the purpose of founding "an institution of learning, the object of which shall be to promote the general interests of education, and to qualify young men for the office of the gospel ministry." The institution was located at Carlinville, 111. The trustees were incorporated in the year 1857 by the Legislature of Illinois, with the name of " The Blackburn Theological Seminary," and at about the same time an academic department was established. In A. D. 1867, the institution was organized as a university, and the follow- ing year its corporate name was changed by the Legislature to that of " Blackburn University." The Board consists of thirteen members, who must be residents of the State of Illinois. At least nine of this number must " be chosen from among persons who are regular members of ^the Presbyterian Church ; and if any trustee thus chosen shall, at any time, cease to be a regular member of the Presbyterian Church, he shall, ipso facto, cease to be a trustee." Every professor appointed in the theological department, also every professor in the collegiate department, whose professorship shall include mental or moral science or metaphysics, and also the president of the university, are required, before they can enter upon the duties of their office, to subscribe their names to the following declaration : " I do hereby avow my sincere belief in the Bible as the word of God, and in the system of doctrines contained in the Westminster Confession of Faith as the system which accords with the word of God ; and I do sol- emnly pledge myself, in all my duties as an instructor and officer in Blackburn university, never knowingly to teach anything in conflict with such system of doctrines." Every other professor or instructor in any department is required also to affirm his "belief in the Bible as the word of God." Thus every department of instruction is secured from all danger from infidel teachings. In view of these facts, your Committee gladly commend the Blackburn university to the Presbyterian Church, and recommend that it be recog- nized and reported as one of the institutions in connection with the Gen- eral Assembly. Adopted. — 1872, p. 65. 7. Limitations of the Time within which the Assembly may exer- cise its Veto in the Election of a Professor. That the Assembly declare that the true meaning of the act subjecting the election of a professor to the veto of the Assembly is that such elec- tion be reported to the next General Assembly thereafter; and if not vetoed by that Assembly, the election shall be regarded as complete, ac- cording to the plan ratified by the Assembly of 1870 ; see Minutes, pp. 64, 65, 148:— 1871, p. 581. IV. Because it is highly reproachful to religion and dangerous to the Church to entrust the holy ministry to weak and ignorant men, the Presbytery shall try each candidate as to his knowledge of the Latin language and the original languages in which the holy Scrip- tures were written. They shall also examine him on the arts and sciences, on theology, natural and revealed, and on ecclesiastical his- tory, the sacraments and church government. And in order to make 398 FORM OF GOVERNMENT. trial of his talents to explain and vindicate, and practically to enforce the doctrines of the gospel, the Presbytery shall require of him — 1. A Latin exegesis on some common head in divinity. 2. A critical exercise, in which the candidate shall give a specimen of his taste and judgment in sacred criticism, presenting an explica- tion of the original text, stating its connection, illustrating its force and beauties, removing its difficulties and solving any important questions which it may present. 3. A lecture or exposition of several verses of Scripture; and, 4. A popular sermon. [On the waiving a liberal education in certain cases, see above, III., 3, a, b.~] V. These, or other similar exercises, at the discretion of the Pres- bytery, shall be exhibited until they shall have obtained satisfaction as to the candidate's piety, literature and aptness to teach in the churches. The lecture and popular sermon, if the Presbytery think proper, may be delivered in the presence of a congregation. That the Presbyteries be required to see that the candidates for licen- sure be well versed in the Catechisms and well furnished with Scripture proof texts. Adopted.— 1868, p. 654, O. S. VI. That the most effectual measures may be taken to guard against the admission of insufficient men into the sacred office, it is recommended that no candidate, except in extraordinary cases, be licensed unless, after his having completed the usual course of aca- demical studies, he shall have studied divinity at least two years under some approved divine or professor of theology. 1. Effort to Extend the Time of Study to Three Years. a. On motion, Resolved, That it be recommended to the several Presby- teries of this Church to consider whether it would be proper to extend the time necessary for young men to apply to the study of divinity before they be taken on trials to three years at least, and to send up a report of their opinion to the next General Assembly. — 1792, p. 60. [No action of Presbyteries is reported.] Rule of a Lower Judicature Unconstitutional. b. The records (of the Synod of New York and New Jersey) were ap- proved, except a vote of that Synod by which they determine it to be constitutional for that Synod to enact, " That, in future, candidates who have the gospel ministry in view be required to attend to the study of divinity at least three years before licensure," which vote was determined by the Assembly to be unconstitutional. — 1792, p. 59. c. Overture Sent Down, but not Adopted. Overture No. 6 was taken up, viz. : Requests from several Presbyteries that the sixth section of chapter xiv. of our Form of Government might OF LICENSING CANDIDATES. 399 oe sent down to the Presbyteries to be so altered as to read " to study theology at least three years, etc." The overtures were read, and it was resolved that the proposed alteration be sent down as an overture to the Presbyteries, and that the Presbyteries be required to send up their answer to this overture in writing to the next General Assembly. — 1835, p. 475. [To this overture, in 1836, thirty-five answered in the affirmative and twenty in the negative. Not a majority. The overture was again referred to the Presbyteries, and in 1837 fifty-two Presbyteries reported in favor and thirty-eight against. Still not a majority, and the matter was dropped. — 1836, p. 276; 1837, p. 438.] 2. Full Term of Three Years Urgently Recommended. a. Resolved, That this Assembly entirely concur in the opinion expressed in the report of the Board of Directors of the theological seminary at Princeton, that it is highly important that theological students continue the full time of three years in the seminary, and complete the whole course of studies prescribed in the plan. — 1834, p. 437. b. Resolved, 1. That this Assembly do approve of the resolution passed by the Board of Directors at their late meeting, with a view of securing the attendance of students during a full course of theological instruction in our seminary. Resolved, 2. That the Assembly notice with regret the prevalence of what they deem a serious evil, not only to the seminary, but to the Church at large, in the number of students who annually leave the institution before the prescribed course of studies is completed. And they do earn- estly recommend to the students, if practicable, to continue the full time prescribed in the plan. — 1826, p. 179. c. Resolved, That in the opinion of this house it is in general highly inexpedient for candidates for the ministry to apply for licensure at such a period of their course of study as would prevent them from finishing the three vears' plan of studies adopted and approved by former Assem- blies.— 1843, p. 187, O. S. 3. A Pledge to a Three Years' Course not Unconstitutional. Resolved, That the General Assembly are deeply impressed with the im- portance of a thorough course of theological study, and would earnestly recommend to their Presbyteries to elevate the standard of education, and that the rule of the Board of Education does not conflict with the Con- stitution when it prescribes the time of study, inasmuch as the Constitu- tion makes two years the shortest time allowed to complete the course of theological study, but does not prescribe the maximum. — 1844, p. 375, O. S. VII. If the Presbytery be satisfied with his trials, they shall then proceed to license him in the following manner: The moderator shall propose to him the following questions, viz.: 1. Do you believe the Scriptures of the Old and New Testaments to be the w r ord of God, and only infallible rule of faith and practice? 2. Do you sincerely receive and adopt the Confession of Faith of this Church as containing the system of doctrine taught in the holy Scriptures ? 3. Do you promise to study the peace, unity and purity of the Church? 400 FORM OF GOVERNMENT. 4. Do you promise to submit yourself in the Lord to the govern- ment of this Presbytery, or of any other Presbytery in the bounds of which you may be called ? VII I. The candidate having answered these questions in the af- firmative, and the moderator having offered up a prayer suitable to the occasion, he shall address himself to the candidate to the follow- ing purpose ; " In the name of the Lord Jesus Christ, and by that authority which he hath given to the Church for its edification, we do license you to preach the gospel wherever God in his providence may call you, and for this purpose may the blessing of God rest upon you and the Spirit of Christ fill your heart! Amen." And record shall be made of the licensure in the following or like form, viz. : At the day of the Presby- tery of having received testimonials in favor of of his having gone through a regular course of literature, of his good moral character, and of his being in the communion of the Church, proceeded to take the usual parts of trial for his licensure; and he having given satisfaction as to his accomplishments in litera- ture, as to his experimental acquaintance with religion, and as to his proficiency in divinity and other studies, the Presbytery did, and hereby do, express their approbation of all these parts of trial ; and he having adopted the Confession of Faith of this Church, and satisfactorily answered the questions appointed to be put to candidates to be licensed, the Presbytery did, and hereby do, license him, the said , to preach the gospel of Christ as a probationer for the holy ministry w 7 ithin the bounds of this Presbytery or wherever else he shall be orderly called. Is it right for a clerk of Presbytery, in recording the licensure of a can- didate, to use any other form than that prescribed in the book? Answered in the affirmative. See above: "And record shall be made of the licensure in the following or like form." — 1866, p. 54, O. S. IX. When any candidate for licensure shall have occasion, while his trials are going on, to remove from the bounds of his own Pres- bytery into those of another, it shall be considered as regular for the latter Presbytery, on his producing proper testimonials from the former, to take up his trials at the point at which they were left and conduct them to a conclusion in the same manner as if they had been commenced by themselves. X. In like manner, when any candidate, after licensure, shall, by the permission of his Presbytery, remove without its limits, an extract of the record of his licensure, accompanied with a presbyterial recom- mendation, signed by the clerk, shall be his testimonials to the Pres- bytery under whose care he shall come. OF LICENSING CANDIDATES. 401 XL When a licentiate shall have been, preaching for a considerable time and his services do not appear to be edifying to the churches, the Presbytery may, if they think proper, recall his license. 1. Limitation of the Time to which a License shall Extend to Four Years. Overture No. 19, from the Synod of Philadelphia, asking the Assembly to define more explicitly the relations of Presbyteries to their licentiates. Also No. 20, from the Presbytery of Philadelphia, North, and No. 21, from the Presbytery of Northumberland, on the same subject. The Committee recommend the Assembly to adopt the following rules: 1. Every license to preach the gospel shall expire at the end of the period of four years, unless the candidate holding the same shall, before the expiration of that time, be called to permanent labor in the work of the Church. But the Presbytery under whose care such licentiate may be may, in its discretion, extend his license for the period of one year. 2. The Presbyteries are enjoined to take the oversight of their licen- tiates and their vacant churches, bringing in the one for the supply of the other, and, through the Home Missionary Committees of the Synods to which the Presbyteries belong, to seek to introduce their candidates to the widest fields of labor, and to furnish them full opportunity of practically showing their fitness for the Christian ministry. Adopted.— 1872, p. 87. 2. The above Rule does not Abridge the Power of the Presby- teries to License in Extraordinary Cases. The Standing Committee on the Polity of the Church leported — 1. A memorial from the Presbytery of Columbus, asking this General Assembly to define the action of the last General Assembly " in limiting the term of licensure (min., p. 87) as not referring to the cases of laymen who are licensed with a view of their higher usefulness, and not with a view to ordination." The Committee recommend this minute as an answer, viz. : The Gene- ral Assembly cannot sanction the practice of licensure as a means to attain a higher measure of usefulness merely, without aiming to reach ordination, as this would be virtually to make two grades of preaching officers. But the rules adopted by the last Assembly, to which the memorial refers, should not be construed as abridging the power and discretion of the Presbyteries to license probationers " in extraordinary cases." Form of Government, xiv., vi. Adopted.— 1873, p. 524. 3. Licentiates Belong to the Laity, and are Subject to the Session. a. The Committee to whom was recommitted Overture No. 1, viz.: The question at what period of their preparatory course are candidates for the Christian ministry to be considered as dismissed from the jurisdiction of the session and transferred to the Presbytery? made a report, which, being read and amended, was adopted, and is as follows, viz. : Whereas, It appears necessary, in order to preserve the purity of the Church, and uniformity of procedure in the judicatories under the care of the General Assembly, that the manner of administering discipline to candidates and licentiates for the gospel ministry, should be distinctly spe- cified ; therefore, 402 FOEM OF GOVERNMENT. Resolied, 1. That as the word of God and the Constitution of the Pres- byterian Church recognize the distinction of laity and clergy, and a sys- tem of procedure in discipline in some respects diverse, as the one or the other of these orders of men is concerned, it becomes the judicatories ol the Church to guard against the violation of this principle in the admin- istration of discipline. 2. That although candidates and licentiates are in training for the gos- pel ministry, and in consequence of this are placed under the care of Presbyteries, and in certain respects become immediately responsible te them, yet they are to be regarded as belonging to the order of the laity till they receive ordination to the whole work of the gospel ministry. 3. That it follows, from the last resolution, that when candidates for the gospel ministry are discovered to be unfit to be proceeded with in trials for the sacred office, it shall be the duty of the Presbytery to arrest their progress, and if further discipline be necessary, to remit them for that pur- pose to the sessions of the churches to which they properly belong, and that when licentiates are found unworthy to be permitted further to preach the gospel, it shall be the duty of the Presbytery to deprive them of their license, and if further discipline be necessary, to remit them for that pur- pose to the sessions of the churches to which they properly belong. 4. That in order to ensure the proper effect of discipline in the perform- ance of the duties which severally belong to sessions and Presbyteries, it will be incumbent on church sessions, when they shall see cause to com- mence process against candidates or licentiates, before Presbytery has arrested the trials of the one or taken away the licensure of the other, to give immediate notice to the moderator of the Presbytery to which the candidates or licentiates are amenable that such process has been com- menced, to the intent that the impropriety may be prevented of an indi- vidual proceeding on trials or continuing to preach, after committing an offence that ought to arrest him in his progress to an investiture with the sacred office ; and when Presbyteries shall enter upon an investigation, with the view of stopping the trials of a candidate or taking away the license of a licentiate, the session to which such candidates or licentiates are amenable shall be immediately informed of what the Presbytery is doing, that the session may if requisite commence process and inflict the discipline which it is their province to administer. — 1829, pp. 263, 264. b. But may Solemnize Marriage if Authorized by Law. Resolved, That while our Form of Government does not recognize licen- tiates as ministers of the gospel, yet this Assembly do not consider them as violating any rules of the Church by solemnizing marriages in those States where the civil laws expressly authorize them to do it. — 18 14, p. 377. OF ELECTION AND ORDINATION. 403 CHAPTEK XV. OF THE ELECTION AND ORDINATION OF BISHOPS OB PASTOBS AND EVANGELISTS. I. When any probationer shall have preached so much to the sat- isfaction of any congregation as that the people appear prepared to elect a pastor, the session shall take measures to convene them for this purpose; and it shall always be the duty of the session to con- vene them, when a majority of the persons entitled to vote in the case shall, by a petition, request that a meeting may be called. 1. Steps to be taken by a Vacant Congregation looking- to the Election of a Pastor. The business left unfinished in the morning was resumed, and after a full discussion of the subject, the motion to sustain the appeal of the ses- sion of the Third Presbyterian Church in this city from the decision of the Synod of Philadelphia, affirming a decision of the Presbytery of Philadel- phia, by which the Presbytery directed the said session, within twenty days from the date of their decision, or after the final determination of the case, to convene the congregation for the purpose of electing a pastor, was determined in the affirmative ; and Dr. Green, Dr. Neill and Mr. Richards were appointed a Committee to prepare a minute stating the principles on which the Assembly sustained the appeal. The Committee appointed to prepare a statement of the principles and grounds upon which the Assembly sustained the appeal of the session of the Third Presbyterian Church in this city reported, and their report, being read and amended, was adopted in the words following, viz. : That both to prevent misapprehension and to aid the congregations and judicatures of this Church in deciding on any similar cases that may arise, the Assembly therefore declare, I. That in vacant congregations which are fully organized the session of each congregation are to determine, under their responsibility to the higher judicatures, when the congregation are prepared to elect a pastor, as directed in the Form of Government of this Church, chap, xv., sec. i. II. That it is the duty of the session, when a congregation is vacant, to use their best endeavors to promote the settlement of a pastor in the same, in the speediest manner possible, consistently with the peace, order and edification of the congregation ; and it is the privilege of the people, or of any portion of them, to complain to the Presbytery when they think that the session, after being suitably requested, neglect or refuse to con- vene the congregation to elect a pastor. III. That it belongs to the Presbyteries to take cognizance of the pro- ceedings of sessions and congregations in the important concern of settling pastors, and to adopt the most effectual measures on the one hand to pre- vent all undue delay by the session or the people, and on the other to pre- vent all precipitancy in the settlement of any minister or the adoption of any system of proceedings in the congregation inconsistent with 'he real and permauent edification of the people. IV. That by the due and discreet observance of these principles by all 404 FORM OF GOVERNMENT. concerned it will be found that, so far from the session of a congregation having it in the.r power to deprive a majority of a congregation of their right to make an election of a pastor when sought in an orderly and Chris- tian manner, or to keep a congregation unsettled for an indefinite length of time, the rights of the people will be most effectually secured, and their precious and inalienable privilege of choosing their own pastor will be exercised by them in the shortest period which their own real benefit will permit. V. That the conviction of this Assembly that the foregoing obvious and constitutional principles had not been duly adhered to in the case be- fore them, that the congregation had not proceeded with a suitable respect to the session, and that the Presbytery did not adopt the most suitable measure when they advised and directed the session to convene the con- gregation in twenty days, has led the Assembly to sustain this appeal as the measure most constitutional, best calculated on the whole to do justice to all the parties concerned, and to point the way to the most speedy set- tlement of the unhappy differences and disorders which have so long ex- isted in the particular congregation immediately concerned. — 1814, pp. 559, 560. II. When such a meeting is intended, the session shall solicit the presence and counsel of some neighboring minister to assist them in conducting the election contemplated, unless highly inconvenient on account of distance; in which case they may proceed without such assistance. [For answer to the question who may moderate a session, see under Form of Government, chap, ix., sec. iv., 2, a, b, c] III. On a Lord's day, immediately after public worship, it shall be intimated from the pulpit that all the members of that congregation are requested to meet on ensuing, at the church or usual place for holding public worship; then and there, if it be agree- able to them, to proceed to the election of a pastor for that congre- gation. IV. On the day appointed, the minister invited to preside, if he be present, shall, if it be deemed expedient, preach a sermon ; and after sermon he shall announce to the people that he will immediately proceed to take the votes of the electors of that congregation for a pastor, if such be their desire, and when this desire shall be expressed by a majority of voices, he shall then proceed to take votes accord- ingly. In this election no person shall be entitled to vote who re- fuses to submit to the censures of the Church regularly administered, or who does not contribute his just proportion according to his own engagements or the rules of that congregation to all its necessary ex- penses. a. Wlw may Vote in the Election of a Pastor. Agreed tint none shall be allowed to vote for the calling of a minister but thofje that shall contribute for the maintenance of him, and that the major vote of these shall be determinative. — 1711, p. 24. OF ELECTION AND ORDINATION. 405 [As adopted by the Synod in 1788, the margin for the direction of the presiding minister read, "The minister shall receive the votes of none but regular members, and who punctually pay toward the support of the Church." This was stricken out in the revision of 1820.] 6. Right of Voting not limited to Communicants unless expressly so Declared. [In sustaining a complaint of R. J. Breckenridge, D. D., et al., "against the Synod of Kentucky in its' action limiting the right of voting in the election of a pastor to communicating members of the Church," the As- sembly — ] Resolved, That the complaint be sustained ; but the Assembly in this judgment does not intend to condemn a practice prevalent in some of our congregations in which the right of voting for pastor is confined to com- municants. — 1863, p. 71, O. S. c. Overture Confining the Vote to Communicants not Adopted. Overture No. 3, being an overture from the Presbytery of Saline, " in favor of the enactment of a law requiring that in the election of pastors, none be permitted to vote except communicants in good and regular stand- ing ;" also, " that when any candidate is before a church, the church shall determine whether he shall be called to the pastorate before any other candidate shall be heard." The Committee recommend for answer: That, in regard to the first point, the enactment of such a law would prohibit a usage quite extensive among the churches, founded upon an interpretation of the present law which has heretofore been sanctioned by the General Assembly. It is, therefore, deemed inexpedient upon the application of a single Presbytery to recommend such alteration in the Form of Government. In regard to the second point it need only be said that the authority asked for is now possessed by each congregation, and may be exercised or not at its plea- sure ; while to make such exercise binding by positive law would deprive all congregations of a present liberty the use of which seems wisely left to their discretion. The report was adopted. — 1867, p. 320, O. S. V. When the votes are taken, if it appear that a large minority of the people are averse from the candidate who has a majority of votes, and cannot be induced to concur in the call, the presiding minister shall endeavor to dissuade the congregation from prosecuting it fur- ther. But if the people be nearly or entirely unanimous, or if the majority shall insist upon their right to call a pastor, the presiding minister, in that case, after using his utmost endeavors to persuade the congregation to unanimity, shall proceed to draw a call in due form, and to have it subscribed by the electors, certifying at the same time in writing the number and circumstances of those who do not concur in the call ; all which proceedings shall be laid before the Presbytery, together with the call. VI. The call shall be in the following, or like form, namely: The congregation of being, on sufficient grounds, well satisfied of the ministerial qualifications of you and 40(5 FORM OF GOVERNMENT. having good hopes from our past experience of youi labors that your ministrations in the gospel will be profitable to our spiritual interests, do earnestly call and desire you to undertake the pastoral office in said congregation ; promising you, in the discharge of your duty, all proper support, encouragement and obedience in the Lord. And that you may be free from worldly cares and avocations, we hereby prom- ise and oblige ourselves to pay to you the sum of in reg- ular quarterly (or half yearly or yearly) payments during the time of your being and continuing the regular pastor of this church. In tes- timony whereof we have respectively submitted our names this day of A. D. Attested by A. C, moderator of the meeting. 1. Early Action.— Glebe and Parsonage Recommended. a. That in every congregation a Committee be appointed, who shall twice in every year collect the minister's stipend and lay his receipts before the Presbytery preceding the Synod, and at the same time that ministers give an account of their diligence in visiting and catechising their people. The Synod recommends that a glebe, with a convenient house and ne- cessary improvements, be provided for every minister. — 1766, p. 359. b. As it appears the interest of religion is in danger of suffering greatly at present from the many discouragements under which the ministers of the gospel labor from the want of a sufficient support and liberal mainte- nance from the congregations they serve, the Synod appoint a Committee to take this matter into consideration and report thereon to the next Synod. Ordered, That Drs. Witherspoon, Ewing and Spencer be a Committee for this purpose. — 1782, p. 495. Said Committee brought in their report, which was read and consid- ered ; whereupon, Ordered, That Drs. Witherspoon and Spencer, with Mr. S. Smith, be a Committee to prepare a draught of a pastoral letter to the congregation under the inspection of Synod, as also to prepare some resolves to be passed by Synod and accompany said letter, the whole to be brought in to-morrow morning. — 1783, p. 499. [The letter was brought in, amended and ordered to be published.] 2. Adequate Provision to be Urged. a. [The Assembly enjoins it upon all the Presbyteries] "that they will endeavor, as far as the state of society in different parts of our Church will permit, to withdraw the ministers of the gospel from every worldly avocation for the maintenance of themselves and families, that they may devote themselves entirely to the work of the ministry ; and that for this end they labor to convince the people of the advantage that will accrue to themselves from making such adequate provision for the support of their teachers and pastors, that they may be employed wholly in their sacred calling ; and in those places where it may be found prudent and practicable, that they devise means to have the contracts between congre- gations and pastors examined in the Presbyteries at stated periods, in- quiries instituted with regard to the reciprocal fulfillment of duties and OF ELECTION AND OKDINATTON. 407 engagements, and endeavors used to promote punctuality and fidelity in both parties, before distress on one side or complaint on the other grow to a height unfavorable to the interests of religion. — 1799, p. 181. b. With pain we have heard that in some parts of our Church the dis- position to support the gospel ministry is becoming cold. We lament this appearance the more because we learn that there is no backwardness to advance money for objects which, though laudable in themselves, are sub- ordinate in importance to the preaching of the word. We trust that our people possess too much good sense and too much respect for the God who made and redeemed them to listen to the dreams of men who neither know what they say nor whereof they affirm. These do not hesitate to libel an ordinance of the living God to promote their selfish views, their degrading prejudices. God hath said, "Whosoever serveth at the altar shall live of the altar." But these say, No ; the min- istry must be kept in want that they may be kept humble. We fervently wish that the men who thus act toward the ministry would, to be consistent, apply their reasoning to themselves. We do not hesitate to say that the profession of religion which is connected with the disposition to abridge the means of supporting the gospel is at best suspi- cious. Men who do so practically say, We love our bodies more than our souls — our temporal substance more than our eternal inheritance. It is among the foulest blots of the Christian name that in so many instances the confession is made of the heart being opened to receive the truth in the love of it, whilst at the same time great reluctance is displayed in giving worldly substance for the service of Him who alone changes the heart. One of the best evidences of the power of religion is an increase of lib- erality in relation to all those objects which regard the salvation of souls and the liberality of Zion. We hope that they who have in this respect gone back will, without delay, retrace their steps and redeem their name from reproach or suspicion. — 1811, p. 485. 3. Liberality in Support of the Ministry Urged. a. The following preamble and resolution, proposed by Elder Walter S. Griffith, was unanimously adopted : Whereas, It is highly important to our churches that they be served by competent ministers, who shall be free from worldly cares and avocations ; whereas, the law of Christ expressly declares "that they which preach the gospel should live of the gospel," and that he " that is taught in the word" should "communicate unto him that teach eth in all good things," thus making it the solemn duty, as it is clearly the interest, of Christian churches to provide for their ministers a competent and liberal support ; whereas, the cost of the necessities of life has advanced so greatly as to render the salaries heretofore paid to many of our ministers entirely inadequate, causing to them and to their families great anxiety and distress; and whereas, this subject demands at this time, and should not fail to attract, the special attention of every Christian ; therefore, Resolved, That the General Assembly earnestly exhort all the churches under their care to consider this question in the spirit of Christian fidelity and liberality, and to make ample provision for those who minister to them in word and doctrine, stipulating so to increase their compensa- tion, when necessary, as to make their salaries fully adequate to their comfortable support, in view of the enhanced expenses of living, and pav- ing the amount agreed upon with honorable and Christian promptitude. — 1854, p. 499, N. S. 408 FORM OF GOVERNMENT. b. [A memorial from the Synod of New York on the subject of minis- terial support was referred to a Committee exclusively of elders, one from each Synod.] Judge Fine, from the Special Committee on Ministerial Support, pre- sented a report, which was read, amended and adopted, the resolutions being as follows, viz. : 1. Resolved, That we affectionately and earnestly recommend to the churches under our care that they scrupulously avoid holding out any inducements to a minister to become their stated supply, or settled pastor, which will not be realized. 2. Resolved, Thai we earnestly recommend to every Presbytery that, unless suitable provision be made for the support of a minister or stated supply, they decline to give their aid or sanction, as a Presbytery, to settle him in any congregation which is able to furnish such suitable provision. 3. Resolved, That we recommend to the elders and deacons and trus- tees of our churches and congregations to meet together on some day be- fore the first of November next, and yearly thereafter, or oftener if neces- sary, and institute the inquiry whether the minister or stated supply is properly and fully supported, and if they find that he is not so supported, to take immediate measures to increase his support, and report to their Presbytery at its next meeting. 4. Resolved, That we recommend to the Presbyteries to require of every minister to preach on the subject of ministerial support — "that, laying aside all false delicacy, they enlighten their people upon this as upon any other branch of Christian duty, pleading not for themselves, but for their Master, if happily they may reclaim their respective charges from a griev- ous sin which must bring down God's displeasure" — and that the Presby- teries call upon every minister to answer whether he has complied with their injunction. — 1854, p. 40, O. S. [For the report accompanying the resolutions and ordered to be pub- lished and read in the churches, see Baird's Collection, Revised Edition, pp. 199-203.] 4. Presbytery may Refuse to Install when the Salary is Insuffi- cient. From the church of Paris, Illinois : " When a congregation and minis- ter agree on the amount of salary to be paid and received, and both par- ties, being fully satisfied, request that the pastoral relation be constituted according to the order of the Presbyterian Church, has Presbytery the right to refuse to install because, in their judgment, the salary is insuffi- cient ?" Answered in the affirmative. — 1855, pp. 272-282, O. S. 5. Congregations Urged to Procure Parsonages. a. For the purpose of facilitating the settlement and support of pastors and to guard more effectually against the temptation, or almost necessity, as in some cases seems to exist, for ministers to involve themselves, to the injury of their usefulness, in procuring accommodations for themselves and families, 1. Resolved, That it be earnestly recommended to our churches, wherever it is expedient and practicable, to provide suitable parsonages for the ac- commodation of their pastors. 2. Resolved, That great care be taken to have these parsonages so guarded by legal arrangements as most effectually to prevent controversy and secure their perpetual enjoyment by the churches providing them for OF ELECTION AND ORDINATION. 409 the continued support of the gospel through coming generations. — 1843, p. 193, O. S. b. Resolved, 2. That the Presbyteries be instructed to appoint Standing Committees on Manses, so that the subject may be brought regularly and statedly before them for consideration, and that information may be dis- seminated widely among the churches. Resolved, 3. That ministers and elders be requested to press this matter upon the attention of the churches and people, and strive to create and extend a healthy state of mind and feeling on the subject, and stimulate them in the effort to provide manses, and, even in those churches where the way may not be clear to build at once, urge upon them the work of prep- aration by securing suitable lots of ground for building when the proper time may come, and that such provision of ground, whether in town or country, should be on a liberal scale. — 1872, p. 37. VII. But if any congregation shall choose to subscribe their call by their elders and deacons, or by their trustees, or by a select com- mittee, they shall be at liberty to do so. But it shall, in such case, be fully certified to the Presbytery by the minister, or other person who presided, that the persons signing have been appointed for that pur- pose by a public vote of the congregation, and that the call has been in all other respects prepared as above directed. VIII. When a call shall be presented to any minister or candidate, it shall always be viewed as a sufficient petition from the people for his installment/ The acceptance of a call by a minister or candidate shall always be considered as a request on his part to be installed at the same time, and when a candidate shall be ordained in consequence of a call from any congregation, the Presbytery shall at the same time, if practicable, install him pastor of that congregation. IX. The call, thus prepared, shall be presented to the Presbytery under whose care the person called shall be ; that if the Presbytery think it expedient to present the call to him, it may be accordingly presented, and no minister or candidate shall receive a call but through the hands of the Presbytery. X. If the call be to a licentiate of another Presbytery, in that case the commissioners deputed from the congregation to prosecute the call shall produce to that judicatory a certificate from their own Presby- tery, regularly attested by the moderator and clerk, that the call has been laid before them, and that it is in order. If that Presbytery present the call to their licentiate and he be disposed to accept it, they shall then dismiss him from their jurisdiction and require him to repair to that Presbytery into the bounds of which he is called, and there to submit himself to the usual trials preparatory to ordination. [To facilitate the business and avoid expense and delay, it has become common usage for the candidate to obtain a dismission to the Presbytery 52 410 FORM OF GOVERNMENT. within whose bounds is the congregation seeking his services \ being re- ceived by that Presbytery, the proceedings are as in the case of their own candidates. See IX., above, M.] XI. Trials for ordination, especially in a different Presbytery from that in which the candidate was licensed, shall consist of a careful examination as to his acquaintance with experimental religion ; as to his knowledge of philosophy, theology, ecclesiastical history, the Greek and Hebrew languages, and such other branches of learning as to the Presbytery may appear requisite ; and as to his knowledge of the con- stitution, the rules and principles of the government and discipline of the church ; together with such written discourse or discourses founded on the word of God as to the Presbytery shall seem proper. The Presbytery, being fully satisfied with his qualifications for the sacred office, shall appoint a day for his ordination, which ought to be, if convenient, in that church of which he is to be the minister. It is also recommended that a fast day be observed in the congregation previous to the day of ordination. I. Ordination on the Sabbath Discouraged, but at the Discretion of the Presbytery. An overture was received from the Presbytery of Orange, requesting the opinion of the General Assembly on the question whether it be proper to ordain licentiates to the office of the gospel ministry on the Sabbath day. The General Assembly think it would not be for edification to adopt a uniform rule on the subject. In general they think it is not expedient that ordinations should take place on the Sabbath, yet that there may be cases in which urgent or peculiar circumstances may demand them. The Assembly, therefore, judged it best to leave it to the Presbyteries to act in this concern as they may judge that their duty requires. — 1821, p. 10. [For qualifications of the candidate in knowledge of and assent to the Confession, Catechisms, etc., see under Form of Government, chap. i. t II, 12 and 13.] XII. The day appointed for ordination being come, and the Pres- bytery convened, a member of the Presbytery, previously appointed to that duty, shall preach a sermon adapted to the occasion. The same, or another member appointed to preside, shall afterward briefly recite from the pulpit, in the audience of the people, the proceedings of the Presbytery preparatory to this transaction. He shall point out the nature and importance of the ordinance, and endeavor to impress the audience with a proper sense of the solemnity of the transaction. Then, addressing himself to the candidate, he shall propose to him the following questions, viz. : 1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, the only infallible rule of faith and practice? 2. Do you sincerely receive and adopt the Confession of Faith of OF ELECTION AND ORDINATION. 411 this Church as containing the system of doctrine taught in the Holy Scriptures ? 3. Do you approve of the government and discipline of the Pres- byterian Church in these United States? 4. Do you promise subjection to your brethren in the Lord ? 5. Have you been induced, as far as you know your own heart, to seek the office of the holy ministry from love to God, and a sincere desire to promote his glory in the gospel of his Son ? 6. Do you promise to be zealous and faithful in maintaining the truths of the gospel and the purity and peace of the Church, what- ever persecution or opposition may arise unto you on that account ? 7. Do you engage to be faithful and diligent in the exercise of* all private and personal duties which become you as a Christian and a minister of the gospel, as well as in all relative duties and the public duties of your office, endeavoring to adorn the profession of the gos- pel by your conversation, and walking with exemplary piety before the flock over which God shall make you overseer ? 8. Are you now willing to take the charge of this congregation, agreeably to your declaration at accepting their call ? And do you promise to discharge the duties of a pastor to them as God shall give you strength ? The Assent Embraces the Larger and Shorter Catechisms. Overture No. 1. The following inquiry from members of the Presby- tery of Nashville : " When ministers and other officers are ordained in the Presbyterian Church, and give an affirmative answer to the question, Do you sincerely receive and adopt the Confession of this Church as con- taining the system of doctrines taught in the Holy Scriptures ? are such ministers and officers to be understood as embracing and assenting to the doctrines, principles, precepts and statements contained in the Larger and Shorter Catechisms in the same unqualified sense in which they are under- stood to embrace and assent to the doctrines, principles, precepts and statements contained in other parts of the Confession of Faith ?" The Committee recommended that the question be answered in the affirmative ; and the recommendation was adopted. — 1848, p, 18, O. S. XIII. The candidate having answered these questions in the affirm- ative, the presiding minister shall propose to the people the following questions : 1. Do you, the people of this congregation, continue to profess your readiness to receive whom you have called to be your minister? 2. Do you promise to receive the word of truth from his mouth with meekness and love, and to submit to him in the due exercise of discipline? 412 FOKM OF GOVERNMENT. 3. Do you promise to encourage him in his arduous labor, and tc assist his endeavors for your instruction and spiritual edification ? 4. And do you engage to continue to him, while he is your pastor, that competent worldly maintenance which you have promised, and whatever else you may see needful for the honor of religion and his comfort among you ? XIV. The people having answered these questions in the affirma- tive, by holding up their right hands, the candidate shall kneel down in the most convenient part of the church. Then the presiding min- ister shall by prayer, and with the laying on of the hands of the Presbytery, according to the apostolic example, solemnly ordain him to the holy office of the gospel ministry. Prayer being ended, he shall rise from his knees ; and the minister who presides shall first, and afterward all the members of the Presbytery in their order, take him by the right hand, saying, in words to this purpose, " We give you the right hand of fellowship to take part of this ministry with us." After which the minister presiding, or some other appointed for the purpose, shall give a solemn charge in the name of God, to the newly ordained bishop, and to the people, to persevere in the dis- charge of their mutual duties ; and shall then by prayer recommend them both to the grace of God and his holy keeping, and finally, after singing a psalm, shall dismiss the congregation with the usual bless- ing. And the Presbytery shall duly record the transaction. XV. As it is sometimes desirable and important that a candidate who has not received a call to be the pastor of a particular congrega- tion should, nevertheless, be ordained to the work of the gospel min- istry, as an evangelist, to preach the gospel, administer sealing ordin- ances and organize churches in frontier or destitute settlements ; in this case the last of the preceding questions shall be omitted, and the following used as a substitute, namely : Are you now willing to undertake the work of an evangelist ; and do you promise to discharge the duties which may be incumbent on you in this character as God shall give you strength? 1. Ordination as an Evangelist to Labor in Feeble Churches. Is it or is it not in accordance with the principles of the Presbyterian Church to ordain evangelists to labor in fields having feeble churches which are not able to support a pastor, and are too remote conveniently to secure the services of an ordained minister? To ordain evangelists under the specified circumstances is in accordance with ~he practice of the Church, and is no infraction of any of its laws. — 1850 p. 454, O. S. OF ELECTION AND ORDIXATION. 413 2. Ordination of a Licentiate who Proposed to Continue Teaching- The Presbytery of Philadelphia submitted to the Assembly for their decision the case of Mr. John Jones, a licentiate under their care, who at their last sessions had requested that the Presbytery would take measures to ordain him sine titulo. The Presbytery stated that Mr. Jones had been a licensed candidate for a number of years ; that he had always sustained a good and consistent character ; that he was engaged in teaching an academy, and was so circumstanced that his being ordained might render him more extensively useful. The Assembly having considered the case, Resolved, That the Presbytery of Philadelphia be permitted and au- thorized to ordain Mr. Jones to the work of the gospel ministry sine titulo, provided the Presbytery, from a full view of his qualifications and other attending circumstances shall think it expedient so to ordain him. — 1807, p. 386. 3. Presbyteries should not Ordain the Candidates of other Pres- byteries. 1. That it be earnestly recommended to all our Presbyteries not to or- dain sine titulo any men who propose to pursue the work of their ministry in any sections of the country where a Presbytery is already organized to which they may go as licentiates and receive ordination. 2. That the several bodies with which we are in friendly correspondence in the New England States be respectfully requested to use their counsel and influence to prevent the ordination, by any of their councils or consocia- tions, of men who propose to pursue the work of the ministry within the bounds of any Presbytery belonging to the General Assembly of the Presbyterian Church, and that the delegates from this Assembly to those bodies respectively be charged with communicating this resolution. — 1834, p. 428. 4. Ordination sine titulo. a. The Synod would bear testimony against the late too common, and now altogether unnecessary, practice of some Presbyteries in the north of Ireland, viz., their ordaining men to the ministry sine titulo immediately before they come over hither, thereby depriving us of our just rights, viz., that we, unto whom they are designed to be co- presbyters, and among whom they design to bestow their labors, should have just and fair inspect- ing into their qualifications; we say it seems necessary that the Synod bear testimony against such practice by writing home to the General Synod, thereby signifying our dissatisfaction with the same. . . . The Synod do agree that no minister ordained in Ireland sine titulo be for the future received to the exercise of his ministry among us until he submit to such trials as the Presbytery among whom he resides shall think proper to order and appoint And that the Synod do also advertise the General Synod in Ireland that the ordaining any such to the ministry sine titulo, before their sending them hither, for the future will be very disagreeable and disobliging to us. — 1735, p. 119. b. A question was proposed, Whether it be proper to ordain to the minis- try sirir. titulo, except for some particular mission ? The consideration of which is deferred till our next sederunt. — 1762, p. 314. The question, Ought ministers to be ordained sine titulo f — i. e., without relation or probable view had to a particular charge — resumed, and after further deliberation, we judge as follows: 414 FORM OF GOVERNMENT. That in ordinary cases, where churches are properly regulated and or- ganized, it is a practice highly inexpedient and of dangerous consequences, not to be allowed in our body except in some special cases, as missions to the Indians and some distant places that regularly apply for ministers. But as the honor and reputation of the Synod is much interested in the conduct of Presbyteries in such special cases, it is judged that they should previously apply to the Synod and take their advice therein, unless the cases require such haste as would necessarily prevent the benefit of such a mission if delayed to the next session of Synod, in which cases the Presby- teries shall report to the next Synod the state of the cases and the reasons for their conduct. — 1764, p. 337. c. Application was made to the Synod by the Presbytery of New Cas- tle for advice respecting the propriety of Mr. Samuel Smith's being or- dained by said Presbytery of New Castle, under whose care he is, in con- sequence of his having accepted a call from a congregation within the bounds of the Presbytery of Hanover. The Synod, having heard all the circumstances relative to this case and deliberated thereon, agree that it is not expedient for the Presbytery of New Castle to ordain Mr. Smith as the matter now stands. — 1775, p. 465. d. The Presbytery of Lewes, by their commissioner, Mr. Slemons, re- quested leave to ordain a certain Mr. James Lang, a licentiate under their care, sine titulo. Resolved, That the reasons offered for this measure are not sufficient, and therefore that the request be not granted. — 1800, p. 199. e. The following request was overtured by the Committee of Bills and Overtures : That the Synods of Virginia and the Carolinas have liberty to direct their Presbyteries to ordain such candidates as they may judge necessary to appoint on missions to preach the gospel ; whereupon, Resolved, That the above request be granted, the Synods being careful to restrict the permission to the ordination of such candidates only as are engaged to be sent on missions to preach the gospel. — 1795, p. 98. /. The Presbytery of Baltimore directed their commissioners to solicit the permission of the General Assembly to ordain Mr. William Maffit, a licentiate under their care, to the office of the gospel ministry, if upon examination he should appear qualified. The requesc was made at the particular instance of the church of Bladensburg, where Mr. Maffit offi- ciates as a stated supply. Resolved, That said request be granted. — 1798, p. 146. g. Mr. Bobert Smith was appointed a missionary to the western and northern frontiers of the State of New York, provided he shall be or- dained by the Presbytery of New Castle for that purpose. — 1794, p. 86. [See aiso Minutes'l799, p. 172; 1809, p. 415; 1810, p. 459.] h. A reference from the Synod of Philadelphia was laid before the As- sembly. By an extract from the minutes of that Synod it appeared that Mr. John Waugh, a licentiate under the care of the Presbytery of New Castle, had, for special reasons, requested'. the Presbytery to take measures for his ordination sine titulo. The Presbytery accordingly presented the request to Synod, and the Synod, finding that the authority in this case is by the Constitution expressly vested in the General Assembly, agree to refer the matter to them for their decision. The Assembly having taken the subject into consideration, Resolved, That the Presbytery of New Castle be, and they hereby are permitted and authorized, to ordain the said Mr. Waugh to the work of the gospel ministry sine titulo ; provided that the Presbytery, from a full OF ELECTION AND OKDINATION. 415 view of his qualifications and other attending circumstances, shall think it expedient. — 1805, p. 337. 5. Ordination sine titulo.— Overture on Rejected. a. The following overture was brought in and read, viz. : In what cases, except the one provided for in the seventeenth chapter of the Constitution of our Church, may a Presbytery ordain a man to the work of the gospel ministry without a call to a particular charge? — 1810, p. 456. This overture was referred to Drs. Miller and Green, Messrs. Nathan, Grier, Anderson and Campbell, as a Committee. — 1811, p. 464. This Committee reported as follows, viz.: Whereas, There may exist cases in which it may be needful for Pres- byteries to ordain without a regular call ; but as the frequent exercise ot this power may be dangerous to the Church, and as this case does not appear to be fully provided for in our Constitution and Book of Disci- pline, Resolved, That the following rule be submitted to the Presbyteries for their opinion and approbation, which, when sanctioned by a majority of the Presbyteries belonging to the Church, shall become a constitutional rule, viz. : That it shall be the duty of Presbyteries, when they think it necessary to ordain a candidate without a call to a particular congregation or con- gregations, to take the advice of their respective Synods, or of the General Assembly, before they proceed to this ordination.— 1811, p. 474. [Answered in the negative — 11 to 7 — and the subject dismissed.] — 1812, p. 494. b. [In 1813 another rule was proposed,] viz.: The rule proposed, and on which an affirmative or negative vote of the Presbyteries is required, is in the following words, viz. : It shall be the duty of Presbyteries, when they think it necessary to ordain a candidate without a call to a particular pastoral charge, to take the advice of a Synod, or of the General Assembly, before they proceed to such ordination. — 1813, p. 524. [Of the Presbyteries answering this overture, twenty-six replied in the negative and four in the affirmative.] — 1814, p. 558. 6. Censure of Synod for Ordination sine titulo not Sustained. The records of the Synod of Illinois were, on the recommendation of the Committee, approved, with the exception of a censure on p. 209, of the action of Knox Presbytery, for ordaining a man when there was no call from any part of the Church.— 1843, p. 17, N. S. 416 FORM OF GOVERNMENT. CHAPTER XVI. OF TRANSLATION OR REMOVING A MINISTER FROM ONE CHARGE TO ANOTHER. I. No bishop shall be translated from one church to another, nor shall he receive any call for that purpose, but by permission of the Presbytery. 1. Removal without Consent of Presbytery. The Presbytery of East Jersey having reported that Mr. John Cross has, without the concurrence of Presbytery, removed from one congrega- tion to another, the Synod do declare that the conduct of such ministers . . . that take charge of any congregation without the Presbyteries' concurrence, to be disorderly and justly worthy of presbyterial censure, and do admonish said Mr. Cross to be no further chargeable with such irregularities in the future,— 1735, p. 115. 2. The Irregularity Excused, but Caution Enjoined. The Synod having deliberately considered the affair of Mr. Allison's removal to Philadelphia, referred to them by the Presbytery of New Cas- tle, judge that the method he used is contrary to the Presbyterian plan. Yet considering that the circumstances which urged him to take the method he used were very pressing, and that it was indeed almost imprac- ticable to him to apply for the consent of Presbytery or Synod in the orderly way, and further being persuaded that Mr. Allison's being em- ployed in such a station in the academy has a favorable aspect in several respects, and a very probable tendency not only to promote the good of the public, but also of the Church, as he may be serviceable to the inte- rests thereof in teaching philosophy and divinity as far as his obligations to the academy will permit, we judge that his proceedings in said affair are in a great measure excusable. Withal, the Synod advises that for the future its members be very cautious, and guard against such proceedings as are contrary to our known approved methods in ouch cases. — 1752, p. 206. II. Any church desiring to call a settled minister from his present charge shall, by commissioners properly authorized, represent to the Presbytery the ground on which they plead his removal. The Pres- bytery, having maturely considered their plea, may, according as it appears more or less reasonable, either recommend to them to desist from prosecuting the call, or may order it to be delivered to the min- ister to whom it is directed. If the parties be not prepared to have the matter issued at that Presbytery, a written citation shall be given to the minister and his congregation to appear before the Presbytery at their next meeting. This citation shall be read from the pulpit in that church by a member of the Presbytery appointed for that pur- OF TRANSLATION. 417 pose Immediately after public worship, so that at least two Sabbaths shall intervene betwixt the citation and the meeting of the Presby- tery at which the cause of translation is to be considered. The Pres- bytery being met, and having heard the parties, shall upon the whole view of the case either continue him in his former charge or trans- late him, as they shall deem to be most for the peace and edification of the Church, or refer the whole affair to the Synod at their next meeting for their advice and direction. 1. Consent of the Parties may Shorten the Process. [In the Constitution, as originally adopted, citation of the parties was required in all cases. By the Assembly of 1804, p. 305, it was proposed to strike out "together with a written citation" and insert "if the parties be not prepared to have the matter issued at that Presbytery, a written citation shall be given to the minister." The amendment was adopted. — 1805, p. 333. In a note accompanying the overture the Assembly say, "This amendment is intended to provide that consent of parties shall shorten the constitutional process for translat- ing a minister." — 1804, p. 305.] Overture No. 11, from the Synod of New Jersey, proposing the follow- ing query : " Is it the intent of chapter xvii., Form of Government, that a minister desiring to resign his pastoral charge shall in all cases first make his request known to the Presbytery ?" The Committee recommend that it be answered in the negative, for the reason that chapter xvi., section ii., provides that where the parties are pre- pared for the dissolution of a pastoral relation it may be dissolved at the first meeting of Presbytery. The report was adopted. — 1866, p. 47, O. S. III. When the congregation calling any settled minister is within the limits of another Presbytery, that congregation shall obtain leave from the Presbytery to which they belong, to apply to the Presbytery of which he is a member ; and that Presbytery, having cited him and his congregation as before directed, shall proceed to hear and issue the cause. If they agree to the translation, they shall release him from his present charge ; and having given him proper testimonials shall require him to repair to that Presbytery within the bounds of which the congregation calling him lies, that the proper steps may be taken for his regular settlement in that congregation ; and the Presbytery to which the congregation belongs, having received an authenticated cer- tificate of his release under the hand of the clerk of that Presbytery, shall proceed to install him in the congregation as soon as convenient, provided always that no bishop or pastor shall be translated without his own consent previously obtained. 1. Pastor and Church must Belong to the same Presbytery. Overture No. 19. From a member of the Presbytery of Lexington, asking whether a minister who is a member of one Presbytery can be in* 53 418 FORM OF GOVERNMENT. stalled as pastor over a church in another Presbytery ; and if so, what arc the proceedings proper in the case. The Committee recommend the As- sembly to answer that he should not be installed in such a case. Adopted. —1854, p. 46, O. S. See under chap, x., viii. IV. When any minister is to be settled in a congregation, the in- stallment, which consists in constituting a pastoral relation between him and the people of that particular church, may be performed either by the Presbytery or by a Committee appointed for that purpose, as may appear most expedient; and the following order shall be observed therein : V. A day shall be appointed for the installment, at such time as may appear most convenient, and due notice thereof given to the con- gregation. VI. When the Presbytery or Committee shall be convened and constituted, on the day appointed, a sermon shall be delivered by some one of the members previously appointed thereto ; immediately after which the bishop who is to preside shall state to the congregation the design of their meeting, and briefly recite the proceedings of the Pres- bytery relative thereto. And then addressing himself to the minister to be installed, shall propose to him the following or similar questions: 1. Are you now 7 willing to take the charge of this congregation, as their pastor, agreeably to your declaration at accepting their call ? 2. Do you conscientiously believe and declare, as far as you know your own heart, that in taking upon you this charge, you are influ- enced by a sincere desire to promote the glory of God, and the good of the church ? 3. Do you solemnly promise that, by the assistance of the grace of God, you will endeavor faithfully to discharge all the duties of a pas- tor to this congregation; and will be careful to maintain a deportment in all respects becoming a minister of the gospel of Christ, agreeably to your ordination engagements ? To all these having received satisfactory answers, he shall propose to the people the same or like questions as those directed under the head of ordination ; which, having been also satisfactorily answered by holding up the right hand in testimony of assent, he shall solemnly pronounce and declare the said minister to be regularly constituted the pastor of that congregation. A charge shall then be given to both parties, as directed in the case of ordination ; and after prayer, and singing a psalm adapted to the transaction, the congregation shall be dismissed with the usual benediction. VII. It is highly becoming that, after the solemnity of the install- ment, the heads of families of that congregation who are present, or OF EESIGNING A PASTORAL CHARGE. 419 at least the elders and those appointed to take care of the temporal concerns of that church, should come forward to their pastor and give him their right hand in token of cordial reception and affectionate regard. 1. A Pastoral Relation -without Installment Recognized. It appears evident to this Synod that Mr. Tennent having in all respects acted, and been esteemed, and looked upon, not only by this Synod, but also by the congregation, of Neshaminy, and particularly by the appell- ants themselves, as the minister and pastor of the people of Neshaminy, that he is still to be esteemed as the pastor of that people, notwithstanding the want of a formal installment among them ; which omission, though the Synod doth not justify, yet it is far from nullifying the pastoral relation between Mr. Tennent and said people. — 1736, p. 127. CHAPTER XVII. OF RESIGNING A PASTORAL CHARGE. When any minister shall labor under such grievances in his con- gregation as that he shall desire leave to resign his pastoral charge, the Presbytery shall cite the congregation to appear by their commis- sioner at their next meeting to show cause, if any they have, why the Presbytery should not accept the resignation. If the congregation fail to appear, or if their reasons for retaining their pastor be deemed by the Presbytery insufficient, he shall have leave granted to resign his pastoral charge, of which due record shall be made ; and that church shall be held to be vacant till supplied again in an orderly manner with another minister ; and if any congregation shall desire to be released from their pastor, a similar process, mutatis mutandis, shall be observed. 1. "Whether the Relation shall be Dissolved at the Meeting -where the Request is made left to the Discretion of the Presbytery. The Committee on overture No. 9, viz. : Advice asked respecting the following question of order by the Presbytery of Otsego, " Is it contrary to chapter xvii., of the Form of Government, for a Presbytery to dissolve the connection between a minister and his congregation at the time when he presents his request for his dissolution, and the congregation joins issue by commissioners duly appointed for that purpose ?" made the following report, which was adopted, viz. : Resolved, That it is not expedient for this Assembly to give a decided answer to the question, but to leave every Presbytery to act according to their own discretion in the premises. — 1832, p. 373. 420 FORM OF GOVERNMENT. 2. The Rule should be Rigidly Observed. Also overture No. 24. A communication from the Rev. James Latta and others in relation to the hasty and irregular dissolution of the pastoral relation. The Committee recommend the adoption of the following : Resolved, That article xvii. of our Form of Government, in spirit and letter, should be rigidly regarded by all pastors and churches, and en- forced by our Presbyteries. — 1862, p. 622, O. S. 3. If the Parties are Agreed, the Relation may be Dissolved at the first Meeting. Overture from the Synod of New Jersey, proposing the following query : "Is it the intent of chapter xvii., of the Form of Government, that a minister desiring to resign his pastoral charge shall in all cases first make his request known to the Presbytery ?" The Committee recommend that it be answered in the negative, for the reason that chap, xvi., sec. ii., provides that where the parties are prepared for the dissolution of a pastoral relation it may be dissolved at the first meeting of Presbytery. Adopted. — 1866, p. 47, O. S. 4. A Meeting of the Congregation without the Presence and Co- operation of the Pastor Valid, he having Requested the Disso- lution. Case No. 4, the complaint of the Rev. W. P. Carson against Synod of Iowa, for dismissing his complaint against the Presbytery of Dubuque. The Presbytery, upon application both of the pastor and the congregation, dissolved the pastoral relation, and Mr. Carson complained to Synod, on the ground that the session and trustees united in calling the meeting of the congregation, without the presence or co-operation of the pastor, at which action was taken asking for the dissolution of the pastoral relation. The Committee recommend that the complaint be dismissed, there being no sufficient ground of complaint. The report was adopted. — 1868, p. 612, 0. S. 5. "Where a Synod on Appeal Dissolves the Pastoral Relation on the Petition of a Minority, it is Sustained. The Rev. George S. Mott, chairman, presented the report of the com- mission on Judicial Case No. 2, which was adopted, and is as follows: The commission appointed by the Assembly to issue Judicial Case No. 2 makes the following report: This case originated in a petition presented to the Presbytery of Ohio, December 27, 1866, asking the dissolution of the pastoral relation exist- ing between the Rev. William Hunter and the church of Hopewell. The reasons of this petition were based upon troubles in the congregation which arose out of a state of things upon which Presbytery and Synod had already acted. This petition was signed by a minority. A counter petition was presented from a large majority of the congregation, begging the continu- ance of the pastoral relation. Presbytery refused by a small majority to dissolve the relation. The case was then taken by a complaint of the mi- nority of the congregation to the Synod of Pittsburg. Synod sustained the complaint by a vote of 50 yeas to 11 nays, and by a unanimous vote directed the Presbytery of Ohio to dissolve the pastoral relation. From this action of Synod an appeal is made to the Assembly by Joseph Con- nell, of the church of Hopewell, for the folk wing reasons: OF RESIGNING A PASTORAL CHARGE. 421 1. Because the pastoral relation between the Kev. William Hunter and the congregation is ordered to be dissolved on the petition of less than one- fourth of the members of the congregation, greatly against the will of the congregation and to our injury, and in contravention of our Christian and constitutional rights. 2. Because the petitioners were not only a small minority, but because some of them were not members of the congregation; and those who were members had lost their status, they having for more than a year neither communed in the church nor contributed their just proportion of the expenses of the congregation. 3. Because the decision of Synod is highly injurious to the pastor as well as to the congregation, and hurtful also to the cause of truth, righteous- ness and equity, as taught in the holy Scriptures and assured to congrega- tions and pastors by our Church standards. All the papers and records relating to the case were read before the commission, and all the parties desiring a hearing were heard. It appeared that the principal cause, if not the origin, of these difficul- ties, was the use of harsh and intemperate language ou the part of Mr. Hunter toward some of his parishioners. This led to charges and a trial before the Presbytery, the result of which was an admonition to Mr. Hun- ter to "restrain his temper and cultivate a meek and quiet spirit." In connection with this trial the request of petitioners for the removal of Mr. Hunter was granted and the pastoral relation dissolved. From this act of dissolution Mr. Hunter appealed to Synod, who sustained his appeal on account of deficiency in the records. A new application for the dissolution of the pastoral relation was then made to Presbytery by the discontented minority, based upon the existing troubles, which was refused, as already stated, by a small majority of Pres- bytery, but granted by a unanimous vote of Synod. The facts and statements of the parties satisfied your commission that, while a majority of the congregation clung to Mr. Hunter, he had taken such a course as to alienate a part of the people and seriously to impair his usefulness in that congregation. The matter has been for two years before Presbytery, and they have sought to secure a reconciliation by sending Committees to confer with the people, but to no purpose. And the case has become so complicated in Presbytery as to divide that body about equally. When Synod came to decide upon the merits of the case, their judgment was unanimous against the continuance of the pastoral relation. Your commission had this case several days before them, and bestowed upon it careful consideration, and have unanimously determined to report to the Assembly that the sense of this commission is that the interests of the church of Hopewell require the dissolution of the pastoral relation, and that they agree with the decision of Synod, and they recommend the fol- lowing minute: This Assembly recognizes the right of each congregation to decide whether a pastor is acceptable to them, and the wishes of a majority are to be set aside only for weighty reasons ; yet such a state of things may exist between the pastor and a portiou of his people as shall require, for the fair name of religion, that the relation be dissolved ; and for this rea- son the appeal and complaint of Joseph Connell against the Synod of Pittsburg is not sustained.— 1868, pp. 648, 649, O. S. 422 FORM OF GOVERNMENT. CHAPTER XVIII. OF MISSIONS. When vacancies become so numerous in any Presbytery that they cannot be supplied with the frequent administration of the word and ordinances, it shall be proper for such Presbytery, or any vacant con- gregation within our bounds, with the leave of the Presbytery, to apply to any other Presbytery, or to any Synod, or to the General Assembly for such assistance as they can afford. And when any Presbytery shall send any of their ministers or probationers to dis- tant vacancies, the missionary shall be ready to produce his creden- tials to the Presbytery or Presbyteries through the bounds of which he may pass, or at least to a Committee thereof, and obtain their ap- probation. And the General Assembly may of their own knowledge send missions to any part to plant churches, or to supply vacancies, and for this purpose may direct any Presbytery to ordain evangelists or ministers without relation to particular churches, provided always that such missions be made with the consent of the parties appointed, and that the judicatory sending them make the necessary provision for their support and reward in the performance of this service. [For a full account of the earlier missions of the Church, and of the origin and progress of the work culminating in the present Board of Home Missions, see New Digest, pp. 319-341, and annual minutes, N. S., from 1861 to 1869 ; also, Assembly's Digest, Baird's Collection, Kev. Ed., pp. 321-360, with annual minutes, O. S., from 1858 to 1869.] 1. The Standing Committee of Missions Appointed. Resolved, 1. That a Committee be chosen annually by the General As- sembly to be denominated the Standing Committee of Missions ; that the Committee shall consist of seven members, of whom four shall be clergy- men and three laymen ; that a majority of this Committee shall be a quo- rum to do business ; that it shall be the duty of this Committee to collect, during the recess of the Assembly, all the information in their power rela- tive to the concerns of missions and missionaries, to digest this informa- tion and report thereon at each meeting of the Assembly; to designate the places where and to specify the periods during which the missionaries should be employed ; to correspond with them if necessary and with all other persons on missionary business ; to nominate missionaries to the Assembly and report the number which the funds will permit to be employed ; to hear the reports of the missionaries and make a statement thereon to the Assembly relative to the diligence, fidelity and success of the missionaries, the sums due to each, and such parts of their reports as may be proper for the Assembly to hear in detail ; to ascertain annually whether any money remains with the trustees of the college of New Jer- sey which ought to be used for missionary purposes, agreeably to the last of missions. 423 will of James Leslie, deceased ; that they also engage a suitable person annually to preach a missionary sermon on the Monday evening next after the opening of the General Assembly, at which a collection shall be made for the support of missions, and superintend generally under the direction of the Assembly the missionary business. 2. That although this Standing Committee shall be elected annually, yet each Committee shall continue in office till the end of the sessions of that Assembly which succeeds the one by which the said Committee was chosen. 3. That this Standing Committee of missions, in addition to the duties above specified, shall be and they hereby are empowered to direct the trustees of the General Assembly, during the recess of the Assembly, to issue warrants for any sums of money which may become due in conse- quence of contracts, appropriations or assignments of duty made by the Assembly, and for which orders may have not been issued by the Assem- bly, and on this subject the Committee shall report annually to the Assem- bly.— 1802, p. 258. In 1805, p. 345, the number of the Committee resident in or near the city of Philadelphia was increased to ten, and one other member added for each Synod, making in the whole seventeen. In 1816 the Committee was enlarged, and the title changed to 2. The Board of Missions. 1. That the style of the Committee be changed for that of the "Board of Missions, acting under the authority of the General Assembly of the Presbyterian Church in the United States." 2. That the Board of Missions be enlarged by the addition of the Rev. John B. Romeyn, D. D., Samuel Miller, D. D., and Messrs. Samuel Bay- ard, Robert Ralston, Robert Lenox, John R. B. Rodgers, John E. Cald- well, Divie Bethune and Zachariah Lewis. 3. That, in addition to the powers already granted by the Committee of Missions, the Board of Missions be authorized to appoint missionaries whenever they may deem it proper, to make such advances to mission- aries as may be judged necessary, and to pay balances due to missionaries who have fulfilled their missions, whenever in their judgment the particu- lar circumstances of the missionaries may require it. 4. That the Board be authorized and directed to take measures for establishing throughout our churches auxiliary missionary societies, and that the General Assembly recommend to their people the establish- ment of such societies to aid the funds and extend the operations of the Board. 5. That the members of the Board of Missions be annually chosen by the Assembly, and that they continue in office until the rising of the next General Assembly, when they are to be succeeded by the persons chosen for the current year. The Committee further report, that while deliberating on the subject referred to them, they at first thought it would be expedient for this Assem- bly to present to the consideration of their churches the importance of foreign missions, and to direct the Board to take measures for commencing and carrying on such missions, but on mature reflection they are inclined to believe that the union of foreign with domestic missk ns would produce too great complexity in the affairs of the Board, and render the pressure of business too severe and burdensome. And this consideration is strength- ened by the belief which they indulge that a new society for conducting 424 FORM OF GOVERNMENT. foreign missions might be formed, composed not only of members belong- ing to our churches, but also of members belonging to the Reformed Dutch Church, to the Associate Reformed Church, and other churches which have adopted the same creed. Such a society is highly desirable ; and were it organized on an extensive plan, so as to call forth the com- bined energies and charity of all those sister churches, it would be pro- ductive of beneficial consequences both at home and abroad, to ourselves as well as to the heathen. — 1816, p. 633. 3. Enlargement of Powers. a. Resolved, That the Board of Missions, in addition to the powers already granted to them, be authorized to manage, appoint and direct the whole concerns and business of the Assembly's missions definitely, and report annually their doings to the Assembly. Resolved, That the Board be authorized to appoint, if they think proper, an Executive Committee of their own number, to carry into effect the de- tails of their plan, and that they also be authorized to appoint and em- ploy an agent or agents at their discretion. — 1827, p. 217. . b. The Committee of Conference with the American Home Missionary Society reported that after mature deliberation they recommend the fol- lowing resolutions, which were adopted, viz.: Resolved, That the Board of Missions already have the power to estab- lish missions not only among the destitute in our own country or any other country, but also among the heathen in any part of the world ; to select, appoint and commission missionaries, to determine their salaries and to settle and pay their accounts; that they have full authority to correspond with any other body on the subject of missions ; to appoint an Executive Committee and an efficient agent or agents to manage their missionary concerns ; to take measures to form auxiliary societies on such terms as they may deem proper ; to procure funds, and, in general, to manage the missionary operations of the General Assembly. It is therefore submitted to the discretion of the Board of Missions to consider whether it is expedient for them to carry into effect the full pow- ers which they possess. Resolved, That an addition of seven laymen be made to the present num- ber of the Board of Missions.— 1828, p. 244. 4. Number of Members of the Board. The action above made the number twenty-six ministers and fifteen elders or laymen. In 1833 it was made the rule hereafter to elect each year six ministers and six laymen. In 1834 the number to be elected an- nually was fixed at ten ministers and six elders. In 1845, p. 30, O. S., it was — Resolved, That the present Assembly elect twenty-four members — fifteen ministers and nine laymen — to fill vacancies in the Board of Missions, and that hereafter the same number be elected annually, instead of the num- ber heretofore elected. — 1845, p. 30. The N. S. Assembly continued to co-operate with the American Home Missionary Society until 1861. In 1862 a Report on Church Extension was adopted, and a Committee of Conference with the A. H. M. S. ap- pointed, who next year reported, recommending the continuance of co- operation. [See New Digest, pp. 361-367 ; also, pp. 368, 369.] After full discussion the following was adopted, establishing — OF MISSIONS. 425 The Church Extension Committee. This oeing obviously, therefore, a case which cannot be reached so effectually by any action of the inferior judicatories, your Committee can- not see how the Assembly can refuse to exercise in regard to it that power of" superintendence of the concerns of the whole Church" expressly con- fided to it by the Constitution. They therefore recommend the following action : Resolved, 1. That the General Assembly hereby establishes a Standing- Committee, to be called " The Church Extension Committee," a majority of whom shall reside in or near the city of Philadelphia. This Committee shall have no other powers than those conferred by the Assembly, and the functions now assigned to them are those of employing presbyterial, synod- ical and other Presbyterian itinerant or exploring agents, and affording aid in such exceptional cases as those already mentioned, and also the receiving and disbursing of funds for those objects. 2. That, in recommending this course of action, the General Assembly distinctly declare that it is not their intention thus to establish an Eccle- siastical Board or to interfere with the proper functions of the Home Mis- sionary Society, but, as heretofore, they recommend that society to the .confidence and co-operation of the churches under their care. 3. That the Standing Committee on Church Extension, now constituted, shall consist of fifteen members, to be chosen by the Assembly in such manner as the Assembly may direct, and the Committee shall at its first meeting divide itself into three equal parts, to serve respectively one, two and three years, but the same persons shall be re-eligible at the pleasure of the Assembly. 4. Five members of the Committee shall be a quorum ; but in order to elect any salaried officer of the Committee or to increase or diminish the salary of the same, a majority of the Committee shall be necessary to con- stitute a quorum. The Committee shall have power to fill any vacancies occurring while the Assembly is not in session, and they shall make an annual report to the Assembly of all their proceedings. — 1855, p. 21, N. S. See further, New Digest, pp. 371-375, and Minutes K S. 1862, p. 252. The Constitution of the Presbyterian Committee of Home Missions may be found in 1861, pp. 466-469, N. S. The Charter is as follows : An Act to incorporate the Presbyterian Committee of Home Missions of the General Assembly of the Presbyterian Church in the United States of America, passed April 18, 1862. The people of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Edwin F. Hatfield, Albert Barnes, Benjamin J. Wallace, George L. Prentiss, Thomas S. Hastings, Charles S. Eobinson, Joseph Allison, Jonathan F, Stearns, Henry Darling, Edward A. Lambert, Joseph F. Joy, Matthew W. Baldwin, James B. Pinneo, J. Milton Smith and Alfred C. Post (designated for the purpose by the General Assembly of the Presbyterian Church, which met in Syracuse, New York, in May, eighteen hundred and sixty-one), and their successors in office, are hereby constituted a body corporate and politic, by the name of the "Presbyterian Commit- tee of Home Missions," the object of which shall be to assist in sustaining the preach- ing of the gospel in feeble churches and congregations in connection with the Piv-by- terian Church in the United States, and generally to superintend the whole course of home missions in behalf of the said Church, as its General Assembly may from time to time direct; also to receive, take charge of and disburse any property or* funds which at any time and from time to time may be entrusted to said Church or said Commit- tee for home missionary purposes. Sec. 2. The said corporation shall possess the general powers and be subject to the 54 426 FORM OF GOVERNMENT. provisions contained in title three of chapter eighteen of the first part of the Revised Statutes, so far as the same are applicable and have not been repealed or modified. Sec. 3. The management and disposition of the affairs and funds of said corporation shall be vested in the individuals named in the first section of this Act and their suc- cessors in office, who shall remain in office for such period and be displaced and suc- ceeded by others, to be elected at such time and in such manner as the said Church represented in General Assembly shall direct and appoint. Sec. 4. The said corporation shall be in law capable of taking, receiving and hold- ing any real or personal estate which has been or may hereafter be given, demised or bequeathed to it, or to the said Church, for the purposes aforesaid, or which may ac- crue from the use of the same ; but the said corporation shall not take and hold real and personal estate above the value of two hundred thousand dollars. Sec. 5. No inhabitant of this State who shall die, leaving a wife, child or parent, shall devise or bequeath to the corporation hereby created more than one-half of his or her estate after the payment of his or her debts, but a devise or bequest by such inhabitant shall be valid to the extent of such one-half; in no case, however, shall any devise or bequest to such corporation be valid in any will made by any inhabitant of this State which shall not have been made and executed at least two months before the death of the testator or testatrix. Sec. 6. This Act shall take effect immediately. STATE OF NEW YORK, \ Office of the Secretary of State, j I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct- transcript therefrom, and the whole of the said original law. , z-^— > . Given under my hand and seal of office at the city of Albany, this third -< L. s. >- day of May, in the year one thousand eight hundred and sixty-two. c -w J J. WESLEY SMITH, Deputy Secretary of Slate. I. THE BOARD OF HOME MISSIONS OF THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA. a. The unfinished business was resumed, viz., the report of the Joint Committee on Home Missions, which, after protracted discussion, was adopted, as follows : The Joint Committee appointed by the two Assemblies of 1869 to ar- range for the consolidation of the "Board of Domestic Missions" and "The Committee of Home Missions," would respectfully report that, in full attendance, they have given the subject with which they were charged their most careful deliberation. Some things pertaining to the pro]30sed new organization were very readily adjusted, as appears in the following recommendations, adopted with entire unanimity, viz. : 1. The name to be "The Board of Home Missions of the Presbyterian Church in the United States of America." 2. That this Board consist of fifteen members, five constituting a quorum. 3. That the Board be authorized to appoint one secretary, with so much assistance as the Board may deem necessary. After proceeding so far, your Committee were advised by eminent legal counsel that, inasmuch as the Board and Committee now existing hold their respective charters from different States, legislative action in the States of Pennsylvania and New York would be necessary before the con- templated consolidation could be effected, so that the property now held by the one could legally and safely be transferred to the other. As instructed by counsel, your Committee cannot see any mode in which this General Assembly itself, without further legislation, can create such a consolidated OF MISSIONS. 427 Board, or will be competent in law to execute the trusts imposed on the existing corporate bodies in wills or other writings heretofore executed. As necessary steps to the obtaining of such necessary legislation as is suited to the case, your Committee report the following recommendations, to wit : 1. That this Assembly should designate the locality in which the chief operations of the new Board shall be carried on, and in which the princi- pal office for that purpose shall be located. 2. That a Committee be appointed by this Assembly, whose duty it shall be to endeavor to procure all the legislation required by the exigen- cies of the case, and direct the transfer of property now held by the two bodies above described, on receiving the opinion of competent counsel that the authority of the new body is perfect. 3. Meantime, till such a result has been reached, that both of the ex- isting organizations should be kept up in the form required by their re- spective charters. — 1870, p. 54. The following places were then named for the location of the Board of Home Missions, viz., Philadelphia and New York ; whereupon the roll was called, and New York was chosen, by a vote of 306 for New York, and 153 for Philadelphia. — lb., p. 55. The action of the Assembly adopting the report of the Joint Commit- tee on Home Missions was reconsidered, and the number of members of the Board changed from twenty (20) to fifteen (15), and the number of corresponding secretaries from one (1) to two (2). The Rev. Henry Kendall, D. D., and the Rev. Cyrus Dickson, D. D., were by acclamation elected corresponding secretaries, and Mr. Samuel D. Powel treasurer, of the Board of Home Missions, it being expressly un- derstood that this was not to be considered as a precedent by any future Assembly.— 1870, p. 100. 6. Applications for Aid to be by Ballot. The following resolution was adopted by the General Assembly in 1872 : Resolved, That, in order to the most fair appropriation of church funds, this Assembly hereby recommend to the Presbyteries that in the case of any and every application for aid from any of the Boards or Committees, the vote thereon be taken by ballot, both as to the application and as to the amount, except where the matter is legally in the hands of a presby- terial Committee. — p. 36. CHARTER OF THE BOARD OF HOME MISSIONS OF THE PRESBY- TERIAN CHURCH IN THE UNITED STATES OF AMERICA. An Act to incorporate " The Board of Home Missions of the Presbyterian Church in the United States of America," and to enable the Presbyterian Board of Home Missions, formerly the Presbyterian Committee of Home Missions, to transfer its property to said new corporation, and to vest in such new corporation the corporate rights, franchises and privileges of the former body, and also to enable said new corporation to accept a transfer of the property of "The Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America," and to become the legal successor of the said last men- tioned corporation. — Passed April 19, 1872. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. George L. Prentiss, Thomas S. Hastings, William M. Paxton, William C. Roberts, J. F. Stearns, Henry J. Van Dyke, James O. Murray. Edward A. Lam- bert, Jacob D. Vermilye, George W. Lane, Thomas C. M. Paton, Joseph F. Joy, Rob- ert L. Kennedy, George R. Lockwood, John Taylor Johnston (designated for this purpose by the General Assembly of the Presbyterian Church in the United States of America, which met in Chicago, in the State of Illinois, in May, eighteen hundred and seventy-one, and. which is the legal successor of the two religious bodies thereto- 428 FORM OF GOVERNMENT. fore existing under that same name), and their successors in office, chosen from time to time by the said General Assembly, are hereby constituted a body politic and cor- porate by the name of " The Board of Home Missions of the Presbyterian Church in the United States of America," the object of which shall be to assist in sustaining the preaching of the gospel in feeble churches and congregations in connection with the Presbyterian Church in the United States, and generally to superintend the whole work of Home Missions in behalf of said Church, as the General Assembly may from time to time direct, also to receive, take charge of and disburse all property and funds which at any time and from time to time may be entrusted to said Church or said Board for Home Missionary purposes. Section 2. The said corporation shall possess the general powers, and be subject to the provisions, contained in title three of chapter eighteen of the first part of the Revised Statutes, so far as the same are applicable and have not been repealed or modified. Section 3. The management and disposition of the affairs and property of said corporation shall be vested in the persons named in the first section of this Act, and their successors in office, who shall remain in office for such period, and be removed and succeeded by others chosen at such time and in such manner, as the said General Assembly of the Presbyterian Church in the United States of America shall from time to time direct and appoint. Section 4. The said corporation shall be in law capable of taking, receiving and holding any real or personal estate which has been or may hereafter be given, demised or bequeathed to it or to the said Church for the purposes aforesaid, or which may accrue from the use of the same, subject, however, to all the provisions of law relating to devises and bequests by last will and testament; but the said corporation shall not take and hold real and personal estate, the annual rental or income of which shall exceed the sum of two hundred thousand dollars. Section 5. The Presbyterian Committee of Home Missions, incorporated under the laws of this State by an Act passed on the eighteenth day of April, eighteen hundred and sixty-two, the name of which was changed to that of the Presbyterian Board of Home Missions by an act passed on the twentieth day of January, eighteen hundred and seventy-one, are hereby authorized to assign, transfer, convey and deliver unto the corporation created by this act all property, estate and rights of any and every descrip- tion now held or enjoyed by them, and which may hereafter be received by them by virtise of any grant, gift, bequest or devise, or otherwise howsoever, which assign- ment, transfer, conveyance and delivery the corporation established by this Act is hereby authorized and empowered to accept and receive, and the said corporation hereby created shall be and is hereby declared to be the legal successor of the said Presbyterian Board of Home Missions, formerly the Committee of Home Missions, and shall have, hold, use and enjoy all the corporate powers, franchises and privi- leges of the said corporation last named, and all the property, estates and rights so assigned, transferred, conveyed and delivered in the same manner and to the same extent as the said corporation last named might have done, and shall be entitled to receive, sue for and recover all legacies, devises, bequests and property which have heretofore been or may hereafter be made or given to the said corporation last named ; provided, however, and it is hereby expressly declared, that the said corporation cre- ated by this Act shall receive and hold the said property, estates and rights upon the same trusts, and for the same purposes only, as the same are or otherwise would be held by the said Presbyterian Board of Home Missions, formerly the Presbyterian Committee of Home Missions. Section 6. Whenever the requisite power shall be given by the proper authority of the State of Pennsylvania to the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America, a corporation created and established and now existing under the laws of the said State of Pennsylvania, to assign, transfer, convey and deliver unto the corporation created by this Act, all the property, estates and rights of any and every description, held or enjoyed, or which may be hereafter held or enjoyed, by the said corporation first named in this section, by virtue of any gift, grant, bequest or devise, or otherwise howsoever; then the said corporation hereby created is hereby authorized to accept and receive the assignment, transfer, conveyance and delivery aforesaid, and shall be and is hereby declared to be the legal successor of the said Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America, and shall have, hold, use and enjoy all the corporate powers, franchises and privileges of the said corporation last named, and all the property, estates and rights which may be so assigned, transferred, conveyed and delivered, in the same manner and to the same extent as the said corporation last named might have done, OF MISSIONS. 429 and shall be entitled to receive, sue for and recover all legacies, devises, oequests and property which have heretofore been or may hereafter be made or given to the said corporation last named ; provided, however, and it is hereby expressly declared, that the said corporation created by this Act shall receive and hold the said property, estates and rights upon the same trusts, and for the same uses and purposes only, as the same are or otherwise would be held by the said Trustees of the Board of Domestic Mis- sions of the General Assembly of the Presbyterian Church in the United States of America, heretofore created by virtue of the laws of the State of Pennsylvania ; and it is hereby further provided and declared that all the grants, conveyances, devises and bequests, which after the several assignments, transfers and conveyances herein- before authorized to be made to the corporation created by this Act, shall have been made and completed as hereinbefore directed, shall be made or which shall purport to be made to the Presbyterian Committee on Home Missions, or to the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church hereinbefore named, shall be deemed and taken to be made to the corporation hereby created with the same effect as if made to such new corporation hereby created. Section 7. This Act shall take effect immediately. State of New York, \ Office of the Secretary of State, J ss ' I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law. Given under my hand and seal of office, at the city of Albany, this twenty- [L.S.] fourth day of April, in the year one thousand eight hundred and sev- enty-two. ANSON S. WOOD, Bep. Secretary of State. An Act to authorize the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America to transfer the property held by them to the Board of Home Missions of the Presbyterian Church in the United States of America, and to declare the latter corporation to be the legal successor of the former. Whereas, The two religious bodies heretofore existing, each under the name of the General Assembly of the Presbyterian Church in the United States of America, have united the congregations under their care, and the General Assembly of the Church thus united which met in Philadelphia on the nineteenth day of May, eighteen hun- dred and seventy, and which is the legal successor of both the former bodies, has di- rected that the Home Missionary work previously carried on under the direction of the said two bodies shall be hereafter carried on under its direction by one Board ; And Whereas, The Legislature of the State of New York has for the purpose afore- said incorporated the Board of Home Missions of the Presbyterian Church in the United States of America; Therefore, Section 1. Be it enacted by the Senate and House of Representatives of the Com- monwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, that the Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian Church in the United States of America be and they are hereby authorized to grant, assign, transfer, convey and deliver all property, estates and rights, real, personal and mixed, of every kind and description, now held or enjoyed by them, and which may hereafter be received, held or enjoyed by them, in any manner whatsoever unto the said the Board of Home Missions of the Presbyterian Church in the United States of America, which Corporation is hereby declared to be the legal successor of the said the Trustees of the Board of Domestic Missions of the General Asse'mbly of the Presbyterian Church in the United States of America; and shall have, hold, use and enjoy all the corporate pow- ers, franchises and privileges of the said corporation last named, and all the property, estates and rights which shall be so granted, assigned, transferred, conveyed and de- livered in the same manner and to the same extent as the said Corporation last named might have done (including the power to convey, assign and transfer the same), and shall be entitled to receive, sue for and recover all legacies, devises, bequests and property which have heretofore been or may hereafter be made, given or granted to the said corporation last named ; Provided, however, and it is hereby expressly de- clared, that the said the Board of Home Missions of the Presbyterian Church in the United States of America shall receive and hold the said property and estates, or the proceeds thereof, if sold, upon the same trusts and for the same uses and purposes only, as the same are or otherwise would be held by the said Trustees of the Board of Do 430 FOEM OF GOVERNMENT. mestic Missions of the General Assembly of the Presbyterian Church in the United States of America; and it is hereby further provided and declared that all grants, conveyances, devises and bequests which shall be made, or purport to be made, to the said Corporation last named shall be deemed and taken to be made to the said the Board of Home Missions of the Presbyterian Church in the United States of Amer- ica with the same effect as if made directly thereto. W. ELLIOTT, Speaker of the House of Representatives. GEO. H. ANDERSON, Speaker of the Senate. Approved the twenty-ninth dav of January, Anno Domini one thousand eight hun- dred and seventy-three. J. F. HARTRANFT, Office of the \ Secretary of the Commonwealth, j Harrisbtjrg, February 7, A. D. 1873. Pennsylvania, 88. I do hereby certify, That the foregoing and annexed is a full, true and cor- j g rect copy of the original Act of the General Assembly, entitled " An Act to authorize the Trustees of the Board of Domestic Missions of the Gen- eral Assembly of the Presbyterian Church in the United States of Amer- ica to transfer the property held by them to the Board of Home Missions of the Pres- byterian Church in the United States of America, and to declare the latter Corporation to be the legal successors of the former," as the same remains on file in this office. In testimony whereof, I have hereunto set my hand and caused the seal of the Secre- tary's office to be affixed the day and year above written. M. S. QUAY, Secretary of the Commonwealth. THE BOARD OF FOREIGN MISSIONS. I. The Constitution. The Committee on the overture from the Presbytery of Salem on the subject of foreign missions made a report, which was accepted and adopted by yeas and nays, as follows, viz. : Resolved, 1. That the General Assembly will superintend and conduct, by its own proper authority, the work of Foreign Missions of the Presby- terian Church, by a Board appointed for that purpose and directly amen- able to said Assembly. 2. The General Assembly shall, at its present meeting, choose forty ministers and forty laymen, as members of the Board of Foreign Mis- sions, one-fourth part of whom shall go out annually in alphabetical order, and thereafter ten ministers and ten laymen shall be annually elected as members of the Board of Foreign Missions, whose term of office shall be four years, and these forty ministers and forty laymen so appointed shall constitute a Board to be styled " The Board of Foreign Missions of the Presbyterian Church in the United States of America," to which for the time being shall be entrusted, with such directions and instructions as may from time to time be given by the General Assembly, the superintendence of the foreign missionary operations of the Presbyterian Church. This Board shall make annually to the "General Assembly a report of their proceedings, and submit for its approval such plans and measures as may be deemed useful and necessary. 3. The Board of Directors shall hold their first meeting at such time and place as may be directed by the present General Assembly, and shall hold a meeting annually at some convenient time during the sessions of the General Assembly, at which it shall appoint a President, Vice-presi- dent, a Corresponding Secretary, a Treasurer and an Executive Commit- tee, to serve for the ensuing year. It shall belong to the Board of Direct- ors to review and decide upon all the doings of the Executive Committee, to receive and dispose of their annual report, and to present a statement OF MISSIONS. 431 of their proceedings to the General Assembly. It shall be their duty also to meet for the transaction of business as often as may be expedient, due notice of every special meeting being seasonably given to every member of the Board. 4. To the Executive Committee, consisting of not more than nine mem- bers besides the corresponding secretary and the treasurer, shall belong the duty of appointing all missionaries and agents, of designating their fields of labor, receiving the reports of the corresponding secretary, and giving him needful directions in reference to all matters of business and corre- spondence entrusted to him, to authorize all appropriations and expendi- tures of money, and to take the particular direction and management of the foreign missionary work, subject to the revision and control of the Board of Directors. The Executive Committee shall meet at least once a month, and oftener if necessary ; five members meeting at the time and place of adjournment or special call shall constitute a quorum. The Committee shall have power to fill their own vacancies, if any occur dur- ing the recess of the Board of Directors. 5. All property, houses, lands, tenements and permanent funds belong- ing to the said Board of Foreign Missions shall be taken in the name of the Trustees of the General Assembly, and held in trust by them for the use and benefit of " The Board of Foreign Missions of the Presbyterian Church in the United States of America" for the time being. 6. The seat of operations of the Board of Directors shall be designated by the Board. 7. The Board of Directors shall have power, and they are hereby author- ized, to receive a transfer of the Foreign Missionary Societies, or either of them, now existing in the Presbyterian Church, with all the missions and funds under the care of and belonging to such societies. [Yeas, 108 ; nays, 29.]— 1837, p. 452. Resolved, That the Board of Foreign Missions be directed to hold their first meeting in the First Presbyterian Church in the city of Baltimore on Tuesday, the 31st of October next, at three o'clock p. m. — Ibid., p. 453. 2. Alterations in the Constitution. a. Resolved, That the Constitution of the Board of Foreign Missions be so altered as to make the number of members 120 instead of 80. — 1838, p. 21. b. Resolved, That the general agent of the Board of Missions be ex officio a member of the Executive Committee. c. Resolved, That the Board be authorized to increase the number of vice-presidents to twelve. — 1839, p. 165. d. Resolved, That at all meetings of the Board of Foreign Missions of the Presbyterian Church, thirteen members meeting at the time and place of adjournment or special call shal] be a quorum for the transaction of business. — Ibid., p. 170. e. A request from the Board of Foreign Missions to the Assembly to amend the fourth article of the Constitution of the Board, by adding after the word "Treasurer" in the second line the following: "With as many members of the Board as may be present." On motion, the amendment was adopted. — 1845, p. 25. 3. The Committee on Foreign Missions. [The N. S. Assembly co-operated with the American Board of Com- missioners for Foreign Missions up to the time of the reunion. In 1854 (see p. 511) a Standing Committee of n\ T e ministers was appointed, which in 1856 (see p. 212) was enlarged to fifteen, and they were requested to 432 FOKM OF GOVERNMENT. divide the Committee " into three classes, one of which shall be elected annually by the Assembly." In 1865 the Permanent Committee obtained a charter from the Legislature of New York, which will be found below.] Upon the reunion the Assembly adopted the following as — 4. The Organization of the Board of Foreign Missions. The Board of Foreign Missions shall hereafter consist of fifteen mem- bers besides the corresponding secretaries and the treasurer, who shall be members ex officio. The term of service of the present members of the Board, the Execu- tive Committee and the Permanent Committee shall end with the first meeting of the Executive Committee after the dissolution of the General Assembly, when a new Board shall be constituted. This Assembly will select fifteen members of the Board in three classes of five each. The first shall serve three years, the second class two years and the third class one year. Each subsequent General Assembly shall elect five members of the Board to hold office for three years, and shall fill any vacancies in either of the other classes for the unexpired term of service. Any five members of the Board shall form a quorum. One of the ex officio members, to be designated by the Board, shall be entitled to a seat in the General Assembly as a corresponding member on all subjects relating to Foreign Missions. Besides the duties already committed to their charge, the Board shall perform the duties heretofore assigned to the Executive Committee of the Board and to the Permanent Committee on Foreign Missions, in so far as these have not been superseded or modified by this minute. — 1870, p. 46. 5. Alterations Necessitated by Legislation. The Committee further report that on the 12th of March, 1872, the fol- lowing Act was passed by the New York Legislature in relation to trus- tees and directors of charitable and benevolent institutions: Section 1. No trustee or director of any charitable or benevolent insti- tution, organized either under the laws of the State or by virtue of a spe- cial charter, shall receive, directly or indirectly, any salary or emolument from said institution, nor shall any salary or compensation whatever be voted or allowed by the trustees or directors of any institution organized for charitable or benevolent purposes to any trustee or director of said institution for services either as trustee or director or in any other capa- city. In view of the above Act, the Committee recommend the adoption of the following resolution: In view of the Act of the Legislature of New York concerning charitable and benevolent institutions, passed March 12, 1872, that the Constitution of the Board of Foreign Missions be so changed that the ex- ecutive officers shall hereafter be consulting members only, without the right to vote, but having the right to propose resolutions and discuss all matters before that body ; and further, that the quorum necessary to transact business be reduced to four. — 1872, p. 42. 6. The Charters. a. An Act to incorporate the Permanent Committee on Foreign Missions of the General Assembly of the Presbyterian Church in the United States of America. — Passed April 17, 1865. of missions. 433 The people of the Slate of New York, represented in Senate and Assembly, do enact as follows : Section 1. E. Eussell Booth, George Duffield, Alfred E. Campbell, John McLeod, John A. Brown, Joseph N. Tuttle, William E. Dodge, Walter Clarke, Daniel W. Poor, T. Ealston Smith, Thomas Bond, Walter S. Griffith, William Churchill, Ed- ward A. Lambert and Jesse W. Benedict (designated for that purpose by the General Assembly of the Presbyterian Church, which met at Dayton, Ohio, in May, eighteen hundred and sixty-four), and their successors in office, are hereby constituted a body corporate and politic, by the name of "The Permanent Committee on Foreign Mis- sions of the General Assembly of the Presbyterian Church in the United States of America," whose duty it shall be to superintend the whole cause of foreign missions in behalf of the said General Assembly as said General Assembly may from time to time direct ; also, to receive, take charge of and disburse any property or funds which sit any time and from time to time may be entrusted to said General Assembly, or said Permanent Committee, for foreign missionary purposes. Sec. 2. The said corporation shall possess the general powers and be subject to the provisions contained in title three of chapter eighteen of the first part of the revised statutes, so far as the same are applicable and have not been repealed or modified. Sec. 3. The management and disposition of the affairs of said corporation shall be vested in the individuals named in the first section of this Act, and their successors in office, who shall remain in office for such period, and be displaced and succeeded by others, to be elected by said General Assembly, and at such time and in such manner as the said General Assembly shall direct and appoint. Sec. 4. The said corporation shall in law be capable of taking and recovering and holding any real or personal estate which has been or may hereafter be given, devised or bequeathed to it or to the said General Assembly for the purposes aforesaid (and in conformity with existing statutes), or which may accrue from the use of the same; but the said corporation shall not take and hold real and personal estate above the Bum of two hundred and fifty thousand dollars. Sec. 5. This Act shall take effect immediately. b. Charter of the Board of Foreign Missions. A.n Act to incorporate the Board of Foreign Missions of the Presbyterian Church in the United States of America. — Passed April 12th, 1862. Chapter 187. The people of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Walter Lowrie, Gardiner Spring, William W. Phillips, George Potts, William Bannard, John D. Wells, Nathan L. Eice, Eobert L. Stuart, Lebbeus B. Ward, Eobert Carter, John C. Lowrie, citizens of the State of New York, and such others as they may associate with themselves, are hereby constituted a body corporate and politic for ever, by the name of the Board of Foreign Missions of the Presbyte- rian Church in the United States of America, for the purpose of establishing and con- ducting Christian missions among the unevangelized or pagan nations and the general diffusion of Christianity; and by that name they and their successors and associates shall be capable of taking by purchase, grant, devise or otherwise, holding, conveying or otherwise disposing of any real or personal estate for the purposes of the saidcor- poration, but which estate within this State shall not at any time exceed the annual income of twenty thousand dollars. Sec. 2. The said corporation shall possess the general powers, rights and privileges, xnd be subject to liabilities and provisions, contained in the eighteenth chapter of the first part of the revised statutes so far as the same are applicable, and also subject to the provisions of chapter three hundred and sixty of the laws of eighteen hundred and sixty. Sec. 3. This Act .shall take effect immediately. HI. THE BOAED OF EDUCATION.— See above, chap, xiv., sec. i. 3. IV. THE BOARD OF PUBLICATION. 1. The Board Established. Whereas Sabbath-school and tract publications cannot fail to exert a very great i.xfluence upon the growth of our Church and country ; and whereas, it is the duty of the highest judicatory of the Church to exercise 55 434 FOEM OF GOVERNMENT. such a supervision over this subject as will secure the diffusion of sound and scriptural principles for " the promotion of charity, truth and holi- ness," through all the churches under our care; therefore, Resolved, 1. That the General Assembly will superintend and conduct, by its own proper authority, the work of furnishing the churches under its care with suitable tract and Sabbath-school publications, by a Board appointed for that purpose, and directly amenable to said Assembly. 2. The General Assembly shall, at its present meeting, choose forty ministers and forty laymen as members of the tract and Sabbath-school Board, one-fourth part of whom shall go out annually, in alphabetical order, and thereafter ten ministers and ten laymen shall be annually elected as members of the Tract and Sabbath-school Board, whose term of office shall be four years; and these forty ministers and forty laymen so appointed shall constitute a Board, to be styled " The Board of Publica- tion of Tracts and Sabbath-school Books of the General Assembly in the United States of America," to which for the time being shall be entrusted such directions and instructions as may from time to time be given by the General Assembly, the superintendence of all the operations of the Pres- byterian Church in relation to the subject of tracts and Sabbath -school books. The Board shall make annually to the General Assembly a re- port of their proceedings, and submit for its approval such plans and measures as shall be deemed useful and necessary. 3. The Board of Managers shall hold their first meeting at such time and place as may be directed by the present General Assembly, and shall hold a meeting annually, at some convenient time during the sessions of the General Assembly, at which time it shall appoint a President, Vice President, a Corresponding Secretary, a Treasurer and an Executive Com- mittee to serve for the ensuing year. It shall belong to the Board of Man- agers to review and decide upon all the doings of the Executive Committee; to receive and dispose of their annual report, and to present any statement of their proceedings which they may judge proper and necessary to the General Assembly. It shall be their duty, also, to meet for the transac- tion of business as often as may be expedient, due notice of every special meeting being seasonably given to every member of the Board. 4. To the Executive Committee, consisting of not more than nine mem- bers besides the corresponding secretary and treasurer, shall belong the duty of selecting and preparing suitable tracts and books for publication ; of superintending and directing their distribution ; of receiving the reports of the corresponding secretary, and giving him needful directions in refer- ence to matters of business and correspondence entrusted to him ; of au- thorizing all appropriations of money ; and of taking the particular di- rection and management of the whole subject of tract and Sunday-school publications, subject to the control and direction of the Board of Man- agers. The Executive Committee shall meet at least once a month, and oftener, if necessary; five members meeting at the time and place of ad- journment or special call, shall constitute a quorum, except that the ap- proval of a majority of the whole Committee shall be necessary to direct the publication of any tract or book. The Committee shall have power to fill their own vacancies, if any occur during the recess of the Board. 5. All property, houses, lands, tenements and permanent funds belong- ing to the said tract and Sabbath-school Board shall be taken in the name of the trustees of the General Assembly, and held in trust by them for the use and benefit of " The Board of Publication of Tracts and Sabbath- school Books of the General Assembly of the Presbyterian Church in the United States of America," 'or the time being. OF MISSIONS. 435 6. The seat of operations of the Board of Managers shall be in the city of Philadelphia. 7. The Board of Managers shall have power, and they are hereby au- thorized, to receive a transfer of " The Presbyterian Tract and Sabbath- school Book Society," now under the care of the Synod of Philadelphia, with all the tracts, books and funds belonging to said society. — 1838, p. 23, O. S. 2. Alterations and Enlargements of the Plan. a. Resolved, That the name of the Board for the Publication of Tracts and Sabbath-school Books be changed to the name of The Presbyterian Board of Publication, and that its Constitution be so altered as to require said Board to publish not only tracts and Sabbath-school books, but also approved works in support of the great principles of the Reformation, as exhibited in the doctrines and order of the Presbyterian Church, and whatever else the Assembly may direct. Resolved, 3. That the third article of the Constitution of the Assembly's Board of Publication be amended by adding to it the following clause, viz. : " Eleven members shall constitute a quorum for the transaction of business." Resolved, 4. That the fourth article of the Constitution of the Board be so altered as to provide that "the Executive Committee shall consist of nine members besides the Corresponding Secretary and Treasurer." Resolved, 5. That to this Board be committed, on behalf of the Gene- ral Assembly, the publication of such works, permanent and periodical, as are adapted to promote sound learning and true religion. — 1839, p. 170, O. S. b. Resolved, That article third of the Constitution of the Presbyterian Board of Publication be so amended as to read as follows, viz. : Art. III. The Board of Managers shall hold their first meeting at such time and place as may be directed by the present General Assembly, and shall hold a meeting annually on the second Tuesday in June, at which time it shall appoint a President, Vice President, a Corresponding Secretary, a Treasurer, a Recording Secretary and an Executive Com- mittee to serve for the ensuing year. — 1853, p. 449, O. S. See also Baird, Rev. Ed., pp. 418-421. 3. The Publication Committee. For history of preliminary action of the Assembly, N. S., from 1846 on- ward, see New Digest, p. 394. The Committee Appointed, its Poivers and Duties. a. To promote the diffusion of those truths which distinguish us as a Church, the General Assembly adopts the following arrangement : 1. There is hereby established at Philadelphia a Standing Committee of nine persons whose duty it shall be to superintend the publication of a series of tracts explanatory of the doctrines, government and missionary policy of the Presbyterian Church, as the General Assembly shall from time to time direct. One-third of this Committee shall serve for one year, one-third for two years, and the remaining third for three years, the election to fill the places of those whose terms expire to be held at each meeting of the General Assembly. 2. This Committee shall elect a Secretary and Treasurer the former of whom shall receive such a salary per annum as shall be agreed upon by 436 FORM OF GOVERNMENT. the Comm.ttee, and shall be the editor of the tracts published, and also, as far as may be necessary, the soliciting agent for such an amount of funds as may be required to carry out the objects for which this Committee is appointed. 3. It shall be the duty of this Committee to meet at Philadelphia, and after due organization to take measures to procure the preparation and publication in cheap, neat and substantial form of a series of tracts for the purposes above stated. No tract to be published which does not receive the unanimous approbation of the Committee. 4. This Committee shall, if consistent with the interests of the Assem- bly, enter into a contract with some publisher or publishers to assume for a time the publication of such tracts as may be furnished them at certain rates, which shall be agreed upon in writing. And if no such arrange- ment can be profitably and satisfactorily made, then the said Committee shall by solicitation from the churches proceed to provide a sufficient fund for their publication in behalf of the Assembly. 5. This Committee shall make a full report of its proceedings to the General Assembly at each annual meeting. — 1852, p. 176, N. S. b. 2. That the Rev. George Chandler and Samuel H. Perkins, Esq., of Philadelphia, be added to the Committee. 3. That the rule requiring the unanimous consent of the Committee for the publication of any book or tract be so modified that a majority of three-fourths only shall be required. 4. That the Committee be authorized to take such measures as they may deem advisable to secure the necessary funds for the erection of a house of publication.— 1853, p. 330, N. S. c. Your Committee further recommend that the Publication Committee be enlarged to the number of fifteen, nine of whom shall reside in the city of Philadelphia or vicinity ; that of this number five shall constitute a quorum for ordinary business, whose sittings shall be in the city of Philadelphia, but nothing shall be authorized for publication, issued oi endorsed by said Committee, except by a majority of its members. All publications to issue simultaneously in the two cities of New York and Philadelphia with the imprimatur of the Committee. — 1854, p. 508. The number of members was fixed at fifteen, divided into three classes, five going out of office yearly. — 18.54, p. 508. 4. Name Changed to "The Presbyterian Publication Committee." —1855, p. 13, N. S. 5. "Works of a General Evangelical Type to be Published. Resolved, That the Publication Committee be encouraged to publish not only such works as may present the peculiarities of our branch of the Christian Church in doctrine and practice, but from time to time such works of an evangelical character as may be profitable to the Church at large.— 1857, p. 410, N. S. 6. The Trustees of the Presbyterian House Authorized and Directed to Act as Trustees of the Publication Committee. Resolved, By the General Assembly of the Presbyterian Church in the United States of America, that " The Trustees of the Presbyterian House" be and they hereby are authorized and directed to act in their corporate capacity as trustees of the Permanent Committee of this Assembly, called "The Presbyterian Publication Committee," as fully and in the same OF MISSIONS. 437 manner as if "The Presbyterian Publication Committee" were themselves constituted a corporation by the same authority which incorporated " The Trustees of the Presbyterian House." — Ibid., p. 410. See further New Digest, pp. 394-404, and Minutes, 1861-1869, 1ST. S. 7. The Board of Publication Organized, 1870. The unfinished business, viz., the report of the Joint Committee on Pub- lication, was resumed, and, after amendment, was adopted as follows, viz. : The Special Committee of five from each of the recent branches of the Church, appointed "to take into consideration the affairs" of the Publica- tion Board and Committee of said branches, and to "recommend to the Assembly of the united Church what changes are required " in said Board and Committee, respectfully report : That they have endeavored to give the matter referred to them that earnest and prayerful consideration which its importance demands. They regard the work of the Church to be prosecuted through this agency as scarcely second to that of any of our Boards. It is not only closely related to our missionary enterprises, but is itself, in many of its aspects, a missionary work. Its aim is the dissemination of vital truth, both among congregations already established and among the people who are never reached by the heralds of salvation. It is at once auxiliary to the ministry and of itself a ministry. Every tract is, or should be, a message from God. Every Sunday-school book should be a preacher of righteousness. To effect this work involves a liberal use of money, of mind, and of every resource committed by God to human hands. The first necessity is a central house of publication, which should be endowed with every appliance needed for the preparation and the diffusion of religious literature. Economy, of course, should be studied. It is not, in our view, essential that large sums be invested in the machinery of pub- lication, such as presses and binderies. The use of this machinery can be commanded without purchase. But it is essential that a proper house be provided for the transaction of the business of this agency, and for the issue and circulation of its literature. The buildings erected for this pur- pose, and now under the control of the Assembly, are wholly inadequate. Both are small and ill-arranged. Neither has been found sufficient for the wants of the Church as divided; the work before the Church as united w T ill be vastly greater than has ever yet been attempted. It is believed, also, that, so far as possible, all the operations of the united Church con- ducted from Philadelphia should be concentrated under one roof. The house of publication should be virtually a Presbyterian house, a centre and a home for the denomination, a rallying-point for all the interests of the Church which the Assembly in its wisdom may localize in this city. The advantages of such a concentration in facilitating the transaction of the business of the Church, in promoting the general convenience, and in fostering a proper denominational life and spirit, are too obvious to require remark. But to effect this a new and extensive building must be erected ; and it is believed that the recognition of this necessity by the Assembly will so enlist the sympathy of the Church as to secure the ready accom- plishment of the plan submitted in the subjoined resolutions. The second necessity is an efficient Board and proper officers. The Board should be constituted, we believe, of a comparatively small num- ber of thoroughly practical, wise and energetic men, all of whom can be relied upon to attend the meetings of the Board, and to devote their per- sonal attention to its operations. This number should be larger than may 438 FOEM OF GOVERNMENT. be required by the other Boards of the Church, inasmuch as its work will necessitate several sub-committees. It should be also somewhat larger than may be required by the constitution of these sub-committees, in order that vacancies in the Committees themselves may be readily filled by men of experience, and in order that perplexing questions may be submitted to the wisdom of a full council ; yet the number should not be so large as to weaken a sense of individual responsibility. Experience has proved that a few men, each of whom can be easily reached, all of whom have a vital interest in the trusts confided to them, will perform any given labor more efficiently than a large Board whose members are so diffused as to be seldom collected, or as to forget the claims of a duty whose immediate field is far away. The officers of this Board should be men adapted to their sphere, care- fully selected, in number sufficient to conduct the business placed in their hands, and so remunerated that they can devote their entire time and ener- gies to the work. The Board should also be empowered to employ such other assistants as in their judgment may be required. The third necessity is the maintenance of a force of colporteurs suf- ficiently large to reach the outlying population of the land by the gospel, and to prepare the way for the establishment of churches wherever they may be made permanent and effectual. Provision should also be made for the supply of Sunday-school libraries and of the general literature of the Board on the liberal terms of an enlarged Christian benevolence. The fulfillment of these conditions will be found to require some changes, notwithstanding the admirable manner in which this work has been conducted hitherto. Our beloved Church has already accomplished so much in the direction indicated that we can refer to its past operations with just thanksgiving; but, while we think no great and radical changes in this department of our Christian work are desirable, the day has now come for an enlargement of all our plans — a fresh and more vigorous movement in the development of a spirit of enterprise for Christ. God's promises were always full. His providence now calls us to new faith in the promises, and to a new consecration to that work with which the fulfillment of the sure and glorious prophecy is associated. We therefore respectfully recommend the adoption, by this General Assembly, of the following resolutions as comprehending the changes in our judgment required in order to the union and reorganization of the Presbyterian Board of Publication and the Presbyterian Publication Com- mittee, viz. : Resolved, 1. The said Board and Committee are hereby united under the name and title of the " Presbyterian Board of Publication." 2. The said Board shall henceforth be composed of forty-eight mem- bers, one half of whom shall be ministers and one half laymen. These members shall be divided into three classes, one class, containing eight ministers and eight laymen, after the present year to be elected annually by the General Assembly for a term of three years. 3. In order to an immediate and thorough reorganization of the Board, all persons now members of the Board and the Committee are discontin- ued, and their membership ceases, and the following persons, taken in equal numbers from each of the late branches, are recommended to fill the three classes. For the class whose term shall expire in May, 1871 : Ministers. — Alexander Reed, D. D., J. Grier Ralston, D. D., Robert M. Patterson, Thomas Murphy, Peter Stryker, D.D., Stephen W. Dana, Rich- ard H. Allen, D. D., William T. Eva. of missions. . 439 Laymen. — Henry E. Thomas, John Sibley, James T. Young, H. Lenox Hodge, M. D., Edward R, Hutching, M. D., William L. Hildeburn, Wil- liam E. Camp, Horatio B. Lincoln. For the class whose term shall expire in May, 1872 : Ministers. — George F. Wiswell, D. D., John W. Dulles, Daniel March, D. D., H. Augustus Smith, Willard M. Rice, D. D., F. Reck Harbaugh, Matthew B. Grier, D. D., Matthew Newkirk. Laymen. — George W. Simons, Joseph Allison, LL.D., Henry M. Paul, Edward Miller, James Ross Snowden, John D. McCord, Gilbert Combs, Gustavus S. Benson. For the class whose term shall expire in May, 1873 : Ministers.— William P. Breed, D. D., William E. Schenck, D. D., Da- vid A. Cunningham, Benjamin L. Agnew, Zephaniah M. Humphrey, D. D., William E. Moore, Thomas J. Shepherd, D. D,, Herrick Johnson, D. D. Laymen. — Morris Patterson, Winthrop Sargent, Archibald Mclntyre, George Junkin, Samuel C. Perkins, William E. Tenbrook, Robert N. Wilson, Alexander Whilldin. 4. The said Board shall hold at least four regular meetings in the course of each year, in the months of June, October, January anol April. Its first meeting shall be held at 821 Chestnut street, at four o'clock p. m., on the second Tuesday of June of the present year. 5. The executive officers of the Board shall be a secretary or secre- taries, whose titles and duties shall be defined by the Board, and a Trea- surer. 6. All other internal arrangements necessary for carrying out the pur- poses of its organization shall be made by the Board of Publication after its reorganization. 7. Each Presbytery is directed to appoint one or more of its members a Presbyterial Publication Committee; which Committee shall, in that Pres- bytery, supervise the work of securing an annual collection for this Board from each of its churches ; shall search out and recommend to the Board suitable persons to act as colporteurs ; shall correspond with the Board in reference to its work in that Presbytery; and shall do whatever else may tend to prorate the work and interests of the Board, and to secure a thor- ough distribution of the Board's publications within and throughout the bounds of the Presbytery. 8. All the property, of every kind, now T owned by the "Presbyterian Board of Publication " and by the " Presbyterian Publication Committee," or held by any Board of Trustees for the use and benefit of either of them, is hereby directed to be united, and placed in possession of " The Trustees of the Presbyterian Board of Publication," incorporated by the Legisla- ture of the State of Pennsylvania, and whose charter was approved by the governor of that State on the loth day of February, A. D. 1847. And in order that the late two branches of the Presbyterian Church, now happily reunited, may have, as nearly as possible, an equal representation in said Board of Trustees of the Presbyterian Board of Publication (there now being enough vacancies by death and resignation to effect the changes proposed), the Board of Publication is directed, at its next meeting in the month of June, to elect the following persons to be members of this Board of Trustees : For one year — Alexander Whilldin, Samuel C. Perkins, Archibald Mc- Intire. For two years — Morris Patterson, William E. Tenbrook. For three years — George Junkin, James Ross Snowden and Robert N. Wilson. 440 FORM OF GOVERNMENT. 9. The "Trustees of the Presbyterian House" are hereby directed to convey, by a good and sufficient legal title, to " The Trustees of the Pres- byterian Board of Publication," the house and lot, Nos. 1334 and 1336 Chestnut street, now occupied by the Presbyterian Publication Committee in part as a book-store, and any other property now in their possession, or which may hereafter come into their possession, for the use of the Presby- terian Publication Committee. And should any legal difficulties be found in the way of making such a conveyance or transfer, then " The Trustees of the Presbyterian House" and "The Trustees of the Presbyterian Board of Publication" are hereby directed to procure, as speedily as possible, such special enactments from the Legislature of this State, or decrees of any courts of competent jurisdiction, as shall remove those difficulties. 10. The General Assembly recommends the Board of Publication, as soon as practicable after its reorganization, to sell its house and lot, No. 821 Chestnut street, and to provide a larger house, adequate to its now ex- tended operations, and to the prospective growth of its business, on the premises Nos. 1334 and 1336 Chestnut street, or in that vicinity. 11. In order that the above recommendation may be carried out, so as to provide ample accommodations for the Board's future business, and for all other Presbyterian interests in this city, it is recommended that the sum of one hundred thousand dollars be raised among our churches and people for the erection and equipment of said Presbyterian house, and all contributions made thereto shall be recognized as a part of the offering of five millions of dollars which it was at Pittsburg resolved to raise. 12. All the Committees and officers of the Board of Publication, and of the Publication Committee, are requested to continue to perform their respective duties as at present, until otherwise directed by the newly-or- ganized Board of Publication. 13. The Board of Publication and the Publication Committee are di- rected to submit to the next General Assembly, and each year thereafter, a full statement of the property of said Boards, consisting of real estate, copy-rights, books, paper, plates and any other assets, with an estimate of the value thereof.— 1870, pp. 113-116. 8. The Sabbath-school "Work of the Board.— Three Branches. a. 1st. That the Board of Publication be instructed so to enlarge its ar- rangements as to make the Sabbath-school work a prominent and organic part of its operations ; and that it is exceedingly desirable that the entire congregations in our churches, old and young, be permanently connected with the Sabbath-school, either as scholars or teachers. 2d. That the Board, so enlarged in the sphere of its operations, keep before it these three branches of the Sabbath -school work: (A.) To furnish a complete literature for Sabbath-schools, consisting of its own and other well-selected books for libraries, helps of all kinds for the study of the Scriptures and catechism, periodicals for teachers and scholars, and all other apparatus fitted to give efficiency to the work of teaching. (B.) To establish such agencies as it may deem suitable for elevating the standard of teaching, and more thoroughly developing the great idea of Sabbath-schools — that of imparting the knowledge of God to the young and drawing them to the salvation of Christ. (C.) In appointing colporteurs, as far as possible, to select such persons as may also be suitable for Sabbath-school missionaries, and instruct them to establish Sabbath-schools in destitute localities, under the supervision of the Presbyteries. OF MISSIONS. 441 ' 3d. That the churches be urged to contribute more largely to the mis- sionary fund of this Board, to meet the increased expense which the work- ing of this branch of its operations will demand. — 1871, p. 524. b. In the Sabbath-school department the instructions of the last Assem- bly have been carried out. A general superintendent has been appointed ■ — Mr. J. Bennet Tyler — who in January last entered upon his duties, has performed much preparatory work, and everywhere found interest and sympathy with the plans of the Assembly. To the Westminster series of Sabbath-school lessons for teachers and scholars three numbers have been added, in continuation of a plan which embraces a full curriculum of Bible study.— 1872, p. 20. 9. Charter of the Board. An Act to Incorporate " The Trustees of the Presbyterian Board of Publication" Whereas, The General Assembly of the Presbyterian Church in the United States of America have a Board of Publication composed of ministers and laymen of the Presbyterian Church, the design of which is " the publication of such works, perma- nent or periodical, as are adapted to promote sound learning and true religion ;" And Whereas, The aforesaid Board of Publication labors under serious disadvan- tages as to receiving donations and bequests, and as to the management of funds en- trusted to them for the purpose designated in their Constitution, and in accordance •with the benevolent intentions of those from whom such bequests and donations are received; Therefore, Section 1. Be it enacted by the Senate and House of Representatives of the Com- monwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, that Matthew Xewkirk, James X. Dickson, William S. Mar- tien, James B. Ross, Archibald Mclntyre, Joseph B. Mitchell, Alexander W. Mit- chell, M. D., Robert Soutter, Jr., and James Dunlap, citizens of the United States and of this Commonwealth, and their successors, are hereby constituted and declared to be a body politic and corporate, which shall henceforth be known by the name of " The Trustees of the Presbyterian Board of Publication," and as such shall have per- petual succession, and be able to sue and be sued in all courts of record, and else- where ; and to purchase and receive, take and hold, to them and their successors, for ever, lands, tenements, hereditaments, goods, money and chattels, and all kinds of estate which may be devised, or bequeathed, or given to tliem ; and the same to sell, alien, demise and convey; also to make a common seal, and the same to alter and re- new at their pleasure: and also to make such rules, by-laws and ordinances as may be needful for the government of the said corporation, and not inconsistent with the Constitution and laws of the United States, and of this State; Provided, always, that the clear yearly income of the real estate held by the said corporation shall not at any time exceed the sum of five thousand dollars. Sec. 2. The Trustees above named shall hold their offices for one year from the date of this incorporation, and until their successors are duly qualified to take their places; who shall be chosen by the aforesaid Board of Publication, at such times and in such manner as shall be provided by the said General Assembly of the Presby- terian Church in the United States of America, provided not more than one-third of the Trustees shall be removed in any one year. Sec 3. The Trustees hereby incorporated, and their successors, shall (subject to the direction of the said Board of Publication) have full power to manage the funds and property committed to their care, in such manner as shall be deemed most advan- tageous, and not contrary to law. JAMES COOPER, Speaker of the House of Representatives. CH. GIBBONS. Speaker of the Senate. Approved the thirteenth day of February, one thousand eight hundred and forty- seven. FR. R. SHUNK." 56 442 FORM OF GOVERNMENT. V. THE TRUSTEES OF THE CHURCH ERECTION FUND. 1. The Organization. The report of the Joint Committee on Church Erection was adopted, as follows : In entering on their work the Committee found that the trusteeship of the Church Erection Fund was a chartered institution, formed under the laws of the State of New York, and possessed of a permanent fund of $126,000, more or less, of which about $90,000 were invested in interest- bearing securities in the State of New York, and the remainder in various liabilities given by feeble churches which had been aided. They also learned that, in accordance with certain amendments of the plan passed by the General Assembly which met at St. Louis in 1866, the system of loans had been abandoned, and a so-called Supplementary Fund created, to consist of the yearly interest of the Permanent Fund, together with such sums as should be raised by the annual contributions of the churches, all of which, in absolute donations, to be devoted to the current demands of the work. This Board of Trustees, having charge of both the Perma- nent and the Supplementary Fund by the terms of the charter, consists of nine members residing in New York or its vicinity, and are elected in classes from year to year by the General Assembly, according to the char- tered rules prescribed. On the other hand, the Committee learned that the Board of Church Extension, having its centre of operations in St. Louis, Mo., was without a charter and without permanent funds, holding only current receipts appropriated and unappropriated, together with certain temporary invest- ments in real estate ; that the said Board of Church Extension was there- fore. free from any legal obstacles which might prevent a change either of location or of name, or stand in the way of its being united under the charter of the organized and localized Board of Church Erection. In view of these considerations the Joint Committee do respectfully and unanimously recommend. — 1. That the operations of the United Church be carried on under the charter of " The Trustees of the Church Erection Fund of the Presby- terian Church in the United States of America," and that its location be continued in the city of New York. 2. That the members of the Board be chosen impartially from both branches of the Church, that their number be twenty-one, consisting of ten ministers and eleven laymen acting in connection with the Presbyte- rian Church, and that the entire Board so formed be expected to meet at least once a year. 3. That fifteen members, seven ministers and eight laymen, shall reside in the city of New York or its vicinity ; that at an early day an amend- ment of the charter be obtained, authorizing these fifteen local members to act as trustees of the fund, but until such change shall be secured nine of the fifteen members shall continue to hold the said trusteeship under the provisions now existing. 4. That six members of the Board, three ministers and three laymen, shall be chosen from the West. This recommendation is made in view of the fact that certain properties held by the Board of Church Exten- sion are temporarily located in Missouri, and require a local supervision. It also seems desirable that the Board shall have representatives on the ground who may secure those grants of land which are so freely offered for church purposes by railroad and town companies throughout the West, also to have special oversight in the matter of insurance on church prop- OF MISSIONS. 443 erties — a matter of great importance, in which it is feared there is at pres- ent great neglect. 5. That a secretary be appointed who shall reside in New York, and whose functions shall be similar to those of the present secretaries of Church Erection and Church Extension ; also that the Board shall have authority to appoint an additional secretary and define his duties. 6. While the Committee appreciate and would earnestly encourage all local efforts to build churches and chapels in the cities and in Presbyte- ries by special contributions, they unanimously recommend that the Assem- bly take the most efficient measures to secure an annual contribution from all the churches for the general work of the Board. The suburbs of our large cities must be cared for, but at the same time the demands of the great wastes of the continent are most imperative upon the whole Church. In conclusion, the Commitiee would express the hope that this depart- ment of the Church work, so fundamental to all permanent success, may be brought into greater prominence and receive a larger degree of favor and support. It should be not merely a passive resource to which the needy may resort for a stinted dole, but a powerful aggressive agency arousing and stimulating the Church to substantial conquest everywhere in the cities, on the prairies, along the railroads and on the far-off shores of the Pacific. In view of the fact that legal questions might arise in connection with some of the points in this report, Messrs. S. T. Bodine and J. 0. Havens were appointed to consult legal authorities thereupon, and report to the Committee at a subsequent meeting. The Committee then adjourned to meet in the First Presbyterian Church of Philadelphia during the sessions of the General Assembly. At a conference of certain members of the Joint Committee, held in Philadelphia since the sessions of the General Assembly began, a quorum not being present, Mr. Samuel T. Bodine reported that he had consulted proper authorities in regard to legal points in the above report, and had obtained the following opinions : 1. That the Church Erection Fund, located by charter in the State of New York, would be embarrassed if not imperiled by any change in the place of business. 2. That at an early day steps should be taken to secure a change in the charter, raising the number of trustees from nine to twenty-one, of whom five shall constitute a quorum for the transaction of business. 3. That fifteen of the twenty-one members of the Board, namely, seven ministers and eight elders, should reside in the city of New York or its vicinity.— 1870, p. 116. 2. The Plan for the Custody, Care and Management of the Church Erection Fund, as Adopted by the Assembly of 1854 and Amend- ed by the Assembly of 1866, N. S. Preamble. The General Assembly of the Presbyterian Church in the United States of America having, through the liberality of the congregations connected with this body, established a Fund for the purpose of aiding feeble congre- gations in erecting houses of worship, do hereby adopt the following plan under which this Fund shall be held, administered and used : Article I. The Fund having been committed to the General Assembly as a spe- cial trust, no part of it as now established, nor any additions which m** 444 FORM OF GOVERNMENT. hereafter be made to it, shall ever be used for any other purpose than that of aiding feeble congregations in connection with the General Assembly in erecting houses of worship, except so much as may be absolutely neces- sary to defray the expenses incident to the administration of this plan. Article II. The custody, care and management of this Fund, and of all securities of every kind belonging to it or growing out of it, together with all claims, dues and property that may at any time pertain to it, and all additions that may hereafter be made to it by donations, bequests or otherwise, shall be committed to a Board of Trustees, to be called " The Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America." The Board shall consist of twenty-one members, being ministers and elders in connection with some Presbytery or Church under the care of the General Assembly, who shall reside in the city of New York or its immediate vicinity, and whom the General Assembly shall elect by ballot on a nomination to be made at least one day before such election. The trustees shall continue in office until the election and induction of their successors. The certificate of the stated clerk of the General Assembly shall be necessary to entitle a trustee to take his seat as a member of the Board, which certificate it shall be his duty to furnish as soon as practicable after the election. The trustees first elected shall arrange themselves into three equal classes. The term of office of the first class shall expire in one year from their election, that of the second class in two years, and that of the third class in three years. After the first election, the General Assembly shall annually elect trustees to supply the place of the class whose term is about to expire, to hold their office for three years, the same persons always being re-eligible ; and each General Assembly shall also by election sup- ply any vacancy in the Board caused by death, resignation or otherwise. If any trustee shall, during the term for which he is elected, cease to be connected with a Presbytery or Church under the care of the General Assembly, he shall thereby cease to be a member of the Board, and the vacancy shall be reported to the next General Assembly. Article III. The first meeting of the Board shall be held on the second Tuesday of June next, in the city of New York, at such place and hour as the stated clerk of the General Assembly may appoint, who shall preside until the Board is organized by the choice of its president. Article IV. The Board shall make their own By-Laws. They shall annually, at their first meeting after the adjournment of the General Assembly, elect one of their number President of the Board, and shall appoint a Secre- tary and a Treasurer, who shall give security to the Board for the faithful performance of his duties. They shall keep complete books of record and account, in which shall be recorded all their proceedings, and the true state at all times of all matters relating to this Fund, which records and accounts, or any part of them, shall at all times be open to the inspection of any Committee appointed by the General Assembly for this purpose. They shall also keep full and correct copies and files of all the corre- spondence which may be conducted or received by them or in their name, and shall annually present to the General Assembly, not later than the OF MISSIONS. 445 ihird day of its sessions, a full report of their proceedings and of the state of the Fund, together with any suggestions or recommendations which they may deem necessary or suitable. Article V. The Board are hereby directed, either by procuring a special act of the Legislature of the State of New York, or in accordance with the existing statutes of said State, to incorporate themselves and their successors in office, always to be elected, as aforesaid into a body corporate and politic, invested with all such legal powers as may be necessary to enable them to hold and administer this Fund in conformity with the provisions of this plan. ^Article VI. The Board is directed to invest and to keep at interest on sufficient security the Fund as now established, and as the same shall hereafter be increased by gift, bequest or otherwise. Article VII. The Board shall prepare blank forms of all such legal and other papers as may be required for the proper distribution and management of the Fund and accruing interest ; the forms so prepared and furnished, and none others, shall be used in all matters and transactions relating to the Fund to which they may be applicable. They shall designate such legal advisers within the bounds of each Synod as, by a correspondence with the Church Extension Committees of the Synods, may be found desirable, to examine all certificates of title and all conveyances and other documents connected with the donation of any part of the accruing interest, includ- ing a careful investigation in regard to the legal incorporation of the Board of Trustees of the congregations concerned, and they shall further have power to appoint an agent in each Synod, and to require that all payments of money that may become due to this Fund shall be made to such agent. Article VIII. In order to be entitled to the use of any portion of the accruing inte- rest, each Synod connected with the General Assembly shall annually elect a Committee on Church Extension, consisting of at least five mem- bers. The stated clerk of the Synod shall, immediately after the election of the said Committee, transfer to the President and Secretary of the Board his certificate of such election, giving the name and residence of each member. Article IX. All applications for aid shall be made, in the first instance, to the Com- mittee on Church Extension of the Presbytery to which the applicants belong, or within whose bounds they are situated. Every such applica- tion shall be in writing, and shall particularly state, The location of the house or site for its erection ; the number of families or persons attached to the congregation or that propose to unite in building a house of wor- ship ; the description of the house which they propose to build, with its estimated and probable cost, or the description and cost of the house and lot owned by the congregation; the amount of reliable subscriptions which have been obtained, and how much has been paid thereon ; the amount of available means possessed by the congregation, if any ; whether 446 FORM OF GOVERNMENT. the congregation is in debt, and if so to what amount and when the same becomes due; and also any other facts which may aid the Committee of the Synod in judging of the application. This application shall be accom- panied by the certificate of one of the legal advisers of the Board that the title to the lot on which the house is to be built is vested in said con- gregation, and is free from all legal encumbrance and liability. Article X. If the Committee of the Synod, to whom application for aid has been made as above provided, shall, after a careful examination into the con- dition and prospects of the congregation so applying, be satisfied that such congregation have done all that should reasonably be expected of them, and that with the aid which can be afforded from the accruing inte- rest, and the voluntary contributions hereinafter mentioned, they can build or possess a house of worship adapted to their w r ants and be free from indebtedness, then the Committee shall sign a certificate addressed to the Board, stating the application, and that they have examined and approve of it, and also stating the amount which it is proper to donate to the con- gregation. This certificate, together with the application made to the Committee of the Synod, shall be transmitted to the Board. On the receipt thereof, in due form, the Board shall as soon as practicable, if the application is granted, forward the necessary papers, to be executed by the trustees of the congregation, and to be approved by their legal adviser, or some other attorney proposed by the congregation and accepted by the Board. When the papers so executed, approved and properly recorded are returned to the Board, they shall authorize the treasurer of the trus- tees of the congregation, or any other person duly appointed by them for this purpose, to draw on the Treasurer of the Board for the amount thus applied for and donated. Article XL The Board shall not in any case donate any portion of the accruing interest to any congregation, unless such congregation own in fee simple and free from all legal encumbrance the lot on which their house of wor- ship is situated, or on which they propose to build, nor shall any donation be made for the payment of any debt, except that which may have been contracted within one year previous in erecting a house of worship. The sum donated to any congregation shall never be more than one- third of the amount contributed and secured by them for the house and lot. The condition of all donations from this source shall be that, in case the church or congregation shall cease to be connected with the General Assembly, or their corporate existence shall cease, or their house of wor- ship be alienated except for the building or purchase of a better house of worship, they shall refund to the Board the amount which they have so received, with interest from the time of receiving it. The fulfillment of the above condition shall, in all cases, be secured by the bond of the trustees of the congregation, and a mortgage on their house and lot made in favor of the Board, which bond and mortgage, duly executed and recorded, shall always be placed in the possession of the Board before any money is paid over to the congregation. Article XII. In accepting this trust and adopting this plan, the General Assembly hereby leclares that the first article shall admit of no alteration or amend- OF MISSIONS. 447 merit, and that no change shall be made in any other part of the plan by any future General Assembly, except by an affirmative vote of two-thirds of all the members whose names have been entered upon the roll. Supplementary Article. As supplementary to this plan, and in order to enable the Board fully to meet all the reasonable demands of feeble congregations for aid in erect- ing houses of public worship, the General Assembly earnestly recommends all the congregations within its bounds to take up annual collections and transmit them to the Treasurer of the Board, to be appropriated by said Board, and distributed by gift for the objects contemplated in the plan, and on the conditions and limitations prescribed therein. And the better to secure this end, it shall be the duty of the Board to present with their annual report an estimate of the amount probably needed for the ensuing year, together with the facts and reasons upon which such estimate is based, in order that the Assembly may determine the amount it will recommend the churches to raise by voluntary contri- bution. It was further Resolved, That the plan of Church Erection now adopted be put into operation upon, and take effect from, the first day of August, 1866.— 1866, pp. 254-258. 3. Charter of the Church Erection Fund. An Act to incorporate the Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America. — Passed March 31, 1855. The people of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. Samuel T. Spear, Asa D. Smith, Edwin F. Hatfield, James W. McLane, Walter S. Griffith, Oliver H. Lee, Norman White, William E. Dodge and Stephen H. Thayer (designated for the purpose by the General Assembly of the Presbyterian Church which met in Philadelphia, in May, 1854), and their successors in office, are hereby constituted a body corporate and politic, by the name of " The Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America," for the purpose of aiding feeble congregations in connec- tion with the said General Assembly in erecting houses of worship, and by that name they and their successors shall and may have perpetual succession ; provided, that no money shall be furnished by said corporation for the erection of any house of worship in any State or territory, in which there shall exist at the time a law for the incorpo- ration of religious societies, the title to which is not held by a religious corporation under and according to the laws of the respective States or territories in which such places of worship are located ; provided, also, that the title shall in no instance be vested in any priest, bishop or other ecclesiastic. Sec. 2. The said corporation shall possess the general powers, and be subject to the provisions, contained in title 3 of chap, xviii. of the 1st part of the Eevised Statutes, so far as the same are applicable and have not been repealed or modified. _ Sec. 3. The management and disposition of the affairs and funds of said corpora- tion shall be vested in the individuals named in the 1st section of this Act, and their successors in office, who shall remain in office for such period, and be displaced and suc- ceeded by others, to be elected at such time and in such manner as the said General Assembly shall direct and appoint; and such election shall be made, and the said funds shall be held and administered, invested and disposed of, for the purposes afore- said, in conformity with the provisions of the plan adopted by the said General As- sembly. Sec. 4. The said corporation shall in law be capable of taking, receiving and hold- ing any real or personal estate which has been or may hereafter be given, devised or bequeathed to them for the purpose of their incorporation, or which shall accrue from the use of said fund ; but the said corporation shall not take and hold real and per- sonal estate above the sum of two hundred and fifty thousand dollars. 448 FORM OF GOVERNMENT. Sec. 5. This Act shall take effect immediately. State of New York, \ Secretary's Office. J I have compared the preceding with the original law on file in this office, and I do hereby certify that the same is a correct transcript therefrom, and of the whole of such original. Given under my hand and seal of office, at the City of Albany, this [L. S.] second day of April, 1855. A. G. JOHNSON, Dep. Secretary of State. THE CHAETEE AMENDED. An Act to amend an Act entitled "An Act to incorporate the Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America," passed March 31, 1855.— Passed March 27, 1871. The People of the State of New York, represented in Senate and Assembly, do enact at follows : Section 1. Section one of the "Act to incorporate the Trustees of the Church Erection Fund of the General Assembly of the Presbyterian Church in the United States of America," passed March thirty-first, eighteen hundred and fifty-five, is hereby amended so as to read as follows: $ 1. Joseph Fewsmith, John Thompson, Elijah E. Craven, Norman Seaver, John Hall, Charles A. Dickey, Frank F. Ellinwood, Morris C. Sutphen, Henry E. Wilson, Samuel J. Niccolls, Joseph E. Skidmore, Frederick G. Burnham, Jonathan C. Ha- vens, Otis D. Swan, George AV. Lane, John P. Crosby, Winthrop S. Oilman, Nathan Lane, Hezekiah King, Eussell Scarritt, James M. Brauner (designated for the pur- pose by the General Assembly of the Presbyterian Church which met in Philadel- phia in May, eighteen hundred and seventy), and their successors in office, are hereby constituted a body corporate and politic, by the name of " The Board of the Church Erection Fund of the General Assembly of the Presbyterian Church in tiie United States of America," for the purpose of aiding feeble congregations in connection with the said General Assembly in erecting houses of worship, and by that name they and their successors shall and may have perpetual succession ; provided, that no money shall be furnished by said corporation for the erection of any house of worship in any State or territory, in which there shall exist at the time a law for the incorporation of religious societies, the title to which is not held by a religious corporation under and according to the laws of the respective States or territories in which such places of worship are created ; provided, also, that the title shall in no instance be vested in any priest, bishop or other ecclesiastic. \ 2. All acts done by said Trustees, in the proper performance of their trust, since their designation by said General Assembly, are hereby ratified and confirmed. \ 3. This Act shall take effect immediately. State of New York, \ Office of the Secretary of State, J s " I have compared the preceding with the original law on file in this office, and do herebv certify that the same is a correct transcript therefrom, and of the whole of the said original law. Given under my hand and seal of office, at the city of Albany, this first fL. S.] day of May, in the year one thousand eight hundred and seventy- one. D. WILLEES, Jr., Dep. Secretary of State. VI. RELIEF FUND FOR DISABLED MINISTERS, AND THE WIDOWS AND ORPHANS OF DECEASED MINISTERS. a. The Assembly of 1849, O. S., adopted the following, viz. : Whereas, There are many disabled and superannuated ministers in con- nection with the Presbyterian Church, and widows and families of Pres- byterian ministers who are in indigent circumstances, and as the Church increases their number is likely to increase; and whereas it is the duty of the Church to provide for those who have devoted their time and spent of missions. 449 their energies in' her service, and also for their families ; and whereas no local provision can effectually meet this object, and no efficient general provision has ever yet been made ; therefore, Resolved, 1. That in order to constitute a fund for the support of the widows and families of deceased ministers, and for the relief of superan- nuated and disabled living ministers, it is hereby enjoined upon all our Synods and Presbyteries to take such action as may secure a contribution annually. Resolved, 2. That a column be added to the table of Statistical Reports for these contributions. Resolved, 3. That the funds thus contributed be placed in the hands of the Board of Trustees of the General Assembly, to be disbursed by the Board of Publication upon the recommendation of Presbyteries, as the funds for Domestic Missions, Education and Church Extension are now appropriated. Resolved, 4. That in order to the founding of a permanent fund for this same object, special contributions and legacies be invited from all parts of the Church, the principal of which shall be safely invested by the Board of Trustees of the General Assembly, and the interest to be added to the general fund provided for in a foregoing resolution. — 1849, p. 266, O. S. Overture No. 25. A request from the Board of Publication, in answer to which the following minute was ordered, at the recommendation of the Committee, viz. : The duty of disbursing the fund in aid of superannuated and disabled ministers and their families is hereby transferred from the Board of Pub- lication to the trustees of the General Assembly. — 1852, p. 224, O. S. On a report of the trustees the Assembly adopted the following, viz. : 1. Resolved, That it be earnestly recommended to the Presbyteries to take such action in regard to this matter as will tend to bring up the Church to the performance of her duty in regard thereto. 2. Resolved, That every minister and church session be earnestly re- quested to present this subject to their congregation during the coming year, and obtain a contribution to the object ; which contribution shall be transmitted to the treasurer of the Board of Trustees of the General Assembly, to be disbursed in an economical way, and upon an equitable ratio, upon application made through the Presbytery to which the party applying for relief naturally belongs, or a Committee of that Presbytery; the Board to report to the next General Assembly. — 1856, p. 533, 6. S. A Committee was also appointed to digest and report to the next As- sembly a scheme for future operations. [See the report.— 1857, p. 218.] b. The Assembly of 1861, N. S., in answer to an overture from the Presbytery of the District of Columbia, "On the subject of raising a fund to be applied to the aid of disabled ministers and their families," appointed a Committee, to report to the next Assembly a plan of operations. — 1861, p. 473. The Committee was enlarged and continued (1862, p. 38) ; dis- charged and a new Committee appointed (1863, p. 280). This Committee reported (1864, pp. 497-502), and the following was adopted : Resolved, 1. That a fund, to be called "The Ministerial Relief Fund;' for the relief of disabled ministers of good and regular standing, in con- nection with this body, and the families of ministers who have deceased while in our connection, be constituted, to be supplied by annual collec- tions in all our churches, donations and legacies. Resolved, 2. That in order to constitute and maintain such fund, it is 57 451 FORM OF GOVERNMENT, hereby enjoined upon all our Presbyteries to take such action as shall se- cure from every church an annual contribution thereto. Resolved, 3. That this fund be entrusted to the trustees of the Presby- terian House, to be by them disbursed upon the recommendation of Pres- byteries, upon such principles and rules of distribution as they shall deem most equal and beneficial. Resolved, 4. That for the special oversight and care of the interest thus committed to them, the trustees are authorized to appoint a secretary, pre- scribe his duties and determine his salary. — 1864, p. 502, N. S. That every Presbytery be directed to appoint a Standing Committee, whose duty it shall be to inquire into the necessities of disabled ministers, and of the widows and orphans of those deceased, with a view of bringing the cases of such to the notice of the Executive Committee of the Relief Fund.— 1865, p. 30, K S. 1. The Present Organization. The Relief Fund for Disabled Ministers, and the Widows and Orphans of Deceased Ministers, is committed by the Assembly to the Board of Trustees of the General Assembly, according to the fol- lowing : The report of the Joint Committee on Ministerial Relief was taken from the docket, amended and adopted as follows : The Joint Committee appointed to take into considerition the affairs of the Fund for Disabled Ministers and their Families, and of the Ministerial Relief Fund, respectfully report to the Assembly that they have attended to the duty assigned them, and that they unanimously recommend the adoption of the following resolutions: 1. That the fund be designated " The Relief Fund for Disabled Minis- ters and the Widows and Orphans of Deceased Ministers." 2. That the "Trustees of the General Assembly" shall annually, at as early a day as practicable after the rising of the Assembly, elect a secre- tary and a treasurer, and four of their number, who, for the present year, shall be a Committee to take charge of the management of this fund. 3. That the trustees of the General Assembly be recommended to con- tinue in office the present secretaries of the two funds, the one to be the secretary of the Relief Fund and the other to be the treasurer. 4. That the " Trustees of the Presbyterian House," and the " Trustees of the General Assembly," be directed to pay the income accruing from investments held by them respectively for the purposes of this fund to the treasurer of the Relief Fund.— 1870, p. 123. 2. The Funds are Disbursed according to the following Rules, approved by the Assembly of 1871. 1. The stated meetings of the Committee shall be held on the 3d Tues- day of each month, at four o'clock p.m., unless otherwise ordered. A special meeting may be called at any time by the chairman, or, in case of his absence, at the request of any two members of the Committee. 2. All appropriations must be made on the recommendation of that Presbytery to which the applicant most naturally belongs, or of a Stand- ing Committee of that Presbytery. Only members of the Presbyteries in connection with the General Assembly, and the families who were at their death in such connection, are entitled to aid. 3. Appropriations are made for one year ; and if aid is continued, the recommendations must be renewed from year to year. OF MISSIONS. 451 4. Applications for aid should, in the case of a minister, state his age, his circumstances, and the number of years he has been in the ministry ; and in the case of a deceased minister's family, the application should state the circumstances of the widow, and the sex and ages of the orphan children who are dependent on her for support. 5. While the responsibility of recommending applicants rests with the Presbyteries, and shall largely govern the action of the Committee, yet the Committee reserves to itself the right to appropriate according to the merits of each Case and the state of the treasury. 6. Ordinarily, appropriations shall be made semi-annually in two equal installments. VII. THE PRESBYTERIAN COMMITTEE OF MISSIONS FOR FREEDMEN. 1. The Plan Adopted in 1870. In view, therefore, of all the papers submitted, and of the whole sub- ject as we have been able to examine it, your Committee would recom- mend the adoption of the following resolutions, to wit : Resolved, 1. That the Assembly's Committee on Freedmen, and the Freed- men's Department of the Presbyterian Committee of Home Missions, and their secretaries, are hereby commended for their fidelity and energy in the prosecution of the work committed to their charge, that their reports be printed for circulation in the churches, and that they be directed to continue the work until the reorganization is completed. Resolved, 2. That the work of the Presbyterian Church for the colored race in this country, including both their religious and educational inte- rests, shall be conducted by a Committee to be located in the city of Pitts- burg, Pa., to be known by the name, style and title of " The Presbyte- rian Committee of Missions for Freedmen," and that this Committee shall consist of twelve members, of whom five shall be a quorum, to meet on their own adjournment. Resolved, 3. That this Committee be directed to organize on Thursday, June 16th, at 3 o'clock p.m., in the lecture-room of the First Presbyte- rian Church of Pittsburg, Pa., and that the Stated Clerk of the Assembly be directed to give official notice to the members of their election. Vacancies occurring in this Committee, by resignation or otherwise, maybe filled by the Committee (until the meeting of the next Assembly) at any regular meeting, of which election due notice has been given. Resolved, 4. That the Assembly's Committee on Freedmen, and the Freedmen's Department of the Presbyterian Committee of Home Mis- sions, are hereby directed, on the organization of this Committee, or at as early a time as can be done safely, to transfer to the Committee of Mis- sions for Freedmen all papers, documents, moneys and properties then in their hands or under their control pertaining to the work ; and further, these organizations are continued as at present constituted for the purpose of receiving and paying over to the Committee of Missions for Freedmen all moneys which may come into their hands for this work by legacy or otherwise. Resolved, 5. That the Assembly recommend to the Boards of the Church to co-operate with the Committee of Missions for Freedmen in conducting its work. Resolved, 6. That in view of the fact that only one-third of our churches contributed to this cause during the past year, each Presbytery be required to appoint a Committee of one, whoso duty it shall be, by correspondence 452 FORM OF GOVERNMENT. or otherwise, to see that this cause is brought before each church for its generous contribution. To conclude: In the judgment of your Committee, the great need of the Freedmen to-day is a supply of competent preachers and teachers, raised up from among themselves. For help in this matter we look with hope to Lincoln University, at Oxford, Pa. ; to Biddle Memorial Insti- tute, at Charlotte, N. C. ; to the Normal School of Winchester, Va. ; and to other similar institutions established by our Church. We urge espe- cially the necessity of providing schools where females may enjoy advan- tages that may enable them to keep pace with the other sex in intellectual and moral elevation. The Committee beg leave to nominate the following persons to consti- tute the Presbyterian Committee of Missions for Freedmen : Ministers. — James Allison, D. D., Samuel J. Wilson, D. D., John Gilles- pie, Peter S. Davies, Frederick A. Noble, Elliot E. Swift. Laymen. — Joseph Albree, John C. McComb, Kobert C. Totten, Oliver McClintock, James B. Lyon, George B. Logan. — 1870, p. 105. VIII. THE SUSTENTATION FUND. In the Assembly of 1870 overtures relating to the Sustentation Fund were referred to a Committee consisting of M. W. Jacobus, D. D., Walter Clark, D. D., James McCosh, D. D., Hon. Wm. Strong, Hon. Nathaniel Ewing and Hugh McAllister, to report to the next Assembly. — 1870, pp. 28 and 31. In 1871 the Assembly adopted the following — Scheme of Sustentation. I. That all the charges throughout the Church be divided into two classes — "Full Pastoral Charges" and " Church Extension (or Mission) Charges." The former comprising such as have pastors and are suffi- ciently advanced to pay a salary of $500, provided only that this be equal to the minimum hereinafter named for the membership ; the lat- ter class to include all such charges as have stated supplies, and such pas- torates as pay less than $500 per annum of salary or less than the mini- mum rate per member. Only the former class are at present to come under the Sustentation Scheme for aid. The latter class, if needy, are to be under the care of the Board of Home Missions, until they are advanced to full pastoral charges, and are so certified by vote of Presbytery as enti- tled to aid under this scheme. This does not leave the smaller pastorates and stated supply charges unprovided for ; they are classed as more or less incipient and experimen- tal, and they are to be treated as exceptional and special. They require aid according to their case, sometimes even more aid for the time than this scheme proposes. The propriety of thus beginning with pastoral charges, already some- what developed, is : 1st. That all cannot be aided by this scheme at the outset. 2d. A beginning is made with those who are in regular ecclesias- tical relation, in hope of thus aiding to bring to an end the anomalous and disorderly system of stated supplies, that it may give place to the pastoral relation in the great majority of cases ; and 3d. This will encourage new churches to spring up in prospect of such help as they advance. II. The aim of this Sustentation Scheme shall be to make the minimum of salary in the full pastoral charges $1000 per annum. At present the annual value of the manse shall be included in this, but ultimately, and so soon as possible, $1000 in money shall be the minimum it being always OF MISSIONS. 453 understood that the pastor shall be wholly employed in his work, and that no grant shall be made without the endorsement of the Presbytery. This is not " equalizing salaries," it is only aiming to establish a fair min- imum, and by the plan this is so far subject to the inspection of the Pres- bytery in any case that it is not granted except on the presbyterial endorse- ment. It is, therefore, not likely in any instance to be excessive. The figure is believed to be only fair. If, in some cases, a smaller sum might answer, because of a less numerous or less expensive household, this may be reserved for the Presbytery to indicate ; but who will say that it is too much, if a boy-clerk or average mechanic may claim as much and more ? But, on the other hand, much of this sustentation work is to be done by bringing those churches which are now delinquent up to their proper rate of contribution to the pastoral support. Here the Presbytery may lawfully insist, for every call which is presented by the hand of the Pres- bytery to a pastor contains an obligation to pay him a certain sum, " in order that he may be free from worldly cares and avocations." The sum, then, ought in all fairness to meet this end. The Presbytery may so re- quire. It is their duty to search into the transaction just at this point, and to demand that this admitted obligation be faithfully complied with. We have estimated that a moderate rate would be an average of two cents ■per day for each member of the church, or $7.30 per annum — not that each member should actually give this amount, but that, some more and some less, the membership, aided by the congregation, should contribute an average equal to this. This average rate from the entire membership would give every minister in the church a salary of one thousand dollars. Accordingly, it is hereby provided — III. That only those churches shall be at present entitled to aid from the Sustentation Fund who are paying the pastor an average of $7.30 per annum for each member. This is not discriminating unfairly against poor charges, for very few cases will be found where this rate cannot be reached with a little enlarge- ment of view and a little self-denial of the people. They who cannot reach it will come under the Board of Home Missions for aid as church extension charges. This proviso aims to screw up one very loose part of our financial machinery. Not a few churches are reported in our farming districts, of 200, 300 and over of members, where the salary does not exceed $600 or $800, less than $3 per member, and even down to $1.50. It is believed that in many cases this is from sheer parsimony, while in exceptional cases of weak and struggling churches it is all that can at present be done, and such will be aided by the Home Mission Board as candidates for the full pastoral charge. An incentive will thus be furnished to the smaller churches to increase their pro rata of contribution, so as to come within the scope of this provision, and the liability to abuse is reduced to a minimum, because by the conditions (of $500 salary and $7.30 pro rata) those aided are the young and enterprising churches who pay the largest pro rata, while the aid ceases so soon as they reach 135 members. (We find, by calculation, that of those between $500 and $1000 salary the larger portion pay the largest average salary, but the smallest pro rata, and that the smallest membership pay the largest percentage.) IV. It is further provided, That each Presbytery be enjoined by the General Assembly, through the Synod, to investigate immediately the case of all churches having over 200 members who are paying less than $1000 salary, and that, unless good and sufficient cause can be shown for the lack, those churches be enjoined to raise the amount to an average 454 FORM OF GOVERNMENT. of $7.30 per member as the fair minimum for the pastor, and that all cases of flagrant neglect be treated by the Presbytery as the case may be, reporting the same to the Synod and General Assembly. By this means we aim to make the churches self-sustaining as rapidly as possible. A case may be mentioned which we would fain believe is rare in our Church : a membership of 200, owning forty first-class farms, promising only $625 salary, and pretending actually to pay only $400 or $500 of this, and at the time of reporting to your Committee not a cent of the salary had been paid for 1870, and part of 1869 was yet unpaid, and this not on the frontier, but in one of our old States. And whereas it is believed that much of the deficiency in funds comes from a failure to Presbyterianize and popularize our finances with a view to enlisting all the people ; therefore, V. It is provided, That every church session, as a condition of aid from this scheme, shall in co-operation with the trustees or other representatives of the congregation appoint a Committee, who shall institute and carry out a plan of weekly or monthly contribution to this object and to all the Boards of the Church, so as to present to every member of the church and congregation the opportunity of such stated contribution, according to the apostolic order (1 Cor. xvi. 2) ; that so every church seeking aid may give every reasonable assurance of self-aid, as an ordinance of worship in the way of God's appointment, and according as it has gone well with them. VI. That in like manner not only such churches as are aided by this scheme, but every church session, be required by the General Assembly to set on foot forthwith and earnestly to prosecute a plan that shall extend to every member of the congregation an opportunity of contributing to this cause (and to all the Boards of the Church), either by the envelope system or by collectors reaching each in person, and that the Presbyteries be enjoined to see to it that this requirement is complied with. Many of our churches give nothing to our great schemes of beneficence. Many in our best churches are not reached by the ordinary method. It is the plain duty of the officers to afford to each worshiper the opportunity to contribute, and every church has a right to this means of education and cultivation in the divine life; and then the mites are mighty. " The power of the littles," as Chalmers pleaded for it, wrought such distinguished suc- cess for his church schemes. VII. To cultivate the principle of ministerial fraternity and sympathy, that each pastor shall aim to secure from his people an amount equal to at least one-twentieth (and rather one-tenth) of his own salary annually toward supplementing the salaries under this scheme. VIII. That each church be required to report through the Presbytery to the General Assembly the pastor's salary actually paid by them for the year, and any arrearage if there be any, and that this be published in a separate column of the Assembly's minutes year by year. This is regarded as of great importance,* in order thus to lay bare the whole subject to the eyes of the Church at large and of the individual churches; that thus each church may compare what they are doing with the membership and with the average of other churches, so that the delin- quent may be stimulated by such needful statistics to a higher aim. IX. That each Presbytery shall appoint one efficient member, whose duty it shall be to examine every application for aid under this scheme, and to report to the Presbytery full information as to the prospects of the church for usefulness and growth, and as to the possibility of consolidation or association with a neighboring church, and as to the amount of self- help, with other conditions, entitling it to aid under this scheme; also to OF MISSIONS. 455 /eceive moneys from the churches of the Presbytery, and to remit monthly to the Central Sustentation Committee. X. That a Central Committee of Seven be annually appointed by the General Assembly to supervise this work, having a secretary, appointed by the Assembly, to conduct the operations, to keep accounts with the presbyterial treasurers of sustentation, and every way and by all means to further the great object in view. — 1871, pp. 564-567. Rev. Melanchthon W. Jacobus, D. D., LL.D., was elected secretary of the Committee on Sustentation. — ib., 587. IX. COMMITTEE ON BENEVOLENCE AND FINANCE. The Committee was established by the Assembly of 1871, p. 551, and a plan of proceeding adopted. In 1872 the Assembly — Resolved, 1. That in order to the systematizing and developing of the liberality of our people and fostering the aggressive interests of our Church in accomplishing the work assigned us in the providence of God, there shall be a Committee on Benevolence and Finance, which shall consist of fifteen members, composed largely of business -men of acknowledged skill in the management of financial affairs. It shall be located in the city of New York, and it shall be its duty to use all proper means to promote throughout the Church the regular and systematic consecration of prop- erty to the Lord, and to superintend the collection of funds for the whole benevolent work of the Church, the contributions to be sent either directly to the treasurers of the several Boards and Committees of the Church or to this Committee for distribution, according to the direction of contribu- tors, which distribution shall be at least monthly. The treasurer of the Board of Home Missions is designated as the treasurer of this Committee. Resolved, 2. It shall receive regular monthly statements of their receipts from all the Boards of the Church, that the financial condition of these Boards, as well as the actual benevolence of each congregation, may be at all times before the Committee. Resolved, 3. The expenses of said Committee shall not be a charge upon any funds, unless expressly given for this purpose. Resolved, 4. The Assembly enjoin upon all the churches the practice of periodical giving to all causes recommended by the General Assembly, ac- cording to the principles commended in the word of God. Resolved, 5. In order to carry out this plan, the General Assembly en- join upon every Presbytery to appoint a Standing Committee on the be- nevolent work of the Church, of which the stated clerk shall be secretary. It shall be the duty of this Committee to use all means in its power to have brought before all the congregations in the Presbytery the plans that may be recommended for securing contributions, and to give each pastor and session information of the wants of the various objects and what is expected of each congregation. Every Presbytery is required to question each pastor, stated supply and elder present, at every stated meeting in the spring and fall, whether the directions and recommendations on this sub- ject have been complied with, recording the answers on the minutes. Resolved, 6. At least as often as once every six months these Standing Committees shall report to the Committee on Benevolence and Finance, so far as they can, in relation to the different objects for which contribu- tions have been made by the churches within the limits of their respective Presbyteries, with the amount contributed for each, together with such other information as to the general benevolent work of their churches and Presbyteries as shall seem necessary, or shall be called for by the Committee. 456 FORM OF GOVERNMENT. Resolved, 7. No church not complying with the directions of the Assem- bly to make collections for the several Boards shall receive aid from the funds of the Church.— 1872, p. 39. X. TRUSTEES OF THE PRESBYTERIAN HOUSE. For the history of successive steps which led to the appointment of the Board, see New Digest, p. 404. In 1854 the Assembly directed the trustees to obtain a charter from the Legislature, which is as follows, viz.: AN ACT TO INCOEPOEATE THE TRUSTEES OF THE PEESBYTE- EIAN HOUSE. Whereas, The General Assembly of the Presbyterian Church in the United States of America which held its sessions in the First Presbyterian Church, on Washington Square, in the city of Philadelphia, in May, Anno Domini one thousand eight hun- dred and fifty-four, did appoint John A. Brown, Samuel H. Perkins, Charles S. Wurts, Matthias W. Baldwin and John C. Farr, trustees of the Presbyterian Publication House, and recommended that the said Board obtain an act of incorporation under the laws of this State, and that the said act should contain a general provision, author- izing the said trustees to hold in trust for said Assembly any property committed to them by donations, bequests or otherwise ; And whereas, Several gentlemen in the city of Philadelphia, feeling the necessity of some suitable place for the business of the societies and churches connected with the said Assembly, purchased a property for that purpose which they are desirous of conveying to the said trustees ; And whereas, The said trustees will labor under serious disadvantages as to receiv- ing and holding the title of said property, as well as any that may be committed to them by donations, bequests or otherwise in trust for said Assembly ; therefore, Sec. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That John A. Brown, Samuel H. Perkins, Charles S. Wurts, Matthias W. Baldwin and John C. Farr, citizens of the United States and of this Commonwealth, and their successors, are hereby constituted and declared to be a body politic and corporate by the name of " The Trustees of the Presbyterian House," and as such shall have per- petual succession, and be able to sue and be sued, and to purchase and receive, take and hold, to them and their successors for ever, lands, tenements and hereditaments, goods, money and chattels, and all kinds of property and estate, which may be de- vised or bequeathed or given to them, or to said Assembly for them, and the same to sell, alien, demise and convey, also to make a common seal, and the same to alter and renew at their pleasure, and also to make such rules, by-laws and ordinances as may be needful for the government of said corporation, and not inconsistent with the Con- stitution and laws of the United States and of this State: Provided always, That the clear yearly income of the real estate held by the said corporation shall not at any time exceed the sum of five thousand dollars. Sec. 2. That the trustees above named shall hold their office till the first day of June, Anno Domini one thousand eight hundred and fifty-five, and until their suc- cessors are duly qualified to take their places, who shall be chosen by the said Assem- bly and their successors, who may at any annual meeting increase the number of said trustees to ten, if, in their judgment, the interest of the churches under their care re- quire it. Sec 3. That the said Assembly and their successors shall, at their annual meeting in each and every year, wherever held, elect at least five trustees, who shall hold their office for one year, and until their successors are elected and qualified ; Provided, That the said corporators shall be citizens of Pennsylvania. Sec. 4. That the trustees hereby incorporated, and their successors, shall, subject to the direction of the said Assembly and their successors, have full power to manage all funds, property and effects committed to their care by gift, purchase, bequest or other- wise, and to execute any trusts confided to them by the said General Assembly or their successors, in such manner as shall be deemed most advantageous, and not con- trary to law or the intention of the donor or testator. Sec 5. That the Act entitled " An Act to incorporate the Trustees of the Constitu- tional Presbyterian Publication Plouse," approved the thirteenth day of April, Anno OF MISSIONS. 457 Pomini one thousand eight hundred and fifty-five, be and the same is hereby re- galed. HENKY K. STKONG, Speaker of the House of Representatives. WM. M. HiESTEK, Speaker of the Senate. 2. The Charter Accepted.— Duties and Powers of the Trustees. Whereas, The Legislature of the State of Pennsylvania, by an Act ap- poved by the governor, April 21, 1855, incorporated "The Trustees of ti»e Presbyterian House," in Philadelphia, who are by said Act to be evicted by this body ; therefore, Resolved, By the General Assembly of the Presbyterian Church in the L^ited States of America : 1. That the said charter be and the same is hereby accepted, and that the trustees created by said Act of incorpora- tion be directed to perform all the duties required by their appointment. Resolved, 2. That the said trustees be directed to give such official noti- fication to the proper authorities of the State of Pennsylvania, as may be necessary, of the acceptance of the charter by the General Assembly. Resolved, 3. That the Assembly do now elect ten trustees under this charter, five of whom shall be ministers and five laymen, all of whom shall be connected with some Presbytery or church under the care of the General Assembly. Resolved, 4. That the first meeting of the trustees shall be at such time and place as shall be fixed by the trustee first elected, or in case of his inability to act, the trustee next elected, who shall act as chairman, until the Board is constituted by the election of a President and Secretary. Resolved, 5. That the trustees, at their first meeting, be directed to divide themselves into two portions, and in such manner that there shall always be in the Board five ministers and five laymen. Resolved, 6. That in electing these trustees a nomination shall be made in the Assembly, and that the election shall be by ballot, on the day fol- lowing that on which the nomination is made. Resolved, 7. That these trustees be directed to keep an accurate record of all their proceedings, and report the same annually to the Assembly. Resolved, 8. That these trustees be directed to take such measures for raising the amount pledged by the last Assembly for the purchase of the "Presbyterian House" as they may deem expedient and proper. — 1855, p. 26, K S. Quorum of the Board of Trustees. The Assembly decides that five members of the trustees shall be a quo- rum for the transaction of business. — 1864, p. 487. Legal Title to the House secured through the Liberality of John A. Brown. Resolved, That the General Assembly notice with pleasure the manifes- tation of promptness and liberality in the President of the Board of Trus- tees of the Presbyterian House, John A. Brown, Esq., of Philadelphia. who by a munificent donation has secured to the trustees the legal title of the Presbyterian House.— 1857, p. 410, N. S. 3. The Trustees to Act as the Corporators of the Publication Com- mittee. Resolved, By the General Assembly of the Presbyterian Church in tb.3 58 458 FORM OF GOVERNMENT. United States of America that " The Trustees of the Presbyterian House" be, and they hereby are, authorized and directed to act in their corpo- rate capacity as trustees of the Permanent Committee of this Assembly, called "The Presbyterian Publication Committee," as fully and in the same manner as if "The Presbyterian Publication Committee" were themselves constituted a corporation by the same authority which incor- porated " The Trustees of the Presbyterian House." — 1857, p. 410, N. S. 4. Declaration of Trust.— The House held for the Publication Committee. The Presbyterian Publication Committee respectfully present to the General Assembly the following overture : Whereas, The General Assembly of 1854 authorized the acceptance of the property Nos. 1334 and 1336 Chestnut street, Philadelphia, upon certain conditions whh'h have since been complied with, and the legal title to said property was accordingly on the fourth day of February. 1859, vested for the Assembly in " The Trustees of the Presbyterian House," but no trust has ever been declared of the same ; and Whereas, In view of all the circumstances attending the acquisition of said property, and the purposes for which it was designed, it is desirable that the General Assembly should declare the trust upon which the said property is and shall be held. The Presbyterian Publication Committee overture the Assembly to adopt the following Resolutions and Declaration of Trust : Whereas, Among other trusts, the legal title of the property Nos. 1334 and 1336 Chestnut street, Philadelphia, is held for the Assembly by the "Trustees of the Presbyterian House," but no trust has ever been declared of the same, and circumstances render it expedient and desirable that the trusts upon which said property is and shall be held should be formally declared ; and Whereas, The trustees of the Presbyterian House did, by resolution adopted March 27, 1863, express their desire that the Publication Com- mittee should ask the Assembly for a formal declaration that the property Nos. 1334 and 1336 Chestnut street, Philadelphia, is and shall be held by the trustees for the use and benefit of the Publication Committee; there- fore, Resolved, 1st, That the General Assembly of the Presbyterian Church in the United States of America do hereby declare that the property Nos. 1334 and 1336 Chestnut street, Philadelphia, is and shall be held by the trustees of the Presbyterian House to, for and upon the following uses, intents and purposes; that is to say: In trust to permit and sufler the Presbyterian Publication Committee, subject to the said General Assem- bly and their successors, to let and demise, use, occupy and enjoy the said property and every part thereof; to receive and take the rents and income thereof, they paying all the taxes and ground-rent thereon, and all proper and necessary repairs, and other expenses and charges thereon ; and that the said trustees shall have power, at the request of the said Publication Committee, to mortgage and improve the said property, or any part thereof; Resolved, 2d. That the trustees of the Presbyterian House be, and they hereby are, directed to execute under their corporate seal, and deliver to the said Publication Committee, such deed or deeds of declaration of trust for the purpose aforesaid, with all such powers, authorities, limita- tions and provisions as shall be settled and advised by a Committee of OF MISSIONS. 459 three legal gentlemen, to be appointed by the Assembly, to be requisite and necessary for the fully carrying into effect these resolutions. JOHN W. DULLES, Secretary of the Pres. Publication Committee. Philadelphia, May, 26, 1863. The Committee recommend the adoption of the overture, and the ap- pointment of Samuel H. Perkins, Esq., Samuel C. Perkins, Esq., and Hon. Joseph Allison as the Committee of legal gentlemen referred to in the last resolution. The report was adopted.— 1863, p. 274, X. S. The trustees report further that, in accordance with the direction of the last General Assembly, they have executed under their corporate seal, and have delivered to the Presbyterian Publication Committee, the deed of declaration of trust prescribed by the Assembly. — 1864, p. 539, N. S. 5. Title Executed to the Board of Publication. The trustees further report that, in accordance with the direction of the last General Assembly, they have conveyed to "the Trustees of the Pres- byterian Board of Publication" the house and lot Xos. 1334 and 1336 Chestnut street.— 1871, p. 671. 6. Trusts Transferred.— Ministerial Relief Fund. The trustees report that, in accordance with the commitment by the last General Assembly of the management of the Ministerial Relief Fund to the trustees of the General Assembly, they have discharged the Executive Committee of the Ministerial Relief Fund Agency, and have directed the treasurer of said Committee to pay to the treasurer of " the Relief Fund for Disabled Ministers and the Widows and Orphans of De- ceased Ministers" the funds belonging to the Ministerial Relief Fund. They have also directed their own treasurer to pay to the treasurer of the Relief Fund the interest which from time to time shall accrue from the Permanent Fund.— 1871. p. 671. CHAPTER XIX. OF MODERATORS. I. It is equally necessary in the judicatories of the Church, as in other Assemblies, that there should be a moderator or president, that the business may be conducted with order and despatch. It. The moderator is to be considered as possessing, by delegation from the whole body, all authority necessary for the preservation of order, for convening and adjourning the judicatory, and directing its operations according to the rules of the Church. He is to propose to the judicatory every subject of deliberation that comes before them. He may propose what appears to him the. most regular and speedy way of bringing any business to issue. He shall prevent the mem 460 FOEM OF GOVERNMENT. bers from interrupting each other, and require them, in speaking, al- ways to address the chair. He shall prevent a speaker from deviating from the subject, and from using personal reflections, He shall si- lence those who refuse to obey order. He shall prevent members who attempt to leave the judicatory without leave obtained from him. He shall at a proper season, when the deliberations are ended, put the question and call the votes. If the judicatory be equally divided, he shall possess the casting vote. If he be not willing to decide, he shall put the question a second time ; and if the judicatory be again equally divided, and he decline to give his vote, the question shall be lost. In all questions he shall give a concise and clear state of the object of the vote ; and the vote being taken, shall then declare how the ques- tion is decided. And he shall likewise be empowered, on any extra- ordinary emergency, to convene the judicatory, by his circular letter, before the ordinary time of meeting. The Moderator not Necessarily a Member of the Judicatory. The moderator and clerk are ministerial officers of the judicatory. In respect of their office, they are servants merely, and not members, of the body. Nor does the Constitution, explicitly at least, require the moderator to be chosen from the members of the judicatory. It does, indeed, prescribe (chap, xix., sec. ii.) that in a certain contingency " he shall possess the casting vote." And as voting is the act of a member, the implication seems to offer itself that the moderator himself must be a member. But against this implication some other facts of the Constitution may be cited. Thus (Form of Government, chap, ix., sec. iii.) there is the provision for inviting, in certain contingencies, a minister to moderate the church ses- sion who is not the pastor of the church, and of course not a member of the session; while the general law of "Moderators" (chap, xix.) gives him the casting vote. Then, again, the " Form of Government," chap, xii., sec. vh\, prescribes, concerning the General Assembly, that "the moder- ator of the last Assembly, if present, or in case of his absence some other minister, shall preside until a new moderator be chosen." Under this pro- vision it is not necessary that the minister called to preside in the Assem- bly should himself be in commission. — New Digest, p. 173. It may be said that this is merely for organization. True ; but the whole principle seems to be involved. For the time being one not a mem- ber of the Assembly is its moderator, and as such has a casting vote on the numberless issues which may be raised between the formation of the roll and the choice of a new moderator ; and in the former case, pertain- ing to church sessions, no such limitation for mere organization existst Hence these two points are clearly recognized : 1st. That it is not essen- tial to the idea of a moderator that he be a member ; 2d. That the privi- lege of a casting vote does not necessarily imply membership. — 1861, pp. 457, 458, N. S. [The moderator has none other than the casting vote, see xii., sec. i., 7. For general principles as to moderators, see Rules for Judicatories ; also, Form of Government, chap, xii., i., above.] III. The moderator of the Presbytery shall be chosen from year to OF CLERKS. 461 year, or at every meeting of the Presbytery, as the Presbytery may think best. The moderator of the Synod and of the General Assem- bly shall be chosen at each meeting of those judicatories, and the moderator, or, in case of his absence, another member appointed for the purpose, shall open the next meeting with a sermon, and shall hold the chair till a new moderator be chosen. CHAPTEE XX. OF CLERKS. Every judicatory shall choose a clerk to record their transactions, whose continuance shall be during pleasure. It shall be the duty of the clerk, besides recording the transactions, to preserve the records carefully, and to grant extracts from them, whenever properly re- quired; and such extracts under the hand of the clerk shall be consid- ered as authentic vouchers of the fact which they declare, in any ec- clesiastical judicatory, and to every part of the Church. The Clerk not Necessarily a Member of the Judicatory. The moderator and clerk are ministerial officers of the judicatory. In respect of their office, they are servants merely, and not members, of the body. Of the clerk this would seem to be unquestionably true. The Constitu- tion knows nothing of the temporary clerk, as distinguished from the stated clerk. As far as any provision of the "Book" is involved, it is plain that a judicatory may select any convenient person, though not a member, to record its transactions and discharge all other duties pertaining to a clerk. For the part of those duties usually devolving upon a temporary clerk, we believe it is no infrequent thing for a Presbytery to employ a licentiate or other person not a member of the body. — 1861, p. 457, N. S. See under chap, xii., sec. i., 10, for sundry acts relating to clerks. CHAPTER XXI. OF VACANT CONGREGATIONS ASSEMBLING FOR PUBLIC WORSHIP. Considering the great importance of weekly assembling of the people for the public worship of God, in order thereby to improve their knowledge, to confirm their habits of worship and their desire of the public ordinances, to augment their reverence for the most high God, and to promote the charitable affections w T hich unite men most firmly in society, it is recommended that every vacant congregation 462 FORM OF GOVERNMENT. meet together on the Lord's day at one or more places, for the purpose of prayer, singing praises and reading the Holy Scriptures, together with the works of such approved divines as the Presbytery, within whose bounds they are, may recommend, and they may be able to procure; and that the elders or deacons be the persons who shall pre- side and select the portions of Scripture, and of the other books to be read ; and to see that the whole be conducted in a becoming and or- derly manner. 1. Vacant Congregations to Meet for "Worship on the Lord's Day. In consequence of an overture which was brought in, the Synod earn- estly recommend to all vacant congregations under their care to meet to- gether every Lord's day, at one or more places, for the purpose of prayer and praise and reading the holy Scriptures, together with the works of such approved divines as they may be able to procure, and that the elders be the persons who shall pray and select the portions of Scripture and other hooks, to be read by any proper person whom they may appoint. — 1786, p. 526. 2. Elders of Vacant Congregations should be Interrogated as to the Observance of the Rule. An overture from the Presbytery of Mississippi requesting the General Assembly to recommend to the Board of Publication to issue suitable books of sermons and helps for devotion, to be used by vacant congrega- tions, and to inquire whether ruling elders representing such congregations should be interrogated concerning the observance of the recommendation contained in chap. xxi. of the Form of Government. Answered affirmatively.— 1847, p. 401, O. S. 3. Right of Ruling Elders, in the Absence of the Pastor, to Ex- plain the Scriptures and to Exhort. The records of the Synod of Mississippi approved, except "that on page 10 of these minutes Synod takes exception to the minutes of the Lou- isiana Presbytery, because that Presbytery considered it not inconsistent with the principles of our Church for ruling elders, in the absence of the pastor, to read the Scriptures and explain them, and to endeavor to en- force the truth upon the conscience by suitable exhortations. The Assem- bly believe the Presbytery of Louisiana was right according to chap. xxi. of our Form of Government."— 1856, p. 538, O. S. [Next year the Assembly refused to modify the above. — 1857, p. 41.] CHAPTER XXII. OF COMMISSIONERS TO THE GENERAL ASSEMBLY. I. The commissioners to the General Assembly shall always be appointed by the Presbytery from which they come, at its last stated meeting immediately preceding the meeting of the General Assembly, provided that there be a sufficient interval between that time and the OF COMMISSJONEES TO THE GENERAL ASSEMBLY. 463 meeting of the Assembly for the commissioners to attend to their duty in due season ; otherwise the Presbytery may make the appoint- ment at any stated meeting, not more than seven months preceding the meeting of the Assembly. And as much as possible to prevent all failure in the representation of the Presbyteries, arising from unfore- seen accidents to those first appointed, it may be expedient for each Presbytery, in the room of each commissioner, to appoint also an alter- nate commissioner to supply his place, in case of necessary absence. 1. The Rule not Enforced in case of Missionary Presbyteries. a. The Committee on Elections reported that Rev. James W. Moore had been nominated or selected by the Presbytery of Arkansas at their meet- ing in last September, but that the Presbytery had been prevented by high waters from meeting since then, and consequently there could be no election. On motion, Mr. Moore was admitted to a seat. — 1846, p. 197, O. S. b. In reply to a protest on this case, the Assembly says : " The member admitted to a seat represents a body occupying the remote confines of our ecclesiastical territory — a body whose delegates must travel fifteen hun- dred miles to reach the usual place of meeting of the General Assembly; a body too whose meetings are liable to be interrupted by insurmountable difficulties, and in whom a technical irregularity, occasioned by such dif- ficulties, may justly plead exemption from a rigorous application of the letter of the law. To exclude from a participation in the privileges of this body one who had surmounted so many and such formidable obsta- cles to reach our place of meeting because of an informality in his title, which does not, as this Assembly judges, violate the spirit of the Consti- tution, would be to subject a zealous and self-denying minister and a whole Presbytery to a serious grievance, and to discourage the zeal of those who of all others most need our sympathy and fostering care." — 1846, p. 215, c. A reference to the Minutes of the General Assembly of 1844 will show that the Rev. William S. Rogers, a commissioner from the Presby- tery of Lodiana, in Northern India, was admitted without scruple to a seat in that body, though it is evident that his appointment must have been made beyond the limits of time prescribed by the Constitution. The peculiar circumstances of the case no doubt influenced, and we believe authorized, that Assembly to act as they did in the premises.: — 1846, p. 214,0. S. d. Mr. Joseph B. Junkin, ruling elder of the Presbytery of the Creek Nation, produces such evidence that it is the desire of his Presbytery that he should represent it as a commissioner in this Assembly, that, consider- ing the remote situation of the Presbytery, the difficulty of his position, and the whole bearing of the case, Mr. Junkin may be safely allowed to take his seat, without the Assembly thereby establishing any precedent to operate beyond the immediate case. The Committee is therefore of opin- ion that, though he was not regularly elected, he ought to be allowed to take his seat as a member of the body. — 1853, p. 426, O. S. e. In the following case it appeared from the evidence that the brethren of the mission designed to make the appointment. No communication, however, had been received from them since the meeting of the Pres- bytery. 464 FORM OF GOVERNMENT. The Rev. J. L. Scott, missionary in Northern India, being present from the Presbytery of Furrukhabad without a commission, but with evidence of having been duly appointed, was, on motion of Dr. R. J. Breckenridge, from the Committee on Elections, admitted to a seat, and regularly en- rolled.— 1853, p. 430, O. S. 2. No Election through Presbytery Failing to Meet. a. The Committee on Elections further reported, in the case of Mr. Da- vid M. Smith, that it appeared to their satisfaction that the Presbytery of Columbia failed to form a quorum at the time at which their stated spring meeting should have been held according to adjournment; that there were present two ministers and ruling elders from a majority of the churches, the Presbytery consisting only of five ministers; that those pres- ent requested that the Assembly would receive Mr. Smith as a commis- sioner from their Presbytery, in which request two of the absent members have expressed their concurrence in writing ; and that it is believed that the appointment of Mr. Smith would have been unanimous had the Pres- bytery formed a quorum ; and further, that the Committee are divided upon the question whether, under these circumstances, Mr. Smith ought or ought not to be admitted to a seat. It was moved that Mr. Smith be admitted to a seat. After debate the question was decided in the nega- tive.— 1843, p. 171, O. S. b. The same Committee also reported that Hamilton Smith, a ruling elder from the Presbytery of Upper Missouri, had appeared without a commission, but with a written request from several ministers and ruling elders of that Presbytery, which had been able to secure no quorum for two years past, that he be allowed to sit as commissioner. Admitted. — 1865, p. 538, O. S. c. The Rev. L. M. Miller, D. D., Chairman of the Committee on Elec- tions, presented the following report, which was adopted, and the Rev. George W. Chamberlain was ordered to be enrolled : The Committee on Elections would report that the Rev. George W. Chamberlain, of the Presbytery of Rio de Janeiro, Brazil, is present with- out a commission. Mr. Chamberlain asks admission, to the Assembly on this ground : He was appointed a commissioner regularly to the Assem- bly of last year, and attended. He has remained in this country ever since, doing work in behalf of his mission in that country. Only three ministers belonging to that Presbytery remained in Brazil. A meeting was appointed in which it was intended to recommission Mr. Chamber- lain. Just previous to the time indicated, the Rev. Mr. Simonton, one of the Presbyters, died, and thus prevented organization. The members re- maining desire that he may be permitted to represent that Presbytery in this Assembly. The only principle which bears upon the case is found in the Digest on page 286, sec. 129. The Committee recommends that the Assembly act upon the question of his admission without discussion. — 1868, p. '620, O. S. d. That Rev. Ira M. Condit, of the Presbytery of Canton, is bearer of an informal appointment, signed by all the members of Presbytery who were in Canton at the time; when, however, a quorum could not be as- sembled on account of the absence of several members in this country. He was admitted to a seat. — 1869, p. 890, O. S. OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 465 3. Commissioners should Attend to the Close of the Session.— Presbyteries to Call their Commissioners to Account. a. . Whereas, Many members of the General Assembly are, from year to year, in the habit of asking leave of absence long before its sessions are closed ; and whereas, in receiving and acting upon these applications, much of the time of the Assembly is consumed, and much of the most important business has to be transacted by few members ; therefore, Resolved, 1. That the Presbyteries be directed to pay particular atten- tion to the following minute, found in vol. i., p. 308, of Printed Extracts, and also in Digest, p. 76, viz. : " The Presbyteries are -informed that their commissioners should attend with the expectation that the sessions will be of two weeks' continuance, and that arrangements should be made ac- cordingly. Resolved, 2. That it be recommended to the Presbyteries to inform their commissioners, when they accept an appointment, that it is expected they will continue in the Assembly until the close of its sessions, unless some unforeseen and imperious reason should require them to ask leave of ab- sence. Resolved, 3. That each Presbytery require their commissioners to report whether they attended the sessions of the Assembly the whole time, and that the report of the commissioners on this subject be recorded on the minutes of the Presbytery. — 1824, p. 119. b. The Committee on Leave of Absence beg leave to submit to the Gen- eral Assembly that, whereas it both fulfills the requirements of our ex- cellent Church polity, and facilitates the business of the Assembly, and also should be regarded as both a duty and a privilege, for elders as well as ministers to attend its sessions ; therefore be it Resolved, That elders and ministers who from time to time may repre- sent the Presbyteries in General Assembly be earnestly requested to ar- range their business, as far as possible, before leaving home, that they may remain to the end of its sessions, and thus fulfill their high commissions, and enjoy the valued privileges as members of the highest judicatory of our Church. The resolution was adopted.— 1862, p. 38, K S. c. On the recommendation of the Standing Committee on Leave of Ab- sence, it was — Resolved, That the General Assembly earnestly recommend to its Pres- byteries, as far as possible, the appointment as commissioners of those only who are able and willing to remain to the close of its sessions, to the end that all the work of the Assembly may be performed by all its mem- bers.— 1867, p. 499, N. S. [See under Form of Government, chap, xii., sec. ii.] 4. Commissioners from New Presbyteries. a The Committee to which was referred an overture on the subject of admitting commissioners from newly-formed Presbyteries to seats in this house reported the following resolutions, which were adopted, viz.: 1. Resolved, That it be adopted as a standing rule of this house that commissioners from newly-formed Presbyteries shall, before taking their seats as members of this body, produce satisfactory evidence that the Pres- byteries to which they belong have been regularly organized according to the Constitution of the Church, and are in connection with the General Assembly. 2. Resolved, also, That such commissioners shall be entitled to furnish 59 466 FORM OF GOVERNMENT. the evidence required in the foregoing resolution before the house shall proceed to the choice of a moderator. — 1822, p. 4*8. b. Resolved, 1. That no commissioner from a newly-formed Presbytery shall be permitted to take his seat, nor shall such commissioner be re- ported by the Committee on Commissions, until the Presbytery shall have been duly reported by the Synod and recognized as such by the Assembly, and that the same rule apply when the name of any Presbytery has been changed. 2. When it shall appear to the satisfaction of the General Assembly that any new Presbytery has been formed for the purpose of unduly in- creasing the representation, the General Assembly will, by a vote of the majority, refuse to receive the delegates of Presbyteries so formed, and may direct the Synod to which such Presbytery belongs to reunite it to the Presbytery or Presbyteries to which the members were before attached. —1837, p. 446. 5. Commissioners not Ruling Elders under the Plan of Union. [Under the " Plan of Union " in several cases members of " Standing Committees" not ordained elders were admitted as commissioners to the Assembly.— 1820, pp. 721-724; 1826, pp. 164, 178, 181; 1831, p. 318. Growing out of the last case was the following :] Resolved, That in the opinion of the General Assembly the appointment by some Presbyteries, as has occurred in a few cases, of members of Stand- ing Committees to be members of the General Assembly, is inexpedient and of questionable constitutionality, and therefore ought not in future to be made. The yeas and nays on this resolution were taken and required to be re- corded, and are as follows, viz., yeas 81, nays 54. — 1831, p. 338. The next year the commissions of two " members of Standing Commit- tees, instead of ruling elders, from the Presbytery of Grand Kiver," were referred to the Committee on Commissions, and by it reported to the As- sembly as withdrawn by the person presenting them. — 1832, pp. 354-356. The Committee also reported that Mr. Erastus Upson, a Standing Com- mittee-man from the Presbytery of Oswego, had been appointed a member of this body. A motion was made to refer this case to the Committee on Elections, which was negatived. It was then resolved that Mr. Upson have leave to withdraw his appli- cation.— 1833, p. 392. 6. A Commissioner, having taken his Seat, may not Resign it to his Alternate or Principal. [From the origin of the General Assembly, it was frequent usage for the principal to resign his seat to the alternate, and vice versa. But in 1827 the following act was adopted :] The Committee to whom were referred Overtures Nos. 4 and 5, contain- ing resolutions of the Presbyteries of Richland and Charleston Union, dis- approving the practice of permitting members of the General Assembly " at various stages of the sessions to resign their seats to others called alter- nates," made the following report, viz.: These overtures present two points of inquiry : 1. Whether the Constitution of the Church, according to a fair inter- pretation, permits the practice complained of by these Presbyteries. 2. If this practice is allowed by the Constitution, whether it is expedi- ent that it should be continued. OF COMMISSIONERS TO THE GEXEEAL ASSEMBLY. 467 As to the first question, the only authority on this subject, as far as ap- pears to your Committee, is found in Form of Government, chap, xxii., sec. i., in these words: "And as much as possible to prevent all failure in the representation of the Presbyteries, arising from unforeseen accidents to those first appointed, it may be expedient for each Presbytery, in the room of each commissioner, to appoint also an alternate commissioner to supply his place in case of necessary absence." The first remark obviously presenting itself here is that the language quoted, so far from making the appointment of alternates necessary, con- tains nothing more than a recommendation of the measure expressed in very gentle terms. In the next place, although the terms of the article may be so inter- preted as to make it provide for the necessary absence of a commissioner at any time during the sessions of the Assembly, yet it appears most rea- sonable to suppose that the intention of the framers of the Constitution was to provide for those unforeseen events which might altogether pre- vent the attendance of the primary commissioners. For it is not at all probable that wise men, in drawing up a Constitution for a Church judi- cature of the highest dignity, whose business is often both very important and extremely difficult, would provide for a change in the members of the court after it should be constituted and become deeply engaged in the transaction of weighty affairs and the investigation of certain perplex- ing questions. A measure of this kind is, the Committee believe, without example, and therefore the construction which would support it is thought to be erroneous. If in this case the Committee have judged correctly, they are much more confident in the remarks that the Constitution does not justify the practice, now very common, of the arrangements for convenience made by the primary commissioner and his alternate, according to which the one or the other, as the case may be, takes his seat for a few days in the As- sembly, resigns it, and goes to his secular business. But, secondly, if it should be determined that the Constitution permits these changes in some instances, the Committee are constrained to believe that the practice is, on the whole, entirely inexpedient — 1. Because it creates dissatisfaction among many brethren, as well those who have complained of it as others who have held their peace. 2. It gives an invidious advantage to the neighboring Presbyteries over those which are remote. 3. It may be the occasion of a number of abuses against which the As- sembly ought to guard, but which the Committee do not think it needful to specify. 4. But, chiefly, it often embarrasses and retards the proceedings of the Assembly, because members of Committees resign to alternates before the Committees to which they belonged have finished their business or received a discharge from the house ; because new members coming into the As- sembly in the midst of business often cannot possibly understand it suffi- ciently to decide on it wisely, and because speeches made in relation to matters imperfectly understood often shed darkness and throw perplexity over them, and thus very much time is wasted in discussions which profit nothing. Finally, the practice is thought to be derogatory to the dignity and usefulness of the General Assembly. For these reasons the Committee recommend the adoption of the following resolution : Resolved, That in the judgment of this General Assembly the construc- tion of the Constitution, Form of Government, chap, xxii., sec. i., which 468 FORM OF GOVERNMENT. allows commissioners, after holding their seats for a time, to resign them to their alternates, or which allows alternates to sit for a while and then resign their places to their principals, is erroneous ; that the practice grow T - ing out of this construction is inexpedient, and that it ought to be discon tinued. The above report was accepted, and the resolution with which it closes was adopted. — 1827, p. 209, 210. See 1872, p. 68, above, chap, ix., sec. vi., 9. 7. Rule Dispensed with under Peculiar Circumstances. a. Rev. Jacob D. Mitchell informed the Assembly that, as the alternate named in the commission from West Hanover, his principal, Rev. James Wharey, not being present, he had at the commencement of the Assembly taken his seat as a member, and that Mr. Wharey had now arrived, hav- ing been detained in the providence of God. Mr. Mitchell moved that he have leave to resign his seat in favor of Mr. Wharey. It was then moved and carried that, under the peculiar circumstances of the case, the standing rule be dispensed with, and that Mr. Wharey be admitted a member in the place of Mr. Mitchell.— 1836, p. 245. b. The Rev. Thomas P. Hunt, of the Presbytery of Luzerne, stated to the Assembly that, owing to peculiar circumstances, he as alternate had taken his seat as a member of the house, and that he wished to resign it to Rev. John Dorrance, the principal named in the commission. Resolved, That in view of the peculiar circumstances of the case which were stated at large by Mr. Hunt, this request be granted, and that Mr. Dorrance's name be inserted on the roll instead of Mr. Hunt's. — 1844, p. 368, O. S. See also 1847, p. 382, O. S. c. Alexander Swaney, minister of the Presbytery of Steubenville, hav- ing obtained leave of absence, his alternate, Rev. C. C. Beatty, D. D., was, on motion of Judge Leavitt, admitted to a seat. — 1850, p. 459. See 1851, p. 24, O. S. d. On motion of Dr. Hornblower, the name of Theodore Litle, ruling elder from the Presbytery of Passaic, was substituted for that of Harvey Law, who has occupied a seat as commissioner from that Presbytery since the fourth day of our session. — 1861, p. 321, O. S. II. Each commissioner, before his name shall be enrolled as a member of the Assembly, shall produce from his Presbytery a com- mission under the hand of the moderator and clerk, in the following 1 or like form, viz. : The Presbytery of being met at on the day of doth hereby appoint bishop of the congre- gation of [or ruling elder in the congregation of , as the case may be] (to which the Presbytery may, if they think proper, make a substitution in the following form) ; or in case of his absence, then bishop of the congregation of [or rilling elder in the congregation of , as the case may be], to be a commissioner on behalf of this Presbytery to the next General Assembly of the Presbyterian Church in the United States of America, to meet at on the day of , A. D. or wherever and whenever the said 4lS- OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 469 sembly may happen to sit; to consult, vote and determine on all things that may come before that body, according to the principles and Constitution of this Church and the word of God. And of his diligence herein he is to render an account at his return. Signed by order of the Presbytery, Moderator. Clerk. And the Presbytery shall make record of the appointment. 1. Irregularities and Defects in Commissions.— Commissioner Re- ceived. a. Without a commission, but brings testimony of appointment. — 1792, p. 48; 1793, p. 65; 1794, p. 79; 1795, p. 94; 1806, p. 347; 1816, p. 605; 1821, p. 7, and passim. b. Commission signed only by the stated clerk. — 1795, p. 94; 1830, p. 281 c. Not in due form.— 1828, p. 226; 1829, p. 254; 1858, p. 574, N. S. 1852, O. S., and passim. d. Wanting the date of the year of appointment. — 1831, p. 317. e. Wanting signature of moderator.— 1831, p. 317; 1833, p. 389; 1834, p. 422 ; 1835, p. 465. /. Extract from the Minutes signed by stated clerk. — 1834, p. 422; 1835, p. 465 ; 1837, p. 415 ; 1849, N. S. ; 1851, O. S., and passim. g. Wants the signature of the clerk— 1834, p. 422; 1836, p. 238 ; 1839, p. 8, K S. h. Dated more than seven months since. — 1834, p. 422. i. From Presbyteries whose organization has not yet been reported officially to the General Assembly.— 1855, p. 265, 0."S. ; 1865, p. 528, O. S. ; 1868, p. 597, O. S. k. The Committee on Elections also reported that they had satisfactory proof that it was the wish of the presbytery of Allahabad, in Northern India, that the Rev. L. G. Hay should represent said Presbytery in the General Assembly, but that, on account of the rebellion in India and con- sequent confusion, the Presbytery had not held a formal election, and the Committee refer the case to the Assembly. On motion, it was ordered that he be admitted to a seat, and his name was accordingly enrolled. — 1858, p. 262, O. S. I. The Assembly met. The Committee on Elections presented a report, which was adopted, and is as follows : The Rev. T. Ewing, of the Presbytery of Saltsburg, and Ruling Elder James E. Brown, of the same Presbytery; Rev. Albert Williams, of the Presbytery of California; Rev. N. L. Upham, of the Presbytery of Rari- tan ; Rev. J. B. Dunn, of the Presbytery of Londonderry ; Ruling Elder E. J. Crane, of the Presbytery of California; Ruling Elder William P. Emery, of the Presbytery of Raritan, have regular commissions, lacking the signatures of the moderators of their respective Presbyteries, and hav- ing only those of the stated clerks ; that the Rev. Ira M. Condit, of the Presbytery of Canton, is bearer of an informal appointment, signed by all the members of Presbytery who were in Canton at the time, when, how- ever, a quorum could not be assembled, on account of the absence of seve- ral members in this country ; that the Rev. W. J. Monteith, of the Presby- tery of Oregon, has a letter from the Stated Clerk of that Presbytery, cer- tifying his appointment and promising that his commission, which has not 470 FORM OF GOVERNMENT. come to hand, should be duly forwarded ; that the Kev. H. M. Shockley^ of the Presbytery of White Water ; Kev. James Harper, D. 1)., of the Presbytery of Carlisle ; Eev. I. J. Henderson, of the Presbytery of Balti- more ; Puling Elder James Pomeroy, of the Presbytery of Huntingdon ; Kuling Elder Samuel Culbertson, of the Presbytery of Zanesville, have lost or forgotten their commissions, but have offered sufficient testimony, as the Committee regard it, from their respective fellow-commissioners or others, to justify their admission ; that the Rev. J. H. Barnard, of the Presbytery of Waukesha, has a commission signed by the stated clerk, and another signed by the moderator of his Presbytery, which together form a valid commission, and the Committee recommended that the fore- going names be all added to the roll. — 1869, p. 889, O. S. See also chap, xii., sec. i., Form of Government. [The usage is that when satisfactory evidence is given of the actual ap- pointment of the commissioner his name is enrolled.] 2. The Assembly will not go Behind a Commission. [In the case below a member of the Presbytery informed the Assembly that Mr. Bissell had not been set apart as an elder, but appointed, as was supposed, in accordance with the Plan of Union. In answer to a protest the Assembly reply] : Mr. Bissell was admitted by the Assembly for the following reasons : 1. The commission which Mr. Bissell produced was in due form, and signed by the proper officers of the Presbytery. 2. Every Presbytery has a right to judge of the qualifications of its own members, and it is amenable to Synod, and not to the General As- sembly, except by way of appeal or reference or complaint regularly brought up from the inferior judicatories, which has not been done in the present case. 3. It would be a dangerous precedent, and would lead to the destruc- tion of all order in the Church of Christ, to permit unauthorized verbal testimony to set aside an authenticated written document. — 1826, p. 181. III. In order as far as possible to procure a respectable and full delegation to all our judicatories, it is proper that the expenses of ministers and elders in their attendance on these judicatories be de- frayed by the bodies which they respectively represent. 1. The Commissioners' Fund. — Former Plans. [The Assembly of 1792, p. 59, ordered "that each Presbytery pay their own commissioners for the future, and for attending the present Assem- bly." In 1803, p. 279, the expense of attending the Assembly from dis- tant Presbyteries was brought to the notice of the body by overture, and a Committee appointed. On its report, p. 282, the subject was referred to the Presbyteries, with directions to report to the next Assembly. In 1804, p. 311, the following resolution was adopted, viz.:] Resolved, That it be recommended to the Presbyteries belonging to the Synod of New York and New Jersey, and to the Synod of Philadelphia, earnestly to advise the churches under their care to make an annual col- lection, to be specially appropriated to aid in the payment of the expenses of the commissioners from the more distant parts of the country, to enable them to attend the General Assembly, and that the money, when collected, be put into the hands of the treasurer of the corporation, and paid, to OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 471 the persons who may attend as commissioners under the direction of the General Assembly. A more comprehensive plan, looking to collections in all the churches, was adopted by the Assembly of 1806, pp. 369-371. See also 1807, pp. 385, 386 ; 1822, p. 56. In 1833, p. 410, the Assembly urgently pressed the necessity of contri- bution to the common fund on all the churches under its care. 2. During- the Separation. a. Resolved, That while the Assembly would not interfere with any ar- rangements that any Presbytery may choose to make to defray the ex- penses of its own delegates, we w T ould enjoin it upon the weak Presbyteries to see to it that their churches contribute as largely as possible, and that the more able ones, and especially such as are not very remote from the place where the Assembly meets, be required to have collections taken up in their churches for a common commissioners' fund to aid the weaker Pres- byteries in defraying the expenses of their delegates. — 1847, p. 395, O. S. b. The Committee to whom was referred the subject of mileage presented a report, which was adopted, and is as follows : The commissioners' fund is distributed at the present time in the follow- ing manner : The money contributed for the general fund is paid into the hands of the Committee on Mileage, and distributed to such commissioners as claim it (whose Presbyteries have contributed anything to the fund, and who have not otherwise been paid), according to the number of miles each has traveled to the place of meeting. This mode of distribution appears to be as simple and equitable as any that can be adopted, and the Committee recommend that it remain un- changed. Our Form of Government, chap, xxii., sec. iii., makes it proper for each Presbytery to pay its own commissioners ; consequently, if any Presbytery shall choose to do so, the Assembly cannot require them to contribute to the genera] fund. But it is most earnestly recommended to the older and abler Presbyteries, in view of the wide extent of our Church, and the great importance of our rising Presbyteries being represented in the meetings of the Assembly, if they shall choose to exercise their right to pay their own commissioners in full, that they be particular in making additional collections for the general fund, so that the younger and feebler Presby- teries may be fully represented. And it is hereby made the duty of the stated clerk to give due notice of this recommendation previous to the meeting of the General Assembly. — 1851, p. 24, N. S. See also 1856, pp. 216, 217, N. S. c. [In 1857 the Assembly, N. S., adopted the following plan, which was acted upon up to the time of the reunion, viz. :] That each Presbytery be earnestly requested to contribute annually their full proportion toward the expenses of our General Assemblies. That this proportion be determined by the number of communicants connected with the Presbytery. That the rate per capita for the next Assembly be five (5) cents for each communicant. That each Presbytery be at Jiberty to apportion their quota among their churches as they shall deem best. That the Standing Committee on Mileage, annually appointed, estimate and report the probable amount that will be needed to defray the traveling expenses of the commissioners and the contingent expenses of the next succeeding Assembly, together with the rate that will be adequate. 472 FORM OF GOVERNMENT. That on or before the fourth day of the sessions of each Assembly the amount thus contributed be paid to the Committee on Mileage, and a bill be presented by each commissioner of his necessary traveling expenses and mileage. That these bills, having been duly audited by the Mileage Committee, be paid as fully as the funds will permit, after appropriating an amount sufficient to defray the contingent expenses of the Assembly. That each minister and vacant church connected with those Presbyter- ies who have contributed their full quota to this fund be entitled to a copy of the annual minutes. That in order to avail themselves of the privileges of this plan, the Pres- byteries must contribute, and forward to the Assembly, their full propor- tion of this fund as thus determined. The report was adopted.— 1857, pp. 399, 400, K S. 3. The Rule as Adopted at the Reunion. It is affirmed, Form of Government, chap, xxii., sec. iii., that, in order as far as possible to procure a respectable and full delegation to all our judicatories, it is proper that the expenses of ministers and elders, in their attendance on these judicatories, be defrayed by the bodies which they respectively represent. The principle is thus established that provision should be made for the payment of the traveling expenses of commissioners to the General As- sembly. This provision should be made by the Presbyteries. As far as possible, the feebler Presbyteries should be aided in this matter by the stronger. It appears just and reasonable, and so has been found by expe- rience, that the estimated contingent expenses of each Assembly and the traveling expenses of the commissioners in coming to and returning from the Assembly should be fully met by the apportionment of the whole amount among the several Presbyteries according to the number of their communicants respectively. It is therefore recommended — 1. That the Standing Committee on Mileage, annually appointed, be instructed to present an estimate of the probable amount that will be needed by the next General Assembly in order to meet their contingent expenses and the traveling expenses of their commissioners, with a statement of the per capita rate, based on the number of communicants that will be needed to secure the amount. 2. That the Presbyteries, at their stated meeting next following the ad- journment of the General Assembly, apportion the amount required of their churches as they deem best. 3. That the churches be instructed to pay over their respective appor- tionments at the stated meeting of their Presbyteries next preceding the meeting of the General Assembly ; the whole amount due from the Presby- tery to be forwarded to the Assembly by their commissioner. 4. That as early as the fifth day of the sessions of the Assembly the apportionment of each Presbytery be paid in full, and a bill of the neces- sary traveling expenses of its commissioners be presented to the Standing Committee on Mileage. 5. That the Mileage Committee, after appropriating from the whole sum an amount sufficient to meet the estimated contingent expense of the Assembly, be instructed to audit these bills and pay them pro rata, if approved, as far as the funds will permit. 6. That in order to avail themselves of the proceeds of this fund, the OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 473 Presbyteries must contribute their full proportion to it according to the per capita rate. 7. That every minister and every vacant church contributing to this fund, connected with the Presbyteries thus complying with the provisions of this plan, be entitled to a copy of the annual minutes of the General Assembly. 8. That the commissioners from Presbyteries in foreign lands receive their necessary traveling expenses pro rata from their place of residence in this country. — 1870, pp. 59, 60. Resolved, That the presbyterial assessments for the Commissioners' and Contingent Funds for the General Assembly of the year 1871 be fixed at six cents per capita. Resolved, That the Presbyteries are hereby instructed to apportion their assessments among their various churches, to notify each church of the amount required therefrom, and to enjoin upon and require of each ses- sion the prompt collection thereof. Resolved, That hereafter the Assembly will expect and require from each Presbytery represented therein, excepting foreign Presbyteries, the payment in full of its entire assessment, according to its last preceding report of membership, irrespective of any delinquencies on the part of particular churches. — 1870, p. 100. 4. Presbyteries Enjoined to Secure the Full Quota, and those De- linquent Censured. One hundred and forty-four (144) Presbyteries have reported to your Committee. Of this number all but three (3) have paid in full, except- ing those among freedmen and missionary stations. The exceptions are the Presbyteries of Columbus, Shenango and Lyons, who have paid the balance remaining in the hands of their commissioners after deducting their expenses, or $141, out of an assessment of $498.24. Eight (8) Presbyteries have not reported to the Committee, viz., Ma- honing, St. Clairsville, Dubuque, Iowa, Transylvania, Long Island, Blairs- ville and Utica, their total assessment being $1617.12. Three (3) of these Presbyteries, viz., St. Clairsville, Iowa and Blairs- ville, have declined by a majority vote to report to the fund. Believing that this fund is based upon the soundest principles of justice and wisdom, and that its proper administration is vital to the best inte- rests of the Assembly, your Committee would call most earnest attention to the fact of the great increase in the number of Presbyteries who are disregarding its provisions, and are taking the funds raised for this pur- pose into their own hands. With the exception of the freedmen and missionary Presbyteries, but five (5) of the whole number of Presbyteries failed to report in full to the Assembly of 1871. No action having been taken thereon, and the silence of the Assembly seeming thus to give consent to such irregulari- ties, we have now eleven (11) Presbyteries, or an increase of six (6) in a single year, placing themselves outside of and above the regulations of the Assembly, and three of them by a deliberate vote of the bodies them- selves. A similar increase for a very brief term of years will inevitably undermine and do away with the practical workings of this fund, and render it impossible to obtain a full and free representation of all the Presbyteries on the floor of the Assembly. The Committee cannot avoid the conviction that those commissioners who have withheld from this fund moneys specially raised and designated 474 FORM OF GOVERNMENT. oy the Presbyteries for it, and appropriated them for the payment of theii own expenses, deserve the censure of the Assembly, and that those Pres- byteries which, after deliberation, have voted to disregard a plain standing rule of the Assembly are still more deserving of its censure. This fund should be sacredly guarded. All the churches and Presby- teries should cheerfully and promptly contribute their quota to it, as the wise and only provision by which the feeble and more remote Presbyteries can be represented, and under the present system the expenses of the As- sembly fairly provided for. We, therefore, recommend that this Assembly enjoin upon all the Pres- byteries to take such action at their next meeting as shall secure the quota from each of the churches within their bounds, and that such full appor- tionment be faithfully sent to the treasurer of the Assembly, according to the rules adopted by this body in 1870. — Minutes, pp. 59-60. We further recommend that the assessment for the General Assembly's Fund for 1873 be fixed at six (6) cents per member. — 1872, p. 84. Out of one hundred and fifty-three (153) Presbyteries, which number excludes a part of the freedmen and foreign Presbyteries, one hundred and fifty-three (153) have reported themselves to your Committee, and paid their assessments in full, leaving not a delinquent Presbytery nor a single deficient dollar. And two of these Presbyteries, Boston and Ore- gon, the farthest east and the farthest west, have overpaid their assess- ments — an irregularity which your Committee assumed to permit without express authority. One hundred and fifty-eight (158) Presbyteries, which number includes the freedmen and a few foreign Presbyteries, have presented to your Committee claims for mileage amounting to the sum of $23,741.20, which claims have been paid in full. — 1873, p. 545. APPENDIX. BOOK I. OF GOVERNMENT CONTAINING ACTS AND DELIVERANCES FROM 1874 TO 1885, INCLUSIVE. CHAPTER I. PRELIMINARY PRINCIPLES* [The chapters of the Form of Government are given with reference to the Digest of 1873, where action on them may be found. Such sections only are printed in full as have been acted upon by the Assembly from 1874 to 1885, inclusive.— iY.] [See Digest, pp. 43-106.] CHAPTER II. OF THE CHURCH. [See Digest, pp. 107-111.] 8. Rights of Sessions and of Trustees as to Church Property. On the respective rights of Sessions and boards of trustees in regard to church and Sabbath-school property, the Committee recommend the adoption of the following, viz. : 1. That the Constitution of our Church charges the Session with the supervision of the spiritual interests of the congregation, and all services and matters pertaining thereto; and that any action, by the board of trustees, unauthorized by the congregation, tending to annul or contravene in any way such supervision and control, is illegal and void. 2. That, as regards the church building, Sabbath-school, and lecture- room, the trustees have no right to grant or withhold the use of either, against the wishes or consent of the Session. — Adopted 1874, p. 84. [See Digest, pp. 109-111, par. 5-7.] * The larger type indicates the text of the Form of Government, Discipline, or Directory. 475 476 FORM OF GOVERNMENT. 9. Imperfectly Organized Churches urged to Complete their Org-aniztion, and no such Churches to be hereafter Received, The Committee, referring to the action of the last Assembly on the same subject (p. 46), recommend the adoption of the paper, as follows: This Assembly desires to call the particular attention of all its Presbyteries and churches to the following Concurrent Declaration of the Assemblies of 1869 : " Imperfectly organized churches are counseled and expected to become thoroughly Presbyterian, as early within the period of five years as may be permitted by the highest interests to be consulted, and no such churches shall be hereafter received." The Assembly has no official information as to the non-compliance by any of the churches here referred to with the Concurrent Declaration. As, however, the term for such imperfectly organized churches to become thoroughly Presbyterian has long since passed, the Assembly feels com- pelled to remind, in this particular, any and all delinquent churches of their duty, and to express its conviction that in the adoption of this Con- current Declaration by the Assemblies of 1869, both bodies are solemnly bound to obey it. — Adopted 1881, p. 591. [See Digest, p. 92, par. 2, and Min. 1880, p. 46. Committee-men are not elders. See Digest, p. 466, 5. — M.~\ CHAPTEK III. OF THE OFFICERS OF THE CHUEOH. [See under chapters iv., v., vi., Digest, p. 112.] CHAPTER IV. OF BISHOPS OB PASTOBS. [See Digest, pp. 112-114.] 3. Stated Supplies ; their Rights and Relations to the Church, a. Overture from the Presbytery of Knox, asking a reply to the question, Has a stated supply the right, power, and prerogative in the church Session as a pastor? The Committee respectfully recommend that the Assembly answer the overture in the negative. The report was adopted. — 1877, p. 549. Have only such Rights as may be Conferred by Presbytery. b. It was Resolved, That the question submitted by the Presbytery of Los Angeles, as to what rights and prerogatives belong to a pastor a stated supply had not, be answered, That stated supplies have such rights and prerogatives as may be expressly conferred on them by the Presbytery, and no other.— 1878, p. 120. Should not Preach in the Pulpits of any Presbytery without its Consent. c. Overtures from the Presbyteries of Lackawanna and Binghamton. OF BISHOPS OR PASTORS. 477 The Committee recommend the following answers to the questions pro- posed : 1st. That stated supplies should not preach in the pulpits of any Pres- bytery without its consent ; and, when the consent is refused, the Presbytery to which such minister serving as stated supply belongs, being notified, should recall him within its own bounds. — Adopted 1874, p. 83. A Pastor Elect not Stated Supply ipso facto. d. A pastor elect is not stated supply by any virtue of the call in progress. — 1880, p. 45. [See also under Form of Government, chap, ix., sec. iii., below, and Digest, pp. 112, 113, par. 1 a-g.~\ ■ 4. The Pastoral Relation Emphasized and Encouraged. The following paper in reference to the pastoral relation was adopted : The General Assembly deems it important to reiterate and enforce the doctrine of our Standards in regard to the pastoral relation, as the scrip- tural, apostolic, and permanent order for the edifying of the body of Christ and the extension of saving influences throughout the world. This was evidently the view of the subject held by those who laid the founda- tions of the Presbyterian Church, who drew the wondrous plan of its organization, and impressed upon it those features which give it so striking a resemblance to the churches presided over by the apostle John, by Timothy, by the venerable Polycarp, and others in those times of early development under the special guidance of divine inspiration. Nothing is more fundamental in our order than the law which calls for an educated, pious, ordained, settled, permanent ministry. Our Book recognizes no ministerial relation to the Church as thoroughly legitimate and vital but that of a regularly constituted pastorate; all besides this it regards as exceptional and temporary. As an Assembly we feel solemnly bound to remind the Presbyteries and churches of these facts, and to express our deep sense of the danger which threatens us, in consequence of a very manifest decline from the law and the practice of our fathers on this subject, and the growing evil of frequent change of pastoral relations, in consequence of which we are somewhat losing a peculiarity which has given us distinction in times past, and are becoming more and more, in this respect, like those denominations among whom change is not exceptional, but an adopted principle and a confirmed habit. For Presbyterians this tendency is alarming. The Assembly would therefore warn all concerned to be on their guard against it. Since much depends upon the views of the subject with which young men enter the ministry, we would respectfully suggest, to the teachers in our theological seminaries, the importance of emphasizing their instructions in regard to the pastoral office, as one to be desired and sought as a divine and per- manent institution, and as absolutely essential to the most healthful de- velopment and increase of the Church and the Christian cause. We would also earnestly call upon all our churches to co-operate with their Presby- teries in creating and extending a public sentiment favoring the forma- tion of pastoral relationships which time and years shall only serve to strengthen and to hallow, and which may suitably represent in outward form the stable tendencies of our ancient and orthodox faith. Our people must be encouraged to call pastors with a view of keeping them ; and our ministers must enter the pastorate to abide. When the two parties come together with such views and purposes, they will be so joined 478 FORM OF GOVERNMENT. together that man may not and only God can put them asunder. At the same time, the Assembly would deprecate undue haste in the consum- mation of pastoral ties as itself prophetic of speedy dissolution. We would advise the parties to take time to ascertain whether they have a proper liking and fitness for each other, and not marry under the first impulse of inclination, much less on account of what, at the moment, may appear the best or the only chance. Relationships designed to be lasting must be carefully considered and prayerfully entered into ; then will the causes which so frequently unsettle or disturb be powerless, and the beautiful order of the pastorate will remain, to the praise of God and the glory of the Church, in the midst of changes which mar all other relations and vitiate so many of the works of man. — 1877, pp. 542, 543. 5. Ministerial Rights unaffected by being Honorably Retired. From the Synod of Cleveland, inquiring whether those ministers whose names in the Assembly's Minutes are followed by the letters " H. R. " have still the right to preach, to administer the sacraments, to sit in the higher judicatories of the Church, and to exercise other functions of the ministry, as in former times. The Committee recommend that the follow- ing answer be returned : The designation referred to in the overture does not affect, in any way, the status of the minister, or deprive him of any of the functions of his office. — Adopted 1875, p. 507. [See also Digest, p. 163 ; Form of Government, chap, x., sec. viii., 42, 2 and 3.] CHAPTER V. OF RULING ELDERS. [See Digest, pp. 115-118 ; also chaps, ix.-xiii., below ; Digest, pp. 122- 133 and 337-352, for decisions as to both ruling elders and deacons.] CHAPTER VI. OF DEACONS. The Scriptures clearly point out deacons as distinct officers in the Church, whose business it is to take care of the poor, and to distribute among them the collections which may be raised for their use. To them also may be properly committed the management of the temporal affairs of the Church. [See Digest, pp. 118, 119.] 7, Deacons may Distribute the Bread and Wine at the Communion. a. Overture, asking, "Is it in accordance with Presbyterian law and usage that deacons distribute to the church-members the bread and wine in the sacrament of the Lord's Supper?" The Committee recommend that the Assembly answer "Fes," and refer to the Digest, p. 119. — Adopted 1874, p. 84. b. Is the action taken by the Assembly of 1874, p. 84 of Minutes, Over- etc. 479 ture No. 25, to be interpreted as directing that the serving of the elements at the Lord's Supper belongs indifferently to the^elders and deacons? Your Committee would respectfully recommend the following reply: The above question is answered on p. 119 of Moore's Digest, which says that, " Inasmuch as we have no rule in relation to the subject, the matter is referred to the discretion of the Sessions of the churches." — Adopted 1877, p. 516. 8. A Deacon may be also an Elder. Overture No. 20, being a petition from Kev. Moses D. A. Steen, asking the following question : When a deacon in any church is elected and installed a ruling elder in the same church, does he cease to exercise the functions of his office as deacon? — Ansiver. Not necessarily. See Digest,]). 119. — Adopted 1880, p. 56. [For questions pertaining to the election and installation of deacons see below: Form of Government, chap. xiii. sees, ii., viii. — M.~] CHAPTER VII. OF ORDINANCES IN A PARTICULAR CHURCH. [See under Directory for Worship, chaps, iii., iv., v., vi., vii., viii., xiv., and xv. The subject of collections for pious uses has occupied much of the attention of the Assemblies for many years. In 1854 the Assembly, O. S., issued an address at once comprehensive and exhaustive. See Baird, pp. 174-180. See also under chap, xviii. sec. ix., on Benevolence and Finance. — M.~] CHAPTER VIII. OF CHURCH GOVERNMENT, AND THE SEVERAL KINDS OF JUDICATORIES. [See Digest, pp. 121-123.] 3. Judicial Authority cannot be Granted to Bodies other than those Established by the Constitution. Overture from Rev. John H. Morrison, the moderator of the Second Council of the Presbyterian Alliance of India, asking the Assembly, in behalf of the Council — 1. To recognize its judicial authority, so far as to authorize it to decide finally cases of appeal in matters of discipline referred to the Alliance by the parties concerned, in accordance with the rules of their respective churches, in regard only to native churches, office-bearers, and ministers. 2. To grant a part of the Church's outlay in India (the precise portion to be settled by correspondence with the Boards of other Presbyterian bodies concerned in its support) for the maintenance of an efficient theo- logical college at Allahabad, which shall have a staff of at least three ordained professors, under the control of the Presbyterian Alliance of India, for the training of young men for spiritual work. It is not asked, in behalf of the Alliance, that any legislative powers should be given them, or any judicial authority to deal with cases of her- 480 FORM OF GOVERNMENT. esy, until such times as a common standard of faith and polity has been adopted by all the native Presbyterian bodies of India. In response to these requests, and in view of the important statements made by the Council that the " twelve Presbyterian churches now repre- sented in India are all Presbyterian in government and Calvinistic in doctrine," The Committee recommend — 1. That this Assembly renew the approval, by the Assembly of 1879, of the confederation of the churches and ministers connected with the Synod of India, with other similar bodies holding the same faith and order, not only so far as regards periodical meetings for friendly consul- tation for the advancement of the Redeemer's kingdom in that land, and the promotion of brotherly co-operation among the Presbyterian bodies in India, but also for the purpose of forming organic relations with each other, so soon as, in the providence of God, the way may seem clear for more united and efficient work in that great field of Christian evangeliza- tion. 2. That this Assembly renew, also, the judgment of the Assembly of 1879, that, for purposes of representation only, the ministers, both foreign and native, connected with the Synod of India, retain their connections with their respective Presbyteries, so as to be entitled to vote in the ap- pointment of Commissioners to the General Assembly, and so as to be able to conduct all their ecclesiastical affairs in a constitutional and orderly manner, especially until such times as a common standard of faith and polity shall be adopted by the churches represented in the Pres- byterian Alliance of India. 3. Inasmuch as the Synods have now been made judicatories of the last resort in all cases of appeal " not involving the Constitution or doctrine of the Church," the Committee recommend, that the Assembly declare, that the request to confer judicial authority on the Presbyterian Alliance, to decide cases of appeal in matters of discipline not involving cases of heresy, cannot be granted in accordance with the Constitution. — Adopted 1881, pp. 589, 590. (See 1879, p. 620.) CHAPTER IX. OF THE CHURCH SESSION. [See Digest, pp. 123, 124.] II. Of this judicatory, two elders, if there be as many in the con- gregation, with the pastor, shall be necessary to constitute a quorum. 3. [See Digest, p. 125, for the case where an elder is, for any cause, incompetent or refuses to act — b and c] 4. Official Acts of Session can be Performed only -when it is Regularly Convened. — Prayer in Opening- and Closing recom- mended. The Committee on the Polity of the Church reported : Overture from the stated clerk, representing the Presbytery of Boulder, inquiring — 1. Wherein consists the distinction between an " informal " meeting of a Session and a " regular " meeting ? 2. Ought the acts of informal meetings to be entered on the records before they have been ratified in a regular meeting? OF THE CHURCH SESSION. 481 3. Is it regular to receive members to the church, especially on a pro- fession of their faith, or to appoint delegates to the Presbytery or the Synod, at such informal meetings of Session ? -4. Ought not the validity of an elder's seat in the superior judicatories to be determined by the record of his due appointment at a regular meet- ing of the Session; and in the absence of such a record might not an elder, in a test case involving important issues, be denied his seat constitu- tionally ? 5. Ought a Session to send up its records for review without first reviewing them itself, and formally ratifying any informal acts at a regular meeting ? In particular, is it proper that the last entry should be a memorandum acted upon at an informal meeting, which can be approved only after the Presbytery has adjourned? The Committee recommends the following answer: a. The acts referred to in this overture are properly official acts, which the judicatory is competent to perform only when regularly convened, and making due record of its proceedings. (See Form of Gov., chap. ix. sees, i., ii., iii., iv., v., vii., viii.) b. While the act of opening and closing the meetings of a Session with prayer is not enjoined by the Constitution, this Assembly, in accordance with the views expressed by the Assembly of 1877, judges it to be in harmony with the spirit of the Constitution and the prevailing usage of the Church to observe this solemnity at all meetings of record, except that the opening prayer may properly be omitted after a db T ine service. — Adopted 1884, p. 113. 5. Prayer at Closing the Meetings of Session. While we have no law requiring the closing of the sessions of the church Session with prayer, yet by the deliverances of past General Assemblies, the omission to close any session of any of the judicatories of the Church with prayer has been pronounced out of harmony with the Form of Gov- ernment (Moore's Digest, p. 194) ; but a recess does not imply the close of a session. (See Form of Gov., chap, xii., sec. viii. ; and chap, xi., sec. v. ; and chap, x., sec. xi.) — Adopted 1877, p. 575. III. The pastor of the congregation shall always be the moderator of the Session ; except when, for prudential reasons, it may appear ad- visable that some other minister should be invited to preside ; in which case, the pastor may, with the concurrence of the Session, invite such other minister as they may see meet, belonging to the same Presbytery, to preside in that case. The same expedient may be adopted in case of the sickness or absence of the pastor. A Pastor Elect not Moderator or Stated Supply by Virtue of the Call in Progress. Overture from the Presbytery of Erie, presenting two questions: (1) When a minister has accepted a call to a congregation, said call having been placed in his hands by the Presbytery, is he ex-officio moderator of the Session of that congregation previous to his installation? The Committee recommend this answer: A pastor-elect is not moderator ex-officio, as he yet has no official connection with that church. But he may become moderator, if a member of the Presbytery under whose care the church is, by invitation of the Session or by appointment of Pres- bytery. fil 482 FORM OF GOVERNMENT. (2) " Is such a pastor elect stated supply previous to his installation ? or is it in the power of the Presbytery to appoint other supplies ?" We recommend this answer: He is not stated supply by any virtue of the call in progress ; and the Presbytery may appoint supplies or give the Session permission to supply the pulpit. — Adopted 1880, p. 45. VI. The church Session is charged with maintaining the spiritual government of the congregation ; for which purpose they have power to inquire into the knowledge and Christian conduct of the members of the church, to call before them offenders and witnesses, being mem- bers of their own congregation, and to introduce other witnesses where it may be necessary to bring the process to issue, and when they can be procured to attend; to receive members into the church; to admon- ish, to rebuke, to suspend or exclude from the sacraments those who are found to deserve censure ; to concert the best measures for promot- ing the spiritual interests of the congregation, and to appoint delegates to the higher judicatories of the Church. [See Digest, pp. 127-132.] 12, The Session has Oversight of the Conduct of Church-members. Resolved, That this Assembly warns the churches under its care against the spirit of worldly conformity now prevailing, and reminds the church Sessions that all known departures from the word of God in all the pleasures and duties of private, social, and civil life of their members are under their supervision. — 1874, p. 85. 13. Church Music is under the Control of the Session. Overture asking the Assembly to reaffirm the action of the Assemblies of 1845 and 1858, on the relations of the church Session to the music as a part of the worship of God. The Committee recommends the following answer : This General Assembly hereby reaffirms the action taken by the Assemblies of 1845 and 1858, as follows: Whereas, By our Constitution (Form of Gov., chap, ix., sec. vi., and Directory for Worship, chap, iv., sec. iv.) the whole internal arrange- ment of a church as to worship and order is committed to the minister and Session ; therefore Resolved, That this Assembly do not feel themselves called upon and obliged to take any further order on this subject, but leave to each Session the delicate and important matter of arranging and conducting the music as to them shall seem most for edification, recommending great caution, prudence, and forbearance in regard to it. — Adopted 1884, p. 115. [See Directory for Worship, chap, iv., sec. iv.]. 14. Duty of the Session in the Case of those who have Joined another Church, and are in Other Respects Irregular. Overture 1. — A paper from the Presbytery of Detroit, asking : " What course shall a Session pursue in regard to a member who has left the church, and become a member of another church, without having asked for or obtained a letter of dismission?" The Presbytery puts four cases : (1) "Those who have preceded or accompanied their departure to another church by absenting themselves from the ordinances of the church to OF THE CHURCH SESSION 483 which they owe allegiance." (2) " Those who have been guilty of such errors in doctrine as amount to heresy ; or such errors in practice as amount to practical immorality or apostasy." (3) " Those who, by change of conviction, without any such flagrant departure from doctrine or mor- ality, have been induced to unite with a church which does not hold correspondence with our church." (4) "Those who have entered an organization or endorsed a creed outside of what we recognize as evan- gelical." The Committee would reply, that almost every phase of neglect of church duty, or departure from church connection, has been acted upon by the Assembly before the separation, or by the separate branches during the separation, or by the reunited Assembly. The Committee would, therefore, recommend that these petitioners be referred to these past actions: (1) To the action of the Asssmbly of 1825, paragraph iii., sees. 3 and 4, pp. 625 and 626, Moore's Digest. (2) Action of the Assembly of 1872, paragraph i., sees. 3 and 4, Moore's Digest, p. 628. (3) Action of N. S. Assembly, 1868, last two sections on p. 130 of Moore's Digest. (4) Action of the K S. Assembly of 1839, p. 24, sec. c, on p. 169, Moore's Digest— Adopted 1880, p. 45 ; also 1879, p. 613. 15. Duty of the Session in Case of those who Doubt their Per- sonal Piety. Overture No. 10, being a request from the Presbytery of Rock River, for information on the following questions : 1. What shall be done with persons who, after having been, upon examination, received by the Session, conclude that they are not Chris- tians, never come to the Lord's Table, and request that their names bo erased from the roll of membership? 2. What course shall be pursued with those who have for a time walked with the church, but subsequently withdraw on the ground that they were deceived in the matter of personal piety, and who ask that their names be erased from the roll of the church ? The Committee recommend the following answer : There are but three ways in which the name of a person can be removed from the roll of a church. These are, by death, by dismission to another church, and by the administration of discipline. Great forbearance, however, should be exercised toward those whose position has been indicated in the overture. Their unfavorable judgment in regard to themselves may be dependent upon a temporary depression of mind. They should, therefore, be the subject of earnest prayer and affectionate expostulation, with the hope that they may be brought to the enjoyment of Christian privileges. The applications of these general principles, however, must be left to the dis- cretion of the Session. — Adopted 1878, p. 58. [See also Book of Discipline, chap, vii., sec. xlviii. and 1., " Cases with- out process," and 1879, p. 575.-71/.] 16. Communion Wine : the Purest attainable to be Used. a. A memorial from several Presbyteries on communion wine. Your Committee recommend the following answer: That the control of this matter be left to the Sessions of the several churches, with the earnest recommendation that the purest wine attainable be used. — Adopted 1877, p. 542 ; 1885, p. 685. b. Asking if the use of fermented wine is necessary to the proper observance of the Lord's Supper, and if our churches are at liberty to use unferraented wine if they can get it. — Answer. The essential el e- 484 FORM OF GOVERNMENT. ments of the Lord's Supper are bread and v/ine. The General Assembly has always recognized the right of each church Session to determine what is bread, and what is wine. In the judgment of the Assembly no new legislation is needed on this subject. — Adopted 1881, p. 548 ; 1882, p. 57. 17. The Baptism of Converts from Romanism discretionary with the Session in each Case. a. From the Presbytery of Genesee, asking a deliverance on the ques- tion, " Should a convert from Romanism, applying for admission into the Presbyterian Church, be again baptized?" — to which they recommend the following answer be given : That the decision of the question be left to the judgment of each church Session, guided by the principles governing the subject of baptism, as laid down in the standards of our Church. The report was unanimously adopted 1875, p. 514. b. The Judicial Committee presented the following, which was unani- mously adopted : Judicial Case No. 1. — An appeal of Elder Walter Bradshaw from the Synod of New York. Statement of ike Case. — The Session of Princetown church declined to recognize the validity of Roman Catholic baptism, and required a candi- date, Mr. Edward Francis Graham, for admission to the church, who was a Roman Catholic, to be baptized. Mr. Bradshaw, an elder of the Prince- town church Session, complained to the Presbytery of Albany, upon the ground that Roman Catholic baptism was recognized by the Church as valid, and that an applicant for the privileges of the communion of the church should not be rebaptized. The Presbytery of Albany declined to entertain the complaint of Mr. Bradshaw on the grounds " that the Presbyterian Church has given no judicial decision upon the subject of the validity of Roman Catholic baptism, and has by the deliverances of the General Assembly {Minutes, 1875, p. 514) left the decision of the validity of Roman Catholic baptism to the judgment of Sessions." Mr. Bradshaw appealed from this decision of the Presbytery of Albany to the Synod of New York, on the grounds that the Presbytery had refused to consider the question of the validity of Roman Catholic bap- tism, and had dismissed the complaint, basing their action upon the deliverance of the Assembly, leaving the question of validity to Sessions. The Synod of New York, acting under sec. xcix. of the revised Book of Discipline, declined to entertain Mr. Bradshaw's appeal and complaint, and directed the fact to be recorded that its decision was unanimous. From this decision of the Synod, Mr.. Bradshaw appeals to this General Assembly, on the grounds that Roman Catholic baptism is valid, and that it was unconstitutional for the Session to require the applicant to be re- baptized. Your Committee can discover no reasons for opening this ques- tion, and being convinced that the Synod of New York had good and sufficient reasons for declining to entertain the complaint of Mr. Brad- shaw, and further persuaded that these reasons should likewise prevail with this General Assembly — viz. that the deliverances of the General Assembly have left with Sessions the right to decide upon the validity of Roman Catholic baptism in particular cases, and that the Princetown church acted upon such deliverances — your Committee recommends that the appeal and complaint of Mr. Bradshaw against the action of the Synod of New York be not entertained.— 1885, pp. 593, 594. [See also Directory for Worship, chap, vii., sees, i., vii., viii., ix.] OF THE CHURCH SESSION. 485 18. In Appointing- Delegates to the Higher Judicatories the Session should Designate the Service to be Performed. Overture. — A request from the Presbytery of Newton that the Assembly answer the following questions : 1. Is a ruling elder, appointed to represent a Session in the Synod, by virtue of that appointment also its representative at any adjourned meet- ing of his Presbytery which may be held during the intervals of the ses- sions of the Synod ? 2. May a Session, which has appointed a ruling elder its Delegate to a stated meeting of the Presbytery, appoint an elder whom it delegates to the Synod to represent it, also, at any adjourned meeting of the same stated meeting of the Presbytery which may be held during the intervals of the session of the Synod ? The Committee recommend the following answer : That no rule is laid down in our Standards as to the particular term or time of service of delegates appointed by church Sessions to the higher judicatories of the Church ; and the Committee therefore recommend that it be left to each Session to prescribe the particular terms for which, or times at which, its delegates shall attend as its representatives in such judicatories. Under this view, the first branch of the overture is an- swered in the negative ; but the questions involved in both branches are subject in each individual case to the control of each Session. — 1878, p. 69. 19. Discretion of the Session as to Women's Part in Meetings for Prayer. a. [In 1872 the Assembly was asked to transmit to the Presbytery such rules as would forbid the licensing and ordaining of women to the gospel ministry, and the teaching and preaching of women in our pulpits or in the public and promiscuous meetings of the Church of Christ. The Assembly reply that there is no necessity for a change of the Con- stitution, and refer to the deliverance .of 1832 as expressing its judgment. —1872, p. 89. The deliverance referred to is as follows, viz. — M.~\ Meetings of pious women by themselves for conversation and prayer, whenever they can conveniently be held, we entirely approve. But let not the inspired prohibitions of the great apostle of the Gentiles, as found in his Epistles to the Corinthians and to Timothy, be violated. To teach and exhort or to lead in prayer, in public and promiscuous assemblies, is clearly forbidden to women in the holy oracles. — Pastoral Letter. — 1832, p. 378 ; Digest, p. 304. [In reference to this we have the following :] b. From the Presbytery of Rock River : " Does the Assembly mean to enjoin, that in the regular weekly prayer-meetings of the church no woman shall speak or lead in prayer?" [Referred to a special Committee, whose report was adopted, viz. :] In response to overture the Assembly expresses no opinion as to the scriptural view of woman's right to speak and pray in the social prayer- meeting, but commits the whole subject to the discretion of the pastors and elders of the churches. — 1874, pp. 32 and 66. 20. The Examination of Candidates for Admission to Sealing Ordi- nances should, except in Special Cases, be in the Presence of the Session. Your Committee recommend the following action : Inasmuch as the members of the Session are the judges of the qualifications of those to be 486 FORM OF GOVERNMENT. admitted to sealing ordinances, and the reception of such is their act, the examination of candidates ought manifestly to be in their presence, unless in special cases of sickness or other hindrance, when this duty may be performed by a committee under direction of the Session. (See Moore's Digest, p. 130.)-— Adopted 1885, p. 638. [See Directory for Worship, chap, ix., sec. iii.] VIII. Every Session shall keep a fair record of its proceedings, which record shall be at least once in every year submitted to the in- spection of the Presbytery. [For general rules as to records, see Form of Government, chap, xi., sec. vi. ; Digest, pp. 194-199 ; and especially as to what is " a fair record of its proceedings ;" also Book of Discipline, sec. Ixxi., 1st cl. — M.~\ IX. It is important that every church Session keep a fair register of marriages ; of baptisms, with the times of the birth of the indi- viduals baptized ; of persons admitted to the Lord's Table ; and of the deaths and other removals of church members. 3. Rolls of Baptized Children not Communicants, to be Kept. a. From the Presbytery of St. Lawrence in regard to baptized mem- bers. The Assembly directs church Sessions to exercise greater care in preserving accurate rolls of their baptized members who are not com- municants. — 1881, p. 548. b. Overture from the Presbytery of St. Lawrence, asking the Assembly to take such action as may better recognize the relation of baptized chil- dren to the Church. Your Committee recommend the following action by the Assembly : (1) Churches are urged to keep a full and permanent roll of all baptized children, and carefully to note their public confession of Christ, their passing beyond the watch and care of the church, or their removal by death. (2) When parents, with their families, are dismissed to other churches, the names of baptized children, who have neither come to years of discretion nor become communicants, should be embraced in the certificates given. — Adopted 1882, p. 98. [See also Book of Discipline, chap, xii., sec. cxiv., 1885, p. 602.] 4. The Aggregate Number of Elders, and of Deacons to be Reported. The aggregate numbers of the ruling elders, and also of the deacons, in the churches are required to be inserted in the Statistical Reports of the General Assembly. — 1878, p. 57. 5. Acting Elders only to be Reported : all Communicants included. Overture asking the following questions : a. 1. In reporting the number of ruling elders in any church, is the number to be that simply of those in active service at the time, or all ruling elders who are members of the church ? — Answer. Only those in active service. b. 2. In reporting the number of communicants, are the elders and deacons who have been reported in their appropriate columns to be in- cluded or not ? In other words, is the column for communicants in future to be for private members or for all communicants (members and officers), excepting ministers? — Answer. All members in communion are to be en- rolled, including the officers. — Adopted 1880, p. 56. OF THE CHURCH SESSION. 487 6. Blanks for Narratives to Presbyteries. The Special Committee on Blanks for Narratives (Minutes, 1884, pp. 78 and 121) presented a report which was amended and adopted. The blanks were ordered to be prepared by the stated clerk and issued by the Board of Publication. The report is as follows : The Committee appointed by the last General Assembly to consider an overture from the Presbytery of Kittanning, and to propose to the present Assembly a suitable scheme for the guidance of the churches in preparing their Annual Narratives of the State of Religion, with a view to securing fullness, accuracy and substantial uniformity in these reports, beg leave to present for the consideration of the Assembly the form hereto annexed: The Presbytery of . Inquiries for the Guidance of Church Sessions in preparing their Annual Narratives of the State of Religion. [Note. — It is not intended that the Narrative shall be restricted to bare and formal answers. It should be, however, very concise, consisting of statements of fact rather than reflections. Number the paragraphs to correspond with the subjoined topics.] I. PUBLIC WORSHIP. 1. To what extent has your congregation been supplied with preaching during the year ? 2. Has the attendance been stationary, growing or diminishing? 3. Is there any noticeable neglect of the public means of grace on the part of communicants? 4. What proportion of the children and youth of the congregation commonly attends? 5. How largely is the congregation made up of persons who are not professors of religion? II. SUNDAY-SCHOOLS. 6. During how much of the year has the Sunday-school been open ? If for less than the whole year, or if you have no Sunday-school, state the reasons. 7. Are there many who ought to attend the Sunday-school, but do not? 8. What proportion of the scholars is from families not professedly religious ? 9. Is the Shorter Catechism regularly taught ? 10. Are the Westminster Lesson Helps used ? 11. Have you a mission-school? If so, what encouragement is there in its work? III. MEETINGS FOR PRAYER. 12. What weekly meetings for social worship are observed? 13. What proportion of the church membership usually attends? 14. Is a monthly service held for the considerations of missions and other church work? IV. FAMILY RELIGION. 15. Is there reason for believing that family worship is observed in your Christian households? 488 FORM OF GOVERNMENT. 16. Are Christian parents conscientious and faithful in presenting their children for baptism ? 17. Are these duties urged upon the people in public and private in- struction ? 18. Is there evidence that the religious life of the home is nourished by catechetical and other religious teaching, and by the use of a wholesome Christian literature ? 19. Does a suitable reverence for the Lord's Day appear to be culti- vated among the children ? 20. Does the number of baptized persons admitted from time to time to the Lord's Table afford evidence that God's Covenant is generally honored ? V. BENEVOLENCE. 21. Does the congregation contribute, according to an established plan, to all the Boards of the Church ? 22. Is there a growth in the spirit of benevolence manifested in larger giving ? 23. Does the Sunday-school give, statedly, to benevolent objects ? 24. Is a proper provision made for the poor of the church? 25. What organizations are there in the congregation for women's work, and what objects do they include ? 26. Is there encouragement in the interest taken in these organizations, and in the results which are reached ? VI. REVIVALS. 27. Has there been any marked religious awakening among the un- converted? If so, state the number of conversions, and indicate any other encouraging results. 28. Are there any satisfactory marks of spiritual prosperity besides conversions ? VII. WATCH AND CAEE. 29. Has the Session been diligent in the spiritual oversight of the Church ? 30. If actual process of discipline has been resorted to, what has been the effect upon the subjects of it, and upon the church and congregation? VIII. MISCELLANEOUS. 31. Are the financial obligations of the congregation met with prompt- ness and cheerfulness ? 32. What forms, if any, of worldliness or vice, have obstructed re- ligious effort, and with what effect? 33. Is any work done by and within the bounds of the congregation in furtherance of the causes of temperance and Sabbath observance? 34. Are there any facts worthy of mention besides those already called for, or any methods or agencies employed, a knowledge of which may prove useful to the churches ? — 1885, pp. 598-600. OF THE PRESBYTERY. 489 CHAPTEK X. OF THE PRESBYTERY. II. A Presbytery consists of all the ministers, in number not less than five, and one ruling elder from each congregation, within a cer- tain district. [See Digest, pp. 134-138.] 10. Presbyteries previously Formed with less than Five Ministers will not be Dissolved. a. Overture. — From the Presbytery of Santa Fe, asking for an expla- nation of the meaning of chap, x., sec. ii., of the Form of Govern- ment as recently amended, and specially inquiring whether that section as amended contemplates the dissolution of Presbyteries previously organized with less than five ministers. Your Committee respectfully recommend the adoption of the following Resolutions : 1. That the attention of the members of the Presbytery of Santa Fe be called to the exact language of the chapter and section referred to, which is : "A Presbytery consists of all the ministers, in number not less than five, and one ruling elder from each congregation, within a certain district." 2. This section, as it now reads, does not contemplate the dissolution of Presbyteries previously organized in remote and isolated regions with less than five ministers. 3. The attention of the members of the Presbytery of Santa Fe is called to p. 143 of Moore's Digest, where it may be seen that the General Assem- bly is disposed to excuse remote and isolated Presbyteries from strict com- pliance with certain general rules, when it shall appear that every reason- able effort has been made to comply with said rules. 4. The Presbytery of Santa Fe are referred to their Synod for further direction as to the general contents of their overture. The report was adopted. — 1877, p. 549. b. A Presbytery continuing with Less than Five Ministers Dissolved. The Presbytery of New Orleans not having had, for several years, the constitutional number of ministers, was dissolved, and its ministers and churches were ordered to be attached to the Presbytery of Austin. — 1880, p. 83. 11. The Presbytery to Judge each case of those Living out of their Bounds. a. Overture, being a request from the Presbytery of Cleveland — 1. That this Assembly lay down some general rule for dealing with those members of Presbyteries who, not actively engaged in the pastoral work, neglect to report to their Presbyteries; and, 2. To lay down some uniform rule concerning those ministers who leave the bounds of their own Presbytery and neglect to remove their connec- tion, though their residence is permanently fixed within the bounds of another Presbytery. The Committee recommend that each such case be decided by the Presbytery on its own merits. — Adopted 1878, p. 57. 62 490 FORM OF GOVERNMENT. b. Overture. — From the Presbytery of Philadelphia, in reference to the case of Rev. James Smith. As the Rev. James Smith, at the time of the reconstruction of our Synods and Presbyteries, resided in the territory covered by the Presby- tery of Wisconsin River, he should have united with that Presbytery. Having failed to do so, and the Presbytery of Philadelphia having in- formed the Presbytery of Wisconsin River of his status at the time of the reconstruction, the latter Presbytery should communicate with him as to his duty, ascertain why he failed to report to them, and enroll him as one of their members. — 1879, p. 612 ; ante, p. 137, 7. 12. Presbyteries and Synods in Foreign Missionary Fields. The Committee, to whom was referred the report of the Special Com- mittee on Missionary Presbyteries and Synods appointed by the last Gen- eral Assembly, presented their report, recommending the adoption of the following rules in reference to the formation of Synods and Presbyteries in foreign missionary fields: I. In regions occupied by the Presbyterian Board of Foreign Missions only : 1. In such regions, Presbyteries, and eventually Synods, may be organ- ized, at discretion, if not already organized ; under whose care the native churches in the missions shall be placed. 2. Each Presbytery shall consist of all the ministers, foreign and native, not less than five in number, and a ruling elder from each church within its bounds. 3. Such Synod shall regularly send to the General Assembly certified copies of their minutes ; and such Presbyteries, narratives of the state of religion and statistical reports. II. In regions occupied by the Board and by the missions of other Presbyterian denominations : 1. In such regions, missionary churches, Presbyteries, and Synods, hold- ing the same faith and order, should be encouraged to enter into organic relations with each other for joint work in the common field. 2. For purposes of representation, however, the ordained ministers, foreign and native, connected with the Board of Foreign Missions, if sufficient in number, shall, with an elder from each of their churches, be regarded as a distinct Presbytery, entitled to appoint Commissioners to the General Assembly. 3. In all organizations constituted on this plan it is understood that no allowance is to be given to any departure from the Confession of Faith of the Presbyterian churches of Great Britain and America. The report was adopted. — 1879, p. 620. III. Every congregation which has a stated pastor has a right to be represented by one elder j and every collegiate church by two or more elders, in proportion to the number of its pastors. Overture from a member of the Synod of Pittsburg, as follows : a. Is a church having two pastors, one aged or infirm, the other asso- ciate or co-pastor, entitled to two elders in Presbytery and Synod ? Or what is the meaning of a " collegiate church," in chap, x., sec. iii., of the Form of Government ? The Committee recommended this answer : The general principle of our polity is that there shall be in our church OF THE PRESBYTERY. 491 courts an equal number of ministers and ruling elders. But vacant churches are entitled to a representation. The term " collegiate church " is used in two senses — first, of a church with more than one pastor ; second, of two or more churches united under the care of one pastor. The report was adopted. — 1868, p. 651, O. S. b. The above Confirmed. Overture from the Presbytery of Cleveland in regard to representation of collegiate churches. The Committee recommend that no action be taken, reference being made to the Digest, p. 138. — Adopted 1874, p. 83. IV. Where two or more congregations are united under one pastor, all such congregations shall have but one elder to represent them. 4. Churches in Different Presbyteries, under One Pastor, are under the Care of the Presbytery to which the Pastor belongs -while the Relation continues. Overtures from the Presbyteries of Kittanning, Clarion and Blairs- ville : " When two churches in different Presbyteries or Synods are so situated as to make it apparent to the Presbyteries, to which they belong, that they should be united in one pastoral charge, the pastoral relation may be constituted, and both churches shall, for the time being, be under the care of that Presbytery of which the pastor is a member ; and this presbyterial relation shall continue only so long as they retain the same pastor." The Committee recommend the adoption of the overture. — Adopted 1874, p. 82; ante, p. 139, 3. VII. Any three ministers, and as many elders as may be present belonging to the Presbytery, being met at the time and place appoint- ed, shall be a quorum competent to proceed to business. [See ante, Digest, pp. 139-143.] 4. d. Reception of a Member by Less than a Quorum Ratified as an Ex- ceptional Case. The Presbytery of Montana respectfully represent to the General Assembly, that at its late meeting, April 3, 1877, only two ministers and two elders were present to constitute the same. Before any business was transacted, Eev. John D. Hewitt was received by letter from the Presby- tery of New Brunswick. After this action the regular presbyterial busi- ness was attended to. Whereas doubt exists whether such proceedings were regular according the rules of the Church, this Presbytery respect- fully requests the Assembly to affirm this action and declare it valid. The Committee recommend that, owing to the singularity of the case and the difficulty in the way of the members of the Presbytery coming together, the request be granted. — Adopted 1877, p. 529 ; ante, 'Digest, p. 143, 4, a, b, c. POWERS OF THE PRESBYTERY. VIII. The Presbytery has power to receive and issue appeals from church Sessions, and references brought before them in an orderly manner; to examine and license candidates for the holy ministry; to ordain, install, remove and judge ministers; to examine and approve 492 FORM OF GOVERNMENT. or censure the records of church Sessions ; to resolve questions of doc- trine or discipline seriously and reasonably propounded ; to condemn erroneous opinions which injure the purity or peace of the Church ; to visit particular churches for the purpose of inquiring into their state, and redressing the evils that may have arisen in them; to unite or divide congregations at the request of the people, or to form or receive new congregations, and in general to order whatever pertains to the spiritual welfare of the churches under their care. I. TO EECEIVE AND ISSUE APPEALS AND EEFEEENCES. [See Book of Discipline, chap, ix., sees, lxx.-cii. ; ante, Digest, p. 144.] II. TO EXAMINE AND LICENSE CANDIDATES FOE THE HOLY MINISTEY. [See under chap, xiv., " Of Licensing Candidates," etc.] The Assembly has no power over the functions of the Presbytery in granting and continuing licenses, save that of review and control. — 1874, p. 82. III. TO OEDAIN MINISTEES. [See Digest, pp. 145-149.] 9. b. Presbyteries Only are Competent to Ordain Ministers. Overture from the Synod of Western New York, asking if an evangel- ist, laboring in a foreign field, where gospel institutions have not been established, is authorized to establish them by organizing churches and ordaining ministers, until there shall be a sufficient number of ministers to form a Presbytery. Your Committee recommend the adoption of the following answer : It is the judgment of the Assembly, without expressing any opinion as to whether there should be a constitutional provision to meet extraordinary cases in the foreign field, that, under the existing law of the Church, Presbyteries only are competent to ordain ministers ; and the Assembly also judges that churches organized in foreign missionary fields, where no Presbytery exists, may, with the consent of the Synod, be enrolled by the Presbytery to which the missionary on the field belongs. —Adopted 1882, pp. 96, 97. c. If One who has been Deposed, or who has Demitted the Ministry, is Restored, he Must be Reordained. Overture from the Presbytery of Schuyler, as follows : Is reordination necessary in the restoration of a deposed minister to the sacred office? And in view of the provisions of the Kevised Book of Discipline will reordination be necessary in the restoration to the ministry of those by whom the office has been demitted ? The Committee recommends the following answer : It is the judgment of this General Assembly that when a minister is deposed his office is taken from him, he becomes a layman, and, according to the new Book of Discipline, sec. xliv, he is to be enrolled as a commu- nicant in a particular church. Should he be recalled to the ministry, therefore, he should be reordained. The same course ought to be adopted in the restoration of one who has demitted the ministry ; inasmuch as the Book of Discipline, sec. li., de- OF THE PRESBYTERY. 493 scribes one who has demitted the sacred office as returning " to the con- dition of a private member of the Church." — Adopted 1884, p. 115. IV. TO INSTALL MINISTERS. [See Digest, p. 149, and Form of Government, chap, xv., pp. 403-41 5.] 13. The Presbytery may Refuse to Install at its Discretion. [Where an appeal was brought against a refusal to put a call into the hands of the appellant, it was held — ] That as the General Assembly has repeatedly decided that the Presby- teries have discretionary power in such cases (Digest of 1873, pp. 548, 549), which decisions are clearly in accordance with the Form of Government (chap, xv., sec. ix.), the appeal should be dismissed. — 1875, p. 510. [See below, chap, xv., sec. ix.] V. TO REMOVE MINISTERS. [See Digest, p. 150.] VI. TO JUDGE MINISTERS. [See Digest, pp. 150-169.] 41. a. Examination of One coming from Another Presbytery discretionary. When a minister brings a certificate of dismission in good and regular standing, and a recommendation from one Presbytery to another, has the Presbytery to which he comes a right to require him to submit to an ex- amination before receiving him ? Recommended that the matter be left to the Presbyteries, as the rightful judges of the qualifications of their own members. — Adopted 1880, p. 56 ; ante, p. 153, 22. 41. b. Ministers from other Denominations to be carefully Examined in Theology. Resolved, That the Presbyteries be enjoined, when dealing with appli- cations from ministers of other denominations for admission into our Church, to demand of such applicants evidence of having had a course of collegiate and theological instruction equivalent to that demanded in the case of candidates for the ministry under the care of our Presbyteries ; and that such applicants shall be subject to a particular and careful ex- amination in theology. — 1880, p. 85. 41. c. Reception of Foreign Ministers. a. From the Presbytery of Winnebago, with reference to Rev. Leopold Levasseur, a foreign minister, who has been laboring for some years in this country, a part of the time as a stated supply in a Presbyterian Church, with much acceptance, and desires to be received into the Pres- byterian Church. The Presbytery certify, that they have examined Mr. Levasseur and his papers from the Reformed Church of France, and they commend him for his prudence and piety, and that all the directions given by the General Assembly for such foreign ministers in the Digest (pp. 155, 156) have been complied with. The Committee recommends that he be received according to his request. — Adopted 1875, p. 506 ; ante, p. 157. b. Also the Rev. Andreas Baumgartner, 1876, p. 80 ; c, and the Rev. Emil Sage, 1883, p. 626. 41. d. The Rule Repealed as to the Presbyterian Churches of Canada. Overture from the Presbytery of Dayton, asking, " That, inasmuch as the intercourse between the Presbyterian Church of Canada and our 494 FORM OF GOVERNMENT. General Assembly is now very direct and intimate, affording us facilities for knowing the character and standing of ministers of that Church, such action be taken by this Assembly as will dispense with the year's proba- tion now required of ministers coming to us from that border province." Your Committee recommend the following answer: Inasmuch as the rule requiring such probation has been repealed as to ministers from the Presbyterian churches of Great Britain (see Moore's Digest, p. 159), that said rule be repealed so far as it relates to ministers coming from the Presbyterian churches of Canada. — Adopted 1883, p. 625 ; ante, pp. 158, 30. 41. e. The Name of one Suspended to Remain on the Roll. Overture from the Presbytery of Redstone, asking if it is proper to remove the name of a suspended member of the Presbytery from its roll, and place it in a private register. Your Committee recommend that this overture be answered in the negative. {Digest, p. 160, sec. 39.) — 1882, p. 96. 41. f The Presbytery is the Judge of the Character of Ministers. In questions touching .... the character of ministers, the Board (of Freedmen), in case of differences between the Presbytery and itself, should abide by the final judgment of the Presbytery. — 1884, p. 48. 42. MISCELLANEOUS QUESTIONS PERTAINING TO MINISTERS. 9. Names of those who "Withdraw Irregularly to be Stricken from the Roll, under Specified Circumstances. a. Overture from the Presbytery of Elizabeth, asking, " What is the duty of the Session in regard to a church-member who has united with another denomination without having previously given any notice to the Session of such purpose ?" The Committee recommends that this inquiry be answered by referring to the action of the General Assembly (N. S.) of 1839, as found in Moore's Digest, p. 169 ; and also to the action of the General Assembly of 1828, with reference to ministers who withdraw from the Presbytery and unite with another denomination, as found on the same page of the Digest. — 1879, p. 613; 1880, p. 45. [See Book of Discipline, chap, vii., sees, lii., liii.] b. Citation in such Cases not Necessary under the Revised Booh of Dis- cipline, sec. liii. [The following shows the former practice. — M.~\ No. 5 is a complaint against the Synod of Colorado in confirming the action of the Presbytery of Wyoming in striking the name of Rev. Thomas Cooper from its roll without notice or citation. The Committee report that, while the Assembly cannot approve of the action of the Presbytery in dropping Mr. Cooper's name without notice or citation, nor the subsequent action of the Synod of Colorado in confirming the action in review, yet, as nothing would be gained by a reopening of the case, and as the case does not come before us in due form, the Committee rec- ommends that the case be dismissed. — Adopted 1875, p. 511.] 10. Those who have Identified themselves with other Denomina- tions to be Dismissed or Stricken from the Roll. a. Overture from the Presbytery of New Brunswick, relating to min- isters of this Church who are pastors in other denominations. The Com- mittee recommends the following answer : OF THE PRESBYTERY. 495 The General Assembly hereby directs the Presbyteries under its care to require all ministers whose names may be on their rolls, but who have identified themselves with other denominations as communicants or as pastors, or as stated supplies for three years, to take letters of dismission to the denomination with which the particular churches to which they minister may be connected ; or, if they neglect to do so, then, on sufficient evidence of such identification, their names shall be dropped from our rolls. (See Digest, p. 169.)— Adopted 1884, p. 76. [The above action is so plainly contrary to the Constitution that the next year it was modified as follows. — if.] The Committee on Bills and Overtures reported — b. Overture. — Being a request, from the Presbytery of West Chester, that the Assembly shall define the authority of Presbyteries in regard to taking from the roll the names of ministers serving churches in other denominations. The Committee recommend the adoption of the follow- ing: Since the adoption of the Revised Book of Discipline, especially sec. liii., chap, vii., a Presbytery has no authority to take a minister's name from the roll without his consent, except by discipline, unless he has said or done something which either recognizes some other ecclesiastical juris- diction over him or declares his independence. Presbyteries should, how- ever, by correspondence, urge those who have identified themselves with other denominations to take regular dismissions. Ministers of our own Church ought to connect themselves with those Presbyteries within which is located either their field of labor or their residence, unless very special and unusual reasons exist to the contrary. — Adopted 1885, p. 604. [See Discipline, chap, i., sees. ii. and liii.] VII. TO EXAMINE AND APPROVE OR CENSURE CHURCH RECORDS. [See also Digest, chap, xi., sec. vi., pp. 194-199, and below, chap, xi., sec. vi.] VIII. TO RESOLVE QUESTIONS OF DOCTRINE OR DISCIPLINE. IX. TO CONDEMN ERRONEOUS OPINIONS. X. TO VISIT PARTICULAR CHURCHES, TO INQUIRE AND REDRESS. 48. a. A church Cannot withdraw Regularly without Consent of Presbytery. Overture. — A question from the Presbytery of Wisconsin : " How shall a church be orderly transferred to another denomination ?" The Com- mittee recommend the following answer : So far as it is ecclesiastically concerned, it cannot withdraw regularly without first asking consent and leave of the Presbytery under whose care and jurisdiction it voluntarily places itself. (See Moore's Digest, p. 172.) Questions of property must be determined by the courts of the State. — Adopted 1876, p. 80 ; ante, p. 172, 46, a, b. 48. b. The Presbytery may Dissolve a Church. a. Overture from the Presbytery of Council Bluffs, asking : 1. Has the Presbytery the power, under any circumstances, to dissolve a church organization ? 2. When a church becomes greatly reduced in numbers, and its exist- ence is made unnecessary by the new organization of Presbyterian churches in more favorable localities, to which a majority of its members have re- moved, has the Presbytery power to dissolve such a church organization, 496 FORM OF GOVERNMENT. overruling the wishes of a majority of the members of said church organ- ization ? 3. Is this power of the Presbytery subject to reversal by the higher courts on any other ground than that of injudicious exercise? The Committee recommend that the overture be answered by a refer- ence to the case of Shepherd vs. The Presbytery of Bloomington (Moore's Digest, 1873, p. 172, sec. 48).— Adopted 1875, p. 507. b. Dissolution is in the Discretion of the Presbytery, subject to Appeal. Overture. — Being a memorial to the General Assembly, signed by a number of its ministers and elders, asking an answer to the following questions : Whether, under the Constitution of the Presbyterian Church, a Presbytery has the power to dissolve a Presbyterian church, regularly constituted with a Session, communicants and trustees, supporting the preaching of the gospel, no formal charges made against the church, and yet acting against the wishes of the Session and congregation, or rather while they are protesting against such action. The Committee recommended the following reply : 1. A Presbytery, in the exercise of the powers given it by sec. viii., chap, x., of our Form of Government, must be its own judge as to the causes that are sufficient to justify it in dissolving any church in its con- nection. (See Digest, p. 172.) 2. If any wrong is done to a church by such a Presbyterial act its remedy is to be found in an appeal to a higher judicatory. — Adopted 1879, p. 615. c. The Church must have Notice of the Proposed Dissolution. [The Presbytery of Philadelphia North dissolved the Hermon church. On complaint, the Assembly reversed the Synod and the Presbytery, on the ground that the church had not had notice. (See Book of Discipline, chap, ix., sec. iv., sub-sec. xcix.) The Presbytery, after due notice, again dissolved the church, and its action was brought by complaint before the Assembly. — M.~] The Judicial Commission, appointed on Case No. 1, submitted the fol- lowing report, which was ordered to be recorded as the judgment of the Assembly : The Judicial Commission to whom was referred Judicial Case No. 1, being an appeal of Addison Bancroft and R. W. Stewart, ruling elders in the Hermon Presbyterian church, Frankford, Pa., from an action of the Synod of Philadelphia, present the following report: The appellants appealed from the action of the Presbytery of Phila- delphia North in dissolving the Hermon church, and deciding the field occupied by it a mission-station under the care of the Presbytery. The Synod of Philadelphia, at its stated meeting at Chester, Pa., October 19, 1877, sustained the action of the Presbytery ; whereupon the appellants brought their appeal from said action of the Synod to this General Assembly ; and the case having been, by consent of parties, referred by the General Assembly to this Commission for hearing and decision, and the Commission having thereupon proceeded to issue the appeal under the order prescribed by the Judicial Committee of General Assembly, and having fully heard the original parties and the members of the inferior judicatory, decided that the said appeal from the Synod of Philadelphia be not sustained, and for the following reason : It appears, from the minutes of the General Assembly of 1877 that this case was brought before said Assembly upon its merits, and that the action of the Synod of Philadelphia and of the Presbytery of Philadelphia North, in the OF THE PRESBYTERY. 497 premises, was by the General Assembly reversed, for the reason that Hermon church had no previous notice of the contemplated action of the Presbytery in dissolving the church, while at the same time regret is ex- pressed as to the necessity of reversing the decision of the Synod of Phila- delphia upon a ground which may seem merely technical ; whereupon the Presbytery of Philadelphia North did, at a regularly called meeting on June 15, 1877, proceed anew in the whole matter, and, having served proper notice upon Hermon church of its purpose to dissolve said church, did dissolve it. After a full hearing of the case, this Commission is satisfied that the Presbytery of Philadelphia Xorth was fully justified by the facts and by our Form of Government in the action then taken ; and that the Synod of Philadelphia was fully justified in sustaining the Pres- bytery in its action. — Adopted 1878, p. 41. XI. TO OKGAXIZE, UNITE AND DIVIDE CHUKCHES. 53. a. Churches should not be Organized where the People can he Supplied with Church Privileges by Existing Presbyterian Churches. Overture from the Presbytery of East Florida, asking for advice re- garding the organization of new churches within its own bounds, and the right of the Presbytery to solicit aid from the Boards of Home Missions and Church Erection. Your Committee recommend the following action : 1. It is inexpedient and contrary to the expressed spirit of the Church to multiply church organizations in any field already well supplied with gospel privileges, and especially so when the churches occupying the field are closely related to us in doctrine and polity. 2. In the particular field seeking advice — viz. that which is occupied by the Presbytery of East Florida — we see no reason either for disturbing- work already undertaken, or for putting any definite prohibition upon wise Christian zeal which seeks the extension of the Church's work and care in the bounds of the said Presbytery. 3. However, we think it unwise, and a waste of the means and power of the Church, to organize separate churches when the persons desiring such organizations are not only few in number, but may be supplied with church privileges bv existing Presbvterian churches. — Adopted 1882, p. 96. 53. b. Presbytery has Power over the Location of a Church. Overture proposing the following question : " Does chap, x., sec. viii. of the Form of Government, defining the powers of the Presbytery, give the Presbytery the right to exercise control over the erection of church buildings within its bounds, both in the case of new organizations expect- ing to build and of old congregations proposing a change of location?" — Answered in the affirmative 1884, p. 77. 53. c. Presbytery has Power to Divide a Church. The Commission appointed to try the appeal and complaint from the Lost Creek congregation against the Synod of Harrisburg, presented their report, which was accepted, and ordered on record in the minutes of the Assembly, as follows : The Commission, to whom was referred Judicial Case Xo. o, being an appeal from and a complaint against the Synod of Harrisburg, in the matter of sustaining the action of the Presbytery of Huntingdon, dividing the church of Cedar Creek, beg leave to report, recommending that the paper be accepted as a complaint alone, and that it be dismissed. 63 498 FORM OF GOVERNMENT. The Cedar Creek church consists of members of the two congregations of Mifflintown and Lost Creek, eight miles apart, and united as one in- corporated society. The people at Mifflintown petitioned the Presbytery to be organized into a' new and separate church, and a committee was ap- pointed by the Presbytery for this purpose. Having been informed that an organization into a new church might jeopard their claim to any por- tion of the property they hold in common with the people of Lost Creek, the members of the Cedar Creek church at Mifflintown recalled their pre- vious request, and asked the committee of the Presbytery to divide the old church, and set them off as a part of it, and organize them into a distinct church. The committee acceded to this, and the act was approved and adopted by the Presbytery. The people at Lost Creek complained to the Synod, that the division of the church was irregular, unconstitutional and injurious — (1) Because the committee of the Presbytery were appointed to organize a new church, and not to divide the old one ; (2) because the Presbytery were incom- petent to divide the church without the consent of that part of it con- nected with the Lost Creek congregation ; (3) because no notice of an appointment of the committee of the Presbytery had been given to the Lost Creek people ; and (4) because a division of the church must be injurious to Lost Creek, by the resources that must be withdrawn from it, and injurious to both places by the alienation that must be produced. The Synod dismissed the complaint, and sustained the Presbytery. The complaint of the action of the Synod is brought up to the General Assembly, on the same grounds on which complaint of the action of the Presbytery was based. The dismissal of the complaint is recommended to the Assembly, because (1) the action of the committee of Presbytery was made their own by the Presbytery ; the Presbytery are competent to divide a church on the peti- tion of a portion of its members, and especially of a majority of its mem- bers ; (2) notice of the coming of the committee of the Presbytery was published from the pulpit at Lost Creek, and the proposed coming of the committee was well known to the people there ; (3) because the Presbytery and Synod, well qualified to judge of this, deemed it expedient and for the interests of both congregations that the church should be divided ; cmd that the apportionment of the property between the two congregations is left for future adjustment. — 1876, pp. 39, 40. [For the limit of the right of general review and control, and of fram- ing rules for the conduct of Sessions, see Book of Discipline, chap, ix., sec. lxx. — MJ] 56. a. Power of the Presbytery over Unemployed Ministers and Vacant Churches: the Plan adopted in 1881. 1. Each Presbytery shall, at its semi-annual meeting, prepare a list of its vacant churches, and unemployed ministers who are competent for service and who have not been relieved from the active work of the min- istry. From this list shall be excepted such vacant churches as have obtained leave, from the Presbytery, to supply themselves, and such unemployed ministers as have obtained permission to labor outside the bounds of the Presbytery. The Presbytery shall also require, of each of the churches on the list so prepared, a report as to the amount it is able to contribute for the support of the preaching of the gospel during the ensuing six months, to the end that the Presbytery, or its committee, may determine the number of appointments to be made for it from the OF THE PRESBYTERY. 499 list of supplies. The Presbytery shall also determine the amount to be paid per week for pulpit supplies in said churches. 2. The Committee on Home Missions in each Presbytery (or such other committee as the Presbytery may appoint for this duty) shall have super- vision of all vacant churches in the interim of the Presbytery ; and it shall be its duty to arrange for their supply from the list of unemployed ministers. It shall send such ministers to the vacant churches, or mission- fields, in such order and rotation as may seem to it best ; provided, how- ever, that no minister shall occupy one pulpit longer than two Sabbaths in succession in the rotation. 3. If additional pecuniary support is, in the judgment of the Presby- tery, needed to supply the vacant churches with stated preaching of the word, the Presbytery may set apart a portion of its home missionary con- tributions for this purpose. But such part of its contributions shall be sent through the Board of Home Missions, which Board shall acknowledge it in its receipts. 4. Should any church, in the interim, be prepared to call a pastor or make provision for a stated supply, its name shall be removed from the list of vacant churches. 5. In Synods having a Synodical missionary it shall be his duty to communicate with the several Presbyterial committees as to the vacant churches and unemployed ministers under their care and direction ; and they shall co-operate with him in the work of organizing new fields and supplying those already in existence. 6. All unemployed ministers, able for service, who refuse to be placed on the list, and work under the direction of the Presbytery, shall, if not excused, be retired, and so reported to the Assembly. 7. If, in the judgment of the Presbyteries, it shall be thought best to make a more general arrangement between the unemployed ministers and vacant churches within the bounds of the Synod, then the Synodical Com- mittee shall take the place of the Presbyterial, and the duties assigned to the latter shall attach to the former, under such specific instructions as may seem best to each Synod. 8. All, in the act of the Assembly of 1873, concerning the vacant churches and unemployed ministers, inconsistent with this act, is hereby repealed. — Adopted 1881, p. 547 ; ante, pp. 176, 177. [See the report in full, 1881, pp. 545-547.] The Rule Defined as to Article 3. Overture from the Presbytery of Cincinnati, asking the General Assembly to interpret article 3, in the action of the last General As- sembly, regarding " Unemployed Ministers and Vacant Churches," with special reference to the manner in which the funds are to be returned to the Presbyteries. The Committee recommend the adoption of the fol- lowing interpretation : Inasmuch as the action referred to has reference to funds contributed, not for the mission-work of the whole Church, but for work within the bounds of the Presbytery contributing the funds, these funds are to be returned in bulk to the Presbytery contributing them, to be distributed according to its discretion. But this rule shall apply only to such special funds. — Adopted 1882, p. 95. 56. b. The Higher Judicatories may institute Process in Cases in ivJiich the Lower have been Directed so to do, and have Refused or Neglected to Obey. See Book of Discipline, sec. xviii. [The following shows the former practice. — M.~\ 500 FORM OF GOVERNMENT. The Committee on Bills and Overtures presented the following report : This paper, entitled "The Complaint of the Sewickley church to the General Assembly against the action of the Synod of Erie in the case between the Session* and the Presbytery of Allegheny," was first referred by this Assembly to its Judicial Committee. The Judicial Committee re- ported that the paper could not be received as a complaint, because the proceedings of the Synod to which it refers were not a judicial trial, and recommended that it be referred to the Committee on Bills and Overtures. Your Committee, in obedience to what they understood to be the instruc- tions of the Assembly, have considered it simply as an overture. In view of the records in the case, and of the statements made by the parties interested, your Committee recommend the adoption of the follow- ing resolutions : 1st. This Assembly reaffirms the resolutions adopted by the Synod and Presbytery, setting forth the binding obligations of the Fourth Command- ment as expounded in the standards of the Presbyterian Church and in the repeated deliverances of the General Assembly, and also the declara- tions of the Synod and the Presbytery, that any voluntary and responsible participation in the publication and sale of a Sunday newspaper is incon- sistent alike with obedience to the law of God and with membership in the Presbyterian Church. 2d. That it is entirely within the constitutional authority of a Presby- tery to direct the Session of a church under its care to proceed to the discipline of any member of said church ; and that it is competent for a Synod to reaffirm such instructions on a reference of a case asking for its advice. That the Session of the church of Sewickley were bound to carry out the plain meaning of the instructions of the Presbytery of Allegheny, and that their reasons for declining to do so are insufficient. 3d. That the proper remedy for the Presbytery to apply to that Session, if they continue to disobey the instructions of the Presbytery, is to put the Session under discipline for contumacy. The report was adopted 1877, p. 531. [For powers of the Presbytery in relation to the churches of the freed- men, see below, chap, xviii., sec. vii. — if.] 56. c. Duty of Presbytery in Case of Members who do not Report a. Overture from the Presbytery of Boston with reference to absentees of whose whereabouts the Presbytery knows nothing, or who, absenting themselves from year to year, give no heed to the communications of the Presbytery. As to the former class, the Committee recommend that their names be retained on the roll till some knowledge can be obtained of such brethren ; as to the latter class, that a process of discipline be entered upon for violation of ordination engagements to be subject to their brethren in the Lord. — Adopted 1876, p. 80. [See also above, 42 : 10, d ; 1885, p. 604.] b. Overture from the Presbytery of Pueblo, asking whether the rule, which forbids the granting of a letter to a member of a church who has been absent from all meetings and services of said church for two years without satisfactory explanations, applies also in principle to a minister in his relation to a Presbytery. Your Committee answer this inquiry in the negative, and would recom- mend that each Presbytery is competent to decide each particular case on its own merits. — Adopted 1883, p. 626. [See Book of Discipline, chap, xii., sec. cxvi.] OF THE PRESBYTERY. 501 56- d. Powers of the Presbytery over the Pulpits of its Churches. a. Overture from the Presbytery of St. Clairsville, on home missions. The Committee recommend this answer : The Presbytery has power to determine who shall statedly preach in the pulpits of its churches, as declared in the answer to the overture of the Presbytery of Lackawanna on essentially the same subject. (See chap, iv., above!) — Adopted 1874, p. 85 ; also Minutes 1874, p. 83. . b. Presbytery may, under Special Circumstances, issue a Certificate of Dis- mission to a Member of an Existing Church. [See under chap, x., sec. v., below, 1875, p. 511. — M.~] c. Presbytery shall Grant a Certificate of Dismission to a Member of an Extinct Church. (Rev. Book of Disc, sec. cxii.) IX. It shall be the duty of the Presbytery to keep a full and fair record of their proceedings, and to report to the Synod every year licensures, ordinations, the receiving or dismissing of members, the removal of members by death, the union or division of congregations or the formation of new ones, and, in general, all the important changes which may have taken place ivithin their bounds in the course of the year. [See under Form of Government, chap, xi., sec. vi. Nearly every case there applies equally to the records of Presbytery.] [See Digest, p. 177.] 3. Churches holding Service in Foreign Languages to be Desig- nated in Statistical Reports. It was Resolved, That the stated clerks of the Presbyteries indicate, in the statistical reports, the nationality of all churches in which services are held in a foreign language, by adding to or inserting in the name of a given church the customary national name of the persons worshiping therein.— 1882, p. 18. 4. The Stated Clerk may upon Explicit Official Information Correct Errors. Overture from the Presbytery of Mahoning, asking the General Assem- bly to restrain its stated clerk from making alterations in statistical reports, in face of the deliberate action and order of the Presbytery, on the subject of putting to the names of ministers the designations " W. C." and " H. R." Your Committee recommend the following answer : The General Assembly enjoins its Presbyteries to carefully attend to sending their statistical reports as full and complete as practicable. And further, it is the judgment of the Assembly that it is within the province of the stated clerk to correct obvious errors and to supply evident omissions in the statistical reports sent up by the Presbyteries ; it being understood, however, that changes shall be made only upon explicit, official informa- tion.— 1882, p. 96. X. The Presbytery shall meet on its own adjournment ; and when any emergency shall require a meeting sooner than the time to which 502 FORM OF GOVERNMENT. it stands adjourned, the moderator, or, in case of his absence, death or inability to act, the stated clerk, shall, with the concurrence or at the request of two ministers and two elders, the elders being of different congregations, call a special meeting. For this purpose he shall send a circular letter, specifying the particular business of the intended meeting, to every minister belonging to the Presbytery, and to the Session of every vacant congregation, in due time previous to the meeting ; which shall not be less than ten days. And nothing shall be transacted at such special meeting besides the particular business for which the judicatory has been thus convened. [See Digest, ante, pp. 178, 179.] 5. "What Business may be Done at a Called Meeting. Overture from the Presbytery of Newton, asking the General Assembly if, at a pro re nata meeting, business, necessarily resulting from action taken at such meeting, but not included in the call, can be properly trans- acted. For example : at a pro re nata meeting to dissolve a pastoral rela- tion and dismiss the pastor, the following items, which were not in the call, were transacted: Arrangements were made for declaring the pulpit vacant ; Supplies were furnished for the vacant pulpit ; A neighboring pastor was appointed moderator of the Session of the vacant church, according to a standing rule of the Presbytery ; The minister dismissed left the important Committee on Systematic Beneficence without a chairman, of which committee the remaining mem- bers were not able to able to act : at this pro re nata meeting this vacancy was filled. The Committee recommend the following answer : Only such action should be had at a pro re nata meeting as is essential to complete the busi- ness directly connected with that named in the call for said meeting. In the case submitted the appointment of the chairman of a permanent committee of the Presbytery was not within the limits of the call for the pro re nata meeting. — Adopted 1874, p. 81. CHAPTEK XL OF THE SYNOD. I. As a Presbytery is a convention of the bishops and elders within a certain district : so a Synod is a convention of the bishops and elders within a larger district, including at least three Presbyteries. The Synod may be composed, at its own option, with the consent of a majority of its Presbyteries, either of all the bishops and an elder from each congregation in its district, with the same modifications as in the Presbytery, or of equal delegations of bishops and elders, elected by the Presbyteries on a basis and in a ratio determined in like manner by the Synod itself and its Presbyteries. [As amended. See 1880, p. 74, and 1881, p. 524; ante, pp. 181-188.] OF THE SYXOD. 503 4. The Synods as Reorganized in 1881. [A committee was appointed by the Assembly of 1879 {Minutes, p. 614) to report on the propriety of proposed changes looking toward the reor- ganization of the Synods of the Church. This committee was continued, and reported to the Assembly in 1881 ; Min. pp. 559—562. — J/.] a. The recommendations of said report, with the enabling act appended, were adopted : 1. That the Synods of Albany. Central Xew York, Geneva, Long Island. Xew York and Western Xew York be consolidated, and together constitute the Synod of Xew York ; said Synod to comprise within its bounds the State of New York, together with our ministers and churches in the New England States, and those under the care of the foreign mis- sionary Presbyteries of Oroomiah and Siam. 2. That the Synods of Erie. Harrisburg, Philadelphia and Pittsburgh be consolidated, 'and together constitute the Synod of Pennsylvania ; said Synod to comprise within its bounds the State of Pennsylvania, together with our ministers and churches within the bounds of the State of West Virginia, and those under the care of the foreign missionary Presbytery oi Western Africa, 3. that the Synods of Cincinnati. Cleveland, Columbus, and Toledo be consolidated, and together constitute the Synod of Ohio : said Synod to have its bounds coterminous with the State of Ohio. 4. That the Synods of Illinois Central, Illinois Xorth and Illinois South be consolidated, and together constitute the Synod of Illinois ; said Syuod to have its bounds coterminous with the State of Illinois. 5. That the Synods of Indiana North and Indiana South be consol- idated, and together constitute the Synod of Indiana ; said Synod to have it? bounds coterminous with the State of Indiana. 6. That the Synods of Iowa Xorth and Iowa South be consolidated, and together constitute the Synod of Iowa ; said Synod to have its bounds coterminous with the State of Iowa. The Committee would also recommend that the Presbyteries in connec- tion with the Synods thus consolidated be advised, at their sessions next preceding the meeting of the new Synod to which they will belong, to adjourn to meet during the sessions of said Synod. The Committee would also respectfully add. that they have prepared a draft ol an enabling act. which they append to this report, awaiting the pleasure of the Assembly. b. The Enabling Act. Resolved, That, in order to carry into full effect the plan for the recon- struction of certain Synods, adopted by this Assembly, the following action be now taken : 1. The Synods of Albany. Central New York, Geneva, Long Island. New York and Western New York are hereby consolidated, and consti- tuted into the Synod of New Yoek ; which Synod shall include all the Presbyteries within the State of New York, and within New England, together with the foreign Presbyteries of Oroomiah and Siam, and all the churches and ministers under the care of said Presbyteries : and the Synod of New York, as thus constituted, is hereby declared to be the legal* suc- cessor of the Synods of Albany, Central New York, Geneva, Long Island. Xew York and Western New York. and. as such, entitled to the ssion and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. The Synod of Xew York, as thus constituted, shall meet on the third 504 FORM OF GOVERNMENT. Tuesday of October, A. d. 1882, at half-past seven o'clock p. m., in the First Church of Utica, N. Y., and shall be opened with a sermon by the Rev. Henry A. Nelson (or, in his absence, by the Rev. David R. Frazer), who shall preside until a moderator be elected. This resolution and action shall take effect on the second day of January, in the year of our Lord 1882. 2. The Synods of Erie, Harrisburg, Philadelphia and Pittsburgh are hereby consolidated, and constituted into the Synod of Pennsylvania ; which Synod shall include all the Presbyteries within the State of Penn- sylvania, together with those within the State of West Virginia, and the foreign Presbytery of Western Africa, and all the ministers and churches under the care of said Presbyteries ; and the Synod of Pennsylvania, as thus constituted, is hereby declared to be the legal successor of the Synods of Erie, Harrisburg, Philadelphia and Pittsburgh, and, as such, entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. The Synod of Pennsylvania, as thus constituted, shall meet on the third Thursday of October, A. d., 1882, in the Market Square Church of Har- risburg, Pa., at three o'clock p. m., and shall be opened with a sermon by the Rev. Henry S. Butler (or, in his absence, by the Rev. Wallace Rad- cliffe), who shall preside until a moderator be elected. This resolution and action shall take effect on the second day of January, in the year of our Lord 1882. 3. The Synods of Cincinnati, Cleveland, Columbus, and Toledo are hereby consolidated, and constituted into the Synod of Ohio ; which Synod shall include all the Presbyteries within the State of Ohio, and all the ministers and churches under the care of said Presbyteries ; and the Synod of Ohio, as thus constituted, is hereby declared to be the legal successor of the Synods of Cincinnati, Cleveland, Columbus and Toledo, and, as such, entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. The Synod of Ohio, as thus constituted, shall meet on the second Mon- day of October, A. d. 1882, at half-past seven o'clock p. m., in the Second Presbyterian Church of Columbus, Ohio, and be opened with a sermon by the Rev. Charles C. Beatty (or, in his absence, by the Rev. E. Perkins Pratt), who shall preside until a moderator be elected. This resolution and action shall take effect on the second day of January, in the year of our Lord 1882. 4. The Synods of Indiana North and Indiana South are hereby consol- idated, and constituted into the Synod of Indiana ; which Synod shall include all the Presbyteries within the State of Indiana, and all the min- isters and churches under the care of said Presbyteries ; and the Synod of Indiana, as thus constituted, is hereby declared to be the legal succes- sor of the Synods of Indiana North and Indiana South, and, as such, entitled to the possession of all the rights and franchises, and liable to the performance of all the duties, of those Synods. The Synod of Indiana, as thus constituted, shall meet on the second Thursday of October, A. d. 1882, at half-past seven o'clock p. m., in the Second Presbyterian Church of Indianapolis, Ind., and shall be opened with a sermon by Rev. Joseph F. Tuttle (or, in his absence, by the Rev. Daniel W. Fisher), who shall preside until a moderator be elected. This resolution and action shall take effect on the second day of January, in the year of our Lord 1882. 5. The Synods of Illinois Central, Illinois North and Illinois South are OF THE SYNOD. 505 hereby consolidated, and constituted into the Synod of Illinois ; which Synod shall include all the Presbyteries within the State of Illinois, and all the ministers and churches under the care of said Presbyteries ; and the Synod of Illinois, as thus constituted, is hereby declared to be the legal successor of the Synods of Illinois Central, Illinois North and Illi- nois South, and, as such, entitled to the possession and enjoyment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. The Synod of Illinois, as thus constituted, shall meet on the third Tues- day of October, A. d. 1882, at half-past seven p. m., in the Second Presby- terian Church of Springfield, 111., and shall be opened with a sermon by the Rev. Robert W. Patterson (or, in his absence, by the Rev. Thomas W. Hynes), who shall preside until a moderator be elected. This resolu- tion and action shall take effect on the second day of January, in the year of our Lord 1882. 6. The Synods of Iowa North and Iowa South are hereby consolidated, and constituted into the Synod of Iowa ; which Synod shall include all the Presbyteries within the State of Iowa, and all the ministers and churches under the care of said Presbyteries ; and the Synod of Iowa, as thus con- stituted, is hereby declared to be the legal successor of the Synods of Iowa North and Iowa South, and, as such, entitled to the possession and enjoy- ment of all the rights and franchises, and liable to the performance of all the duties, of those Synods. The Synod of Iowa, as thus constituted, shall meet on the third Thurs- day of October, a. d. 1882, at half-past seven o'clock p. m., in the Central Presbyterian Church of Des Moines, la., and shall be opened with a ser- mon by the Rev. Samuel S. Howe (or, in his absence, by the Rev. Alex- ander S. Marshall), who shall preside until a moderator be elected. This resolution and action shall take effect on the second day of January, in the year of our Lord 1882.— 1881, pp. 562-565. [See Digest, pp. 182-187. Synods organized at the Reunion, 1881, p. 94. The stated clerks of Synods consolidated with other Synods were directed to deposit their records with the stated clerks of the Synods which are their legal successors. — 1882, p. 94. — if.] 5. Synods, other than the Above-named, Organized since the Reunion. a. The Synod of Nebraska. Overtures from the Presbyteries of Omaha, Nebraska City, and Kear- ney, praying to be constituted a Synod to be called " The Synod of Nebraska." The Committee recommend that their petition be granted, and that the time of the first meeting of the Synod be the first Thursday in October next, at 7 o'clock p. m., in the First Presbyterian Church of Nebraska City ; that the Rev. Nahum Gould preach the sermon, and preside at the organization of the Synod until a moderator be chosen ; or, in case of his absence or inability to act, the oldest minister present. — Adopted 1874, p. 82. b. The Synod of the Columbia. Overture from the Presbytery of Oregon, asking the General Assembly to erect a Synod on the territory now embraced within the bounds of said Presbytery, as herein described, under the name of the Synod of the Columbia, with the following Presbyteries, viz. : First. The Presbytery of Oregon, which shall be defined as within that part of the State of Oregon situated between the Columbia River on the 64 506 FORM OF GOVERNMENT. north, and a line beginning at the south-west corner of Benton county, and running along the south line of said county to the south-east corner, thence along the east line to the south-west corner of Linn county, thence along the south line of said county to the summit of the Cascade Mountains, also the counties of Wasco, TJmatella, Union, Grant and Baker, in East- ern Oregon, together with the Territory of Idaho ; and to consist of the following churches, served by seven ministers: Portland, Brownsville, Bethany, Tualitin Plains, Corvallis, Salem, Pleasant Grove, Albany, Eagle Park, Kamia, Lapwai, Astoria, Clatsop and Lewiston ; said Presbytery to convene at Salem, Tuesday, October 17, 1876, at 7.30 p. m., in the First Presbyterian Church, and be opened with a sermon by Kev. Aaron L. Lindsley, D. D., or, in his absence, by the oldest minister present, who shall preside until a moderator be chosen. Second. The Presbytery of Puget Sound, to be reorganized under the same name, and entitled to the books, papers, and other immunities which belonged to the old Presbytery of Puget Sound, now in the care of Rev. George F. Whitworth ; this Presbytery to include all the Territory of Washington, and to consist of the following churches, served by nine ministers : Olympia, White River, Seattle, Port Townsencl, Puyallop Mis- sion, San Juan Islands, Steilacoom, Tumwater, Puyallop, Spokan Falls, and Snohomish City ; said Presbytery to convene at Olympia, in the First Presbyterian Church, on Tuesday, October 17, 1876, at 7.30 p. m., and to be opened with a sermon by the Rev. George F. Whitworth, or, in his absence, by the oldest minister present, who shall preside until a moderator be chosen. Third. The Presbytery of South Oregon, to be constituted and include all of the rest of the State of Oregon not heretofore described ; and to consist of the following churches, served by seven ministers: Eugene City, Empire City, Roseburgh, Jacksonville, Marshfield, Phoenix, and Ashland ; said Presbytery to convene Tuesday, October 17, 1876, at 7.30 p. m., in the First Presbyterian Church of Eugene City, and to be opened with a sermon by the Rev. M. Allen Williams, or, in his absence, by the oldest minister present, who shall preside until a moderator be chosen. The first meeting of the Synod of the Columbia shall be convened to meet Thursday, October 19, 1876, at 7.30 p. m., in the First Presbyterian Church of Portland, and be opened with a sermon by the Rev. Edward R. Geary, D. D., or, in his absence, by the oldest minister present. — Adopted 1876, p. 75. c. The Synod of Texas. Overture. — Being a request from the Synod of Kansas that the three Presbyteries of Austin, North Texas and Trinity, into which the Presby- tery of Austin has been divided, be organized as a Synod. The Com- mittee recommend that the request be granted ; that the new Synod be known as the Synod of Texas ; and that their first meeting be held in the First Presbyterian Church of Austin, on the second Thursday of October, 1878, at 7} o'clock p. m., and be opened with a sermon by the Rev. William G. Bell, or in his absence by the oldest minister present, who shall preside until a moderator be chosen. — Adopted 1878, p. 57. d. The Synod of Utah. The Standing Committee on the Polity of the Church presented Overtures, being overtures from the Presbytery of Denver and from the Synod of Colorado, asking for the division of the Synod of Colorado. Your Committee recommend that, as the proposed division seems to be OF THE SYNOD. 507 expedient for important geographical and other reasons, and is unani- mously agreed to by all the parties concerned, therefore, Resolved, That the request be granted, in form as desired, viz. : 1. Out of the Presbyteries of Denver, Pueblo and Santa Fe to con- struct a new Synod, to be called the Synod of Colorado, and to be the legal successor in all respects of the present Synod of Colorado. 2. Out of the Presbyteries of Utah, Montana and Wood Kiver (re- cently formed) to erect a new Synod, to be known as the Synod of Utah. 3. To authorize the new Synod of Colorado to meet on Wednesday, October 10, 1883, at 7.30 p.m., at Del Norte, Col., and to appoint the Rev. John W. Partridge to open the Synod with a sermon, and preside until it shall be formally organized by the election of officers. 4. To authorize the new Synod of Utah to meet at Salt Lake City, Utah, on Tuesday, August 22, 1883, at 7.30 p.m., and to appoint the Rev. Calvin M. Parks to open the Synod with a sermon, and preside until it shall be formally organized by the election of officers. 5. To transfer from the Synod of Columbia and the Presbytery of Idaho to the Synod of Utah and Presbytery of Wood River so much of the Territory of Idaho as lies east and south of the southern boundary of Idaho county, Idaho Territory. — Adopted 1883, p. 630. e. The Synod of Dakota. The Standing Committee on the Polity of the Church, reported Overture from the Synod of Minnesota, asking that certain of its Pres- byteries be set off and erected into a new Synod; also, on the same, sub- ject, from the Presbytery of Southern Dakota. The Committee recommends that these requests be complied with, and that the Synod of Dakota be hereby constituted, to include all that part of the Territory of Dakota lying south of the 46th parallel of north latitude, and to consist of the Presbyteries of Aberdeen, Central Dakota, Dakota (including all the ministers and churches among the Dakota In- dians) and Southern Dakota, now in connection with the Synod of Min- nesota ; and that the said Synod of Dakota convene at Huron, on Thurs- day, the ninth day of October next, at half-past seven o'clock p. m., and be opened with a sermon by the Rev. Walter S. Peterson, or, in case of his absence, by the senior minister present, who shall preside until a moderator be chosen. — Adopted 1884, pp. 74, 75. /. The Synod of North Dakota. Overtures and papers requesting the erection of a Synod of North Dakota, and showing the assent thereto of all the parties interested. W e therefore recommend that the request be granted by the adoption of the following : The Synod of North Dakota is hereby constituted, to consist of the Presbyteries of Pembina, Northern Pacific and Bismarck, as these Pres- byteries are bounded by the following constituting act of the Synod of Minnesota at its sessions in Rochester, Minn., October 11, 1884: 1st. All that part of Dakota Territory lying between Montana on the west, the provinces of Canada on the north, Red River on the ea^t, and the north line of Traill, Steel and Griggs counties, due west to Hie Mis- souri River, and thence along its course to the Montana boruer, to be known as the Presbytery of Pembina. 2d. All that part of the Territory south of this to the 46th parallel, west to the east line of Emmons, Burleigh and Sheridan counties (except 508 FORM OF GOVERNMENT. T. 139, K. 73, in Kidder county), to be known as the Northern Pacific Presbytery. 3d. All the remaining part of the Territory (including T. 139, K. 73, in Kidder county) to be formed into the Presbytery of Bismarck. The Synod of North Dakota, thus erected, shall meet at Fargo, Dak., on the second Thursday of October, 1885, at 7.30 o'clock p. m. ; and the Rev. Francis M. Wood, or, in his absence, the oldest minister present, shall preach the opening sermon, and preside until a moderator is chosen. —Adopted 1885, p. 605. 6. Mode in -which a Synod may become a Delegated Body. Should any Synod vote to become a delegated body, its decision shall be submitted to its Presbyteries, and shall take effect when ratified by a majority thereof. This result shall be ascertained at a subsequent meeting of the Synod ; or, if the Synod so provide, the result shall be certified to the moderator and clerks of the Synod, and by them be communicated to the several Presbyteries as a basis for electing delegates to the ensuing or second meeting. — 1882, p. 97. II. Any seven ministers, belonging to the Synod, who shall con- vene at the time and place of meeting, with as many elders as may be present, shall be a quorum to transact Synodical business ; provided not more than three of the said ministers belong to one Presbytery. [See Digest, ante, pp. 189-191.] 8. Chap, x., sec. x., Form of Gov't, does not Apply to Synods. The Committee appointed to examine the records of the Synod of Michigan reported, recommending their approval as far as written, with this exception — viz. the calling of a pro re nata meeting at Petersburg, September 4, 1873, for the purpose of changing the time of the regular meeting, in order that the Synod might not be in session during the meeting of the Evangelical Alliance in the city of New York. It appears from the record that the moderator issued a call for this special meeting of the Synod, basing his authority on the Form of Gov- ernment, chap, x., sec. x. Your Committee think that this section refers to Presbyteries, and not to Synods. The report was adopted 1874, p. 85. [In this case the Assembly is not to be understood as denying the con- stitutionality of the meeting pro re nata, but the relevancy of the authority quoted. The authority for calling a meeting pro re nata of Synods is to be found in Form of Government, chap, xix., sec. ii., last clause. — J/.] 9. A pro re nata Meeting to Approve the Minutes Sustained. The Committee on the minutes of the Synod of Cincinnati, inter alia, call the attention of the Assembly to two protests — one the minutes of the Synod against important action of that body ; the other the act of the moderator in convening a pro re nata meeting of the Synod to approve the minutes. Your Committee, after careful consideration, are of the opinion that both these actions should be approved. — Adopted 1878, p. 118. 10. Action of Synod, Changing the Place of Meeting, Legalized. Overture from the Synod of New York, asking the Assembly to ac- knowledge and authorize the regularity of a meeting of the Synod, which OF THE SYNOD. 509 was held at Peekskill in October, 1880, instead of at Newburyport, ac- cording to previous adjournment. Reasons beyond the control of the Synod made the change necessary, and the action of the Synod was unan- imously approved by its own members. The Committee recommend that the action of the Synod be hereby legalized. — Adopted 1882, p. 95 ; ante, p. 191. 11. How the Place of Meeting- may be Changed. Overture from the Presbytery of Lansing, asking the Assembly to provide a plan for the more convenient change of place for the meeting of a Synod when it proves to be impracticable for it to meet at the place to which it stands adjourned. The Committee recommends the following answer : Whenever, from any cause, it shall be necessary to change the place of the regularly appointed meeting of a Synod, its stated clerk shall, at the request of the stated clerks of at least three-fourths of its Presbyteries, be authorized to secure another place of meeting, and to issue his official call for the meeting of the Synod accordingly. — Adopted 1884, p. 78. IV. The Synod has power to receive and issue all appeals regularly brought up from the Presbyteries, provided, That in the trial of judicial cases the Synod shall have power to act by commission, in accordance w T ith the provisions on the subject of Judicial Commissions in the Book of Discipline ; to decide on all references made to them, its decision on appeals, complaints and references, which do not affect the doctrine on Constitution of the Church, being final ; to review the records of Presbyteries, and approve or censure them ; to redress whatever has been done by Presbyteries contrary to order ; to take effectual care that Presbyteries observe the Constitution of the Church ; to erect new Presbyteries, and unite or divide those which were before erected ; generally to take such order with respect to the Presbyteries, Sessions and people under their care as may be in conformity with the word of Gocl and the established rules, and which tend to promote the edification of the Church; and, finally, to propose to the General Assembly, for their adoption, such measures as may be of common advantage to the whole Church. [As amended 1880, p. 74; 1881, p. 524; 1884, p. 89; 1885, p. 637.— if.] 8. The Synod has Power to Direct a Presbytery to Issue a Certifi- cate of Dismission. No. 2 is an appeal of Mrs. Nannie J. Dull from the action of the Synod of Harrisbnrg. The facts, as set forth in this appeal, are these: The Ses- sion of the church of McVeytown, after being repeatedly directed by the Presbytery of Huntingdon to grant Mrs. Dull a certificate of dismission, still refused to do so; thereupon the Synod of Harrisburg ordered the Presbytery to issue to her a certificate of good and regular standing in the church of McVeytown. This order was complied with by the stated clerk of the Presbytery. This certificate Mrs. Dull returned to the stated clerk, and appeals from the action of the Synod, on the ground 510 FORM OF GOVERNMENT. " that such certificate not being, in her judgment, in accordance with the Discipline of our Church, must necessarily be considered not a valid docu- ment, and must arouse suspicion unless endorsed by the highest authority." Your Committee recommend the following action by the Assembly in this case : The Synod had the power to issue the order complained of, and the certificate so issued is a valid document. — Adopted 1875, p. 511. VI. It shall be the duty of the Synod to keep full and fair records of its proceedings, to submit them annually to the inspection of the General Assembly, and to report to the Assembly the number of its Presbyteries, and of the members and alterations of the Presbyteries. THE RECORDS MUST BE FULL AND FAIR. 12. Reasons for Judicial Action must be Recorded. a. The Committee appointed to examine the records of the Synod of Harrisburg reported, recommending their approval, with the exception of the judicial case on pp. 179 and 180, in which the Synod found the papers of a complaint in order, and dismissed the case without assigning a reason. — The report was adopted 1874, p. 85 ; ante, p. 194. b. The Committee on the records of the Synod of the Pacific reported, recommending their approval with the followiug exceptions : That a slight irregularity appears in the proceedings had in the case of the complaint of Rev. Frederic E. Shearer, and others, against the action of the Presbytery of San Francisco, in dropping from the roll the name of Rev. John D. Strong. From p. 532 it appears that the Synod refused to sustain the complaint, without recording any reason for its action. This exception corresponds with the action of the Assembly on Paper No. VIII. of the report of the Judicial Committee. — The report was adopted 1881, p. 573 ; ante, p. 194. c. The Committee on the records of the Synod of the Columbia reported, recommending their approval, with the following exception, to wit: That in the case of an appeal of Rev. Isaac H. Condit in re Presbytery of Oregon vs. Rev. Harlan P. Peck, it appears that the Synod, after hear- ing the case and taking its final vote, on notice of an appeal against the findings of the Synod decided to postpone further action in the case until after hearing the decision of the Assembly, and that " no formal minute of the action of the Synod was entered upon its records, and no reasons for its action given." (See Rep. Judicial Com., Paper No. XL) — The report was adopted 1881, p. 593; ante, p. 194. [Rule modified by Revised Book of Discipline, sec. xcix. (5) — M.~\ 13. The Subject-matter of a Complaint, and the Disposal Made of It, must be Recorded. a. The Committee on the records of the Synod of Illinois Central recommended their approval, as far as written, with the following excep- tions : 1. That notice appears, on p. 241, of a complaint made by Rev. Arthur Rose against the Presbytery of Peoria, which was taken up by the Synod, considered and voted upon, and reasons for the vote were given, while the subject-matter of the said complaint is not recorded. This defect disables this Assembly from deciding as to the validity of the reasons given for the vote of the Synod in this case. 2. It does not appear from their records whether the Synod took farther OF THE SYNOD. 511 action upon said complaint than to vote upon it, and give reasons for that vote ; thereby leaving this Assembly in doubt whether the Presbytery complained of was censured, or whether the matter of the complaint was referred back to them for readjudication, or whether the Synod dropped it entirely.— Adopted 1878, p. 60; ante, p. 194; also 1883, p. 688. b. The records of the Synod of Baltimore were approved, with the exception that on pp. 327 and 348 the Synod records the issuing of " Judi- cial Cases " " No. 1 " and " No. 2," but in neither case is the subject-mat- ter of the complaint recorded, and the Assembly is left without the means of knowing what was decided. This is not " a full and fair record of its proceedings," as required by the Form of Government, chap, xi., sec. vi. (See Digest (Moore's), p. 194, 1, c and g; also Minutes of the General Assembly, 1878, p. 60.) Inasmuch as the Synod is now, in most cases, the final appellate judica- tory, it is essential to the right discharge of the duty of review and con- trol by the Assembly that an intelligible statement be made by the Synods of every case judicially decided by them. — 1885, p. 661. e. The records of the Synod of Nebraska were approved, with the fol- lowing exceptions : 1. The mistake in the date of the year, beginning on p. 22, and running to the end of the minutes ; which mistake the stated clerk of said Synod is hereby directed to correct. 2. The record in the judicial proceedings in the case of Rev. W. R. Smith, appellant, against the Presbytery of Hastings (p. 35) ; which record is defective in the following particulars, viz. : (1) There is nothing in the record to show the grounds of appeal. (2) The record does not show that both of the original parties were heard on the question of sustaining the appeal, and that the roll of the Synod was called to give members an opportunity to express their opinion upon the case. 3. There is no record whatever of any vote upon the question of sus- taining the appeal ; and the words, " Synod resolved to entertain the appeal," are wholly inappropriate and insufficient to express the final decision of the Synod upon that question. Your Committee recommend that the said Synod be directed to correct these defects, so that the record shall conform to the actual facts in the case.— Adopted 1885, p. 662. 14. A Special Record must be Sent up of all Judicial Decisions. In view of the importance of the judicial decisions made by Synods and Synodical commissions, the Synods are enjoined to send up to the Assembly, in special communications, all records of such decisions. — 1885, p. 662. 15. The Records must be Attested. a. The records of the Synod of Erie approved, except that they lack attestation by the signature of either the stated or permanent .clerk. — 1882, p. 94 ; ante, p. 198. b. The Committee on the minutes of the Synod of Baltimore reported as follows : That they have not been able to do any work, for the reason that no certified copy of said minutes has been present at the Assembly. The report was accepted, and the Synod of Baltimore was directed to send a certified copy of its minutes to' the next Assembly. — 1884, p. 116. 512 FORM OF GOVERNMENT. 16. The Records should be Fair: Corrections may not be Made after their Review by the Assembly. The Committee on the records of the Synod of Atlantic presented the following report, which was adopted : The Committee respectfully report to the General Assembly : That the Kecord-Book of the Synod of Atlantic placed in their hands has been found to contain eight and one-half pages of printed matter which professedly set forth the transactions of this Synod during a session held in December, 1877 ; at the end of which printed matter a name ap- pears as that of the stated clerk, as "Attest," but in print only. No written account of the proceedings or of any part of them is found. In the judgment of your Committee, therefore, the record required by our Form of Government (see chap, xi., sec. vi.) has not been sent up for review by the Assembly ; what appears to be a copy of their transactions has been placed in the Record-Book. Your Committee could not feel justified if they should recommend the approval of this copy, although on learning from other sources that the printed matter is a copy, they have not questioned its correctness, and have examined carefully what has been sent up in this form. If the transactions of this session of the Synod of Atlantic had been found recorded, your Committee would have recommended their approval with the following important exception : on p. 98 of the Record-Book appears the statement that the minutes, approved by the Assembly of 1876, were, after that endorsement, corrected by the Synod themselves at this session of 1877. Nor are the corrections specified or indicated. Under a sense of the great importance of accuracy in the records of our church judicatories, and of their preservation in written form intact after their examination and endorsement by the Assembly, your Com- mittee, while commending the excellent spirit of devotion and labor apparent in the matter offered for review by this Synod as regards their efforts for the Church and for the elevation of their race, respectfully re- commend to the Assembly the adoption of the following resolutions : 1. That the Synod of Atlantic be and hereby are directed to record the minutes of the session of December, 1877, and submit the record to the next General Assembly. 2. That this Synod report to the next Assembly the corrections appear- ing to have been made to their minutes after their review by the pre- vious Assembly of 1877.— 1878, p. 52 ; ante, p. 196, 2, a. 17. Records should be Kept in Handwriting. The records of the Synod of Iowa were presented in a printed form, and were approved, but the Synod was advised hereafter to keep the same in handwriting. — 1883, p. 688. 18. Permission to Present Printed Records: Conditions Prescribed. Overtures from the Synod of Iowa, requesting permission to keep its records hereafter in printed instead of written form ; and from the stated clerks of several of the Synods, presenting a similar request, and asking that some uniform plan be adopted for the guidance of the Synods in this matter. The Committee recommends that any Synod, which shall so elect, be authorized to keep its minutes in printed form, and to dispense with written records; provided (1) That such printed minutes be complete and accurate in all details. OF THE SYNOD. 513 (2) That they be uniform as to size of page with the minutes of the Assembly. (3) That the copy submitted by each Synod to the Assembly for review be attested by the certificate of the stated clerk of the Synod in writing ; and that blank pages be left at the end for recording any exceptions that may be taken. (4) That at least two additional copies of each and every issue be trans- mitted to the stated clerk of the Assembly, and two deposited in the Li- brary of the Presbyterian Historical Society. — Adopted 1884, p. 75. 19. Absentees must be Recorded. The records of the Synod of Missouri approved, except that there is no record of absentees from the last meeting of the Synod. (See Moore's Digest, p. 199.)— 1882, p. 94. 20. The Record must State the Character of a Complaint, and whether Due Notice was given : Papers Adopted must be Re- corded. a. The records of the Synod of the Columbia were approved, with the following exceptions : 1. There is no evidence on pp. 216, 218, 221, 224, 243, 264 and 265 that the several sessions were closed with prayer ; and on pp. 224 and 265 that they were opened with prayer. 2. That a complaint was received and issued against the Presbytery of Oregon in the usual form, without statement in regard to the character of said complaint. 3. That the records do not show whether notice of said complaint was given to the Presbytery of Oregon, either before its rising or within ten days thereafter. 4. That a report was recommitted to the Committee of Bills and Over- tures, and no record is made of its further disposition (p. 261). 5. That the report of the Committee on Home Missions, Indian Affairs, and Church Erection, with recommendations, was adopted, and no record is made of the recommendations, or even upon which, if any, of the three different parts the report was made. — 1883, p. 688 ; ante, p. 195. b. Papers Adopted mast be Recorded. The minutes of the Synod of Minnesota were aj)proved, with the fol- lowing exception : In several instances the written minutes merely state that reports are made, which reports were received and adopted, while the minutes show that such reports contained important recommendations or resolu- tions.— 1884, p. 116. e. Where a Report is Recorded, Record must be Made of the Action taken. The records of the Synod of Missouri were approved, with this excep- tion, to wit : The report of the Standing Committee on Schools and Colleges is entered in full upon the records, pp. 333 to 335, but no action of the Synod with respect to this report is recorded. — 1883, p. 688. 21. The Record must be Fair, and without Abbreviations. The records of the Synod of Texas were approved, with this exception, to wit : 65 514 FORM OF GOVERNMENT. There are too many abbreviations used in the record of proceedings. — 1883, p. 688. 22. The Minutes should be Read and Approved before Adjourn- ment. a. Exception (to the records of the Synod of Cincinnati) in not ap- proving the minutes of the last day of the meeting of the Synod, held at Cincinnati, Feb. 14, 1878, before their adjournment. — 1878, p. 118 : ante. p. 198. b. Exception to the records of the Synod of Minnesota: Synod ad- journed without the reading and approval of the minutes of the last day of the session. — 1884, p. 116. CHAPTEK XII. OF THE GENERAL ASSEMBLY. I. The General Assembly is the highest judicatory of the Presby- terian Church. It shall represent, in one body, all the particular churches of this denomination ; and shall bear the title of The Gen- eral Assembly of the Presbyterian Church in the United States of America. [See ante, pp. 200-211.] 11. Organization of the Assembly. a. The Rule of 1871 Amended. The Committee recommend that Rule II. of the General Rules for Judicatories be amended by inserting the words " being a commissioner," after the words " the last moderator present," so that it shall read : " If a quorum be assembled at the hour appointed, and the moderator be absent, the last moderator present, being a commissioner, or, if there be none, the senior member present, shall be requested to take his place without delay, until a new election." — Adopted 1880, p. 45; ante, p. 201. b. Standing Orders. 1. The General Assembly meets invariably on the third Thursday of May, annually, at 11 o'clock a. m. 2. The credentials of Commissioners and Delegates are to be presented at a previous hour of the same day, or of the preceding day, according to public notice, to the stated and permanent clerks, acting as a Permanent Committee on Commissions. 3. The Lord's Supper is to be celebrated by the Assembly on the even- ing of Thursday, the first day of its sessions. 4. The evenings of the days of session are assigned to popular meetings in the following order : The evening of Friday, the second day, to the Sabbath-school interests of the Church. The evening of Monday, the fourth day, to Missions among the Freed- men. The evening of Tuesday, the fifth day, to the Home-Mission Work. OF THE GENERAL ASSEMBLY. 515 The evening of Wednesday, the sixth day, to the Foreign-Mission Work. The evening of Friday, the eighth day, to the cause of Temperance. 5. The reports of the standing committees shall be considered at the times herein designated, viz. : Ministerial Belief, Saturday, at 10 o'clock A. m. Freedmen, Monday, at 10 o'clock A. m. Home Missions, Tuesday, at 10 o'clock A. m. Aid for Colleges and Academies, Tuesday, at 3 o'clock p. m. Foreign Missions, Wednesday, at 10 o'clock A. M. Publication, Wednesday, at 3 o'clock p. m. Education, second Thursday, at 10 o'clock a. m. Church Erection, second Thursday, at 3 o'clock p. M. Benevolence, second Friday, at 11 o'clock a. m. Temperance, second Friday, at 3 o'clock p. M. 6. That the Standing Committees on Home Missions and Foreign Mis- sions have each two and a half hours ; and those on Education, Publica- tion, Church Erection, Ministerial Relief, Freedmen, Temperance and Aid for Colleges, have each one and a half hours. That the secretaries and the chairmen of the standing and special committees be requested to make their statements within the limits of half an hour. 7. The stated clerk shall receive all memorials, overtures and other papers addressed to the General Assembly, shall make record of the same, and then deliver them for distribution or reference to the Standing Com- mittee on Bills and Overtures. 8. All special committees appointed by one General Assembly to report to the next Assembly, shall be ready to present their reports on the second day of the session. — 1885, p. 841. 12, General Rules for Judicatories. As amended : Rule ii., 1880, p. 45 ; Rules vii., xi., xx., xxvi., xxviii., xxix. and xliii., 1885, p. 590. (See also Digest of 1873, pp. 205-208.) I. The moderator shall take the chair precisely at the hour to which the judicatory stands adjourned, and shall immediately call the members to or- der, and on the appearance of a quorum shall open the session with prayer. II. If a quorum be assembled at the hour appointed, and the moderator be absent, the last moderator present, being a commissioner, or, if there be none, the senior member present, shall be requested to take his place without delay, until a new election. III. If a quorum be not assembled at the hour appointed, any two members shall be competent to adjourn from time to time, that an oppor- tunity may be given for a quorum to assemble. IV. It shall be the duty of the moderator, at all times, to preserve order, and to endeavor to conduct all business before the judicatory to a speedy and proper result. V. It shall be the duty of the moderator carefully to keep notes of the several articles of business which may be assigned for particular days, and to call them up at the time appointed. VI. The moderator may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide questions of order subject to an appeal to the judicatory by any two members. VII. The moderator shall appoint all committees, except in those cases in which the judicatory shall decide otherwise. In appointing the stand- ing committees, the moderator may appoint a vice-moderator, who may occupy the chair at his request, and otherwise assist him in the discharge of his duties. 516 FORM OF GOVERNMENT. VIII. When a vote is taken by ballot in any judicatory, the moderator shall vote with the other members ; but he shall not vote in any other case, unless the judicatory be equally divided ; when, if he do not choose to vote, the question, shall be lost. IX. The person first named on any committee shall be considered as the chairman thereof, whose duty it shall be to convene the committee ; and in case of his absence or inability to act, the second named member shall take his place and perform his duties. X. It shall be the duty of the clerk, as soon as possible after the com- mencement of the sessions of every judicatory, to form a complete roll of the members present, and put the same into the hands of the moderator. And it shall also be the duty of the clerk, whenever any additional mem- bers take their seats, to add their names, in their proper places, to the said roll. XI. It shall be the duty of the clerk immediately to file all papers, in the order in which they have been read, with proper endorsements, and to keep them in perfect order. The stated clerk shall receive all over- tures, memorials and miscellaneous papers addressed to the judicatory ; shall make record of the same and deliver them to the Committee on Bills and Overtures for appropriate disposition or reference. This Committee shall have the floor on the reassembling of the judicatory after each adjournment, to report its recommendations as to orders of business or reference of papers, and this right of the committee«shall take precedence of the orders of the day. XII. The minutes of the last meeting of the judicatory shall be pre- sented at the commencement of its sessions, and, if requisite, read and corrected. XIII. Business left unfinished at the last sitting is ordinarily to be taken up first. XIV. A motion made must be seconded, and afterward repeated by the moderator, or read aloud, before it is debated ; and every motion shall be reduced to writing, if the moderator or any member require it. XV. Any member who shall have made a motion shall have liberty to withdraw it, with the consent of his second, before any debate has taken place thereon ; but not afterward, without the leave of the judicatory. XVI. If a motion under debate contain several parts, any two mem- bers may have it divided, and a question taken on each part. XVII. When various motions are made with respect to the filling of blanks, with particular numbers or times, the question shall always be first taken on the highest numbers and the longest time. XVIII. Motions to lay on the table, to take up business, to adjourn, and the call for the previous question, shall be' put without debate. On questions of order, postponement or commitment, no member shall speak more than once. On all other questions, each member may speak twice, but not oftener, without express leave of the judicatory. XIX. When a question is under debate, no motion shall be received, unless to adjourn, to lay on the table, to postpone indefinitely, to postpone to a day certain, to commit or to amend, which several motions shall have precedence in the order in which they are herein arranged ; and the mo- tion for adjournment shall be always in order. XX. An amendment, and also an amendment to an amendment, may be moved on any motion, but a motion to amend an amendment to an amendment, shall not be in order. Action on amendments shall precede ac- tion on the original motion. A substitute shall be treated as an amendment. XXI. A distinction shall be observed between a motion to lay on the OF THE GENEKAL ASSEMBLY. 517 table for the present, and a motion to lay on the table unconditionally, viz. : A motion to lay on the table for the present shall be taken without debate ; and if carried in the affirmative, the effect shall be to place the subject on the docket, and it may be taken up and considered at any subsequent time. But a motion to lay on the table, unconditionally, shall be taken without debate ; and if carried in the affirmative, it shall not be in order to take up the subject during the same meeting of the judicatory, without a vote of reconsideration. XXII. The previous question shall be put in this form, namely, Shall the main question be now put ? It shall only be admitted when demanded by a majority of the members present ; and the effect shall be to put an end to all debate, and bring the body to a direct vote : First, on a motion to commit the subject under consideration (if such motion shall have been made) ; Secondly, if the motion for commitment does not prevail, on pend- ing amendments ; and lastly, on the main question. XXIII. A question shall not be again called up or reconsidered at the same sessions of the judicatory at which it has been decided, unless by the consent of two-thirds of the members who were present at the decision, and unless the motion to reconsider be made and seconded by persons who voted with the majority. XXIV. A subject which has been indefinitely postponed, either by the operation of the previous question or by a motion for indefinite postpone- ment, shall not be again called up during the same sessions of the judica- tory, unless by the consent of three-fourths of the members who were present at the decision. XXV. Members ought not, without weighty reasons, to decline voting, as this practice might leave the decision of very interesting questions to a small proportion of the judicatory. Silent members, unless excused from voting, must be considered as acquiescing with the majority. XXVI. When the moderator has commenced taking the vote, no further debate or remark shall be admitted, unless there has evidently been a mistake, in which case the mistake shall be rectified, and the moderator shall recommence taking the vote. If the house shall pass the motion to " vote on a given subject at a time named," speeches shall thereafter be limited to ten minutes. When the time named shall arrive no further discussion shall be allowed either as explanation or argument, but the moderator shall proceed to put to vote in their proper order all pending propositions, and also all those of which notice has been given during the discussion. Should the hour for adjournment or recess arrive during the voting, it shall be postponed to finish the vote, unless the majority shall vote to adjourn ; in which case the voting shall on the reassembling of the house take precedence of all other business till it is finished. Under this rule "the yeas and nays" shall not be called except on the final motion to adopt as a whole. This motion to fix a time for voting shall be put without debate. XXVII. The yeas and nays on any question shall not be recorded, unless required by one-third of the members present. XXVIII. No member, in the course of debate, shall be allowed to indulge in personal reflections. If division is called for on any vote, it shall be by a rising vote without a count. If on such a rising vote the moderator is unable to decide, or a quorum rise to second a call for " tellers," then the vote shall be taken by rising, and the count made by tellers, who shall pass through the aisles and report to the moderator the number voting on each side. XXIX. If more than one member rise to speak at the same time, the 518 FORM OF GOVERNMENT. member who is most distant from the moderator's chair shall speak first. In the discussion of all matters where the sentiment of the house is divided, it is proper that the floor should be occupied alternately by those representing the different sides of the question. XXX. When more than three members of the judicatory shall be standing at the same time, the moderator shall require all to take their seats, the person only excepted who may be speaking. XXXI. Every member, when speaking, shall address himself to the moderator, and shall treat his fellow-members, and especially the mode- rator, with decorum and respect. XXXII. No speaker shall be interrupted, unless he be out of order, or for the purpose of correcting mistakes or misrepresentations. XXXIII. Without express permission, no member of a judicatory, while business is going on, shall engage in private conversation, nor shall members address one another, nor any person present, but through the moderator. XXXIV. It is indispensable that members of ecclesiastical judicatories maintain great gravity and dignity while judicially convened ; that they attend closely in their speeches to the subject under consideration, and avoid prolix and desultory harangues ; and when they deviate from the subject, it is the privilege of any member, and the duty of the moderator, to call them to order. XXXV. If any member act, in any respect, in a disorderly manner, it shall be the privilege of any member, and the duty of the moderator, to call him to order. XXXVI. If any member consider himself aggrieved by a decision of the moderator, it shall be his privilege to appeal to the judicatory, and the question on the appeal shall be taken without debate. XXXVII. No member shall retire from any judicatory without the leave of the moderator, nor withdraw from it to return home without the consent of the judicatory. XXXVIII. All judicatories have a right to sit in private on business which in their judgment ought not to be matter of public speculation. XXXIX. Besides the right to sit judicially in private whenever they think proper to do so, all judicatories have a right to hold what are com- monly called "interlocutory meetings," in which members may freely con- verse together, without the formalities which are usually necessary in judicial proceedings. XL. Whenever a judicatory is about to sit in a judicial capacity, it shall be the duty of the moderator solemnly to announce from the chair that the body is about to pass to the consideration of the business assigned for trial, and to enjoin on the members to recollect and regard their high character as judges of a court of Jesus Christ, and the solemn duty in which they are about to act. XLI. In all cases before a judicatory, where there is an accuser or prosecutor, it is expedient that there be a committee of the judicatory appointed (provided the number of members be sufficient to admit it without inconvenience), who shall be called the "Judicial Committee," and whose duty it shall be to digest and arrange all the papers, and to prescribe, under the direction of the judicatory, the whole order of pro- ceedings. The members of this committee shall be entitled, notwithstand- ing their performance of this duty, to sit and vote in the cause, as mem- bers of the judicatory. XLII. But in case of process on the ground of general rumor, where there is, of course, no particular accuser, there may be a committee OF THE GENERAL ASSEMBLY. 519 appointed (if convenient), who shall be called the " Committee of Prose- cution, 1 ' and who shall conduct the whole course on the part of the prose- cution. The members of this committee shall not be permitted to sit in judgment in this case. XLIII. The permanent officers of a judicatory shall have the rights of corresponding members in matters touching their several offices. XLIV. The moderator of every judicatory above the church Session, in finally closing its sessions, in addition to prayer, may cause to be sung an appropriate psalm or hymn, and shall pronounce the apostolical bene- diction. 13. The Officers of the Assembly. a. The Stated Clerk : his Salary. [See Digest, pp. 208-210.] • The salary of the stated clerk was increased from four hundred to six hundred dollars. — 1879, p. 559. b. Treasurer of the Assembly. [Prior to the reunion the treasurer of the trustees acted as treasurer of the Assembly in the Old School branch. The New School Assembly had a treasurer of its own from 1839. In 1871 the duties of the treasurer of the General Assembly were laid upon the stated clerk. In 1884, after the death of Dr. Hatfield, who had filled the offices of stated clerk and treasurer, the Assembly elected the Kev. Hugh W. Torrence treasurer, but subsequently — M^\ : The Standing Committee on Finance reported as follows : Resolved, That the office of treasurer of the General Assembly, as a separate office, be discontinued, and the duties thereof imposed upon the stated clerk, who shall receive therefor the additional sum of one hundred dollars per annum, and who shall give bonds in the sum of five thousand dollars, to be signed by himself and two sureties to be approved by the Board of Trustees of the General Assembly. — Adopted 1884, p. 33 ; ante, p. 209. c. Arrangements for Transportation of Commissioners placed Permanently in the Hands of the Stated Clerk : Compensation. We recommend that the matter of railroad arrangements for the trans- portation of commissioners be placed permanently in the hands of the stated clerk, and that he be paid the sum of three hundred dollars annu- ally as compensation for these additional services. — Adopted 1885, p. 687. d. The Temporary Clerks Nominated by the Stated and Permanent Clerks. The following standing rule was adopted : That the stated and perma- nent clerks shall have the privilege of nominating their own assistant clerks.— 1875, p. 533. 14. The Committee of Bills and Overtures, Duties of. [See Digest, p. 213.] The Standing Committee of Bills and Overtures presented a final report, which was adopted, and is as follows : The Committee deem it a duty to call the attention of this Assembly to the action of our Church concerning the powers and duties of the Com- mittee of Bills and Overtures. In 1710 the Presbytery (there being at that time no higher court) appointed " Mr. Henry, Mr. Anderson and Mr. Wade a committee to pre- 520 FORM OF GOVERNMENT. pare and bring in overtures to the Presbytery, and also to take cognizance of whatever may be laid before them to prepare it for the Presbytery." — 1710, p. 17; Digest, p. 213. In 1769 the Synod, in answer to the question concerning the duties and powers of the Committee of Overtures proposed last year, said : " That Committee is intended to introduce business into the Synod in an orderly manner, that they may give advice concerning either the matter or man- ner of overtures brought to them, but have not power to suppress anything that comes regularly before them from inferior judicatures according to our known rules, or such overtures and petitions as inferior judicatures or particular persons desire to have laid before this Synod." — 1769, p. 393; Digest, p. 213. The General Assembly of 1789 declared : " The General Assembly, at every meeting, shall appoint a Committee of Bills and Overtures to pre- pare and digest business for the Assembly." — 1789, p. 8 ; Digest, p. 213. The Assembly of 1822 enacted as follows : "Petitions, questions relating to doctrine, or order, and usually all new propositions tending to general laws, should be laid before the Committee of Bills and Overtures before they be offered to the Assembly." — 1822, p. 42 ; Digest, p. 213. The report of the Joint Committee on Reconstruction adopted by the General Assembly of 1870, said : " It is recommended that the Assembly order that hereafter bills and overtures come up only from Synods or Presbyteries ; yet, that this may not prevent any Committee of Bills and Overtures from bringing before the House, of its own motion, upon a two- thirds vote of the Committee, any matter which they may deem of sufficient importance to engage the attention of the Assembly." — 1870, p. 90 ; Digest, p. 547. In view of these deliverances, which, so far as we can find, have nevei been changed, it seems to be plain that the Committee of Bills and Over- tures is the proper business committee of the Assembly, and that it belongs to this Committee to receive and to consider all bills, overtures, petitions, etc. before they are laid before the Assembly, and to recommend the proper disposition or reference of the same. That the action herein described has been the historic practice of the Assembly up to a comparatively recent date is, we believe, undisputed. More recently, however, it has become customary for the stated clerk to receive and consider such documents as are to be laid before the Assembly, and to recommend the proper reference and disposition of them. Your Committee believe this practice to be an error, and for these reasons : 1. It is a departure from the established order and the historic practice of the Church. 2. It practically concentrates, to a large extent, the powers and duties of the Committee of Bills and Overtures in a single person, the stated clerk, who usually is not a member of the Assembly. 3. It partly defeats the object for which the Committee of Bills and Overtures was appointed — viz. " To prepare and digest business for the Assembly." And it is manifestly impossible for any one person to give to the documents which come before the Assembly such consideration as they deserve. The Committee therefore recommend " that Standing Order No. 6 be changed so as to read : Rule 6. The stated clerk shall receive all memo- rials, overtures and other papers addressed to the General Assembly, shall make record of the same, and shall then deliver them to the Standing Committee of Bills and Overtures." — Adopted 1884, pp. 106, 1.07. OF THE GENERAL ASSEMBLY. 521 II. The General Assembly shall consist of an equal delegation of bishops and elders from each Presbytery in the following proportion, viz. : each Presbytery consisting of not more than twenty-four minis- ters shall send one minister and one elder, and each Presbytery con- sisting of more than twenty-four ministers shall send one minister and one elder for each additional twenty-four ministers, or for each addi- tional fractional number of ministers not less than twelve, and these del- egates so appointed shall be styled Commissioners to the General Assem- bly.— As amended, 1884, p. 103.— Adopted 1885, pp. 629, 630. IY. The General Assembly shall receive and issue all appeals, com- plaints and references that affect the doctrine or Constitution of the Church, which may be regularly brought before them from the inferior judicatories; provided, that in the trial of judicial cases the General Assembly shall have power to act by commission, in accordance with the provisions on the subject of Judicial Commissions in the Book of Discipline. They shall review the records of every Synod, and approve or censure them; they shall give their advice and instruction in all cases submitted to them in conformity with the Constitution of the Church ; and they shall constitute the bond of union, peace, corre- spondence and mutual confidence among all our churches. [As amended, 1880, p. 74, and 1881, p. 523 ; 1884, p. 89, and 1885, p. 637. See Digest, pp. 217, 218 ; and Book of Discipline, chap, ix., sees, lxx.-cii. — if.] e. The Assembly will not Ordinarily Answer Questions in Thesi. An overture from the Presbytery of Geneva, asking a deliverance of the Assembly interpreting the action of 1825 (Moore's Digest, p. 626), of 1853 (p. 626), of 1856 (p. 627), of 1865 (p. 627), of 1872 (p. 628). Answer. — That it is inexpedient to answer in thesi questions which the Assembly may be called to answer judicially (Mm. 1822, p. 50 ; 1856, p. 213 ; l§m, p. 47 ; 1870, p. 28 ; 1872, p. 73 ; Moore's Digest, pp. 217, 218) ; especially as the subject is under consideration by the Revision Committee. —Adopted 1881, p. 586 ; also p. 589. 2. Committees on Sy nodical Records. The Committees on Synodical Records shall consist each of five mem- bers.— 1880, p. 82. V. To the General Assembly also belongs the power of deciding in all controversies respecting doctrine and discipline; of reproving, warning or bearing testimony against error in doctrine or immorality in practice in any church, Presbytery or Synod ; of erecting new Synods when it may be judged necessary; of superintending the con- cerns of the whole Church; of corresponding with foreign churches on such terms as may be agreed upon by the Assembly and the cor- responding body ; of suppressing schismatical contentions and disputa- 66 522 FORM OF GOVERNMENT. tions ; and, in general, of recommending and attempting reformation of manners, and the promotion of charity, truth and holiness through all the churches under their care. [See Digest, pp. 218-325 ; and Book of Discipline, sec. iii.] 18. The Right to Petition and to Memorialize the Assembly Affirmed. a. We, the undersigned, members of Assembly, respectfully enter our protest against the action of the General Assembly in postponing indefi- nitely the resolution offered by Dr. Neill, in favor of the right of petition by our Presbyteries and Synods ; because — 1st. No opportunity was offered to any member to express his views on the subject previously to the vote ; thus the Assembly was hurried into a decision, without opportunity to consider the great injuries done by thus virtually denying this sacred right. 2d. Because the spirit of our free Form of Government is thus violated, inasmuch as it secures to the lower judicatories the right of being heard on all moral and religious subjects, when they present their views in a regular and constitutional manner. To this the Assembly reply : The protest imputes to this Assembly a principle which it never adopted — viz. the denial of the right of petition. The true reason of the indefinite postponement of Dr. Neill's paper was, that as no one doubted the right of petition, a further consideration of the subject would consume time by useless debate and legislation. The Committee regard this statement as a sufficient answer to the protest in question. — 1841, p. 449, O. S. b. The committee to whom was referred the protest of W. Bushnell and others in relation to the action of the Assembly on certain petitions respect- ing the abolition of slavery, reported, recommending the adoption of the following minute: The General Assembly, recognizing the right of inferior judicatories, and private members, upon their own responsibility, to memorialize this body on any subject which they may regard as connected with the inte- rests of the Church, and finding no fault with the language of the protest, admit it to record without further notice. — 1844, p. 376, O. S. 19. One who does not Submit is Debarred the Right. The Committee to which was referred the petition of Mr. Bourne reported, and their report, being read, was accepted. Whereupon it was resolved, that as it appears to be a fact that Mr. Bourne has not submitted to the judgment of the Assembly in affirming a decision by which he was deposed from the gospel ministry, he be permitted to withdraw his peti- tion.— 1823, p. 93. 20. The Rule as Adopted at the Reunion; Bills, Overtures, etc. Received only from Presbyteries and Synods. The report of the Joint Committee on Reconstruction recommended the following, which was adopted : As much time is consumed and the attention of the Assembly distracted with overtures and questions of minor importance coming up from various quarters, impeding the transaction of business of more general interest, it is recommended that the Assembly order that, hereafter, bills and over- tures come up only from Synods or Presbyteries ; yet, that this may not prevent any Committee of Bills and Overtures from bringing before the house, of its own motion, upon a two-thirds vote of the committee, any OF THE GENERAL ASSEMBLY. 523 matter which they may deem of sufficient importance to engage the atten- tion of the General Assembly. — 1870, p. 90. [Since the adoption of this rule cases are recorded, viz. :] 21. Memorial from an Individual Received. a. A memorial from David M. Wilson, of the Presbytery of Kingston, Synod of Tennessee, praying this General Assembly to give an authorita- tive deliverance in reference to the right of a Synod to organize a colored Presbytery on territory included in Presbyteries already existing. The Committee on Polity recommend that this request be granted, and that the authoritative deliverance be made according to the definition of a Presbytery in chap, x., sec. ii., of our Form of Government. — Adopted 1873, p.' 525. b. From the Rev. Luther Dodd, a member of the Presbytery of Fort Dodge (received and answered). — 1879, p. 613. c. From a member of the Presbytery of Iowa City, asking, etc. (received and answered ; see below, chap, xiii., sec. iv.). — 1880, p. 46. d. From parties unknown to your Committee (received and answered). —1880, p. 46. e. An overture " from the venerable patriarch, the Rev. Samuel C. Jen- nings, asking the Assembly to urge the importance of practical work in the cause of Temperance " (answered by referring to former testimonies : Diged, pp. 483-492).— 1881, p. 550. 22. Memorials, Overtures, etc. have been Received from — a. The Broadway Presbyterian Church, Rock Island (answered). — 1878, p. 71. b. From the Session of the First Church, Dayton, Ohio (answered). — 1882, pp. 98-99. [See below, Form of Goyt., chap, xiii., sec. iv.] c. From the Presbyterian Annuity and Life Insurance Co. — 1876, p. 44 and pp. 72, 73 ; 1881, p. 550. d. Overture. — A request from the Woman's Presbyterial Missionary Society of the Presbytery of Alton, that the Assembly define the boun- dary-lines between the Woman's Board of the North-west and .the Woman's Board of the South-west, with the view of preventing confusion and embarrassment in the operations of said societies. The Committee recommend that no action be taken. — Adopted 1878, p. 69. 23. The Rule of 1870 Affirmed and Enforced. a. From the Rev. Joseph Mathers, pastor of the church of Logan's Valley, Pa., asking advice regarding the church relations of persons who felt aggrieved by a certain disposition of church property. While your Committee recognize the rule that might have debarred this overture, they recommend the Assembly to direct the parties to make their complaints to their Presbytery or Synod. — Adopted 1882, p. 97. b. Overture on the subject of communion wine, signed by Rev. Henry K. Hennigh. The Committee are of opinion that an oyerture coming from a private individual, instead of from a lower church judicatory, should not be regarded as properly before the Assembly. This was so held by the Assembly of 1870 (see Diged, p. 547). But if this point could be considered doubtful, the deliverance of the Assembly of 1881 fully coyers the subject of this oyerture, and a refer- ence thereto is a sufficient answer. We therefore recommend that no further answer be given. — Adopted 1882, p. 57 ; 1885, p. §Sb. 524 FORM OF GOVERNMENT. [See ante, Form of Government, chap, ix., sec. vi.] c. Overture. — A memorial from the Rev. Jonathan Edwards, D. D., LL.D., and Rev. Raymond H. Leonard, in relation to the use of the New Version of the New Testament by the Board of Publication in its Sabbath-school helps. This memorial is aifected by the same rule referred to in answer to No. 10. It comes up to the Assembly through none of the lower judicatories of the Church. But if the right of the memorialists to be heard is considered, the Committee are not aware of any action of the Board relating to the New Version, or of any use made of the same in its Sabbath-school helps, except as an aid to a proper understanding of the text of the Standard Version. No action, therefore, seems to be needed.— 1882, p. 58. d. Overture from the pastor and the president of the board of trus- tees of the West Union Church, Presbytery of Washington, West Va., asking that chap, xv., sec. iv., of our Form of Government be thus inter- preted : " The congregation have the right, when assembled for the trans- action of secular business or the election of a pastor, to decline receiving the votes of such church-members as may either refuse to support the church or as may refuse to contribute, according to the rules of that con- gregation, to all its necessary expenses." Your Committee would respectfully answer this overture by referring to the rule of the General Assembly on p. 547, Moore's Digest, which debars the reception of overtures except such as are presented through a Synod or Presbytery. — Adopted 1883, p. 627. e. Overture from the Rev. John Pym Carter, with reference to a con- stitutional amendment which shall empower the Presbyteries to take, in the election, ordination and installation of ruling elders, the same over- sight as in the case of pastors. The Committee recommend the following answer: The overture is irregular, as the General Assembly has decided that all overtures shall come to it through Presbyteries or Synods, and not through individuals or Sessions.— Adopted 1883, p. 627. 24. The Rule does not Deny the Right of Petition : Its Repeal Inexpedient. Overture from the Presbytery of Baltimore, asking the repeal of the Standing Rule in the Minutes of the Assembly for 1870, p. 90, which limits the right of petition or overture to the Presbyteries and Synods, and thus " deprives the church at large of the inalienable right of peti- tion." The Committee recommends that as the rule referred to does not deny the right of petition, but only prescribes an orderly method of action, and saves the Assembly from unnecessary demands upon its time, the overture be answered in the negative. — Adopted 1884, pp. 75, 76. 25. Decisions and Deliverances on Doctrine. a. In the Case of the Rev. John Miller, D. D. The Committee appointed to prepare a minute expressing the views of the Assembly on Judicial Case No. 6 presented their report, which was adopted, as follows : The appeal of John Miller from the judgment of the Synod of New Jersey was found by the Judicial Committee to be in order, and was reported to the General Assembly for adjudication. This report having been adopted, the Assembly entered upon the solemn consideration of the appeal. OF THE GENERAL ASSEMBLY. 525 After a full hearing of the evidence as presented by both parties in the case, the Assembly reached the decision not to sustain the appeal by the following vote : to sustain, three (3) ; to sustain' in part, eighteen (18) ; not to sustain, two hundred and seventy-four (274). This expression of the General Assembly approaches the nearer to practical unanimity since, as it is understood, those who voted to sustain in part have doubts only in regard to the conclusiveness of the proof adduced for Specification No. 2 — viz. : " Mr. Miller teaches that Christ, as a child of Adam, was personally accounted guilty of Adam's sin ; that, like other children of Adam, he inherited a corrupt nature ; and that he needed to be, and was, redeemed by his own death." Not to recount his own admissions and assertions in the presence of the General Assembly, it is proper to state that the multiplied evidences drawn from Mr. Miller's book conclusively established the original charge pre- ferred by the Presbytery of New Brunswick— viz. : " We charge Mr. Miller with publicly denying and assailing important doctrines of the Confession of Faith and the Catechisms of our Church." Under this charge are the three following specifications : "Specification 1. — Mr. Miller teaches that the soul is not immortal; that at the death of the body it dies, becomes extinct, and so continues until the resurrection." "Specification 2. — Mr. Miller teaches that Christ, as a child of Adam, was personally accounted guilty of Adam's sin ; that, like other children of Adam, he inherited a corrupt nature, and that he needed to be, and was, redeemed by his own death." "Specification S. — Mr. Miller teaches that there is but one person in the Godhead." This decision of the General Assembly confirms the action of the Synod of New Jersey, which approves the resolution unanimously adopted by the Presbytery of New Brunswick, May 4 — viz. : "Resolved. That the Rev. John Miller, be, and hereby is, suspended from the ministry of the Presbyterian Church until such time as he shall make manifest to the satisfaction of the Presbytery his renunciation of the errors he has been found to hold, and his solemn purpose no longer to proclaim them." Whilst the Assembly thus declare their unwavering adherence to our confessional symbols, they desire at the same time to express only the kindest feelings toward Mr. Miller ; and they make this disposition of the case only because the interests of truth imperatively demand it. While in accordance with complete freedom of conscience the General Assembly would urge upon all fidelity, to our doctrinal Standards, they would, at the same time, earnestly advise any one who may entertain views irreconcilable with our Standards to take the authorized course, after consultation with his Presbytery, and peacefully withdraw from the ministry of our Church.— 1878, pp. 98, 99 ; ante, 218-232. b. In the ccse of the Rev. Isaac M. See. — Women may Not Fulfil the Office of Public Preachers in the Religious Assemblies of the Church. The Committee appointed to prepare a minute expressing the views of the Assembly in reference to Judicial Case No. 3, presented the following report, which was adopted : The Rev. Isaac M. See, pastor of the Wickliffe Church, Newark, N. J., was charged by Rev. Elijah R. Craven, D. D., " with disobedience to the divinely-enacted ordinance in reference to the public speaking and teach- 526 FORM OF GOVERNMENT. ing of women in the churches, as recorded in 1 Corinthians xiv. 33-37 and 1 Timothy ii. 11-13," in that twice, on a specified Sabbath, in the pulpit of his said church, at the usual hours of public service, he did introduce a woman, whom he permitted and encouraged then and there publicly to preach and teach. The Presbytery of Newark sustained the charge, and from its decision Mr. See appealed to the Synod of New Jersey, which refused by a decided vote to sustain the appeal, expressing its judgment in a minute of which the following is a part : " In sustaining the Presbytery of Newark as against the appeal of the Rev. I. M. See, the Synod holds that the passages of Scripture referred to in the action of the Presbytery do prohibit the fulfilling by women of the offices of public preachers in the regular assemblies of the Church." From this decision Mr. See has further appealed to the General Assem- bly, which, having thereupon proceeded to issue the appeal, and having fully heard the original parties and the members of the inferior judica- tory, decided that the said appeal from the Synod of New Jersey be not sustained by the following vote: To sustain, 85 ; to sustain in part, 71 ; not to sustain, 201. The votes " to sustain in part " were, as your Committee believe, based mainly upon certain alleged irregularities and informalities in the action of the inferior judicatories, not affecting the principle involved in the main question, and not upon any sympathy or accord with Mr. See's peculiar views and practices in the premises. In refusing to sustain this appeal of Mr. See the Assembly hold that there is nothing in the proceedings of the Synod of New Jersey which entitles the appellant to a reversal of the judgment and finding ; and the Assembly reaffirm the language above quoted from the decision of the Synod as expressing their own opinion. At the same time, the Assembly find great pleasure in calling attention to the enlarging efforts and the growing influence of the women of the Presbyterian Church in the work committed to the denomination ; and point with peculiar satisfaction and emphatic approbation to the noble record to which these women are daily adding by their efficiency and devotion.— 1878, pp. 102, 103. c. Deliverance on the so-called Higher Criticism. The Special Committee to whom certain overtures were referred on the so-called " Higher Criticism " presented their report, which was adopted, and is as follows: Overtures from the Presbyteries of Ebenezer, Jersey City, Louisville, Morris and Orange, and St. Louis, requesting the Assembly to make a deliverance by which pastors and teachers should be cautioned against the false teaching which is commonly known by the name of the " Higher Criticism," having been referred to this Committee, we hereby respectfully report the following deliverance : The General Assembly feels constrained to express itself clearly and decidedly on the rationalistic treatment of the Holy Scriptures by Prot- estant teachers in Europe, whose works are introduced into our country, and whose evil influence is felt in our Church. Our Confession of Faith (chap. i.,. sec. ii.), after giving the names of the books of the Old and New Testaments, adds, " all which are given by inspiration of God to be the rule of faith and life." The denial of the authenticity or truthful- ness of the Holy Scriptures is a denial of their inspiration ; and any teaching that suggests such denial should be not only carefully avoided, OF THE GENERAL ASSEMBLY. 527 but studiously repelled. The Assembly would not discourage the full use of all light in critical study ; nor does it assume that any erroneous teach- ing is welcomed or offered within the bounds of the Church ; but it would warn all pastors and teachers of the danger to young and inexperienced minds in the free use of crude theories and unproved speculations on the part of religious instructors, and would remind them of the paramount importance of sustaining in positive doctrine the authenticity, integrity, truthfulness and inspiration of the Holy Scriptures against the unsancti- fied learning by which an unbelieving world, through nominally Christian channels, assaults the Church of God. The Assembly would also remind the Presbyteries of their special responsibility as guardians of the faith, and that, in view of the appre- hensions excited throughout the Church by the rationalistic handling of the word of God, it is incumbent upon them to see to it that the appropri- ate constitutional action be taken if at any time it should become mani- fest that any minister of our Church was promulgating theories of dan- gerous tendencv or contra-confessional doctrine concerning the Holv Scriptures.— 1883, pp. 631, 632. [See also 188% pp. 91, 92.] 26. The Power of Visitation exercised by the Assembly. a. In the examination of the appeal of Mr. Chavis it has appeared that great irregularities of administration and discipline exist in the Pres- bytery of Atlantic and in some of its churches, which require investiga- tion and correction ; and, to that end, your Committee beg leave to recommend the following : Resolved, That the Kev. E. E. Swift, D. D., the Kev. James Allison, D. D., the Kev. R. H. Allen, D. D., James B. Lyon, Esq., and John C. McComb, Esq., officers and members of the Board of Missions for Freed- men, be and they are hereby appointed a committee, and are instructed to visit the Presbytery of Atlantic and the churches thereof, to inquire into their condition, and any irregularities of practice or discipline which may exist therein ; and to aid with their advice in correcting the same, and, so far as possible, to strengthen and encourage the churches, pastors and mis- sionaries in the bounds of said Presbytery ; and that the committee make report of their doings to the next General Assembly. Resolved, That the necessary expenses of the committee be audited by said Board, and be paid out of the treasury thereof. — Adopted 1884, p. 108. [See Book of Discipline, sees, lxxv., lxxvi.] Report of the Committee. b. The Special Committee appointed by the last Assembly to visit the Synod of Atlantic (Minutes 1884, p. 108) presented its report, which was accepted, approved, and the Committee discharged. The report is as fol- lows: A judicial case, involving the moral character of one of the members of the Presbytery, was brought, by complaint, to the attention of the last Assembly. It was, perhaps, the knowledge of this case that created the impression in that Assembly that licentiousness was too often tolerated or too leniently dealt with, and occasioned the appointment of your Com- mittee. With the settlement of that judicial case your Committee could have nothing to do. The last Assembly had directed the Synod of Atlantic to take proper action in the premises. The business of the Committee was 528 FORM OF GOVERNMENT. confined to inquiries with regard to the state of morals among the colored people within the limits of the Presbytery of Atlantic, and the faithfulness of Sessions in the maintenance of discipline. After the meeting of Presbytery had been regularly opened, an oppor- tunity was given to the Committee to present the business with which they had been entrusted. Almost all the members of Presbytery were present, and each was called upon to make a statement with regard to the needs of discipline in their respective fields, and their custom in regard to it. The testimony of ministers and elders was, that while certain sins, such as theft, drunkenness and impurity prevailed, the administration of disci- pline in such cases was not overlooked, and its faithful administration was said to be attended with beneficial results. All the brethren expressed great grief that impressions had gone abroad that they were characterized by laxity in morals and carelessness in disci- pline, and they expressed mortification that any such special investigation should have been thought necessary. This depression, however, was to some extent relieved by the assurance that the Committee would make a full report of the true condition of things to this Assembly. In conclusion, your Committee would express its great ^gratification, not only with the appearance of this Presbytery, but with the whole Synod of Atlantic. Its colored members were comfortable in dress, ministerial in bearing, courteous in manner, refined in language, methodic in business, earnest in spirit, and sincere in devotion to the doctrine and usage of our beloved Church. No one present, as we were, at the opening services of the Synod could have doubt as to the wisdom of expenditures made by our Church in this field. Great progress, in several directions, has evi- dently been made within the last five years. The call for the creation of new Presbyteries is confirmation of encouraging growth in the work. There, as everywhere, the one great need is the copious dispensation of the Holy Spirit, for which, in their poverty of other good, we might find a special plea. Very respectfully submitted. — 1885, pp. 584, 585. 27. Pastoral Letter on Sabbath-schools. The Committee appointed to prepare a Pastoral Letter presented their report, which was adopted, viz. : The General Assembly of the Presbyterian Church in the United States of America, greeting, to the Sessions of the churches, and through them to the parents and Sabbath-school teachers in our connection : As ministers and ruling elders representing the Presbyteries and churches, and met in the highest judicatory of our Church, we address to you, as co-workers with us, this Pastoral Letter. We address you in behalf of the vast crowds of children springing into life and rapidly rising into manhood and womanhood, than which no more affecting vision looms up to the view of the Christian and the Christian Church. Grave questions force themselves upon us as to these : What is to be their aim ? What is to be their character ? What is to be their destiny ? What duty is each of us called to in reference to the rising race ? In the language of Manoah concerning his son, who was to be the avenger of Lsrael, "How shall we order the child, and how shall we do unto him?" As Samson, his son, was to go forth, after suitable training, in the prowess of his physical strength to compete with the enemies of Israel, so are the children under our training to go forth to the great spiritual conflict. How, then, shall they be ordered? how trained as Christian athletes, to be able to burst asunder the green withes and the new ropes with which OF THE GENERAL ASSEMBLY. 529 sin would bind them, and to push down the pillars of Dagon's temple ? Not only are they to be trained to stand firm when assaulted with temp- tations, but to make onslaughts upon the powers of darkness. In view of the seductive influence of much of our modern literature on the one hand, and the facilities for effecting good by well-aimed efforts on the other, the children are to be taught, not only to use defensive armor, but to employ the weapons which are mighty through God to the pulling down of strongholds. Are the lives of our children to be a failure, and worse than a failure ? or are they to be examples of virtue and piety, in whose light others shall walk in the path of life ? Among the instrumentalities to lead our children to safety and useful- ness we recognize the Sabbath-school as occupying a position of very high prominence. But the value of the Sabbath-school depends upon the kind of instruction imparted. We concede that the International Sabbath-school system recently inaugurated is one of great excellence, and the blessings flowing from its introduction, we trust, will be many and substantial. But it is our hoj^e and expectation- to engraft upon it still better scions, that shall yield richer and better fruit. We are already, as many of you know, sending forth helps, through our Board of Publication, which weave into the les- sons the Shorter Catechism, suggested, illustrated and enforced by the passages of Scripture forming the basis of these Lessons. We have recommended to the Board "to incorporate into its system of Lesson Papers and Question Books brief expositions of the answers of the Shorter Catechism" We feel constrained, therefore, to exhort you affectionately to have introduced, if it has not been done, into the Sabbath-schools the Question Books and Lesson Papers published by our owm Board of Publication, rather than to depend upon helps from sources less decided for the truth. We affectionately exhort that the Shorter Catechism be used in all our Sabbath-schools, that parents assist the teachers in encouraging their chil- dren to commit the same to memory, and that teachers make these young disciples familiar, not only with the tried and eminently rich doctrines and important duties taught in our Standards, but with our Form of Gov- ernment and Directory for Worship. Let each Session, at its earliest convenience, take action on the subject. If parents and teachers would honor these Standards in their families and schools, there would be wrought into the hearts and minds of the ris- ing race a love for the good and the true, such as no false system could displace. Formulated and wholesome doctrines would not be disparaged, and pure gold would not give place to tinsel. We need not remind you that the apostles frequently inculcate, in their Epistles, the importance of adhering to sound doctrine. The disciple whom Jesus loved, and who leaned upon his breast at the holy commu- nion, rejoiced greatly in his fellowship with the Father and with his Son Jesus Christ. And yet he says, "I have no greater joy than to know that my children walk in truth " (III. John, 4). So every minister and parent and Christian should rejoice in knowing that the hearts of the young are brought under the influence of divine truth. The history of the progress and decline of truth, alternately assaulting and yielding to error, presents a story full of interest and instruction. With what a glorious light did it burst upon the European world three centuries ago, when the Papacy received a blow from which it has never recovered ! And how did it rise again when France and Germany and 67 530 FORM OF GOVERNMENT. the most of the nations of Europe were declaring for Protestantism! Then it was that the founder of the Jesuits contrived to bring back the waning power of Popery. He trained teachers, he sent them out into all the lands, men of popular address and of missionary zeal to make prose- lytes ; and schools were established, and young hearts were won for Rome, and Popery again stood up erect. This has been Rome's policy ever since, and this has been the secret of her success. Who shall teach the young, and how shall they be taught ? is the ques- tion of the age. The conflict between truth and error will continue, and parents and teachers must gird themselves for the earnest battle. Beloved brethren in the Lord, let us awake to the vast importance of training a people for God and for our country. Our children should learn that this land is given them for the salvation of the world. Let teachers be impressed with the truth that the child is more important than the man, because it has a better opportunity to be moulded for the work of God, and because it has a longer future for its work. When the heart of the fathers shall be turned to the children, and the heart of the children to their fathers, God will not come and smite the land with a curse. Sow the seed, then, in hope ; for " he that goeth forth and weepeth, bearing precious seed, shall doubtless return again with rejoicing, bringing his sheaves with him." The words which you utter to your children and your classes are letters inscribed on veiled tablets, to be unveiled, if not sooner, when the Great Assembly shall meet. The minds of these young immortals are so many phonographs, to receive your words, and to reproduce them when your tongues shall be silent in death, and they may be rehearsed to millions in the great future. Abel, " being dead, yet speaketh." — 1878, pp. 95-98 ; ante, pp. 280-325. 28. Testimony against the Support of Roman Catholic and other Denominational Institutions by Public Funds. The following minute was adopted : Whereas, Legislatures of different States of this Union have been in the habit, at the instance of members of the Roman Catholic Church, of appropriating public money, collected by taxation from citizens, members of other churches, to various institutions in connection with said Church, all of which are as really devoted to the propagation and advancement of that religion as their schools and colleges and churches can be ; and Whereas, Such appropriation so made are, more or less, the State com- pelling members of other denominations against their will and against their consciences to support and build up that Church and its institutions, in violation of the fundamental principles and the constitutional rights which the people of this nation have always held most sacred ; and Whereas, Such appropriations are really a union of Church and State, in which the people and members of all Protestant churches are compelled by such action to support a religion against which they protest, the same is not only unfair, unjust, but oppressive to the consciences of the whole Protestant community, and a trampling upon their rights and liberty ; therefore Resolved, 1. That this Assembly unites with the other Protestant denominations, and all citizens feeling themselves thus aggrieved by this action, and protest against it as an act of civil and religious oppression. Resolved, 2. That we call the attention of all our ministers, church- officers and members, and all friends of civil and religious liberty through- out the whole nation, to lift up their voices and use their influence in OF THE GENERAL ASSEMBLY. 531 preserving to all our people and to generations to come those glorious privileges and principles which our fathers secured to us at such great cost. Resolved, 3. That no principle has been better established in regard to this nation than the entire separation of the Church and the State, and that the State has no more right to compel by taxation one of its citizens to contribute money to the building up and advancing of the Roman Catholic or any other denomination than it has to compel us to unite with their Church ; and that moneys or grants should not be appropriated to any denominational institution, or any institution of any kind which is not connected with and under the control of the State. Resolved, 4. That at this time it behooves all our people to be watchful on this subject, when the declared policy and principle of the Roman Catholic Church is, that a separation of Church and State is under its curse, and it is laboring to secure a union to advance its power. — 1878, p. 55. II. OF EEECTING NEW SYNODS, ALTEEING THEIK BOUNDS, ETC. [See Digest, p. 263.] /. To Reorganize. — See above, under chap, xi., sec. i., 1881, pp. 562-565. g. To Erect New Synods. — Nebraska, 1874, p. 82 ; Columbia, 1876, p. 75 ; Texas, 1878, p. 57 ; Utah, 1883, p. 630 ; Dakota, 1884, p. 75 ; North Dakota, 1885, p. 605. III. OF EEECTING, CHANGING, AND DISSOLVING PEESBYTEEIES. [See Digest, p. 263.] a. Presbyteries Formed. — Puget Sound, 1876, p. 75 ; South Oregon, 1876, p. 75; Denver and Pueblo, 1880, p. 55; Alaska, 1883, p. 631 ; Chili, 1884, p. 23 ; Zacatecas, 1884, p. 78. b. Presbyteries Dissolved. — Japan, 1880, p. 82 ; New Orleans, 1880, p. 83. c. Changed from One Synod to Another. — 1875, p. 505. 4. To Receive other Ecclesiastical Bodies. a. The Presbytery of Philadelphia of the Reformed Presbyterian Church. An application was received from the Presbytery of Philadelphia of the Reformed Presbyterian Church to be received under the care of the General Assembly. The application was referred to the following Special Committee : Ministers — William P. Breed, D. D., James Allison, D. D., and Elder George Griffith, to report to this Assembly. — 1885, p. 606. The Special Committee to which was referred the application of the Presbytery of Philadelphia of the Reformed Presbyterian Church, offered a report, which was accepted, and is as follows : Resolved, In accordance with the action of the General Assembly of 1870, in receiving the Presbytery of Pittsburgh of the Reformed Presby- terian Church, that the application of the Philadelphia Presbytery of the Reformed Presbyterian Church be granted, and that its ministers, with the cougregations under their care, be received by the Presbyteries to which they would respectively belong, and when so received the Presby- tery be dissolved and its records transferred to the Presbytery of Phila- delphia of the General Assembly ; and further, this General Assembly is glad to receive into its bosom a body of Christians in which it has such confidence. The Rev. Theodorus W. J. Wylie, D. D, and Elder James Grant, Com- 532 FORM OF GOVERNMENT. missioners to present the application of the Reformed Presbytery of Phila- delphia, were received by the moderator in the name of the Assembly, and heard. The Presbytery was then received by a unanimous rising vote, and the report of the Committee adopted. — 1885, pp. 614, 615. IV. OF COKKESPONDENCE'WITH FOREIGN CHURCHES. 15. The Assembly Receives and Appoints Delegates only in the Case of Ecclesiastical Bodies. a. Certain papers purporting to be the credentials of friendly visitors from the Woman's National Christian Temperance Union were presented to the Assembly by the stated clerk, and the following resolution in refer- ence to them was adopted : Resolved, That it is the judgment of this Assembly that friendly dele- gates or visitors should be received only from corresponding ecclesiastical bodies ; but that the Assembly nevertheless expresses its deep sympathy with the work in which the Woman's National Christian Temperance Union is engaged. — 1880, pp. 42, 43. b. Overture. — A paper referred to this Committee by the Assembly. It is a printed document, not addressed specially to the Assembly, but to all associations of ministers and churches, all General Assemblies and Synods, all General and Annual Conferences, all Woman's National and State Unions, Grand Divisions of the Sons of Temperance, Grand Lodges of Good Templars, asking that delegates be appointed by these bodies to attend a National Temperance, Convention, to be held at Saratoga Springs June 21, 1881. We recommend the following answer : Whilst this General Assembly feels a deep interest in the subject of Temperance, it is not our custom to ajDpoint delegates except to ecclesiasti- cal bodies. — Adopted 1881, p. 551. 16. The Presbyterian Alliance. The delegates to the General Council of Presbyterians, held in London in 1875, presented their report, which was approved, and is as follows : a. Report of the Delegates to the London Conference of 1875. The undersigned were appointed by the General Assembly of 1875 (see Minutes, p. 528) as a delegation to the General Council of Presbyterians which was to meet in London on the 21st of July of that year. They were also vested with power to substitute, or add to their membership, other ministers or laymen from the Presbyterian Church, to take part with them in the deliberations of the proposed Conference. Under this pro- vision the following brethren, some of whom had been conspicuous from the beginning in furthering the object contemplated in this appointment, were invited to share with the original delegation in representing our Church in this General Council : Rev. James McCosh, D. D., Rev. Philip Schaff, D. D., Rev. Alexander M. Reid, Ph. D., Rev. Albert T. Chester, D. D., Rev. W. Wallace Atterbury, Rev. Elijah R. Craven, D. D., Rev. William H. Hornblower, D. D., John Wanamaker, Esq., John S. Ken- nedy, Esq., Rev. George D. Mathews, Rev. Alexander Reed, D. D., Rev. Thomas H. Robinson, D. D., Rev. Robert M. Patterson, Rev. Roswell D. Hitchcock, D. D.., Rev. John Hall, D. L., William E. Dodge, Jr., Hon. Stanley Matthews. Five of these brethren, together with two of the original Committee — Drs. Crosby and Hatfield — were prevented, by various causes, from attending the sessions of the Conference. OF THE GENERAL ASSEMBLY. 533 The remaining twelve were present, together with two members of the Committee — Rev. Samuel J. Wilson, D. I)., LL.D., and Professor Edward D. Morris. The Council was held in the city of London on the 21st, 22d and 23d of July. Sixty-four delegates, representing twenty-two Presbyterian organizations in various parts of the world, were present during the ses- sions. Rev. Dr. McCosh, of our delegation, presided. The deliberations were characterized by a spirit of brotherly love and by a strong desire to establish closer relations between all Presbyterian bodies throughout the world. A copy of the minutes, containing a full record of the proceed- ings, is herewith submitted as a part of this report. The chief business of the Conference was the preparation of a form of constitution which provides for a permanent " Presbyterian Alliance to meet in General Council from time to time, in order to confer upon mat- ters of common interest." It is for this General Assembly to determine whether our branch of the Presbyterian Church shall enter into such an Alliance, and whether the constitution proposed by the Conference (as incorporated in their minutes), shall be approved as a proper basis for such a confederation. It was resolved that the first meeting of this Alliance should be held at Edinburgh, Scotland, on the first Tuesday of July, 1876 ; and it was agreed that the several bodies choosing to enter into the Alliance under the proposed constitution may be represented on that occasion in such a proportion as would entitle our Church to send forty delegates. These delegates, accordingly, are to consist, " as far as practicable," of an equal number of ministers and elders. The time of this meeting has been changed to July, 1877, yet it is important that this General Assembly should take action with respect to the delegation to be sent from our Church. We would respectfully suggest that such selection be entrusted to a Special Committee, consisting of the moderator and the stated and permanent clerks of this Assembly, together with Rev. Howard Crosby, D. D., Rev. James McCosh, D. D., and Rev. S. Irenseus Prime, D. D. All which is respectfully submitted. How t ard Crosby, Samuel J. Wilson, Edwin F. Hatfield, Edward D. Morris. b. The Constitution of the Alliance. Whereas, Churches holding the Reformed faith and organized on Pres- byterian principles are found, though under a variety of names, in differ- ent parts of the world ; whereas, many of these were long wont to main- tain close relations, but are at present united by no visible bond, whether of fellowship or of work ; and whereas, in the providence of God, the time seems to have come when they may all more fully manifest their essential oneness, have closer communion with each other, and promote great causes by joint action ; It is agreed to form a Presbyterian Alli- ance to meet in General Council from time to time, in order to confer upon matters of common interest, and to further the ends for which the Church has been constituted by her divine Lord and only King. In forming this Alliance the Presbyterian churches do not mean to change their fraternal relations with other churches, but will be ready, as hereto- fore, to join with them in Christian fellowship, and in advancing the cause of the Redeemer, on the general principle maintained and taught in the Reformed Confessions, that the Church of God on earth, though com- 534 FORM OF GOVERNMENT. posed of many members, is one body in the communion of the Holy Ghost, of which body Christ is the supreme Head, and the Scriptures alone are the infallible law. Articles. I. Designation. — This Alliance shall be known as " The Alliance of the Keformed churches throughout the World holding the Presbyterian System." II. Membership. — Any Church organized on Presbyterian principles which holds the supreme authority of the Scriptures of the Old and Sew Testaments in matters of faith and morals, and whose creed is in harmony with the consensus of the Reformed Confessions, shall be eligible for admission into the Alliance. III. The Council. 1 . Its Meetings. — The Alliance shall meet in General Council ordinarily once in three years. 2. Its Constituency. — The Council shall consist of delegates, being min- isters and elders appointed by the churches forming the Alliance, the number from each church being regulated by a plan sanctioned by the Council, regard being had generally to the number of congregations in the several churches. The delegates, as far as practicable, to consist of an equal number of ministers and elders. The Council may, on the recom- mendation of a Committee on Business, invite Presbyterian brethren not delegates to offer suggestions, to deliver addresses, aud to read papers. 3. Its Powers. — The Council shall have power to decide npon the appli- cation of churches desiring to join the Alliance; it shall have power to entertain and consider topics which may be brought before it by any Church represented in the Council, or by any member of the Council, on their being transmitted in the manner hereinafter provided ; but it shall not interfere with the existing creed or constitution of any Church in the Alliance, or with its internal order or external relations. 4. Its Objects. — The Council shall consider questions of general interest to the Presbyterian community ; it shall seek the welfare of churches, especially such as are weak or persecuted ; it shall gather and disseminate information concerning the kingdom of Christ throughout the world ; it shall commend the Presbyterian system as scriptural and as combining simplicity, efficiency, and adaptation to all times and conditions ; it shall also entertain all subjects directly connected with the work of evangeliza- tion, such as the relation of the Christian Church to the evangelization of the world, the distribution of mission work, the combination of Church energies, especially in reference to great cities and destitute districts, the training of ministers, the use of the press, colportage, the religious instruc- tion of the young, the sanctification of the Sabbath, systematic benef- icence, the suppression of intemperance and other prevailing vices, and the best methods of opposing infidelity and Romanism. 5. Its Methods. — The Council shall seek to guide and stimulate public sentiment by papers read, by addresses delivered and published, by the circulation of information respecting the allied churches and their mis- sions, by the exposition of scriptural principles, and by defences of the truth ; by communicating the minutes of its proceedings to the supreme courts of the churches forming the Alliance, and by such other action as is in accordance with its constitution and objects. 6. Committee on Business. — The Council, at each general meeting, shall appoint a Committee on Business, through which all communications and notices of subjects proposed to be discussed shall pass. The committee OF THE GENERAL ASSEMBLY. 535 appointed at one general meeting shall act provisionally, so far as is necessary, in preparing for the following meeting. IV. Change of Constitution. — No change shall be made in this constitution, except on a motion made at one general meeting of Council, not objected to by a majority of the churches, and carried by a two-thirds vote at the next general meeting. The following resolutions were then offered, and adopted unanimously : Resolved, 1. That our branch of the Presbyterian Church, as represented in this General Assembly, approves the constitution proposed by the Lon- don Conference, and cordially enters into the Presbyterian Alliance on this basis. 2. That the moderator and the stated and permanent clerks of this Assembly, and Rev. Howard Crosby, D. D., Rev. James McCosh, D. D., and Rev. S. Irenseus Prime, D. D., be a Special Committee, to appoint dele- gates from this Church to the first meeting of the Presbyterian Alliance at Edinburgh, July, 1877. — 1876, pp. 50-53. [1881, pp. 516 and 542. See 1885, pp. 704, 705.] c. Provision for Expenses of Standing Committee and Secretary . That part of the report of the Committee of Delegates to the Council at Belfast referring to the payment of money out of the contingent fund of the Assembly was taken up, amended, adopted, and is as follows : In order to act with efficiency in furthering the interests of Presbyte- rians scattered over the world, the Council found it necessary to appoint a standing committee with a permanent secretary. The quota of annual expense of this commission falling to our great branch of this Church is 81950, which your Committee recommend to be paid annually out of the General Assembly's contingent fund on and after May 15, 1886. — 1885, p. 684. d. Members of the Executive Committee Appointed. Resolved, That this General Assembly, having in view their right to determine the choice of the representatives of this Church in the Execu- tive Committee of the Alliance of the Reformed churches holding the Presbyterian system, do hereby recognize and appoint as members of said Executive Committee the following persons, viz. : Ministers — A. Alexan- der Hodo-e, D. D., Charles A. Briggs, D. D., Samuel M. Hamilton, D. D., George F. Wiswell, D. D., William P. Breed, D. D., Charles S. Pomeroy, D. D. ; Elders — Morris K. Jesup, George Junkin, Dan P. Eells, F. W. Jackson.— 1885, p. 684. 17. The Assembly will not Appoint Delegates to Churches Repre- sented in the Alliance. Whereas, The different branches of the Presbyterian Church through- out the world are now associated with each other in the General Presby- terian Alliance ; And whereas, At the Triennial Councils of the Alliance delegates from all these churches are present on a footing of perfect equality, and in the enjoyment of the most unreserved fellowship ; And whereas, Under such circumstances there seems to be little neces- sity for retaining the custom of appointing delegates to visit, the supreme courts of other Presbyterian churches — a custom involving a not incon- siderable outlay of time, money, and labor ; Therefore Resolved, That the Assembly, with the most cordial esteem 536 FOKM OF GOVERNMENT. for the brethren of the other Presbyterian churches, will in future decline to appoint any such delegates, and content themselves with the appoint- ment of Commissioners to the General Councils of the Alliance. — 1879, p. 616. a. An exception to the above action was made in favor of the Southern Presbyterian Church, 1883, p. 687. b. Resolved, That the invitation of Eev. Mr. Lortsch for the Assembly to appoint a representative be approved, and that the Rev. George F. Moore of the Presbytery of Boston is hereby appointed to perform this service at the next meeting of the Synod of the Free Evangelical Church of France, at St. Foy la Grande (Gironde), on the 23d of September, 1885.— 1885, p. 632. 18. Correspondence with the G-eneral Assembly of the Presby- terian Church in the United States. a. [A Committee was appointed to confer with a like Committee, if appointed by the General Assembly of the Presbyterian Church in the United States, to seek closer and more fraternal relations with that body. —1873, p. 503. b. Enlarged 1874, p. 61, so as to consist of Revs. Samuel J. Niccolls, Henry Darling, Edwin F. Hatfield, Thos. H. Skinuer, H. J. VanDyke, Ebenezer Erskine, and Messrs. Benjamin Whitely, James K. Moorhead, Joseph W. Edwards, and Samuel M. Breckinridge. This committee met with a like committee of the Southern Church in Baltimore Jan. 7, 1875. Their report is found in the Minutes of 1875, pp. 483-486 ; and the correspondence in the Appendix 1875, pp. 627-641. The Assembly, regretting that the negotiations in reference to fraternal correspondence between the two churches have failed, Resolved, That it deemed it inexpedient to press the question of fraternal relations at present by further negotiations through the appointment of another committee. See in full, 1875, pp. 492, 493 ; 1876, pp. 43, 44 and 55, 56.— ilf.] c. In 1877 the following action was taken : Inasmuch as the General Assembly of 1870 and 1873 have solemnly declared that all the deliverances of the General Assemblies during the late war, so far as they impeach the Christian character and doctrinal soundness of the body known as the Southern Presbyterian Church, are null and void; and Whereas, Our last General Assembly, reiterating the action of former Assemblies, declared our confidence in the Christian character and doc- trinal soundness of the Southern Presbyterian Church, and our desire to enter into fraternal correspondence with them upon terms of perfect equality and reciprocity, and cordially invited the Southern Assembly to send corresponding delegates to this Assembly : Therefore, Resolved, That, while we are sincerely desirous to be reunited in closer relations with the brethren from whom we have been separated, we do not deem it expedient at present to take any further action upon the subject, except to repeat the declaration of the last Assembly, that we are ready cordially to receive a representative from the Southern Church, and to send a delegate to their Assembly, whenever they may intimate a willingness to enter into fraternal relations upon such terms. — 1877, pp. 570, 571. d. In 1882 {Minutes, p. 50) the following message was received from the General Assembly of the Presbyterian Church in the United States : OF THE GENERAL ASSEMBLY. 537 Atlanta, Ga., May 23, 1882. Rev. Dr. Herrick Johnson, Moderator of the General Assembly: In answer to overtures from Presbyteries, the following paper was adopted, almost unanimously (three nays) : " In order to remove all difficulties in the way of that full and formal fraternal correspondence which, on our part, we are prepared to accept, we adopt the following minute, to wit : That, while receding from no prin- ciple, we do hereby declare our regret for and withdrawal of all expres- sions of our Assembly which may be regarded as reflecting upon, or offen- sive to, the General Assembly of the Presbyterian Church of the United States of America. "Resolved, That a copy of this paper be sent by telegraph to the Gen- eral Assembly now in session at Springfield, Illinois, for their prayerful consideration, and, mutatis mutandis, for their reciprocal concurrence, as affording a basis for the exchange of delegates forthwith." R. K. Smoot, Moderator. Jos. R. Wilson, Stated Clerk e. To this the Assembly responded : Resolved, That, in the action now to be taken, we disclaim any reference to the action of preceding Assemblies concerning loyalty and rebellion, but we refer only to the action concerning schism, heresy, and blasphemy. The report of the Committee was then adopted, and is as follows : The moderator is instructed to telegraph to the moderator of the Gen- eral Assembly in session at Atlanta, Ga,, that his telegram is received with warm enthusiasm by this Assembly, and, in order to remove all diffi- culties in the way of that full and formal fraternal correspondence between the two Assemblies which we are on our part prepared to accept, Ave adopt the following, to wit : While receding from no principle, we do hereby declare our regret for and withdrawal of all expressions of our Assembly which may be regarded as reflecting upon and offensive to the General Assembly of the Presbyterian Church in the United States, and we renew the expression of our warm fraternal regard for all who compose its com- munion, and our readiness to exchange delegates forthwith. — 1882, p. 66. See also 1882, pp. 83, 84. 19. Delegates Appointed by the Southern Assembly. a. The following message was announced by the moderator from the General Assembly of the Presbyterian Church in the United States : Atlanta, Ga., May 27, 1882. To the General Assembly of the Presbyterian Church in the United States of America: It was unanimously resolved — 1. That this Assembly does hereby declare its entire satisfaction with the full and explicit terms in which the General Assembly of the Presbv- terian Church in the United States of America has expressed its reciprocal concurrence in the paper transmitted to our Assembly on fraternal cor- respondence. 2. That we do unfeignedly rejoice and render thanksgiving to God in an event, suited to take away the reproach of alienation between bodies holding the same standards of faith and order, and tending to bring peace to our borders. 3. That inasmuch as it is impracticable, at this late day, to have an 538 FORM OF GOVERNMENT. interchange of delegates, the Assembly does hereby appoint Rev. William Brown, D. D., Rev. Thomas A. Hoyt, D. D., Hon. B. M. Estes, Principals, and Rev. Robert P. Farris, D. D., Rev. Henry C. Alexander, D. D., and Hon. Patrick Joyes, alternates, to bear to the next General Assembly of the Presbyterian Church in the United States of America our cordial Christian salutations. R. K. Smoot, Moderator. Joseph R. Wilson, Stated Clerk. b. Delegates appointed to the Southern Assembly. The communication was referred to the Standing Committee on Cor- respondence, whereupon the Committee presented the following report, which was adopted: The Standing Committee on Correspondence recommend that the fol- lowing persons be appointed delegates to the General Assembly of the Presbyterian Church in the United States, which meets next year in Lexington, Ky. : the Rev. Samuel J. Niccolls, D. D., the Rev. Thomas S. Hastings, D. D., Hon. Samuel M. Moore, LL.D., Principals ; the Rev. Arthur Mitchell, D. D., the Rev. S. Irenseus Prime, D. D., Hon. William E. Dodge, Alternates.— 1882, pp. 102, 103. c. [The Southern Assembly in 1883 resolved to correspond by letter.] In response to communications from the Rev. Drs. Nelson and Mitchell and Elder George H. Shields, the delegates to the General Assembly of the Presbyterian Church in the United States, it was Resolved, That this General Assembly hereby determines to continue correspondence with the General Assembly of the Presbyterian Church in the United States by delegates, and that this resolution be telegraphed to that Assembly.— 1884, p. 27. In answer the following telegram was received from the General Assem- bly of the Presbyterian Church in the United States : The Assembly has just determined to adhere to the action of the last Assembly, which is to correspond by letter. T. D. Witherspoon, Moderator. Joseph R. Wilson, Stated Cleric. — 1884, p. 101. d. A Committee of Correspondence was accordingly appointed — viz.: Rev. John Hall, D. D., of New York, Rev. W. E." Moore, D. D., of Columbus, Ohio, and Elder Ormond Beatty, LL.D., of Kentucky, to con- stitute a committee to have charge of the matter of correspondence by letter with the Presbyterian Church in the United States, and to report to the next General Assembly. — 1884, p. 113. 20. Special Committee on Co-operation Appointed. a. The following resolution was adopted : Whereas, Fraternal relations between the two great branches of the Presbyterian Church in the United States have been happily established, and for the purpose now of securing, as far as may be possible, the cordial co-operation of these two great Christian bodies in all works and measures in which they may have a common interest for building up the Redeemer's kingdom ; therefore be it Resolved, That a committee of seven be appointed by this General Assembly to confer with a similar committee, if it shall be appointed by the General Assembly of the Presbyterian Church in the United States, now in session in Lexington, Kentucky, in regard to any plans or methods OF THE GENERAL ASSEMBLY. 539 of co-operation in any part of the great work that the Master has laid upon his servants, and which it might appear could be more effectively accomplished by cordial and friendly co-operation than by separate and independent action ; and that these committees report the result of their deliberations to their respective Assemblies of 1884. The moderator was authorized to convey the preceding resolution by telegraph to the General Assembly of the Presbyterian Church in the United States, in session at Lexington, Ky. ; and the special committee on co-operation with said church was announced, as follows : Ministers. Samuel J. Mccolls, Edward P. Humphrey, Thomas J. Lamar, Edward B. Wright. Elders. Ormond Beatty, Wm. B. Negley, Samuel M. Moore.— 1883, p. 591. b. Report of the Committee of Co-operation. The Committee appointed by the last Assembly on Co-operation with the General Assembly of the Presbyterian Church in the United States (see Minutes, p. 591), made its report, which was unanimously adopted, by the following resolutions : 1. Resolved, That this General Assembly does hereby heartily approve of the action of the Committee on Co-operation as presented in its report ; and it also adopts the concurrent resolutions presented therein. 2. Resolved, That the stated clerk be directed to inform the other Assembly of this action. The report is as follows : The Committee appointed by the last General Assembly to confer with a similar Committee from the General Assembly of the Presbyterian Church in the United States, in regard to plans and methods of co-operation, would respectfully report the result of their deliberations to this Assembly. The Committee met on the 1st day of November, 1883, in the city of Louisville, Ky., all its members being present. At the request of Dr. Niccolls, Dr. Humphrey, who had been originally appointed chairman of the Committee by the General Assembly, but de- clined on the ground of ill-health, was again, by vote of the Committee, placed in the position to which he was originally appointed by the Assembly. The Committee from the Southern Church being present, the two Com- mittees met together in joint session, and Rev. Dr. Humphrey, on motion of Dr. Smoot, was elected chairman. The meetings of the Committees, save such as were necessary for special conference, were held in joint session. And it is but proper to say that there was, during all our conference, the manifestation of the spirit of brotherly regard, and of an earnest desire to secure co-operation between the churches. The intercourse of the brethren with each other was char- acterized by frankness and by a spirit of fraternal affection. The measures, also, which were agreed upon to be proposed to the two General Assem- blies were adopted by the wellnigh unanimous consent of both Committees. Among the subjects referred to the consideration of the Joint Com- mittee by the Assembly was the following: Resolved, That should a Committee be appointed by the Southern Assembly at Lexington, Ky., to confer with the Committee already appointed by this body in regard to co-operative work, by the two branches of the Church, the question of the joint occupancy of the Dan- ville Seminary should be made a matter of consideration by the Com- mittees in conference. And this Assembly would express its earnest hope that an adjustment may be made, which, while securing every legal right, shall have high regard to those fraternal relations which have been so happily established. 540 FORM OF GOVERNMENT. In accordance with this resolution your Committee suggested, as a basis of adjustment of the question of the Danville Theological Seminary, the following : 1. An equal joint use and occupancy of the seminary by the two branches of the Church (Northern and Southern), by the appointment of an equal number of directors and trustees from each branch, and giving to the Southern branch at least an equal number of professors. 2. Should additional funds be raised for the further endowment of the institution, each body shall have absolute control of the funds raised by itself, using only the income from such funds for the support of the sem- inary. Should this basis of adjustment be acceptable to our brethren of the Committee of the Southern Assembly, it will open the way for con- sidering the details of the means by which the object may be effected. To this the following reply was presented by the Committee from the Southern Church: " The Committee of the Southern Assembly, in response to the proposi- tion from the Committee of the Northern Assembly touching Danville Theological Seminary, respectfully report, that we are willing to recom- mend to our Assembly the acceptance of their offer of joint use and occupancy of Danville Seminary, according to the terms of that offer, and on condition that this occupancy be in perpetuity, and that the seminary be removed to Louisville, Ky. The Committee, however, are of the opinion that the prosperity of the seminary would be more cer- tainly secured and more largely advanced by being in full control of the Southern Church." To this action, Dr. Smoot, chairman of the Southern Committee, dis- sented, and his dissent was placed upon record on the minutes of the Joint Committee. Your Committee replied to this communication as follows : In relation to the proposition touching the joint occupancy of Danville Seminary — we approve of the two conditions in the report from the other Committee — viz. : That the occupancy be in perpetuity, and that the sem- inary be removed to Louisville ; and furthermore, we agree to recommend the proposition as thus amended to our General Assembly for its adoption. After approving the terms for the joint occupancy of the seminary, the Joint Committee adopted the following, in answer to the dissent of Dr. Smoot, which objected to the proposed occupancy on the terms mentioned, on the ground, " that it would involve the becoming a mere tenant at will, in the occupancy of the property, as the property of another :" Resolved, That it is the sense and meaning of this Joint Committee that, in the proposition as to that seminary, it is not a tenancy at will that was offered and accepted, but a permanent joint tenancy as to the occupancy, as set forth in the resolutions. i The Joint Committee also discussed various measures with reference to co-operation in the work of Home Missions, and the adjustment of such difficulties as might arise with reference to the occupation of fields occu- pied by both churches. The following resolution was agreed upon to be recommended to the several Assemblies for adoption : As to co-operation in Home Missions, your Committees, recognizing that no specific direction can be made to cover every case that may arise, would recommend the adoption of the following concurrent resolutions: This Assembly, while asserting its right to labor in every part of our common country, would most earnestly enjoin those charged with the direction of Home-Mission work that they see that nothing be done OF THE GENERAL ASSEMBLY. 541 through strife or vainglory ; that in prosecuting this work the interests of the other Assembly already in occupancy, either with an organized church or missionary labor, shall be most carefully respected ; and that the matter of consolidating feeble churches, and cases of disagreement, threatening the disturbance of fraternal relations, shall be referred to a Joint Commission of the Presbyteries having jurisdiction. The paper on the subject of comity in the matter of discipline referred by the Southern General Assembly to the Committee of Conference, was considered, and the following concurrent resolution was unanimously recommended by the Committee for adoption : Resolved, That this General Assembly, as a matter of comity between our own Church and the Southern Presbyterian Church, growing out of the fraternal relations so recently established, enjoins upon our church Sessions, Presbyteries and Synods that they have due regard for the dis- cipline of all the Sessions, Presbyteries and Synods of that Church (and mutatis mutandis). Other points with reference to co-operation in the work of Foreign Missions, and also that of the Board of Publication, were suggested by your Committee to the Joint Committee, but no definite conclusions were reached, nor did the Committee from the Southern Church feel prepared to take any action in these directions. After a careful consideration of all the difficulties in the way of co-op- eration, which was participated in by the brethren of the other Committee in a most frank and fraternal manner, your Committee proposed to them the following : The undersigned, representing the Northern Church in this Committee, after considering the many difficulties in the way of co-operation, deem it proper to say to the Joint Committee that we feel constrained to report to our Assembly that, in our judgment, the only effectual method of removing these difficulties is through organic union between these two branches of the Presbyterian Church. We would, therefore, respectfully ask our brethren representing the Southern Church in this Joint Committee to make a sim- ilar rej)resentation to their General Assembly. We do this with the hope that both Assemblies may take such action as will lead to organic union. Signed, O. Beatty, E. P. Humphrey, T. J. Lamar, S. M. Moore, W. B. Negley, Samuel J. Niccolls, Edward B. Wright. To this the Committee of the Southern Church made the following reply : By the action of Assembly, as stated on page 57 of Minutes of Assem- bly of 1883, we feel constrained to say that Ave are estopped from making any recommendation and from considering the matter of organic union. Signed, K. K. Smoot, Robert P. Farris, Rutherford Douglass, William Henry Dodge, Patrick Joyes, Theodore H. Roe. Such, in brief, is the result of the conference of the Committees, which we respectfully submit for the consideration of this Assembly. There is, also, accompanying this report, a certified copy of the minutes of the Joint Com- mittee, which we desire to place before the Assembly. — 1884, pp. 67-70. 21. [In answer to an overture from sundry persons connected with the Old School Synod of Missouri (see Minutes, 1874, pp. 26-29), the Assembly adopted the following :] Whereas, Certain brethren belonging to the Old School Presbyterian Synod of Missouri have overtured this Assembly, stating their principles regarding the plenary inspiration of the Scriptures and the proper juris- diction of church courts in things ecclesiastical only, and in these according to the Word of God, together with their firm adherence to our Confession of Faith, Catechism, Form of Government, and Book of Discipline : be it 542 FORM OF GOVERNMENT. Resolved, That this Assembly cordially accept this overture as exhibit- ing the principles of the Presbyterian Church in the United States of America, and consider all actions of the Church in the past, if any, which may have been done contrary to these principles, to be null and void. — 1874, pp. 29, 30. VI. Before any overtures or regulations proposed by the Assembly to be established as constitutional rules shall be obligatory on the churches, it shall be necessary to transmit them to all the Presbyteries, and to receive the returns of at least a majority of them, in writing, approving thereof. [See Digest, pp. 325-330.] 6. The Clerks Authorized to Declare an Amendment Adopted. Resolved, That the Presbyteries be directed to take action upon the " Overture on Representation in the General Assembly " as sent down to them, at their next stated meeting after the reception of the overture, that the result of their action, duly attested by the respective stated clerks, be forwarded to the stated clerk of the General Assembly ; and should a majority of the Presbyteries be found to have voted for the overture affirmatively, the stated clerk of the Assembly shall, in couference with the permanent clerk, on or before the first day of March next, publish the fact, with the state of the vote ; and the basis of representation thus adopted shall be the basis upon which the Commissioners to the next Gen- eral Assembly shall be chosen. — 1883, p. 686. [The constitutionality of the above action of the Assembly was widely questioned. The stated clerk, however, the Rev. Dr. Hatfield, having died before the answers were received, they were submitted to the Assem- bly in the usual manner. — M.~\ 7. Returns on Overtures Referred to a Committee of Canvass. a. A committee of ten — viz. : Ministers — Elijah R. Craven, D. D., William R. Bingham, D. D., Thomas R. Crawford, D. D., James H. Shields, Edward L. Warren ; Elders — Hon. Hooper C. Van Vorst, Hon. John T. Nixon, LL.D., Hon. Henry W. Williams, Hugh D. McCarty, LL.D., Ebenezer M. McPherson — was appointed to receive all the papers relative to the Revised Book of Discipline, and to report to this body what action shall be taken in the premises. — 1884, pp. 11, 12. b. The answers of the Presbyteries to the overtures sent down by the last Assembly were presented by the stated clerk, and referred to special committees, as follows : The overtures on the Book of Discipline to Ministers — William J. McKnight, D. D., William P. Breed, D. D., Silas Cooke, and Raymond H. Leonard ; Elders — Silas B. Brownell, John C. Angell, Stephen Torrey. The overtures on Reduced Representation to Ministers — William O. Campbell, Samuel B. Bell, D. D., Isaac T. Whittemore, Joseph L. Polk ; Elders — Woolsey Welles, LL.D., Michael D. Dague, Robert Scott. The overtures on Judicial Commissions to Ministers — Alfred H. Fahne- stock, Philo M. Semple, Lewis I. Drake, D. D., William R. Stewart ; Elders — Hon. Charles D. Drake, James C. Postlethwaite, Asahel A. Shumway.— 1885, pp. 583, 584. c. Answer Recorded after the Result is Declared. Overture from the Presbytery of Huntingdon, asking that their answer to the overture of the General Assembly on the term-eldership question, OF THE GENERAL ASSEMBLY. 543 which failed to reach the stated clerk at the time, be now recorded, and in the negative. The Committee recommend that the request be granted. —Adopted 1876, p. 74. 8, Formal Declaration that Overtures have been Adopted, and become a Part of the Constitution of the Church. a. The moderator then made a formal declaration that the Revised Book of Discipline, with the revision of chap. x. of the Form of Govern- ment, had been adopted, and was now a part of the Constitution of the Church.— 1884, p. 31. b. The report of the Committee to report on the answers of the Presby- teries on overtures on the Book of Discipline {Minutes, 1884, pp. 30, 31 and 115) was accepted and adopted, and the moderator then made a formal declaration that the subject-matter of overtures Nos. 1, 2, 3, 6 and 7 had been adopted, and were now a part of the Constitution of the Church. He also announced that section 65 was no longer a part of the Book of Discipline.— 1885, p. 602. c. Also that the overture No. 1 on Reduced Representation (Minutes, 1884, p. 103) has been adopted, and is now a part of the Constitution of the Church.— 1885, p. 630. d. Also, in like terms, that the overtures on judicial commissions (1884, p. 89) have been adopted and ratified, and are now a part of the Constitution of the Church.— 1885, p. 638. [On the adoption of the Constitution in 1821, the reports of the Presbyteries on the overtures "were committed to Dr. McDowell and Mr. Chester to ascertain pre- cisely the decisions of the several Presbyteries on the subject, and report their decisions to this Assembly." Subsequently "the committee appointed to ascertain the decisions of the several Presbyteries, on the subject of the revised Form of Government and forms of process, and the amendments to the Directory, sent down by the last Assem- bly, reported, and their report, being read, was adopted, and is as follows, viz. : " That there are connected with this Assembly sixty-two Presbyteries ; that, there- fore, the affirmative vote of thirty-two Presbyteries is necessary to make any one article binding; that forty-five Presbyteries have reported to the Assembly their decisions on each chapter, section, and article ; that from these reports it appears that the most of the articles have been adopted unanimously, and that every chapter, section, and article has been adopted by a majority of the whole number of Presby- teries; that the smallest number of votes given for anyone article is thirty-seven; that, therefore, the whole of the proposed amendments sent down by the last Assembly to the Presbyteries is ratified, and becomes a part of the Constitution." — 1821, p. 9. For a case where overtures were answered in the affirmative by a majority of the Presbyteries, but not adopted by the Assembly (see Digest, pp. 328, 329 ; Minutes of 1826, pp. 188-191 ; 1827, pp. 215 and 218). The usage is to refer the answers of the Presbyteries to overtures for constitutional changes to a committee, to canvass and report. See above and also 1833, pp. 400, 401. On the adoption of the report of the committee of canvass, recent and correct usage is for the moderator officially to declare the result. — ili".] VIII. Each session of the Assembly shall be opened and closed with prayer. And the whole business of the Assembly being finished, and the vote taken for dissolving the present Assembly, the moderator shall say from the chair — " By virtue of the authority delegated to me by the Church, let this General Assembly be dissolved, and I do hereby dissolve it, and require another General Assembly, chosen in the same manner, to meet at on the day of A. D. 544 FORM OF GOVERNMENT. ;" after which he shall pray and return thanks, and pronounce, on those present, the apostolic benediction. [See Digest, p. 332.] 2. The Place of Meeting Determined by the Vote of the Assembly. The Committee on the minute to be made concerning the place of meeting of this Assembly presented their report, which was adopted, and is as follows : The Committee having under consideration the minute to be made con- cerning the place of meeting of the Assembly, would report : The Assem- bly of 1879, on the 26th day of May, at Saratoga, appointed " Madison, Wisconsin," as the place of meeting for the present Assembly. No house or place of meeting in this city was named or designated. (See Minutes of 1879, p. 619.) When the moderator of the last Assembly declared that body dissolved, he did announce that the present Assembly would meet in the First Presbyterian church of Madison, Wis. {Minutes of 1879, p. 634.) The law of our Church requires the moderator to dissolve the Assembly, " and to require another ... to meet at , on the day of " (Form of Govt., ch. xii., sec. viii.). The Assembly, and not the moderator, has the right and the power of fixing the place of meeting. The Assembly fixed the city of Madison, and left the present Assembly to seek its own place or house in which to meet. This Assembly selected this hall, after it was so kindly and gener- ously tendered by His Excellency the Governor of this State. There can be no question but that the meeting in this hall is regular, and in con- formity with the order of the last Assembly, and of the law and Consti- tution of the Church. Your Committee ask to be discharged from the further consideration of the matter committed to them. — 1880, p. 81. 3. Permanent Committee on the Place of Meeting- of the next Assembly. The moderator and the stated and permanent clerks were appointed a committee to report from year to year on the place of the meeting of the next ensuing Assembly. — 1881, p. 59. CHAPTER XIII. OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS II. Every congregation shall elect persons to the office of ruling elder, and to the office of deacon, or either of them, in the mode most approved and in use in that congregation. But in all cases the per- sons elected must be male members in full communion in the church in which they are to exercise their office. [See Form of Government, chap, v., and Digest, p. 337.] 15. Election Governed by the Mode Approved in Use. Question by the Presbytery of Kittanning : In an election of elders in a particular church, should the meeting for the election be presided over by the Session, and is the Session alone com- petent to conduct the election? OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 545 The Committee recommend that the Presbytery be referred to chap, xiii., sec. ii., of the Form of Government. — Adopted 1878, p. 57. [i. e. the question is determined in all such cases by the usage, the mode most approved and in use in that congregation. (See also Digest, chap, xiii., sec. ii., p. 341, par. 9.) — if.] 16. A Minister not Eligible as a Ruling" Elder. " Is a minister a member of a particular church, and, as such, is he eligible to the office of ruling elder in that church?" The Committee recommend that the Assembly answer "No" and refer to the Digest, p. 339.— Adopted 1874, p. 84. 17. By "Congregation" Communicants are Meant. Overture. — A resolution, referred by the Assembly, asking for a defini- tion of the word " congregation," as used in the chapter of our Discipline which prescribes the manner of electing ruling elders. Your Committee recommend the Assembly to answer, that the term " congregation " includes only the actual communicants of the particular church. {Digest, p. 342.)— Adopted 1882, p. 97. 18. All Office-Bearers must Faithfully Accept the Standards. Overture from the Session of the First Church of Dayton, Ohio, asking whether persons who do not accept the teaching of the Church regarding infant baptism are eligible to the office of ruling elder or deacon. Your Committee recommend that the Assembly return the following answer : A faithful acceptance of the Confession of Faith is required of those who accept office in our churches ; and if any cannot faithfully accept this Confession of Faith, they should decline office in the Church. But, so far as the overture refers to a particular case, we recommend that it be returned to the church and submitted to the Presbytery. — Adopted 1882, pp. 98, 99. 19. No Authority for Election and Ordination of Deaconesses. Overture from the Presbytery of Cairo, asking : 1. Is the election of female members of the Church to the office of deaconess consistent with Presbyterian polity ? 2. If proper to elect them, should they be installed ? and if installed, should it be done by the regular form for the ordination of deacons, or otherwise ? The Committee recommends the following answer : To questions 1 and 2 : The Form of Government, chap, xiii., sec. ii., declares that " in all cases the persons elected must be male members." In all ages of the Church godly women have been appointed to aid the officers of the Church in their labors, especially for the relief of the poor and the infirm. They rendered important service in the apostolic Church, but they do not appear to have occupied a separate office, to have been elected by the people, or to have been ordained and installed. There is nothing in our Constitution, in the practice of our Church, or in any present emergency to justify the creation of a new office. — Adopted 1884, p. 114. 20. Deliverance on the Term- Service of Deacons. a. 3. Does the Presbyterial action, authorizing the election and instal- lation of elders for a limited term of service, apply also to deacons? To question 3 : The Form of Government gives no authority for the 69 546 FORM OF GOVERNMENT. election of deacons for a limited term of service. (See Minutes of 1883, p. 626.)— Adopted 1884, p. 114. b. Overture inquiring whether the action of the last Assembly annuls the election of deacons chosen to serve for a term of years. The Committee recommends the following answer : That as there is no provision in the Constitution for limiting the service of deacons, those who have been chosen to that office cannot be divested of it at the expira- tion of any designated term, unless by their own resignation or according to the provisions of the Constitution. — Adopted 1884, p. 114. [See a, above.] III. When any person shall have been elected to either of these offices, and shall have declared his willingness to accept thereof, he shall be set apart in the following manner : [See Digest, pp. 346-348.] 5. An Elder who has Removed or Resigned, if Re-elected, must be again Installed. Question : " Whether a ruling elder, who has terminated his connection with the Session by removal to another church or by resignation, should be reinstalled before he can regularly exercise the duties of his office in the same or another church ?" The Committee recommend that the answer of the O. S. Assembly of 1849 to the same general question be re-enacted by this Assembly as the answer to this overture. This action is found on p. 347 of Moore's Digest— 1880, p. 46. [The above is declared not to be retroactive. See under sec. viii., below, 1880, p. 84.— if.] VII. Whenever a ruling elder or deacon, from either of these causes or from any other, not inferring crime, shall be incapable of serving the Church to edification, the Session shall take order on the subject and state the fact, together with the reasons of it, on their records; provided always, that nothing of this kind shall be done without the concurrence of the individual in question, unless by the advice of Presbytery. 9. Resignation of an Elder or Deacon to be Tendered to the Session, and Takes Effect when Accepted. Overture from the Presbytery of Troy, asking, " To whom shall a ruling elder or a deacon offer his resignation when desiring to retire from active service, and what constitutional steps are necessary to complete the act ?" The Committee recommend the following answer: The resignation should be to the Session ; and it will take effect when accepted. — Adopted 1883, p. 626. VIII. If any particular church, by a vote of members in full communion, shall prefer to elect ruling elders for a limited time in the exercise of their functions, this may be done ; provided, the full time be not less than three years, and the Session be made to consist of three classes, one of which only shall be elected every year ; and provided that elders, once ordained, shall not be divested of the office when they OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 547 are not re-elected, but shall be entitled to represent that particular church in the higher judicatories, when appointed by the Session or the Presbytery. [See Digest, above, p. 345, par. 14. After the judicial decision on chap, xiii., sec. ii., a committee was appointed to report to the next General Assembly an overture to the Presbyteries proposing a change in the Form of Government (1873, p. 547). That committee reported the above sec- tion (1874, p. 61), which was declared adopted. — 1875, p. 521. — M.~\ 1. Elders not Re-elected under this Section may be Delegated to the Superior Judicatories. Overture from the Presbytery of Newton, with regard to the interpre- tation of the constitutional rule, chap, xiii., sec. viii. In the judgment of this Committee, this rule contemplates that the elders referred to, by due appointment of the Session or Presbytery, may become members of any of the courts of the Church above the Session. — Adopted 1876, p. 74. 2. Elders not Re-elected on the Adoption of Term-Service Cease to be Acting- Elders in that Particular Church. Overture from the Presbyteries of Wooster and Blairsville. As to the position of existing Sessions in churches which adopt the system of elec- tion of elders for a limited time, as provided for in section viii., of chap, xiii., Form of Government, your Committee recommend this answer : A constitutional rule must have power to effect whatever is necessary for its practical operation. So soon, therefore, as any particular church, under this new provision of the Constitution, shall determine, by a vote of its members, in full communion, to elect ruling elders for a limited time, and they shall be elected and set apart to their office, elders in office by virtue of an earlier appointment cease to be acting elders in that particular church — otherwise the Session would not consist of three classes, as in such cases required. — Adopted 1876, p. 74. 3. "When Re-elected, should be Reinstalled. a. From the Broadway Presbyterian Church of Rock Island, inquiring whether rotary elders, where re-elected, should be reinstalled. Answered in the affirmative. — 1878, p. 71. [See above, under sec. vi., and Digest, p. 347.] b. A petition asking : Is the reinstallation of elders re-elected on expira- tion of their term of service, essential to the continued exercise of their office in that church, so that, unless reinstalled, they cease to be members of the Session? The Committee recommend that your petitioner be referred to the action of the Assembly of 1878, Minutes, p. 71. (See a, above.) — Adopted 1880, p. 47. 4. The above not Retroactive, and does not Invalidate the Action of the Session. The following resolution, relative to the reinstallation of elders, was adopted : Resolved, That the action of this Assembly on Overtures Nos. 11 and 18, reported on by the Committee on the Polity of the Church, in refer- ence to the reinstallation of elders, is not intended to be retroactive, or in any way to affect the validity of the action of Sessions in which elders, regularly elected but not reinstalled, may have sat as members. — 1880, p. 84. [For Overture ^N"o. 11, see above, under section v.] 548 FORM OF GOVERNMENT. 5. Reinstallation of a Re-elected Elder not Essential to the Validity of his Office, but is more Orderly. a. Overture from the Presbytery of Rochester, asking the Assembly to allow congregations to reinstall re-elected ruling elders or not, according to their usage and discretion. The Committee, referring to the action of the last Assembly on the same subject {Minutes, pp. 47, 84), recommend the following answer: While it is not essential to the validity of his office that a ruling elder, re-elected in a church where the limited-term service prevails, be rein- stalled, it is nevertheless more orderly, that the fact of his re-election be recognized by his reinstallation or in some way equivalent thereto. — Adopted 1881, p. 591. b. Overture from the Central Church of South-east, Presbytery of Westchester, asking for an interpretation of the instructions of the last Assembly regarding the re-installation of re-elected elders. Your Com- mittee recommend the following answer to be given by the Assembly : It was the evident intention of the last Assembly to recommend the rein- stallation of elders when re-elected ; and, to make its intention more definite, the Assembly hereby strikes out of the previous action the phrase, " or in some way equivalent thereto," and adopts it as its answer to their overture. — Adopted 1882, p. 98. 6. Section VIII. has Reference to Elders. Overture from the Presbytery of Westchester, to the following effect : " Does chapter xiii., sec. viii., authorize a church to elect term deacons as well as term elders V Your Committee recommend that the overture be answered in the nega- tive.— Adopted 1883, p. 626. 7. One or Two Elders may be Elected under Sec. VIII. Overture from the Presbytery of Southern Dakota, concerning the con- struction to be placed upon chap, xiii., sec. viii., of the Form of Govern- ment, relating to the election of elders for a limited term : whether, in Home Missionary churches, one or two elders can be elected for a limited term. The Committee recommend the following answer : When from necessity there can be but one elder, for the time being, he may be elected for three years, as provided in chap, xiii., sec. viii., and re-elected at the end of that term ; and the division into classes as provided in that section should take place as the Session can be increased in number. — Adopted 1883, p. 626. 8. The Term must be Three Years, and the Classes Three. Overture from the Presbytery of Erie, asking the following questions : 1. Is a Presbytery right in confirming the action of congregations which elect ruling elders for terms of four and five years ? 2. Must the term of service of elders be only three years ? The Committee recommends the following answer : The Form of Gov- ernment, chap, xiii., sec. viii., provides that ruling elders may be elected for "a limited time in the exercise of their functions pro- vided the full term be not less than three years, and the Session be made to consist of three classes, one of which only shall be elected every year." The provisions of this section cannot be carried out should the elders be elected for a longer or shorter term than three years. — Adopted 1884, p. 114. OF LICENSING CANDIDATES OR PROBATIONERS. 549 CHAPTER XIV. OF LICENSING CANDIDATES OR PROBATIONERS TO PREACH THE GOSPEL. I. The Holy Scriptures require that some trial be previously had of those who are to be ordained to the ministry of the gospel, that this sacred office may not be degraded by being committed to weak or unworthy men ; and that the churches may have an opportunity to form a better judgment respecting the talents of those by whom they are to be instructed and governed. For this purpose Presbyteries shall license probationers to preach the gospel, that after a competent trial of their talents, and receiving from the churches a good report, they may in due time ordain them to the sacred office. [See Digest, pp. 352-402.] 5. Women may not Fulfill the Offices of Public Preachers. In sustaining the Presbytery of Newark as against the appeal of the Rev. I. M. See, the Synod holds that the passages of Scripture referred to in the action of Presbytery do prohibit the fulfilling by women of the offices of public preachers in the regular assemblies of the Church. — 1878, p. 102. [This action of the Synod was sustained by the Assembly. (See above, chap, xii., sec. v.) — If.] II. Every candidate for licensure shall be taken on trials by that Presbytery to which he most naturally belongs, and he shall be con- sidered as most naturally belonging to that Presbytery within the bounds of which he has ordinarily resided. But in case any candi- date should find it more convenient to put himself under the care of a Presbytery at a distance from that to which he most naturally belongs, he may be received by the said Presbytery on his producing testimonials, either from the Presbytery within the bounds of which he has commonly resided, or from any two ministers of that Presby- tery in good standing, of his exemplary piety and other requisite qualifications. [See Digest, pp. 364-366.] 7. Candidates must Connect themselves with the Presbytery to which they Naturally Belong. Overture from the Presbytery of St. Lawrence, asking the Assembly "to enjoin upon candidates for the ministry to retain their connection with the Presbyteries to which they naturally belong by residence and church membership ; also to enjoin Presbyteries not to receive such can- didates unless they have received dismission from the Presbyteries to which they naturally belong, as above specified ; also to enjoin the Board of Education carefully to examine into any such cases, and only in extreme instances to allow the funds of the Board to be paid to candi- 550 FOEM OF GOVERNMENT. dates who do not receive such funds through the Presbyteries to which they naturally belong. The Committee recommends the Assembly to call the attention of the Presbyteries to the Constitution of the Church and to the action of the Assembly of 1872, and to urge them to a more careful observance of the principles then laid down, in order, as far as possible, to secure the ends contemplated in the overture. — Adopted 1884, p. 77. [See Digest, p. 366, par. 6.] III. It is proper and requisite that candidates applying to the Pres- bytery to be licensed to preach the gospel produce satisfactory testimo- nials of their good moral character and of their being regular mem- bers of some particular church. And it is the duty of the Presbytery, for their satisfaction with regard to the real piety of such candidates, to examine them respecting their experimental acquaintance with relig- ion, and the motives which influence them to desire the sacred office. This examination shall be close and particular, and in most cases may best be conducted in the presence of the Presbytery only. And it is recommended that the candidate be also required to produce a diploma of bachelor or master of arts from some college or university, or, at least, authentic testimonials of his having gone through a regular course of learning. [See Digest, pp. 366-397.] c. Candidates must be Members of some Particular Presbyterian Church. Overture from a member of the Presbytery of Whitewater, asking, " May chap, xiv., sec. 3, and first clause of our Form of Government be so construed as to allow a Presbytery to license a member of a Methodist Episcopal, or Congregational, or other Evangelical church, without his first becoming a member of a Presbyterian church ? Or does the expres- sion ' some particular church ' mean some particular Presbyterian church ?" The Committee recommend that, inasmuch as the candidate must be under the care of the Presbytery, and promise to submit himself to its government, the Assembly answer the overture in the negative, and define the phrase " some particular church " to mean some particular Presby- terian church. — Adopted 1874, p. 84. d. Great Caution prescribed in Exceptional Licensures. Overture from the Trustees of Lincoln University in regard to the licensure and the aid of young colored men seeking the ministry. To this overture the Committee recommend the following answer : 1. The General Assembly has no authority to modify the regulations of our Form of Government, in respect to the qualifications of licentiates, so as to make provision for any class of exceptional cases. At the same time, the Assembly recognizes the propriety of the exercise, by Presby- teries, of a wise discretion in their administration of the functions entrusted to them by the Church, in view of the great work to be done by our Church among the colored people in this country. The Assembly specially accords such discretion to those Presbyteries which are providen- tially brought into special relations to that work ; meanwhile, in view of ELECTION OF BISHOPS AND EVANGELISTS. 551 the experience of several years, enjoining upon such Presbyteries the obligation to take great care, lest any incompetent or unworthy men be admitted into the ministry of our Church. — Adopted 1876, p. 72. e. Amendment to Article VI, Sec. IV., Rules of the Board of Education. " If at any time there be discovered in a student such defect in capacity, diligence, and especially in piety, as would render his introduction in the ministry a doubtful measure, it shall be the sacred duty of the Board to communicate without delay the information received to the Education Committee of his Presbytery ; and if, on careful inquiry on the part of the Presbytery, no satisfactory explanation of the defect can be obtained, or if no response be received by the Board from the Presbytery or from their Committee on Education within the current quarter, it shall be the duty of the Board to withdraw their aid altogether." — 1878, p. 49. XL When a licentiate shall have been preaching for a considerable time and his services do not appear to be edifying to the churches, the Presbytery may, if they think proper, recall his license. [See Digest, pp. 401, 402.] 4. Discretion of the Presbytery in Granting and Recalling License. Overture from the Presbytery of Westchester, asking the Assembly to determine, 1. In what way the action of the General Assembly of 1872, in the matter of limiting licenses to preach {Digest, p. 401), shall be applied to those who were licentiates at the time such action was taken. 2. In what sense the words " extraordinary cases," in the action of 1873 on this subject (401), are to be understood. 3. To make an explicit deliverance, as to the powers of the General Assembly over the functions of the Presbytery in granting and continuing licenses to preach the gospel. The Committee recommend the following answer : 1. The action of the Assembly of 1872 requires that all licenses then in force expire in four years from the date of that action. 2. The determination of the sense of the words " extraordinary cases " must be left to the Presbytery, in connection with the circumstances of each case. But it is clear that their reference is to the preparatory studies of the candidates, and not to a class who had only a higher usefulness, and not the ministry, in view. 3. The Assembly has no power over the functions of the Presbytery in granting and continuing licenses, save that of review and control. — Adopted 1874, pp. 81, 82. CHAPTER XV. OF THE ELECTION AND ORDINATWN OF BISHOPS OR PASTORS AND EVANGELISTS. IV. On the day appointed, the minister invited to preside, if he be present, shall, if it be deemed expedient, preach a sermon ; and after sermon he shall announce to the people that he will immediately 552 FORM OF GOVERNMENT. proceed to take the votes of the electors of that congregation for a pastor, if such be their desire, and when this desire shall be expressed by a majority of voices, he shall then proceed to take votes accord- ingly. In this election no person shall be entitled to vote who refuses to submit to the censures of the Church regularly administered, or who does not contribute his just proportion according to his own engagements or the rules of that congregation to all its necessary Expenses. [See Digest, pp. 404, 405. For answer to the question, Who may mod- erate the Session in the absence of a minister ? see Form of Government, chap, ix., sec. iv., 2, a, b, c; Digest, pp. 126, 127. — MJ] d. All Communicant Members have Bight to Vote in Electing a Pastor. Overture. — A resolution referred to them by the General Assembly: Resolved, That it is the judgment of the General Assembly that all members of the church in full communion have the right to vote in the election of Pastor in the congregation with which they are connected. The Committee recommend that the resolution be affirmed, subject to the conditions mentioned in sec. iv., chap, xv., of the Form of Govern- ment.— Adopted 1879, p. 630. [See Digest, p. 405, b, c] IX. The call, thus prepared, shall be presented to the Presbytery under whose care the person called shall be ; that if the Presbytery think it expedient to present the call to him, it may be accordingly presented, and no minister or candidate shall receive a call but through the hands of the Presbytery. 1. The Presbytery may Refuse to Permit a Call. a. The unfinished business of yesterday — viz. : an appeal from a decision of the Synod of Philadelphia, affirming a decision of the Presbytery of Carlisle, in which decision the Presbytery resolved not to put into his hands a call for the Rev. Henry R. Wilson from the congregation of Car- lisle — being resumed and fully discussed, it was Resolved, That the decision of the Synod of Philadelphia be affirmed. And it was accordingly affirmed. — 1814, p. 548. b. The business left unfinished yesterday was resumed — viz. : the consid- eration of the appeal of the Presbytery of Hudson from a decision of the Synod of New York and New Jersey, reversing a decision of said Pres- bytery, by which the Presbytery determined not to give leave to the con- gregation of Goodwill to prosecute before the Presbytery of New York a call which they had prepared for the Rev. William Gray, a member of that Presbytery. It was moved and seconded that the appeal of the Presbytery of Hud- son be sustained. After a full discussion of the subject, the question being taken on this motion, it was determined in the affirmative, and the appeal was therefore sustained. — 1817, p. 644. c. No. 1 is an appeal and complaint of the Rev. Mr. Edgar from the action of the Synod of Erie, sustaining the action of the Presbytery of Clarion in refusing to put a call from the church of Collinsbu rgh into his hands. The Judicial Committee recommend that, as the General Assem- OF RESIGNING A PASTORAL CHAEGE. 553 bly have repeatedly decided that Presbyteries have discretionary power in such cases (see Digest, pp. 548, 549), which decisions are clearly in accordance with the Form of Government (see chap, xv., sec. ix.), there- fore, the appeal and complaint be dismissed. — Adopted 1875, p. 510. [See Book of Discipline, chap, ix., sec. iv., sub-sec. xcv.] XV. As it is sometimes desirable and important that a candidate who has not received a call to be the pastor of a particular congrega- tion should, nevertheless, be ordained to the work of the gospel min- istry, as an evangelist, to preach the gospel, administer sealing ordi- nances and organize churches in frontier or destitute settlements ; in this case the last of the preceding questions shall be omitted, and the fol- lowing used as a substitute, namely : Are you now willing to undertake the work of an evangelist ; and do you promise to discharge the duties which may be incumbent on you in this character as God shall give you strength? [See Digest, pp. 412, 415.] 7. Evangelists may not Ordain Ministers. [See chap, x., sec. viii.; iii., 2, 1882, pp. 96, 97.— if.] 8. Nor Organize a Church within the Limits of a Presbytery with- out Leave of that Presbytery. No church shall be organized by a missionary within the limits of any Presbytery, unless authority has previously been obtained from the Pres- bytery.— 1883, p. 644. CHAPTER XVI. OF TRANSLATION OR REMOVING A MINISTER FROM ONE CHARGE TO ANOTHER. I. No bishop shall be translated from one church to another, nor shall he receive any call for that purpose, but by permission of the Presbytery. [See for the whole Chapter, Digest, pp. 416-419.] CHAPTER XVII. OF RESIGNING A PASTORAL CHARGE. When any minister shall labor under such grievances in his con- gregation as that he shall desire leave to resign his pastoral charge, the Presbytery shall cite the congregation to appear by their commis- sioner at their next meeting to show cause, if any they have, why the 70 554 FORM OF GOVERNMENT. Presbytery should not accept the resignation. If the congregation fail to appear, or if their reasons for retaining their pastor be deemed by the Presbytery insufficient, he shall have leave granted to resign his pastoral charge, of which due record shall be made; and that church shall be held to be vacant till supplied again in an orderly manner with another minister; and if any congregation shall desire to be released from their pastor, a similar process, mutatis mutandis, shall be observed. [See Digest, pp. 419-421.] The Rule should be strictly Observed and Enforced. Overture. — The Committee have had before them an overture on " The Perils of a Degraded Ministry." The title is infelicitous, and fails to present the true design of the paper, which sets forth the well-known difficulties that attend the loose notions prevailing in regard to the per- manence of the pastoral relation and the mutual obligations of pastor and people. There are many statements in the overture which deserve attention, and might be properly spread before the churches in the form of a tract or other publication. The Committee would, however, recom- mend the following answer: Whereas, The frequent dissolution of the pastoral relation is a growing evil in our Church, arising largely out of the loose opinions which prevail as to the relation of pastor and people, and the influence of men who regard more the financial than the spiritual interests of the Church ; therefore, Resolved, 1. That the Presbyteries be reminded of the necessity of giving clear and full instruction on the subject at the time of the installa- tion of pastors. 2. That article xvii. of our Form of Government, in its spirit and letter, should be strictly observed by all our pastors and churches, and that our Presbyteries be enjoined to seek its rigid enforcement. — Adopted 1880, p. 77. CHAPTER XVIII. OF MISSIONS. When vacancies become so numerous in any Presbytery that they cannot be supplied with the frequent administration of the word and ordinances, it shall be proper for such Presbytery, or any vacant con- gregation within their bounds, with the leave of the Presbytery, to apply to any other Presbytery, or to any Synod, or to the General Assembly for such assistance as they can afford. And when any Presbytery shall send any of their ministers or probationers to distant vacancies, the missionary shall be ready to produce his credentials to the Presbytery or Presbyteries through the bounds of which he may pass, or at least to a committee thereof, and obtain their approbation. And the General Assembly may of their own knowledge send missions to any part to plant churches, or to supply vacancies, and for this pur- OF MISSIONS. 555 pose may direct any Presbytery to ordain evangelists or ministers without relation to particular churches, provided always that such missions be made with the consent of the parties appointed, and that the judicatory sending them make the necessary provision for their support and reward in the performance of this service. [See Digest, pp. 422-459.] I. BOARD OF HOME MISSIONS. 2. Principles, Rules. 1. Within the bounds of a Presbytery the work of the Board of Home Missions should be carried on in harmony with the Presbytery, according to the principles and rules hereinafter stated ; but a discretion should be allowed to the Board in outlying districts, where direct Presbyterial con- trol is difficult or impracticable. 2. The Board should not, in ordinary cases, decline to grant an appro- priation recommended by a Presbytery, unless, in its judgment, after viewing the whole field to be supplied, it shall appear that the funds at its disposal are all needed for more deserving or more promising work ; and whether it does thus appear must be determined by the Board. But in all questions touching the organization of churches or the char- acter of ministers the Board, in case of difference between itself and the Presbytery, should abide by the final judgment of the Presbytery. 3. The formal issuing of commissions should be discontinued, and in lieu thereof the Board shall issue to the missionary an agreement for the amount to be paid to him. . 4. Synodical missionaries should hold to the Board the same relation as other missionaries whose support is provided, in whole or in part, by the Board, and their work shall be conducted in harmony with the interests of the Synod and of the Board. 5. No church shall be organized by a missionary within the limits of any Presbytery, unless authority has previously been obtained from the Presbytery. 6. Each Synod shall appoint a Home Missionary Committee, to consist of the chairmen of the Presbyterial Committees within its bounds. The Committee shall meet annually, near or during the meeting of the Synod. It shall be the duty of the Committee to ascertain, as nearly as possible, the whole number of churches and missionary fields needing aid within the bounds of the Synod, and, as nearly as possible, equalize the salaries of missionaries in the Presbyteries. They shall ascertain the amount it will be fair to expect for the work of home missionaries from the churches of the Synod, and, as nearly as possible, determine the amount of aid that will likely be asked for the support of missionary work within the bounds of the Synod. The Committee shall confer, when practicable, with the representatives of the Board. These Synodical Committees shall, as soon as possible after the meetings of the Synod, report to the Board the necessities of the fields, and the probable amount of money required, together with the probable contributions from the Synods to the Board. The reports of these Synodical Committees shall be sent every year to the Assembly, and be referred, either to a special committee, or to the Standing Committee of the Assembly on Home Mis- sions. The Committee, after considering the wants of tile whole field, as they shall be set forth in the reports from the various Synods, shall make 556 FORM OF GOVERNMENT. their report to the Assembly, with such recommendations as the exigencies of the work may seem, in their judgment, to require. — 1883, pp. 643, 644. 3. The School "Work: Women's Executive Committee. a. The organization of our Christian women in several of our large cities, with auxiliaries in a large number of the churches, in behalf of Foreign Missions, has infused new life into the work for the heathen, and has brought large increase to the resources of that excellent Board, with- out diminution of other contributions. To some extent, such societies have also helped forward the cause of Home Missions, both in money, and in sending boxes of clothing to the families of missionaries. Memo- rials have reached the Committee from different parts of the Church, ask- ing for some more effective plan of woman's work for the evangelization of our own land. We beg leave to suggest that the Assembly now recommend the organization of a Woman's Home Missionary Society, with auxiliary societies, under the advice and counsel of the Board of Home Missions, or its officers. And, further, that the formation of distinct auxiliary societies be recommended, in those churches in which this course may be deemed expedient, and that in those in which one society only — embracing, if possible, all the ladies in the church — may seem best, the disposition of its funds be left to the determination of every such society for itself. Such recommendation, without restricting the liberty of the women of each congregation, will express the clear judgment of the Assembly, that home evangelization and the conversion of the heathen are one and the same work of the Lord. In the distinc- tion and the blending this is but following the Master, who said, " But ye shall receive power after that the Holy Ghost has come upon you ; and ye shall be witnesses unto me both in Jerusalem, and in all Juclea and in Samaria, and unto the uttermost parts of the earth." — Adopted 1875, p. 489 ; 1878, p. 110. b. The report of the Board, and also the overtures from the Presby- teries of Utah and Colorado, present for the consideration of the Assem- bly a subject which, so far as the work of this Board is concerned, is entirely new — viz., the establishment of schools as distinct from, and in advance of, the establishment of churches, and, consequently, the employ- ment and commissioning of teachers as distinct from ministers of the gos- pel. The report and the overtures inform us that such schools are already in operation through the use of funds specially contributed for the purpose, and the Assembly are asked to " authorize or advise, or at least approve, this new department of labor." In the progress of Home-Mission work an emergency has arisen, calling for a change of action on part of the Board in the peculiar states of society in the Territories of Utah and New Mexico, and in a limited degree in the work already carried on among the Indians. The Home Board is the only one that does, or is likely to do, anything in either of the Territories mentioned. The work is peculiar, arising from the utter absence of anything like a true Christian population to which the work of Home Missions can at first come. In these Territories, we must begin at the very bottom ; and it is found practically necessary, in order to success, to have schools under direct conduct of the missionaries. Such schools care not for secular instruction alone, but for religious instruction in connection with direct gospel instruc- tion. These schools should not be left uncontrolled ; and it seems eminently desirable that the Board control them. We would recommend, then, that the Board be allowed to sustain such schools by the payment of the of missions. 557 teachers needed ; such teachers to be recommended by the Presbyteries in which they are, and commissioned by the Board. It is expected that the funds for such schools will be raised by ladies mainly. — Adopted 1877, p. 513. c. The Woman's Executive Committee of Some Missions, We call the attention of the Assembly to the fact that, according to their advice, a " Woman's Executive Committee of Home Missions of the Presbyterian Church " has been formed, having its office and treasurer in New York.— 1879, p. 594. [See Eeport Board of Home Missions, 1879, pp. 678, 679 ; 1881, p. 531.] d. Relations of the Boards of Some and Foreign Missions to the Work in the Indian Territory, and among the Chinese in the United States. The Special Committee appointed on the Relations of the Boards of Home and Foreign Missions to the work in the Indian Territory and among the Chinese in the United States {Minutes 1884, p. 94), made its report, which was adopted and is as follows : The subject of the relations of the Boards of Home and Foreign Mis- sions to the work in the Indian Territory and among the Chinese in the United States, was referred by the General Assembly of 1884 to the two Boards, and by them to a Special Committee. This Committee, which was composed of three members of each Board, met in conference with the secretaries, and then in private session, and reached the following con- clusions : It was evident to the Committee that the general policy of our Church has regarded pagan or heathen tribes, and the representatives of such nations resident in the United States, as the especial charge of the Board of Foreign Missions. This Board, originally organized for such work at home and abroad, has the experience and the methods which are peculiarly adapted to the evangelization of an idolatrous people. For many years the work has been efficiently prosecuted, until now its success is manifest in a public sentiment which is demanding citizenship for the Indians and* education for the Chinese. The Indians are rapidly coming to an appre- ciation of the necessity and the privilege of Christian modes of life. In villages and towns they are beginning to welcome the missionary and teacher, who will instruct them in the English language. The time can- not be distant when these tribes will all cease to be regarded as aliens or foreigners. Already in certain instances this desirable result has been reached. Located within the bounds of Presbyteries, they have churches and schools, and are practically under the supervision of the judicatories of our Church. They no longer make an appeal as pagan or heathen populations, but naturally look to the Board of Home Missions for coun- sel and aid. In view of these circumstances, which are gratefully recog- nized as an evidence of God's blessing upon the labors of the past, the Committee agreed to recommend that — Where work is done by the Board of Foreign Missions among the Indians on the fixed basis of the tribes and in their own language, no change be made ; but that all other work among the Indians, where only the English language is employed, be under the care of the Board of Home Missions, and that local details be under the direction of the Pres- byteries, thus carrying out, so far as possible, the declared wishes of the General Assembly as to giving the Indians the privileges of citizenship. With a recognition of the general policy already stated, it was not deemed wise to disturb the present arrangements respecting the evangeli- 558 FORM OF GOVERNMENT. zation of the Chinese in the United States. They must still be addressed as a pagan or heathen people, who have never exhibited a desire to settle among us. Coming largely from the vicinity of Canton, and using the Cantonese dialect, they can be advantageously reached by the Board of Foreign Missions, which has missionaries and agencies in China. They are chiefly resident beyond the Rocky Mountains, where the San Fran- cisco mission, looking directly out upon Asia, exerts a wide influence. In the towns and cities of the East they are accessible to Christian effort, which may be exerted by churches or individuals. Therefore, with refer- ence to their interests, the Committee decided upon the adoption of the following minute : The general work among the Chinese in the United States shall con- tinue under the direction of the Board of Foreign Missions, with the expectation that local churches will care for the representatives of this race who may be within their bounds, as a part of their parish work. All of which is respectfully submitted. Approved by the Board of Home Missions at its meeting held March 24, 1885. - O. E. Boyd, Recording Secretary. Approved by the Board of Foreign Missions at its meeting held April 6, 1885. F. F. Ellinwood, Recording Secretary. —1885, pp. 595-597. IV. THE BOABD OF PUBLICATION. [See Digest, pp. 433-441.] 10. Relations of the Missionary and Publishing Departments. a. The report of the Special Committee on the Missionary Department of the Board of Publication was then taken up and adopted. The report is as follows : The Committee appointed by the General Assembly of 1881 to consider and report to the next General Assembly what changes and measures, if any, are needed in order to increase the work and efficiency of the Mis- sionary Department of the Board of Publication, would respectfully sub- mit the following report : [See report in full, Minutes 1882, pp. 73-80. The action recommended and adopted is as follows : — M.'] 1. That the General Assembly instruct the Board of Publication to maintain a separation as complete as practicable between the Publishing and the Colportage Departments in their business affairs; so that the relation between the two, in this respect, shall be the same as between the Publishing Department and any other purchaser — the terms of sale to the Colportage Department to be as favorable as those offered to any other purchaser. 2. The Publishing Department is to employ all legitimate agencies which shall promote the sale of its publications, and not be required to assume, in whole or in part, the support of any office or agency which it does not feel justified in assuming because of its commercial value. It is to keep in view the important object of furnishing its publications at the lowest possible cost ; and all advantages which it may possess, by virtue of the capital placed at its disposal, are to bear fruit chiefly in the lower price and consequent wider diffusion of its publications. 3. The Board shall present to the General Assembly a yearly statement OF MISSIONS. 559 of the expenses of the Publishing Department, and also a statement of its profits, in such a manner that it shall be made to appear, (1) whether any reduction in the price of its publications is practicable, and (2) what sum this department may yield, year by year, for Sabbath-school work and colportage, or other missionary purposes. 4. That the work of colportage, including the selection and appoint- ment of colporteurs, shall be under the exclusive supervision of the cor- responding secretary and the appropriate committee of the Board, who shall be allowed adequate clerical aid. No colporteur, however, shall be sent to labor within the bounds of any Presbytery, unless first recom- mended by the Presbytery or its appropriate committee. 5. In pursuance of this policy of giving greater unity of management . to the work of colportage, the office of Superintendent of Missionary Work shall be abolished, and its duties transferred to the Corresponding Secretary. District superintendents also are not to be maintained by the Board, except where it judges that they are called for on business grounds; in which cases they are to be sustained by the Publishing Department. 6. The funds necessary for the maintenance of the Missionary Depart- ment are to be sought, as now, directly from the churches, as a benevolent gift. From these funds the Board shall provide for the entire salary of the Secretary of Sabbath-school Work, and so much of the salary of the Corresponding Secretary as is not provided for by an express arrange- ment of the Publishing Department, with their expenses ; also for the salaries of the colporteurs, the grants of books, etc., which it shall allow ; and for the other expenses of the Missionary Department. 7. That, in the instructions of the Missionary Department to the col- porteurs, the main emphasis is to be laid upon the work of religious visita- tion, and the Sabbath-school work expected from them among the spirit- ually destitute ; and that the selling of books, while still continued, so far as it can be usefully done, is to be in all cases subordinated to these more directly benevolent and religious labors. 8. That the Board be directed to invite correspondence through its Missionary Department with our pastors, and especially with our mission- aries, to secure voluntary help in the wider diffusion of our literature ; and that, in pursuance of this policy, it be directed to make grants of books and other publications with all possible liberality whenever satisfied that those making application for such grants will use them wisely for the benefit of the religiously destitute and will report to the Board the man- ner in which they are used. — 1882, pp. 77, 78. 12. The Sabbath-school Work of the Board. [See Digest, pp. 440, 441, 1871, p. 524; 1872, p. 20; Directory for Worship, chap, i., sec. vi.] a. Resolved, That the Board of Publication shall continue as at present, with a collection from the churches for its missionary work. The department having this work in charge shall be separately consti- tuted, and shall keep a distinct account with the Board. It shall be its duty to disseminate the publications of the Board by donations to minis- ters and to needy churches, and by sale through its appointees, who shall be called the missionaries of the Board of Publication, and who shall be appointed, subject to the approval, and shall be under the control, of the Presbyteries. It shall also supervise the whole Sabbath-school work of the Church, in connection with the Presbyteries ; and it shall aim to lift this important 560 FORM OF GOVERNMENT. agency of Christian evangelization into the prominence and efficiency which it deserves, and which the great needs of our own country have so largely called for at the present time. And, furthermore, in addition to the amount appropriated by the Board from the collections made by the churches, it shall receive and apply donations specifically designated for the Sabbath-school work. — 1874, p. 31 ; 1876, p. 38 ; 1877, p. 526. b. First. That the pastors, Sessions, and people of our several congrega- tions be affectionately and earnestly urged to appreciate the value of the Christian literature supplied by this Board, to procure for their families and Sabbath-schools a supply of the same, and to contribute more liberally to its missionary and colportage funds, so that its publications may be more widely distributed, and the indigent be gratuitously supplied. Second. That the Assembly recognize with peculiar gratification and approval the missionary and Sabbath-school work of the Board, and recommend to all our Presbyteries, Sessions and people, and especially to our Sabbath-school laborers, to co-operate with the Board in this branch of its work, and, with a spirit loyal to our own denomination, to prefer the publications and missionaries of our own to those of other organizations. And the editors of our publications are urged to continue to make them as lively and attractive as those issued by other houses. Third. That the Assembly approve of the appointment of Rev. James A. Worden as superintendent of Sabbath-school work, and anticipate much benefit from the judicious performance of the functions of that office. Fourth. That it be earnestly requested of the Sabbath-schools of our Church to contribute at least once every year to the Sabbath-school Mis- sionary Department of this Board. Fifth. That the Assembly solemnly remind the churches in our connec- tion that church discipline, in the scriptural sense, includes not only the reformation of offenders and the removal of scandals, but also the pre- vention of offences by the proper instruction and training of the children of the Church in knowledge and godliness ; and that to this end it is the duty of the pastor and Sessions to take authoritative supervision of the instruction of youth, so far as to see to it that the baptized children of the Church are properly educated in the family and the Sabbath-school — so that the Sabbath-school exercises shall be considered a part of church work, and the children be more distinctly recognized and treated as belonging to the congregation of the Lord ; and, with a view to this, it is recommended that in all of our Sabbath-schools superintendents be chosen or appointed subject to the approval of the church Session. That the pastor and Session visit, encourage, and if need be work in, the Sabbath- school, and that, in congregations where the Shorter Catechism is neglected, it be introduced and used with due prominence. Sixth. That it is recommended that each Presbytery appoint a commit- tee or a Presbyterial superintendent, whose duty it shall be to oversee and encourage, as far as may be, the Sabbath-schools in the bounds of the Presbytery, and especially to take order for collecting and transmitting to the general superintendent the statistics of each school ; and, with a view to this part of the work, the general superintendent is requested to furnish blank statistical tables. — 1878, pp. 25, 26. c. Normal Class Instruction. 4. That we hereby renew the deliverance of former Assemblies, in asserting the right and duty of Sessions to exercise authoritative supervision of the Sabbath-school work of their congregations. OF MISSIONS. 561 5. That it is recommended that each Presbytery appoint a Sunday- school Committee, which shall collect and tabulate at the spring meeting of the same, and transmit to the General Superintendent of Sunday-school work statistics of each school ; and this committee shall also supervise and direct its general Sunday-school work within the bounds of the Presby- tery. Also that the Superintendent be directed to furnish blanks for the use of Sunday-school statistics. 6. That every Sunday-school be earnestly requested to contribute lib- erally to the Missionary Department of this Board, to aid its Sabbath- school mission work. 7. That the Assembly approve the action of the Board in preparing a three-years' course of Normal Class Instruction, and the lists of subjects announced for the first year to the Assembly at its annual Sabbath-school meeting, last evening, and earnestly recommend the formation of normal classes w x herever practicable. — 1879, p. 558 ; 1881, p. 555. d. Secretary of the Sabbath-school Work. That he (Rev. James A. Worden) be appointed by the General Assem- bly " Secretary of the Sabbath-school Work of the Board," and that his salary be derived from the same sources as that of the other secretaries. — 1880, p. 27. e. Standing Committee of the Board on Sabbath- school Work. That the Board be directed to appoint, from their own number, a Standing Committee of seven, to advise and consult with the Secretary of Sabbath-school Work.— 1881, p. 555. /. Bible Correspondence School. The General Assembly approves the proposed organization of the Board, through its Secretary, of the Bible Correspondence School, in the interest of the better training of teachers. — 1883, p. 616. 13. Blanks Printed by the Board to be Approved by the Proper Authority, and so Endorsed. Overture from the Presbytery of New Brunswick respecting blanks for reports of the work of the Assembly. Answer. That the Board of Publication is directed, in printing blanks, to submit them to the approval of that officer of the Church who is spe- cially responsible for the same, and, in particular, that the blanks for con- gregational and presbyterial statistics be approved by the Stated Clerk of the General Assembly. The Board is also directed to print upon the blanks, in fine type, the authority approving the publication. — Adopted 1885, p. 625. V. THE TEUSTEES OF THE CHURCH EEECTION FUND. [See Digest, pp. 442 and 448.] VI. THE BOARD OF MINISTERIAL RELIEF. [See Digest, pp. 448-451.] 3. The Board Constituted. The Board of Ministerial Belief shall consist of twelve members, the secretary and treasurer being added as members, ex officio ; five members to constitute a quorum. 71 562 FORM OF GOVERNMENT. Members of the Board. — Rev. Villeroy D. Reed, D. D., Rev. Elias R. Beadle, D. D., LL.D., Rev. Charles A. Dickey, D. D., Rev. Henry E. Niles, Rev. J. H. Mason Knox, D. D., Rev. J. Frederick Dripps, John C. Farr, William G. Crowell, George Junkin, Esq., Samuel Hood, Esq., William E. Tenbrook, Robert Cornelius; Rev. George Hale, D. D., Corresponding Secretary; Mr. Eugene G. Woodward, Treasurer. The new Board were instructed to meet at Philadelphia, June 20th, for the purpose of organizing and taking the necessary steps looking to their incorporation under the laws of the State of Pennsylvania. — 1876, p. 63. 4. The Charter Obtained. Your Committee call attention to the fact that, in pursuance of the action of the last General Assembly (see Minutes of the General Assembly, 1876, p. 63), the late " Relief Committee " have been changed into " The Presbyterian Board of Relief for Disabled Ministers and the Widows and Orphans of Deceased Ministers," and a proper charter obtained from the legal authorities of the commonwealth of Pennsylvania. A copy of this charter is found in the annual report of the Board, pp. 15-17. The Board ask the attention of the General Assembly (see Report, p. 11) to a requisition of the charter that this General Assembly shall, at its present meeting, elect twelve directors, in three equal classes, to serve respectively for one, two, and three years, and until their successors shall be elected.— 1877, p. 557. The Charter. Whereas, " The General Assembly of the Presbyterian Church in the United States of America " has heretofore held and administered a fund for the relief of its disabled ministers and the needy widows and orphans of its deceased ministers, through a committee of its Board of Trustees ; And whereas, At meetings of said General Assembly, held at Brooklyn, in the State of New York, on May 29th and 31st, 1876, it erected a Board of Ministerial Relief, and directed said Board to adopt suitable measures to obtain a proper charter from the legal authorities of the Commonwealth of Pennsylvania; Now, in pursuance of said direction, the subscribers, composing said Board, adopt the following as the articles of said charter, viz. : I. The name of the Corporation shall be " The Presbyterian Board of Relief for Disabled Ministers and the Widows and Or- phans of Deceased Ministers." II. The purpose for which this corporation is formed is to receive, hold and disburse such real and personal estate as may be given to it for the relief and support of disabled ministers and the needy widows and orphans of deceased ministers of the said Church. III. The place where its business is to be transacted is the city of Philadelphia, in the State of Pennsylvania. IV. The term for which it is to exist is in perpetuity. V. The number of its directors for the first year, expiring in May, 1877, shall be twelve, and the corresponding secretary and treasurer, whose names and residences are as follows, viz. : Villeroy D. Reed, Camden, New Jersey. Elias R. Beadle, Philadelphia, Pennsylvania. Charles A. Dickey, Philadelphia, Pennsylvania. Henry E. Niles, York, Pennsylvania. J. H. Mason Knox, Bristol, Pennsylvania. J. Frederick Dripps, Philadelphia, Pennsylvania. OF MISSIONS. 563 John C. Farr, Philadelphia, Pennsylvania. William G. Crowell, Philadelphia, Pennsylvania. George Junkin, Philadelphia, Pennsylvania. Samuel Hood, Philadelphia, Pennsylvania. William E. Tenbrook, Philadelphia, Pennsylvania. Robert Cornelius, Philadelphia, Pennsylvania. George Hale, Pennington, New Jersey, Corresponding Secretary. Eugene G. Woodward, Philadelphia, Pennsylvania, Treasurer. VI. The business of the corporation shall be managed by a Board of Directors, consisting of twelve, and the corresponding secretary and treas- urer, who shall be ex officio members, and of whom five shall be a quorum, and such officers and committees under its supervision as it may elect and appoint. The said General Assembly shall, at its next annual meeting, in May, 1877, elect twelve directors in three equal classes, to serve respectively for one, two and three years, and until their successors shall be elected ; and at each annual meeting thereafter shall elect four persons to serve as directors for three years and until their successors shall be elected, and shall fill all vacancies that may exist in the Board. At least one person in each class, and on each annual election, shall be a citizen of the Commonwealth of Pennsylvania, VII. The officers of the Board shall be a president, vice-president, cor- responding secretary, recording secretary and treasurer, who shall be elected by the Board by ballot at the annual meeting which shall be held during the month next succeeding the annual meeting of the General Assembly, and whose duties shall be defined by the by-laws. VIII. All the business of the corporation shall be conducted by the Board under and subject to the direction of the said General Assembly, and in accordance with the laws of the Commonwealth of Pennsylvania and of the United States of America. The foregoing charter was obtained on October 21, 1876, under the act of the Legislature of Pennsylvania of 29th April, 1874, and on the same day was recorded in the office of the Recorder of Deeds for the city of Philadelphia, in Charter Book No. 3, page 186, etc. The act aforesaid provides that a corporation created under it shall have the following powers (Brightly 's Digest, 1839) — viz. : " I. To have successors by its corporate name, for the period limited by its charter ; and when no period is limited thereby, or by this act, per- petually : subject to the power of the General Assembly under the Con- stitution of this Commonwealth. " II. To maintain and defend judicial proceedings. "III. To make and use a common seal, and to alter the same at pleasure. " IV. To hold, purchase and transfer such real and personal property as the purposes of the corporation require, not exceeding the amount lim- ited by its charter or by law. " V. To appoint and remove such subordinate officers and agents as the business of the corporation requires, and to allow them a suitable com- pensation. • " VI. To make by-laws, not inconsistent with law, for the management of its property, the regulation of its affairs and the transfer of its stock. "X. Each of the said corporations may hold real estate to an amount the clear yearly value or income whereof shall not exceed twenty thousand dollars." 564 FORM OF GOVERNMENT. VII. THE BOAKD OF MISSIONS FOE FKEEDMEN. [See Digest, pp. 451, 452.] 2. Authorized to Apply for a Charter. a. The Committee is hereby authorized to apply to the civil authorities in Pennsylvania for a charter, under a corporate name to be suggested by the Committee. The charter, if obtained, should be laid before the next General Assembly, together with a plan of organization under the same. —1882, p. 32. 3. The Charter Obtained. Acting under this resolution, the Committee has been incorporated under the name of " The Presbyterian Board of Missions for Freedmen of the Presbyterian Church in the United States of America." The charter, together with the plan of organization under the same, has been submitted to your Committee and found in order. — 1883, p. 592. 4. Relative Duties and Authority of the Board and the Presbyteries. Overture No. 2. — From the Presbytery of Washington City, asking the Assembly to define the relative duties and authorities of the Freedmen's Board and the Presbyteries, in relation to the freedmen churches under their care. Your Committee recommend : That all operations of the Board, within the bounds of any Presbytery, should be originated and conducted with due recognition of the Presbytery and its agencies, according to the fol- lowing specifications : 1. While appropriations of aid to churches are to be made on the recommendation of Presbyteries, the Assembly regards the Board as hav- ing the right to refuse or modify such appropriations ; but in every case of refusal or modification, the Board shall promptly present to the Pres- bytery a written statement of the reasons for so doing. 2. In questions touching the organization of churches, or the charac- ter of ministers, the Board, in case of differences between the Presbytery and itself, should abide by the final judgment of the Presbytery. 3. In the establishment and maintenance of schools, the Board should carefully consider the recommendations of the Presbytery ; but should act finally on its own judgment. The recommendations of the Committee were adopted. — 1884, p. 48. VIII. THE SUSTENTATION FUND. [See Digest, pp. 452-455.] 2. Sustentation Committed to the Board of Home Missions. The Board of Home Missions shall be located in the city of New York. It shall employ but one treasurer, who shall, if required, receive funds for distribution among the Boards of the Church, according to the proportion settled by the General Assembly ; and it shall engage such official and clerical atd as may be needed for the efficient prosecution of its work. This work of the Board shall be divided into two departments — that of Home Mission, and that of Sustentation. The claims of each of these departments shall be presented to the churches for a separate collection. Each collection shall be applicable to its own department exclusively, and OF MISSIONS. 565 the churches are hereby directed to contribute to each ; and the Home Board is hereby ordered so to alter its rules as to adopt and operate the Sustentation scheme in all cases to which it applies, subject only to such modification as the Assembly itself may hereafter direct. The churches now or hereafter connected with the Home Board shall be required to come under the scheme of Sustentation just so soon as, in the judgment of their respective Presbyteries, they are able. As a rule of the Board, no church should be continued under the Home Mission department for a period of more than five years, unless for special reasons satisfactory to its Presbytery. And every church aided by the Home Board shall con- tribute annually to each cause, for which collections are recommended by the Assembly. And it is also ordered by the Assembly, that the pecuniary obligations of the Committee of Sustentation shall be and hereby are transferred to, and shall be liquidated by, the Board of Home Missions, out of the funds contributed for the work of Sustentation, specially provided for such obligations. — 1874, p. 44. [See also 1875, pp. 490, 491, and 1876, pp. 60, 61.] 3. The Plan of Sustentation Pastorates and Mission Charges, as Adopted in 1878. I. The separate departments of the Board shall be discontinued, and the two treasuries consolidated. II. The churches receiving aid from the Board shall be divided into two classes, to be called respectively Sustentation Pastorates and Mission Charges. III. The conditions necessary to a Sustentation Pastorate are as fol- lows: 1. The regular constitution of the pastoral relation according to the Form of Government of the Presbyterian Church. 2. The taking of annual collections for all the Boards, according to some systematic plan. 3. The contribution of not less than $600 in money towards the annual salary of the pastor, such contribution to average not less than $6.50 for each church member. 4. Upon the agreement of the church to the foregoing conditions, and upon the recommendation of the Presbytery — such recommendation being adopted in accordance with the report of the Presbyterial Committee on Home Missions, and accompanied, at each renewal, with the certificate that the foregoing conditions on the part of the church have been ful- filled — the Board shall supplement the salary, so as to make it at least $900. Provided, That, in cases where there is a parsonage occupied by the pas- tor, the annual rent value of it, estimated by the Presbyterial Committee on Home Missions, shall be deducted from the amount paid by the Board ; and Provided, Also, that no aid shall be granted, if, in the judgment of either the Presbytery or the Board, the constitution or continuance of a Sustentation Pastorate will jDrevent the grouping of churches which ought to be united in the support of a minister. 5. Two or more contiguous churches may be united in a Sustentation Pastorate upon the same condition — that is to say : the minister must be installed as pastor in each church; each church shall take annual collec- tions for all the Boards, and together they shall contribute, at the rate of 566 FORM OF GOVERNMENT. not less than $6.50 per member, toward the annual salary of the pastor ; and the aggregate contributions of the united churches toward the salary shall not be less than $600. IV. The conditions necessary to a Mission Charge are as follows : 1. It may consist of one or more churches. 2. The minister must be a member of the Presbytery to which the church or churches belong. 3. Every church receiving aid shall take annual collections for all the Boards. 4. The application to the Board shall be recommended by the Presby- tery, upon the report of its Committee on Home Missions ; and every renewal of the application must be accompanied with a certification that the above conditions have been fulfilled, and that the promises of the peo- ple in regard to the support of the minister have been performed. 5. The amount of aid to Mission Charges to be determined, as hitherto, by the Presbytery and the Board. V. Presbyteries shall require of churches renewing applications for aid an annual decrease in the amount asked for, whenever such decrease is practicable ; and no church shall receive aid, in either of the above classes, for a longer period than five years, except in special cases to be agreed upon by the Presbytery and the Board. VI. The vote in the Presbytery, on the question of recommending any church for aid, shall be taken by ballot, and the fact that it has been so taken shall be reported to the Board. VII. The Board of Home Missions shall continue as heretofore to commission missionaries to new and destitute fields where churches have not yet been organized. — 1878, pp. 44, 45. IX. COMMITTEE ON BENEVOLENCE AND FINANCE. [See Digest, pp. 455, 456. Discontinued 1874, p. 45.] 2. Permanent Committee on Systematic Beneficence. [The Standing Committee on Benevolence presented the following resume of the action of the Assembly since 1871. — M^\ : The history of the acts and doings of the General Assembly on this subject is instructive and worthy of review, as showing how this matter has pressed on the conscience of the Church, and how deep is the interest which she feels and has felt in it. In 1871 the Committee of Benevolence and Finance was called into existence, in order to systematize and develop the liberality of our Church. It sent in its first annual report in 1873, and was discontinued in 1874. This Committee, we think, did much good in stimulating liberality, and in giving prominence to new and better ideas of consecration and self- sacrifice as a law of Christ's kingdom. And the Assembly, in the reports of the Standing Committees of 1873 and 1874, paid a merited tribute to its value, and showed the sincerity of its conviction, by creating another agency to take its place. There were several features in this Committee that made it obnoxious to many. Its " central treasury " feature was very objectionable ; its apportionment of funds to the several Boards seemed to rest on no clear and well defined principle, and was unsatisfac- tory ; and it was considered by many as needlessly complicating the machinery of the Church. This was immediately followed, in 1874, by a Standing Committee on OF MISSIONS. 567 " the Benevolent Work of the Church," to use the words of the Assem- bly, " to meet a permanent want of the Church." Its purposes and ends are stated in the Minutes of 1875, page 531. But this new agency con- tinued still to carry the obnoxious feature of an apportionment to the sev- eral Boards ; and there was in it the inevitable tendency to grow into a power, superseding the dignity and importance of the General Assembly itself. This is a brief and summary view of the efforts of the Church, in the past nine years, to realize her felt convictions of the importance and necessity of some plan that will maintain continued and necessary agita- tion of this subject, and will secure concerted and effective action through- out the whole Church respecting it. The lesson, we think, then, thus far is plain. It is this : the Church wants, and will have, no new agency in addition to those which she has already, to collect and disburse funds, and to instruct her Boards as to the amount and the manner of their appropriations. In reply, then, to the important question, What can the Assembly do to advance the cause of systematic beneficence in all our churches, and meet at once the necessity that is upon us, and that cannot be delayed ? — no course seems to be left but to create a Permanent Committee on Sys- tematic Beneficence, not the old " Committee of Benevolence and Finance," not the " Committee of the Synods," — the Church has abandoned these, and evidently will have none of them ; but a new Committee, whose aim shall be simply organization and instruction. This Committee should see that each Synod and each Presbytery has a Committee of Benevolence. Its endeavor should be to secure such atten- tion to the subject by these Committees, that the matter of systematic beneficence and church work will be kept constantly before ministers and churches, until these three points are attained : 1. Each church has a proper scriptural plan. 2. Each church contributes to every Board. 3. Proper and fresh information on the general work of the Presbyte- rian Church is constantly presented to church courts and individual churches. When these ends are secured, then all is done that can be done, and the responsibility will fall where it belongs, on the pastor and Sessions, their prayers and their example, under the constant pressure of the great and solemn thought of stewardship. In conclusion, your Committee unanimously offer the following resolu- tions : Resolved, That the General Assembly appoint a Permanent Committee on Systematic Beneficence (a committee of organization and instruction), whose duties shall be those specified in this report, who shall make their report annually to the General Assembly. Resolved, This Committee shall consist of five members, three ministers and two elders.— Adopted 1879, pp. 622, 623. a. Committee Ajjpointed. In accordance with the recommendations of the report, the following were appointed a Permanent Committee on Systematic Beneficence: Kev. Isaac Williams Cochran, of the Presbytery of Morris and Orange ; Rev. William P. Breed, D. D., of the Presbytery of Philadelphia ; Rev. Hiram C. Hayden, D. D., of the Presbytery of Cleveland ; Aaron B. Belknap, Esq., of the Presbytery of New York ; and David Robinson, Esq., of the Presbytery of Pittsburgh.— 1879, p. 623. 568 FORM OF GOVERNMENT. b. The Committee Enlarged to Twelve. The Standing Committee, in accordance with suggestions of the Perma- nent Committee, recommend : 1. That the Permanent Committee be enlarged to twelve, so as to dis- tribute its labors more widely ; and they suggest that Cleveland be its centre, with the following persons as members of the Committee : Ministers — Arthur Mitchell, Charles S. Pomeroy, Henry M. MacCracken, I. Wil- liams Cochran, Arthur T. Pierson, William T. Wylie ; Elders — Dan P. Eells, Archibald McClure, William Batewell, Thomas Kane, Walter Car- ter, H. C. Noble. 2. We recommend that the work be prosecuted in the future, as in the past two years, in full sympathy with all of our Boards, endeavoring to secure, from every member of every church, an adequate contribution for each of our objects of benevolence^ and that, for this purpose, every Pres- bytery and Synod should have a Committee on Systematic Beneficence, each church should have a plan of giving, and each member should be taught to set apart regularly a certain proportion of his income to the Lord. 3. Each Session is desired to fill, according to past injunctions of the Assembly, the statistical blank sent them in the interests of this Commit- tee.— Adopted 1881, p. 572. Reappointed 1882, p. 56 ; 1883, p. 642 ; 1884, p. 66 ; 1885, p. 646. c. Expenses of the Committee to be Paid by the Boards. (4) That the bills of the Permanent Committee for necessary expenses, such as clerical services, postage, printing and traveling expenses, be annually paid by the Boards of the Church in pro rata proportion to the contributions to their treasuries. — 1885, p. 646. X. TRUSTEES OF THE PRESBYTERIAN HOUSE. [See Digest, pp. 456-459.] XI. THE PERMANENT COMMITTEE ON TEMPERANCE. [A Special Committee of nine was appointed in 1880 (Minutes, p. 75), to whom was referred the question of a Permanent Committee of the Assembly on Temperance ; they report : — if.] a. They would, therefore, recommend that this Assembly appoint a Permanent Committee on Temperance, which shall consist of fifteen mem- bers, eight ministers and seven laymen, a majority of whom shall reside in and near [ ] ; who shall hold their first meeting in that city on the second Tuesday of June next ; and then and there divide by lot into three separate sections of five each, to hold office for one, two, and three years ; their successors to be appointed each year for a term of three years by the General Assembly ; the said committee to adopt their own bylaws, subject to the approval of the Assembly. The duty of this Permanent Committee shall be, to seek to quicken and to unite our Synods and churches in suitable measures for promoting the Temperance Reform; to mature and report • action on the subject to the General Assembly ; to gather and report such statistics as may be of value and interest to the Church ; to call attention to the deliverances of the Assembly on temperance, and recommend to the Board of Publication the issue of suitable works on the subject ; to codify the previous acts of the Assembly on temperance for publication by the Board ; and to initiate measures for promoting similar action by other branches of the evangelical of missions. 569 Church. The expense of such publications shall be borne by the Board. Other expenses of this Committee, to the amount of $250 annually, if not otherwise provided for, shall be paid from the treasury of the General Assembly.— Adopted 1881, p. 537. [The blank was filled with New York, p. 592.] b. The Committee Appointed. The Committee to nominate the Permanent Committee on Temperance reported as follows : The Committee respectfully report the following names : Ministers-— Henry M. Booth, William Y. Brown, Theodore L. Cuyler, J. Clement French, John Hall, Frank H. Marling, John W. Mears, Jere- miah Petrie. Elders — Walter Carter, William N". ■ Crane, William E. Dodge, Edward P. Durant, Samuel Field, David M. Stiger, William W. Wickes. The report was adopted. — 1881, p. 592. XII. THE BOARD OF AID FOR COLLEGES AND ACADEMIES. The Special Committee on Education appointed by the Assembly of 1881, enlarged and continued by the Assembly of 1882, herewith report. (See 1883, pp. 581-590.) The recommendations were adopted — viz. : 1. That a definite agency be instituted that shall have in charge the interests of higher education as connected with the Presbyterian Church. 2. That this agency be a separate and independent Board, with its dis- tinct officers and work. 3. That the Board be constituted under the following provisions, viz. : A. The name of this Board shall be " The Presbyterian Board of Aid for Colleges and Academies ; " and the general w T ork shall have the limi- tations indicated by its title. B. The Board shall consist of twenty-four members, divided into three classes, composed equally of ministers and laymen, and one class shall be elected each year. C. The officers of this Board shall be a president, vice-president, treas- urer, and permanent secretary. D. In the constitution of the Board the different parts of the country shall be equitably represented. E. The headquarters of the Board shall be at Chicago, and the Execu- tive Committee of the Board shall be residents in Chicago or in the immediate vicinity. F. Meetings of the Board may be held at different points in the country as the Board shall elect. G. The province of the Board shall be to secure an annual offering from the churches for this cause ; to co-operate with local agencies in determining sites for new institutions ; to decide what institutions shall be aided ; to assign to those institutions seeking endowment the special fields open to their appeals, that clashing between them may be avoided ; and to discourage all independent appeals to the Church at large. H. The funds received by the Board shall be devoted either to current expenses of struggling institutions, or to permanent endowments. The funds shall be secured (a) by annual offerings from the churches, mainly for current expenses of the institutions; (b) by special applications for endowment under the approval and general direction of the Board. I. (a) Every institution hereafter established, as a condition of receiv- ing aid, shall be either organically connected with the PresbyteriaD 72 570 FORM OF GOVERNMENT. Church in the United States of America, or shall by charter provision j)erpetually have two-thirds of its Board of Control members of the Pres- byterian Church. (b) In the case of institutions already established, and not included under the above provisions, appropriations for endowment shall be so made as to revert to the Board whenever these institutions shall pass from Presbyterian control. (c) In all other respects the disbursement of funds by the Board shall be wholly discretionary with the Board, both as to amount and direction, subject always to the control of the General Assembly. 4. That the Board be chartered under the laws of the State of Illinois, and under the laws of such other States as may at any time hereafter, by said Board, be deemed necessary or advisable, and be empowered to receive legacies, bequests, and devises. 5. That a committee be now appointed to report to this Assembly the names of twenty-four members for this Board, and any needed directions for organization ; and that when so reported and approved by this Assem- bly said members shall be authorized and enjoined to perfect the organiza- tion of the Board at the earliest possible date, and to proceed at once to its vast and responsible work. — 1883, p. 589. b. The Organization of the Board. The Special Committee to nominate the members of the Presbyterian Board of Aid for Colleges and Academies presented their report, which was adopted, and the persons therein named were declared elected as members of said Board. The report is as follows : The Committee appointed to nominate the members of the Presbyterian Board of Aid for Colleges and Academies, respectfully make the following report : Ministers to serve for one year : Howard Crosby, of New York, N. Y. ; Matthew Newkirk, of Philadelphia, Pa. ; Hervey D. Ganse, of St. Louis, Mo. ; and John De Witt, of Cincinnati, Ohio. Laymen to serve for one year : Benjamin Harrison, of Indianapolis, Ind. ; John S. McDonald, of Fond du Lac, Wis. ; William O. Hughart, of Grand Rapids, Mich. ; William W, Woods, of Indianapolis, Ind. Ministers to serve for two years : George D. Baker, of Detroit, Mich. ; John N. Freeman, of Milwaukee, Wis. ; Abbott E. Kittredge, of Chicago, 111. ; and Robert F. Sample, of Minneapolis, Minn. Laymen to serve for two years: Samuel M. Brecken ridge, of St. Louis, Mo. ; Dan P. Eells, of Cleveland, O. ; Cyrus H. McCormick, Jr., of Chicago, 111. ; and Otis D. Swan, of Emporia, Kansas. Ministers to serve for three years : Herrick Johnson, of Chicago, 111. ; Simon J. McPherson, of Chicago, 111. ; John W. Dinsmore, of Bloom- ington, 111. ; and Thomas H. Cleland, of Keokuk, Iowa. Laymen to serve for three years : Charles M. Henderson, of Chicago, 111. ; Charles M. Charnley, of Chicago, 111. ; Homer K Hibbard, of Hyde Park, 111. ; and Robert McClellan, of Galena, 111. Your Committee also recommend that any vacancies, occurring before the next General Assembly, be filled by the Board.— Adopted 1883, pp. 645, 646. OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 571 CHAPTER XIX. OF MODERATORS. [See Digest, pp. 459-461.] 1. The Name of John Witherspoon, D. D., Placed at the Head of the List. Besolved, That the stated clerk be directed to print, first in order, in the list of moderators of the General Assembly, as published in the Minutes, the name of the Rev. John Witherspoon, D. D., preceded by the date 1789. —1885, p. 586. 2. The Vice-Moderator. In appointing the Standing Committees the moderator may appoint a vice-moderator, who may occupy the chair at his request and otherwise assist him in the discharge of his duties. — 1885, p. 590. [See Form of Government, chap, xii., sec. i. ; Appendix, rule vii.] CHAPTER XX. OF CLERKS. [See Digest, p. 461.] CHAPTER XXI. OFVAOANT CONGREGATIONS ASSEMBLING FOR PUBLIC WORSHIP. [See Digest, pp. 461, 462.] CHAPTER XXII. OF COMMISSIONERS TO THE GENERAL ASSEMBLY. [See Digest, pp. 462-474.] 3. Defects in Commissions, or Absence of, Irregular, Defective or Wanting. a. The Committee on Elections reported that Rev. James M. Roberts appeared before them with a commission from the Presbytery of Santa Fe, regular in its form, but defective, because the Presbytery has fallen below the constitutional number of five members. The Committee recommend that he be received, and his name enrolled. The report was adopted.— 1877, p. 507. b. The Committee on Elections reported that Rev. Augustus Brodhead, D. D., of the Presbytery of Allahabad, appeared before them without a commission, and also without any evidence of his election as such, or of 572 FORM OF GOVERNMENT. the wish of his Presbytery that he should represent them in this Assem- bly. The Committee recommended no action in the case. The report was adopted.— 1877, p. 500. c. Without commissions, but with satisfactory evidence of having been appointed.— 1878, pp. 20 and 29. d. John G. Kerr, M. D., an elder from the Presbytery of Canton, but without a commission, was enrolled. The facts of the case were referred to a Special Committee, to report the next year. (1885, pp. 587, 588 and 684.) [Dr. Kerr had been, but was not at the time, an acting elder in the Second Church, Canton, having declined that the church might have native elders only. — if.] III. In order as far as possible to procure a respectable and full delegation to all our judicatories, it is proper that the expenses of ministers and elders in their attendance on these judicatories be defrayed by the bodies which they respectively represent. [See Digest, pp. 470-474.] 5. The. Mileage and Contingent Funds. a. Special attention is called to the Mileage and Contingent System adopted by the General Assembly of 1870, and amended by the General Assemblies of 1875, 1877 and 1884. As amended it is as follows : " The Committee to whom it was referred to consider and report a uni- form system of mileage, whereby full provision may be made for the trav- eling expenses of the Commissioners to our General Assemblies, and to meet the contingent expenses of each Assembly, respectfully report : "It is affirmed, Form of Government, chap, xxii., sec. iii., that, 'in order, as far as possible, to procure a respectable and full delegation to all our judicatories, it is proper that the expenses of ministers and elders, in their attendance on these judicatories, be defrayed by the bodies which they respectively represent.' " The principle is thus established, that provision should be made for the payment of the traveling expenses of Commissioners to the General Assembly. This provision should be made by the Presbyteries. As far as possible, the feebler Presbyteries should be aided in this matter by the stronger. It appears just and reasonable, and so has been found by experience, that the estimated contingent expenses of each Assembly, and the traveling expenses of the Commissioners in coming to and returning from the Assembly, should be fully met by the apportionment of the whole amount among the several Presbyteries, according to the number of their communicants respectively. " It is therefore recommended — " 1. That the Standing Committee on Mileage, annually appointed, be instructed to present an estimate of the probable amount that will be needed by the next General Assembly, in order to meet their contingent expenses and the traveling expenses of their commissioners, with a state- ment of the per capita rate, based on the number of communicants, that will be needed to secure the amount. " 2. That the Presbyteries, at their stated meeting next following the adjournment of the General Assembly, apportion the amount required of their churches as they deem best. " 3. That the churches be instructed to pay over their respective appor- tionments at the stated meeting of their Presbyteries next preceding the OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 573 meeting of the General Assembly — the whole amount due from the Pres- bytery to be forwarded to the Assembly by their commissioners. "4. That, as early as the fourth day of the sessions of the Assembly, the apportionment of each Presbytery be paid in full, and a bill of the neces- sary traveling expenses of its commissioners be presented to the Standing- Committee on Mileage. — N. B. It is understood that commissioners, both in coming to and returning from the Assembly, will avail themselves of any commutation of fares that may be offered in season ; and that in other cases they are to take, when practicable, the most economical route, no allowance to be made for extra accommodations on the way. Also, that no one will charge For return expenses- unless he intends to go back to his field of labor : and that no one on a business tour, or excursion of pleasure, will make a convenience of the meeting of the Assembly and expect payment of his traveling expenses from the mileage fund. Also, that commission- ers, as soon after their arrival as practicable, are to report themselves to the Committee of Arrangements, and have their respective places of abode assigned them. " 5. That the Mileage Committee, after appropriating from the whole sum an amount sufficient to meet the estimated contingent expenses of the Assembly, be instructed to audit these bills and pay them pro rata (if found in accordance with the preceding regulations), as far as the funds will per- mit. " 6. That, in order to avail themselves of the proceeds of this fund, the Presbyteries must contribute their full proportion to it according to the per capita rate. " 7. That every minister and every vacant church contributing to this fund, connected with the Presbyteries thus complying with the provisions of this plan, be entitled to a copy of the annual minutes of the General Assembly. " 8. That the commissioners from Presbyteries in foreign lands receive their necessary traveling expenses, pro rata, from their place of residence in this country. " In accordance with this system, every Presbytery is requested to pay in full, next year, to the stated clerk of the General Assembly, a sum equal to four cents for mileage, and one and one-half cents for contingent expenses, or in all five and one-half cents for every communicant under the care of their churches, as determined by their statistical report herewith printed. This will entitle their commissioners to a full share in the appor- tionment for necessary traveling expenses. It is expected that these expenses will be fully met, if the Presbyteries comply with the recommen- dations of the Assembly. They are expected, also, to provide for an b. Entertainment Fund. In addition to the mileage fund, the Assembly of 1877 made provision for a "Supplemental Contingent Expense Fund," to "be used for the purpose of meeting the expense of entertaining such commissioners as are not otherwise provided for." Each Presbytery is requested to contribute to this fund a sum equal at least to one and one-half cents per church member, and to forward it, with the mileage fund, to the stated clerk of the Assembly. It is to be disbursed by the Committee of Arrange- ments, whose bills for entertainment the stated clerk, as treasurer, is authorized to pay, after they have been approved by an Auditing Com- mittee. See, also, Minutes of 1883, pp. 652, 653.— 1885, pp. 832, 8:V3. 574 FORM OF GOVERNMENT. 6. None of the Church Judicatories have Power to Assess a Tax upon the Churches. The Committee on Reduced Representation, to whom were referred cer- tain resolutions in reference to the mileage and contingent funds of the General Assembly, reported as follows : In the judgment of the Committee, the position taken in the resolutions is the constitutional one. None of our church courts are clothed with the power to assess a tax upon the churches. Apportionments to meet the expenses of the several bodies may be made ; but the payment depends upon that voluntary liberality which flows from the enlightened consciences of the people, who may be confidently relied upon to return whatever is necessary for the conduct of our ecclesiastical business. The Committee regret while they appreciate the state of affairs which has led so many Presbyteries to announce their conditional purpose hereafter to withhold their proportion from the mileage fund of this body. That fund has done so much to secure the representation of all parts of the denomination in its supreme court, that it would be a calamity to have it destroyed. The Committee express the hope that the current year will end the embarrass- ment which now surrounds the fund, and has led to the purposed with- drawal of Presbyterial aid ; and that, this removed, the Presbyteries will continue to receive from their churches, and forward to the treasurer of the General Assembly, the full amount of the per capita communicant apportionment. Under the influence of this view of the subject, the Committee report back the resolutions referred to them, and recommend the Assembly to adopt them as follows : Whereas, Our Form of Government, chap, xxii., sec. ii., makes it proper for each Presbytery to pay the expenses of their own commission- ers in their attendance upon the General Assembly : if any Presbytery shall choose to do so, the Assembly cannot require them to contribute to the general fund. Nevertheless, it is hereby Resolved, 1. That each Presbytery is hereby earnestly requested to con- tribute annually its full proportion for the commissioners and contingent funds of the General Assembly. Resolved, 2. That any law or resolution or action of previous Assem- blies, contrary to or inconsistent with the above declaration and resolu- tions, be, and the same hereby is repealed. The report was adopted. — 1878, pp. 67, 68. 7. Contingent Fund Provided for. Resolved, That the apportionment for the ensuing year of the present per capita rate of apportionment shall be four cents for mileage, one and one-half cents for contingent, and one and one-half cents for entertain- ment expenses. — 1884, p. 84. BOOK II THE BOOK OF DISCIPLINE THE PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA, AS ADOPTED BY THE PRESBYTERIES, AND EEPOETED TO AND EATIFIED BY THE GENEEAL ASSEMBLY IN SESSION AT SAEATOGA SPRINGS, N. Y., MAY 19, 1884, WITH AMENDMENTS EATIFIED BY THE GENEEAL ASSEMBLY IN SESSION AT CINCINNATI, OHIO, MAY 21, 1885. 1. REPORT OF THE COMMITTEE ON THE REVISION OF THE BOOK OF DISCIPLINE. To the General Assembly of the Presbyterian Church of the United States of America : The Committee on the Revision of the Book of Discipline respectfully report : In presenting this, their final report, they deem it proper to give an account of the circumstances of their appointment, and of the work per- formed by them. As the reports to the Assemblies of 1880 and 1881 eon- tain a complete history of the Committee up to the periods indicated, the first part of this report will be mainly extracted therefrom. They were appointed by the Assembly of 1878, under the recommenda- tion of the Committee on the Polity of the Church. The minute is as follows {Minutes of 1878, p. 70) : " They reported, further, Overtures 19, 20 and 21 : The first, from the Synod of New Jersey, in regard to the Revision of the Book of Discipline. The second, from the Presbytery of Dayton, asking that the Form of Gov- ernment be so amended as to make provision for judicial commissions. The third, from Rev. Joseph S. Van Dyke, a member of the Assembly, praying that the Book of Discipline be so changed that certain judicial cases terminate in the judicatory immediately above the court of original jurisdiction. " The Committee recommend the following : " That, without expressing any opinion on the particular changes pro- posed in the overtures, a committee, consisting of six ministers and five elders, be appointed by this Assembly to consider whether any changes, amendments or additions should be made in our present Form of Govern- ors 576 OF DISCIPLINE. ment and Book of Discipline, and, if so, what ; and that said Committee report to the next Assembly." A fourth overture was subsequently referred to this Committee on the subject of providing " in our Form of Government for the election of an adsessor (or Vice-Moderator)." (Minutes of 1878, pp. 101, 102.) The Committee, as finally constituted, consists of the following-named persons : Ministers — Elijah R. Craven, D. D., Edwin F. Hatfield, D. D., Alexan- der T. McGill, D. D., LL.D., William E. Moore, D. D., Nathaniel West, D. D., Robert W. Patterson, D. D., Francis L. Patton, D. D., LL.D. Elders — Hon. William Strong, LL.D., Hon. Joseph Allison, LL.D., Hon. Samuel M. Breckenridge, LL.D., Hon. Samuel M. Moore, LL.D., Hon. John T. Nixon, LL.D. Your Committee reported progress to the Assembly of 1879, stating that they had held three meetings of the General Committee — two in the city of New York, and one in the city of Pittsburgh. (Minutes of 1879, p. 550.) In that report they asked instructions, should they be continued, in the following words (Minutes of 1879, p. 551) : "Although the language of the resolution under which they were appointed seemed to refer the entire subject of a revision of the Form of Government, they were in doubt as to the extent of their powers, as intended by the Assembly. Should they be continued, they ask instruc- tions on this point." The minute immediately following the report is as follows (Minutes of 1879, p. 551) : " The report was accepted, and the Committee were continued, to per- form their work as instructed by the last Assembly." At the Assembly of 1879, five additional overtures were referred to this Committee, viz. : One inquiring, " What is the proper course to be pur- sued with church members who abstain from the Lord's table, etc. ?" (Minutes, p. 575) ; two on the demission of the ministry, " commended to their favorable attention " (Minutes, p. 612) ; and two on the subject of Presbyteries sitting with closed doors during the trial of ministers or rul- ing elders (Minutes, p. 615). At the Assembly of 1880, your Committee again reported progress, and a brief minority report was also presented by the Rev. Dr. West. After the acceptance of these reports, the following resolutions were adopted (Minutes of 1880, p. 36) : "Resolved, That the report on the revision of the Form of Government and Book of Discipline be recommitted, and that the Committee be directed to complete their work, and report to the next Assembly. "Resolved, That a printed copy of the Revised Book of Discipline, sub- mitted by the Committee, be sent to every minister and church Session." Four additional papers were referred to your Committee by this Assem- bly, viz. : 1. A petition from the Session of the church of New Providence, Tenn., asking that provision be made for an amendment of the Book of Discipline, chap, ii., sec. xiii., in reference to taking the testimony of wit- nesses in judicial cases (Minutes of 1880, p. 43). 2. An overture from the Presbytery of Troy, asking the Assembly to approve the action of the Old School Assembly of 1843, defining the rule (Form of Government, chap, x., sec. vii.) as to what constitutes a quorum of Presbytery (p. 46). 3. An overture relative to the neglect of duty by church members (p. 84). 4. An overture on the demission of the ministry (p. 84). At the Assembly of 1881, your Committee again reported progress, and another minority report was presented by the Rev. Dr. West. The follow- REPORT OF THE COMMITTEE. 577 ing is extracted from the report of the Committee {Minutes of 1881, pp. 527, 528) : " The members of your Committee, because of their wide separation and their pressing engagements, have been unable to hold more frequent and more protracted meetings. The most patient and faithful attention within their ability has been given to the work assigned them. " The Committee regret that they are not prepared to report a Revised Form of Government at this time. That important subject engaged their attention throughout the whole of the first and second meetings of the past year. More time is needed to digest and perfect their work. The Revised Book of Discipline, reported last year, has been reconsidered and amended in the light of criticisms published in the public prints and addressed to the members personally and by letter. As amended, it is now placed upon your table, subject to your consideration and order. " In view of the fact that a Revised Form of Government, adjusted to this revision of the Book of Discipline, is not reported ; and the further fact that, as the amendments of the Form of Government submitted by the last Assembly have been adopted, a recasting of some portions of the Book of Discipline may be necessary, it would be inexpedient for the Assembly to overture this second revision to the Presbyteries at this time, even should they approve of its provisions. " But, beyond this, as your Committee have progressed in their work, they have had an ever-increasing sense of its vast importance, its difficulty, and the need, in order to its perfecting, of patient, protracted considera- tion, in the light of courteous criticism and discussion. They therefore renew the recommendation of last year, that the entire work be recom- mitted." In accordance with the recommendation of the Committee, the work was again recommitted, but with the following instructions {Minutes of 1881, p. 573) : " 1. The Revision Committee is instructed to incorporate into the exist- ing Form of Government the two amendments in regard to the Synods just now adopted by the Presbyteries. The Committee is also desired to propose to the next Assembly such verbal changes in the text of the Form of Government as may be needed for purposes of adaptation, and to report a form of words in which these changes may be proposed by way of overture to the Presbyteries, for their adoption. " 2. The Assembly, while recognizing the great fidelity of the Commit- tee in its work, does hereby relieve it from the duty of revising or in any way amending the Form of Government except in the verbal changes described in the first paragraph, and they are instructed to conform their Revision of the Book of Discipline to the present Form of Government. " 3. The Committee is further instructed to put into their Revision of the Book of Discipline a distinct chapter on protests and dissents, sub- stantially like that in the present Book of Discipline. " 4. The Assembly would urge upon the Committee the importance of their submission of a final report to the next Assembly." The following resolution was also adopted : "Resolved, That, in withdrawing the Form of Government from the Committee on Revision, the Assembly aims to preserve the quietude of the Church, and not in any way to reflect upon the wisdom or reliability of the Committee, or the course of their proceedings in prosecuting the work committed to them by the Assembly. We therefore feel an entire confidence in recommitting the Book of Discipline to their consideration." —1881, pp. 573, 574. 73 578 OF DISCIPLINE. The following action was taken with reference to the final report of the Special Committee on the Revision of the Form of Government and Book of Discipline : Resolved, That the consideration of the report of the Committee on the Revision of the Form of Government and Book of Discipline be post- poned until the next Assembly, and that the printed report be sent down to the Presbyteries for their consideration and examination, and that the stated clerk be instructed to send a copy to every minister and church Session.— 1882, p. 52. 2. Trie Revision Overtured : Method of Voting-. The Special Committee to prepare a minute to be sent to the Presby- teries, in connection with the overtures adopted by the Assembly, pre- sented their report, which was adopted, and is as follows : Resolved, That the proposed Revision of the Book of Discipline, and of chap. x. of the Directory for Worship, be overtured to the Presbyteries for their adoption as a part of the Constitution of the Church, in place of the existing Book of Discipline and the existing chap. x. of the Direc- tory for Worship ; and that the Presbyteries be directed to vote Aye or No upon the proposed substitution as a whole; with the proviso, that any Presbytery voting in the affirmative may have the privilege of excepting from the revision any section or sections from which it may dissent, and may by overture recommend a further revision of the same ; and that the stated clerks of Presbyteries be required to transmit the result of their action to the stated clerk of the General Assembly, on or before the first day of the meeting of the next Assembly. — 1883, pp. 685-686. 3. Answers to the Overtures: the Revised Book Adopted. The Special Committee — viz. : Ministers — E. R. Craven, D. D., Wil- liam R. Bingham, D. D., Thomas R. Crawford, D. D., James H. Shields, Edward L. Warren. Elders — Hooper C. Van Vorst, Hon. John T. Nixon, LL.D., Hon. Plenry W. Williams, Hugh D. McCarty, LL.D., and Eben- ezer M. McPherson — on the answers of the Presbyteries to the overtures on the Book of Discipline, presented its report, which was adopted, and is as follows : The Committee to whom was referred the answers and overtures of the Presbyteries on the overture of the last Assembly proposing for adoption the Revised Book of Discipline, and the revision of chap. x. of the Direc- tory for Worship, unanimously and respectfully report : There are in connection with this Assembly 189 Presbyteries, of which number the least majority is 95. Your Committee have had placed in their hands the attested answers of 167 Presbyteries, of which 131 are affirmative and 36 negative. The Presbyteries voting in the negative are as follows : Albany, Alleghany, Baltimore, Buffalo, Butler, Carlisle, Cayuga, Cedar Rapids, Chester, Cincinnati, Clarion, Dubuque, Fort Wayne, Genesee, Genesee Valley, Hastings, Hudson, Huntingdon, Kittanning, Lehigh, Long Island, Los Angeles, Louisville, Nebraska City, Newton, New York, Philadelphia North, Pittsburgh, Redstone, St. Lawrence, Steubenville, Transylvania, Utica, Wellsboro', Westminster, West Virginia — total, 36. Of the 131 affirmative answers, 100 are without exception, being a majority of the whole number of possible Presbyterial votes. The Pres- byteries so voting are as follows : Aberdeen, Alton, Austin, Benicia, Binghamton, Blairsville, Blooming- ton, Boston, Boulder, Brooklyn, Cairo, Champlain, Chemung, Chicago, REPORT OF THE COMMITTEE. 579 Chillicothe, Chippewa, Cleveland, Columbia, Columbus, Council Bluffs, Crawfordsville, Dakota, Dayton, Denver, Des Moines, Detroit, East Flor- ida, Ebenezer, Elizabeth, Emporia, Erie, Fort Dodge, Freeport, Geneva, Gunnison, Grand Rapids, Highland. Holston, Huron, Idaho, Indianapolis, Indian Territory, Jersey City, Kalamazoo, Kearney, Kingston, Lake Superior, Larned, Lima, Logansport, Lyons, Mankato, Marion, Mattoon, Maumee, Monmouth, Monroe, Montana, Muncie, Nassau, Neosho, New Albany, Newark, New Brunswick, North River, North Texas, Northum- berland, Omaha, Oregon, Osage, Osborne, Otsego, Ozark, Palmyra, Pem- bina, Philadelphia Central, Platte, Pueblo, Red River, Rochester, Saginaw, St. Paul, San Jose, Santa Fe, Schuyler, Solomon, Springfield, Steuben, Topeka, Troy, Union, Utah, Vincennes, Washington, Whitewater, Wis- consin River, Winona, Wood River, Yadkin, Zanesville — total, 100. — 1884, pp. 27, 28. 4. The Committee on Revision Discharged. The Rev. Elijah R. Craven, D. D., chairman of the Committee on the Revision of the Book of Discipline, asked that the Committee, having performed the task assigned it, be now discharged. The request was granted, with the unanimous thanks of the Assembly. The Revised Book of Discipline Declared Adopted. The moderator then made a formal declaration that the Revised Book of Discipline, with the revision of chap. x. of the Directory for Worship, have been adopted, and are now a part of the Constitution of the Church. —1884, p. 31. 5. Effeot of the Adoption of the Revised Discipline on Cases Pending. The following paper was adopted with reference to the Revised Book of Discipline: " The General Assembly does hereby declare that no process heretofore commenced should abate by reason of the adoption of the Revised Book of Discipline, and all judicatories before which such process is now pending are hereby advised to issue and determine such cases in accord- ance with the mode of procedure and under the provisions of the Revised Book of Discipline."— 1884, p. 111. 6. Certain Sections, though Adopted, again Overtured. [The Special Committee on the answers of the Presbyteries to the over- tures on the Book of Discipline, reported that while a majority of the Presbyteries have voted in favor of the' entire book, and every section, yet several sections have been excepted to by many of the Presbyteries. — M.~\ a. In view of these facts your Committee deem it to be but right that these sections should again be submitted, directly and independently, to the judgment of the Church, and they recommend the adoption of the following : Resolved, That the following overtures be sent down to the Presbyteries, with the direction that they shall vote "Aye" or "No" on each of them, and return their answers to the stated clerk of the General Assembly on or before the first day of the next meeting of the Assembly. 1. Shall section 26 of the New Book of Discipline be amended by sub- stituting in its place chap, iv., sec. 21, of the old book, the word "judica- tory " being substituted for " court," as follows : No professional counsel shall be permitted to appear and plead in cases 580 OF DISCIPLINE. of process in any of our ecclesiastical judicatories. But if any accused person feel unable to represent and plead his own cause to advantage, he may request any minister or elder, belonging to the judicatory before which he appears, to prepare and exhibit his cause as he may judge proper. But the minister or elder so engaged shall not be allowed, after pleading the cause of the accused, to sit in judgment as a member of the judicatory ? 2. Shall sec. 65 of the new Book of Discipline be omitted ? The Committee further add their own opinion that the overtures, if adopted, would in no respect disturb the harmony of the provisions of the Book. Your Committee further recommend that in view of the terms of the overture of the last Assembly to the Presbyteries, encouraging those voting in the affirmative by overture to recommend a further revision of the same, and in view also of the expediency and desirableness that, at the inauguration of our revised system, so far as possible every section excepted by at least three Presbyteries, should be submitted to the direct and independent vote of all, an overture be prepared, submitting to the independent vote of the Presbyteries each amendment excepted by at least three Presbyteries, which does not disturb the general harmony of the provisions. In case of the approval of the last recommendation of their report the Committee would report that in addition to sees. 26 and 65, sees. 5, 18, and 48 would come under the rule established. (The amendment of sec. 18, it should be remarked, would require a slight modification of sec. 46.) In such case they would recommend the adoption of the following, in which the overtures recommended under the former resolution are, for the sake of unity, embodied : Resolved, That the following overtures, the adoption of which will not disturb the general harmony of the Book, be sent down to the Presby- teries with the direction that they shall vote "Aye" or "No" on each of them independently, and return their answers to the stated clerk of the General Assembly, on or before the first day of the next meeting of the Assembly. 1. Shall sec. 5 of the new Book of Discipline be amended by substitut- ing in its place the following, viz. : All children born within the pale of the visible Church are members of the Church, are to be baptized, are under the care of the Church, and subject to its government and discipline, and when they have arrived at years of discretion, they are bound to perform all the duties of church- members ? 2. Shall sec. 18 of the new Book of Discipline be amended by the omission of the words " and acting ruling elders," so that the first period then shall read, " original jurisdiction, in relation to ministers, pertains to the Presbytery, in relation to others to the Session ;" and shall sec. 46 be amended so as to read : " 46. In process by a Session against a ruling elder or a deacon, the provisions of this chapter, so far as applicable, shall be observed " ? 3. Shall sec. 26 of the New Book of Discipline be amended by sub- stituting in its place chap, iv., sec. 21 of the old book, the word "judica- tory " being substituted for " court," as follows : 26. No professional counsel shall be permitted to appear and plead in cases of process in any of our ecclesiastical judicatories. But if any accused person feel unable to represent and plead his own cause to advantage, he may request any minister or elder, belonging to the judi- REPORT OF THE COMMITTEE. 581 catory before which he appears, to prepare and exhibit his cause as he may judge proper. But the minister or elder so engaged shall not be allowed, after pleading the cause of the accused, to sit in judgment as a member of the judicatory. 4. Shall sec. 48 of the new Book of Discipline be omitted ? 5. Shall sec. 65 of the new Book of Discipline be omitted ? — Adopted 1884, pp. 29, 30. The following overture was directed to be sent down to the Presbyteries for their action : Shall sec. 84 of the Book of Discipline be amended, by striking out the words " or by any other reputable person, or persons," so as to read, " A complaint is a written representation, made to the next superior judicatory by one or more persons, subject, and submitting to the jurisdiction of the judicatory complained of, respecting any delinquency, or any decision, by an inferior judicatory." — 1884, p. 31. [The action of the Presbyteries on these overtures will be found under the sections referred to in the Book of Discipline. — M.~\ b. The Committee to Canvass the Votes Reported: The following is a statement of the vote on each overture : 1. On Overture No. 1 there have been cast 136 affirmative votes, and 32 negative votes. It is therefore adopted, and is in these words : Section 5. All children born within the pale of the visible Church are members of the Church, are to be baptized, are under the care of the Church, and subject to its government and discipline, and when they have arrived at years of discretion they are bound to perform all the duties of church-members. 2. On Overture No. 2 there have been cast 109 affirmative votes, and 60 negative votes. It is therefore adopted, and is in these words : The first period of Section 18 shall read, " Original jurisdiction in relation to min- isters pertains to the Presbytery, in relation to others to the Session." Section 4.6 shall read, " 46. In process by a Session against a ruling elder, or a deacon, the provisions of this chapter, so far as applicable, shall be observed." 3. On Overture No. 3, 143 affirmative and 28 negative votes have been given. It is therefore adopted, and is as follows : Section 26. No professional counsel shall be permitted to appear and plead in cases of process in any of our ecclesiastical judicatories. But if any accused person feel unable to represent and plead his own cause to advantage, he may request any minister or elder, belonging to the judica- tory before which he appears, to prepare and exhibit his cause as he may judge proper. But the minister or elder so engaged shall not be allowed, after pleading the cause of the accused, to sit in judgment as a member of the judicatory. 4. On Overture No. 4, 41 affirmative votes, and 130 negative votes are recorded. Section Jf8 of the Kevised Book of Discipline, is therefore retained. 5. On Overture No. 5 the votes are 119 affirmative, and 54 negative. Section 65 of the Revised Book of Discipline is therefore omitted. 6. On Overture No. 6 there are 152 affirmative votes, and 17 negative votes. The Overture is therefore adopted, and Section 8£ reads : 84. A complaint is a written representation made to the next superior judicatory by one or more persons, subject and submitting to the jurisdic- tion of the judicatory complained of, respecting any delinquency or any decision by an inferior judicatory. 582 OF DISCIPLINE. 7. On Overture No. 7 the votes are 157 affirmative, and 13 in the negative. The overture is therefore adopted. The second period of Sec- tion HJf is therefore stricken out and the following substituted : The names of the baptized children of a parent seeking admission to another church shall, if such children are members of his household and remove with him and are not themselves communicants, be included in the certificate of dismission. The report was accepted and adopted. — 1885, pp. 601, 602. 8. To facilitate comparison of the former Book of Discipline with the Revised Book, the following table is given : In this table the numbers before the dash indicate chapters and sections of the former Book of Discipline ; the figures following the dash denote the corresponding sections in the Revised Book : I. 1.— 1. V. 7.— 14. (III.) 3.-95. 2.-2. 8.— 19. 4.-94. 3.-3. 9.-32, 39, 45. 5.-96. 4.-4. 10.— 22, 40. 6.— 102. 5.-2. 11.— 38. 7.-97. 6.-5. 12.— 40. 8.-99. 7.— 0. 13.-41. 9.-99. II. 1.— 0. 14.— 0. 10.-99. 2.-8, 9. 15.-42. 11.— 97. 3.-8, 9, 17. 16.— 43. 12.— 98. 4.— 17. 17.— 44. 13— 0. 5.— 0. vi. 1.— 54. 14.— 47. III. 1.— 0. 2.-55. 15.-100. 2.— 0. 3.-55. 16.— 101. 3.-7. 4.-56. 17.— 94. 4.— 0, 6. 5.-57. (IV.) 1.— 70. 5.— 0. 6.-58. 2.-83. 6.— 12. 7.-59. 3.-83. IV. 1.— 6. 8.— 60. 4.-84. 2.-6. 9.— 61. 5.-88. 3.— 10. 10.— 62. 6.— 0. 4.— 13. 11.— 63. 7.— 90. 5.— 19. 12.— 64. • VIII. 1.— 103. 6.— 19. 13.— 65. 2.— 104. 7.— 19. 14.— 23. 3.— 105. 8.— 15. 15.— 66. 4.— 0. 9.-9. 16.— 67. 5.— 106. 10.— 21, 33, 67. 17.— 62. 6.— 106. 11.— 21. VII. 1.— 0. 7.— 106. 12.— 21. 2.— 70. 8.— 107. 13.— 21. (I.) 1.— 71. IX. 1.— 68. 14.— 20. 2.-72. 2.-69. 15.— 23, 54. 3.-74. 3.-69. 16.— 24, 29. 4.-74. 4.-69. 17.— 34. 5.-75, 76. 5.-69. 18.— 32. 6.-75, 77. 6.-69. 19.— 30, 35. (II.) 1.— 77. 7.-69, 24 20.— 34. 2.-78. X. 1.— 109. 21.— 26. 3.-79. 2.— 110. 22.-27. 4.-79. 3.— 108. 23.-24, 27. 5.-77. 4.— 111. V. 1.— 36. 6.— 81. XI. 1.— 114. 2.— 18, 108. 7.— 80. 2.— 114. 3.-65. 8.-79. 3.— 116. 4.-37, 65. 9.-82. 4.— 116. 5.— 0. (III.) 1.— 94. 5.— 117. 6.— 0. 2.-94. ITS NATURE, ENDS AND SUBJECTS. 583 THE BOOK OF DISCIPLINE. CHAPTER I. OF DISCIPLINE: ITS NATURE, ENDS AND SUBJECTS. Figures in brackets, thus [I. 6.], refer to sections of old Book. I. Discipline is the exercise of that authority, and the application of that system of laws, which the Lord Jesus Christ has appointed in his Church ; embracing the care and control maintained by the Church over its members, officers and judicatories. [I. 1.] II. The ends of discipline are the maintenance of the truth, the vindication of the authority and honor of Christ, the removal of offenses, the promotion of the purity and edification of the Church, and the spiritual good of offenders. Its exercise, in such a manner as to secure its appropriate ends, requires much prudence and discretion. Judicatories, therefore, should take into consideration all the circum- stances which may give a different character to conduct and render it more or less offensive, and which may require different action, in sim- ilar cases, at different times, for the attainment of the same ends. [1.2,5.]* 1. Prompt Discipline best Fitted to Secure a Happy Issue. It is further the opinion of the Assembly that had the improper con- duct of the appellant been made a subject of discipline at an earlier period, a more happy issue might have been reached. The Assembly form- ally and affectionately urges on the appellant a submission to the sen- tence of his brethren and a speedy return to the path of duty and privi- lege.— 1859, p. 547, O. S. 2. The Censure must be Proportionate to the Offence. a. It being the order of the day, the Assembly proceeded to consider the appeal of Mr. Jabez Spicer from the decision of the Synod of Geneva, by which Mr. Spicer had been deposed from the gospel ministry. The docu- ments on the subject were read, and the parties were heard. After a con- siderable discussion, the following resolution was adopted, viz.: Resolved, That the appeal of Mr. Spicer be sustained, on the ground that the sentence pronounced upon him was disproportioned to his crime, it not appearing substantiated that he was guilty of more than a single act of prevarication ; while, therefore, the Assembly express their entire *The larger type, with the figures I., II., III., designates the text of the Revised Book of Discipline. 584 OF DISCIPLINE. disapprobation of the conduct of Mr. Spicer, as unbecoming a Christian and Christian minister, they reverse the sentence of deposition passed upon him by the Presbytery, and direct that after suitable admonitions and ac- knowledgments he be restored to the ministerial office. — 1821, p. 24. b. The discussion left unfinished yesterday afternoon was resumed, viz.: of the motion to reverse a decision of the Presbytery of Lexington, by which decision Mr. George Bourne was deposed from the gospel ministry. This motion, after it had been amended and fully discussed, was deter- mined in the affirmative, and is as follows, viz. : The Assembly judge that the charges in the case of Mr. Bourne were not fully substantiated, and that, if they had been, the sentence was too severe. Therefore, Resolved, That the sentence of the Presbytery of Lexington, deposing Mr. Bourne, be reversed, and it is hereby reversed, and that the Presby- tery commence the trial anew. — 1817, p. 646. c. The Assembly sustain the appeal of David Price from the decision of the Synod of Geneva, on the ground that the charge of intoxication was not sufficiently supported by the testimony; although it does appear, principally from his own confession, that he had made an unbecoming use of ardent spirits, and that an admonition was, in the view of the Assem- bly, deserved, and would have been sufficient. — 1825, p. 155. d. Resolved, That the decision of the Synod of Cincinnati, reversing the action of the Presbytery and session, upon the second charge, be sustained in part on the ground that the suspension of the parties accused was too severe in the case, and that the session be recommended to revoke the suspension and admonish the parties. — 1865, p. 550, O. S. [See also under chap, vii., sec. iv., sub-sec. xcix.] 4. The Decisions of the Civil Courts not Conclusive in the Judi- catories of the Church. Every member of the Presbyterian Church entitled to a Fair Trial according to the Methods of his Church, before Condemnation. Overture from the Presbytery of Washington City, asking the Assem- bly to enact that : Any minister, or member of the Church, convicted in the civil courts of an offence, recognized as such by the standards of our Church, may, without further process, be suspended from all the privileges and offices of the Church until the judicatories of the Church having jurisdiction in the case shall, after due investigation, be satisfied of his innocence or repentance. The Committee recommend that, while admitting that some possible cases may occur, in which nothing else can be done, but that which is here asked, the overture be answered in the negative, because : 1. The subject-matter of the overture involves a constitutional change, which must needs be overtured to the Presbyteries, which it is not now desirable to do. 2. The processes of civil courts differ so much from those of our Church judicatories, and their decisions are not so infallible, that our Church judi- catories can adopt them without investigation. 3. It is the sacred right of every member of the Presbyterian Church, to have a full and fair trial, according to the laws and methods of his Church, before condemnation. — Adopted 1885, pp. 602, 603. EXDS AND SUBJECTS. 585 5. A Minister's Name may not be Stricken from the Roll -without his Consent, or by Discipline, or by his having- Recognized some other Jurisdiction, or Become Independent. Overture, being a request from the Presbytery of West Chester that the Assembly shall define the authority of Presbyteries, in regard to taking from the roll the names of ministers serving churches in other denomina- tions. The Committee recommend the adoption of the following : Since the adoption of the Revised Book of Discipline, especially Section liii. in Chapter vii., a Presbytery has no authority to take a minister's name from the roll, without his consent, except by discipline, unless he has said or done something, which either recognizes some other ecclesiastical juris- diction over him, or declares his independence. — Adopted 1885, p. 604. [See Form of Government, Appendix, chap, x., sec. viii., par. 10, £>.] 6. Great Tenderness Enjoined. Whereas, It has appeared on the trial of Judicial Cases 1 and 2 (see Book of Discipline, chap, i., sec. iii., 13, a) that full testimony was given, as well in this court as in the trial in the courts below, to the exemplary Christian character of the appellants in these cases respectively ; and Whereas, The offence which has subjected said appellants to the disci- pline of the Church has arisen from a conscience misled by erroneous views of their duty ; therefore, Resolved, That it be recommended to the Session of the church of Cal- edonia to deal with these brethren with the utmost tenderness and Chris- tian affection, that they may be led to see their errors and return to their duty, and that they may be restored to the fellowship of the Church, from which they have been too long separated. — 1859, p. 548, O. S. III. An offense is anything, in the doctrine, principles or practice of a church member, officer or judicatory, which is contrary to the Word of God; or which, if it be not in its own nature sinful, may tempt others to sin, or mar their spiritual edification. [I. 3.] [See Larger Catechism, Questions 104-151. For decisions and deliver- ances on doctrine see Form of Government, chap, xii., sec. v. ; Digest, pp. 218-230. Also Appendix, pp. 524-527.] Moeal Questions. 1. Breach of Sabbath Observance. While, therefore, we earnestly entreat our fellow-citizens of every class to " remember the Sabbath day to keep it holy," the Assembly do hereby in a special manner enjoin it upon the church sessions to watch over their brethren with tenderness and great fidelity in respect to the observance of the Sabbath, and to exercise wholesome discipline on those who by trav- eling or other ways presume to trample upon this sacred institution ; and we further enjoin it upon the Presbyteries annually to institute inquiries of the eldership as to the manner in which this injunction has been at- tended to in their respective churches. — 1853, p. 323, N. S. [See Deliverances upon the Sabbath at large, under Directory for Wor- ship, chap. i. Questions pertaining to the seventh commandment under Directory for Worship, chap, xi., sees, ii., iii.] 2. Theatrical Exhibitions and Dancing- Condemned. a. On the fashionable, though, as we believe, dangerous, amusements 74 586 OF DISCIPLINE. of theatrical exhibitions and dancing we deem it necessary to make a few observations. The theatre we have always considered as a school of im- morality. If any person wishes for honest conviction on this subject, let him attend to the character of that mass of matter which is generally ex- hibited on the stage. We believe all will agree that comedies at least, with a few exceptions, are of such a description that a virtuous and modest person cannot attend the representation of them without the most painful and embarrassing sensations. If, indeed, custom has familiarized the scene, and these painful sensations are no longer felt, it only proves that the person in question has lost some of the best sensibilities of our nature, that the strongest safeguard of virtue has been taken down, and that the moral character has undergone a serious depreciation. — 1818, p. 690. b. Dancing a Dangerous Amusement, and to be Discouraged. With respect to dancing, we think it necessary to observe that, however plausible it may appear to some, it is perhaps not the less dangerous on account of that plausibility. It is not from those things which the world acknowledges to be most wrong that the greatest danger is to be appre- hended to religion, especially as it relates to the young. When the prac- tice is carried to its highest extremes, all admit the consequences to be fatal ; and why not, then, apprehend danger even from its incipient stages ? It is certainly in all its stages a fascinating and an infatuating practice. Let it once be introduced, and it is difficult to give it limits. It steals away our precious time, dissipates religious impressions and hardens the heart. To guard you, beloved brethren, against its wiles and its fascina- tions, we earnestly recommend that you will consult that sobriety which the sacred pages require. We also trust that you will attend, with the meekness and docility becoming the Christian character, to the admoni- tions on this subject of those whom you have chosen to watch for your souls. And now, beloved brethren, that you may be guarded from the dangers we have pointed out, and from all other dangers which beset the path of life and obstruct our common salvation, and that the great Head of the Church may have you in his holy keeping, is our sincere and affec- tionate prayer. Amen. — 1818, p. 690. c. Promiscuous Dancing calls for Faithful and Judicious Discipline. Resolved, That the fashionable amusement of promiscuous dancing is so entirely unscriptural, and eminently and exclusively that of " the world which lieth in wickedness," and so wholly inconsistent with the spirit of Christ, and with that propriety of Christian deportment and that purity of heart which his followers are bound to maintain, as to render it not only improper and injurious for professing Christians either to partake in it, or to qualify their children for it by teaching them the art ; but also to call for the faithful and judicious exercise of discipline on the part of church Sessions when any of the members of their churches have been guilty.— 1843, p. 14, N. S. Reaffirmed, 1853, p. 340, N. S. ; also 1867, p. 513, K S. ; 1876, p. 27. d. Social Dances and Private Theatricals. Overture No. 5. An overture from the Presbytery of Cincinnati, pro- posing the following questions, viz. : 1st. Are social dances and private theatricals included under the head of "dancing and stage plays," mentioned in the Larger Catechism, amongst " the sins forbidden in the seventh commandment " ? 2d. Is it the duty of the church sessions to exercise discipline upon ITS NATURE, ENDS AND SUBJECTS. 587 those members of the Church who send their children to dancing schools, or who give and attend dancing parties ? and if so, ought such discipline to be carried to the extent of exclusion from the sacraments, where other means fail of producing reformation? The Committee recommended the following reply, which was adopted : To the first question : That whilst the pleasures of the ball-room and the theatre are primarily intended by the "dancing and stage plays" forbidden in the answer to the 139th question in the Larger Catechism, the spirit of the prohibition ex- tends to all kindred amusements which are calculated to awaken thoughts and feelings inconsistent with the seventh commandment, as explained by the Saviour in Matt. v. 27, 28.— 1860, p. 21, O. S. e. Promiscuous Social Dancing and Dancing Schools. To the second question : That whilst we regard the practice of promiscuous social dancing by members of the Church as a mournful inconsistency, and the giving of parties for such dancing on the part of the heads of Christian families as tending to compromise their religious profession, and the sending of chil- dren by Christian parents to the dancing school as a sad error in family discipline ; yet we think that the session of each church is fully compe- tent to decide when discipline is necessary, and the extent to which it should be administered. — 1860, p. 21, O. S. These Deliverances, c, d and e, Confirmed. Overtures from the Presbyteries of Clarion, Dayton, Erie, Redstone, and Chenango, asking for some further deliverance on the subject of promiscuous dancing, in order that a felt and growing evil may be checked among the membership of our churches. In reply to Overtures 5 to 9 inclusive, on the subject of promiscuous dancing, the Committee recom- mend the following : The overtures of previous Assemblies of both branches of the Church, on the subject of promiscuous dancing, are agreed in deploring the prac- tice as a mournful inconsistency, and as regarding the giving of parties for such dancing by the heads of Christian families, as involving a com- promise of their religious profession. These deliverances are also agreed, in declaring that the Session of each church is fully competent to decide upon what discipline is necessary, and to what extent it should be admin- istered. This General Assembly, therefore, reaffirms these deliverances of the Assemblies of both branches of the Church (see, especially, N. S., 1843, p. 14, and O. S., 1860, p. 21, as recorded in Digest, pp. 476, 477) ; and, further, counsels church Sessions to arrest this evil, so far as practicable, by wisely guiding the enthusiasm and activity of the younger members of their churches, by both precept and example, into the many forms of use- ful service now providentiallv presented to all who delight to serve and honor Christ.— Adopted 1876, p. 27. /. Theatres and Card-playing. In regard to so much of the above overture as refers to " theatres and theatre-going," this Assembly reaffirms the action of the General Assem- bly of 1818. [See Minutes, p. 690, and New Digest, pp. 262, 263.] In this action the Assembly declared the theatre to be "a school of immo- rality." This Assembly, seeing no occasion to modify the utterance then 588 OF DISCIPLINE. given, earnestly exhorts all the members of the Church in their practice to avoid, and by their influence to discountenance, all such " dangerous " amusements, as being inconsistent with the spirit of the gospel, and detri- mental to the best interests of piety in the heart. In respect to "the custom of fashionable card-playing," referred to by the memorialists, and represented as being "countenanced in many of our Christian households," and also " participated in by members of our churches," this Assembly would affectionately exhort all the members of the Presbyterian Church to practice the most careful watchfulness in avoiding all recreations and amusements, whether in the form specified in the memorial or otherwise, which are calculated to impair spirituality, lessen Christian influence or bring discredit upon their profession as mem- bers of the Church of Christ.— 1865, p. 45, N. S. g. The Opera, the Theatre, the Dance and Card-playing. A paper reported by the Committee on Bills and Overtures on the sub- ject of the opera, the theatre, the dance and card-playing, was referred to a Committee, consisting of the Rev. Herrick Johnson, D. D., Rev. Wil- liam E. Moore and Mr. Alexander Whilldin, to report at the adjourned meeting. The Special Committee to whom was referred a paper on the subject of amusements presented their report, which was adopted, and is as follows: The question of popular amusements is one that cannot be settled by statute. It has to do with the spirit and the life of Christianity rather than with the letter of its law. Hence the impossibility of specific enact- ment. But the very fact of its near and vital connection with spiritual life justifies and demands for it a thoughtful consideration. What scriptural guidance have we in the matter? What posture ought the Church to assume toward so-called popular amusements ? A sweep- ing condemnation of them would be a sweeping folly. To say of them all that they are inherently and positively sinful is simply to say what is not true. And to protest against suitable recreation would be to protest against a mental and moral necessity. A long-visaged and sombre-hued piety is not after the order of the gospel. That makes recognition of the laugh, the joy of life; has no frown for the play-side of our nature, bids us serve the Lord with gladness. Nowhere so much as in the heart of God's people should joy have her home and go rippling out in the chan- nels of deed and speech. But what is suitable Christian recreation ? We are without a specific " Thus saith the Lord " for each specific form of pleasure. But this is by no means to acknowledge that we are without scriptural guidance. The spirit is broader and deeper than the letter. There are general principles whose profound and subtle reach makes it impossible that they should be framed by a law. Those that bear on this question of popular amuse- ments are three : I. The first general principle has respect to the relation which Chris- tians sustain to each other. It is discussed in Rom. xiv., and in 1 Cor. viii. Christian liberty in things indifferent is there distinctly recognized, but it is bounded and limited by a higher law. We must not abuse our liberty to the offence of our brethren. We must bridle our knowledge with charity. We are bidden to beware how we tamper with the sancti- ties of a brother's conscience, and to beware how we trifle with the neces- sities of a brother's weakness. The law of conscience and the law of love are far more sacred and more precious and more to be regarded than the law of liberty. To the child of God they ought to be always paramount. ITS NATUKE, ENDS AND SUBJECTS. 589 To assert independence at the expense of wounding a brother's conscience is " to sin against Christ." " It is good neither to eat flesh, nor to drink wine, nor anything whereby thy brother stumbleth." Of course a merely personal, puerile, wretched scrupulosity is not to be foisted upou the Church for its government. But amusements whose tendencies are inher- ently and almost inevitably to excess, where the weak and the unstable may stumble and perish, and against which there is a general Christian conscience, are decisively condemned by this plain word of God. II. The second general principle has respect to the relation which Christians sustain to the world. It is negative and summed up in this: " Be not conformed to this world." It is a relation of nonconformity. Christians are to be unlike the world, and distinguishable from it. This idea of separateness runs through all the warp and woof of Scripture. And it clearly does not imply a separation from the grossly evil of the world. This is specifically and positively commanded. Christians are pledged and sworn to obedience by their very profession. The separation involved in nonconformity is from worldliness — from the worldly spirit. It is a demand that, the whole tone and bent and current and spirit of the Christian life shall be different from that of the worldly life — so different that it shall be manifest to the world that the people of God are pilgrims and strangers on the earth ; that they are walking with God ; that they are a peculiar people, called out of the world while still remain- ing in it ; God's witnesses ; living epistles ; the salt of the earth ; distinct- ive, chosen, set apart, recognizable everywhere as having been with Jesus, and as holy in all manner of conversation. Let Christians apply to their lives this one central, prominent, gospel idea of nonconformity, let them press it on all their conduct until they give unmistakable exhibition of the spirit of these unmistakable w^ords of Christ and the apostles, and it w T ill go very far to settle this whole question of rational or irrational amusements. III. The third general principle has respect to the relation w T hich Chris- tians sustain to Christ. It is positive, and summed up in this : " Whatso- ever ye do, in word or deed, do all in the name of the Lord. Jesus." Broad, comprehensive, universal in its applicability, yet most specific, after all, in its fundamental conditions — " Whatsoever ye do." In another place, applied to the every-day necessity and act of our life — eating and drinking ; applicable, therefore, to our recreations. It is scriptural con- demnation of every form of social diversion in which a Christian cannot indulge "in the name of the Lord Jesus." It is divine endorsement of whatever is done by a child of God, into which he may go, and out of which he may come, and through the progress of which he may continue, without there being one moment when it would be in any way inconsist- ent for him to ask his Lord's approval of him there, and of what he is doing, and witnessing and countenancing and supporting. Let this principle be honestly and conscientiously applied. It will set- tle many a doubt. It will condemn many a popular amusement. It bars out every indulgence that cannot be had in consistent and loving remem- brance of our Lord. Amusements that undermine the health and waste vitality ; amusements by which the weak and lame are so often turned out of the way only to stumble and perish ; amusements that make it appear as if Cod's children were as eager after and intent upon the gayeties and festivities of the world as the children of the world themselves; amuse- ments making it essential for Christians to take positions that ought to bring, if they do not bring, the blood to their faces; amusements that compel Christians to witness scenes, and to hear quips and jests, soiling 590 OF DISCIPLINE. their spirits with suggested imcleanness, — these all, and all like these, are branded with condemnation by this divine precept. No true disciple of Christ can give himself to such amusements • • in the name of the Lord Jesus." "We close as we began. This whole question must be taken out of the domain of abstract casuistry. It is not so much a question of absolute right and wrong as of conscience and charity. The spirit of our life is far more important than the letter of our law. The rule of love is higher than the law of liberty. Christianity antagonizes worldliness, it does not conform to it. The Church should deal with it not so much by the axe of discipline as by the sword of the Spirit. Yet, without a doubt, the very law of love may sometimes require a kind, considerate, thoughtful exercise of the disciplinary power of the Church. But our chief appeal must be to the conscience. Our main reliance must be on the spirit and the life demanded by a whole-hearted surrender and commitment to the Lord Jesus. Those who are constrained by the love of Christ can scarcely allow themselves indulgence in any business or recreation, any work or play, into which and through which and out of which they cannot con- sistently go, with ever present and affectionate remembrance of Him " who gave himself for us that he might redeem us from all iniquity and purify us unto himself a peculiar people zealous of good works." — 1869, pp. 487-489, N. S. h. The Theatre and Opera. The Committee recommended the following resolution : A resolution in regard to the theatre and the opera referred to the Com- mittee by the Assembly. In reporting this resolution for adoption, your Committee think it wise to invite the attention of our churches to those grounds of Christian principles, so easily overlooked, on which the Assem- bly based their disapprobation of these forms of entertainment. They recommend that the following minute be recorded, with the intent that the pastors, at their discretion, may read it from their pulpits : The General Assembly affectionately request all the churches and church-members under their care to weigh and make application of the following principles and considerations : 1. Christian piety does not consist in any merely outward proprieties, but chiefly in those renewed and positive affections and principles which attend the life of Christ in the souls of his people. 2. Yet, inasmuch as it is impossible for the Church to look directly, as God alone can, upon the affections and principles by w r hich her members are controlled ; and, inasmuch as a sense of common infirmity prompts all good men to judge charitably each other's characters, it comes to pass, that the mere external propriety which avoids gross sin possesses with men a Christian currency and acceptableness which it can by no means have with Christ, who died for us that we might live unto him. 3. Since Christians are of necessity intimately associated with those who are not Christians, and since, especially in matters that are not covered by specific divine law, men's views of what is externally proper are so largely affected by the views and practices of the community about them, it fur- ther comes to pass that neither the Bible, nor the Church, nor the thought- ful consciences of Christians, but worldly usage, is allowed to define those limits of external propriety to which a Christian may reputably go. 4. It is in this way that many forms of dangerous worldly indulgence come to be included as allowable elements of Christian living. No one would claim that the divine development of the life of Christ in the new ENDS AND SUBJECTS. 591 heart of a Christian would, of itself, lead to entertainments whose prevail- ing influence over those who partake of them, and, signally, over many of those who provide them, is like that which the theatre and the opera are known to exert. Surely no Christian will maintain that his devotion to Christ binds him to use and encourage these forms of entertainment. At most, he defends them, and by the plea that they are not so wrong that, to love them, resort to them, and uphold them, disproves piety. The Assembly raise their affectionate warning against that whole prin- ciple of living, which sets aside the sacred and inspiring responsibilities of a life wholly Christ's, in the interest of any gratifications, which are at the same time gratuitous and of harmful tendency. It is true, indeed, that men can find, or can make, temptations in forms of action which are of indispensable use ; and that fact in no way forbids a Christian to share in such necessary acts. Thus the avarice of some men and the gluttony of others do not forbid Christians to use food or money. But when a form of action is uncommanded and entirely voluntary, being chosen only for the pleasure which it gives, it can claim no allowance from a loyal Chris- tian conscience, unless it commend itself to the most enlightened and enlarged Christian love for Christ, for holiness, and for the souls of men. In view of this simple, fundamental, and far-reaching principle, so fre- quently explained in the New Testament, the Assembly now appeal to all the pastors, Sessions, and church-members under their care, that they dis- courage, in all earnest and consistent ways, the resort of Christians and their families to the theatre and to the opera. It would be easy to enumerate with these many other forms of public and social amusement which, on account of their known practical tendency, are equally precluded by the same principle. But no list of such unwhole- some gratifications could possibly be made complete. The Assembly, therefore, are not to be thought to be endorsing any worldly usage of which they now omit to speak ; but they consider that there are special reasons for calling attention to those two forms of recreation which have been named. They are very prevalent and very seductive ; they are notably unfriendly to personal spirituality, to the safe training of children and youth, to the just and predominant interest of the Church's mem- bers in the Church's own meetings for simple and unartistic prayer and praise, and to a healthy taste for the direct and spiritual exercises of public worship. In addition to this, they are publicly partaken of in the presence of a multitude, and therefore they exert such a power of mis- leading example as hardly belongs to any other form of worldliness. And, finally, they are very commonly excused by abstract pleas which overlook entirely their known and settled practical tendency. For these reasons the Assembly count it their duty to utter in regard to them a tender but explicit warning. The prayerful and considerate attention of pastors and people is accordingly called to the following resolution : Resolved, That, in view of the increased attendance of church-members at the theatre and opera, the Assembly bear earnest and solemn testimony against this practice as inconsistent with Christian duty, since it not only gives countenance and support to an institution, justly described by a former Assembly as a school of immorality, but is in itself spiritually hurtful, and tends to obliterate the line which should always be plainly visible between the followers of Christ and the world. — 1879, pp. 625, 626. 592 OF DISCIPLINE. 3. Gambling, Lotteries, Horse-racing, Betting, etc. a. These Sins to be Denounced and Avoided. The vice of gambling has also been forced upon our attention. We indeed hope that few, or perhaps none, of our actual professors have in- dulged themselves in the practice of what they consider as coming under the denomination of gambling. But perhaps there are some addicted to this practice who have evinced a predilection for our Church and forms of worship, and who are not unwilling to receive the word of admonition from us. Such we would earnestly exhort to consider in the most serious manner the consequences of the course they are pursuing, and the awful lessons which the experience of the world is every day exhibiting on this subject. But it is our duty further to testify that all encouragement of lotteries and purchasing of lottery-tickets, all attendance on horse-racing and betting on such, or any other occasions, and all attempts of whatever kind to acquire gain without giving an equivalent, involve the gambling principle and participate in the guilt which attaches to that vice. — 1818, p. 690. b. The report of the Committee on the subject of lotteries, which was laid on the table, was taken up and adopted, and is as follows, viz. : That although so often sanctioned by legislative acts, although the pro- ceeds of lotteries have not unfrequently been appropriated to benevolent and religious objects, although many wise and good men have, in periods past, by their participation or agency given countenance to lotteries, yet your Committee cannot view them in any other light than that of legal- ized gambling. It would require volumes to record all the evils resulting from this sys- tem of predatory speculation. It adds nothing to the wealth of the com- munity. It too often takes from the uninformed poor the property obtained by labor and skill, and transfers the same without the least equiv- alent into the hands of the idle and unworthy. It thus becomes the means of introducing and extending habits of gambling in all forms. Hundreds of families yearly are reduced to dependence and beggary, and not unfrequently its deluded victims terminate their miserable existence in this world by suicide. Contemplating this multitude of evils to individuals, to families and to the community at large, your Committee beg leave to submit the follow- ing resolutions : " 1. Resolved, That, in the opinion of this General Assembly, all lot- teries should be discountenanced by every professed member of the Pres- byterian Church as immoral in their nature and ruinous in their effects upon individual character and the public welfare. " 2. That the purchase and sale of lottery-tickets should be avoided by every member of our Church, even when the professed object of the lottery may be praiseworthy, inasmuch as it is not allowable to do evil that good may come. " 3. That all the Presbyteries under the care of this General Assembly be, and they hereby are recommended to take order on the subject of lot- tery gambling, to press the consideration of it and its attendant evils upon ministers and Sessions, and to adopt such plans of operation as may free the Church from all participation in this sin, enlighten, arouse, and direct public opinion, and save our country from this and every other species of gambling."— 1830, p. 306. ITS NATURE, ENDS AND SUBJECTS. 593 c. Circulation of Lottery Schemes through the Mails. A petition having been referred to this Committee respecting the circu- lation through the. mails of lottery schemes and immoral literature, the Committee recommend the following resolution : Resolved, That the General Assembly renew the expressions of the last Assembly, of sympathy with the efforts to suppress the circulation, in the mails and otherwise, of publications of this character. — 1880, p. 77. See 1879, p. 556. 4. Duelists excluded from Church Privileges : Ministers should not Attend the Funeral of a Fallen Duelist. The General Assembly having taken into serious consideration the unhappy prevalence of the practice of dueling in the United States, and being anxiously desirous to contribute what may be in their power, con- sistently with their character and situation, to discountenance and abolish this practice : Resolved unanimously, That they do, in the most unequivocal manner declare their utter abhorrence of the practice of dueling and of all meas- ures tending thereto, as originating from the malevolent dispositions of the human heart, and a false sense of honor, as a remnant of Gothic bar- barism, as implying a presumptuous and highly criminal appeal to God as the sovereign Judge, as utterly inconsistent with every just principle of moral conduct, as a direct violation of the sixth commandment, and destructive of the peace and happiness of families ; and the Assembly do hereby recommend it to the ministers in their connection to discounte- nance, by all proper means in their power, this scandalous practice. Resolved also, That it be and it is hereby recommended to all the min- isters under the care of the Assembly that they scrupulously refuse to attend the funeral of any person who shall have fallen in a duel, and that they admit no person who shall have fought a duel, given or accepted a challenge, or been accessary thereto, unto the distinguishing privileges of the Church, until he manifest a just sense of his guilt, and give satisfactory evidence of repentance. — 1805, p. 339. 5. Slavery and Slaveholding. Overture on Selling a Slave, a Member of the Church. The following resolution was submitted to the Assembly, viz. : Resolved, That a person who shall sell as a slave a member of the Church, who shall be at the time of sale in good standing and unwilling to be sold, acts inconsistently with the spirit of Christianity, and ought to be debarred from the communion of the Church. After considerable discussion, the subject was committed to Dr. Green, Dr. Baxter, and Mr. Burgess, to prepare a report to be adopted by the Assembly, embracing the object of the above resolution, and also express- ing the opinion of the Assembly in general as to slavery. The report of the Committee being read, was unanimously adopted and referred to the same committee for publication. It is as follows — viz. : The General Assembly of the Presbyterian Church, having taken into consideration the subject of slavery, think proper to make known their sentiments upon it to the churches and people under their care. We consider the voluntary enslaving of one part of the human race by another as a gross violation of the most precious and sacred rights or human nature, as utterly inconsistent with the law of God, which requires 75 594 OF DISCIPLINE. us to love our neighbor as ourselves, and as totally irreconcilable with the spirit and principles of the gospel of Christ, which enjoin that " all things whatsoever ye would that men should do to you, do ye even so to them." Slavery creates a paradox in the moral system: it exhibits rational, accountable, and immortal beings in such circumstances as scarcely to leave them the power of moral action. It exhibits them as dependent on the will of others whether they shall receive religious instruction ; whether they shall know and worship the true God ; whether they shall enjoy the ordinances of the gospel ; whether they shall perform the duties and cherish the endearments of husbands and wives, parents and children, neighbors and friends ; whether they shall preserve their chastity and purity, or regard the dictates of justice and humanity. Such are some of the consequences of slavery, — consequences not imaginary, but which connect themselves with its very existence. The evils to which the slave is always exposed often take place in fact, and in their very worst degree and form ; and where all of them do not take place— as, we rejoice to say, in many instances, through the influence of the principles of humanity and religion on the mind of masters, they do not — still, the slave is deprived of his natural right, degraded as a human being, and exposed to the danger of passing into the hands of a master who may inflict upon him all the hardships and injuries which inhumanity and avarice may suggest. From this view of the consequences resulting from the practice into which Christian people have most inconsistently fallen, of enslaving a por- tion of their brethren of mankind — for "God hath made of one blood all nations of men to dwell on the face of the earth" — it is manifestly the duty of all Christians who enjoy the light of the present day, when the inconsistency of slavery both with the dictates of humanity and religion has been demonstrated and is generally seen and acknowledged, to use their honest, earnest and unwearied endeavors to correct the errors of former times, and as speedily as possible to efface this blot on our holy religion, and to obtain the complete abolition of slavery throughout Chris- tendom, and, if possible, throughout the world. We rejoice that the Church to which we belong commenced as early as any other in this country the good work of endeavoring to put an end to slavery, and that in the same work many of its members have ever since been and now are among the most active, vigorous and efficient laborers. We do indeed tenderly sympathize with those portions of our Church and our country where the evil of slavery has been entailed upon them — where a great, and the most virtuous, part of the community abhor slavery and wish its extermination as sincerely as any others — but where the number of slaves, their ignorance, and their vicious habits generally, render an im- mediate and universal emancipation inconsistent alike with the safety and happiness of the master and slave. With those who are thus circum- stanced we repeat that we tenderly sympathize. At the same time, we earnestly exhort them to continue, and, if possible, to increase, their exer- tions to effect a total abolition of slavery. We exhort them to suffer no greater delay of slavery. We hope that those portions of the American Union whose inhabitants are by a gracious Providence more favorably circumstanced will cordially and liberally and earnestly co-operate with their brethren in bringing about the great end contemplated. We recommend to all the members of our religious denomination not only to permit, but to facilitate and encourage, the instruction of their slaves in the principles and duties of the Christian religion, by granting them liberty to attend on the preaching of the gospel when they have opportunity, by favoring the instruction of them in the Sabbath-school ITS NATUKE, ENDS AND SUBJECTS. 595 wherever those schools can be formed, and by giving them all other proper advantages for acquiring the knowledge of their duty both to God and to man. We are perfectly satisfied that it is incumbent on all Christians to communicate religious instruction to those who are under their authority, so that the doing of this in the case before us, so far from operating, as some have apprehended that it might, as an incitement to insubordination and insurrection, would, on the contrary, operate as the most powerful means for the prevention of those evils. We enjoin it on all church sessions and Presbyteries under the care of this Assembly to discountenance, and as far as possible to prevent, all cruelty of whatever kind in the treatment of slaves, especially the cruelty of separating husband and wife, parents and children, and that which consists in selling slaves to those who will either themselves deprive these unhappy people of the blessings of the gospel, or who will transport them to places where the gospel is not proclaimed, or where it is forbidden to slaves to attend upon its institutions. And if it shall ever happen that a Christian professor in our communion shall sell a slave who is also in communion and good standing with our Church, contrary to his or her will and inclination, it ought immediately to claim the particular atten- tion of the proper church judicature; and unless there be such peculiar circumstances attending the case as can but seldom happen, it ought to be followed without delay by a suspension of the offender from all the privi- leges of the church till he repent and make all the reparation in his power to the injured party. — 1818, p. 692. [We have given the deliverance of 1818 upon the subject of slavery as containing substantially the whole testimony of the Church upon an evil now happily done away. For the full discussion of the subject, see New Digest, pp. 266-295, Baird's Digest, pp. 817-825, and the annual Minutes, 1862, p. 24, K S. ; 1863, p. 244, N. S. ; 1861, p. 333, O. S. ; 1863, p. 55, O. S. ; 1869, p. 297, O. S.— Jf.] < . Intemperance. [In 1811 Dr. Benjamin Rush presented to the Assembly one thousand copies of a pamphlet, entitled " An inquiry into the effects of ardent spirits upon the human body and mind." At the same session it was — ] a. Resolved, That the Rev. Drs. Miller, Miledoler and Romeyn, Rev. Messrs. James Richards, McNeice, Ezra Styles Ely and Gardiner Spring, Dr. John R. B. Rodgers, Col. Henry Rutgers and Mr. Divie Bethune, be a Committee to endeavor to devise measures which, when sanctioned by the General Assembly, may have an influence in preventing some of the numerous and threatening mischiefs which are experienced throughout our country by the excessive and intemperate use of spirituous liquors, and that this Committee be authorized to correspond and act in concert with any persons who may be appointed or associate for a similar purpose, and that the Committee hereby appointed report to the next General Assembly.— 1811, p. 474. [Upon the report of this Committee the next y^ar, it was — ] b. Resolved, 1. That it be recommended to all the ministers of the Pres- byterian Church in the United States to deliver public discourses, as often as circumstances may render expedient, on the sin and mischiefs of intern perate drinking, in which, as well as on all suitable occasions, both public and private, it will be proper pointedly and solemnly to warn their hear- ers, and especially members of the church, not only against actual intern- 596 OF DISCIPLINE. perance, but against all those habits and indulgences which may have a tendency to produce it. 2. That it be enjoined on all church sessions within the bounds of the General Assembly that they exercise a special vigilance and care over the conduct of all persons in the communion of their respective churches with regard to this sin, and that they sedulously endeavor by private warning and remonstrance, and by such public censures as different cases may require, to purge the Church of a sin so enormous in its mischiefs and so disgrace- ful to the Christian name. 3. That it be recommended to the ministers and other officers and mem- bers of our Church that they exert themselves to diffuse as extensively as possible among their congregations and the community at large such addresses, sermons, tracts or other printed compositions on this subject as may have a tendency to produce a suitable impression against the use of ardent spirits, and to recommend sobriety and temperance. 4. That it be recommended to the officers and members of our Church to take such measures as may be judged proper and effectual for reducing the number of taverns, and other places of vending liquors by small meas- ure, in all those parts of our country in which either their excessive num- bers or the improper character of such places render them a public nuisance. It is believed that the evils arising from these sources are incalculably great, and that by prudent management they admit, under Providence, of very considerable diminution. — 1812, p. 511. c. Abstinence from the Common Use of Ardent Spirits urged. In the pastoral letter of 1818 the Assembly earnestly recommend to the officers and members of our Church to abstain even from the com- mon use of ardent spirits. — 1818, p. 689. d. On the Formation of the American Society for the Promotion of Tem- perance. The Assembly Resolved, That the Presbyterian Church in the United States will with all readiness of mind co-operate with their Christian brethren of every denomination, together with every other friend of our country and of humanity, in one great national effort to accomplish a universal change in the habits and customs of our country relative to the intemperate use of intoxicating liquors. — 1827, p. 214. e. Day of Fasting and Prayer Appointed. Resolved, That in view of the exceedingly heinous nature of the sin of intemperance in the use of ardent spirits, as in direct opposition to the authority and moral government of God ; its widespread prevalence, in- fecting, as we are not without reason to apprehend, some members, and even officers, of the Church ; the dreadful miseries it inflicts on society in all its interests, physical, political, moral and religious, and especially in view of the great guilt that rests on the Church in this matter, not merely from so many of her members participating in it, while others with thought- less insensibility minister the means of its indulgence to its deluded vic- tims, but especially in having greatly failed, as the light of the world and the salt of the earth, by her instructions, her example, her prayers, and her vigorous efforts every way, to stay the plague : — The General Assembly do appoint the fourth Thursday of January, 1829, ENDS AND SUBJECTS. 597 a day of jasting, humiliation and prayer, with special reference to this sin, and recommend to all the people of their communion its solemn observ- ance as such. Moreover, they give it in charge to all their ministers who may officiate on this occasion, by prayer and study to have their minds thoroughly impressed with a sense of the greatness of this sin, and to endeavor so to conduct the exercises of the sanctuary that all the people to whom they may minister may be brought most fully under the same impression, and aroused to a vigorous exertion of all the means which duty and sound discretion dictate, for arresting this hateful and desolating abomination. — 1828, p. 244. 7. Entire Abstinence from the Use of Ardent Spirits. a. The report of the Committee on Temperance was taken up, and after mature consideration was unanimously adopted, and is as follows, viz. : Resolved, 1. That this Assembly regard with devout gratitude and praise the great success which has attended the efforts of the friends of the cause of temperance during the past year, as evinced in the increase of the num- ber and zeal of temperance societies, in the diminution of the sale of ardent spirits, and in the existence of a strong and increasing public sen- timent against the use of it. 2. That they cordially approve and rejoice in the formation of temper- ance societies on the principle of entire abstinence from the use of ardent spirits, as expressing disapprobation of intemperance in the strongest and most efficient manner, and making the most available resistance to this destructive and widespreading evil. 3. That they deeply deplore the apathy manifested by many professing Christians toward the cause of temperance, while many distinguished per- sons who make no religious profession are prompt and powerful fellow- laborers with Christians in this worthy and divinely sanctioned cau^e. And especially do they grieve and wonder that members of our churches, in view r of an evil so debasing and so awful in its prospective bearings on all the interests of the country, should not only take no part in the exer- tions of their brethren and fellow-citizens against intemperance, but by using and trafficking in ardent spirits be actively engaged in promoting it. 4. That they earnestly recommend, as far as practicable, the forming of temperance societies in the congregations under their care, and that all members of the churches adopt the principle of entire abstinence from the use of ardent spirits. 5. That as friends of the cause of temperance this Assembly rejoice to lend the force of their example to that cause as an ecclesiastical body by an entire abstinence themselves from the use of ardent spirits. — 1829, p. 262. b. Resolved, 1. That this Assembly considers itself called upon to make a public acknowledgment of the goodness of God for the unparalleled success with which he has crowned the efforts of those who are actively concerned in the promotion of temperance. 2. That the experience of the past year furnishes additional and most abundant evidence of the wisdom and importance of the plan adopted by the American Temperance Society. 3. That this Assembly feels bound to repeat a former recommendation to the ministers, elders and members of the churches under its care, to discountenance the use of distilled liquors, not only by abstaining them- selves from the use of such liquors, but by actively promoting every pru- 598 OF DISCIPLINE. dent measure devised for the. purpose of furthering the cause of temper- ance. 4. That this Assembly earnestly recommends to all persons for whose spiritual interests it is bound to consult that they favor the formation of temperance societies on the plan of entire abstinence. — 1830, p. 298. c. The Assembly recommend to all the members of the churches under their care to be found the fast, unflinching and active friends of temperance, abstaining from all forms and fashions which would coun- tenance to any extent the sin of intemperance, avoiding even the appear- ance of evil, disentangling themselves from all implication with the traffic and manufacture, and especially presenting in their whole lives a standing and unvarying exemplification of the only true principle of temperance — total abstinence from everything that will intoxicate. — 1840, p. 15, N. S. d. Wines and Fermented Liquors Discountenanced. In 1864 the Assembly (N. S.) reiterates the sentiments and recommen- dations of former Assemblies, and calls upon its ministers and the mem- bers of its churches to renew their efforts in this direction, and espe- cially to refrain from the use of cider, beer and ale as a beverage, and also from the manufacture and similar use of domestic wines. — 1864, p. 508, N. S. e. Entire Abstinence Recommended. The Assembly of 1865 (O. S.), in answer to an overture asking for such a deliverance by the General Assembly as may encourage virtuous and philanthropic men in their efforts to purge our country from this gigantic evil, adopted the following minute : The General Assembly has repeatedly expressed its earnest desire for the universal prevalence of temperance among the people of this land. But as a new exigency has arisen, growing out of the demoralizing tend- ency of war, this Assembly enjoins upon all their ministers, ruling elders and church members to use their influence upon those around them, par- ticularly on our young men now returning from the army, and on our youth in academies and colleges, to practice entire abstinence from all intoxicating drinks as a beverage, which it is believed is the only sure protection against drunkenness. Intemperance is a great sin against - God, as well as a bitter curse to man, obstructing the progress of the gos- pel of our Lord Jesus Christ in the world, and weakening its power over the hearts of men. Hence it is an imperative duty, required alike by piety and patriotism, to do whatever may be practicable " to stem the torrent that is sweeping myriads into the vortex of irretrievable ruin." Espe- cially should there be the frequent utterance of friendly warning to the young and inconsiderate, " Touch not, taste not, handle not," accompa- nied by a corresponding example. This simple and effective remedy, carried into all the walks of life, will make our nation as prosperous and happy in peace as it has been heroic and victorious in war. — 1865, p, 570, o. s. Resolved, That total abstinence from all intoxicating drinks as a beve- rage is demanded from every Christian by the condition of society, the purity of the Church and the word of God.— 1866, p. 274, N. S.; '1877, p. 558. ITS NATURE, ENDS AND SUBJECTS. 599 8. Manufacture and Traffic in Ardent Spirits. a. That while this Assembly would by no means encroach upon the rights of private judgment, it cannot but express its very deep regret that any members of the Church of Christ should at the present day and under existing circumstances feel themselves at liberty to manufacture, vend or use ardent spirits, and thus, as far as their influence extends, coun- teract the efforts now making for the promotion of temperance. — 1830, p. 298. b. 2. That the practice of sending out ardent spirits to be used as a drink by the unevangelized and partially civilized nations and tribes of men is in our view a violation of the principles and precepts of the Chris- tian religion, and ought to be abandoned throughout the world. 3. That the traffic in ardent spirits, to be used as a drink by any people, is in our judgment morally wrong, and ought to be viewed as such by the churches of Jesus Christ universally. — 1834, p. 445. [In the narrative for 1837 the Assembly say :] c. It is with the utmost surprise and pain that we learn from the reports of two or three Presbyteries that some of their members, and even ruling elders, still manufacture and sell ardent spirits. These things ought not so to be. They are a stumbling-block to many, and have a manifest tend- ency to bring overwhelming calamities, both temporal and spiritual, on society at large. No church can shine as a light in the world while she openly sanctions and sustains any practices which are so evidently destruc- tive of the best interests of society. — 1837, p. 510. d. May the Manufacture or Sale be made a Term of Communion f Overture No. 15. The question whether the manufacturer, vender or retailer of intoxicating drinks should be continued in the full communion of the Church. The Committee recommended the adoption of the fol- lowing resolution, viz. : That whilst the Assembly rejoice in the success of the temperance reformation, and will use all lawful means to promote it, they cannot sanction the adoption of any new terms of communion. Which was adopted.— 1842, p. 16, O. S. 9. The Manufacture and Sale of Intoxicating Drinks an Offense. a. The following paper, offered by Dr. Elliott, in the Assembly of 1865 was adopted, as expressing the views of the Church, viz. : The great increase of intemperance throughout the land, especially in our towns and large cities, renders it imperative on the Church to put forth her influence to arrest it in its destructive progress. But to render her influence effective she must purge herself from all participation in the sin by removing from her pale all who are engaged in the manufacture and sale of intoxicating drinks for use as a common beverage. When a person has been admitted to sealing ordinances in Christ's house, he ought not to be excluded but upon grounds which are sanc- tioned by the word of God and the discipline of the Church ; and where such exclusion takes place, it is always founded upon an alleged offence against the authority and laws which Christ has established in his house. Hence, one of the ends of discipline, as laid down in our standards, is "the removal of offences" from the Church of Christ. In the very out- set, then, it becomes necessary to ascertain what is an offence. In our Book of Discipline it is defined to be "anything in the principles on prac tice of a church member which is contrary to the word of God, or which, 600 OF DISCIPLINE. if it be not in its own nature sinful, may tempt others to sin, or mar their spiritual edification." (Chap, i., sec. iii.) That the practice of manufactur- ing and retailing intoxicating drinks is, in its own nature, sinful, we do not affirm, and need not therefore consider it, in this sense, an offence against the laws of Christ's house. But that it tempts others to sin and mars their spiritual edification is too obvious to require proof. The re- tailer is the proximate agent in tempting many to drink to drunkenness, and in forming in others the appetite for strong drink which leads to bru- tal intoxication. In doing this he offends against God's children, who are yrieved at his conduct, which is productive of such injurious results both to the bodies and souls of men. On these grounds, therefore, he is guilty of an " offence" against the word of God, which is very explicit in setting its seal of condemnation on. such conduct. In the eighth chapter of his First Epistle to the Corinthians, the apostle has decided this point with great precision. In the church of Corinth some thought it to be right to eat meat which had been offered to idols, others thought it wrong. The matter was submitted to the apostle, who decided that although the act was not in its own nature sinful, yet if it became the occasion of offence or injury to a weak brother it ought not to be done. " But meat com- raendeth us not to God ; for neither, if we eat, are w 7 e the better ; neither, if we eat not, are we the worse. But take heed lest by any means this liberty of yours become a stumbling-block to them that are weak. For if any man see thee which hast knowledge sit at meat in the idol temple, shall not the conscience of him that is weak be emboldened to eat those things which are offered to idols, and through thy knowledge shall the weak brother perish for whom Christ died ? But when ye so sin against the brethren and wound their weak conscience, ye sin against Christ. Wherefore, if meat make my brother to offend, I will eat no flesh while the world standeth, lest I make my brother to offend." According to this decision of the apostle, therefore, men "sin against Christ" when they ^ sin against the brethren" by doing that which, though not sinful in it- self, becomes a stumbling-block to them, and tempts them to the commis- sion of sin. Against such a course the apostle guards professing Chris- tians, and declares that he had determined to avoid it. Now, the apostle's decision in regard to the case at Corinth applies to the use of intoxicating drinks when manufactured and sold for a common beverage. When prepared and sold for this purpose, those who do so "sin against the brethren and wound their weak conscience," and thus " sin against Christ." Hence they are guilty of " an offence," their con- duct being " contrary to the word of God." Thus far the subject appears very plain. That a manufacturer and re- tailer of intoxicating drinks for the purpose mentioned is guilty of an offence proved to be such from Scripture, the foregoing remarks clearly demonstrate. But is it such an offence as ought to exclude persons from the full privileges of the Church? In maintaining the affirmative of this question, it is important to remark that whatever would prevent the ad- mission of a person to the sealing ordinances of the Church, on his first application, ought, if found in connection with his character or conduct after his admission, to exclude him from her communion. This is so evi- dent as to require no proof. What, then, would be considered a sufficient bar to the full enjoyment of the privileges of the Church ? To this we reply that anything in the principles or practice of the applicant for ad- mission which greatly impaired or destroyed the credibility of his pro- fession of faith in Christ would be a sufficient ground of refusal. For the ground of admission, as presented both in the word of God and the stand- ITS NATURE, ENDS AND SUBJECTS. 60 1 ards of the Church, is a credible profession of faith in the Son of God. In the case of the jailer, the Ethiopian eunuch, and even of Simon Ma- gus, who afterward apostatized, a credible profession was required and ex- hibited before they were admitted to the communion of the society of the faithful. The same principle is recognized in our standards. " Those who are admitted to sealing ordinances shall be examined as to their knowledge and piety." (Dir. Wor., chap, i., sec. iii.) (See also chap, iv., sec. iv.) From these passages it is manifest that such a profession as in- volves credible evidence of Christian character, in which knowledge and piety are essential elements, is required by our Book of those who would be admitted to sealing ordinances. Such being the case, whatever essen- tially impairs or destroys this evidence bars the way to their admission. Accordingly, it is provided that "such as are found to be ignorant or scandalous, notwithstanding their profession of the faith and desire to come to the Lord's Supper, ought to be kept from that sacrament, by the power which Christ has left in his Church, until they receive instruction and manifest their reformation." (L. Cat., 2, 173.) Ignorance and immo- rality of conduct are here indicated as sufficient grounds on which to re- fuse an applicant admission to the table of the Lord. The reason is that where either or both exist there is a want of credible evidence of Chris- tian character ; and where this is wanting, the person ought not to be ad- mitted. And on the same ground, a person who has been admitted, if he be afterward found to be ignorant or scandalous, and thus destitute of the evidence of Christian character, ought to be excluded. In the case which we are considering, the person in question does not give credible evidence in favor of his Christian character. He does not give such satisfaction with respect to his " knowledge and piety " as is suf- ficient to entitle him to continue in the full privileges of the Church as a member in good standing. For the man who, at the present time, is ig- norant of the effects of the practice of the manufacture and sale of intox- icating drinks as a common beverage, in tempting others to sin and " mar- ^ ring their spiritual edification," must be criminally regardless of what is going on around him. And he who, knowing this, perseveres in the prac- tice, evinces a state of heart directly the reverse of that which is pro- duced by "the grace of God," that "teaches us that, denying ungodliness and worldly lusts, we should live soberly, righteously and godly in this present world." On the ground, therefore, that his profession of religion is destitute of the attributes which are necessary to render it credible, he L ought not to be continued in the communion of the Church, nor certified *^ as a member in good standing. We are aware that it has been objected to this view of the case that it is establishing a new term of communion not before known in the Church. But upon the principles laid down and established, it is not. We have seen that credible evidence of Christian character, involving the exhibi- tion of "knowledge and piety," is the old term of communion laid down in God's word and the standards of our Church. It has also been made to appear that the practice of manufacturing and retailing intoxicating drinks as a beverage is a sin against the brethren and against Christ, and while persevered in vitiates this evidence and works a forfeiture of the privileges of Christian communion. If the practice of the Church lias been to any extent favorable to the admission or continuance of such per- sons in her communion, it only proves that the Church, in these cases, has overlooked or neglected to enforce the true principles of her standards. It cannot be fairly drawn into argument to prove that the principle is not there, or, if there, that it ought not to be applied in this, as in other cases 76 602 OF DISCIPLINE. of visible offence against Christ and his Church. We conclude, therefore, that it is not adopting any new term of communion to exclude persons from sealing ordinances on the ground of their manufacturing and vend- ing intoxicating drinks as a beverage. On the contrary, it is only falling back upon the teachings of the Bible and the Constitution of the Church, which requires visible Christianity, in a credible form, of those who would partake of these ordinances, and refuses the privilege to those who by overt acts of offence fail to present such evidence. — 1865, p. 571, O. S. b. We call upon the Sessions of our churches to guard carefully the purity of the Church by refusing to admit to membership, or to retain those within her pale, who are engaged in the manufacture or sale of intoxicating liquors as a beverage or who derive their livelihood from this sinful traffic— 1877, p. 558. 10. Prohibitory Laws. a. The following resolution upon the subject of temperance was unani- mously adopted : Resolved, That the General Assembly continue to view with deep interest the progress of the temperance reformation, most intimately connected with the vital interests of men for time and eternity, and they do especially hail its new phase through the action of several State Legislatures by which the traffic in intoxicating liquors as a beverage is entirely prohib- ited. They commend this new system of legislation to the attention and support of all ministers and churches connected with this body for its blessed results already experienced, and as able, if universally adopted, to do much to seal up the great fountains of drunkenness, pauperism and crime, and relieve humanity of one of its most demoralizing and distress- ing evils.— 1854, p. 503, N. S. b. Whereas, Intemperance is the great antagonist of domestic peace and social happiness, of sound morality and pure Christianity, and at war with all the dearest interests of man for this world and the future; and whereas, the experience of two hundred years proves that this evil can never be removed or effectively resisted while the traffic in intoxicating drinks is continued, it being necessary if we would stop the effect to remove the cause ; therefore, Resolved, 1. That this Assembly, as lovers of our holy religion, of our country and our race, and as office-bearers in the Church, can but feel a lively interest in the progress of the temperance reform. Resolved, 2. That we here record our devout thanksgiving to almighty God for the recent unparalleled progress of this reform, as evinced by the action of the Legislatures of thirteen States and two Territories of our Union, in the passage of laws prohibiting entirely the traffic in all intoxi- cating beverages. Resolved, 3. That in the opinion of this body laws prohibiting the sale of intoxicating drinks can interfere with the rights of no man, because no man has a right of any name or nature inconsistent with the public good or at war with the welfare of the community, it being a well-known and universally-acknowledged maxim of law that " No man has a right to use his own to the injury of his neighbor." Resolved, 4. That we earnestly recommend to the ministers and congre- gations in our connection, and to all others, to persevere in vigorous efforts until laws shall be enacted in every State and Territory of our beloved country prohibiting entirely a traffic which is the principal cause of the drunkenness, and its consequent pauperism, crime, taxation, lamentation, war and ruin to the bodies and souls of men, with which the country has so long been afflicted.— 1855, pp. 30, 31, N. S. 1883. p. 655. 603 11. Relation of Temperance and other Moral Societies to the Church. a. The Church of Jesus Christ is a spiritual body, to which havt been given the ministry, oracles and ordinances of God for the gathering and perfecting of the saints in this life to the end of the world. It is the great instrumentality of the Saviour, through which, by his eternal Spirit, he dispenses salvation to the objects of his love. Its ends are holiness and life, to the manifestation of the riches and glory of divine grace, and not simply morality, decency and good order, which may to some extent be secured without faith in the Redeemer and the transforming efficacy of the Holy Spirit. The laws of the Church are the authoritative injunc- tions of Christ, and not the covenants, however benevolent in their origin and aim, which men have instituted of their own w T ill; and the ground of obligation which the Church, as such, inculcates, is the authority of God speaking in his word, and not pledges of honor which create, measure and define the peculiar duties of all voluntary associations. In this kingdom of God the holy Scriptures are the only rule of faith and manners, and no church judicatory ought to pretend to make laws which shall, bind the conscience, or to issue recommendations which shall regulate manners, without the warrant, explicit or implied, of the revealed will of God. It is, hence, beside the province of the Church to render its courts, which God ordained for spiritual purposes, subsidiary to the schemes of any association founded in the human will and liable to all its changes and caprices. No court of Christ can exact of his people to unite with the temperance, moral reform, colonization, or any other society which may seek their aid. Connection with such institutions is a matter of Christian liberty. Their objects may be in every respect worthy of the countenance and support of all good men, but in so far as they are moral and essen- tially obligatory, the Church promotes them among its own members — and to none others does its jurisdiction extend — by the means which God has ordained for the edification of his children. Still, in the exercise of their Christian liberty as good citizens, as patriotic subjects of the State, from motives of philanthropy and from love to God, Christian people may choose to adopt this particular mode of attempting to achieve the good at which all moral societies profess to aim ; they have a right to do so, and the Church, as long as they endorse no false principles and coun- tenance no wrong practices, cannot interfere with them. Recognizing these propositions as the truths of the word of God, this General Assem- bly, as a court of Jesus Christ, cannot league itself with any voluntary society, cannot exact of those who are subject to its discipline to do so, but must leave the whole matter where the Scriptures leave it — to the pru- dence, philanthropy and good sense of God's children, each man having a right to do as to him shall seem good. These societies must appeal not to church courts, but to church mem- bers. When they proclaim principles that are scriptural and sound, it is not denied that the Church has a right, and under certain circumstances may be bound, to bear testimony in their favor; and when, on the other hand, they inculcate doctrines which are infidel, heretical and dangerous, the Church has a right to condemn them. In conformity with these statements the Generaf Assembly has no hesitation in cordially approving of abstinence from intoxicating driuks as a matter of Christian expedi- ency, according to the words of the apostle in Romans xiv. 21, "It is good neither to eat flesh nor to drink wine, nor anything whereby thy brother stumbleth, or is offended, or is made weak," and in expressing its affection- 4 604 OF DISCIPLINE. ate interest in the cause of temperance, and would recommend to its min- isters and elders who have become connected with temperance societies to use every effort to prevent the introduction of any other principle as the ground of their pledge, and to throw around these institutions those safe- guards which shall be the means of rescuing them from the excesses to which they are liable from influences opposed to or aside from the gospel of Christ.— 1848, p. 58, O. S. No. 3. A memorial from the National Temperance Society asking the Assembly to send delegates to a national temperance convention. The Committee recommend as an answer, that while this Assembly approves all proper efforts made to suppress intemperance, it declines to send dele- gates, in its name, to the proposed convention. Adopted. — 1873, p. 504. b. In answer to an overture praying the Assembly to give the temperance cause a proper prominence among the means of reform sustained by the Church, and especially suggesting that if it would arrange or recommend that some proper temperance movement should sustain the same relation to the churches as the tract, the Bible and the missionarary causes do, both morally and financially, it would be of immense advantage to the cause, replied as follows : In compliance with the request of the petitioners, the Assembly are willing to assign to the cause of temperance a relation to our Church not dissimilar to that which has been given to the benevolent objects with which it is compared. But with none of these do we maintain any other connection than that which their own moral power secures upon the free affection and esteem of our members. Very cheerfully and earnestly would this Assembly commend the cause of temperance to all the minis- ters and members of our Church, and urge them heartily to co-operate with every judicious effort in a Christian spirit to promote it; that pastors frequently preach upon the subject, and especially that no countenance be given to those social usages by which great temptations to intemperance are thrown before their fellow-men. — 1860, p. 262, N. S. 12. Authority of the Deliverances on Temperance. a. Overture No. 16, from the Presbyteries of Pittsburg and of Philadel- phia Central, asking the Assembly for further action, clear and unmistak- able, in regard to the manufacture, sale and use as a beverage of intoxi- cating liquors. The Committee recommend the following answer : This General Assembly, believing the manufacture, sale and use of alcoholic stimulants as a beverage to be contrary to the spirit of God's word, and wholly inconsistent with the claims of Christian duty, reiterate the testimonies of former Assemblies on this subject. The Assembly also affirm their conviction of the reprehensible complicity in the guilt of the aforesaid traffic of those who knowingly rent their premises for such purpose or endorse licenses that legalize it. And further to give emphasis to the action now taken and the utter- ances of former Assemblies above referred to, the Board of Publication are directed to print an abstract of such former testimonies as cover the points referred to in the overtures, and send a copy thereof to every pas- tor and stated supply within our bounds, with the direction of the Assem- bly to read the same publicly from their respective pulpits. Finally, the Assembly recommend the general circulation of a temper- ance literature as tending to inform and arouse the public conscience with reference to the evils of intemperance. And to aid in this they urge upon the attention of the Board of Publication the publishing, in addition to ITS NATURE, ENDS- AND SUBJECTS. 605 those now on their catalogue, of such other treatises as shall be adapted to this end.— 1871, p. 490. [1875, p. 515; 1876, p. 85. See c, below.] b. Against the Manufacture and Sale, and Renting Property for such Uses. 1. The General Assembly, viewing with grave apprehension the per- sistence and spread of the use of intoxicating drinks, as among the great- est evils, if not the greatest evil, of our day, as a curse resting upon every nation of Christendom, as multiplying their burdens of taxation, pauper- ism, and crime ; as undermining their material prosperity, as a powerful hindrance to the gospel at home, and as still more deeply degrading the heathen, whom we seek to evangelize abroad, would rejoice at the revival, in recent years, of efforts to stay these great evils, and would renew its testimony, begun as early as 1812 (and continued to the present day), " not only against actual intemperance, but against all those habits and indulgences which may have a tendency to produce it." 2. We reiterate the judgments of former General Assemblies against the manufacture and sale of intoxicating liquors to be used as a beverage, and against the renting of one's property knowingly for such manufacture and sale. We admonish our members to avoid all complicity in the traffic, and to use all their influence for the suppression of the same, in such measures and to such degrees as shall seem to them wise and expedient. 3. The efforts of the women of our own and of other churches, in the promotion of the cause of temperance, are recognized as a powerful factor in the settlement of this question, and greatly increase our hope of final and complete success. — 1880, p. 75. c. Testimony of Former Assemblies Affirmed; Conscience, Public Opinion, and Law Invoked. Without attempting, therefore, to indicate any distinct line of policy to be pursued in the effort to repress intemperance, the following resolutions are recommended for adoption : 1. That this Assembly repeats the unvarying testimony of preceding Assemblies against this widespread and destructive vice. 2. That, in view of the evils wrought by this scourge of our race, this Assembly would hail, with acclamations of joy and thanksgiving, the utter extermination of the traffic in intoxicating liquors as a beverage, by the power of Christian conscience, public opinion, and the strong arm of the civil law.— Adopted 1883, p. 655; 1884, pp. 73, 74; 1885, pp. 666-668. 13. Willful Absenting- One's Self from the Ordinances. [See Book of Discipline, Section L., below.] 14. Deliverance on Marriage, Divorce and Infanticide. a. Overture No. 44, relating to unscriptural views of marriage, divorce and infanticide. The Committee recommends the following, which was adopted : The Committee on Bills and Overtures, to which was referred the paper relating to divorce and infanticide, begs leave to report that it recom- mends the adoption of the following: That it is with great pain we are constrained to admit the increasing prevalence in many parts of our country of unscriptural views of the marriage relation, in consequence of which the obligations of that rela- tion are disregarded by many, and separations of husband and wife and divorces for slight and unwarrantable reasons are becoming more frequent 606 OF DISCIPLINE. every year. Nor can we shut our eyes to the fact that the horrible crime of infanticide, especially in the form of destruction by parents of their own offspring before birth, also prevails to an alarming extent. The evils which these errors and crimes have already brought upon our country, and the worse evils which they threaten in the near future, make it imper- ative, as we believe, that the whole power of the ministry and Church of Jesus Christ should be put forth in maintenance of the truth and of vir- tue in regard to these things. Many causes have operated to produce a corruption of the public morals so deplorable, prominent among which may be mentioned the facility with which divorces may be obtained in some of the States, the constant promulgation of false ideas of marriage and its duties by means of books, lectures, etc., and the distribution through the mails of impure publications. But an influence not less powerful than any of these is the growing devotion to fashion and luxury of this age, and the idea which practically obtains to so great an extent that pleasure, instead of the glory of God and the enjoyment of his favor, is the great object of life. It is, therefore, the duty of the Church of Christ to oppose in every practicable way these and all other corrupting agencies and tendencies, and we especially urge upon all ministers of the gospel the duty of giving instruction to the people of their respective charges as to the scriptural doctrine concerning the marriage relation. We warn them against join- ing in wedlock any who may have been divorced upon other than scrip- tural grounds. We also enjoin upon church sessions the exercise of due discipline in the cases of those members who may be guilty of violating the law of Christ in this particular. This Assembly regards the destruction by parents of their own offspring before birth with abhorrence, as a crime against God and against nature ; and as the frequency of such murders can no longer be concealed, we hereby warn those that are guilty of this crime that, except they repent, they cannot inherit eternal life. We also exhort those who have been called to preach the gospel, and all who love purity and the truth, and who would avert the just judgments of almighty God from the nation, that they be no longer silent or tolerant of these things, but that they endeavor by all proper means to stay the floods of impurity and cruelty. We call upon all to remember that marriage is honorable not only in itself, but in its ends. Therefore all who seek to avoid the responsibilities and cares connected with the bringing up of children not only deprive themselves of one of the greatest blessings of life, and fly in the face of God's decrees, but do violence to their pwn natures, and will be found out of their sins even in this world. — 1869, p. 937, O. S. b. From the Presbytery of Cleveland, on divorce. Eecommending that the Assembly refer, in reply, to the deliverances already made in full on the subject, as published in the Digest, pp. 494, 682, 683. — Adopted 1874, p. 26. c. The following resolution was adopted : Whereas, The preservation of the marriage relation, as an ordinance of God, is essential to social order, morality, and religion ; and, Whereas, That relation, in the popular mind, is shorn of its divine sanc- tions, to such an extent, that, not only are its sacred bonds often sundered for insufficient and trifling reasons, but the action of the civil courts, and the divorce laws in many of the States, are in direct contravention of the law of God ; therefore be it Resolved, That the General Assembly hereby bears testimony against this immorality, and earnestly advises the churches and Presbyteries under ENDS AND SUBJECTS. 607 its care to make use of all proper measures to correct this widespread evil.— 1883, p. 689 ; 1885, p. 639. [See Directory for Worship, chap, xi., sec. vi.] 15. Deliverances on Polygamy and Mormonism. Polygamy a Criminal Offense, and to be Suppressed. a. Overture. — The Committee also recommended the adoption of the following preamble and resolutions, referred to them by the Assembly : Whereas, By a recent decision of the Supreme Court of the United States, the sin of polygamy has been declared to be a criminal offense against the Constitution and the law T s of our country, and under it pros- ecution and conviction have followed ; Resolved, 1. That this Assembly hereby records its grateful acknowl- edgment to God that the legal status of this affront to our Christian civ- ilization and this menace to our social order has been finally determined, and so determined as to declare the laws and the policy of our country, in respect to this crime, to be in accord with the conscientious convictions of all patriotic and Christian men. Resolved, 2. That this Assembly earnestly invokes the continued and persistent efforts of all executive officials for the maintenance and the execution of this law, and hereby also appeals to the patriotic Christian men and women of our land to use their united influence in support of that public sentiment, now formulated into legal enactment, which has exposed the pretense of this monstrous practice to be a religious observ- ance, and which justly holds it to companionship with other vices which are the contempt and abhorrence of mankind. Resolved, 3. That these resolutions be transmitted to the Assemblies now in session at Louisville and Memphis, with a request for concurrent action. Resolved, 4. That these resolutions be transmitted, as an official expres- sion from this body, to His Excellency the President of the United States. —Adopted 1879, pp. 586, 587. b. Overture. — In reply to the overture on Mormonism, we recommend the adoption of the following : Resolved, That, inasmuch as the General Assembly of 1879 expressed its abhorrence of the abominations of Mormonism in the action taken on the subject of polygamy, and did further heartily commend the steps taken by the civil power towards the total suppression of this great iniquity, it is deemed unnecessary for this Assembly to make any further deliverance in this matter, other than to express its earnest hope that the General Government will use its utmost endeavor to wipe out the last vestige of this monstrous evil at the earliest practicable period. — Adopted 1880, p. 77. c. Overtures from the Presbyteries of Chicago and Logansport, praying the Assembly to take further action on the subject of polygamy. Your Committee would resjjectfully offer the following for adoption by the Assembly : Action, condemnatory of polygamy, has been taken at several recent meetings of the Assembly. Yet, as the practice of this vice continues, not only unsuppressed but unabated, within the bounds of our national territory, and since a recent decision of the Supreme Court of the United States makes the attempt to strike it more difficult than before, the Assem- bly feels that silence on the subject would now be inexcusable. This enormous wickedness has gradually grown through a period of years, 608 OF DISCIPLINE. organizing itself into a government for its own defence, under the eye of the national government, until it has gained sufficient force to defy the legislative and executive power of the nation. It now stands more haughty and resolved than ever. Its efforts to strengthen itself by immi- gration of the weak and ignorant from Europe, and by despotic suppres- sion of liberty among its votaries and victims, are systematically exerted. For its own fortification, it is forcing its way from its original stronghold into adjacent territory, where, unobserved, it may take root and fasten on the land by finding quiet recognition in local laws. Its spirit grows, with age, no less hostile to the law of Christianity, to the instincts of morality, to the essential principles of civilization, and to the existence of liberty for the people. It is condemned alike by the Church, by the State, by the family, and by the individual conscience. It is abhorred by God. It seems all the more detestable because it hides its crime for shelter under the sacred garb of religion. It is growing as slavery grew, from infancy to maturity of grasp upon the national life. The terrible conflict required for the extermination of the one should sound timely warning as to the latent perils of the other. The territories, in which polygamy yet exists, are under the control of the President and of Congress, i. e., of the national government. The nation, as such, is there- fore responsible for its continuance. The Christian citizens of the nation bear their share in this common responsibility. Should these Territories once become States with polygamy maintained, the difficulty of reaching it would be vastly heightened. They are rapidly increasing in wealth and in population, and will soon be knocking for admission as States at the national door. Efficient action for its oblitera- tion must then, if taken at all, begin without delay. 1. We, therefore, as an Assembly, solemnly protest before God and before men against this heinous and abominable crime, as a foul blot on the face of our country, for the existence of which God will hold the nation to account, and for which he will surely call it into judgment except the evil be speedily abated. 2. We rejoice in the determination of the President of the United States, as expressed in his inaugural address, to deal vigorously with this iniquity. And we assure him of our sympathy and support in all lawful and just efforts for its extinction, praying him not to withhold his hand. 3. We reiterate our hearty approval of the stand, taken by Governor Murray of Utah and his counselors, and by the United States courts of the Territory in hostility to polygamous marriages. 4. We respectfully memorialize the national legislature to enact whatever laws may seem most wise and most efficient for the utter obliteration of this vice, whether as an organized system or as an individual practice. 5. And we urge our own members, without respect to party lines, zeal- ously to exert their influence in every lawful method for the enactment of an amendment to the national Constitution that shall for ever forbid the existence of polygamy in the nation. Your Committee would also recommend that a copy of this action be officially laid before the President of the United States and the presiding officers of the two houses of Congress, as conveying the unanimous sentiment of the ministry and membership of the Presbyterian Church in the United States.— Adopted 1881, pp. 549, 550. d. The Special Committee on Mormonism respectfully recommend to the General Assembly the adoption of the following resolutions : Rewlved, 1. That the Presbyterian Church regards the doctrines and practices of the Mormon institution with loathing and abhorrence, and the ITS NATURE, ENDS AND SUBJECTS. 609 continued existence, in this country and age, of an organization that encourages and defends polygamy as a foul blot on our national character and institutions. 2. That we have noticed with great gratification the recent vigorous action of Congress in the enactment of laws for the suppression of this great evil, and look with confidence to the Government of the United States for their prompt and vigorous execution. 3. That, in view of our profound conviction that the national legislature will succeed in removing this evil only when accompanied by the spread of the gospel of Christ, this Assembly, while commending the Board of Home Missions for its past efforts, urges still greater effort in all the territory in which Mormonism and polygamy exist. — Adopted 1882, pp. 65, 66. 16. Cruelty to Animals. The consideration of the paper on cruelty to animals presented on the second day of the sessions, was resumed, and the paper adopted, as fol- lows: Whereas, It has pleased God, in his holy providence, to raise up helpers, in these latter years, to protect the inferior creation, the companions and helpers of man, from that formerly unrestricted tyranny and cruelty to which they were exposed, so that now, in a majority of the States and Territories of this country, laws in their behalf have been passed, and societies authorized, to prevent all acts of barbarism and cruelty against the poor dumb creatures whom God has committed to our charge ; and Whereas, The courts of our country have for the most part sustained these laws, by fines and imprisonments, whenever and wherever offences have been committed and the facts proved, so that now great reforms are manifest where these societies have existed for any length of time ; and Whereas, The apostle Paul, in urging the proper support of the ministry upon the Church, and " That they which preach the gospel, should live of gospel," quotes the ancient command to the Hebrews, "Thou shalt not muzzle the mouth of the ox that treadeth out the corn ;" and Whereas, All acts of cruelty to the inferior creation tend to produce cruelty in families, and a return to barbarism in society, and are utterly abhorrent to the spirit of the gospel ; — this General Assembly do earnestly recommend their ministers and members everywhere to aid in this good work, to sustain and defend these societies engaged in this noble reform, and that they offer constant prayers to the Holy Dove, the Spirit of God, for his tender influence, to inspire the hearts of men with mercy, and to the Lamb of God, the Head of the Church, to hasten the day, when his own gentle and loving nature shall be given to all men, and " The wolf also shall dwell with the lamb," " and a little child shall lead them." — 1875, p. 510. IV. Nothing shall, therefore, be the object of judicial process, which cannot be proved to be contrary to the Holy Scriptures, or to the regu- lations and practice of the Church founded thereon; nor anything which does not involve those evils which discipline is intended to pre- vent. [I. 4.] 1. New Terms of Communion will not be Sanctioned. On the question whether the manufacturer, vender or retailer of intoxi- cating drinks should be continued in the full communion of the Church. The Committee recommend the following resolution, viz.: "That whilst 77 610 OF DISCIPLINE. the Assembly rejoice in the success of the temperance reformation, and will use all lawful means to promote it, they cannot sanction the adoption of any new terms of communion." — Adopted 1842, p. 16, O. S. 2. Each Case must be Judged of by its own Circumstances. Resolved, That the records of the Synod of Pittsburg be approved, except so far as they seem to establish a general rule in regard to the use and sale of ardent spirits as a beverage, which use and sale are generally to be decidedly disapproved ; but each case must be decided in view of all the attendant circumstances that go to modify and give character to the same.— 1843, p. 189, O. S. V. All children born within the pale of the visible Church are members of the Church, are to be baptized, are under the care of the Church, and subject to its government and discipline, and when they have arrived at years of discretion, they are bound to perform all the duties of church members. [I. 6.] [See in full under Directory for Worship, chap, viii., sec. i.-iii., and chap, x., sec. i. In 1884, sec. 5 was adopted as follows : 5. All baptized persons are members of the Church, are under its care, and subject to its government and discipline. When baptized children arrive at the years of discretion, they are bound to perform all the duties of church members. — 1884, p. 27. In 1885, sec. v. was adopted as above. —1885, p. 601.— if.] CHAPTER II. OF THE PARTIES IN CASES OF PROCESS. VI. Process against an alleged offender shall not be commenced unless some person undertakes to sustain the charge, or unless a judi- catory finds it necessary for the ends of discipline to investigate the alleged offence. [IV.. 2.] Judicial Cases should be Continued without Interruption. The Judicial Committee recommend this Assembly to adopt the rule of the last General Assembly {Minutes of 1864, p. 321), as follows : Whereas, In the experience of this General Assembly and others the confusion arising from the frequent interruption of important business by other items of business wholly disconnected has greatly hindered the sat- isfactory interest and understanding of the members, as well as protracted our proceedings ; therefore, Resolvvd, That it be made a standing rule of the Assembly that all judicial cases be continued without interruption during the sessions of the day, after the Assembly shall have entered upon them, according to appointment, for the order of the day. — 1865, p. 535, O. S. OF THE PARTIES IN CASES OF PROCESS. 611 VII. An offence, gross in itself \ may have been committed in such circumstances, that plainly the offender cannot be prosecuted to convic- tion. In all such cases it is better to wait until God, in his righteous providence, shall give further light, than, by unavailing prosecution, to weaken the force of discipline. [III. 3.] VIII. No prosecution shall be allowed in a case of alleged personal injury, where the injured party is the prosecutor, unless those means of reconciliation have been tried, which are required by our Lord, Matthew xviii. 15-17 : "If thy brother shall trespass against thee, go and tell him his fault between thee and him alone ; if he shall hear thee, thou hast gained thy brother. But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. And if he shall neglect to hear them, tell it unto the Church." [II. 3.] 1. No Testimony may be Introduced Injurious to Parties not on Trial. a. An overture on a case of discipline was taken up, and is as follows : Suppose a member of the Church is on trial, and his accuser is " Com- mon Fame."* One specification against him is, "Speaking evil of his brethren A and B, while he neglects to take any gospel steps to bring them to repentance or to trial." The specification is abundantly sustained by testimony, but the person on trial proposes to introduce testimony to prove that the reports which he circulated, and the opinions which he pronounced derogatory to the brethren named, were true. Has the accused a right to introduce such tes- timony tending to injure the character of parties not on trial, nor connected at all with the prosecution, and having no opportunity for defence f Would the Session be authorized to reject such testimony, on the ground that if introduced it would not exculpate the accused, inasmuch as he had no right to circulate evil reports against his brethren, whether true or false, while neglecting to bring them to trial ? To this the following answer was given : The person on trial under charges tabled on the ground of " Common Fame " has no right to introduce testimony which inculpates his brethren who are not on trial, and who have no opportunity to defend themselves, because it was his previous duty to take proper steps, if the persons were guilty of the evils which he had alleged against them, to bring them to repentance or free the church from the scandal. — 1852, p. 177, N. S. b. The Committee to which was referred the petition of certain individ- uals, members of the congregation in Tammany street, Baltimore, reported, and their report, being read and amended, was adopted, and is as follows, viz. : That while it is unquestionably the privilege of individuals and mem- bers of the Presbyterian Church, when they think they see the peace, purity or prosperity of the Church in danger, either from an individual or from an inferior court, to apply to the General Assembly in an orderly manner for redress or direction, yet, in such cases, unless they mean to * Common fame, since the adoption of the Revised Book of Discipline, is no longer a ground of process. The principle, however, sot forth in the above deliverance holds in all cases of prosecution. See Hook of Discipline, see. vi., clause 2. — M. 612 OF DISCIPLINE. come forward as prosecutors with the necessary testimony, they should most carefully avoid mentioning names connected with charges of the most serious kind, in support of which no evidence has been orderly adduced ; nor have the individuals thus accused had an opportunity of replying to those charges, or of making any defence of themselves. The Assembly, therefore, cannot witness a procedure of this kind without expressing their disapprobation of it. — 1824, p. 113. c. "Resolved, That the Assembly sustain the appeals of the Session of the Church of Bloomington, and of Dr. Wylie, against a decision of the Synod of Indiana, and the judgment of the Presbytery and Session is hereby confirmed, on the ground that Mr. Harney circulated evil reports against Dr. Wylie, without showing that he did it in the due performance of some indispensable duty ; but it is the judgment of this Assembly that Mr. Harney shall still have the privilege, if he desire it, of commencing a prosecution against Dr. Wylie before the Presbytery of Vincennes, and in such case, said Presbytery are hereby authorized and directed to hear the whole cause and issue the same in a constitutional way." — 1834, p. 443. IX. The course prescribed by the preceding section shall not be required when the prosecution is initiated by a judicatory ; but in all such cases, and in every case of prosecution by a private person other than the injured party, effort should be made, by private conference with the accused, to avoid, if possible, the necessity of actual process. [II. 2, 3 ; III. 2, 4.] X. When the prosecution is initiated by a judicatory, the PRES- BYTERIAN CHURCH IN THE UNITED STATES OF AMERICA shall be the prosecutor, and an original party ; in all other cases the individual prosecutor shall be an original party. [New.] [See chap, ix., sec. iv., sub-sec. xciv.] XI. When the prosecution is initiated by a judicatory, it shall appoint one or more of its own members a committee to conduct the prosecution in all its stages in whatever judicatory, until the final issue be reached : provided, that any appellate judicatory before which the case is pending shall, if desired by the prosecuting committee, appoint one or more of its own members to assist in the prosecution, upon the nomination of the prosecuting committee. [New.] XII. If one who considers himself slandered requests an investiga- tion which a judicatory finds it proper to institute, one or more of its members shall be appointed to investigate the alleged slander, and make report in writing : and a record thereafter made may conclude the matter. [III. 6.] Such Investigation is at the Discretion of the Presbytery, subject to review as to Misuse or Abuse. A complaint of Kev. Arthur Crosby. vs. the Synod of Long Island. Mr. Crosby complains against the action of the Synod of Long Island, October 19, 1880, in adopting the following resolution, viz. : Whereas, The decision of the Presbytery of Brooklyn, referred to in the OF THE PARTIES IN CASES OP PROCESS. 613 complaint of Rev. Arthur Crosby and others, relates to a matter which it belonged to the Presbytery to determine ; and, Whereas, This decision is not for this reason a legitimate ground of complaint, or a proper subject of review by the Synod on complaint; therefore, Resolved, That the complaint be dismissed. Your Committee find the papers in order. But recommend that the complaint be dismissed, for the following reasons, viz. : 1. That, upon the facts stated by the Presbytery as the basis of its action, the question, whether the investigation asked for should be entered upon or not, was one to be determined in the exercise of a sound discretion on the part of the Presbytery (B. Disc, chajo. iii., sec. vi.). 2. That while the misuse or abuse of discretionary power is reviewable, its use, in this instance, seems to have been in regard to a subject fairly within its range, and unobjectionable in its manner. — Adopted 1881, p. 586. XIII. Great caution ought to be exercised in receiving accusations from any person who is known to indulge a malignant spirit toward the accused, or who is not of good character, or who is himself under censure or process, or who is personally interested in any respect in the conviction of the accused, or who is known to be litigious, rash or highly imprudent. [IV. 4.] Admonition to Prosecutors. And the Assembly judge it more necessary to admonish Mr. Galbraith, and all those who have been and now are connected with him in any con- troversy with Mr. Balch, not to cherish a spirit of litigation, malevolence and discord equally contrary to the general tenor of the gospel and to the peace and harmony of that branch of the Church with which they are connected ; in particular that they withdraw, agreeably to their engage- ments to the Synod of the Carolinas, the civil suits which they have com- menced, and comply with the whole recommendation of the Synod on that subject. On the whole, the Assembly hope and trust that all the parties in this concern will feel the solemn obligations which lie upon them as professed disciples of the meek and lowly Jesus not to indulge a rancorous spirit, nor to rend and divide his Church by the indulgence of a haughty, uncomplying and unforgiving temper, but to unite mutually and cordially in endeavoring to close the wounds which they have unhap- pily opened, over which they have so much reason to mourn, and which we exhort and conjure them not to aggravate, but by every gentle and tender application to endeavor to heal. — 1798, p. 159. XIV. Any person who appears as a prosecutor, without appoint- ment by the judicatory, shall be warned before the charges are pre- sented that, if he fail to show probable cause for the charges, he must himself be censured as a slanderer of the brethren, in proportion to the malignancy or rashness which may appear in the prosecution. [V. 7.] 614 OF DISCIPLINE. 1. Failure to show Probable Cause for Charges involves Censure for Slander. a. The unfinished business of Saturday, viz., an appeal by Mr. William L. McCalla from a decision of the Synod of Kentucky, in which decision the Synod declared, that Mr. McCalla had failed to prove certain charges which he had brought against the Kev. James Blythe, was resumed, and the appellant was heard till he declared himself satisfied. On motion, Resolved, That the judgment of the Synod of Kentucky, with respect to the charges brought by Mr. William L. McCalla against the Rev. James Blythe, be and it hereby is affirmed; — 1815, p. 596. b. The complaint of J. W. Davidson, W. C. Koons and J. McElhinny, against the Synod of Baltimore. This case originated in the Presbytery of Carlisle, as the result of the trial of a minister, by which the complainants were severely censured for presenting a certain paper containing allegations against the character of the said minister, which allegations, though not tabled as charges, were adjudged to be slanderous. The parties censured complained to the Synod of Baltimore, and the complaint was " sustained in part," by a vote of 17 to 12. The Synod, in its final minute, still inflict a modified censure, of which the said Davidson, Koons and McElhinny complained to the last General Assembly. This last complaint was laid over to this Assembly, to enable the complainants to correct an informality ; which they have since done. The Committee report the case in order, and recommend that it be taken up according to the directions of the Book of Discipline. •The Committee recommend, that the only part of the record to be read in evidence be the paper originally read to the Presbytery of Carlisle, at Newville ; and this may be waived by the parties agreeing ; that the paper contains charges, which, if true, would be scandalous. This recommen- dation is based on the following reasons : I. That it is found by the Synod, in their judgment, that the paper pre- sented by complainants was so presented by them without their being pre- pared to table charges, or to appear as prosecutors, and that they refused to appear as accusers after having presented such a paper. II. In the complaint presented to us, these findings of the Synod are admitted, in that the complainants allege (as the ground of their complaint in this regard) that the Synod decided that the paper presented at Newville by the complainants, was of such a character that it should not have been presented, unless the parties presenting it were prepared to table charges upon it; when, in fact, as they allege, it was but an offer to aid Presby- tery in investigating the difficulty in the congregation of Big Spring, to which complainants belonged, and not as the ground of charges. Thus it will be seen that they not only admit such findings of the Synod, but distinctly allege another and different reason in justification of such pre- sentation, viz., that it was but an offer to aid Presbytery, etc. III. If it be claimed, on the second ground of appeal, that the testi- mony adduced on the original trial be read before the Assembly, then we say that it should not be read, for the following reasons : 1. The accused minister, after a trial (declared by the Synod to be fair and impartial) was acquitted by the Presbytery, and no appeal was taken from such judgment of acquittal; so that the same thereby long since became final and absolute, and this Assembly has no power to reverse this judgment of the Presbytery, for the purpose of relieving these complain- ants from the censure of the Synod ; to do so would be to pronounce two conflicting and contrary judgments upon the same evidence. OF THE PARTIES IN CASES OF PROCESS. . 615 2. Because it has been already adjudicated, in the case of William S. McDowell (Assembly's Digest, Rev. Ed., p. 159), that "no discussion ought to be allowed (involving the character of an absent person) in his absence," much more should this rule be applied to the exclusion of the remaining record, in this case, from its peculiar character, and - all the cir- cumstances attending it. Resolved, That the judgment of the Synod of Baltimore be sustained pro forma, and that the following paper of E. Thompson Baird be admitted to record, viz. : The undersigned, counsel appointed to manage the case of Davidson, Koons and McElhinny, versus the Synod of Baltimore, begs leave to submit, that through an oversight of the complainants in stating their causes of complaint on the one hand, and on account of the rulings of the Assembly as to technical points on the other hand, it is impossible for the case to come before this body on its merits. The complaint ought to have brought up the whole proceedings in the courts below, iii order to a judgment on their regularity as well as justice; but by an omission of the complainants, in stating the grounds of their complaint, this matter cannot be reached. The second cause of complaint is ruled out, because it requires a cross issue, involving the rights of a party not involved in the case. And the first cause of complaint — i. e., as to the rights of the complainants to place on the table of Presbytery the statement alluded to — cannot be justly investigated without taking up all the records and ascertaining all the circumstances which led to its presentation. Under the rulings of this house this cannot be done, since it would involve an absent party. We are thus on technical grounds shut out from a full presentation of the case. All that is left for us is to request the Assembly to admit this paper to record as our reason for waiving a trial, and agree- ing that the judgment of the Synod of Baltimore be sustained pro forma. E. T. Baird, On behalf of Complainants. —1860, pp. 31 and 35, O. S. 2. The Character of One Absent, and not on Trial, not to be Im- peached. Resolved, That no discussion ought to be allowed which may involve the character of Mr. McDowell in his absence. — 1823, p. 74. 3. Censure for Slander may not be Inflicted upon a Private Pros- ecutor unless the Case be fully Issued. In the conrplaint of John Mack et al against a decision of the Synod of Illinois, the Assembly, inter alia, declare : The action of the Presbytery upon a certain resolution was extra-judicial. Our Book of Discipline (Old), chap, v., sec. vii., pronounces a man a slanderer who, on trial, fails to make good his charges. S. L. Hobson was censured as a slanderer without the court reaching by trial the point contemplated by our Book.* — 1867, p. 355, O. S. *The Eevised Book of Discipline directs censure for slander only when the pros- ecutor fails to show probable cause. Sec. xiv. — M. 616 OF DISCIPLINE. CHAPTER III. OF CHARGES AND SPECIFICATIONS. XV. The charge shall set forth the alleged offense ; and the specifi- cations shall set forth the facts relied upon to sustain the charge. Each specification shall declare, as far as possible, the time, place and cir- cumstances, and shall be accompanied with the names of the witnesses to be cited for its support. [IV. 8, amended.] 1. The Charge must be Specific. a. Mr. Ewing complains against the Commission that they received charges against him which were vague and indeterminate. The Synod agrees that these charges are rather deficient in point of specialty, but are of opinion that the Commission acted with prudence and integrity in receiving said charges, inasmuch as they endeavored to reduce them to a specialty, and as Mr. Ewing submitted so far as to plead to them, and as the particular circumstances of the first and third Presbyterian congrega- tions in Philadelphia were viewed by them as so critical as in their judg- ment required an immediate discussion of the affair. Yet the Synod orders that all their judicatures shall for the future be particularly careful not to receive or judge of any charges but such as shall be seasonably reduced to a specialty in the complaint laid before them.— 1770, p. 406. Especially in Cases of Heresy. b. There was a great deficiency in the charges preferred against Mr. Craighead as it relates to precision. All charges for heresy should be as definite as possible. The article or articles of faith impugned should be specified, and the words supposed to be heretical shown to be in repug- nance to these articles, whether the reference is made directly to the Scrip- ture as a standard of orthodoxy, or to the Confession of Faith, which our Church holds to be a summary of the doctrines of Scripture. But in none of the charges against Mr. Craighead is this done, and in two of them (third and fourth) it would be very difficult to say what articles of faith are supposed to be contravened in the errors charged on Mr. Craig- head. And the last two charges appear to be so vague and indefinite as to be incapable of proof. In the fifth Mr. Craighead is charged with perverting, etc., the sentiments of the preachers and writers in our con- nection. Now, in our connection there are a multitude of preachers and writers differing by many shades of opinion from each other. How, then, can this be a just ground of accusation? In the sixth he is charged with the false coloring of facts, etc. But no facts are established by evidence, none are specified in the charge; and to make it a just ground of accusa- tion, it ought to have been a designed and malicious discoloring of the facts, etc.— 1824, p. 121. c. The Assembly would further advise that all the charges against Mr. Spillman which may be wanting in definiteness be made, if practicable, more specific, so that they may be conformable to the directions of the Book of Discipline.— 1860, p. 46, O. S. XVI. A charge shall not allege more than one offense; several charges against the same person, however, with the specifications under GENERAL RULES PERTAINING TO ALL CASES. 617 each of theru, may be presented to the judicatory at one and the same time, and may, in the discretion of the judicatory, be tried together. But, when several charges are tried at the same time, a vote on each charge must be separately taken. [New.] [See under sec. xxiii., below, 3.] XVII. In all cases of alleged personal injury, where the prosecu- tion is by the injured person or persons, the charge must be accom- panied by an averment that the course prescribed by our Lord, Matt, xviii. 15-17, has been faithfully tried. [New.] CHAPTER IV. OF PROCESS: GENERAL RULES PERTAINING TO ALL CASES. XVIII. Original jurisdiction, in relation to Ministers, pertains to the Presbytery ; in relation to others, to the Session. But the higher judicatories may institute process in cases in which the lower have been directed so to do, and have refused or neglected to obey. [New.] [As adopted in 1884, after the word "ministers" were the words "and acting ruling elders," which were stricken out. — 1885, p. 601. — M.~\ XIX. When a judicatory enters on the consideration of an alleged offence, the charge and specifications, which shall be in writing, shall be read; and nothing more shall be done at that meeting, unless by consent of parties, than to furnish the accused with a copy of the charge and specifications, together with the names of all the witnesses then known to support each specification ; and to cite all concerned to appear at a subsequent meeting of the judicatory, to be held not less than ten days after the service of the citations. The citations shall be signed, in the name of the judicatory, by the moderator or clerk, who shall, also, furnish citations for such witnesses as either party shall name. The accused shall not be required to disclose the names of his witnesses. [IV. 5, 6, 7 ; V. 8.] 1. Censure without Trial Unconstitutional.* a. Messrs. Ker and Rankin, the commissioners to this Assembly from the Presbytery of Lewes, in behalf and by the order of the said Presby- tery, applied to the Assembly and remonstrated against a decision of the last Assembly in the case of Mr. Hindman, in which they conceive the Presbytery of Lewes is virtually condemned without their having had an opportunity of defending themselves, which they conceive they could readily have done. After considerable discussion, it was * No. 1 above does not apply to " Cases without Process," as specified in Book of Discipline, chap. vii. — 31 78 618 OF DISCIPLINE. Resolved, As the sense of this house, that no man or body of men, agreeably to the Constitution of this Church, ought to be condemned or censured without having notice of the accusation against him or them and notice given for trial; and therefore, that if the General Assembly of last year meant by the minute in question to pass a censure on the Pres- bytery of Lewes, it was informal. — 1793, p. 71. b. There was an error in the Synod of North Carolina in expressing a judicial opinion in relation to charges against Mr. Davies which did not come before them.— 1849, p. 264, O. S. 2. A Judicatory may not Suspend -without Trial.* The Committee appointed to examine the records of the Synod of the Carolinas reported, and the book -was approved to page 28 of the twenty- third sessions of said Synod, with the exception of the resolution to make a minister liable to suspension without trial for three years' absence from Synod, without sending forward his reasons for absence. — 1811, p. 468. 3. Censure upon an Absent Person without Citation Disap- proved of.* The Assembly, moreover, cannot forbear expressing their regret that the Presbytery of Washington should have passed a vote of censure upon Mr. McCalla without citing him to appear before them or giving him any opportunity of making a defence, since this mode of proceeding seems to have occasioned a portion of the irregularity in the Presbytery of West Lexington, of which the Presbytery of Washington have complained. — 1821, p. 21. 4. Exclusion from the Pulpit or from Communion may not be without Trial and Conviction.* Whereas, It appears from memorials sent up to this Assembly, that sev- eral of our Presbyteries have adopted resolutions excluding slaveholders from their pulpits and from their communion : And whereas, our Consti- tution requires that no member of the Presbyterian Church shall be thus disfranchised without a regular trial and conviction, . . . therefore ; Resolved, That the said Presbyteries be requested to rescind such resolu- tions.— 1840, p. 24, K S. 5. The Accused may not be Required to Declare what he Expects to Prove by his 'Witnesses. The Judicial Committee in reference to Judicial Case No. 4 — the case of J. H. Spillman against the Synod of Kentucky — after a further con- ference with the parties representing this case, would recommend to the General Assembly the adoption of the following minute disposing of the same : While this General Assembly do not undertake to reverse the decision of the Synod of Kentucky against Mr. J. H. Spillman, it cannot be doubted — for it is admitted by the Synod's and the Presbytery's repre sentatives here — that there were some informalities in the proceedings of the lower courts against Mr. Spillman, which this General Assembly is bound to disapprove ; in particular, that the session had no right to insist upon Mr. Spillman 's making known beforehand what he expected to prove by his witnesses as the condition upon which he should be allowed to proceed in the examination. On the other hand, it is equally clear that Mr. Spill- *Nos. 1,2,3, and 4 above do not apply to "Cases without Process," as specified in Book of Discipline, chap. vii. — M. GENERAL ULES PERTAINING TO ALL CASES. 619 man ought not to have abandoned his case, as it appears by the record that he did, upon that decision by the session. This General Assembly, however, grant leave to Mr. Spillman to withdraw his appeal, and recom- mend to the session of Paint Lick Church to take up the case where it was abandoned before their tribunal, provided that Mr. Spillman assure them that he has testimony to produce which may be relevant to the case.^-1860, p. 45, O. S. XX. Citations sball be served personally, unless the person to be cited cannot be found, in which case the citation shall be sent to his last known place of residence; and, before proceeding to trial, it must appear that the citations have been served. [1st clause new; 2d clause IV. 14.] XXI. If an accused person refuses to obey a citation, a second cita- tion shall issue, accompanied by a notice that, if he do not appear at the time appointed, unless providentially hindered, he will be censured for his contumacy, according to the subsequent provisions of the Book of Discipline. (See sees, xxxiii., xxxviii. and xlv.) If he does not then appear, the judicatory may proceed to trial and judgment in his absence ; in which case it shall appoint some person to represent him as counsel. The time allowed for his appearance, on any citation sub- sequent to the first, shall be determined by the judicatory, with proper regard for all the circumstances. The same rule, as to the time allow r ed for appearance, shall apply to all witnesses cited at the request of either party. [IV. 10, 11, 12, 13.] 1. Contumacy not to be Hastily Inferred. In the progress of this case the Presbytery proceeded regularly to cite the accused, once and again ; and upon his not appearing, they proceeded to the trial, and having gone through the evidence they referred the whole to the Synod to adjudicate upon it, with the expression of their own opin- ion that Mr. Craighead ought to be suspended. The Synod met imme- diately after Presbytery, and took up the case, and in concurrence with the opinion of the Presbytery suspended Mr. Craighead from the gospel ministry. In this proceeding the General Assembly are of opinion that there was too much haste. Mr. Craighead was not guilty of contumacy, for he wrote two letters to the Presbytery excusing himself for non-attendance ; and if he had been guilty of contumacy, he ought to have been suspended on that ground.— 1824, p. 121. 2. Contumacious. — Restored on Submission. The Committee to whom was referred the appeal of Mrs. Maria Hill from the decision of the Synod of Albany at their stated meeting at Cats- kill in her case respectfully report: That after examining the documents presented, and hearing the state- ments of the parties, by themselves or counsel, your Committee are satis- fied that substantial justice has been done in their case. The alleged irregularities in the lower judicatories which are complained of are of a technical character, or caused by the course pursued by the appellant or her agents. She could at any time have arrested the pro- ceedings and prevented a conviction of contumacy by submitting to the 620 OF DISCIPLINE. authority of her session and answering their citations, and can now at any moment reverse the sentence and be restored in the manner provided by the tenth article of the fourth chapter of our Book of Discipline (Old). Your Committee, therefore, recommend that the appeal of Mrs. Maria Hill be not sustained. Adopted as the decision of this Assembly. — 1864, p. 504, N. S. [See chap, vii., sec. iii., sub-sec. xcix.] 3. Contumacy not to be Charged on First Citation. The Assembly sustained the appeal of Mr. Arthur from the sentence of the Presbytery, by which he was suspended from the gospel ministry on the ground of contumacy, because the Presbytery appear to have been precipitate, and not to have observed the constitutional rules. [See Dis- cipline (Old), chap, iv., sees, vi., x. and xi.] They deem, too, the request of Mr. Arthur for a copy of the first sentence to have been reasonable, and that it ought to have been complied with. — 1822, p. 53. 4. To Proceed in the Absence of the Accused, without a Second Citation, Irregular; but the Right to Complain "Waived by- Appearing afterward and Pleading. An appeal of Mr. William McElwee from the action of the Synod of Toledo for sustaining the Presbytery of Maumee in refusing to furnish him with the usual letter of good standing and transfer to the Presbytery of Philadelphia. The Committee report that it appears from the papers put in their hands that Mr. McElwee was charged with a heinous crime, of which he made a written confession ; that the Presbytery took action upon this charge, and issued a citation for Mr. McElwee to answer to it, the same being sent to him through the post-office. When the Presbytery met, the accused did not appear, but this written confession was presented, together with testimony that it was signed by him in the presence of witnesses, and with the understanding that it was to be made use of in the Presbytery. Under the circumstances the Presbytery judged that it was not necessary to cite him a second time, but thought themselves authorized to proceed as though he had been present. They therefore proceeded, deposed Mr. McElwee from the ministry and suspended him from the Church. Some time after this Mr. McElwee asked the Presbytery to remove his deposition, restore him to his former good standing and dis- miss him to another Presbytery. He asked this on the ground that he was deeply penitent for the sin of which he had been guilty ; and the request was concurred in by several other persons. The Presbytery refused to restore him, and this action the Synod sus- tained. Mr. McElwee complains that the Presbytery adjudicated the case in his absence and without a second citation. The Committee are of the opinion that the Presbytery acted irregularly in disposing of this case in the absence of the complainant and without a second citation. But they are of the further opinion that the complainant waived his further right to complain by afterward appearing before Presbytery, confessing his guilt, and asking to be restored. And while a sentence of deposition from the gospel ministry and suspension from the communion of the Church may be removed upon evidence of repentance, of the genuineness of such repentance the Presbytery alone are to judge. Nor is there any evidence that the Presbytery misjudged. The Committee recommend that the case be dismissed. — Adopted 1875, pp. 511, 512. 5. In the Absence of the Accused, Counsel must be Assigned. But the appeal from the first sentence, by which the charge of slander preferred against him by the Rev. Joshua L. Wilson was declared to be GENEEAL RULES PERTAINING TO ALL CASES. 621 substantiated and Mr. Arthur required to submit to a rebuke, the Assem- bly could not sustain. For, although the Assembly noticed the omission of Presbytery to assign Mr. Arthur counsel to manage his defence (see Discipline (Old), chap, iv., sec. xiii.), yet they did judge the pamphlet, of which Mr. Arthur admitted himself to be the author, to contain slan- der against Mr. "Wilson, and could not but disapprove of the spirit under the influence of which it appeared to have been written. — 1822, p. 53. 6. "When the Judicatory has taken the Testimony as above, it may Proceed to Trial and final Judgment as if the Accused ■were Present. [The Assembly of 1865 (N. S.) appointed a Special Committee — Eev. Samuel W. Fisher, D. D., Eev. Thomas Brainerd, D. D., Kev. Ezra E. Adams, D. D., Hon. William Strong, LL.D., and Hon. Joseph Allison, LL.D. — to report to the next Assembly. (See Minutes 1865, p. 49.) Their report was presented the next year, and was adopted. [The principles of this Deliverance are affirmed in the last clause of sec. xxi., above.— if.] The undersigned, a Special Committee, to whom was referred Overture No. 14 to the General Assembly of 1865, together with the report of a former committee thereon, and who were instructed to report to the pres- ent Assembly, respectfully submit the following : The overture is in these words : " When the judicatory have proceeded, in accordance with chap, iv., sec. xiii., of the Book of Discipline (Old), to take the testimony in the case of an accused person, may they proceed to pass judgment thereon as if he were present, or shall he be left simply under censure for contumacy ?" The question thus presented is exclusively one of power. It is not whether, in all cases, it is advisable that a church judicatory should pro- ceed to a final determination of the case ; nor is it what has been the usage in some of the tribunals of the Church ; but it is strictly, What does the Book of Discipline authorize ? It is freely admitted that a long course of usage under a statute is no inconsiderable evidence of the mean- ing of that statute ; but it must be a usage growing out of the enactment itself, and claimed to have been authorized by it. Mere neglect to exercise powers conferred is no proof that they were not granted. Had the fathers of the Church generally decided that, by the fourth chapter of the Book of Discipline (Old), no power is recognized in a judicatory to proceed to the trial of an accused person when he has refused to obey its citations, that his contumacious refusal must arrest all steps to purify the Church of the offence charged, beyond taking evidence to prove that offence, and had such a construction of the Book been generally accepted, it ought to have weight in answer to this overture. But there is no evidence that any such judicial construction has been generally given to the language of the Book. Undoubtedly there have been differences of opinion, and, possibly, it may have been decided in some judicatory, that jurisdiction over an offence charged is necessarily suspended, whenever an accused person disobeys the citations ; but this is of little value in determining what the framers of the Book of Discipline meant by its directions re- specting process, trial and judgment. It is much more important that, in certain cases, where the proof is clear, as where the accused has confessed his guiit, or where he has been convicted of violating the civil law and has absconded, church sessions have been accustomed to proceed to trial and judgment, notwithstanding a refusal of the accused to appear in an- 622 OF DISCIPLINE. swer to citations. Such cases are judicial assertions of power, never de- nied, so far as we are informed. But there is not enough in judicial decision nor in authoritative usage to settle the question. After all, it must be answered from the Book; and the true inquiry is, What is the fair interpretation of the rules laid down in the fourth chapter ? A universally recognized rule of construction is, that, when the purpose of a statute is .clear, the means given for effectu- ating it are to be interpreted with reference to the purpose, and, if possi- ble, so as to secure its accomplishment. Now the ends of discipline are clearly defined. They are declared, by the second section of the first chapter, to be "the removal of offences, the vindication of the honor of Christ, the promotion of the purity and general edification of the Church, and also the benefit of the offender himself." The fourth chapter con- tains the directions given to church judicatories, by which these ends are to be secured. Manifestly, they were intended to be a complete and ef- ficient system adequate to the purposes in view. If they fail of that, the avowed object of their framers is defeated. Then there is no power to remove an offence in any case where the alleged offender refuses to submit himself to trial. Plainly, it is the offence charged which is sought to be removed, either by bringing the offender to repentance, or by the judg- ment of the Church upon it, and ultimately, if necessary, removing the offender. It is from that offence the Church is to be purified, and the honor of Christ vindicated, for by that offence the evil has been done. Anything that comes short of discipline for that, fails of accomplishing the avowed purposes for which the directions of the fourth chapter were prescribed. Contumacious disobedience of citations is another distinct offence, punishment for which is entirely collateral to discipline for the cause that induced the commencement of the process. It is contempt of the lawful authority of the Church, and suspension for it is summary pun- ishment for the collateral offence alone. Neither directly nor indirectly is it an expression of opinion respecting the delinquent's guilt or inno- cence of the charge preferred originally against him. Suspension for con- tumacy would be proper, without regard to anything beyond it. It is quite conceivable that an accused person may willfully disobey citations, and yet be innocent of the charges made against him. It certainly would be an anomaly in any judicial proceeding to hold that a penalty inflicted for a collateral offence vindicates the law 7 against another and possibly much greater crime. If, therefore, the defined ends of discipline are to be secured, a church session must have power to proceed to trial and judgment, though the ac- cused person refuse to obey the citations duly served upon him ; and it is not to be concluded, without clear evidence, that means given to secure those ends are inadequate. When the meaning of the language used in the fourth chapter is sought, the best guide to it will be found in the para- mount intention the language was designed to subserve. The directions given must be construed consistently with that intention ; to further rather than to defeat it. Looking then to the sections of the fourth chapter, and regarding them as part of a system designed for the purposes above men- tioned, to be interpreted so as to harmonize with those purposes as well as with each other, the conclusion seems inevitable that whenever an accusa- tion has been made against a church member, and a church judicatory has entered judicially upon its consideration and obtained jurisdiction by serving of citations upon him, it may go on to final judgment, though he refuses to obey the citations. It is observable that the entire fourth chap- ter is but an outline of process. It does not undertake to prescribe min- GENERAL RULES PERTAINING TO ALL CASES. 623 utely each step that may be taken. It does not even expressly authorize a judicatory to proceed to trial in any case. It rather assumes that, hav- ing taken judicial cognizance of the proceeding, the tribunal will go to trial and judgment. Like a writ of summons in a civil court, the citation is notice that the judicatory has assumed jurisdiction of the case, and that it will proceed to its final determination. When that notice has been given as prescribed, it is contemplated rather than expressly required that witnesses will be examined ; that a trial will be proceeded with, and that a judgment will be given. All these things are implied from what is di- rected respecting them. They are not affirmatively enjoined or even per- mitted. Thus it is said, " witnesses shall be examined in the presence of the accused, or at least after he shall have received a citation to attend," and that he shall be permitted to ask any questions tending to his excul- pation. This is a regulation of the mode of examination, not a direct gift of power to take testimony, yet the implication of power is irresist- ible. The fourteenth section prescribes certain things before proceeding to trial ; and the fifteenth declares that the trial shall be fair and impartial ; but nowhere is it said there shall be a trial. The sixteenth section re- quires the judgment to be regularly entered on the record; but no section in words authorizes a judgment. Everywhere it is assumed that these successive steps in a judicial proceeding may be taken. It would be a rash conclusion from the absence of a specific grant of these powers to deny any right to take testimony, to try and to give judgment. The powers are not only to be implied, but they are comprehensively given by the general provision of the first section, that " the judicatory shall judi- cially take the offence into consideration when all other means of removing it have failed ;" and they are included also in the directions to issue cita- tions. Nor is there any substantial distinction made between cases in which the accused yields obedience to the citations and those in which he is contumaciously disobedient. The thirteenth section is the only one that is supposed to make a difference. By that a second citation is required, to be accompanied with a notice, that if the person cited do not appear at the time appointed, the judicatory, "besides censuring him for his contu- macy, will, after assigning some person to manage his defence, proceed to take the testimony in his case, as if he were present." It has sometimes been asked, if it was intended that the judicatory might proceed in such a case to final judgment, why was not notice required that they would thus proceed ? Why limit the notice to taking testimony ? These ques- tions are easily answered. A notice that the judicatory will proceed to trial and decision would be unnecessary and superfluous. It has already been given in the assumption of jurisdiction over the case and in the ci- tations ; but notice of taking testimony is a different matter. Separate notice of that is generally given in all judicial proceedings. Its design is to give a party an opportunity to cross-examine the witnesses produced against him. And, as the judgment in all ecclesiastical courts must be founded upon evidence, as a judgment for default of appearance is not authorized, it is proper that the accused should have special notice of taking the testimony, though he may refuse to appear in answer to the citation. In fact, however, notice that the testimony will be taken is notice that the judicatory will go on with the trial ; for taking testimony is a part of trial, its first stage. Undue inferences are therefore drawn from the form of the notice, if it is supposed to indicate that the proceed- ings are to stay, when the testimony shall have been taken. At most, it raises but a very feeble im'plication that, because notice of one thing i^ required (a thing very peculiar in itself, and always demanding a special 624 OF DISCIPLINE. notice), therefore nothing else can be done. A similar mode of reasoning would render a trial in any case impossible. Moreover, the thirteenth section affords strong affirmative evidence that a trial and judgment were contemplated by its framers, notwithstanding the refusal of the accused to obey the citations. The evidence is found in the notice that the judicatory will assign some person, not to appear for the accused at the examination of witnesses, but to "manage his defence." The idea of defence in a judicial proceeding is inseparable from answer or trial. If, therefore, the non-appearing accused has a defence to be man- aged, he has an answer to be put in, a trial to undergo. Taking testimony in support of the accusation is no part of the defence. Cross-examination of the witnesses may be a part, but the appointee of the judicatory is to manage the whole. It may also be argued that the provision for taking testimony at all, when an accused person fails to respond to the citation, implies that the case may proceed to a final determination. For what purpose take testi- mony, if no action is to be based upon it ? If it be said to preserve it for use when the accused, repenting of his contumacy, may choose to appear for trial, it may be answered that no such purpose appears in the book. None of the provisions usual, when the object sought to be accomplished is the perpetuation of testimony, are even hinted at. By the sixteenth section the judgment is required to be entered upon the records of the judicatory, but nothing is said of the preservation of unused evidence. It is not even required to be reduced to writing, unless demanded by one of the parties. It may also be argued from the language of the fourteenth section that a trial for the offence charged is intended, though the citations have been disobeyed. In that section it is said that judicatories, "before proceeding to trial," "ought to ascertain that their citations have been duly served on the persons for whom they were intended." If a person cited is in attend- ance, nothing is to be ascertained respecting the service of the citation. It is plain, therefore, that this injunction refers mainly at least to proceed- ing to trial of an absent accused, and it assumes that the judicatory will, after having assured itself of the service of the citations, go on to adjudi- cate the case. This section is susceptible of no other meaning. A similar implication is found in the next section, the fifteenth, which declares that "the trial shall be fair and impartial," and that "the wit- nesses shall be examined in the presence of the accused, or, at least, after he shall have received due citation to attend." This is a regulation of the mode of trial, and it is expressly made applicable both to cases where the accused yields obedience to the citation and to cases where he does not. With these harmonize the sixteenth section, which assumes that there will be a judgment, and the seventeenth, nineteenth and twentieth sections, pre- scribing the discipline to be administered in the event of conviction. The last of these directs excommunication in certain cases. Its fair interpre- tation evidently is that the ground of such extreme action is not contu- macy in disobeying process, but the gross offence charged, to answer for which the accused had been cited. Taking all these sections into consideration, and regarding them as parts of one system, as having reference to the same subject-matter and designed to secure the ends avowed, the Committee are constrained to regard them as applicable to the course of proceeding through all the stages of trial alike in cases where the accused does not appear in obedience to the cita- tions as when he does. In both the judicatory is empowered to proceed to trial and to final judgment. GENERAL RULES PERTAINING TO ALL CASES. 625 To this conclusion an objection has sometimes been urged that at first mention seems to have some plausibility. It is that trial of a person in his absence and the rendition of judgment against him are in conflict with common right and justice; that even criminal courts in State governments do not try offenders in their absence, and that ecclesiastical courts ought to avoid ex parte proceedings. The objection aims less at the power of a judicatory, as recognized by the Book of Discipline, than it does at the policy of exercising it. But it misapprehends what are acknowledged common right and justice, what are the proceedings of courts of law and equity in analogous cases, and what are ex parte proceedings. Nowhere is it held that a man may not deny himself his plainest rights. While he may not be tried for an alleged offence without having an opportunity to be heard, he has no just cause to complain of a trial to which he has been summoned by a tribunal having jurisdiction, and which he has persist- ently refused to attend. In such a case it is he who throws away his own rights. They are not taken from him. This is a principle universally recognized in courts of civil law and of equity, and such courts go farther. They construe a refusal to obey process requiring an appearance as a sub- stantial confession of the complaint, and they render judgment accord- ingly. It is true, State courts having criminal jurisdiction do not try persons for crimes and misdemeanors in their absence. This is for two reasons: They have power to compel attendance, which ecclesiastical courts have not ; and the punishments they inflict affect the life, the lib- erty or the property of the convicted criminal. In fact, they concern the life or the liberty of the accused ; for even if the penalty be only a fine, its payment is usually enforced by detention in custody until satisfaction be made. But ecclesiastical tribunals can pronounce no judgment that touches either the life, the liberty or the property of the accused. Their sentences are peculiar. Indeed, it is asserting a false analogy to assimi- late a trial before a church session to an indictment and trial in a crimi- nal court. It bears a much stronger resemblance to proceedings very common in courts of law, in which members of associations or corporations are called upon to respond for some alleged breach of corporate duty, for which they are liable to be punished by the imposition of penalties or by a motion from membership. In such cases, when the person summoned refuses to obey the mandate of the writ, courts proceed at once to dispose of his case and render final judgment. No one ever supposed that by so doing injustice was done or that any right of the accused was invaded. Much less can he complain who has been cited to answer an accusation taken into judicial cognizance by a church judicatory and who has contu- maciously refused to obey the citation, if the tribunal proceed to try the case, presuming nothing against him but contumacy from his refusal, but founding its judgment solely upon the testimony of witnesses. This ob- jection, therefore, when examined, appears to be without substance. In conclusion, it remains only to recommend, as the opinion of the Com- mittee, that the overture be answered by a declaration of the Assembly that in the case proposed the judicatory may proceed to trial and final judgment as if the accused were present. — 1866, pp. 283-288, N. S. XXII. At the meeting at which the citations are returnable, the accused shall appear, or, if unable to be present, may appear by coun- sel. He may file objections to the regularity of the organization, or to the jurisdiction of the judicatory, or to the sufficiency of the charges and specifications in form or in legal effect, or any other substantial 79 626 OF DISCIPLINE. objection affecting the order or regularity of the proceeding, on which objections the parties shall be heard. The judicatory, upon the filing such objections, shall, or on its own motion may, determine all such preliminary objections, and may dismiss the case, or permit, in the fur- therance of justice, amendments to the specifications or charges not changing the general nature of the same. If the proceedings be found in order, and the charges and specifications be considered sufficient to put the accused on his defence, he shall plead " guilty," or "not guilty," to the same, which shall be entered on the record. If the plea be "guilty," the judicatory shall proceed to judgment; but if the plea be " not guilty," or if the accused decline to answer, a plea of "not guilty" shall be entered of record and the trial proceed. [New.] XXIII. The witnesses shall be examined, and, if desired, cross- examined, and any other competent evidence introduced, at a meeting of which the accused shall be properly notified ; after which new wit- nesses and other evidence, in rebuttal only, may be introduced by either party. But evidence discovered during the progress of the trial may be admitted in behalf of either party, under such regulations, as to notice of the names of witnesses and the nature of the proof, as the judicatory shall deem reasonable and proper; and then the parties themselves shall be heard. The judicatory shall then go into private session — the parties, their counsel and all other persons not members of the body being excluded ; when, after careful deliberation, the judi- catory shall proceed to vote on each specification and on each charge separately, and judgment shall be entered accordingly. [IV. 15 ; VI. 14 ; last period new.] 1. The "Withdrawal of Parties' Counsel, etc., Construed Literally. a. The appeal of Mr. Joseph E. Bell, from a decision of the Presbytery of Concord, suspending him from the office of the gospel ministry, was taken up. The appellant having requested that some person may be appointed to manage his appeal, the Rev. N. S. S. Beman was accordingly appointed. The decision of the Presbytery appealed from, the reasons assigned by the appellant for his appeal, which were on record, and the whole record of the proceedings of the inferior judicatory in the case, were read. After which, Mr. Beman, on behalf of Mr. Bell, was heard. The Pres- bytery of Concord was then heard by its delegate, in explanation of the grounds of its decision. Mr. Beman and the delegate from Concord then withdrew. The roll was then called, to give each member an opportunity to express his opin- ion ; after which the final vote was taken, and the appeal of Mr. Bell was sustained.— 1828, p. 238. See also 1836, p. 265. b. The moderator having decided that the rule requiring the parties to withdraw should be understood in the obvious and literal sense, an appeal GENERAL RULES PERTAINING TO ALL CASES. 627 was taken from his decision, and the decision was sustained by a large majority.— 1848, p. 40, O. S. c. Judicial case No. 2 was resumed, and the roll was called for an expression of opinions, the parties, with the appellant's counsel, having withdrawn from the house. — 1'849, p. 262, O. S. d. The records of the Synod of Georgia were approved, with the excep- tion that on page 337 we have the following minute ; " That the rule in the book requiring the members of the inferior judicatory to withdraw from the house be understood metaphorically, and that the rule be under- stood as fully complied with, by excluding the Flint Presbytery from any further participation in the discussion, and from voting in the case." — 1858, p. 289, O. S. See also 1858, p. 296, O. S. ; 1859, p. 546, O. S.; and Digest of 1873, p. bm. XXIV. The charge and specifications, the plea and the judgment, shall be entered on the minutes of the judicatory. The minutes shall also exhibit all the acts and orders of the judicatory relating to the case, with the reasons therefor, together with the notice of appeal, and the reasons therefor, if any shall have been filed ; all which, together with the evidence in the case duly filed and authenticated by the clerk of the judicatory, shall constitute the record of the case ; and, in case of a removal thereof by appeal, the lower judicatory shall transmit the record to the higher. Nothing which is not contained in the record shall be taken into consideration in the higher judicatory. [IV. 16, 23.] £ ; f 1. Everything Influencing the Judgment of the Judicatory must be Spread upon the Records. The Synod of Illinois have not discharged their duty. They ought to have spread upon their record everything which influenced their judgment in the case, and also to have sent to this Assembly authentic copies of the whole proceedings, with all the documents which had been regularly be- fore them.— 1840, p. 302, O. S. 2. Minutes of Interlocutory Meetings in Judicial Cases should be Recorded; also Report of Judicial Committee in the Case. The Presbytery of Louisiana should have recorded the results of the interlocutory meeting referred to in the complaint. The Synod acted un- constitutionally in permitting the Presbytery of Louisiana to vote on the adoption of the report of the Judicial Committee on the complaint of Rev. Mr. Smylie. The Synod should have placed on its records the above-mentioned re- port.— 1850, p. 481, O. S. 3. Lower Judicatories Directed to Send up Complete Records. a. It appearing that the record in the case of Abigail Hanna against the Synod of Wheeling is incomplete, although the Assembly are informed that a complete record was sent by the Synod, it is ordered that the courts below send up a complete record to the next General Assembly. — 1<^4:>, p. 192, O. S. b. It appears to the Committee that Mr. Russell has conducted his com- 628 OF DISCIPLINE. plaint in due form, but the Synod has failed to furnish the documents needful to its prosecution. The minutes of Synod are present, and com- plainant has furnished attested copies of minutes of Presbytery and of the testimony of witnesses examined. But we have still no attested copy of the charges which had been the basis of the original trial, nor of sundry papers referred to in the Presbytery's records, and which had been received as testimony. The Committee recommend to the Assembly the adoption of the following resolutions in the case : Resolved, That the Synod of Georgia be directed to send up to the next Assembly authenticated copies of all their records, and of the whole testi- mony relating to the matter of the complaint, together with their reasons for not sending up the papers to this Assembly, unless the case shall be previously adjusted.— 1852, p. 212, O. S. 4. The Appellant is Entitled to a Copy of the Sentence. They deem the request of Mr. Arthur for a copy of the first sentence to have been reasonable, and that it ought to have been complied with. — 1822, p. 53. 5. "What Constitutes an Authentic Copy. a. By " the forms of process " Mr. Bourne ought to be allowed copies of the whole proceedings in his case, yet the judicatory appealed from is by the same rules " to send up authentic copies of the whole process ;" his copy, therefore, which he says was taken by himself, but is not shown to the Assembly, is not sufficient ; his affidavit is not required by the course of proceeding in this body, and the three papers presented by him are not to be considered as the commencement of a cause, or the entry of an appeal in this judicatory. — 1816, p. 627. b. [See Form of Government, chap. xx. : " It shall be the duty of the clerk .... to grant extracts from the records whenever properly required, and such extracts under the hand of the clerk shall be considered as authentic vouchers of the fact which they declare in any ecclesiastical judicatory, and to every part of the Church."] 6. Testimony not on Record Admitted by Consent. a. The following papers were offered and ordered to be entered on the minutes, viz.: I offer to the Assembly the paper called "An Appendix" as the rec- ords furnished by the Presbytery in my case, and request that it may be read as containing evidence which was before the Presbytery, and which was not before the Synod. Albert Barnes. The prosecutor in the case of Mr. Barnes, and the Committee appointed by the Synod of Philadelphia, to defend their decision in the same case, hereby agree to the introduction of a document entitled " An Appendix," etc. Not, however, as a part of the records of the inferior judicatory, but as testimony adduced by the appellant to substantiate any statements he has made, or may yet make. George Junkin, "1 S. G. Winchester, I Committee of G. W. Musgrave, f Synod of Philadelphia. David McKinney, J The document called the Appendix, numbered from pp. 1 to 58 inclu- sive, containing the trial, testimony of the parties, Junkin and Barnes, and final decision of the Second Presbytery of Philadelphia, in the said case of Junkin and Barnes, was read. — 1836, p. 256. GENERAL RULES PERTAINING TO ALL CASES. 629 b. The decision of the Synod of New Jersey, of which J. Kirkpatrick and others complain, was read, together with the complainants' reasons of complaint. The records of the Synod in the case were read, and it was moved to read a paper which was not before the Synod, but was admitted by the parties to be an original paper. After debate, it was agreed by the court that the paper offered this morning be read, which was done. — 1841, p. 428, O. S. 7. Reasons not Recorded and Records Deficient: Case Remanded. a. A complaint of Rev. Edward Graham and others against the Synod of the Pacific. It appears that, at its meeting, June 12, 1880, the Presbytery of San Francisco received from the Rev. John D. Strong, one of its members, a letter dated January 7, 1880, saying: "I have determined to terminate my connection with your body. After more than fifty years of thought and study, and earnest desire to find the way of truth and duty, I have ceased to believe the doctrines of the Presbyterian Church, or to feel respect for its practical religion. For this reason I hereby withdraAv from the Presbytery of San Francisco, and ask that my name be stricken from its list of members." A committee was appointed to confer with Mr. Strong, and, at an adjourned meeting of the Presbytery, no report of the committee appear- ing on the records, a motion was adopted to drop the name of John D. Strong from the roll. For this action no reason is assigned by the Pres- bytery, as required (B. Disc. [Old], chap, iv., sec. xxiii.), nor was any minute or judgment entered on the records (B. Disc, chap, iv., sec. xvi.). Complaint against this action was made to the Synod of the Pacific. At its meeting, beginning October 7, 1880, the Synod proceeded to issue the complaint. The Synod did not sustain the complaint, but it put on record no reasons for its decision (B. Disc, chap, iv., sec. xxiii.), nor was any minute or judgment entered (B. Disc, chap, iv., sec. xvi.). Your Committee find the irregularities and deficiencies in the records, both of the Presbytery and of the Synod, so great, and the information furnished by the records of both bodies so meagre, that, inasmuch as the appellate judicatories are confined to the records, in their opinion it is impossible for the Assembly to come to any intelligent decision. They, therefore, recommend that the complaint be referred to the Synod of the Pacific, with instructions to take such action in the premises as the inter- ests of religion and the good order of the Church may seem to them to demand. — Adopted 1881, pp. 586, 587. b. Case ordered to a new trial because the reasons for the decision of Synod were not recorded according to the requisition in chap, iv., sec xxiii., Book of Discipline.— 1861, p." 344, O. S; 1874, p. 74. [See also 1881, pp. 587, 588. Appeal of Rev. Harlan Peck against the Synod of the Columbia : sustained and the action of the Synod set aside, because " No formal action of the Synod was entered upon its records, and no reason given." (See also under Form of Government, appendix, chap, xi., sec. vi., 1878, p. 60, the records of Illinois Central censured, because, in issuing a complaint, they failed to record the subject-matter of the complaint.) — J/.] XXY. Exceptions may be taken by either of the original parties in a trial to any part of the proceedings, except in the judicatory of last resort, and shall be entered on the record. [New.] 630 OF DISCIPLINE. XXVI. No professional counsel shall be permitted to appear and plead in cases of process in any of our ecclesiastical judicatories. But if any accused person feel unable to represent and plead his own cause to advantage, he may request any minister or elder belonging to the judicatory before which he appears, to prepare and exhibit his cause as he may judge proper. But the minister or elder so engaged shall not be allowed, after pleading the cause of the accused, to sit in judgment as a member of the judicatory. [IV. 21.] [In 1884 sec. xxvi. was adopted, as follows : 26. In cases of process in any judicatory, either party may be assisted by counsel, but such counsel shall be in full communion with the Presbyterian Church. Neither the counsel nor either of the parties shall be allowed to sit in judgment, or vote, in the trial of the case. In 1885 sec. xxvi. of the new Book of Discipline was amended by sub- stituting in its place chap, iv., sec. xxi., of the old book, the word "judi- catory " being substituted for " court," as above. — 1885, p. 601. — M.~] 1. Counsel Assigned by Request of the Parties. a. The appeal and complaint of Robert Finley and Smith Bloomfield against the Synod of New Jersey. R. J. Breckinridge was allowed at the request of the former appellant to aid him in conducting his cause: and James Hoge and Nathaniel Hew- itt were allowed, at the request of Myron Barrett, to aid him, in the ab- sence of two other members of a Committee appointed by the Synod of New Jersey, to defend the Synod in this case. — 1858, p. 286, O. S. b. Rev. Dr. Humphrey, chairman of the Judicial Committee, reported case No. 5, being a complaint of William B. Guild against the Synod of New Jersey, and stated that the complainant requested the appointment of a member to take charge of his interests in the case. The Committee recommended the appointment of Rev. S. S. Sheddan, and he was ap- pointed.— 1863, p. 19, O. S. c. In the absence of the appellant, counsel was appointed by the court. —1823, p. 72. 2. No one not a Member of the Judicatory may Act as Counsel. The Committee on Bills and Overtures reported Overture No. 5, as fol- lows : " May the session of a church, at the request of an accused brother, assign as his counsel a minister of the gospel belonging to the same Pres- bytery to which the Session belongs ?" The Committee answered : — " There is no provision for such a case in our Constitution ; and, though it does not appear to contravene its spirit and design, and might in special cases be allowable with advantage ; yet, a strict interpretation of chap, iv., sec. xxi., of the Book of Discipline (Old) seems to preclude the employment of any one as counsel who is not a member of the judicatory. The report was adopted. — 1851, p. 29, N. S. 3. Professional Counsel under all Circumstances Excluded. The Committee on Bills and Overtures, reported, No. 1, from the Pres- bytery of Tuscaloosa, requesting the Assembly to answer the following question : " Is it a violation of our Book of Discipline for professional counsel, under all circumstances, to aid in the examination of witnesses ?" GENERAL RULES PERTAINING TO ALL CaSES. 631 The Committee recommended that the question be answered in the affirmative. The report was adopted. — 1852, p. 205, O. S. XXVII. Questions as to order or evidence, arising in the course of a trial, shall, after the parties have had an opportunity to be heard, be decided by the moderator, subject to appeal ; and the question on the appeal shall be determined without debate. All such decisions, if desired by either party, shall be entered upon the record of the case. [IV. 22.] XXVIII. No member of a judicatory, who has not been present during the whole of a trial, shall be allowed to vote on any question arising therein, except by unanimous consent of the judicatory and of the parties ; and, w T hen a trial is in progress, except in an appellate judicatory, the roll shall be called after each recess and adjournment, and the names of the absentees shall be noted. [Xew.] XXIX. The parties shall be allowed copies of the record at their own expense ; and, on the final disposition of a case in a higher judi- catory, the record of the case, with the judgment, shall be transmitted to the judicatory in which the case originated. [IV. 16, last clause new.] 1. Appellant Entitled to a Copy of the Sentence. They deem too the request of Mr. Arthur for a copy of the first sen- tence to have been reasonable, and that it ought to have been complied with.— 1822, p. 53. 2. The Records of Church Judicatories are Public Documents. Overture from the Presbytery of Council Bluffs, asking whether a min- ister of the gospel, once suspended, but afterward restored, may demand that . the records in his case be closed to inspection or transcript, when required by subsequent judicial proceedings by his own Presbytery. The Committee recommended the following answer : The records of our church courts are public and not private documents, and therefore no one who has been under discipline can " demand " that anything pertaining to his case shall be " closed to inspection or tran- script." Yet a wise Christian charity would suggest that, when the end of discipline in the restoration of an offender has been reached, no further publicity, if possible, should be given to the matter. — Adopted 1879, p. 586. XXX. In the infliction and removal of church censures, judicatories shall observe the modes prescribed in chap. x. of the Directory for Worship. [IV. 19, new.] XXXI. In all cases of judicial process the judicatory may, at any stage of the case, determine, by a vote of two-thirds, to sit with closed doors. [New.] XXXII. A judicatory may, if the edification of the Church demands it, require an accused person to refrain from approaching the Lord's Table, or from the exercise of office, or both, until final action 632 OF DISCIPLINE. in the case shall be taken : provided, that in all cases a speedy investi- gation or trial shall be had. [IV. 18, last clause new.] [See also sees, xxxix. and xlv.] 1. The Accused may be Suspended Pending the Issuing of the Case. Overture. An inquiry from J. A. Clayton : Whereas, Our Book of Discipline (Old), chap, v., sec. ii. ; says, "the same general method, substitut- ing Presbytery for the session," is to be observed in investigating charges against a minister as are prescribed in the case of private members, Does this authorize the Presbytery to apply the principle contained in chap. iv«, sec. xviii., to ministers against whom charges exist that cannot be season- ably tried, so far as to suspend them from the functions of the gospel min- istry until they can be tried ? P. S. — If the above will not apply, what should a Presbytery do in the case? The Committee recommended the following resolution, which was adopted, viz. : Resolved, That when charges are tabled against a minister, and it is im- practicable at once to issue the case, the Presbytery has the right, if the interests of religion seem to demand the measure, to suspend him from the exercise of his ministerial functions until the case shall have been issued.— 1848, p. 34, O. S. 2. Suspension from the Ministry during Process. a. Overtured, that a Committee be sent to Rehoboth, with full power from the Synod to act in their names and by their authority, in the affair between Mr. Clement and that people ; and that Mr. Clement be sus- pended from the exercise of his ministry, until the determination of that Committee. This overture was carried by a vote in the affirmative, nemine contradicente. — 1720, p. 62. b. The consideration of Mr. Alexander Miller's complaint resumed, and upon full inquiry the Synod conclude that, as the Presbytery of Hanover are not present, and it has not been made to appear before us that they were cited to be present, or informed that Mr. Alexander Miller intended to lodge a complaint against them before the Synod at this time, we cannot now enter upon the consideration of the merits of the complaint, but order both the Presbytery and Mr. Alexander Miller to attend our next Synod, prepared for a full hearing, and in the mean time, on account of Mr. Mil- ler's unjustifiable delay for some years to enter his complaint before us, the irregularity of his proceedings during that time, and the atrocious na- ture of the crimes laid to his charge, we do hereby declare him suspended from the exercise of the ministerial office till his complaint can be fully heard.— 1769, p. 396. 3. Suspension from Privileges of Membership. a. That as citation on the foregoing plan is the commencement of a process involving the right of membership in the Assembly, therefore — Resolved, That, agreeably to a principle laid down, chap, v., sec. ix., of the Book of Discipline (Old), the members of said judicatories be excluded from a seat in the next Assembly until their case shall be decided. Adopted by yeas 128, nays 122.— 1837, p. 425. b. The Assembly of 1866, O. S., excluded the commissioners from Louisville Presbytery from a seat until the Assembly should decide upon SPECIAL RULES PERTAINING TO CASES BEFORE SESSIONS. 633 the conduct of their Presbytery. — 1866, p. 12. See Form of Government, chap, xii., sec. v. CHAPTER V. SPECIAL RULES PERTAINING TO CASES BEFORE SESSIONS. XXXIII. When an accused person has been twice duly cited and refuses to appear, by himself or counsel, before a Session, or, appear- ing, refuses to answer the charge brought against him, he shall be sus- pended, by act of Session, from the communion of the Church, and shall so remain until he repents of his contumacy, and submits himself to the orders of the judicatory. [IV. 10.] [See under xxi. above for decisions on contumacy. — iHf.] XXXIV. The censures to be inflicted by the Session are, admoni- tion, rebuke, suspension or deposition from office, suspension from the communion of the Church, and, in the case of offenders who will not be reclaimed by milder measures excommunication. [IV. 17, 20.] [See also under sec. xliii.] 1. Censure is not to be Removed "without Evidence of Repentance. The Assembly having heard the complaint of the Presbytery of Car- lisle against the Synod of Philadelphia in the case of William S. McDow- ell, with the facts and arguments offered both by the Presbytery and the Synod, judged that the Synod had a constitutional right to reverse the decision of the Presbytery in the case, either in whole or in part, as to them might seem proper, but that in the exercise of this right the Synod have not duly regarded the principles of discipline prescribed in the Con- stitution, inasmuch as it appears by their records that they have removed all censure from a man whom they declare to be deserving of rebuke, without directing that rebuke to be administered, and without receiving any evidence of his penitence. — 1823, p. 81. 2. Deposition and Excommunication, Distinct Acts. a. The records of the Synod of Geneva are approved, with the excep- tion of a resolution, which declares that a deposed minister ought to be treated as an excommunicated person. In the judgment of this Assem- bly, the deposition and excommunication of a minister are distinct things, not necessarily connected with each other, but when connected, ought to be inflicted by the Presbytery, to whom the power of judging and censur- ing ministers properly belongs. — 1814, p. 549. b. Resolved, That though the causes which provoke deposition are almost always such as to involve the propriety of exclusion from the sacraments, yet the two sentences are not essentially the same, the one having reference to office, and the other to the rights of membership ; and, therefore, Pres- byteries should be explicit in stating both, when they mean both. When, however, a Presbytery interpret deposition to involve suspension from the sacraments, and pronounce the censure in that sense, the sentence obvi- ously includes both.— 1848, p. 34, O. S. 80 634 OF DISCIPLINE. XXXV. The sentence shall be published, if at all, only in the church or churches which have been offended. [IV. 19.] CHAPTER VI. GENERAL RULES PERTAINING TO THE TRIAL OF A MINISTER, ELDER, OR BEACON XXXVI. As the honor and success of the gospel depend, in a great measure, on the character of its ministers, each Presbytery ought, with the' greatest care and impartiality, to watch over their personal and professional conduct. But as, on the one hand, no minister ought, on account of his office, to be screened from the hand of justice, or his offenses to be slightly censured, so neither ought charges to be received against him on slight grounds. [V. 1.] XXXVII. If a minister be accused of an offense at such a distance from his usual place of residence as that it is not likely to become otherwise known to his Presbytery, it shall be the duty of the Presby- tery within whose bounds the offense is alleged to have been committed, if it shall be satisfied that there is probable ground for the accusation, to notify his Presbytery thereof, and of the nature of the offense ; and his Presbytery, on receiving such notice, shall, if it appears that the honor of religion requires it, proceed to the trial of the case. [V. 4.] 1. Discipline of a Minister can be only by his own Presbytery. A proposition from the Presbytery of West Lexington and Louisville to the Assembly to authorize them to prosecute ministers of other Presby- teries, who may preach heresy within their bounds, was taken up and read. Whereupon it was resolved, That the Constitution in sees, ii., hi. or iv., of chap, v., of the Book of Discipline (Old), contains sufficient provision on the subject overtured. — 1835, p. 476. 2. Even when Non-resident. The Presbytery of New York represented to Synod that one of their members now resided in the bounds of New Brunswick Presbytery, whose moral character labored under some imputations, and requested the advice of Synod as to which of the Presbyteries should make the inquiry into that matter, whereupon the Synod judged it to be the duty of the Presby- tery of New York.— 1782, p. 495. 3. Difficulty of Process does not Relieve the Presbytery of Re- sponsibility. — Discipline by Boards of Missions, etc., not Rec- ognized. a. The Committee on the Polity of the Church made a report, which was adopted, and is as follows : The Third Presbytery of New York, by overture, inquire what order it would be proper for them to take with reference to a member who has 635 been excluded from Christian fellowship by a ministerial association undeT the patronage of the A. B. C. F. M., and dismissed from the service of that Board for immorality, and with whom a regular process of discipline by the Presbytery is difficult, on account of his distance from them and from any ecclesiastical body of our connection. The General Assembly reply, that the ecclesiastical relations of the individual in question evidently re- main unchanged by the action of persons not organized under any dis- tinct form of government, and especially not guided by the principles of discipline to which he was subject ; and the only correct course for the Presbytery to take, if they regard him as a proper subject of discipline, is to pursue precisely the forms of process given in our Book of Discipline, however difficult or protracted the actual process may be. — 1856, p. 194, N.S. b. The Board has Discretion as to Expediency of Appointment. The Committee, to whom was recommitted the report on Overture No. 9, made the following report, which was adopted, viz. : In answer to the questions propounded by the Presbyteries of Union and French Broad, the Assembly would say, that though they do not recognize in the Board of Missions the authority to sit in judgment upon the orthodoxy or morality of any minister who is in good standing in his own Presbytery, yet, from the necessity of the case, they must exercise their own sound discretion upon the expediency or inexpediency of ap- pointing or withholding an appointment from any applicant, holding them- selves amenable to the General Assembly for all their official acts. — 1830, p. 290. c. In all questions touching .... the character of ministers the Board of Home Missions, in cases of difference between itself and the Presby- tery, should abide by the final judgment of the Presbytery. — 1883, p. 644. 4. Duty of a Presbytery to give Notice of an Offence. Overture from the Presbytery of Kock River, being a question of inter- pretation of the Book of Discipline (Old), chap, v., sec. iv. The Committee recommends the following answer : When it is alleged that a minister has committed an offence in the bounds of a Presbytery of which he is not a member, the Presbytery in the bounds of wdiioh it is alleged the offence was committed has performed its entire duty in the premises when it notifies the Presbytery to which he belongs of the allegation and the grounds on which the allegation is based. The report was adopted.— 1869, p. 922, O. S. 5. A Suspended Licentiate can be Restored only by the Presby- tery which Suspended him. — Another may take Testimony. The Committee, to which was referred the statement of the commis- sioner from the Presbytery of Fayetteville, respecting a licentiate of the Presbytery of Hopewell, who had been suspended, both from the privilege of preaching the gospel, and from the enjoyment of the sealing ordinances of God's house, reported the following resolution, which being read, was adopted, viz. : Resolved, That the only correct mode to be pursued by the licentiate, in order to obtain restoration to his former standing, is to make direct appli- cation to the Presbytery of Hopewell ; and that the Presbytery of Fay- etteville may, with propriety, collect and transmit to the Presbytery of Hopewell, any testimony, touching the moral character of said licentiate, 63ti OF DISCIPLINE. while living within the bounds of the Presbytery of Fayetteville, when- ever requested by either the licentiate or the Presbytery of Hopewell. — 1822, p. 39. 6. Such Presbytery has no Power to Try, but only to take Testi- mony. 2. That in the opinion of this Assembly, the Presbyteries both of Har- mony and Steubenville appear to have misconceived the directions as laid down in chap, v., sees, iii., iv., of the Book of Discipline ; inasmuch as those rules do not transfer jurisdiction from a Presbytery to which a min- ister belongs, to the one within whose bounds he resides, so as to authorize the latter Presbytery to try such minister ; but only to examine witnesses in the case, and transmit an authentic record of the testimony to the Pres- bytery which made the application ; therefore, Resolved, 3. That the Presbytery of Harmony is at liberty to pursue such a course in the case of Mr. Belknap as the circumstances of the case and the good of religion shall in their opinion require. — 1831, p. 339. XXXVIII. If a minister accused of an offence refuses to appear by himself or counsel, after being twice duly cited, he shall, for his contumacy, be suspended from his office ; and if, after another citation, he refuses to appear by himself or counsel, he shall be suspended from the communion of the church. [V. 11.] XXXIX. If a judicatory so decides, a member shall not be allowed, while charges are pending against him, to deliberate or vote on any question. [V. 9.] [See under XXXII. above.] XL. If the accused be found guilty, he shall be admonished, rebuked, suspended or deposed from office (with or without suspension from church privileges, in either case), or excommunicated. A minis- ter suspended from office may, at the expiration of one year, unless he gives satisfactory evidence of repentance, be deposed without further trial. [V. 10, 12, 13, 14, last clause new.] 1. Sentence may be Passed on Confession. From the Session of the First Presbyterian Church, Knoxville, Iowa, asking if the accused person, before a committee regularly appointed by the judicatory for private interview, confess guilt and willful persistence in sin, and, afterward appearing before the judicatory upon the first cita- tion, again confesses guilt and willful persistence in sin, may the judicatory proceed to pass their sentence without a further process of trial ? An- swered in the affirmative. — 1879, p. 613. 2. A Suspended Minister may not Exercise any Function of the Ministry. That in the opinion of this Assembly, ministers of the Presbyterian Church, when regularly suspended by the competent judicatories, have no right to exercise the functions of a minister during that suspension. — 1825, p. 156. 3. Does not Rank as a " Common Christian in Good Standing. " Mr. Foreman, being suspended from the ministry, ought by no means 637 to be considered as occupying the ground of a" common Christian in good standing." — 1821, p. 15. 4. The Name of one Suspended is to Remain upon the Roll. a. The records of the Synod of Northern Indiana approved except that on page 54, the Synod censure the Presbytery of Michigan for retaining the name of Mr. Mcoll on the roll after suspending him from the gospel ministry. Your Committee are of the opinion that the name of a sus- pended minister should be retained on the roll of Presbytery till they proceed to the higher censure, though he be deprived of the exercise of his ministerial functions. The report was adopted.— 1847, p. 398, O. S. b. From the Presbytery of Redstone, asking if it is proper to remove the name of a suspended member of the Presbytery from its roll, and place it in a private register. Your Committee recommend that this over- ture be answered in the negative. [Digest, p. 160, sec. 39.] — Adopted 1882, p. 96. XLI. Heresy and schism may be of such a nature as to call for deposition ; but errors ought to be carefully considered, whether they strike at the vitals of religion and are industriously spread, or whether they arise from the weakness of the human understanding, and are not likely to do much injury. [V. 13.] [See ante. Form of Government, pp. 218-230.] XLIL If the Presbytery finds, on trial, that the matter complained of amounts to no more than such acts of infirmity as may be amended and the people satisfied, so that little or nothing remains to hinder the usefulness of the offender, it shall take all prudent measures to remove the evil. [V. 15.] XLIII. A minister deposed for immoral conduct shall not be restored, even on the deepest sorrow for his sin, until after some con- siderable time of eminent and exemplary, humble and edifying con- duct ; and he ought *in no case to be restored, until it shall clearly appear to the judicatory, within whose bounds he resides, that the restoration can be effected without injury to the cause of religion ; and then only by the judicatory inflicting the censure, or with its advice and consent. [Y. 16.] 1. Restoration of a Deposed Minister. Caution Enjoined. a. An extract from the records of the Presbytery of New York was laid before the Assembly and read. From this and the explanation given, it appeared that a certain Aaron C. Collins, formerly a member of that Pres bytery, had been deposed by them from the office of the gospel ministry that the crimes for which he was deposed were scandalous and highly ag- gravated; that his submission to the sentence of deposition had been only partial, he having exercised the functions of a gospel minister during a part of the time he lay under the sentence; that Mr. Collins had lately applied to that Presbytery to restore him to his office, and certain circum- stances were stated as evidence of his penitence. The Presbytery there- 638 OF DISCIPLINE. fore requested the advice of the General Assembly in the premises. And as the principal crime for which Mr. Collins had been deposed was com- mitted within the limits of the General Association of Connecticut, which had formerly taken cognizance of the offence, the Presbytery requested the co-operation of the Assembly for bringing the case before the Associa- tion for their advice. The Assembly having taken this subject into consideration, and obtained the necessary information, Resolved, 1. That they cannot advise the Presbytery of New York to restore Mr. Collins under existing circumstances. 2. That this Assembly comply with the latter request made by the Pres- bytery of New York; they accordingly did, and hereby do enjoin it on their delegates to the next General Association, to take the necessary measures for bringing this subject before that body, for their advice. — 1805, p. 335. b. The General Association of Connecticut, having taken into consider- ation the case of Mr. Aaron C. Collins, who has been deposed from the office of the gospel ministry, on account of an aggravated sin, by which he has brought scandal on himself and the ministry, and having attended to documents and vouchers presented by the delegates from the General As- sembly of the Presbyterian Church, were happy to hear the profession of penitence made by Mr. Collins, and the testimony by which it was accom- panied to prove it sincere. But as it appeared that he had only partially submitted to the sentence of deposition, and continued during part of the time he lay under censure to exercise the functions of a gospel minister, and that he had made no retraction for such disorderly conduct, therefore they agree with the Gen- eral Assembly of the Presbyterian Church., that under existing circum- stances, it would not be conducive to the interests of religion for the Pres- bytery of New York to restore Mr. Collins to the office of the gospel ministry. — Minutes, General Association, 1806, p. 349. 2. Presbytery other than that which Deposed, Authorized to Re- store; but under the Revised Book this is Forbidden. Resolved, That the case of Mr. George Bourne be referred to the Pres- bytery of New York, in whose bounds he now resides ; and it is hereby ordered, that the Presbytery of New York be furnished by the Presby- tery of Lexington, with all the documents relative«to the position of Mr. Bourne ; that they receive testimony as to the character and deportment of Mr. Bourne since his deposition, and also the evidences of repentance which Mr. Bourne may furnish. And it is ordered, moreover, that the said Presbytery of New York do proceed to issue the case, and either continue the sentence of deposition, or restore him, the said Bourne, to the gospel ministry, as they may judge proper. — 1824, p. 124. 3. The Assembly Recommends Restoration, the End of Discipline being gained. Resolved, That the prayer of the memorialist be granted so far as that this General Assembly recommend to the Presbytery of Fayetteville to reconsider their decision in the case of the Rev. Archibald McQueen ; and if, in their judgment, it should appear conducive to the peace of the Church, and the promotion of religion in the region around them, to* restore Mr. McQueen to the communion of the Church, and to the exercise of the func- tions of the gospel ministry, on the ground that in his case the ends of discipline are attained by the operation of the sentence under which Mr. McQueen has been lying for a period of three years. — 1845, p. 32, O. S. TRIAL OF A MINISTER, ELDER, OR DEACON. 639 4. "When the Names of Deposed Ministers are to be Published. Resolved, That it be recommended to the Presbyteries under the care of the General Assembly, when they shall depose any of their members from the exercise of the ministerial office ; and when any person so deposed shall, without having been regularly restored, assume the ministerial char- acter, or attempt to exercise any of the ministerial functions, that in such case, with a view to prevent such deposed person from imposing himself on the churches, Presbyteries be careful to have his name published in the Assembly's magazine, as deposed from the ministry, that all the churches may be enabled to guard themselves against such dangerous impositions. —1806, p. 360. XLI V. If a minister is deposed without excommunication, his pul- pit, if he is a pastor, shall be declared vacant ; and the Presbytery shall give him a letter to any church with which he may desire to con- nect himself where his lot may be cast, in which shall be stated his exact relation to the Church. If a pastor is suspended from office only the Presbytery may, if no appeal from the sentence of suspension is pending, declare his pulpit vacant. [Y. 17, 2d and 3d clauses new.] One who has Demitted the Ministry, or been Deposed, must be Reordained if Restored. Overture from the Presbytery of Schuyler, as follows : Is reordination necessary in the restoration of a deposed minister to the sacred office ?- And in view of the provisions of the Kevised Book of Dis- cipline, will reordination be necessary in the restoration to the ministry of those by whom the office has been demitted ? The Committee recommends the following answer : It is the judgment of this General Assembly that when a minister is deposed his office is taken from him, he becomes a layman, and according to the New Book of Discipline, sec. xliv., he is to be enrolled as a com- municant in a particular church. Should he be recalled to the ministry, therefore, he should be reordained. The same course ought to be adopted in the restoration of one who has demitted the ministry ; inasmuch as the Book of Discipline, sec. li., describes one who has demitted the sacred office as returning " to the con- dition of a private member of the Church." — Adopted 1884, p. 115. XLV. A Presbytery may, if the edification of the Church demand it, require an accused minister to refrain from the exercise of his office until final action in the case shall be taken; provided, that in all cases a speedy investigation or trial shall be had. [V. 9, last clause new.] [See under XXXII. above.] XLVL In process by a Session against a ruling elder or deacon, the provisions of this chapter, so far as applicable, shall be observed. [New.] [As amended.— 1885, p. 601.] As adopted in 1884, sec. xlvi. reads as follows : XL VI. In process by a Presbytery against an acting elder, or by a Session against a Deacon, the provisions of this chapter, so far as applicable, shall be observed. [New.] [See sec. xviii., chap. iv. — 3/.] 640 OF DISCIPLINE. CHAPTER VII. OF CASES WITHOUT PROCESS. XLVII. If a person commits an offence in the presence of a judi- catory, or comes forward as his own accuser and makes known his offence, the judicatory may proceed to judgment without process, giv- ing the offender an opportunity to be heard ; and in the case first named he may demand a delay of at least two days before judgment. The record must show the nature of the offence, as well as the judg- ment and the reasons therefor, and appeal may be taken from the judgment as in other cases. [New.] XLVIII. If a communicant, not chargeable with immoral conduct, inform the Session that he is fully persuaded that he has no right to come to the Lord's Table, the Session shall confer with him on the subject, and may, should he continue of the same mind, and his attendance on the other means of grace be regular, excuse him from attendance on the Lord's Supper ; and, after fully satisfying themselves that his judgment is not the result of mistaken views, shall erase his name from the roll of communicants, and make record of their action in the case. [New.] XLIX. If a communicant, not chargeable with immoral conduct, removes out of the bounds of his church without asking for or receiv- ing a regular certificate of dismission to another church, and his resi- dence is known, the Session may, within two years, advise him to apply for such certificate; and, if he fails to so do, without giving sufficient reason, his name may be placed on the roll of suspended members until he shall satisfy the Session of the propriety of his res- toration. But, if the Session has no knowledge of him for the space of three years, it may erase his name from the roll of communicants, making record of its action and the reasons therefor. In either case the member shall continue subject to the jurisdiction of the Session. A separate roll of all such names shall be kept, stating the relations of each to the Church. [New.] [See also under chap, xii., sec. cxvi.] L. If any communicant, not chargeable with immoral conduct neglects the ordinances of the Church for one year, and in circum- stances such as the Session shall regard to be a serious injury to the cause of religion, he may, after affectionate visitation by the Session, arid admonition if need be, be suspended from the communion of the Church until he gives satisfactory evidence of the sincerity of his repentance, but he shall not be excommunicated without due process of discipline. [New.] OF CASES WITHOUT PEOCESS. 641 1. Willful Absenting One's Self from the Ordinances of God's House. a. The decision of the General Assembly in the case of the appeal of Alexander Frazer against a decision of the Synod of Buffalo refusing to sustain his appeal, and affirming the decision of the lower courts suspend- ing him from the communion of the Church on the charge of a willful absenting of himself from the ordinances of God's house for the space of a year and a half, is that the appeal be not sustained, but the decision of the Synod affirmed : First. Because the conduct charged, if the appellant was justly charge- able with such conduct, was a high offence. Second. Because it was openly acknowledged in court by the appellant that he was chargeable with the offence charged, and this is not denied by any party.— 1859, p. 546-7, O. S. b. [In the appeal of Alexander Gordon vs. the Synod of Buffalo.] The Assembly deem any detailed expression of opinion in this case sup- erseded by the minute already adopted in relation to the case of Mr. Fra- zer (see a, above), to which this corresponds in its leading features. . . . It is further the opinion of the Assembly that had the improper conduct of the appellant been made a subject of discipline at an earlier period, a more happy issue might have been reached. The Assembly formally and affectionately urges on the appellant a submission to the sentence of his brethren and a speedv return to the path of duty and privilege. — 1859, p. 547, O. S. c. The Assembly took up Judicial Case No. 6, being the complaint of the Rev. N. West, D. D., against the Synod of New York. Mr. Rowland had absented himself from the ordinances of the Second Church of Brooklyn, New York, for some months. Upon application for his certificate the session gave him a certificate, omitting the words " at present in good and regular standing" and substituting for them a testimo- nial to his previous good Christian character, inserting at the same time a statement of the fact of his recent absence from the ordinances of the church. Mr. Rowland brought a complaint against the session before the Presbytery of Nassau, and the Presbytery sustained the complaint. Mr. West complained to the Synod against the Presbytery. The Synod of New York, by a vote of 10 to sustain, 12 to sustain in part, and 21 not to sustain, sustained the complaint of Rev. N. West against the Presbytery, and then, in its final minute, ordered a letter in the usual form to be given to Mr. Rowland. Against the decision of the Synod in adopting this minute Mr. West complains. . . . Dr. Rodgers offered the following resolution, which was adopted : Resolved, That the complaint of the Rev. N. West, D. D., be sustained, and the decision of the Synod in its final minute be and it hereby is reversed ; and further that the Synod erred in prescribing to the session of the Second Church of Brooklyn the form of a certificate to be granted to Mr. Rowland after they had already granted a certificate to him which was agreeable to the Constitution of the Church and to the truth. — 1864, p. 328, O. S. d. The appeal and complaint of G. A. Hotchkiss against the Synod of Indiana for sustaining the session of Pleasant Township Church and the Presbytery of Madison in censuring him for absenting himself from pub- lic worship on account of disagreement with his pastor. The papers were read in order, the regular process prescribed in the book was observed, and the Assembly voted unanimously that the action of the inferior courts be sustained and confirmed. — 1854, p. 44, O. S. 81 642 OF DISCIPLINE. e. Discipline Enjoined for Willful Absence. Is it consistent with regular standing in our Church for church mem- bers to be supporters and attendants in other churches not of our commu- nion while absenting themselves from and refusing to support the church to which they belong ? The Committee recommend that the question be answered in the nega- tive, with an injunction on church Sessions to make such cases a matter of discipline. Adopted 1865, p. 537, O. S. /. But may not be without Trial. The same Committee further reported Overture No. 4, as follows : " Is it within the province of the Session to excommunicate without formal trial a church member who makes a written confession of having embraced heret- ical views, and in consequence having violated covenant by long contin- ued absence from the ordinances of the church, and who requests to be cut off from the church ?" The Committee recommend that the party asking the above question be referred to the Book of Discipline (Old), chap, iv., and such Session be urged to follow strictly the order laid down therein. The report was adopted. — 1865, p. 12, N. S. [See under Book of Discipline, chap, iv., sec. xxi., and chap, vi., sec. xl.] g. No. 5, from the Presbytery of Utica, requesting an answer to the following questions, viz. : If any member of a particular church should desire to dissolve his connection with the church, on the ground of a want of piety, or a radical change of doctrinal belief, and should file a statement and request to that effect with the pastor or Session, and they, making all due efforts, should fail to change the petitioner's mind, and charges calling for discipline should have been made against him — would it be in violation of anything in the Constitution of our Church or the rules of discipline to grant this request? The Committee recommend the following answer to the above : The course proposed in this overture would be decidedly irregular and injurious. The Book of Discipline and the best usages of the Presbyte- rian Church, know of no way by which the connection of the communi- cant of a particular church can be dissolved but by death, dismission to another church, or exclusion through a regular process of discipline. There are many sincere persons who, notwithstanding the most persever- ing efforts to enlighten them, remain ignorant of the best evidences of personal piety, and from despondency or spiritual indolence may desire to have their names dropped from the roll of communicants. Long forbear- ance should be exercised toward such, and, in the course of time, we may hope that they may become happy in the enjoyment of their principles. There are, however, some who give painful evidence of the want of spirit- ual life, and, after diligent efforts to reclaim them, willfully refuse to repent of sin or to put faith in Christ. These should be dealt with in a wise, decided manner. They should be charged with the guilt of impen- itence and a breach of their covenant obligations. Their own obligations render useless most of the usual forms of process in cases of outward and scandalous offences ; but they should, nevertheless, be treated as offences (Book of Discipline (Old), chap, i., sec. iii.) ; and, when this is ineffectual to bring them to repentance, they should be, in a regular manner, sus- pended from the communion of the church. The report was adopted. — 1875, pp. 505, 506. [See also Book of Discipline, chap. vii., sees, xlviii. and 1.] OF CASES WITHOUT PROCESS. 643 LI. If a minister, otherwise in good standing, shall make applica- tion to be released from the office of the ministry, he may, at the dis- cretion of the Presbytery, be put on probation, for one year at least, in such a manner as the Presbytery may direct, in order to ascertain his motives and reasons for such a relinquishment. And if, at the end of this period, the Presbytery be satisfied that he cannot be useful and happy in the exercise of his ministry, they may allow him to demit the office, and return to the condition of a private member in the Church, ordering his name to be stricken from the roll of the Presby- tery, and giving him a letter to any church with which he may desire to connect himself. [New.] [See under Form of Government, chap, x., sec. viii., ante, pp. 161-163, 42, 1, a—h; also pp. 165-169, 6, a-e. These decisions and deliverances, so far as they forbade the demission of the ministry, are repealed by this section. — M.~] LIL If a communicant renounces the communion of this Church by joining another denomination, without a regular dismission, although such conduct is disorderly, the Session shall take no other action in the case than to record the fact, and order his name to be erased from the roll. If charges are pending against him, these charges may be prosecuted. [New.] [See under liii., below.] LIII. If a minister, not otherwise chargeable with an offence, renounces the jurisdiction of this Church by abandoning the ministry, or becoming independent, or joining another denomination not deemed heretical, without a regular dismission, the Presbytery shall take no other action than to record the fact, and to erase his name from the roll. If charges are pending against him, he may be tried thereon. If it appears that he has joined another denomination deemed hereti- ical, he may be suspended, deposed, or excommunicated. [New.] [See under Form of Government, chap, x., sec. viii., Digest, ante, p. 169 ; confirmed 1879, Minutes, p. 613 ; also, Digest of 1873, pp. 625, 626 ; con- firmed 1880, Minutes, p. 45 ; Book of Discipline, below, sec. cxvi. — M.~] Those who Entertain Views Irreconcilable with our Standards, Urged to Withdraw, While, in accordance with complete freedom of conscience, the General Assembly would urge upon all fidelity to our doctrinal Standards, they would at the same time earnestly advise any one who may entertain views irreconcilable with our Standards, to take the authorized course, after consultation with his Presbytery, and peacefully withdraw from the min- istry of our Church.— 1878, p. 99. [See also Book of Discipline, sec. ii., par. 5, above.] 644 OF DISCIPLINE. CHAPTER VIII. OF EVIDENCE. LIV. Judicatories ought to be very careful and impartial in receiv- ing testimony. Not every person is competent, and not every compe- tent person is credible, as a witness. [VI. 1.] LV. All persons, whether parties or otherwise, are competent wit- nesses, except such as do not believe in the existence of God, or a future state of rewards and punishments, or have not sufficient intelli- gence to understand the obligation of an oath. Any witness may be challenged for incompetency, and the judicatory shall decide the ques- tion. [VI. 2, 3.] A Prosecutor may Testify. [Exceptions to records of Synod of Philadelphia.] Page 18, Res. 2d, decides, That a prosecutor cannot be a witness in the same case ; whereas a prosecutor in behalf of common fame is not excluded from bearing tes- timony, nor does our Book exclude any prosecutor from bearing testimony on either side of a case pending. MS. endorsement on Synod Book. — 1858, p. 298, O. S. LVI. The credibility of a witness, or the degree of credit due to his testimony, may be affected by relationship to any of the parties ; by interest in the result of the trial ; by want of proper age ; by weak- ness of understanding ; by infamy or malignity of character ; by being under Church censure ; by general rashness or indiscretion ; or by any other circumstances that appear to affect his veracity, knowledge or interest in the case. [VI. 4.] Credibility of a "Witness to be Determined by the Judicatory. An overture from the Presbytery of Ningpo, China, asking : 1. In Form of Government, chap, ix., sec. vi., are non-church-members included in the expression, " other witnesses," or does it refer only to wit- nesses from other congregations ? 2. May a heathen of good repute appear as a witness before a church Session in a case of discipline ? Answer. Persons who are not church-members, even though heathen, in good repute, may be admitted to testify. Their credibility is to be determined by the judicatory. (See Disc. (Old), chap. vi. sees, i., ii. and iv.)— Adopted 1881, p. %bb. [See below, lvii.] LVII. A husband or wife shall be a competent witness for or against the other, but shall not be compelled to testify. [VI. 5.] Husband and "Wife Competent "Witnesses in the Same Case. The Assembly went into the consideration of the case reported by the Presbytery of Ohio, which was in the following terms: "A certain mar- ried woman charges an unmarried man with immodest conversation and conduct in attempts upon her chastity, of which her husband and another. OF EVIDENCE. 645 or indifferent person, were at a certain time witnesses. Whereas our Con- stitution declares that a person accused shall not be convicted by a single witness, can the said woman and her husband be admitted witnesses in the above case? To the above question the Assembly answered, that in all such cases as that submitted by the Presbytery of Ohio, it is a principle that both the husband and wife are to be admitted to give testimony. But in every particular case as it occurs, the judicature before whom it is tried, ought, in order to guard against collusion, to pay a very scrupulous regard to all the circumstances attending it, and especially to the characters of those who are admitted as evidences, so that on one hand the necessity of the case may be consulted, and on the other, that no injury may result to an innocent person. — 1797, p. 128. LVIII. Evidence may be oral, written or printed, direct or circum- stantial. A charge may be proven by the testimony of one witness, only when supported by other evidence; but, w^hen there are several specifications under the same general charge, the proof of two or more of the specifications, by different credible witnesses, shall be sufficient to establish the charge. [VI. 6, largely amended.] LIX. Xo witness, afterwards to be examined, except a member of the judicatory, shall be present during the examination of another witness if either party object. [VI. 7.] LX. Witnesses shall be examined first by the party producing them ; then cross-examined by the opposite party ; after which any member of the judicatory or either party may put additional interrogatories. Irrelevant or frivolous questions shall not be admitted, nor leading questions by the parties producing the witness, except under permission of the judicatory as necessary to elicit the truth. [VI. 8.] LXI. The oath or affirmation shall be administered by the modera- tor in the following, or like terms : " You solemnly promise, in the presence of the omniscient and heart-searching God, that you will declare the truth, the w 7 hole truth, and nothing but the truth, accord- ing to the best of your knowledge, in the matter in which you are called to testify, as you shall answer to the Great Judge of quick and dead/' [VI. *9.] 1. The Authority for Administering a Judicial Oath. The Committee appointed to draft an answer to the following question, overtured from the Presbytery of Georgia, viz. : "Whence do the General Assembly derive authority to empower the moderator of a church session to administer an oath?" reported the following, which was adopted, viz.: "An oath for confirmation, (saith the Apostle,) is to men, an end of all strife," Heb. vi. 16. It is a solemn affirmation, wherein we appeal to God, as the witness of the truth of what we say; and with an imprecation of his vengeance if what we affirm is false, or what we promise be not per- formed. Its force results from a belief that God will punish false swear- ing with more severity, than a simple lie, or breach of promise ; because perjury is a sin of greater deliberation, and violates superior confidence. 646 OF DISCIPLINE. That oaths are lawful is evident from the fact that our Lord, when in- terrogated on certain occasions, answered upon oath. See Matt. xxvi. 63, 64. Paul also uses several expressions which contain the nature of an oath. See Kom. i. 9, ix. 1 ; 1 Cor. xv. 31 ; 2 Cor. i. 18 ; Gal. i. 20. They are solemn appeals to God. It is manifest that oaths are not to be used on light or trivial occasions. We are expressly commanded not to take God's name in vain. But as the Bible does not point out the particular occasions when oaths are to be used ; nor the persons who are to adminis- ter them, these circumstances are left to the discretion of individuals and communities. The necessity of oaths is founded in expediency; and all associations, whether civil or ecclesiastical, have a right to use them for confirmation, when, in the exercise of a sound discretion, they are deemed important. It is lawful for every community, in the compact on which their union is founded, to point out the cases in which oaths shall be used, and who shall administer them. The authority of moderators in the Presbyterian Church to administer oaths, is not derived from the General Assembly, but from the Constitution, or articles of compact, which our churches have adopted, and by which they have agreed to be governed as a Christian community. It may be proper also to add, that the oaths prescribed by ecclesiastical authority and administered by civil authoritv, in no respect interfere with our relations to civil society. Nor can the administering of them, if rightly viewed, be considered as a violation of those laws of the State, which prescribe the manner in which civil oaths shall be administered. — 1823, p. 87. 2. Testimony should be under Oath, and Recorded. Statements were given as evidence by the members of Presbytery, which are not recorded, and which do not appear to have been given under the usual solemnity of an oath. Craighead's case. — 1824, p. 122. LXII. Every question put to a witness shall, if required, be reduced to writing. And, if either party desire it, or if the judicatory shall so decide, both question and answer shall be recorded. The testimony, thus recorded, shall be read to the witnesses in the presence of the judicatory, for their approbation and subscription. [VI. 10, 17.] LXIII. The records of a judicatory, or any part of them, whether original or transcribed, if regularly authenticated by the Clerk, or in case of his death, absence, disability or failure from any cause, by the moderator, shall be deemed good and sufficient evidence in every other judicatory. [VI. 11.] LXIV. In like manner, testimony taken by one judicatory, and regularly certified, shall be received by every other judicatory as no less valid than if it had been taken by themselves. [VI. 12.] [65. All the evidence introduced in any judicatory shall be received under and according to the general rules of evidence, except as otherwise defined and limited by the provisions of this chapter. [New.] Omitted 1885, p. 602, and the following sections renumbered. — if.] LXV. Any judicatory, before which a case may be pending, shall have power, whenever the necessity of parties or witnesses shall require OF EVIDENCE. 647 it, to appoint, on the application of either party, a Commission of Min- isters or Elders, or both, to examine witnesses ; which Commission, if the case requires it, may be of persons within the jurisdiction of another body. The Commissioners so appointed shall take such testimony as may be offered by either party. The testimony shall be taken in accordance with the rules governing the judicatory, either orally or on written interrogatories and cross-interrogatories, duly settled by the judicatory, due notice having been given of the time when, and place where, the witnesses are to be examined. All questions as to the rel- evancv or competency of the testimony so taken shall be determined by the judicatory. The testimony, properly authenticated by the sig- natures of the Commissioners, shall be transmitted, in due time, to the clerk of the judicatory before which the case is pending. [V. 3, 4 ; VI. 13.] [See above, under sec. XXXVII.] LXVI. A member of the judicatory may be called upon to testify in a case which comes before it. He shall be qualified as other wit- nesses are, and, after having given his testimony, may immediately resume his seat as a member of the judicatory. [VI. 15.] A Member of the Judicatory Required to Testify: to Refuse is Contumacy. a. Resolved, That a member of a judicatory, present when the judicatory is taking testimony, is bound, if called upon to do so, to give his testimony in the case that is in process, and that his refusal to do so, on the ground that he had not been cited beforehand, would subject him to censure for contumacy. — 1854, p. 45, O. S. b. Records of the Synod of Cincinnati excepted to for not sustaining exception 2 to the Minutes of the Presbytery of Cincinnati, p. 409, in the following words : " Denying to the prosecution the right to introduce members of the court on the spot, without a citation, to disprove and rebut certain testimony of the defence." — 1878, p. 118. LXVII. A member of the Church, summoned as a witness, and refusing to appear, or, having appeared, refusing to testify, shall be censured according to the circumstances of the case for his contumacy. [VI. 16 ; IV. 10.] A Minister Cited to Testify before a Session. A request from certain ministers and ruling elders of the Synod of Alabama, for the opinion of the General Assembly touching certain ques- tions that may arise in the case of a minister, who, when cited by a church Session as a witness, declines to appear before that court. The Committee recommended that the brethren be referred to the Book of Discipline (Old), chap. L, sec. v. ; chap, iv., sec. x. ; chap, v., sees. i. and ii. ; chap. vi., sec. xvi., for answer to their questions. — Adopted 1854. p. 17. O. 8. [See under sec. xxi., above, for definition of contumacy, and under sees. xxxiii., xxxviii. and xlvi. for the treatment of it. — J/.] 648 OF DISCIPLINE. LXVIII. If, after a trial before any judicatory, new evidence is discovered, supposed to be important to the exculpation of the accused, he may ask, if the case has not been appealed, and the judicatory shall grant, if justice seems to require it, a new trial. [IX. 1.] 1. New Trial may be had on the Allegation of New Testimony. a. That as new evidence, apparently of an important kind, has been alleged in this case since the decision of the Synod, it is proper that a new trial be instituted thereon. — 1793, p. 68. b. Resolved, That as only one of the parties in this case is present, this General Assembly do not consider themselves as placed in circumstances which admit of their reconsidering the decision of last Assembly on Mr. Hindman's appeal from the Synod of Philadelphia, even if the existence of new evidence were ever so unquestionable. Resolved, also, That it is the well-known privilege of Mr. Hindman, if he consider himself as having new evidence to offer in this case, to apply to the Presbytery for a new trial upon that new evidence. — 1811, p. 479. c. The Judicial Committee reported on the appeal of John Ward from a decision of the Synod of Genesee, that on the ground of new testimony the appellant be directed to apply to the church of Bergen for a new trial. The report was adopted.— 1829, p. 266; also 1841, p. 307, O. S. 2. If the Judicatory Refuse to Grant a New Trial upon the Alle- gation of New Testimony, a Complaint may Lie. a. A complaint from Mr. Francis Hindman against the Presbytery of New Castle, for not granting him a new trial in his case, agreeably to the resolution of last Assembly, having been put into the hands of the mode- rator, was read, together with several papers accompanying it [and referred to a Committee], who were authorized to call for other papers and to cite witnesses if they deem it necessary, and were directed to report to the Assembly the result of their attention to the subject. — 1812, p. 496. b. The Committee to which the complaint of Mr. Hindman against the Presbytery of New Castle, had been referred, reported, and the report being read, was adopted, and is as follows, viz. : That having carefully examined the papers committed to them, and having heard Mr. Hindman in his own case, as also a member of the Presbytery of New Castle in explanation of their conduct, they find no cause of complaint against said Presbytery in their treatment of Mr. Hindman.— 1812, p. 504. 4. Appeal remitted for New Trial on New Testimony. The business left unfinished yesterday, viz., the consideration of the appeal of Mr. Todd, from the decision of the Synod of Kentucky, affirm- ing a decision of the Presbytery of Transylvania, by which decision Mr. Todd was deposed from the gospel ministry, was taken up, and after con- siderable discussion of the subject of the appeal, the following resolution was adopted, viz. : The Assembly having heard the documents in this case, were of opin- ion, that the way is not clear, at present, for the reversal of the sentence of suspension ; but as it appears to the Assembly, that Mr. Todd's opin- ions have not been perfectly understood ; and whereas there appears to have been some irregularity, as to the nature of the testimony admitted on the trial before the Presbytery ; therefore, Resolved, That the Presbytery of Transylvania be directed to reconsider OF EVIDENCE. 649 the case of Mr. Todd ; to afford him another opportunity of explaining himself; and, if they should be satisfied, to restore him to his former standing. — 1817, p. 666. 4. A Superior Judicatory may not Order a New Trial without the Allegation of New Testimony. [In cases of appeal, irregularity of proceedings may require a new trial, which may be ordered. Case of H. Donaldson, 1882, p. 107. — M.~] Appeal of Mrs. M. J. Browning from a decision of the Synod of Geneva. The Committee report that it has read the decision appealed from, and the reasons assigned for the appeal, and has heard the parties. They recommend that the General Assembly sustain the appeal : a. 1. Because a superior court cannot order an inferior court to rehear a case already decided when no intimation of additional evidence is given. Nor Pass by the next Loiver, in ivhieh the Case has once been Adjudicated. b. 2. Because in sending back the case, the Synod passed by the Pres- bytery in which the case had once been adjudicated. — Adopted 1878, p. 34. LXIX. If, in the prosecution of an appeal, new evidence is offered which, in the judgment of the appellate judicatory, has an important bearing on the case, it shall either refer the whole case to the inferior judicatory for a new trial ; or, with the consent of the parties, take the testimony, and hear and determine the case. [IX. 2-6.] 1. On the Ground of New Testimony, the Case Referred. The Judicial Committee reported on the appeal of John Ward, from a decision of the Synod of Genessee, that having duly considered the case, they recommend that, on the ground of new testimony, the appellant be directed to apply to the church of Bergen for a new trial. The above report was adopted. — 1829, p. 266. 2. The Fact and Importance of New Evidence must be Shown. a. In the case of Rev. Geo. Sheldon (see Directory for Worship, chap. xi., sec. iii.), the Assembly sustained the inferior courts, and in answer to a protest, reply — 1. The action of the Presbytery in the case was irregular, only techni- cally, and not in such a sense as to vitiate the substantial justice of the result. The case had been on trial during a period of some three years, and ample opportunity had been given in this period for the accused to defend himself. 2. Although it is asserted, that only extracts from Mr. Sheldon's letters were admitted in evidence, yet it appears that one letter, and the most important one, is given in full ; that the extracts from the other letters are undisputed, and that these fairly and clearly present the truth in the case. 3. As to the alleged new evidence, it appears that it was before the Judicial Committee of the Presbytery, and read in full before the Synod, and w y as unanimously decided by these judicatories to be no ground for reopening the case; and it also appears, that this testimony is wholly ir- reconcilable with statements made by Mr. Sheldon in the letters above referred to. 4. Inasmuch as the Assembly, after a full hearing of the case, by a 82 650 OF DISCIPLINE. vote of more than two-thirds, decided that there have been no material deviations from the rules of the Book of Discipline for conducting judi- cial cases, it is deemed unnecessary at this late hour of their sessions, to reply further to the allegations of 'the protestants.— 1858, p. 609, N. S. b. The Committee to which the complaint of Mr. Hindman, against the Presbytery of New Castle, had been referred (see Old), reported, and the report being read, was adopted, and is as follows, viz. : That having carefully examined the papers committed to them, and having heard Mr. Hindman in his own case, as also a member of the Presbytery of New Castle, in explanation of their conduct, they find no cause of complaint against said Presbytery in their treatment of Mr. Hindman.— 1812, p. 504. c. Kev. L. R. Lockwood asks that the Assembly direct the Presbytery of Dubuque to grant him a new trial, on the ground of new testimony. The Committee recommend that this application be referred to the Pres- bytery of Dubuque, to the end that if the new testimony be found of suf- ficient importance to justify, that Presbytery may afford Mr. Lockwood the relief he asks. But if, in their judgment, a new trial ought not to be granted, that then the appeal shall stand for trial on the record as now existing, before the next General Assembly. The report was adopted.— 1866, p. 72, 6. S. d. On Examining the New Testimony, the Decision Affirmed. The consideration of Mr. Gwinn's appeal from the decision of the Synod of Pittsburg was resumed; and after considerable discussion the following decision in the case was adopted. The Assembly, having carefully heard and considered the appeal of Mr. Andrew Gwinn from a decision of the Synod of Pittsburg affirming the judgment of the Presbytery of Ohio, adopted the following resolution, viz.: That whereas, in the judgment of this Assembly, it does not appear that the new testimony offered by Mr. Gwinn has in any important point changed the aspect of his case : therefore resolved, that the decision of the Synod in his case be affirmed. — 1823, p. 90. 3. The Assembly, after Investigation, Refuses to Refer the Case, or to Grant any Further Judicial Trial. The Judicial Committee in the case of the complaint of Rev. James Smylie, from a decision of the Presbytery of Louisiana, in the case of the Rev. Dr. Scott, recommended the following, which was adopted : There are three ways in which this complaint might be disposed of: 1. The Assembly might take it up, wade through the testimony, receive the new testimony, that, it is understood, the complainant wishes to offer, to decide the case. But against this course, besides other difficulties, it may be mentioned as a very serious one, that the bare reading of the rec- ords of the Presbytery would consume four or five days. 2. Another mode might be adopted, by referring the case for reconsid- eration to the Presbytery of Louisiana, who might be directed to take any new testimony that should be properly offered. 3. Or the General Assembly might remand the case to the Synod of Mississippi, to hear the complaint, and dispose of it in a regular and con- stitutional manner. This, it is deemed, would be the wisest course. But, were either of these modes adopted, it would require a great con- sumption of time, and subject the judicature that might adjudicate on the case to great inconvenience, and no inconsiderable expense ; and instead of resulting in practical good, might produce great excitement and conse- quences injurious to the peace and edification of an important section of OF EVIDENCE. 651 our Church. The testimony is so voluminous, that to form a correct judg- ment on it, would require a retentive memory, patient attention, diligent comparison of its several parts, as well as a discriminating mind. It is to be regretted that the Presbytery sanctioned by their authority the publi- cation of the speeches on both sides of the question. The Committee after carefully deliberating on the subject were unani- mously of the opinion, that if the case could be disposed of, consistently with the rights of Mr. Smylie, without remanding it to either of the in- ferior courts, and without the Assembly's adjudicating on it, all the ends of justice would be gained, and the peace of the church would be pro- moted. They therefore invited Mr. Smylie to a friendly interview, in which they expressed their opinion, and he stated his views. He did not concur with the Committee in regard to the probable consequences of the case being remanded to the Synod or the Presbytery ; and stated that in prosecuting his complaint he was influenced by no personal feelings against Dr. Scott, but by a desire that truth might be sustained, justice done to all concerned, and the Constitution of our Church upheld ; but if the Committee would, without his concurrence, assume the responsibility of recommending to the General Assembly to terminate the case without any further trial, and the Assembly should determine to adopt this as the wisest way of terminating it, he would submit,' and feel that he had discharged a duty, which, while it was troublesome and painful, had put him to no inconsiderable expense. It is due to the Rev. Mr. Smylie to say, that the Committee believe, that in prosecuting his complaint, he has been prompted by a sense of duty and a regard to the Constitution of our Church, and governed by what he deemed its purity and best interests required. The Committee recommend to the Assembly the adoption of the follow- ing resolution : Resolved, That in view of the representation of the case given in the above statement by the Judicial Committee, of the voluminous nature of the testimony, and of the difficulties attending the case, and believing that the interests of the Church will be best promoted by adopting the course recommended by the Committee, and being willing to assume the respon- sibility of acting accordingly, this General Assembly do hereby termi- nate this unhappy case without any further judicial trial. — 1847, p. 385, O. S. CHAPTER IX. OF THE WAYS IN WHICH A CAUSE MAY BE CARRIED FROM A LOWER TO A HIGHER JUDICATORY. LXX. All proceedings of the Session, the Presbytery, and the Synod (except as limited by chap, xi., sec. iv., of the Form of Govern- ment), are subject to review by, and may be taken to, a superior judi- catory, bv general review and control, reference, complaint or appeal. [VII. 2.] 652 OF DISCIPLINE. 1. The Assembly may not Reverse the Judicial Acts of a Former Assembly, except in Case of Manifest Injustice. a. This Assembly has no authority to reverse the judicial acts of a former General Assembly, except in cases of such palpable error as would manifestly tend to interfere with the substantial administration of justice. — Case of S. Lowrey, 1824, p. 115. b. This Assembly are of the opinion that the correct mode of proceed- ing for the last Assembly would have been to have suspended the decision on the appeal until the records of the inferior judicatories should have been present, because the rules in our Form of Government prescribe that before a judgment is given all the proceedings of the inferior judica- tories in the case should be read ; and it is a sound maxim, generally admitted in courts of justice, that the best evidence the case admits of should be required, which in all trials is undoubtedly the record of the judicatory. But while they entertain this opinion of the mode of proceeding, they believe that the decision of the last General Assembly was substantially correct, and was not different from what it would have been if they had had all the proceedings of the inferior judicatories before them. — lb. c. A memorial of the pastor and ruling elders of the church of Bloom- ington, Illinois, in respect to the decision of the last Assembly upon the appeal of Dr. T. F. Worrell. The Committee recommend that this memorial be dismissed, on the ground that it is not competent for this Assembly to revise the proceedings of a previous Assembly in a judicial case. The recommendation was adopted. — 1864, p. 313, O. S. 2. But will Correct Error when Shown to Exist. In the case of the memorial of the Synod of Gnondaga (see Minutes, 1864, p. 474, N. S.), it was determined inter alia as follows : 2. In view of the whole case, your Committee further find that the last Assembly seem to have acted without such a knowledge of all the facts of the case, as a regular presentation of the complaint and the records would have given them ; and that, therefore, the case is one which justi- fies the action of this Assembly in relief of the Synod. 3. Your Committee further find that the action of the Synod was scru- pulously conformed to the requirements of our Book. They had the right to send the case back to the Presbytery, or to review the whole of it, according to their discretion. It is not for this court to decide which would have been the wiser course. The Synod judge it best to review the whole case, and their discretion is not a matter of review by this body. Your Committee, therefore, recommend: That the requisition of the last Assembly on the Synod of Onondaga be rescinded, and that the case be dismissed. While the Committee come to this conclusion, they feel constrained also to express decidedly their disapproval of the language of the Synod, pro- nouncing the action of the Assembly " unjust and unconstitutional." The report was adopted. — 1864, p. 475, N. S. 3. The Assembly, on Memorial, Revokes its Action and Remands the Case. Paper No. 3 is a memorial of the Presbytery of Furrukhabad to the General Assembly, dated February 21, 1884, asking that the resolution WAYS IN WHICH A CAUSE MAY BE CARRIED. 653 of the last General Assembly, censuring the said Presbytery, and direct- ing it to reconsider its action in restoring Rev. John S. Woodside to the ministry (see Minutes, p. 628, 4), be revoked, and that the case be referred to the Synod of India for final adjudication. 1. Your Committee find that said action was taken upon a complaint of the Presbytery of Saharanpur against the Board of Foreign Missions, for employing Mr. Woodside while under sentence of deposition by said Presbytery of Saharanpur. 2. That the Presbytery of Furrukhabad was not complained of, nor even named or referred to in said complaint. 3. That the Presbytery of Furrukhabad was not notified of the presen- tation of said complaint, nor was it cited to appear in answer to the same, nor to give reasons for its action ; it had no representative in the Assem- bly, and its records were not before the Assembly or its Committee ; and the Presbytery, therefore, had no opportunity to defend itself nor to jus- tify its action before the General Assembly. All the facts in respect to the deposition and restoration of Mr. Wood- side took place in India, and the Synod of India, being on the ground, has means and facilities for examining the case and reaching a just and fair decision upon all the merits of the question at issue between the Presby- teries which it is difficult, if not impossible, for the General Assembly to avail itself of; and to that Synod the whole matter should, in the opinion of your Committee, be remitted for determination, subject to final review in a regular way by the General Assembly. Your Committee, therefore, recommend the following resolution : Resolved, That the resolution of the last General Assembly {Minutes, p. 628, 4), in respect to the action of the Presbytery of Furrukhabad, in restoring John S. Woodside to the ministry, and the direction there given to the Presbytery, be and they are hereby revoked, and that the whole case be and the same is hereby referred to the Synod of India, for its review, examination and adjudication, according to the Constitution of the Church.— Adopted 1884, pp. 108-109. 4. A Judicial Case can come before the Assembly, only in some one of the above-mentioned "Ways. The Judicial Committee reported that they have had under considera- tion the letter of the Rev. A. G. Fraser to this General Assembly — that Mr. Fraser states that he has been unavoidably prevented from personally prosecuting an appeal from the decision of the Synod of New Jersey, of which due notice was given that Synod, and requesting the General Assembly to appoint a committee of ministers and elders to hear and adjudicate the whole matter ; or, if such a plan is not within the jurisdic- tion of the General Assembly, that then this matter of appeal stand over to their next stated meeting. The Committee recommended that the fol- lowing answer be given, viz. : According to the Book of Discipline of our Church, there are but four ways in which the General Assembly can have cognizance of a judicial case. As neither of these ways is contemplated in the request of Mr. Fraser, the Assembly cannot, without a violation of constitutional rules, take any action in the premises. In regard to a future prosecution of his appeal, the appellant must present his case, with the rersons for previous failure, before the next General Assembly, whose province it will then be to decide upon the whole subject. The recommendation was adopted. — 1850, p. 463, O. S. [See under Form of Government, chap, xii., sec. v.] 654 . OF DISCIPLINE. Section I. — Of General Keview and Control. LXXI. All proceedings of the church shall be reported to, and reviewed by, the Session, and by its order incorporated with its records. Every judicatory above a Session shall review, at least once a year, the records of the proceedings of the judicatory next below ; and, if the lower judicatory shall omit to send up its records for this purpose, the higher may require them to be produced, either immediately, or at a speci- fied time, as circumstances may determine. [1st period new; VII. i. 1.] [The first period makes it obligatory upon the Session to review and record all proceedings of the church in a congregational meeting ; as, e. g., the election of elders and deacons ; the fixing of the term of service under Form of Government, chap, xiii., sec. viii. ; the election of a pastor or the request to Presbytery to dissolve the pastoral relation, and all other matters in which the " Congregational Assembly " (Form of Government, chap, viii., sec. i.) acts. It thus brings all the ecclesiastical proceedings of congregational — i. e., church — meetings under the review and control of the superior judicatories. — Jf.] That it belongs to the Presbyteries to take cognizance of the proceed- ings of Sessions and congregations in the important concern of settling pastors, and to adopt the most effectual measures on the one hand to pre- vent all undue delay by the Session or the people, and on the other to prevent all precipitancy in the settlement of any minister or the adoption of any system of proceedings in the congregation inconsistent with the real and permanent edification of the people. — 1814, p. 560. 1. Annual Review Required. Ordered, That the minutes of the respective Synods be laid yearly before the General Assembly to be by them revised. — 1789, p. 7. a. Whereas, It appeared in the course of the free conversation on the state of religion, that in one of the Presbyteries under the care of the General Assembly, the Sessional records of the several church Sessions were not regularly called up and examined every year by the said Pres- bytery, and there is reason to believe that other Presbyteries had con- ducted in the same manner; therefore, Resolved, That it be and it hereby is required of all the Presbyteries within the bounds of the General Assembly annually to call up and examine the Sessional records of the several churches under their care, as directed in the Book of Discipline. — 1809, p. 429. b. The Assembly, after seriously reviewing the order of the last Assem- bly, and maturely deliberating on the remonstrance of the Presbytery of Philadelphia against it, can by no means rescind the said order, inasmuch as they consider it as founded on the Constitution of our Church, and as properly resulting from the obligation on the highest judicatory of the Church to see that the Constitution be duly regarded ; yet, as it is alleged that insisting on the rigid execution of this order, with respect to some of the church Sessions, would not be for edification, the Assembly are by no means disposed to urge any Presbytery to proceed, under this order, beyond what they may consider prudent and useful. — 1810, p. 453. ■ 2. A Case Judicially Issued may be Reviewed. A protest against the Synod of Cincinnati in reviewing, under the power of review and control, certain actions of the Presbytery in the case WAYS IN WHICH A CAUSE MAY BE CARRIED. 655 of the Eev. Mr. McCune, which case had been judicially issued by the Synod. The Committee recommend that the action be approved, for reasons set forth in the answer to the protest. — Adopted 1878, p. 118. [See sec. lxxiv., last clause. No judicial decision shall be reversed, unless regularly taken up by appeal or complaint.] 3. The Synods Required to send up their Records Annually. a. Whereas, It is an essential feature of the government of the Presby- terian Church that the records of all its Synods should be transmitted annually to its highest court — the General Assembly — for examination ; and Whereas, This Assembly has painful evidence that this important regu- lation is by some of its Synods frequently, and by others entirely, neglected ; therefore, Resolved, That all our Synods be enjoined to take such order on this subject as shall ensure hereafter a faithful observance of the above regu- lation; and in all cases where the stated clerks of any of our Synods have failed this year, or may hereafter fail, to obey their order of the rule of the Assembly respecting this matter, such Synods are hereby required to judge of the reasons which such clerks may offer for their delinquency, and to excuse or censure them according to the circumstances of the case. —1839, p. 165, O. S. b. The Committee on the records of the Synod of Wisconsin reported, That they had been subjected to an increased amount of labor in exam- ining the minutes of this Synod in consequence of the failure of the stated clerk to send up the records annually to the Assembly, as our rules require. The minutes of this body have not been brought under the inspection of the Assembly since May, 1860, leaving an accumulation of four years of unexamined and unapproved records. — 1864, p. 482, N. S., et passim. See above, Form of Government, chap, x., sec. ix., and chap, xi., sec. vi. 4. After Records have been Approved, Corrections can be made only by Recurrence to the Judicatory Approving-. Overture from the Session of the church of Wabash, Indiana, on the following questions : 1. After the records of a church Session have been examined and approved by the Presbytery, and those of the Presbytery, in like manner, approved by the Synod, has either the Session or the Presbytery a right or any authority to change or erase the record ? 2. If not, has the Session any legal right to make a second record declaring the first erroneous and void ? The Committee recommended that the following answer be given : A record, once approved by a 'higher court, cannot be altered or annulled by a lower one. If there be an error in the record, the remedy is to be sought by an application to the highest judicatory which has endorsed such mistake. — Adopted 1862, p. 34, N. S. [See Form of Government, chapter xi., sec. vi. ; Appendix, p. 512 ; 1878, pp. 52, 53, exceptions to records of Synod of Atlantic. — 2bf.] 5. Leave given to Correct the Record on Error Shown. On page 51, vol. ii. (of the records of the Synod of Cincinnati), a min- ute is found stating that in 1878 there is a record that had found its way among the proceedings of the Synod, although the same had not been 656 OF DISCIPLINE. ordered. The records have been approved by the Assembly of 1879, with this error in them. The Synod asks permission of this Assembly to declare this minute " to be no part of their proceedings." We recommend that the Synod have such permission. Adopted 1880, p. 81. 6. A Minute Recording a Fact can be Amended or Stricken Out only by a Unanimous Vote, or by a Reconsideration of the Original Action. It was moved to strike out the exceptions taken to the records of the Synod of New Jersey. The moderator suggested that the motion was out of order, but he would put it to the house ; which having been done, the motion was sustained with the exception of one no. The moderator then declared the motion lost, as a minute recording a fact could not be amended but by a unanimous vote of the house, and he suggested that the case could be reached only by a motion to reconsider the vote of yester- day by which the house refused to reconsider the vote adopting the report of the Committee on the records of the Synod of New Jersey. On appeal the moderator's decision was sustained. The vote was reconsidered. The report of the Committee was reconsidered and the records approved. — 1841, p. 424, O. S. 7. Records of Recent Meetings may be Demanded for Review. The records of the Synod of Cincinnati approved, except " that on pp. 114-116, it appears that on a motion to require the Presbytery of Chilli- cothe to produce the records of their session in Sept., 1837 (the month be- fore), which records were reported to contain decisions demanding the im- mediate review of the Synod, it was decided that, as there was no com- plaint, nor appeal requiring the records in question, and as the Presbytery have regularly presented their book for review by the Synod, and the Committee of Review have made no charge of delinquency in the Presby- tery in not transcribing the minutes of their late meeting, the Synod have no right to demand said minutes." — 1839, p. 161, O. S. 8. Copies of the Originals Accepted only in Extraordinary Cases. a. It is recommended to the Synods of Virginia and the Carolinas, to send attested copies of their minutes by their delegates to the Assembly yearly, whenever they find it inconvenient to send their books. — 1790, p. 23. b. Resolved, That the dispensation allowed to the Synods of Virginia and the Carolinas by the Assembly of 1790, to send up attested copies of their records instead of the records, be and it is hereby rescinded. — 1841, p. 423, O. S. c. The Committee on the Records of the Synod of West Tennessee re- ported, and their report was adopte.d, and is as follows, viz. : " That the document presented to your Committee is not the original book of rec- ords, but purports to be a true copy from the original record under the hand of the stated clerk. Accompanying this report is a letter from the clerk, urging the acceptance of the transcript, on the ground of a standing rule of the Assembly, authorizing the reception of a transcript when the original cannot be transmitted. Your Committee are not aware of such a standing rule, and are of opinion that the document produced does not come up to the requirement of the Constitution. Your Committee therefore cannot report as to the manner in which the records are kept. Your Committee recommend that the Synod of West Tennessee be required to WAYS IN WHICH A CAUSE MAY BE CARRIED. 657 produce their original book of records for examination at the next Gen- eral Assembly."— 1847, p. 381, O. S. [The records of the Synod of China, kept in Chinese, were accepted in a translated copy by the Assembly of 1871.] d. The Committee on the records of the Synod of India reported, that a certified printed English translation of the minutes of the Synod had been placed in their hands. They recommend the approval of the records extending from Dec. 27, 1877, to Jan. 3, 1878. — Adopted 1878, p. 43. 9. Minutes of Synods may be Kept in Printed Form under Certain Conditions. [See Form of Government, Appendix, chap, xi., sec. vi. 18. — 1884, p. 75.] LXXII. In such review, the judicatory shall examine, first, whether the proceedings have been correctly recorded ; second, whether they have been constitutional and regular; and third, whether they have been wise, equitable aud for the edification of the Church. [VII. i. 2.] FIEST: WHETHEE THE PROCEEDINGS ARE CORRECTLY RE- CORDED. [Exceptions have been taken to records as incorrect or deficient :] 1. In Omitting to Record the Opening or Closing "with Prayer. a. The records of the Synod of Pennsylvania approved, except that " there is no evidence from the records that the last meeting of the Synod was opened with prayer."— 1850, p. 314, K S. ; 1859, p. 531, O. S. b. The records of the Synod of Tennessee were approved, with the fol- lowing exceptions : 1. On p. 34 it appears from the record that the Synod adjourned at the close of the day without prayer. 2. On p. 36 it is recorded that the Synod was constituted with prayer, it being the second day of the sessions of the Synod. — 1854, p. 500, N. S. c. The records of the Synod of Kentucky approved, except that "there is no record of prayer in p. 176."— 1854, p. 501, K S. d. Records of Synod of Minnesota approved, except " that on p. 54, in the record of the session of Friday, Sept. 30, 1859, no mention is made of the opening services."— 1860, p. 239, K S. e. The opening minute of each session of the Synod of Cincinnati is defective, in not recording the meeting of the Synod before its being- opened with prayer. — 1849, p. 177, N. S. /. Eecords of Synod of Cincinnati approved, except " that on p. 5 the Synod adjourned without prayer." — 1865, .p. 553, O. S. g. Synod of Geneva, except " that it does not appear from the record that they finally closed their sessions with prayer." — 1830, p. 288. h. It does not appear from the records that the Synod of North Caro- lina closed its final session with the usual exercises singing, prayer and the apostolical benediction. — 1852, p. 216, O. S. i. The Synod of Columbus, " except that on several occasions, if the sessions of this Synod were opened with prayer, there is no record of the fact."— 1872, p. 68>. [See Digest, ante, p. 194.] 2. In Failing to Record Absentees. a. The records of the Synod of Peoria were approved, except " that in the roll of the Synod record is made that no members of the Presbytery 83 658 OF DISCIPLINE. of Belvidere were present, but no record of the names of absentees." — 1850, p. 314, N. S. b. The records of the Synod of Mississippi approved, except " that the absentees are not recorded in their meetings of 1854 and 1855." — 1856, p. 538,0. S. c. The records of the Synod of Philadelphia approved, except "that there is no record of absentees from the meeting." — 1852, p. 216, O. S. d. " The records of the Synod of Philadelphia were approved, with the exception that no record is made of the names of absentees, and no excuse for absence required." — 1868, p. 640, O. S. e. The Committee on the Records of the Synod of Missouri reported, recommending their approval as far as written, with the following excep- tion, viz., that there is no record of the absentees from the last meeting of the Synod. (See Moore's Digest, p. 199.) The report was adopted. — 1882, p. 94. 3. In Failing to Record the Narrative of the State of Religion. a. The records of the Synod of Illinois were, on the recommendation of the committee, approved, with the following exception, viz. : At the sessions of Synod in October, 1846, it does not appear from the records that a narrative of the state of religion was prepared. Such an omission is considered contrary to the general usage of Synods, and not for the edification of the Church.— 1849, p. 176, N. S. b. The records of the Synod of Illinois were approved, except " that they do not contain the narrative on the state of religion which was pre- sented by the committee on that subject at the sessions of the Synod in 1854, p. 434."— 1857, p. 387, K S. ; 1861, p. 462, N. S. ; 1862, p. 28, N. S. e. Resolved, That the Assembly earnestly recommend to the Presbyteries and Synods to record in their minutes the narrative of religion, and all other important papers. — 1870, p. 91. d. Synod of Illinois, in "the omission of the narrative' from the record."— 1881, p. 593. 4. In Failing to Describe the Case Acted upon, and the Disposal made of It. a. The Committee on the Records of the Synod of Pittsburg presented the following report, which was adopted : The Committee on the Records of the Synod of Pittsburg report, recom- mending their approval, with exception of a minute, page 152 of the records, where an overture from the United Presbyterian Synod of Pitts- burg appears to have been answered without any description being given of it.— 1865, p. 541, O. S. b. Synod of Cincinnati. On pp. 6 and 13 a complaint was received, referred and decided, without any statement in regard to the character of said complaint. — 1865, p. 553, O. S. c. Synod of Philadelphia, except that it appears from p. 282 that an appeal and complaint was issued in the usual form without any intimation oi what the sentence or proceeding was against which the complaint was made ; and that it appears, from p. 273, that another complaint was issued without any record of the proceeding complained of, or of the body whose proceeding was the subject of complaint. — 1852, p. 216, O. S. d. 1. Synod of Illinois Central, except that notice of a complaint appears on p. 241, made by Rev. Arthur Rose against the Presbytery of Peoria, which was taken up by the Synod, considered and voted upon, and reasons for the vote are given, while the subject-matter of the said com- WAYS IN WHICH A CAUSE MAY BE CARRIED. 659 plaint is not recorded. This defect disables the Assembly from deciding as to the validity of the reasons given for the vote of the Synod in the case. 2. It does not appear from the records whether the Synod took further action upon said complaint than to vote upon it, and give reasons for that vote ; thereby leaving this Assembly in doubt whether the Presbytery complained of was censured, or whether the matter of the complaint was referred back to them for readjudication. or whether the Synod dropped it entirely.— 1878, p. 60. [See also Digest, ante, pp. 195, 196,^'.] e. Synod of the Columbia, except : *2. That a complaint was received and issued against the Presbytery of Oregon in the usual form, without state- ment in regard to the character of said complaint. 3. That the records do not show whether notice of said complaint was given to the Presbytery of Oregon, either before its rising or within ten days thereafter. 4. That a report was recommitted to the Committee on Bills and Over- tures, and no record is made of its further disposition (p. 261). 5. That the report of the Committee on Home Missions, Indian Affairs, and Church Erection, with recommendations, was adopted, and no record is made of the recommendations, or even upon which, if any, of the three different parts the report was made. — 1883, p. 6S8. /. Synod of Missouri, except that the report of the Standing Committee on Schools and Colleges is entered in full upon the records (pp. 333-335), but no action of the Svnod with respect to this report is recorded. — 1883, p. 688. g. The Synod of Baltimore, except that on pp. 327 and 348 the Synod records the issuing of judicial cases "Ko. 1 " and "No. 2," but in neither case is the subject-matter of the complaint recorded. — 1885, p. 661. [See Form of Government (Appendix), chap, xi., sec. vi.] SECOND: WHETHEE THEY HAVE BEEN CONSTITUTIONAL AND KEGULAE. 1. Unconstitutional and Irregular Proceedings. a. The Synod of Philadelphia, resolution 3d, annuls a sentence of sus- pension ; and in resolution 4th, substantially acknowledges the justice of the sentence thus annulled. The Synod interposes to restore a man to the exercise of the ministry of the gospel, who they acknowledge has frequently made representations without due regard to truth and candor ; therefore, Resolved, That the Assembly direct the Synod to review and amend their record on p. 18, in the case of the appeal of the Presbytery of Don- egal. Discipline (Old), chap, vii., sec. i., sub-sees, ii., iii. [MSS. indorsement on records of Synod of Philadelphia.] — 1858, p. 298. b. The committee appointed to examine the records of the Synod of Geneva, reported, and the book was approved to page 257, with the fol- lowing exception, viz. : That the Synod decided improperly in saying that the complaint of D. C. Hopkins was not strictly sustained, while they at the same time say that each and every act of the Presbytery of Onon- daga complained of, was irregular and improper. — 1822, p. 40. 2. A Synod may not Institute and Prosecute Judicial Proceedings. That the proceedings of the Synod of Cincinnati, in the institution ami prosecution of judicial process against William Graham, subjecting him 660 OF DISCIPLINE. first to censure, and afterward to suspension, under which he now labors, are unconstitutional and irregular, therefore null and void ; and that the Synod be, and is hereby enjoined to take constitutional action in the case, and to revise and correct its proceedings accordingly. While the Assem- bly thus speak on the constitutionality of the matter, they do it without reference to the error or truth of the sentiments he advanced. — 1846, p. 31, N. S. [See chap, iv., sec. xviii.] 3. A Synod may not Refuse to Receive the Members of its Pres- byteries. a. The records of the Synod of Michigan were, on the recommendation of the committee, approved, with the following exception : That on pp. 137, 138, 139, 140, the Synod declined to receive two members whose names appear on the minutes of two of the Presbyteries, and that the Synod also directed said Presbyteries to strike the names of said members of Presbytery from their roll, one of the members belonging to the Pres- bytery of Monroe, the other to the Presbytery of St. Joseph. — 1849, p. 176, N. S. [See c below.] b. On the records of the Synod of Indiana the following report was adopted : The committee to which were referred the records of the Synod of Indiana reports that it has examined said records, and recommends their approval, with the following exception : On pp. 157 and 158 the record declares that Synod refused to enroll the Rev. E. B. Smith, because he had made no public contradiction of the fact that his name appears in the public prints as a signer of the Decla- ration and Testimony, although he privately informed the stated clerk of Synod that he had neither himself signed the " Declaration and Testi- mony," nor authorized any one to sign it for him, as appears from p. 153 of the records. It seems to the committee that the Synod should have directed the Rev. Mr. Smith to make a public contradiction before taking further action, because, as the record now stands, it implies that the Synod has no confidence in his statements. If his statements are unworthy of belief he should be disciplined. The committee recommend that the Synod be directed to review its action. — 1867, p. 357, O. S. c. Overture on the doings of the Synod of Michigan, the matter of enjoining the Presbyteries of St. Joseph and Monroe to erase the names of Rev. Marcus Harrison and Rev. A. L. Pay son from their rolls, was taken up. It was Resolved, That the action of the Synod in the premises is unconstitutional. — 1849, p. 177, N. S. [See in full Digest, ante, pp. 194-199. Synods are censured for not assigning reasons for their decisions ; for failing to present their records annually ; for failing to have their minutes read and approved ; for failing to call on absentees for reasons for absence, etc. See also p. 189. — M^\ 4. Reasons for Decisions reached must be Given. Synod of Harrisburg, with the exception of the judicial case, pp. 179, 180, in which the Synod found the papers of a complaint in order, and dismissed the case without assigning a reason. — 1874, p. 85. 5. A Superior Judicatory may not Compel an Inferior to Reverse its Decision, without Assigning- Specific Reasons. Synod of Pittsburg. Inasmuch as it is contrary to the spirit and principles of the Presbyterian Church, and subversive of the true design WAYS IN WHICH A CAUSE MAY BE CARRIED. 661 of ecclesiastical discipline, for a superior judicatory to compel an inferior court to reverse its decision, rendered after a full, fair and impartial trial, without assigning and placing on record some specific reason for such reversal, that the records, so far as they relate to this point in the case, be disapproved. — 1874, p. 86. 6. The Reasons assigned are Subject to Review. The consideration of the report of the Committee on the Records of the Synod of Kentucky was resumed, and the records were approved as far as written, with the following exception : On pp. 128 and 129, the Synod except to the action of a Presbytery in approving the Sessional records of a certain church, because of the alleged irregularity of said Session in receiving members into the Church on return of certificates alone, after undue length of time, knowledge of such irregularity being brought to the Synod's notice by a protest. (Book of Discipline (Old), chap, ii., sec. ii.) Your committee recommend that exception be taken to this action of the Synod, because in their judgment the Synod's exception to the Presbytery's action is not well taken ; for the reason that it appears to your committee, from papers placed in their hands, and which ought to have been in the Synod's possession before taking action in the case, that the parties in question had good and suffi- cient reasons for such delay : being unsettled as to a permanent home, their moral and religious life meantime being well known to all the Session as fullv comporting with the requirements of the gospel of Christ. — 1880, p. 79. * 7. Censure without due Examination Condemned. The Committee on the Records of the Synod of the Pacific reported, recommending their approval as far as written, with the following excep- tion — viz., that on p. 632 a committee, appointed to answer a protest, report that they have not had time to examine the authorities referred to, yet proceed to pass severe judgment in the case. The report was adopted. — 1882, p. 94. THIKD: WHETHER THEY HAVE BEEN WISE, EQUITABLE, AND FOR THE EDIFICATION OF THE CHURCH. 1. The Lower Judicatories must Respect the Decisions of the Superior. a. The records of the Synod of Missouri were approved, except a resolu- tion on page 324, viz., " That the action of the General Assembly in May last, in relation to the political condition of the country, was unscriptural, unconstitutional, unwise, and unjust; and we therefore solemnly protest against it, and declare it of no binding force whatever upon this Syuod, or upon the members of the Presbyterian Church within our bounds." — 1862, p. 631, O. S. b. The records of the Synod of Kentucky were approved with the fol- lowing exception : That this General Assembly cannot approve the Synod's disapproval of the action of the Assembly of 1861, as recorded in the Synod's minutes on pp. 49 and 50.— 1862, p. 631, 0. S. 2. Synods Censured for Insubordination and Disrespect. a. Resolved, That this Assembly does not approve the records of the Synod of Missouri ; that so much of said records as attempt to declare 662 OF DISCIPLINE. null and void the previous action of the Synod, which had been formally approved by the Assembly, is an act of insubordination, which said Synod is hereby required to reconsider and reverse ; that they report to the next Assembly what they have done or failed to do in the premises, and until that time the usual certificate of the moderator be withheld.* The remaining portion of the report was then adopted as follows : On page 365, where the Synod reaffirm their testimony of November, 1861, with regard to the action of the Assembly of the same year, known as the Spring Resolutions — which testimony declares the action of that Assembly on the state of the country to be " unscriptural, unconstitutional, unwise, and unjust ; of no binding force whatever on this Synod, or upon the members of the Presbyterian Church within our bounds." The Committee also recommend that, besides excepting to the record as above stated, the repeated exhibition of such a rebellious spirit, on the part of any inferior court toward the supreme judicatory of the Church, should not pass without censure. — 1866, p. 97, O. S. b. The Synod of Albany claim and exercise the right of disregarding the exceptions to their records by the General Assembly of 1847, which they consider disrespectful and disorderly. — 1848, p. 48, O. S. Also 1824, p. 116. c. Finally, the Assembly cannot but express their disapprobation of the concluding paragraph of the memorial of the Synod of Ohio, in which they say, "the Synod consider the judgments entered upon their records against Samuel Lowrey in October, 1822, as remaining in full force," etc. This declaration, notwithstanding the respectful expressions of the Synod, is apparently wanting in the respect due from an inferior to a superior ju- dicatory ; and is repugnant to the radical principles of the government of the Presbyterian Church. If an inferior court has authority to declare that its own decisions are in force, after they have been reversed by a su- perior court, then all appeals are nugatory, and our system, as it relates to judicial proceedings, is utterly subverted. The Assembly are willing to believe, however, that the Synod of Ohio did not mean to set themselves in opposition to the highest judicatory of the Church, and that when they have reconsidered the matter, they will rescind what is so manifestly in- Consistent with the principles of the Constitution, which they have bound themselves to support. — 1824, p. 116. See Digest, ante, p. 539.] 3. Irregularities Recited and Animadverted on; Complaint will lie against Decisions not Judicial ; Action Insufficient and Unjust ; a Member of the Court may be called as a "Witness ; Minutes should be Approved before Adjournment. The Committee on the Minutes of the Synod of Cincinnati respectfully report, recommending their approval as far as written, with the following exceptions : a. Exception 1. The dismissal of Complaints Nos. 2, 3, 4, 5, the paper entitled Appeal No. 6 (pp. 345-347) and the complaint of the Kev. Thomas H. Skinner (pp. 441, 442), on the ground that they were not from judicial decisions. b. Exception 2. That the action of Synod in reference to the case of the Rev. N. West, D. D., against the Rev. B. P. Aydelotte, D. D., was both insufficient and unjust. The action referred to is the first exception * The next year, the Synod having complied with the requirements of the Assem- bly, as appeared from an official transcript of its records on the subject read to the Assembly, the moderator was directed to approve the records of the Synod of Mis- souri of last year. — 18G7, p. 316, O. S. WAYS IN WHICH A CAUSE MAY BE CARRIED. 663 to the minutes of the Presbytery of Cincinnati, adopted November 20, 1877, and is as follows: "The Presbytery seems to have gone to the extreme of leniency in being satisfied with Dr. B. P. Aydelotte's explana- tion of an article published in the Christian Press of May, 1876, which Dr. N. West deemed slanderous, and for which he tabled charges against the author. We do not mean to say that judicial process should have been instituted, but we think Dr. Aydelotte should have been exhorted to be more careful in publishing articles capable of so offensive a personal interpretation." The Synod, in view of their own declarations, should either have directed the Presbytery to entertain the charge of Dr. West, or to have adopted a minute declaring him free from the imputations of published articles which they declared capable of an " offensive personal interpretation," especially in view of the complete vindication of Dr. West by the Presbytery a few weeks before (see minutes of the Presbytery of Cincinnati, at Glendale, April 13, 1876). c. Exception 3. That the action of Synod in reference to the second exception (printed p. 27) is manifestly insufficient and unjust ; each action of the Presbytery, if it was as Synod declares it to be, should have called down upon the Presbytery the severest rebuke for malfeasance. And further, there seems to be no evidence of any kind, on the records of the Presbytery, of any such statements made by Dr. West as are alleged to have been made in resolution 2 of the Judicial Committee of the Presbytery ; and the fact that said resolution was adopted a year sub- sequent to the time alluded to, and in the absence of Dr. West, and the Synod's own statement that it seems to have been prepared for a purpose, demand that the said resolution be expunged from the records of the Presbytery of Cincinnati. d. Exception 4. That the action of Synod in reference to the third exception (printed p. 27), is insufficient and unjust, because the act barely disapproved involved the subjection of Dr. West, without cause, in a mat- ter of private affliction, to the suspicion of improper conduct, when a committee of the Presbyter}^, in a report approved by the Presbytery, had declared themselves satisfied as to the propriety of his conduct. The action of the Presbytery should have been rebuked. Exception 5. In not sustaining exception 2d to the minutes (p. 409), in the following words, " Denying to the prosecution the right to introduce members of the court on the spot, without a citation, to disprove and rebut certain testimony of the defence." Exception 6. In not approving the minutes of the last day of the meet- ing of the Synod at Cincinnati, February 14, 1878, before their adjourn- ment.— Adopted 1878, pp. 117, 118. 4. The Approval of the Minutes does not Affect the Right of Appeal or Complaint against any Action taken. Overture from Rev. Luther Dodd, a member of the Presbytery of Fort Dodge, asking the General Assembly to reply to the following questions : 1. Does the approval of the minutes of a lower court, as those of a Presbytery by a Synod, not necessarily carry with it an approval of any and every judicial decision recorded in those minutes ? 2. Is it competent for a Synod, having approved the records of a Pres- bytery, to remand a case recorded in those records for new trial, on grounds reflecting censure on the Presbytery ? 3. Or would it be proper for a Synod, in a case where they approve the minutes of Presbytery, to require a new trial on any other grounds than alleged new testimony ? 664 OF DISCIPLINE. The committee recommended the following reply: The constituted right of appeal, " either from a part of the proceedings of a judicatory or from a definitive sentence," and the right of complaint " respecting a decision by an inferior judicatory," "either before its rising, or within ten days thereafter," cannot be in any way affected by the approval of the minutes of the judicatory, against the action of which the appeal or complaint may be taken. — Adopted 1879, p. 613. 5. Review and Control does not Extend to Statistical Items in Session Records. Overture from the Presbytery of Chicago on the following points : 1. Does the right of "general review and control" extend to the sta- tistical items of baptisms and administration of the Lord's Supper, inserted for record and convenient reference, in chronological order, between the minutes of actual proceedings ? 6. Nor to the Agreement of the Action of Sessions "with Presby- terial Rules for Sessions. Not "Warranted by the Constitution. 2. Can the Presbytery pass rules for the conduct of church Sessions, and then take exception to the proceedings of church Sessions that are not according to said rules, when the rules are not prescribed by our Form of Government or Book of Discipline ? Your committee recommend that both these questions be answered in the negative. — Adopted 1883, p. 631. LXXIII. Members of a judicatory, the records of which are under review, shall not be allowed to vote thereon. [New.] Cases Cited. a. A protest signed by a number of members of the Synod of Geneva, against a decision of that Synod, excluding the Presbytery of Geneva from voting on the question, Whether their own records should be attested by the moderator of the Synod, as approved. Your committee were, however, of opinion that the decision of the Synod was consonant to the prevalent usage of the judicatories of the Presbyterian Church, as well as to the usage of other analogous bodies in similar cases, and that it ought therefore to be approved. — Adopted 1816, p. 611. b. The records of the Synod of Kentucky approved, except " that the members of the West Lexington Presbytery voted in approbation of their own proceedings, which is deemed to be irregular." — 1821, p. 23. c. The moderator and elder from the Session of Irish Grove claimed the right to vote on the disapproval of their records ; which was refused by Presbytery. The Session complained. The Assembly inter alia decide — That the Presbytery of Sangamon acted correctly in not permitting the members of Irish Grove Session to vote for approving or disapproving their own records. — 1851, p. 33, O. S. [See in full, under chap, ix., sec. iii., sub-sec. xcix., Book of Discipline, —if.] LXXIV. In most cases the superior judicatory may discharge its duty by simply placing on its OAvn records, and on those under review, the censure which it may pass. But irregular proceedings may be found so disreputable and injurious, that the inferior judicatory must WAYS IN WHICH A CAUSE MAY BE CARRIED. 665 be required to review and correct, or reverse them, and report, within a specified time, its obedience to the order ; provided, however, that no judicial decision shall be reversed, unless regularly taken up by appeal or complaint. [VII. i. 3, 4.] 1. Exceptions must be Recorded by the Judicatory excepting. a. Overture from the Presbytery of Columbus, requesting the Assembly to direct the insertion, in the minutes of this Assembly, of the exceptions taken by the last Assembly to the records of the Synods of Cincinnati, Illinois Central, Indiana North, New Jersey, and Tennessee, as noted on p. 580, Minutes of 1877 ; and further, to direct the clerks hereafter care- fully to observe the constitutional rules in this respect. The committee recommend the following answer : That while the Assembly does not deem it expedient to order the insertion of the exceptions taken to the records of the Synods in question the last year, it calls the particular attention of the recording clerks of the General Assembly to the duty of complying with the requirements of the Book of Discipline (Old), chap, vii., sec. i., sub-sec. 3. — Adopted 1878, p. 27. b. The records of the Synod of Indiana approved, " except that on p. 342 the records of Greencastle Presbytery are reported as approved, with exceptions, while these exceptions are not spread on the minutes of the Svnod, as required by the Book of Discipline (Old), chap, vii., sec. i., sub-sec. iii."— 1857, p. 387, N. S. c. Synod of Wheeling, p. 409. The exceptions to the records of New Lisbon Presbytery are not recorded, in violation of the Book of Disci- pline (Old), chap, vii., sec. 1, sub-sec. 3. — 1859, p. 550, O. S. d. The Synod of Illinois North, except the omission from record of the exceptions to the minutes of the Presbytery of Chicago, which, it is stated on p. 285, were adopted by the Synod. (See Moore's Digest, p. 538.) — Adopted 1881, p. 593. 2. Irregular and Injurious Proceedings Censured. Exception to the records of the Synod of Onondaga. " On p. 186 we find the Synod administering censure to the Presbytery of Cayuga for an act of discipline toward one of its churches, on the ground that the reasons for such discipline were not given according to the requirements of our Book of Discipline, yet on the next page we find the said Synod reaffirming the acts of a church censured by its Presbytery, and reversing the decision of the Presbytery, without' giving the required reasons for such a singular proceeding." — 1863, p. 277, N. S. [See also ante, p. 181, 1, b; p. 189, 1, a, b; p. 192, 2, 3.] 3. Judicial Decisions may not be Reversed on Review. a. [In a case where the organization of a Presbytery was irregular, see above, Form of Government, chap, x., sec. ii. The Assembly inter alia declare — ] The Book of Discipline (Old), hoAvever, prescribes, chap, vii., sec. 1, sub-sec. I, that " no judicial decision of a judicatory shall be reversed unless it be regularly brought up by appeal or complaint." The trial of a minister under the circumstances proposed in the over- ture must be regarded as any other trial where there has been informality or irregularity in the citation or other preliminary stages of the pn 84 666 OF DISCIPLINE. The trial, with the judgment based upon it, must be respected until the Synod, as the superior judicatory, shall judge how far the irregularity vitiates the proceedings and defeats the ends of justice, and shall annul or confirm the same. — 1861, p. 457, N. S. b. The Synod likewise seems to have erred in censuring as they did the committee of the Miami Presbytery, and in acting inconsistent with Con- stitutional Kules (Discipline, Old), chap, vii., sec. 1, sub-sees. 2 and 4, by virtually reversing a judicial decision, and this without citing the Presby- tery to appear and answer, on the mere review of their records.— 1857, p. 45, O. S. [See also under sec. LXXIL, above, 1874, p. 86, and 1879, p. 613.] LXXY. If a judicatory is, at any time, well advised of any unconstitutional proceedings of a lower judicatory, the latter shall be cited to appear, at a specified time and place, to produce the records, and to show what it has done in the matter in question ; after which, if the charge is sustained, the whole matter shall be concluded by the judicatory itself, or be remitted to the lower judicatory, with directions as to its disposition. [VII. i. 5, largely amended.] [See Form of Government, chap, xii., sec. v., and below, sec. LXXVL] LXXVI. Judicatories may sometimes neglect to perform their duty, by which neglect heretical opinions or corrupt practices may be allowed to gain ground, or offenders of a gross character may be suffered to escape ; or some part of their proceedings may have been omitted from the record, or not properly recorded. If, therefore, at any time, the superior judicatory is well advised of such neglects, omissions, or irregularities on the part of the inferior judicatory, it may require its records to be produced, and shall either proceed to examine and decide the whole matter, as completely as if proper record had been made ; or it shall cite the lower judicatory, and proceed as in the next preceding section. [VII. i. 5, 6, largely amended.] 1. Citation of Judicatories on Review, or on Advice. a. 1. Resolved, That the proper steps be now taken to cite to the bar of the next Assembly, such inferior judicatories as are charged by common fame with irregularities. 2. That a Special Committee be now appointed to ascertain what judi- catories are thus charged by common fame ; prepare charges and specifi- cations against them ; and to digest a suitable plan of procedure in the matter; and that said Committee be requested to report as soon as practi- cable. 3. That, as citation on the foregoing plan is the commencement of a process involving the right of membership in the Assembly; therefore, Resolved, That agreeably to a principle laid down chap, v., sec. ix., of the Book of Discipline (Old), the members of said judicatories be excluded from a seat in the next Assembly, until their case shall be decided.— 1837, p. 425. [After the passage of the acts declaring the Synods of Western Reserve, WAYS IN WHICH A CAUSE MAY BE CARRIED. 667 [Jtica, Geneva and Genesee to be no longer integral parts of the Presby- terian Church in the United States, the following was adopted, viz.:] b. Dr. Cuyler, from the Committee appointed to consider and report to the Assembly on the subject of citing inferior judicatories, presented a report, which was amended and adopted, and is as follows, viz.: The Committee believe, that, for the present, there is no urgent necessi- ty to cite any inferior judicatories; and after what has been done toward the reform of the Church during the present sessions of the General As- sembly, they believe it will be best to wait for a time, without further de- cisive action, in the hope that those portions of the Church against which serious charges are still made by common fame, will see the necessity of taking order on the subject, and doing, without delay, what truth and righteousness may require of them. We deem it proper, however, to say, that several of the Synods are so seriously charged, in several respects, that this Assembly would be want- ing in faithfulness to itself, to them, and to the cause of Christ, as well as to the principles of justice and fair dealing, in carrying out its own prin- ciples, if it did not specially urge several of them to give prompt and par- ticular attention to certain matters, in which they, or some of their Pres- byteries or churches, are specially charged. We, therefore, recommend the adoption of the following resolutions, viz. : 1. Resolved, That the Synods of Albany and New Jersey be enjoined to take special order in regard to the subject of irregularities in church order, charged ' by common fame upon some of their Presbyteries and churches. 2. That the Synod of Michigan be enjoined to take special order in regard to the subject of errors in doctrine, so charged upon all its Presby- teries. 3. That the Synod of Cincinnati be enjoined to take special order in regard to error in doctrine, so charged as being connived at by several of its Presbyteries, and held by some of its members. 4. That the Synod of Illinois be enjoined to take special order in regard to errors in church order and errors in doctrine, so charged upon several of its Presbyteries. 5. That besides the general reference to the word of God and our stand- ards, we refer the Synods above named to the testimony of this General Assembly, as to the nature of the errors and irregularities intended by it, in these resolutions. And said Synods are enjoined to take order on the subjects now referred to them for consideration and action, at their first stated meeting after this Assembly adjourns ; and to report their doings herein, with whatever else seems to them necessary to elucidate the whole subject, in writing, to the next General Assembly. 6. And the said five Synods are* especially enjoined, and all other Synods in our bounds are required, to cause to be laid before the next General Assembly, as far as possible, copies of all the abbreviated creeds and church covenants in use among their churches; which subject is also particularly commended to all our Presbyteries, both in relation to the present demand, and with reference to the testimony of this Assembly on that subject.— 1837, p. 496. Section II. — Of References. LXXVII. A reference is a representation in writing, made by an inferior to a superior judicatory, of a judicial ease not yet decided. Generally, however, it is more conducive to the public good that each 668 OF DISCIPLINE. judicatory should fulfill its duty by exercising its own judgment. [VII. ii. 1, 5.] Reference is Voluntary. Appeal of Mr. M. J. Browning from a decision of the Synod of Geneva, sustained, inter alia, Because reference is by a lower to a superior court, and is voluntary, and not subject to the order of a higher court. — Adopted 1878, p. 34. [See Form of Government (Appendix), chap, x., sec. viii., complaint of Sewickly church, treated as a reference. — if.] LXXVIII. Cases which are new, important, difficult, or of peculiar delicacy, the decision of which may establish principles or precedents of extensive influence, on which the inferior judicatory is greatly divided, or on which for any reason it is desirable that a superior judi- catory should first decide, are proper subjects of reference. [VII. ii. 2.] 1. References have been Entertained, e. g. a. The Synod of the Carolinas referred to the Assembly the case of Rev. Hezekiah Balch, charged with error in doctrine. — 1798, p. 151. b. The Presbytery of Philadelphia on the propriety of their ordain- ing to the work of the gospel ministry a licentiate under their care who now holds the office of a chaplain in the navy of the United States. See Form of Government, chap, xv., sec. xv. — 1826, p. 171. c. The Presbytery of Cayuga relative to the constitutionality of a rule of that body. See Form of Government, chap, x., sec. viii. — 1830, p. 284. d. The Synod of Philadelphia in relation to the right of Presbyteries to require every minister or licentiate, coming to them by certificate from another Presbytery or other ecclesiastical body, to submit to an examina- tion before he be received. — 1832, p. 355. e. A reference from the Presbytery of West Tennessee, requesting an answer to the two following questions — viz. : " 1. What are the nature and duties of the office of deacons f 2. What is the scriptural and appro- priate mode of ordination ?" — was taken up, and after some discussion com- mitted to Mr. Beach, Mr. Vail, and Mr. Hoyt.— 1833, p. 393. 2. When the Review of a Decision, without New Testimony, is Desirable, the Case should be Referred to the next Higher Judicatory. /. The Committee to whom was referred Overture No. 2 made a report, which was read and adopted, and is as follows, viz. : The Committee appointed to consider and report on Overture No. 2, which is in the following words : " Is it lawful and consistent with the order of our Church for a church court to reconsider and set aside its own decision in a case of discipline, after a lapse of five or six years from the time the decision was made, after the court has so changed, that many of its members were not members at the time of the decision, and when no new testimony is proposed ?" beg leave to report that, in their opinion, the proper answer to this overture will be found included in the following principles, viz. : 1. Our Book of Discipline (Old), chap, ix., sec. 1, provides that if, after a trial before any judicatory, new testimony be discovered, which is supposed to be highly important to the exculpation of the ac- WAYS IN WHICH A CAUSE MAY BE CARRIED. cused, it is proper for him to ask, and for the judicatory to grant, a new trial. 2. It is very conceivable that after the lapse of five or six years the sentence of an ecclesiastical court, which was originally considered as just and wise, although no new testimony, strictly speaking, has appeared, may in the view of the church appear under an aspect equivalent to new testi- mony, and calling for reconsideration ; yet, 3. Inasmuch as the frequent reconsideration of cases adjudged by the inferior judicatories, without the appearance of new testimony, admits of great and mischievous abuse, and might lead to an endless recurrence of reviews and reversals of former decisions, in the absence of a majority of the court pronouncing the same ; it is evidently more regular, safe and for edification, when a review of a decision, without the disclosure of new testimony, is thought desirable, to refer the case to the next higher judica- tory.— 1833, p. 405. LXXIX. References are, either for mere advice, preparatory to a decision by the inferior judicatory, or for ultimate trial and decision by the superior ; and are to be carried to the next higher judicatory. If for advice, the reference only suspends the decision of the inferior judicatory ; if for trial, it submits the whole case to the final judgment of the superior. [VII. ii. 3, 8, 4.] 1. References : Disposal of Them a. A reference from the Presbytery of Chenango asking advice in the case of Rev. Edward Andrews, a member of that body, who has recentlv withdrawn and received episcopal ordination, was taken up. See Form of Government, chap, x., sec. viii. — 1828, p. 239. See also 1832, p. 363. b. The permanent clerk announced to the Assembly that there had been put into his hands a reference from the Presbytery of Philadelphia of the whole case of the Rev. Albert Barnes before that body. This case was referred to the Judicial Committee. — 1831, p. 321. [Against the reference above a complaint was entered, as also a com- plaint against the action of the Presbytery in the case. After the whole proceedings of the Presbytery had been read, and the sermon entitled The Way of Salvation~\ the parties then agreed to submit the case to the Assembly without argument, when it was resolved to refer the whole case to a select Committee. Dr. Miller, Dr Matthews, Dr. Lan- sing, Dr. Fisk, Dr. Spring, Dr. J. McDowell, Mr. Bacon, Mr. Ross, Mr E. White, Mr. Jessup and Mr. Napier were appointed this Committee. — 1831, p. 325. Subsequently, the Committee to whom was referred the whole case in relation to the Rev. Albert Barnes, made a report, which being read was adopted, and is as follows, viz. : That after bestowing upon the case the most deliberate and serious con- sideration, the Committee are of the opinion that it is neither necessary, nor for edification, to go into the discussion of all the various and minute details which are comprehended in the documents relating to this case. For the purpose, however, of bringing the matter in controversy, as far as possible, to a regular and satisfactory issue, they would recommend to the Assembly the adoption of the following resolutions, viz. : 670 OF DISCIPLINE. Resolved, 1, That the General Assembly, while it appreciates the consci- entious zeal for the purity of the Church, by which the Presbytery of Phila- delphia is believed to have been actuated in its proceedings in the case of Mr. Barnes ; and while it judges that the sermon by Mr. Barnes, entitled " The Way of Salvation," contains a number of unguarded and objec- tionable passages, yet is of opinion that, especially after the explanations which were given by him of those passages, the Presbytery ought to have suffered the whole to pass without further notice. Resolved, 2. That in the judgment of this Assembly, the Presbytery of Philadelphia ought to suspend all further proceedings in the case of Mr. Barnes. Resolved, 3. That it will be expedient, as soon as the regular steps can be taken, to divide the Presbytery in such way as will be best calculated to promote the peace of the ministers and churches belonging to the Pres- bytery. With respect to the abstract points proposed to the Assembly for their decision in the Reference of the Presbytery, the Committee are of the opinion that if they be answered they had better be discussed and decided in thesi separate from the case of Mr. Barnes. The Judicial Committee reported that the other complaints and the ref- erence in relation to the case of Mr. Barnes, they considered as merged in the report just adopted. This report was accepted. The Assembly having finished the business in relation to Mr. Barnes, united in special prayer, returning thanks to God for the harmonious re- sult to which they have come; and imploring the blessing of God on their decision.— 1831, p. 329. [See also under Form of Government, mite, p. 161, 42, 1, b, and p. 218, V.I.] 2. "When Reference has been Made, the Judicatory Referring- can Regain Jurisdiction only by the Action of the Superior Judi- catory. In the case of the appeal of James W. Hamilton against the Synod of Sandusky (1863, p. 36, O. S.) the following report was made by the Judi- cial Committee : " When this case was first before the Session, the Session being composed of the moderator and one ruling elder, the moderator, as appears from the minutes, ' waived his right to sit in judgment on the case ; ' but an order was then made that the Session then proceed to take the testimony in the case, and submit the same to the Presbytery at its next meeting." The testimony having been taken, the whole case, charges and evidence were then accordingly submitted and referred to the Presbytery. The action of the Presbytery was to the effect " that the case be not issued before Presbytery." But the Presbytery directed that " the accused be admonished to give none occasion for evil to be spoken of his character; to look more carefully to his conduct, and walk more uprightly, as becometh the gospel ; " and recommended the minister of the church to read said action before the congregation ; which duty was performed on the 25th day of August, 1861. After this, on the 7th day of September following, the Session, without notice to the accused, and without giving him an opportunity to be heard, proceeded to give judgment on the charges and evidence as originally before the Session and Presbytery. The case, having been submitted to Presbytery, passed from the pos- session and proper jurisdiction of the Session, and Presbytery alone could again give the Session such jurisdiction, by reference back to the Session. WAYS IN WHICH A CAUSE MAY BE CARRIED. 671 This was not done. Even if the case had been in some proper way referred back by Presbytery to the Session the accused was entitled to notice of any further proceedings before the Session, and especially so of any new matter of accusation. The Presbytery, although, in terms, they did not " issue the case," did substantially make a decision, and by that decision subjected the accused to a mortifying public admonition, which was carried into effect, as directed by the Presbytery. The Session, in afterwards giving judgment on the charges, in effect subjected the accused a second time to discipline on the same charges. This is not allowable. If the accused, since he was publicly admonished, as directed by the Presbytery, has been guilty of offences, or disorderly conduct, he should be tried for the same on proper charges and notice. Resolved, That for the informalities and errors above mentioned, the appeal be and is hereby sustained, and all proceedings in the case, by the Session, Presbytery and Synod, since the admonition before the congrega- tion, on the 25th of August, 1861, are hereby annulled and set aside. MS. endorsement on Kecords of Synod of Sandusky, 1863. Minutes, 1863, p. 36, O. S. 3. Reference must be Carried to the next Higher Judicatory. [Under the former Book reference was allowed from the lower courts to the Assembly. See Digest, p. 546 ; this sec. lxxix. forbids. — M.~] LXXX. In cases of reference, members of the inferior judicatory may sit, deliberate, and vote. [VII. ii. 7.] LXXXI. A judicatory is not necessarily bound to give a final judgment in a case of reference, but may remit the whole case, either with or without advice, to the inferior judicatory. [VII. ii. 6.] The Committee appointed to draw a minute on the subject of the memorial from the Session of the First Church in Genoa, reported the following, which was adopted — viz. : Resolved, That the church of Genoa be referred to the minute of the Assembly formed in the case of David Price in the year 1825; from which it will appear that, in the judgment of the Assembly, " an admo- nition " was " deserved " by the said Price, in consequence of his unchris- tian conduct. And it is the judgment of this Assembly that the Session ought immediately to have administered such admonition ; that they ought still to administer it ; and that if the said Price refuse to submit to such admonition, or do not thereupon manifest repentance and Christian tem- per, to the satisfaction of the church, he ought not to be received into the communion of that or any other Presbyterian church. — 1827, p. 202. LXXXII. The whole record of proceedings shall be promptly transmitted to the superior judicatory, and, if the reference is accepted, the parties shall be heard. [VII. ii. 9.] 1. Testimony Attested by the Moderator and Clerk Sufficient. The following question, signed by William C. Davis, " Whether testi- mony taken before a Session, and sent up to the Presbytery under thi nature of moderator and clerk, will not be sufficient in references as well as appeals to render the case thus referred both orderly and cognizable by Presbytery," was answered in the affirmative. — 1797, p. 128. 672 OF DISCIPLINE. 2. A Superior Judicatory may Entertain a Reference which is not Accompanied by the Testimony, and Proceed itself to take it. The records of the Synod of Kentucky approved, " with one exception, viz. : According to the record on page 66, the Synod taught and acted on the principle that a Presbytery acts irregularly, which, upon the reference of a church session, takes the testimony and issues the case according to its bearings, even when the parties concerned agree to the reference. Your committee are of opinion that this principle is wrong in itself, and evil in its tendency, and therefore recommend this Assembly to express its disapprobation of it." — 1853, p. 455, O. S. In reply to a protest against this decision, the Assembly says : The action condemned^ not "in exact accordance with the Constitu- tion, Discip. (Old), chap, vii., sec. h\, art. ix.," as asserted by the protest- ant ; the article referred to containing a rule designed to facilitate busi- ness, but, as its language shows, it does not preclude a Presbytery from taking original testimony in certain cases, and it does not appear from the records that the Presbytery of Muhlenburg was irregular in so doing. — 1853, p. 456, O. S. Section III. — Of Complaints. LXXXIII. A complaint is a written representation made to the next superior judicatory, by one or more persons subject and submit- ting to the jurisdiction of the judicatory complained of, respecting any delinquency, or any decision, by an inferior judicatory. [VII. iv. 2, 3.] [See Digest of 1873, pp. 593-595. Under the practice complaints, as well as appeals, were carried over the next superior judicatory, where satisfactory reasons were assigned. See below, under Appeals, sec. cii. Under the head of " person or persons " the judicatories of the Church are included. In 1885 the words " or by any other reputable person or persons " were stricken out. — 1885, p. 602. Complaints were entertained — a. Of the Presbytery of Washington, Ohio, against the Presbytery of West Lexington. — 1821, p. 21. [These Presbyteries belonged to different Synods.] See also 1828, p. 237. b. Of the Third Presbytery of Philadelphia against the Presbytery of Luzerne Brought before the Assembly, because of these Presby- teries having had no common Synodical relation. — 1870, p. 27. c. Of the General Synod of the Reformed Church in America against the Presbytery of Philadelphia.— 1874, pp. 62-64. d. Of the Presbytery of Saharanpur of the Reformed Presbyterian Church against the Board of Foreign Missions of the Presbyterian Church.— 1883, pp. 628, 629 ; 1884, p. 108. The following decisions, under the head of complaints, are cited. Some of them, it is probable, do not conform to the present section. But all are of value, as showing the practice of the Assembly. The decisions under them are not affected by the changes in the Book. See Digest of 1873, pp. 596, 597.— if.] 1. The Distinction between an Appeal and a Complaint must be Observed. The records of the Synod of Utica were, on the recommendation of the committee, approved, with the exception that, on p. 275, the Synod recognizes a reference to them as an appeal which should have been con- WAYS IN WHICH A CAUSE MAY BE CARRIED. 673 sidered and acted on merely as a complaint against, and not as an appeal from, the decision of Presbytery concerning the settlement of a pastor. — 1843, p. 22, N. S. 2. The Same Matter may be the Subject both of Appeal and Complaint. The question was taken on sustaining the appeal and complaint (of the Second Presbytery of Philadelphia against the Synod of Philadelphia). A division being called for, the question was first taken on the complaint. Sustained by yeas 118, nays 57. The question was then taken on the appeal. Sustained, yeas 90, nays 81. — 1834, p. 431. [See under sec. xciii., below.] 3. Complaint will not Lie against a Judicatory for Obeying the Orders of the Superior Judicatory. a. Whereas, The Rev. Archibald McQueen prosecuted a complaint before the Assembly of 1845 against the Presbytery of FayetteviJle for refusing to restore him to the exercise of the gospel ministry, and did at the same time memorialize that Assembly to decree his restoration ; and whereas, that Assembly did take up and judicially entertain the said complaint, and pronounced judgment in the case by authorizing and recommending the Presbytery to restore the said Archibald McQueen to the gospel min- istry, provided that in the judgment of the Presbytery it was wise so to do ; and whereas the Presbytery, in the exercise of the discretion thus confided to them, did restore Mr. McQueen ; therefore, Resolved, That the complaint of the Rev. Colin Mclver and others against the Synod of North Carolina, for having sustained the action of the Presbytery of Fayetteville in restoring the said Archibald McQueen, in accordance with the judicial decision of the Assembly of 1845, cannot be entertained by this house, and is hereby dismissed. In making this disposition of the above-mentioned complaint, this Gen- eral Assembly wishes it to be distinctly understood that they do not mean either to retract or modify any judgment hitherto expressed by any As- sembly respecting the offence for which Mr. McQueen was suspended from the exercise of the gospel ministry. They simply declare that his case cannot be regularly brought before them bv this complaint. — 1847, p. 395, O. S. b. The complaint is not sustained, the Presbytery having acted entirely in accordance with the directions of the Assembly of 1867. — 1868, p. 641, 0. S. 4. Complaint will not Lie against Advice given on Memorial. The complaint of members of the Park Church, Newark, New Jersey, against the Synod of New York and New Jersey, was dismissed, on the ground that the action of the Presbytery was not a subject-matter of com- plaint, or removal of the case to a higher judicatory, their proceedings having been merely advisory upon the memorial of the complainants. — 1852, p. 166, N. S. 5. Nor against a Refusal to Adopt a Proposed Paper. The Judicial Committee having had under consideration No. 1, the ap- peal and complaint of the Rev. Robert J. Breckinridge, D. D., and others, against a decision of the Synod of Philadelphia on the quorum question ; and No. 2, the appeal and complaint of the Rev. R. J. Breckinridge, D. D., and others, against a decision of the Synod of Philadelphia on the ques- tion of the imposition of hands in ordination, report, that in their opinion 85 674 OF DISCIPLINE. the Form of Government and Discipline of the Presbyterian Church do not authorize the appellants and complainants to bring before the General Assembly either an appeal or complaint in the cases referred to. The report was adopted.— 1844, p. 366, O. 8. [Against this decision a protest was entered. See Baird's Collections, Rev. Ed., p. 145, and Minutes, p. 380. In answer, the Assembly reply inter alia ;] In replying to the protest in question, little more is necessary than to state distinctly what was the action of the Synod of Philadelphia, com- plained of by P. J. Breckinridge and others. Two papers were offered by Dr. Breckinridge for the adoption of the Synod ; the one relating to the constitution of a quorum in Presbytery, the other to the imposition of hands by ruling elders in the ordination of ministers of the gospel. In relation to each paper, the question on which the Synod voted was in the following words : " Shall this paper be adopted ?" By a large majority the Synod refused to adopt these papers. The Assembly know of no law in our Book of Discipline requiring a Presbytery or a Synod to adopt any paper or papers submitted to them by any individual or any number of individuals; and if there is no such law, there could be no transgression of law or neglect of duty, and consequently, no ground of complaint. The papers in question condemn the interpretation of certain clauses in our Constitution, given by the last Assembly, propose an opposite inter- pretation, and overture the General Assembly to repeal the overtures adopted by the last Assembly, and to adopt interpretations of an opposite character. In regard to these papers, it is proper to remark, 1. There was no case before the Synod. No elder complained that he had been deprived of what he regarded as a constitutional right. No Pres- bytery was charged with having constituted and proceeded to business without a constitutional quorum. The Synod, therefore, was not called upon to administer law, but to interpret our Constitution — to decide con- stitutional questions in thesi. How far it is expedient to give expositions of our Constitution, or to decide constitutional questions in thesi, it may be difficult to determine; but certain it is that no church judicatory is bound, in any state of case, to give such decisions. But " where there is no law, there is no transgression," and, of course, there can be no ground of com- plaint. The protestants allege that the Synod did act, and that their action was complained of. The answer is, that the only action of the Synod in the case was a refusal to adopt certain papers offered by a mem- ber of that body. To this action, if it be proper to call it so, the Synod was forced by the member who offered the papers. They were obliged either to adopt them or to refuse them. They deemed it wise, as they had the perfect right, to do the latter. 2. Again : these papers, if adopted, required the Synod to send to this Assembly an overture or request to give an interpretation of our Constitu- tion contrary to that given by the last Assembly. But, although it is the right of sessions, Presbyteries or Synods to overture the Assembly when- ever they may deem it wise to do so, there is in our Book no law requir- ing them or any one of them to do so in any case. In declining to send up an overture, therefore, the Synod of Philadelphia violated no law, com- mitted no transgression against ecclesiastical law, and consequently a com- plaint against that body cannot lie. The very idea of forcing either indi- viduals or bodies to overture or petition is absurd. But the protestants strangely contend that " every inferior court is re- sponsible to the courts above it for the proper exercise of its discre- tion, and therefore they may be complained of as regards its exercise." WAYS IN WHICH A CAUSE MAY BE CARRIED. 675 Where there is responsibility there can be no discretion. To maintain the contrary, is to contend that an individual or a body may use their discre- tion, provided they use it in a certain way — that they may do as they please, provided they are pleased to act in a particular manner. The truth is, that where ecclesiastical rights of individuals or bodies are concerned, there is no discretion. All such rights are guarded by our Constitution, by which every church court is bound. The admission of the protestants that the Synod had the right to exercise its own discretion in the matter com- plained of is, in effect, an admission that the complaint is not legitimate, and ought not to have been entertained by this body. Still more strangely, if possible, the protestants allege that "if the Synod be not obliged to act except in cases in which it, is compelled by positive law, then Synods could not be complained of for even the grossest viola- tions of duty, such as refusing to receive and issue appeals brought regu- larly before them, or refusing to redress what has been done by Presbyteries contrary to order." Do they, then, maintain that it is merely discretionary with Presbyteries and Synods whether they will receive and issue appeals, etc., regularly brought before them, as they admit it was with the Synod of Philadelphia whether they would condemn the doings of the last As- sembly and overture this Assembly to do the same? But they say "there is no positive command or law requiring Synods to exercise any of their specified powers." To prove that this statement is wholly incorrect, it is necessary only to refer to chap, vii., sees, i., iii. and iv., of our Book of Discipline (Old). Section i. treats of the duties of church judicatories in relation to review and control ; sections iii. and iv. treat of the right to appeal and complain in certain cases, etc. Where there are duties there can be no discretion, and where there is a right to appeal and complain there is positive obligation on the part of the judicatory to receive and issue such appeals and complaints. But where, in our Constitution, is it said to be the duty of any church judicatory either to adopt papers that may be offered, to decide constitutional questions in thesi, or to overture a higher court? Or where is the right given to individuals in any case to have their inter- pretations of our Constitution adopted? There are no such duties on the one hand or rights on the other, and consequently, no right of appeal or complaint. 3. An additional objection to the appeals and complaints is that, were they entertained, the Synod of Philadelphia would, in the final vote, be excluded from voting. This, in the administration of law, where the in- ferior court has decided the case, and the appeal or complaint is against their decision, would be perfectly proper. But in the mere interpretation, of our Constitution, in regard to which all have a common interest, and, therefore, common rights, such a course would be unconstitutional and grossly unjust. The Synod of Philadelphia, if the complaints had been entertained, would have beeu excluded, as having decided the questions involved. But the Synod of Kentucky has also given its decisions of the same questions. Why, then, should the one vote and the other be ex- cluded? Nay, it is believed, that a large majority of the members of this Assembly have, in one form or another, decided upon them. Why, then, permit them to vote, and exclude the Synod of Philadelphia? What in- terest has this Synod more than other Synods or Presbyteries, in giving a wrong exposition of our Book? When we interpret our Constitution, the voice of the whole Church should be heard. But the protestants say, this is an argument against our Constitution. In this, however, they are mistaken. It is only an argument against their incorrect interpretation of it. It gives no right to appeal or complain 676 OF DISCIPLINE. against a judicatory for declining to decide a constitutional question in thesi, or to overture the higher court. 4. That the complaint is illegitimate, is further evident from the conse- quences which would follow the adoption of the principle involved in it. If our Church courts are bound, in any case, to decide constitutional ques- tions in thesi, and to overture the higher court, it follows : 1st. That any member of a Session, Presbytery or Synod can, at any time, force the Assembly to discuss and decide, in thesi, any constitutional question he may choose to raise, or any number of them. He has only to offer his interpretation to the lower court, and come up with his complaint, which must be regularly issued. 2d. The Assembly can be forced to discuss and decide the same ques- tion repeatedly at the same session. The minority of the Synod of Ken- tucky might have complained of its action on the same points; and, according to the doctrine of the protestants, the Assembly must have regularly tried both complaints, regularly hearing the parties from both Synods discuss the same points, not in relation to the administration of law, where both parties claim to have been aggrieved, but in relation to the interpretation of law. 3d. The Assembly could be forced to decide great constitutional ques- tions by only a part of the delegates from the Presbyteries, thus excluding a large number of Presbyteries from a vote on the interpretation of the Constitution by which they are to be governed. 4th. The Assembly, by the exclusion of different Synods, in deciding the different complaints, might be placed in the humiliating attitude of giving contradictory expositions of the Constitution at the same sessions. Who will pretend that our Constitution is so defective, so strangely in- consistent, as to expose our Church courts to difficulties and absurdities such as those just mentioned? In answer to the third reason assigned by the protestants it is sufficient to state, that it has not been, and we believe it cannot be proved, that any General Assembly of our Church ever entertained a complaint such as the one in question — a complaint against a Church judicatory for refusing to decide a constitutional question in thesi, or to overture a higher judica- tory. The complaint under consideration is, so far as this Assembly is informed, strictly sui generis. Finally, our Constitution prescribes the mode in which constitutional questions may be brought before the General Assembly. The proper course was pursued by the Presbytery of Cincinnati in regard to the mat- ters embraced in Dr. Breckinridge's papers ; and they were brought be- fore this body untrammeled by judicial proceedings, and the voice of the representatives of the Church decided on the true meaning of the clauses in our Constitution concerning which there has been a difference of opinion. In reply to the complaint of the protestants, that the Assembly refused to hear the complainants on the right of jurisdiction, it is sufficient to say: 1st. That it cannot be shown that our Book gives such rights. 2d. The adoption of the principle involved in such a claim would be followed by most of the difficulties already enumerated as consequent upon entertaining the complaint. The Assembly must from year to year, agree to hear every member of a Session, Presbytery or Synod, who may choose to try to convince them that they have jurisdiction over all kinds of subjects. 3d There was properly no question as to right of jurisdiction. The matier of complaint against the Synod, belongs not to the department of disci- pline. WAYS IN WHICH A CAUSE MAY BE CAEEIED. 677 In reply to the complaint of the protestauts that the Assembly did not sit as a court, and that the members were not charged by the moderator ; it is sufficient to state, that as the Assembly could not sit in a judicial capacity, until the complaint was decided to be orderly and legitimate, the objection is wholly without force. The protestants think the course pursued by the Assembly calculated to foster all kinds of diversity in practice and opinion. They seem not to see, that the course pursued by the complainants and by themselves, in relation to the decisions of the highest court of our Church, to which it properly belongs to expound the Constitution and settle all controversies, is directly calculated to produce the very result they seem to deprecate. — 1844, p. 383, O. S. [See under Form of Government, chap, v., iv., 1827, p. 204, where a complaint against a refusal to adopt a resolution was entertained.] 6. Nor against an Opinion Expressed by the Superior Judicatory. A complaint of the Presbytery of St. Clairsville against the Synod of Wheeling, for taking exception to their minutes on the ground " that their entire action in the case of the church of Kirkwood was unwise and inex- pedient." The committee recommend that this complaint be dismissed, on the ground that in the action complained of the Synod passed no judgment in the case, but only expressed an opinion, and that there is therefore no constitutional ground for complaint. [See Book of Discipline (Old), chap, vii., sec. iv., sub-sec. ii.] The report w r as adopted. — 1864, p. 312, O. S. 7. Nor against a Judicatory for the Exercise of its Discretion. a. The complaint of the Rev. W. P. Carson against Synod of Iowa for dismissing his complaint against the Presbytery of Dubuque. The Pres- bytery, upon application both of the pastor and the congregation, dissolved the pastoral relation, and Mr. Carson complained to Synod, on the ground that the Session and Trustees united in calling the meeting of the congre- gation without the presence or co-operation of the pastor, at which action was taken asking for the dissolution of the pastoral relation. The com- mittee recommend that the complaint be dismissed, there being no suffi- cient ground of complaint. The report was adopted.— 1868, p. 612, O. S. b. Abuse or Misuse of Discretion is Reviewable. Complaint of Rev. Arthur Crosby vs. The Synod of Long Island. [See in full under sec. xii., above. — M.~] Dismissed, for the following reasons, viz. : 1. That upon the facts stated by the Presbytery as the basis of its action, the question whether the investigation asked for should be entered upon or not was one to be determined in the exercise of a sound discretion. — Book of Disc. (Old), chap, iii., sec. vi. 2. That while the misuse or abuse of discretionary power is reviewable, its use, in this instance, seems to have been in regard to a subject fairly within its range and unobjectionable in its manner. — 1881, p. 586. c. The complaint of the Rev. Samuel M. Gould against the action of the Synod of Philadelphia. The action complained of was taken on the petition of A. Bancroft, who signs himself " a member of the Session of the original Hermon Church," and asks the Synod "to investigate the condition in which Hermon Church has been placed" by several acts 678 OF DISCIPLINE. which are recited in the petition. The petition of Mr. Bancroft was pre- sented to the Synod at its sessions in October, 1881, and denied on the ground that the matter had been adjudicated in the various courts of the Church. The Judicial Committee are unable to find, from the complaint, that the decision of the Synod affects the doctrine or the Constitution of the Church ; nor can they find, in the statement of the action of the Synod, anything which was not within their discretion ; and therefore no case is presented which the Assembly can properly entertain and review. We recommend that the case be dismissed, and the committee be dis- charged from its further consideration. — Adopted 1882, p. 100. d. Appeal and complaint of the Rev. Mr. Edgar from the action of the Synod of Erie, sustaining the action of the Presbytery of Clarion in refusing to put a call from the church of Collingsburgh into his hands. The Judicial Committee recommend that, as the General Assembly have repeatedly decided that Presbyteries have discretionary power in such cases (see Digest, pp. 548, 549), which decisions are clearly in accordance with the Form of Government (see chap, xv., sec. ix.), therefore the appeal and complaint be dismissed. — Adopted 1875, p. 510. 8. Nor in a Case already Decided by the Assembly. Dr. Lacy, from the Judicial Committee, reported the complaint of James Russell against the Presbytery of Flint River and the Synod of Georgia. The committee report that the case has already been adjudicated by the General Assembly in Philadelphia, in the sessions of 1853, and can- not properly come again before this body ; and therefore recommend that the case be dismissed, and the papers be returned to Mr. Russell. — Adopted 1855, p. 271, O. S. 9. Nor against a Decision of a Moderator Unappealed from at the Time. Complaint of the Session of the First Presbyterian Church, St. Charles, Mo. A complaint of Rev. Robert P. Farris against the Synod of Missouri. These two cases are substantially identical, and may be regarded as one. The committee find that in the matter complained of there was no action of the Synod as such, but only a decision of the moderator affecting the complainants, from which they made no appeal to the body of the Synod, and consequently they have no just ground of complaint. They there- fore recommend that it be dismissed, and that the complainants have leave to withdraw their papers. The report was adopted. — 1865, p. 543, O. S. 10. Nor from the Decision of a Commission not yet Confirmed. The Judicial Committee, through Rev. Samuel Miller, D. D., reported the appeal of the church of Mifninburg against the Synod of Philadel- phia for its action in the matter of the appeal and complaint of the Rev. Isaac Grier. The committee reports that this complaint must be dismissed because no complaint will lie from the decision of a commission of Synod until that decision has been reported to Synod and approved thereby. _ The committee therefore recommends that the Assembly direct the commission in this case to report its decision to the Synod for its action. The report was adopted.— 1869, p. 902, O. S. [See also 1862, p/608, O. S.] WAYS IN WHICH A CAUSE MAY BE CARRIED. 679 11. Nor in a Case of Mere Review of Records. In the case of the complaint of Nathaniel West and Thomas H. Skin- ner against the Synod of Cincinnati, in a case of review and control, the committee recommend that, it being a question of mere review of records, a judicial complaint does not lie, and that the case be dismissed. — Adopted 1877, p. 576. 12. Nor against the Refusal to Read the Printed Minutes. Case of Rev. J. W. Martin vs. the Synod of Cleveland. Mr. Martin complains of a suggestion of the moderator, sustained by vote of the Synod, that the minutes of the previous session need not be read at the beginning of the sessions in October, 1872, because they had been printed and were in the hands of the members ; also that the mod- erator refused to hear him speak against this action, and requests the Assembly to express a judgment respecting the authority of moderators and church courts under our Book. The committee find that the min- utes of the previous session had been read and approved by the Synod at the close of that session, and therefore would have been read only for information, which was already in possession of the members in the printed copies ; that they have no proof that the complainant was unjustly treated by the moderator, beyond what often occurs in such cases ; and that our Book of Discipline very definitely states the authority and prov- ince of moderators. Therefore, we do not deem the case of sufficient importance to require the action of the Assembly. — Adopted 1873, p. 509. 13. Nor against Postponement of Action. In the case of Thomas H. Skinner and others against the Synod of Cin- cinnati for not taking up and issuing a complaint of Dr. Skinner against the Presbytery of Cincinnati in the McCune case, then pending, the com- mittee recommend that, as there had been no judicial action of the Synod in the case, against which a complaint could lie, but simply and only a postponement of action on a report of the Judicial Committee of the Synod, therefore the case be dismissed. — 1877, p. 576. 14. Complainant has Leave to "Withdraw for Reasons Stated. a. The complaint of Alexander Guy, M. D., against the action of the Synod of Cincinnati. The complainant, Dr. Guy, having reason to believe that the language employed by the Synod, in determining the case, was inadvertently used, is on this account willing to withdraw his .complaint. The committee recommend that leave be granted, and that Dr. Guy be allowed to with- draw his papers. The report was accepted and adopted. — 1867, p. 331, O. S. b. The complaint of the Rev. S. J. Niccolls and others against the action of the Synod of Missouri, passed at its sessions in October, 1865, whereby it declared the previous meeting of its own body " not a free court of Christ, and its entire acts null, void and of no binding force." This complaint was found in order, and referred from the last General Assembly to this; but inasmuch as the Synod has reconsidered and reversed the action complained of, and reported the same to this General Assembly, in accordance with the requirement of the last Assembly, passed with reference to the Synod of Missouri, the complainants request leave to withdraw their complaint. Your committee recommend that their request be granted, and the case dismissed. 680 OF DISCIPLINE. The report was accepted and adopted. — 1867, p. 331, O. S. c. The appeal and complaint of D. W. Irvine and others against the action of the Presbytery of New Castle. The committee, having satisfac- tory evidence that the ground of the appeal and complaint in this case has been removed by the subsequent action of the Presbytery complained of, recommend that the appeal and complaint be dismissed without preju- dice. The report was adopted. — 1867, p. 327, O. S. d. A complaint of certain members of the Session of the church of Eaton, Ohio, against the Synod of Cincinnati. The committee recommend that the complainants have leave to with- draw their complaints without prejudice, and that they be advised to pre- sent the same to the Synod of Cincinnati. — 1871, p. 547. [See also Digest, 1873, p. 604 ; Minutes, 1833, p. 399.] 15. "Withdrawal of Complaint may have the Same Effect as its Dismissal. The Judicial Commission to whom was referred the complaint of the Kev. John W. Martin against the Synod of Philadelphia in the matter of the Hermon church, reported that after the announcement of their decision in Case No. 1 the complainant, by his counsel, the Rev. Robert Herron, D. D., asked leave to withdraw his complaint, which was granted ; and the committee adjudge that such withdrawal shall have the same effect as if the complaint had been dismissed. — 1878, p. 43. 16. Leave to "Withdraw, the End desired being Accomplished. a. " Inasmuch as the complaint of W. W. Colmery and others against the Synod of Cincinnati was made wholly in behalf of our excellent standards of doctrine and order, and as these have been sufficiently vin- dicated by the discussion and action of this Assembly on the complaint of Thomas H. Skinner and others, I respectfully ask leave to withdraw the complaint. William W. Colmery." The request was granted.— 1878, p. 81. b. On the adoption of the report of the committee to review the records of the Synod of Cincinnati (see the report in full under sec. lxxii., iii., 4, above), Drs. West and Skinner asked leave to withdraw their complaints against the Synod of Cincinnati, the grounds of said complaint having been virtually covered by the report. Leave was given the complainants to withdraw their papers. — 1878, p. 118. 17. Complainants have Leave to "Withdraw— because, 1st, The Pro- ceedings of a Civil Court are not Conclusive as against the Ecclesiastical ; 2d, Trial by Commission is not Ground of Com- plaint ; 3d, Informality in the Decision does not Invalidate the Result intended to be Reached. The report of the Judicial Committee thereon was adopted, and is as fo]]ows : The complaint of Joseph S. Van Dyke and others against the Synod of New Jersey for dismissing their complaint against the Presbytery of Monmouth, for acquitting Elder L. E. Brown of an alleged criminal offence. A brief statement of the case is as follows : Brown was indicted in a civil court for a serious crime ; was tried, and found guilty. The case was taken to the Supreme Court, which reversed the judgment at the hearing, and remanded the case for a new trial. The accused, under the advice of counsel, in order to save the notoriety, risk WAYS IN WHICH A CAUSE MAY BE CARKIED. 681 and expense of a new trial, plead guilty to a lesser grade of offence, and was fined by the court. He then applied at once to his Session for the most " searching investi- gation" into the charges made against him. The Session referred the matter to the Presbytery of Monmouth, which accepted the reference. The case was tried by a commission of the Presbytery appointed at the request of all parties. The commission, after a full trial, acquitted the accused. Upon his acquittal these complainants complained to the Synod of New Jersey. The Synod, by consent of parties, appointed a new commission, who again tried the case upon its merits, and also considered certain irregularities alleged to exist in the action of the Presbytery. The com- mission brought in a decision in these words : " The complaint is sustained pro forma; but, inasmuch as the informalities and irregularities com- plained of do not seriously affect the matters at issue, the case be and hereby is dismissed." The decision of the commission was accepted by the Synod, and ordered to be entered of record. These complainants now complain of this action of the Synod. They do not ask that the case be tried again by this Assembly, but that it be remitted for a new trial to the Presbytery of Monmouth. The reasons given for this complaint are obscure, but, in the opinion of this committee, are as follows : 1st. The decision of the commission of the Synod was in conflict with the plea of " guilty " in the civil tribunal. 2d. Because the case was twice tried by commissions, and not by the Presbytery or Synod itself. 3d. That the decision of the commission of the Synod was not in proper form ; that, instead of dismissing the complaint as it did, it should have in so many words declared the accused " guilty, or not guilty," and have affirmed or reversed the action of the Presbytery. In regard to the first ground of complaint, in the judgment of your committee all the presumptions arising from the proceedings of the civil courts adverse to Mr. Brown are overbalanced and neutralized by the much stronger presumptions arising from his acquittal, after patient and careful investigation, by two ecclesiastical courts in succession, and those among the largest and weightiest in our Church. With regard to the second ground of complaint, that the case was tried by commissions by consent of parties, we do not see that it furnishes any just ground for complaint. Should the prayer of the complainants be granted, and the case be remanded to the Presbytery of Monmouth for a new trial, it would probably be tried again by a commission, for the best of reasons. With regard to the third reason for this complaint, we think the com- mission of the Synod was not happy in the form of its decision. The intention of the commission was, it is evident, to acquit the accused and confirm the action of the Presbytery. The committee consider that this was the actual result of its dismissal of the complaint. The form of the decision has harmed and can harm no one, and it i> for the accused, if any one, to complain of the indefinite judgment in his own favor. This committee are somewhat in doubt as to what was expected of them on the recommitment to them of the report before made in the case. They, however, report the case a second time, with a fuller statement of the facts of the case, and of your committee's opinion thereon. Your committee deem it their official province and solemn duty, in 682 OF DISCIPLINE. accordance with the long and unquestioned practice of the Judicial Com- mittee of the General Assembly, to give to the Assembly their opinion as to the sufficiency of these grounds of complaint, and to propose to the body the course they recommend it to pursue in regard thereto. In view of all this, it appears to your committee that this case has been sufficiently and properly adjudicated. We think, with the light now before us, that it would be imposing an unjust burden and an unedifying labor on the Presbytery of Monmouth to require it to re-try this case. We therefore unanimously recommend the adoption of the following resolution : Resolved, That, in the matter of the complaint of Joseph S. Van Dyke and others against the Synod of New Jersey, praying that the Presbytery of Monmouth be required by this Assembly to readjudicate the case of L. E. Brown, their petition be not granted, and that the complainants have leave to withdraw their papers. — 1880, pp. 64, 65. 18. Complaints Dismissed and Leave to Withdraw — Because, 1st, of Indefmiteness in the Complaints, and, 2d, that the Matters should be Left to the Wisdom and Discretion of the Synod. The report of the Judicial Committee was adopted — viz. : No. 8, Rev. Nathaniel West vs. The Synod of Cincinnati. No. 9, Kev. Nathaniel West vs. The Synod of Cincinnati. No. 10, Rev. William H. James et al. vs. The Synod of Cincinnati. The Judicial Committee have had under consideration these three com- plaints, and find that they are about the very same subject-matter, and may well be considered at once and together. Two of the three are complaints (Nos. 8 and 9) by Rev. Nathaniel West against the action of the Synod, on the day of October, a. d. 1879, at its session then held at Lebanon. The Synod at that time and place did consider a certain complaint against the Presbytery of Cincin- nati, did reverse the proceedings of the Presbytery, and at the same time, in severe terms, did censure the Presbytery. This we learn from the records of the Synod, and not from the complaints. The complaints, however, do complain that certain censures and requirements pronounced by the Synod are not sufficiently severe as against the Presbytery. The complaint No. 10 is the complaint of the Rev. William H. James et al., members of the Presbytery of Cincinnati, complaining of the same action of the Synod. They complain, however, that the action is unwar- rantably severe as against Presbytery. But, like the Rev. Nathaniel West, they fail to describe the action they complain of as being too severe, and we are left to examine the records of the Synod to ascertain what was done by the Synod. The notices of complaint in each of these three cases, and the com- plaints themselves, were all filed in due time ; yet they are all so indefi- nite that they would require much additional elaboration before the real points and issues, on which the parties seek the judgment of this Assem- bly, can be brought under its ready comprehension for intelligent judicial review ; and therefore the committee find that neither of the three com- plaints is in order. When we consider that the grounds of complaint are so indefinitely stated in each of the three complaints that we are not only left in great doubt as to the precise points complained of, but actually required to examine the records to ascertain these points, and when we consider the controversy itself, we the more cheerfully come to the conclusion at which we have arrived. The record shows that the whole matter might well be WAYS IN WHICH A CAUSE MAY BE CARRIED. 683 left to be determined by the wisdom, and in the exercise of a sound dis- cretion, of the Synod. The committee fail to find anything in these cases that should occupy the time of the Assembly. We are sure that by ending the controversy now the peace of the Church and the comfort and usefulness of all concerned will be promoted. Of course it is the imperative duty of every inferior court to obey the direction and mandate of the superior, and such obedience, if necessary, should be enforced by the superior court. We arrive at these conclusions all the more gladly, because a course different from that herein indicated does not appear to be needed for the vindication of Rev. Nathaniel West. That has already been done in the most ample manner. It appears that there is nothing derogatory to his moral, religious or ministerial character. The premises considered, the Judicial Committee recommend that each of the three complaints be dismissed, and that the respective complainants have leave to withdraw all papers filed by them. — 1880, pp. 80, 81. 19. Leave to Withdraw on the Request of the Parties. The complaint of the Rev. James P. Hendrick and thirteen others against the action of the Synod of Kentucky for rejecting an exception to the records of the Presbytery of Ebenezer, which were before the Synod under general review and control. The committee report that in this case the Rev. Stephen Yerkes, D. D., who is one of the complainants, has appeared before the committee and asked leave to withdraw the complaint, which action he represents will be satisfactory to the parties. We there- fore recommend that leave be granted to withdraw the complaint, and that this committee be discharged from its further consideration. — Adopted 1882, p. 100. 20. Complaint Dismissed because no Parties were Aggrieved. A complaint of Thomas W. Hynes of certain action taken by the Presbytery of Alton and the Synod of Illinois, South. Whilst there is some ground, through a technical informality, for his complaint, yet, as no parties were aggrieved by the action of Presbytery, it is recommended that the complaint be dismissed. — Adopted 1880, p. 29. 21. Complaint Dismissed, as not in Due Form. — To Strike from the Roll without Notice or Citation Disapproved. A complaint against the Synod of Colorado in confirming the action of the Presbytery of Wyoming in striking the name of Rev. Thomas Cooper from its roll without notice or citation. The committee report that, while the Assembly cannot approve of the action of the Presbytery in dropping Mr. Cooper's name without notice or citation, nor the subse- quent action of the Synod of Colorado in confirming the action in review, yet, as nothing would be gained by a reopening of the case, and as the case does not come before us in due form, the committee recommend that the case be dismissed. — Adopted 1875, p. 511. 22. Subject-matter of Complaints Entertained. a. Relative to a decision of the Synod of Pittsburg reversing a decision of the Presbytery of Ohio, which had restored Mr. Wherry to church privileges.— 1820, p. 738. The complaint was sustained. b. In the case of the complaint of members of the Presbytery of Car- lisle against the Synod of Philadelphia, it was — 684 OF DISCIPLINE. Resolved, 2. That the complaint ought to be considered by the Assem- bly, only so far as it regards the regularity of the proceedings of the Synod in reversing the judgment of Presbytery in the case. — 1823, p. 74. c. Complaint of the Presbytery of Washington, Ohio, against the Pres- bytery of West Lexington, for licensing and ordaining the Rev. William L. M'Calla, contrary, in the opinion of the complainants, to Presbyterial order, Mr. M'Calla having been suspended from church privileges by the Presbytery of Washington, in consequence of a reference on the subject from the Session of the church of Chillicothe. — 1821, p. 21. [See for decision, Form of Government, xiv., i., ii.] d. Complaint of Ashbel Green and others, by which complaint the fol- lowing question is presented for the decision of the Assembly — viz. : Is it consistent with the constitution of this Church for the same individual to hold the office of ruling elder in two different churches at the same time ? The complainants were heard in support of their complaint ; the Synod was heard in defence of their decision ; and the complainants concluded with a reply: When it was resolved by the Assembly, that the decision of the Synod be affirmed, and the complaint dismissed. — 1827, p. 204. e. The Judicial Committee also reported a complaint by Mr. David M'Clure, against the Presbytery of Philadelphia, in relation to the mode in which certain ruling elders had lately been elected in the Second Pres- byterian Church of Philadelphia. — 1827, p. 211. Decision of Presbytery affirmed, p. 215. /. Complaints from the Presbyteries of French Broad and Union against the Board of Missions, for declining to appoint two missionaries. — 1835, p. 289. [For decision, see under Form of Government, x., viii.] g. Complaint of the minority of the Presbytery of Philadelphia, against a reference by said Presbyterv of the case of Rev. Albert Barnes. — 1881, p. 319. The decision of the Presbytery of Philadelphia, relative to the installa- tion of Mr. Duffield, see vii., iii., x.— 1835, p. 490. h. The complaint of Mr. Gilbert and Mr. Pickands in behalf of them- selves and other members of the late Presbytery of Wilmington against the Synod of Philadelphia, for dissolving them. — 1836, p. 279. Sustained. L Complaint of Rev. Thompson Bird against the Synod of Iowa for reversing the decision of the Presbytery of Des Moines, deposing a minis- ter for adultery in marrying a divorced woman. — 1858, p. 599. N. S. [See Directory.] j. A complaint of certain members of the Presbytery of Philadelphia against the Synod of Philadelphia, for refusing to divide said Presbytery was taken up. — 1832, p. 356. The complaint was sustained without casting censure on the Synod of Philadelphia.— 1832, p. 360. [See also 1833, p. 396.] k. The complaint of John Turbitt against the Synod of Illinois, for refusing to take up and consider, at their meeting in October, 1859, his appeal from, and complaint against, the Presbytery of Peoria ; and would recommend to the Assembly to dispose of the case by adopting the follow- ing minute ; It is earnestly recommended by this Assembly to the Synod of Illinois to reconsider their judgment in the case of Mr. John Turbitt, declared at their late meeting, October, 1859, and, without regarding the circumstance WAYS IN WHICH A CAUSE MAY BE CARRIED. 685 of his having originally passed over the Synod and appealed directly to the Assembly, nor, the circumstance of so much time having elapsed since the decision of the Presbytery against him, to take up his case, and either try it as an appeal against the Presbytery upon the old evidence, or else remand it to the Presbytery for their hearing of the new testimony. — 1860, p. 46, O. S. /. The complaint of the Eev. Alex. M. Cowan against the action of the Presbytery of Sydney for refusing to enrol his name on the ground that he acknowledged himself to be a signer of the " Declaration and Testi- mony," and refused to sign the declaration prescribed by the Assembly of 1867 in such cases. The Committee finds the case to be in order, and recommends that it be tried according to the order prescribed in the Book of Discipline. — 1868, p. 639, O. S. [The following minute in the case was adopted :] The General Assembly having heard the complaint of Mr. Cowan, it is resolved that it be not sustained, the Presbytery having acted entirely in accordance with the directions of the Assembly of 1867. But inasmuch as the emergency that called for the action of that and of the previous Assembly has passed ; and inasmuch as many throughout the Church, and entirely loyal to it, have scruples in respect to the constitu- tionality and expediency of the orders of 1866 ; and inasmuch as Mr. Cowan declares, that in signing the Declaration and Testimony he had no inten- tion to rebel against, or to show any disrespect to, the Church, but merely to protest against what he regarded as an unconstitutional act ; and inas- much as he desires to adhere to the General Assembly and to be subject to its authority ; therefore, Resolved, That his case be referred to the Presbytery to which he be- longed, with instructions to deal tenderly with his scruples, and if in the judgment of said Presbytery he can be restored in accordance with the spirit of the action of 1867, that Presbytery have authority to restore him without further acknowledgment than that stated above in the hearing of this body.— 1869, p. 641, O. S. For other causes of complaint see below. 23. Complainants Satisfied by Conference and Leave to "Withdraw. The Judicial Committee reported the complaint of the Second Presby- tery of Philadelphia against the Synod of Philadelphia, and also the com- plaint of Messrs. Robert Cathcart, George Duffield and E. W. Gilbert against the Synod of Philadelphia, as in order, and reported also an order to be pursued in prosecuting these complaints. Resolved, That these complaints be referred to a select Committee, to endeavor to effect a compromise, if practicable, between the parties con- cerned. Dr. Spring, Dr. Hoge, Mr. Ludlow, Mr. Jessup and Mr. Wilkinson were appointed this Committee. The Assembly united in prayer for the divine direction and blessing upon this Committee and the parties concerned in these complaints. The Judicial Committee reported on the petition and remonstrance of the Synod of Philadelphia against the last General Assembly's proceed- ings in relation to the Second Presbytery of Philadelphia. This paper was referred to the same Committee of compromise. The Judicial Committee further reported the complaint and petition of E. W. Gilbert in behalf of himself and the Hanover Street Church of Wilmington, Delaware, against the Synod of Philadelphia, as in order. 686 OF DISCIPLINE. and reported an order of proceeding to be followed in. case the complaint is taken up. This complaint also was referred to the same Committee of compromise. The Judicial Committee further reported on a paper purporting to be a complaint of the Synod of Cincinnati, remonstrating against the division of Presbyteries on the principle of elective affinity. This paper was also committed to the same committee of compromise. — 1833, p. 396. The committee subsequently reported that after an interview with mem- bers of the Presbytery and of the Synod, as a result of a free conference with both parties, they were enabled to recommend to the Assembly the following : Resolved, That the complainants in all these cases have leave to with- draw their complaints, and that the consideration of all the other papers relating to the Second Presbytery of Philadelphia be indefinitely post- poned.— 1833, p. 399. LXXXIV. Written notice of complaint, with the reasons therefor, shall be given, within ten days after the action was taken, to the clerk, or, in case of his death, absence, or disability, to the moderator of the judicatory complained of, who shall lodge it, with the records and all the papers pertaining to the case, with the clerk of the superior judi- catory, before the close of the second day of its regular meeting next ensuing the date of the reception of said notice. [VII. iv. 4 ; last part new.] [The ten days within which notice must be given, it will be noted, run from the time when the action was taken, and not from the rising of the j udicatory. — M.~\ 1. Reasons as well as Notice must be Given. Overture No. 3, from the Synod of Cincinnati, as follows : Does the language of the Book of Discipline (Old), chap, vii., sec. iv., imply that when notice of complaint is given to a judicatory of the Church, reasons for such complaint must be given, as in the case of appeal ? A majority of the committee recommend that the question propounded in the overture be answered in the affirmative. The minority are of the opinion that it should be answered in the negative. It was moved that the Assembly sustain the answer of the majority in the affirmative. — Adopted 1855, p. 271, O. S. 2. Notice must be Given within Ten Days after the Action is Taken. a. A complaint of Rev. John Pym Carter against the Synod of Balti- more : The certificate of the moderator of the Synod of Baltimore shows that Mr. Carter did complain to Synod of its decision, but that the grounds of complaint were lodged by him on the 3d of November, 1880, the Synod having adjourned October '21st. The Book of Discipline (Old), chap, vii., sec. iv., sub-sec. iv., requires notice of complaint to be given within ten days after the rising of the judicatory, as in the case of an appeal (B. Disc. [Old], chap, vii., sec. iii., sub-sec. v., which requires an appellant to lay the reasons of his appeal in writing before the judicatory appealed from within ten days after its risincv)- WAYS IN WHICH A CAUSE MAY BE CARRIED. 687 The General Assembly (Moore's Digest, p. 605, 1) directed that " when notice of complaint is given to a judicatory of the Church, reasons for such complaint must be given as in case of appeal." Mr. Carter's reasons were not given until the thirteenth day after the adjournment of the Synod. He not having complied with the require- ments of the Book of Discipline, your committee recommend that the complaint be dismissed. — Adopted 1881, p. 587. b. Complaint of the Rev. Samuel M. Gould against the Presbytery of Philadelphia North. There is no evidence that notice and reasons of com- plaint were given by the complainant, as required by the Book of Disci- pline (Old), chap, vii., sec. iv., sub-sec. iv., and no sufficient reason for passing over the Synod. We recommend that the complainant have leave to withdraw his complaint. — Adopted 1881, p. 585. c. A complaint of Fisk Harmon against the Synod of Iowa North in approving the decision of the Presbytery of Fort Dodge, in declining, for reason, to restore him to the ministry from which he had been deposed by the Presbytery of Des Moines the year before. The committee recom- mend that the complaint be dismissed, and the papers be returned to the complainant, because it does not appear that he gave any notice at any time to the Synod of his intentions to complain. — Adopted 1875, p. 511. 3. Evidence must be Furnished that Notice was Given. Dismissed for want of evidence that notice of the complaint was given to the superior judicatory.— 1834, p. 434; 1863, p. 23, O. S. ; 1865, p. 16, N. S. ; 1875, p. 511 ; 1881, p. 585. Leave given to show that notice has been given as required (1834, p. 454) and the complaint entertained. — 1836, p. 274. [Where a mistake had been made, see chap, ix., sec. iv., sub-sec. xcvi.] 4. Right to Complain lost by Failure to Observe the Rules. a. The report of the Judicial Committee No. 3, viz., the complaint of Messrs. Tate, Mclver and others, against the Presbytery of Fayetteville, in the case aforesaid, was taken up and adopted, and is as follows, viz.: A complaint of the Rev. Robert Tate, Colin Mclver and others, was put into the hands of the Committee, in which they complain of a decision of the Presbytery of Fayetteville, by which they refused to reconsider certain decisions made at a former meeting of the Presbytery touching the case of the Rev. Archibald McQueen. The Committee are unanimously of the opinion that the General Assembly cannot entertain this complaint, inasmuch as the complainants did not avail themselves of their right to complain of the aforesaid decisions within the time and in the manner specified in our Book of Discipline. The Committee believe that it was never intended that those who thus waived their right should have the right, at a subsequent meeting of the judicatory, on a mere motion to re- consider, to bring the whole previous action by complaint before the higher judicatory.— 1846, p. 202, O. S. b. On motion of George Howe, the unfinished business on judicial case No. 1 was resumed, and the report of the Judicial Committee was adopted, and is as follows : Judicial Case No. 1. The complaint of the Rev. James P. Fisher against the action of the Synod of Albany, in the case of the Rev. George H. Thatcher. It appears that the Presbytery of Albany allowed Mr. Thatcher to demit the office of the gospel ministry, of which action complaint was made by Mr. Fisher to the Synod in 1856. This complaint was sustained, but no copy of it appears on record, nor are the minutes of the Presbytery, 688 OF DISCIPLINE. out of which the complaint grew, before us. The Synod, in sustaining the complaint, did not make any order to the Presbytery as to what disposi- tion they should make of Mr. Thatcher; but no protest was entered against this action, nor was any complaint taken to this body at that time. At the meeting of the Synod in 1857, a memorial was presented from the Presbytery of Albany, asking Synod to define their action in the case, which memorial was laid on the table. The complaint now before us pur- ports to lie against this latter action, but it is entitled a complaint "of the action of the Synod in the case of the Rev. George H. Thatcher," and undoubtedly all the reasons of complaint are aimed against that action. The Judicial Committee recommend that the case be dismissed for the following reasons, viz. : 1. The complainant having failed at the proper time to make his com- plaint of the action of the Synod in the case of Mr. Thatcher, has thereby forfeited his right to complain. 2. Were the Assembly to allow a judicial case, when once adjudicated, to be revived on a simple memorial, it would give rise to endless litigation, insomuch that no judicial case could ever be known to be finally settled. 3. Even if the Assembly were disposed to entertain the complaint, no intelligent or just decision could be had in the case, in the absence of the complaint which the Synod sustained, and of the records of the Presbytery in the original case.— 1858, p. 297, O. S. LXXXV. Whenever a complaint, in cases non-judicial, is entered against a decision of a judicatory, signed by at least one-third of the members recorded as present when the action was taken, the execution of such decision shall be stayed until the final issue of the case by the superior judicatory. [New.] LXXXVI. The complainant shall lodge his complaint, and the reasons therefor, with the clerk of the superior judicatory before the close of the second day of its meeting next ensuing the date of the notice thereof. [New.] [See chap, ix., iv., xcvii. The same rule applies to appeals. — M.~] LXXXVII. If the higher judicatory finds that the complaint is in order, and that sufficient reasons for proceeding to trial have been assigned, the next step shall be to read the record of the action com- plained of, and so much of the record of the lower judicatory as may be pertinent ; then the parties shall be heard, and, after that, the judi- catory shall proceed to consider and determine the case, as provided for in cases of original process. In cases of complaint involving a judicial decision, proceedings in an appellate judicatory shall be had in the order and as provided in sec. xcix., chap, iv., entitled " Of Appeals." [New.] [See under xcix. 9, below, for procedure on complaints.] LXXXVIII. The effect of a complaint, if sustained, may be the reversal, in whole or in part, of the action of the lower judicatory; WAYS IN WHICH A CAUSE MAY BE CARRIED. 689 and may also, in cases non-judicial, be the infliction of censure ^pon the judicatory complained of. When a complaint is sustained, the lower judicatory shall be directed how to dispose of the matter. [VII. iv. 5 ; last period new.] 1. The Judicatory Issuing a Complaint may not Decline to Adju- dicate the Merits of the Case, and must Observe the Alterna- tives of the Book.— It may not Assume Original Jurisdiction. On the complaint of Mr. William H. Beecher and others against the Synod of Genesee, in the case of the appeal of Dr. Frank from the decis- ion of the Presbytery of Genesee, the General Assembly sustain the com- plaint and reverse the judgment of the Synod on the following grounds, viz. : 1. That the merits of the case seem to be expressly declined by the Synod as the subject-matter of adjudication. 2. That the Synod appear not to have adhered to the alternatives pre- scribed by the Constitution. (See Book of Discipline [Old], chap vii., sec. hi., sub-sec. x.) 3. That the Synod seem to have forgotten the nature and the limits of their appellate, as distinguished from the original jurisdiction in the case; in that they censure at their bar the appellant in a way competent, in any circumstances, only to the session of the church to which the appellant was primarily amenable. 4. That they seem to have forgotten also, in restoring the appellant, that some expression of repentance ought to have been exacted, especially if their reprimand could, from any tribunal, have been deserved. The Assembly, therefore, rule that the Synod of Genesee should review their proceedings in this case ; and, regarding alike the rules of the Cou stitution and the merits of the case, that they proceed to issue the same with equity and wisdom. In the matter of defining in what calumny consists, as connected with the case, the Assembly feel it not necessary to express any opinion farther than to recommend the principles of our constitutional discipline. — 1840, p. 11. N. S. 2. Reversal places Matters in Statu Quo. [In the complaint of T. B. Clark and others, against the decision of the Synod of Cincinnati — ] The parties having been heard, the Synod withdrew, and the roll was called for the opinions of the members. The question was then put, " Is the complaint well founded ?" and it was answered in the affirmative. And it was Resolved, That the complaint be sustained, and the decision of the Synod of Cincinnati be reversed, and matters placed in the same situation in which they were, before the Synod entered up its judgment in the case. — 1841, p. 450, O. S. 3. A Complaint alone does not Suspend the Dissolution of a Pas- toral Relation. An overture from the Presbytery of Erie — viz. : Does the dissolution of pastoral relations take effect immediately, although notice has been given of a complaint to a higher court ? Answer. — A complaint alone does not suspend or arrest the action com- plained of. 87 690 OF DISCIPLINE. [See LXXXV., above. The execution of a decision may be stayed until the final issue, by one-third of the members present. — M.~\ 4. Censure of the Lower Judicatories. The Committee appointed to prepare a minute to be adopted by the As- sembly, in relation to the appeal and complaint of the Rev. Josiah B. Andrews, against a decision of the Synod of New Jersey affirming a de- cision of the Presbytery of Jersey, by which Mr. Andrews was admonished, reported, and their report being read, was adopted, and is as follows, viz. : The General Assembly, after maturely and prayerfully considering the appeal and complaint of the Rev. Josiah B. Andrews, from a sentence of the Synod of New Jersey, adopted the following minute, viz : While in the opinion of this Assembly, the Presbytery of Jersey in originating, conducting and issuing this prosecution, do not appear to have exercised that cautious regard to the provisions of the Constitution, in cases of process, which are so efficient in matters of discipline, and while they deem this applicable to the proceedings of the Presbytery in relation to both the parties, Resolved, First, That the sentence of the Presbytery and Synod so far as it cen- sures the Rev. Josiah B. Andrews, for an imprudence of conduct and a want of tenderness toward the reputation of certain members of the church in Perth Amboy, be affirmed and it hereby is affirmed. Second, That the sentence of the Presbytery and Synod, censuring the Rev. Josiah B. Andrews for " a very reprehensible degree of equivoca- tion," be reversed, and it hereby is reversed. — 1824, p. 106. [See also under sec. lxxii. 4, above, censure of the Synod of Cincinnati on review of records. — 1878, p. 117. — if.] 5. Complaint Sustained, and the Errors of the Inferior Judicatories Detailed. The Committee appointed to bring in a minute in reference to the com- plaint of the Rev. Thomas H. Skinner, D. D., and others against the Synod of Cincinnati, respectfully report the following — viz. : The complaint of the Rev. Thomas H. Skinner, D. D., and others against the Synod of Cincinnati, in the matter of Rev. William C. McCunc, was found to be in order ; and, after being heard, the vote on the same was taken, and stood as follows : To sustain the complaint, 243 ; to sustain in part, 7 ; not to sustain, 57. The complaint is therefore hereby declared to be sustained, and the action of the Synod reversed. In this decision the Assembly affirm their judgment that the original charges brought against the Rev. William C. McCune before the Presby- tery of Cincinnati in this case were proved by sufficient evidence under several of the specifications subjoined to the same. The Presbytery there- fore erred in not sustaining these charges, and in not reprimanding Mr. McCune for his unsound statements and his disloyal action in the premises. The Presbytery also erred in dismissing Mr. McCune under these circum- stances to another denomination as in good standing. The Synod of Cin- cinnati erred in refusing to sustain the complaint made against the Pres- bytery of Cincinnati for its action in this case. — Adopted 1878, p. 103. [See also under sec. xcix., iv. 19-21. — if.] LXXXIX. The parties to a complaint, in cases non-judicial, shall be known, respectively, as complainant and respondent — the latter WAYS IN WHICH A CAUSE MAY BE CARRIED. 691 being the judicatory complained of, which should always be repre- sented by one or more of its number appointed for that purpose, who may be assisted by counsel. [New.] XC. Neither the complainant nor the members of the judicatory complained of shall sit, deliberate, or vote in the case. [VII. iv. 7.] The Presbytery of Carlisle was allowed to vote in the case, contrary to the provisions of the Book of Discipline (Old), chap, vii., sec. iv., sub- sec, vii. (complaint of Ebenezer Erskine vs. the Synod of Harrisburg). The action of the Synod was declared unconstitutional, and the case remanded. [See sec. xcix. below. — 1874, p. 74.] [See also under sec. xcviii., " Of Appeals," where the same rule ap- plies. — M.~\ XCI. Either of the parties to a complaint may appeal to the next superior judicatory, except as limited by chap, xi., sec. iv., of the Form of Government. [New.] XCII. The judicatory against which a complaint is made shall send up its records, and all the papers relating to the matter of the com- plaint, and filed with the record ; and, for failure to do this, it shall be censured by the superior judicatory, which shall have power to make such orders, pending the production of the records and papers, and the determination of the complaint, as may be necessary to preserve the rights of all the parties. [New.] XCIII. If a case should be carried to an appellate judicatory by both appeal and complaint, the same shall be consolidated for trial, if deemed proper by the appellate judicatory. If the appeal be abandoned, the case shall be heard only on the complaint. [New.] The Same Matter may be the Subject both of Appeal and Com- plaint. The question was taken on sustaining the appeal and complaint (of the Second Presbytery of Philadelphia against the Synod of Philadelphia). A division being called for, the question was first taken on the complaint. Sustained by yeas 118, nays 57. The question was then taken on the appeal. Sustained, yeas 90, nays 81. — 1834, p. 431. Section IV. — Of Appeals. XCUV. An appeal is the removal of a judicial case, by a written representation, from an inferior to a superior judicatory ; and may be taken, by either of the original parties, from the final judgment of the lower judicatory. These parties shall be called Appellant and Appel- lee. [VII. iii. 1, 2,4, 17.] [Prior to the adoption of the Constitution of 1821, no distinction was made between an appeal and a complaint. The common form used was " We appeal and complain." Under this broad title any decision what- ever was carried by any parties from the lower judicatories to the higher. The Constitution of 1821 defined "an appeal" to be "the removal of a 692 OF DISCIPLINE. cause already decided, from an inferior to a superior judicatory by a party aggrieved. Under the term " cause " all cases of whatever character which had been the subject of a decision by an inferior judicatory were included. Hence under this section " Of Appeals " will be found many decisions of cases which, under the present Constitution, would be acted on only as complaints. They appear here because of the questions decided. See Digest of 1873, pp. 548-593.— 1/.] 1. The Death of the Appellee bars the Prosecution of an Appeal. The records of the Synod of New York were approved, except that, on p. 277, it appears that the Synod decided that the death of the Rev. Mr. Griffith should be no bar in the way of the prosecution of an appeal by his prosecutor from the decision of the Presbytery of Bedford, acquitting Mr. Griffith.— 1833, p. 400. [The right to appeal or complain is not affected by the approval of the minutes of the judicatory complained of. See above, sec. lxxii., iii., 5. — 1879, p. 613.— if.] 2. Appeals Limited to Judicial Cases. The complaint of A. D. Metcalf, etc., against the Synod of Virginia, for deciding that appeals may lie in cases not judicial, was taken up. The decision complained of, the reasons of complaint assigned by the com- plainants, and the whole record of the Synod in the case, were read. The complainants were heard in support of their complaint. The Synod were heard in defence of their decision. The roll was called, that each mem- ber of the Assembly might have an opportunity of expressing his opinion. After which the vote was taken, and the complaint was sustained. — 1839, p. 160, O. S. 3. Original Parties Only may Appeal; Others may Complain. a. The Judicial Committee reported a paper, signed by Dr. Cathcart and others, members of the Presbytery of Carlisle, purporting to be an appeal or complaint relative to a decision of the Synod of Philadelphia. The Committee gave it as their opinion that the subject could not be taken up on the ground of an appeal, because these persons were not one of the original parties, but that it might be taken up in the character of a complaint.— 1823, p. 69. b. Judicial Case No. 4 was resumed, the complaint and appeal of the Presbytery of Passaic against the Synod of New Jersey. It was Resolved, That the Assembly cannot entertain this case as one of appeal, inasmuch as it has not been made by one of the original parties. The case was then continued as a complaint. — 1861, p. 344, O. S. c. In the case of the appeal of Thomas H. Skinner et al. from the Pres- bytery of Cincinnati, the Committee recommend that, inasmuch as the so-called appellants were not an original party, they are not entitled to an appeal (Book of Discipline [Old], chap, vii., sec. iii., sub-sec. xvii.), and that, therefore, the case be dismissed. — Adopted 1877, p. 575. d. In the appeal of George Fishbach vs. The Synod of Illinois South, the case was dismissed inter alia, " because the appellant is not a party aggrieved." — 1874, p. 62. 4. "Who are Original Parties? — The Person Prosecuted and the Prosecutor. [See Book of Discipline, sec. x.] a. [In the case of Mr. Barnes] Mr. Barnes was heard in support of his WAYS IN WHICH A CAUSE MAY BE CARRIED. 693 appeal. Dr. Junkin, the original prosecutor, was heard in support of the charges until he finished. The Synod was heard by their committee in explanation of the grounds of their decision. — 1836, p. 260, etc. b. The appeal of "W. J. Frazer against the Synod of Illinois. The sen- tence appealed from, the appellant's reasons fqr appealing and the records of the inferior courts were read. Mr. Frazer, the appellant, and Mr. James Stafford, his prosecutor, who were the original parties, were heard. —1840, p. 288, O. S. c. The Person claiming to be aggrieved and the Judicatory appealed from. The parties in the case were then called, and E. J. Breckenridge was heard on behalf of Robert S. Finley. A question arose when he concluded, respecting the original parties, whether the Presbytery of Elizabethtown or the Synod of New Jersey should be regarded as the other party, upon which the moderator decided that the action of the Assembly in allowing James Hoge and Nathaniel Hewit to take the place of absent members of the committee appointed by the Synod of New Jersey, did virtually recognize the Synod as the party to be heard at this stage of the proceedings. — 1858, p. 291, O. S. 5. Members of the Judicatory trying- a Case are not Parties in the Case, and may not Appeal. a. The Judicial Committee also reported on judicial business No. 8, viz., the appeal of Dr. Joshua L. Wilson and others, against a decision of the Synod of Cincinnati, in the case of Dr. Beecher, that they have examined the same, and are of opinion that Dr. Wilson and others were not a party in the case, and consequently cannot constitutionally appeal ; and recom- mend that they have leave to withdraw their appeal. This report was adopted.— 1834, p. 432. b. An appeal of the Presbytery of Omaha against the decision of the Synod of Iowa, in the case of Dr. G. C. Morrill. This case originated in the Session of the Second church of Omaha, in which common fame was the accuser against Dr. Gilbert C. Morrill. After trial and judgment before the Session, it was carried, by appeal of the accused, to the Presby- tery of Omaha, from whose judgment it was again carried, by appeal of the accused, to the Synod of Iowa. The Synod remanded the case to the Session for a new trial, of which decision the Presbytery seeks a review by appeal to this Assembly. In the judgment of the Judicial Committee the Presbytery of Omaha is not one of the original parties to this case, and is therefore not compe- tent to bring it before the Assembly by appeal (Book of Discipline [Old], chap, vii., sec. hi., sub-sees. i. and xvii.). And they therefore recommend that the appellants have leave to withdraw their papers. — Adopted 1870, p. 27. 6. An Appeal may be made to the next Superior Judicatory by either of the Parties to a Complaint. [See Book of Discipline, chap, vii., sec. hi., sub-sec. xci.] 7. No Constitutional Provision for a Second Appeal. An appeal and complaint from Rev. E. Bailey Smith against the action of the Synod of New Jersey. It appearing that Mr. Smith had appealed from this same action to a former Assembly, the Committee are unable to perceive how this second appeal can be entertained. The Book of Disci- pline (Old) makes no provision for any such second appeal. Besides, even if such an appeal were allowable, the reasons for it in this ease were not 694 OF DISCIPLINE. lodged with the Assembly before the close of the second day of the ses- sions (as required by the Book of Discipline), and no new reasons are now assigned for it. It is, therefore, recommended that the appeal be dismissed. — Adopted 1876, p. 28. XCV. The grounds of appeal may be such as these : Irregularity in the proceedings of the inferior judicatory ; refusal to entertain an appeal or complaint ; refusal of reasonable indulgence to a party on trial ; receiving improper, or declining to receive important, testimony ; hastening to a decision before the testimony is fully taken ; manifesta- tion of prejudice in the conduct of the case; and mistake or injustice in the decision. [VII. iii. 3.] [In a majority of the cases cited below, it will be seen at once that under sec. xciv. they would be received only as complaints, not being judicial cases, or brought by " either of the parties to a complaint." They are cited here, however, because they contain valuable precedents — decis- ions which are not affected by the form in which they were brought. — If.] [Appeals have been Entertained and Issued for Causes Named.] 1. For Refusing- to Permit a Call. a. The unfinished business of yesterday, viz., an appeal from a decision of the Synod of Philadelphia, affirming a decision of the Presbytery of Carlisle, in which decision the Presbytery resolved not to put into his hands a call for the Rev. Henry R. Wilson, from the congregation of Car- lisle, being resumed and fully discussed, it was Resolved, That the decision of the Synod of Philadelphia be affirmed. And it was accordingly affirmed. — 1814, p. 548. b. The business left unfinished yesterday was resumed, viz., the consid- eration of the appeal of the Presbytery of Hudson from a decision of the Synod of New York and New Jersey, reversing a decision of said Presbytery, by which the Presbytery determined not to give leave to the congregation of Goodwill to prosecute before the Presbytery of New York a call which they had prepared for the Rev. William Gray, a member of that Presbytery. It was moved and seconded that the appeal of the Presbytery of Hud- son be sustained. After a full discussion of the subject, the question being taken on this motion, it was determined in the affirmative, and the appeal was therefore sustained. — 1817, p. 644. [See Form of Government (Appendix), chap, xv., sec. ix., 1875, p. 510.] 2. Against an Installation in the Face of a Protest. The commission to whom was referred Judicial Case No. 1, being an appeal by the minority of the church and congregation of Westfield from the judgment of the Synod of New Jersey, report : The appellants complained to the Synod of the action of the Presbytery of Elizabeth in installing the Rev. Alexander McKelvey as pastor of said church and congregation, in disregard of the protest of the minority. The Synod, at its annual meeting, held in Orange October, 1875, tried the appeal, with the following result of votes : to sustain the appeal, 39 ; not to sustain, 39 ; to sustain in part, 4. The moderator ruled that the votes to sustain in part should not be counted, thus rendering the vote of Synod a tie of 39 to 39. He then gave a casting vote not to sustain the appeal. The Synod then, for reasons stated, recommended that the Pres- WAYS IN WHICH A CAUSE MAY BE CARRIED. 695 bytery of Elizabeth use its influence to secure the dissolution of the pas- toral relation existing between Mr. McKelvey and the church and congre- gation of Westfield. Your commission decides that the appeal from the judgment of the Synod should be and is hereby sustained. The four votes to sustain in part should have been counted with those to sustain, and the Synod is directed to correct its record in this regard. (See Digest, p. 574.) In view of the fact that a very large and influential minority of the congregation of Westfield have, from the beginning, been opposed to the pastorate of Mr. McKelvey, and since it seems certain that harmony will not be restored under his pastorate, and since it is in evidence that many of the members of the Synod who voted not to sustain the appeal are of opinion that this pastoral relation should be dissolved, and in consideration of the fact that many of the acts of the Presbytery in the case have been hasty and irregular, the Synod of New Jersey is required and directed to enjoin the Presbytery of Elizabeth to dissolve, at as early a day as practicable, the pastoral relation of the Rev. Alexander McKelvey to the church and congregation of Westfield. — Adopted 1876, pp. 63, 64 ; 1877, p. 508. 3. Ag-ainst a Refusal to Obey the Superior Judicatory. An appeal from, and complaint against, a vote of the Synod of Phila- delphia, in the case of Mr. Hindman, was introduced before the Assem- bly through the Committee of Overtures, and read. It was as follows, viz. : It was overtured by the Presbytery of New Castle, that the Synod be requested to review the minute of their last meeting on the case of Mr. Hindman, and also to take into their consideration the conduct of Lewes Presbytery, in the affair of his licensure. The vote being put, grant their request or not? it was carried not. We, whose names are hereunto annexed, dissent from the aforesaid vote of Synod, and complain of and appeal therefrom, to the next General Assembly, for the following reasons: 1. Because, in our apprehension, the Synod have, by their vote in this affair, deprived aggrieved members of a privilege to which they have a just claim. 2. Because the Synod by this vote have, in our opinion, refused to correct the errors in their proceedings of last year, which were censured by the General Assembly, and which, in consequence of that censure, ought to be corrected. 3. Because the vote, as we believe, will, in its effects, tend to keep alive and increase uneasiness in the Presbyteries of New Castle and Lewes. 4. Because we believe that the whole transactions of the Synod of Phila- delphia, relative to this affair, have been in direct violation of a known and wholesome rule of the Synod of New York and Philadelphia, respect- ing the licensure of candidates, and contained in their Minutes of 1764, pages 78 and 80. And we likewise believe, that this violation has a tend- ency to promote irregularity, deception and injury, both among the churches and judicatures of the Presbyterian body.— 1792, p. 53. [This appeal was entertained and issued, see p. 56. The Synod was cen- sured, but the licensure complained of was confirmed, though declared to be irregular.] 4. Appeal for Refusing" to receive an Applicant. A complaint and appeal of the Rev. Thomas Ledlie Birch, against cer- tain proceedings of the Presbytery of Ohio, in the case of Mr. Birch, par- ticularly for refusing to receive him as a member of their body, on the 696 OF DISCIPLINE. ground of a supposed want of acquaintance with experimental religion. Subsequently the Assembly Resolved, That no evidence of censurable procedure in the Presbytery of Ohio, in the case of Mr. Birch, has appeared to this House, inasmuch as there is a discretionary power necessarily lodged in every Presbytery to judge of the qualifications of those whom they receive, especially with respect to experimental religion. — 1801, p. 218. The Assembly, having examined Mr. Birch, especially upon his acquaintance with experimental religion, Resolved, That they find no obstruction against any Presbytery to which he may apply taking him up and proceeding with him agreeably to the rules and regulations in this case made and provided. — 1801, p. 221. [In the next Assembly, Mr. Birch complained, inter alia, "that the Presbytery of Ohio rejected him in opposition to the decision and inten- tion of the General Assembly." — 1802, p. 246. This complaint was not sustained. — MJ] 5. Against an Order or Decision of a Judicatory. a. An appeal from the session of the Third Presbyterian Church of Phila- delphia from the decision of the Synod of Philadelphia, affirming a decision of the Presbytery of Philadelphia, in which decision the Presbytery re- quired said session within twenty days from the date of their decision, or after the final determination of the case, to convene the congregation for the purpose of electing a pastor, was determined in the affirmative. — 1814. p. 559. For the full minute of the decision, see Form of Government, chap, xiv., sec. i. b. [The Second Presbytery of Philadelphia appealed against and com- plained of the act of the Synod of Philadelphia, ordering it to be merged in the Presbytery of Philadelphia. Both appeal and complaint were sus- tained and the act of the Synod pro tanto declared void.] — 1834, p. 432. c. The Assembly took up the appeal and complaint of the Second Pres- bytery of Philadelphia in relation to the decision of the Synod of Phila- delphia dissolving them as a Presbytery. The final vote was taken, first on the appeal, which was sustained, and then on the complaint, which was also sustained. — 1836, pp. 273-276. 6. An Appeal will not lie against a Judicatory for Obeying the Order of its Superior. Appeal of Rev. Mr. Hummer against the Presbytery of Highland. The last General Assembly passed the following order, viz. : Overture No. 19. That the General Assembly would take action and give relief in the case of Rev. Michael Hummer, who, having been deposed by the Presbytery of Iowa, had been restored by the Presbytery of Highland against the remonstrance of the Presbytery of Iowa, just as if he was an independent minister. In answer, the Assembly declares that it is irregular and unconstitu- tional for any Presbytery to receive and restore a member of another Presbytery who had been deposed, and therefore the action of the Pres- bytery of Highland, in restoring Mr. Hummer, was improper ; and the Presbytery of Highland is directed to reconsider its action, and proceed according to the requirements of the Constitution. The report was adopted. The Presbytery of Highland adopted the following minute: Whereas, We believe that our action in the reception of Brother Hum- WAYS IN WHICH A CAUSE MAY BE CARRIED. 697 mer was unconstitutional ; and whereas, we have no choice, in view of the direct injunction of the General Assembly; therefore, Resolved, That we do now proceed to reconsider the action of this Pres- b} r tery, by which Mr. Hummer was received into this body. Resolved, That this action of Presbytery be understood as putting the case into the position it occupied previous to his reception. Resolved, That Presbytery earnestly advise Mr. Hummer to appeal once more to the Presbytery of Iowa to take up his case, in order that, in the event of their refusal to do him justice, he may appeal to the Synod, and thence, if necessary, to the General Assembly — which resolution w r as adopted. Against this proceeding Mr. Hummer appeals. But it appears that the Presbytery of Highland did nothing more than they were required to do by the General Assembly; that is to say, they reconsidered and set aside the action which the Assembly had declared "irregular," "unconstitutional," and "improper." In the judgment of the Committee, an appeal does not. lie in such a case, and they recom- mend that it be dismissed, and Mr. Hummer have leave to withdraw his papers. The report was accepted and adopted, and the case dismissed. — 1863, p. 35, O. S. 7. An Appeal Dismissed because no Evidence is presented to Sustain the Allegation. Appeal and complaint of certain persons claiming to be ruling elders of the church at Little Falls vs. the Synod of Albany. That they have examined the records and papers in said case; and although the appeal has been taken in proper form, and after due notice, yet, as there has been presented no evidence to sustain the allegations set forth as grounds of reversal, and as the allegations cannot therefore be tried by the Assembly, the Committee recommend that the said appeal and complaint be dismissed. Adopted. — 1861, p. 312, O. S. Also case of William McElwee vs. Synod of Toledo. — 1873, p. 509. 8. Appeal -will not Lie against a Refusal to Adopt a Paper or Determine a Constitutional Question in thesi. a. The Judicial Committee having had under consideration No. 1, the appeal and complaint of the Rev. Robert J. Breckinridge, D. D., and others, against a decision of the Synod of Philadelphia, on the quorum question ; and No. 2, the appeal and complaint of the Rev. R. J. Breck- inridge, D. D., and others, against a decision of the Synod of Philadel- phia, on the question of the imposition of hands in ordination, report, that in their opinion the Form of Government and Discipline of the Presbyte- rian Church do not authorize the appellants and complainants to bring before the General Assembly, either an appeal or complaint in the cases referred to. The report was adopted. — 1844, p. 366, O. S. [Against this a protest was entered, and the Assembly rejoin. See below, chap, ix., sec. iii., sub-sec. lxxxiii.] 9. Nor where the Judicatory acts within the Limits of its Power and Authority. The Special Committee, appointed to prepare a minute expressive of the sense of the Assembly in passing the vote in the case of the appeal of Silas Miller from the decision of the Synod of Illinois, recommended the adoption of the following minute: 88 698 OF DISCIPLINE. The Assembly, having heard the appeal of Silas Miller from the decis- ion of the Synod of Illinois, the sentence appealed from and the reasons assigned therefor, the whole record of the proceedings of the Synod in the case, including all the testimony and the reasons of their decision ; and having heard the original parties by their counsel, namely, the appellant, by his counsel, Rev. George I. King, D. D., and the session of the church of Tuscola, by the Rev. Edwin Black ; and having also heard the Rev. Livingston M. Glover, D. D., and others, members of the said Synod, in explanation of the grounds of their decision, and having carefully consid- ered said appeal and the reasons assigned therefor by the appellant, are of the opinion that there is no valid ground for the appeal, in that it does not appear that the Synod exceeded its power and authority in the prem- ises, or that it did any of the matters or things specified in chap, vii., sec. iii., paragraph 3, of the Book of Discipline (Old), as being proper grounds of appeal ; and therefore the Assembly do now order the appeal of said Silas Miller to be dismissed, and the decision of the Synod of Illinois to be confirmed.— 1867, p. 516, K S. [See also under chap ix., sec. iii., lxxxiii., of complaints.] 10. Nor where the Action -was Regular and Equitable. Case of M. A. Rockefeller, H. N. Waples, and M. E. Starick vs. the Synod of Harrisburg. These persons complain and appeal, because the Synod decided their case without hearing both sides fully, since their representative was absent on the last day of the hearing; and because of injustice, in that the Synod did not regard the embarrassments of their position, and the irregularity of the action of the session and the Presbytery, from which they appealed. The Committee learn from the records of the Synod, to which these ap- pellants refer, as their only testimony, that a full hearing was granted, their representative being heard as long as he desired to speak, and in his absence, after having addressed the Synod, another representative was permitted to serve in his place ; and all the provisions of the Book were granted the appellants. Moreover, the decision of the Synod, from which the appeal was taken, contained an injunction upon the Presbytery, to enjoin the session to invite these members of the Church to return to their duties and privileges in the Church, with the assurance that, if they would do so, the action against them should be annulled. The Committee, there- fore, fail to find ground for their complaint, for either of the reasons they specify, and recommend that the case be dismissed. Adopted. — 1873, p. 509. 11. Nor when the Appeal is Indefinite and General. An appeal of E. Bailey Smith from the decision of the Synod of New York, sustaining the decision of the Presbytery of Westchester deposing him from the gospel ministry. Your Committee report that, having con- sidered the appeal of E. Bailey Smith, they find the same to be indefinite and general in its character, presenting no specific statement of facts in support of the reasons assigned in the appeal, as cause of complaint against the act of the Synod. They, therefore, recommend that the appeal of E. Bailey Smith be dismissed. —Adopted 1875, p. 511. 12. The Assembly Refuses to Entertain Appeals where there is Assigned no Question of Doctrine or Law. [See Form of Government, chap, xii., sec. iv. ; Appendix, p. 521.] a. An appeal of J. H. Rogers from an action of the Synod of Illinois. WAYS IN WHICH A CAUSE MAY BE CARRIED. 699 Statement of the Case. — Mr. Rogers was suspended from church privi- leges by the Session of Prospect church, and, being dissatisfied with his sentence, appealed to the Presbytery of Peoria. The Presbytery declined to pass judgment upon the guilt or innocence of Mr. Rogers on the charges preferred, but decided that other conduct of Mr. Rogers, during the progress of his trial, justified his suspension. Mr. Rogers appealed to the Synod of Illinois from the decision of the Presbytery of Peoria, on the grounds — (a) That they should have pronounced him guilty or innocent of the charges preferred. (b) That the Presbytery should not have sustained the Session's sen- tence, which was not according to the indictment, but in condemnation of conduct and spirit indulged in during the progress of the trial. The Synod sustained the appeal of Mr. Rogers in both specifications as a whole, and remanded the case to the Presbytery, with instructions to find a definite judgment according to the evidence, and in a form prescribed by the law of the Church. Your Committee is not able to discover, in the action of Synod in favor of the appellant, or in the reasons assigned by the appellant, any question of doctrine or law, and, not regarding it within our province to pass judg- ment upon the merits of the case, we recommend — That the appeal be not entertained. — Adopted 1885, p. 642. b. An appeal of Rev. W. W. Campbell from an action of the Synod of Baltimore. Statement of the Case. — At the joint request of Mr. Campbell and the Grove church, under the care of the Presbytery of Baltimore, the pastoral relation existing between Mr. Campbell and the Grove church was dis- solved. The Synod of Baltimore sustained the action of the Presbytery. Your Committee is of the opinion that the case does not come under the rule determining the character of cases to be judged by the General Assembly, but should be left to the discretion and judgment of the lower courts. We therefore recommend that the appeal of Rev. Mr. Campbell be not entertained. — Adopted 1885, p. 643. c. An appeal of Rev. Samuel Storrs Howe from an action of the Synod of Iowa. Statement of the Case. — Mr. Howe complains that the Synod of Iowa refused his application for aid for a mission chapel and academy. This case is so evidently out of the province of the Assembly, and so manifestly a case to be decided by the discretion of the lower courts, and of the Boards from which aid is asked, that The Committee recommends that the appeal of Rev. Mr. Howe be not- entertained. — Adopted 1885, p. 643. XCVL Written notice of appeal, with specifications of the errors alleged, shall be given, within ten days after the judgment has been rendered, to the clerk, or, in case of his death, absence, or disability, to the moderator of the judicatory appealed from, who shall lodge it, with the records and all the papers pertaining to the case, with the clerk of the superior judicatory, before the close of the second day of its regular meeting next ensuing the date of his reception of said notice. [VII. iii. 5 j last clause new.] 700 OF DISCIPLINE. 1. Notice of Appeal, with Reasons in Writing, must be Given within Ten Days after Judgment. a. An appeal of Mr. Benjamin Bell from a decision of the Presbytery of Geneva, and also an appeal of Mr. Bell from the decision of the Synod of Geneva, were laid before the Assembly by the Judicial Committee. These appeals were both dismissed, on account of the judicatories, from whose decisions they had been taken, not having received due notice from Mr. Bell that he designed to prosecute them before this Assembly. — 1821, p. 25. h. The appeal of Mr. Charles Yale from a sentence of the Presbytery of Bath, deposing him from the gospel ministry, was taken up and dis- missed, because it appeared that Mr. Yale gave notice to said Presbytery that he should appeal to the Synod of Geneva, several days before he sig- nified his desire to the moderator of Presbytery to appeal to the General Assembly.— 1826, p. 187. c. Resolved, That the appeal [of certain pew owners of the First Pres- byterian Church in Troy] be dismissed, on the ground that the Synod has not had the constitutional notice of the reasons of the appeal. — 1828, p. 242. d. Appeal of George Fishbach dismissed because he did not file his reasons within ten days after Synod. — 1874, p. 62. 2. Evidence Required that Notice has been Given, a. The Judicial Committee, to whom was recommitted the appeal of the church of Bergen, made the following report, which was adopted, viz. : 'They recommend that said appeal be dismissed on the ground that the only paper which appears to be intended as an appeal, is without date or signature, or evidence that it was ever before the Synod of Genesee, or lodged with the moderator of said Synod. — 1830, p. 292. b. The Committee further reported No. 13, viz., complaint of John Cochran against the Synod of Philadelphia, and recommended that the complainant have leave to withdraw his papers, on the ground that the Committee have no evidence that notice of said complaint was given to the Synod.— 1834, p. 434. c. Protest and appeal of Rev. J. W. Martin against certain action of the Presbytery of Philadelphia North, with regard to the Hermon church, Frankford. The committee recommend that the protest and appeal be dismissed, for the reason that it does not appear that any notice of the same has been given to the Synod appealed from. — Adopted 1880, p. 68. A Synod Censured for Issuing an Appeal without Evidence of Notice. d. The records of the Synod of Utica were approved, with the following exceptions : 1. That the Synod issued an appeal from the inferior judicatory, when it appeared before them that an appellant had not given notice in writing that he should appeal, with his reasons assigned for appealing, as required by the Book of Discipline (Old), before the rising of the judicatory appealed from, or within ten days thereafter. 2. That the Synod violated the principles of the Constitution in quali- fying the members of the inferior judicatory to ascertain whether an appeal had been given, when the Book of Discipline requires that the appeal shall be lodged in the hands of the moderator; and further, that the inferior judicatory shall send authentic copies of all the records, and of all the testimony relating to the matter of appeal, up to the Synod, WAYS IN WHICH A CAUSE MAY BE CARRIED. 701 whose duty it is to issue the appeal, when found to be in order, and in accordance with the Book of Discipline. — 1840, p. 12, X. S. 3. When a New Trial is Granted by the Superior Judicatory, No- tice must be Given by the Appellant of his Intent to Prosecute. The appeal of Mr. Craighead from a decision of the Synod of Ken- tucky was taken up, and, being read, it appeared on inquiry that the Synod of Kentucky was not ready for trial, because Mr. Craighead had failed to give them notice that he intended to ayail himself of the privi- lege granted by the last Assembly, by prosecuting his appeal ; therefore, Resolved, That the further consideration of this appeal be postponed, and that Mr. Craighead be informed, that if he wishes to prosecute his appeal before the next General Assembly, he must giye notice of his intention to the Synod of Kentucky.— 1823, p. 92. 4. Failure of the Judicatory to Receive Notice does not Bar the Appellant. This Assembly are of opinion that Mr. Lowrey complied with the rule of the Book of Discipline, respecting the notice giyen, in the case of his appeal ; but as this notice appears not to have been received by the Synod, they were not censurable for not sending up the records. — 1824, p. 115. [In this case the Assembly satisfied itself that the notice was sent within the ten days after the rising of the judicatory.] 5. Leave to Show that Notice has been Given to the Judicatory Appealed from. On motion of E. P. Humphrey, it was Resolved, That the case be re- ferred to the next General Assembly with leave to appellants to show them that they gave the Synod notice for an appeal. — 1859, p. 540, O. S. 6. On Evidence of Notice the Case Reinstated. No reasons accompany the complaint, and there is no evidence that any notice of complaint was given to the Synod. Complaint dismissed and leave given to withdraw papers. — 1865, p. 542, O. S. [The next year the complainant above came before the Assembly by overture or memorial, when action was taken, as follows, viz.:] Also Overture Xo. 21, relating to an appeal of the Rev. L. R. Lock- wood, presented by his counsel, Rev. James Remington. This appeal against the Synod of Iowa, for not sustaining his appeal from the Presbytery of Dubuque, was dismissed by the last Assembly, on the ground that no reason accompanied the complaint, and there was no evidence that any notice of complaint was given to the Synod. Mr. Lock- wood now memorializes this Assembly, and alleges that the required notice of appeal was given to the Synod, and that he was then, and still is, pre- vented from attending the Assembly during its last and present sessions, and he asks that his appeal may be reinstated, and referred to the next Assembly for trial. The Committee recommend that his request be granted. He further asks that the Assembly direct the Presbytery of Dubuque to grant him a new trial, on the ground of new testimony. The Committee recommend that this application be referred to the Presbytery of Dubuque, to the end that it* the new testimony be found of sufficient importance to justify, that Presbytery may afford Mr. Lock- wood the relief he asks. But if, in their judgment, a new trial ought not 702 OF DISCIPLINE. to be granted, that then the appeal shall stand for trial on the record as now existing, before the next General Assembly. The report was adopted.— 1866, p. 72, O. S. XCVII. The appellant shall appear in person or by counsel before the judicatory appealed to, on or before the close of the second day of its regular meeting next ensuing the date of the filing of his notice of appeal, and shall lodge his appeal and specifications of the errors alleged, with the clerk of the superior judicatory, within the time above specified. If he fail to show to the satisfaction of the judicatory that he was unavoidably prevented from so doing, he shall be consid- ered as having abandoned his appeal, and the judgment shall stand. [VII. iii. 7, 1 1 ; largely amended.] [The first clause applies equally to complaints. .See chap. vn\, iii., lxxxvi. — M.~] 1. Personal Attendance of the Appellant is not Necessary. Personal attendance on the superior judicatory is not essential to the regular prosecution of an appeal. — -1822, p. 53. 2. The Appeal may be Prosecuted by Proxy. a. The complaint of Rev. Henry Davis against a decision of the Synod of Utica, was taken up, and dismissed on the ground that the complain- ant has not appeared to prosecute his complaint, nor any other person in his behalf.— 1834, p. 454. b. The complaints of Rev. G. Dirffield and W. R. de Witt were dis- missed on the ground that neither the complainants themselves, nor any person on their behalf, are present to prosecute those complaints. — 1835, p. 490 ; 1864, p. 313, O. S. ; 1865, p. 535, O. S. 3. In the Absence of the Appellant the Judicatory Assigns Counsel. a. The Judicial Committee brought before the Assembly an appeal of Mr. Newton Hawes from a decision of the Synod of Genesee, affirming his suspension from the ordinances of the church, which suspension had been determined by the church of Warsaw. Mr. Hawes not being pres- ent, Dr. Janeway and Mr. Phillips were appointed to defend and support his appeal.— 1823, p. 72. b. The Assembly took up the complaint against the Synod of Virginia by the Rev. Samuel Houston, and Rev. Samuel B. Wilson, reported by the Judicial Committee. The complainants did not appear, but a written communication, containing the reasons of their complaint, was laid before the Assembly. At the request of the complainants, Mr. Weed was appointed to manage their cause in their absence. — 1827, p. 210. [See, however, above, sec. xcvii. The appellant shall appear, etc. — M.] 4. In the Absence of Complainant, Complaint Dismissed and De- fendant Sustained. The Judicial Committee report Judicial Case, No. 3, being the com- plaint of E. N. Sawyer and others, against the decision of the Synod of Chicago, in the case of O. M. Hoagland, as being fallen from by the failure of the complainants to appear and prosecute their complaint. They, therefore, recommend that the complaint be dismissed, and that Mr. Hoag- WAYS IN WHICH A CAUSE MAY BE CAERIED. 703 land be considered as entitled to all his former rights and privileges in the church of Hopewell.— 1858, p. 276, O. S. 5. Case Continued on Satisfactory Reasons given. a. The Judicial Committee reported an appeal by Mr. James Taylor, from a decision of the Synod of Pittsburg, and that the communication of Mr. Taylor gave information that by reason of ill health he was unable to attend to prosecute his appeal before the present Assembly. Resolved, That Mr. Taylor have leave to prosecute his appeal before the next General Assembly. — 1827, p. 211. b. A complaint of Wm, M. Lively against a decision of the Synod of New York. Mr. Lively being unable, through sickness in his family, to attend at this time and prosecute his complaint, the Committee recom- mend, that agreeably to his request, his complaint be referred to the next General Assembly. This report was adopted. — 1851, p. 19, O. S. c. An appeal of Rev. M. Davis, from a decision of the Synod of Mem- phis, deposiug him from the office of the holy ministry. The appellant being unable, by reason of ill health, to attend the sessions of the present Assembly, and desiring, in consequence, the continuance of his cause until the next General Assembly. The report was adopted. — 1851, p. 19, O. S. 6. Dismissed as not Lodged in Time. a. The Committee report that the complaint of Geo. P. Strong and others, against the Presbytery of St. Louis, was not put into the hands of the clerk of the Assembly until the third day of its business, it is there- fore barred by the rule. It was dismissed. — 1863, p. 23, O. S. b. Also complaint of Dr. Alfred Nevin, against the Synod of Philadel- phia. The complaint did not come into the hands of the moderator of this Assembly until Monday, the fourth day of the sessions. It is there- fore barred by the rule. Dismissed.— 1863, p. 24. c. The Judicial Committee reported an appeal and complaint of Rev. Dr. John W. Martin, against the action of the Presbytery of Allegheny City, for alleged irregularity in dissolving a pastoral relation. Also an appeal and complaint of Dr. Martin, against the Synod of Alle- gheny, in reference to its approval of the minutes of the Presbytery al- leged to be defective. Also an appeal from the Synod of Southern Iowa, in the case of Robert Fulton, with the statement, in each of these cases, that the papers were not placed in the hands of the Assembly within the constitutional time; and, therefore, they recommended, that the appellants have leave to withdraw the papers. The report was adopted. — 1870, p. 106. d. The permanent clerk reported that a complaint had been put into his hands this morning, the ninth day of the session, from Mr. James Dick- inson, a ruling elder in the Church of Ripley, in the Presbytery of Buf- falo. Resolved, That inasmuch as this complaint was not presented within the constitutional time, the Assemblv do not receive it. — 1834, p. 429. [See also 1837, p. 480.] e. A complaint of Erwin Wheeler and A. Hallstraft, against the Pres- bytery of Des Moines, in the case of the Rev. Fisk Harmon. The papers in this case were not presented until the fourth day of the sessions of the Assembly, and they are also imperfect. The Committee recommend that the parties have leave to withdraw their papers. The recommendation was adopted. — 1872, p. 51. 704 OF DISCIPLINE. /. Case of Kobert Byers vs. the Synod of Illinois South. The papers in this case did not come into the hands of the Committee until the fourth day of the session, and after parties interested in it had left, having been told that no such papers had come before us within the time prescribed by the book, and we report no action in the case. — Adopted 1873, p. 509. 7. Right to Appeal Lost by Default of the Appellant. a. An appeal of John F. Severance from, and complaint of, a decision of the Synod of Cleveland, at their last meeting, at St. Clairsville, Ohio. As the matter involved was adjudicated more than two years ago, and the complainant suffered his right of appeal to be lost by default, and cannot now reclaim it, and as he also failed to appear and prosecute his case, as required by chap, vii., sec. iii., art. 11, of the Book of Discipline (Old), for which failure he has made no apology and given no reasons, the Com- mittee recommended that the case be dismissed. — Approved 1879, p. 589. b. The following resolution was adopted : Whereon, In Judicial Case No. 4, as reported by the Judicial Committee of 1878, and referred, by consent of parties, to this Assembly, being an appeal of Mrs. Anna B. Harris from a decision of the Synod of Missouri, no steps have been taken by the appellant to prosecute the appeal before this Assembly ; therefore, Resolved, That the case be dismissed. — 1879, p. 618. e. Complaint of Kev. Donald Fletcher against the Synod of Iowa North for its action taken October 7, 1879, in the matter of his com- plaint against the Presbytery of Waterloo. The Committee recommend that this complaint be dismissed, on the ground of the failure of the com- plainant to appear, either in person or by counsel, to prosecute it. — Adopted 1880, p. 68. 8. The Appellant must Furnish the Necessary Documents. a. The Judicial Committee reported that they had had under their con- sideration papers marked — Benjamin Bell's appeal, which purports to be an appeal from a decision of the Synod of Geneva ; but there has been laid before the Committee no copy of the decision appealed from, no ap- peal, nor reasons of the appeal, nor indeed anything but Mr. Bell's plea, intended by him to be laid before the Assembly; wherefore the Commit- tee requested to be discharged from further consideration of this case. The request of the Committee was granted, and they were accordingly discharged. — 1822, p. 45. b. The Judicial Committee reported that they had before them an ap- peal of Mr. Benjamin Bell, and requested that they be discharged from any further consideration of this appeal, inasmuch as Mr. Bell has pre- sented no documents but his plea, and no notice of this appeal is to be found on the records of the Synod of Geneva; and their request was granted.— 1823, p. 87. 9. Deferred in the Absence of Necessary Documents. Mr. Bourne's petition states a decision to have passed against him in the Lexington Presbytery, which by a supplementary paper, he says was on the 27th of December last, and contained a sentence of deposition, from which, on the next day, he gave notice to the Presbytery that he claimed an appeal to the General Assembly. By his affidavit, taken be- fore an alderman of this city, he further declares, that he, by the permis- sion of the Presbytery, transcribed the minutes of their proceedings ; that WAYS IN WHICH A CAUSE MAY BE CARRIED. 705 he afterward wrote in form what he denominates an appeal (meaning, it is presumed, his causes of appeal), and transmitted it to the clerk of the Presbytery with a demand of the copy of the records, and of that paper; but that he had received a letter from the clerk refusing to remove them from the post-office. By his petition, he asks to prosecute his cause before the Assembly, without having first brought his case before the Synod of Virginia; and that if such hearing cannot be granted him at present, that the Assembly will assign him a day. Whereupon, Resolved, 1. That inasmuch as the records of the Lexington Presbytery, the names of the parties to the suit, the charges made before them in writing against Mr. Bourne, the depositions of the witnesses, and other written documents, are not before the Assembly: and as every principle of equity forbids a process in the absence of documents so essential to its being rightly conducted — prayer for a hearing at this time cannot be granted.— 1816, p. 626. [The appeal was taken up and issued. — 1817, pp. 644, 646.] 10. "Where the Appeal was i i tli3 House in Season, the Rule is Virtually Complied "With. The chairman of the Judicial Committee stated to the Assembly that an appeal had been put into his hands from Duncan Hamilton and his wife, from a decision of the Synod of Pittsburg, which appeal had not been reported to the clerk of the house, and asked the direction of the Assembly in the case. On inquiry, it appeared this appeal was in the house in season ; and the persons to whom it was entrusted were not aware of the constitutional rule requiring that it be lodged with the clerk. Resolved, That, in the opinion of the Assembly, the rule has virtually been complied with. — 1830, p. 302. 11. The Rule Interpreted Liberally where due Diligence has been Used. That, in examining the papers and records in the matter so referred, your Committee find as follows : 1. That, although, in bringing the case before the General Assembly, there are some mistakes and omissions in the required forms of procedure, such has been the good faith and diligence of the complainant and such would be the manifest and irretrievable injury he must experience if his complaint be dismissed, that your Committee believe that, according to the spirit of our Book of Discipline (Old), the complaint is properly before this body. That, in proof of the good faith and diligence of the complainant, it appears, that he was advised, by one of the oldest members- of the Synod, to lodge his complaint in the hands of the stated clerk ; that, according to the certifying of the stated clerk, the complaint was directed to him within the time prescribed by the Book of Discipline ; and that the stated clerk of the Synod, when receiving the notice, believing it to be properly directed, neither informed the moderator of it, nor advised Mr. Todd of any mistake in its direction ; but informed other members of the Synod of the complaint, and finally put all the documents into the hands of the commission to this Assembly, to place them in due form before it. Your Committee are also assured, that Mr. Todd wrote to the stated clerk, two or three days previous to the opening of the Assembly, earnestly request- ing that the papers might not fViil of coming before the Assembly ; and, also, that he expressed the desire that, if his presence were necessary, he might be notified of it by telegram. — 1863, p. 278, N. S. S9 706 OF DISCIPLINE. 12. In the Absence of Records through the Non-attendance of the Commissioner, the Appeal Received and Referred. Dr. Musgrave, from the Judicial Committee, reported Case No. 3, being the appeal of Kev. C. J. Abbott against the action of the Synod of Mis- souri. The Committee reported as follows : The Committee are verbally informed, that this ease originated in the Presbytery of St. Louis, upon charges preferred by common fame against the appellant. The charges were sustained in the Presbytery, and on appeal to the Synod, were also sustained by the Synod of Missouri. The Committee were also verbally informed, that an appeal was taken from the action from the Synod, which in due course ought to have been presented to the last Assembly ; that the record was forwarded to the city of Philadelphia, but in consequence of the absence from that body of the commissioner to whose care the record was committed, it failed to be pre- sented ; and the appellant now asks that his appeal may be entered, and that it be referred to the next General Assembly for trial. The report was adopted, and the case referred to the next General Assembly.— 1862, p. 608, O. S. 13. Where the Appeal Failed to be Lodged in Due Time through Mistake of the Appellant, it was Entered and Referred. Also, Judicial Case No. 5, the appeal of Eev. John Turbitt from the decision of the Synod of Illinois, by which the action of the Presbytery of Peoria, in deposing the appellant, was affirmed. The Committee reported as follows : This appeal appears to have been regularly taken, but was not lodged with the clerk of this Assembly before the close of the second day's ses- sions. (See Discipline [Old], chap, vii., sec. iii., sub-sec. vii.) The Com- mittee have reason to believe that the appellant was under the impression that the present meeting of this Assembly was to be at Dayton, in this State, and by forwarding his papers to that place they were delayed, so that they were not received here until after the end of the fourth day's sessions. Under these circumstances, the Committee recommend that the appeal be docketed. And as it satisfactorily appears to the Committee that the appellant has been providentially hindered from attendance at this session, they further recommend that the case be deferred to the next Assembly for trial. ■ The report and recommendation were adopted. — 1862, p. 611, O. S. 14. "Where the Case is Continued at the Request of the Appellant, the Sentence Remains in Full Force until the Case is Issued. The Judicial Committee reported that a paper had been put into their hands, purporting to be a request from Mr. C. H. Baldwin, to the mod- erator of the Assembly, that his appeal from a decision of the Synod of Genesee be continued to the next General Assembly, and offering reasons for his failure to appear and prosecute it. It appears from the Book of Discipline (Old), chap, vii., sec. iii., article xi., that his case is regularly before us for reference to the next General Assembly, if his excuse for now failing to appear shall be deemed sufficient. The Committee recommend that the Assembly, in view of the reasons offered, and out of a desire to grant the appellant every reasonable indul- gence, continue his case agreeably to his request ; it being understood that the sentence of the Presbytery remain in full force against him till the case be finally issued, in accordance with the provisions of our Book of Discipline (Old), chap, vii., sec. iii., article xv. The report was adopted— 1858, p. 580, N. S. WAYS IN WHICH A CAUSE MAY BE CAKEIED. 707 15. Dismissed in Absence of Appellant, with Privilege of Renewal. a. The appeal of Dr. James Snodgrass against a decision of the Synod of Pittsburg was called up, and the appeal was dismissed on the ground that the appellant has not appeared, either in person or by proxy, to pros- ecute said appeal. The Assembly, however, give to Dr. Snodgrass the privilege of prose- cuting his appeal before the next General Assembly, if he can then show sufficient cause for its further prosecution. — 1832, p. 376. b. In regard to a future prosecution of his appeal, the appellant must present his case, with reasons for previous failure, before the next General Assemblv, whose province it will then be to decide upon the whole sub- ject.— 1850, p. 463, O. S. 16. "Where an Appeal has been Dismissed in Error, the Assembly grant a Restoration after a long Interval, -when Satisfied of the Error. The business left unfinished in the morning, viz. : the consideration of the report of the Committee to which had been referred the Rev. T. B. Craighead's letter, was resumed, and the report was adopted, and is as fol- lows, viz. : In the year 1811, an appeal from a decision of the Synod of Kentucky, by T. B. Craighead, accompanied by a letter from the same, was laid be- fore the General Assembly. But Mr. Craighead not appearing in person, to prosecute his appeal, permission was given by the Assembly, on the last day of their sessions, to the members of the Synod of Kentucky, who were present, to enter a protest against the prosecution of the aforesaid appeal, at any future time. This was supposed to be required by a standing rule of the Assembly. The appeal of Mr. Craighead was therefore not heard, and the sentence of the Synod of Kentucky was rendered final. It moreover appears, that the General Assembly of the year aforesaid, having adopted the protest of the members of the Synod of Kentucky as their own act, did declare that Mr. Craighead had been deposed, whereas, the decision of the Synod was suspension ; and, although the Synod did direct the Presbytery to which Mr. Craighead belonged, to depose him, if he did not, at their next stated meeting, retract his errors ; }'et this sen- tence could not have been constitutionally inflicted, because Mr. Craighead appealed from the decision of Synod, the effect of which was to arrest all further proceedings in the case, until the appeal should be tried ; there- fore the sentence of the Assembly declaring Mr. Craighead deposed, does not accord with the sentence of the Synod, which was suspension. From the above history of facts, your Committee, while they entirely dissent from many of the opinions contained in Mr. Craighead's letter, and consider its publication before it was presented to the Assembly indecorous and improper, are of opinion, that he has just ground of complaint in re- gard to the proceedings of the General Assembly of 1811 in his case, and that the construction put on the standing rule of the Assembly was not correct; for personal attendance on the superior judicatory is not essential to the regular prosecution of an appeal. Moreover, the sentence of the Assembly, being founded in error, ought to be considered null and void, and Mr. Craighead ought to be considered as placed in the same situation as before the decision took place, and as possessing the right to prosecute his appeal before this judicatory. Ordered, that the stated clerk forward to Mr. Craighead a copy of the foregoing minute. — 1822, p. 52. 708 OF DISCIPLINE. 17. The Original Rule as to Abandonment of an Appeal. On motion, Resolved, That in case of an appeal or complaint entered in an inferior judicatory to a superior, if the appellant or appellants do not appear at the first meeting of the superior judicatory, protest may be admitted, at the instance of the respondents, at the last session of such meeting, that the appeal is fallen from, and the sentence so appealed from shall be considered as final. — 1794, p. 39. See 1791, p. 45. a. A Case of Thomas B. Craighead. The Committee to which was referred the letter and appeal of the Kev. Thomas B. Craighead, reported that, after having carefully attended to the duty assigned them, they did not discover any sufficient reason why he has not come forward to prosecute his appeal before the Assembly, nor why his case should not now be brought to issue ; and therefore recommend that the representation from the Synod of Kentucky be permitted, if so disposed, to enter their protest in proper time against a future prosecution of his appeal, and thus give effect to a standing order of the General As- sembly, that the sentence of the Synod be considered as final. Resolved, That the foregoing report be accepted, and that Mr. Craig- head be furnished with an attested copy of this decision in his case. The members of the Synod of Kentucky brought forward their protest, which being read, was accepted, and is as follows : The Rev. Thomas B. Craighead having appealed to the General Assem- bly from a decision of the Synod of Kentucky, made in the month of Octo- ber last, by which decision the said Synod directed the Presbytery of Tran- sylvania to depose the said Thomas B. Craighead from the gospel minis- try, which was done accordingly, and whereas the said Mr. Craighead has not prosecuted his appeal to the General Assembly, and the subscribers, members of the Synod of Kentucky, have waited till the last day of the sessions of the Assembly, to afford opportunity for the prosecution of said appeal ; we do, therefore, now protest, in our own name, and on behalf of the Synod of Kentucky, against the future prosecution of said appeal, and declare the sentence of the Synod final, agreeably to a standing order of the General Assembly. — Adopted 1811, p. 481. b. From the records of the Synod of Kentucky, it appeared that Guern- sey G. Brown had appealed from a decision of that body in his case to the General Assembly. As Mr. Brown has not appeared to prosecute his appeal, and the commissioners from the Synod of Kentucky required that his absence may, according to a rule of the Assembly on the subject, pre- clude him from a future hearing ; therefore, Resolved, That Guernsey G. Brown be considered as precluded from prosecuting his appeal. — 1821, p. 30. c. The appeal of Benedict Hobbs from a decision of the Synod of Ken- tucky was taken up, and the appellant not being present to prosecute his appeal, it was dismissed, and the sentence of the inferior court affirmed. d. The appeal of Chloe G. Giles, from a decision of the Synod of Utica, was taken up, and the appellant not being present to prosecute her appeal, it was dismissed, and the sentence of the inferior court affirmed. — 1834, p. 452. e. An appeal of Mr. Thomas Davis from a decision of the Synod of Memphis. The committee recommended the following action in this case — viz. : Whereas, Mr. Thomas Davis has failed to appear before this Assembly to prosecute his appeal from the Synod of Memphis ; therefore, Resolved, In accordance with the rule of the Book of Discipline (Old), in this case provided, that his appeal be dismissed from the further atten- tion of this body.— 1852, p. 212, O. S. ; 1861, p. 304, O. S. WAYS IN WHICH A CAUSE MAY BE CARRIED. 709 XCVIII. Neither the appellant, nor the members of the judicatory appealed from, shall sit, deliberate, or vote in the case. [VII. iii. 12.] [See also chap, ix., sec. iii., sub-sec. xc] 1. The Moderator, being a Member of the Judicatory Appealed from, will not Sit. a. Resolved, That no minister belonging to the Synod of Philadelphia, nor elder who was a member of the judicature when the vote appealed from took place, shall vote in the decision thereof by this Assembly. The moderator, being a member of the Synod of Philadelphia, with- drew, and Dr. McKnight took the chair. — 1792, p. 56. b. The appeal of Mr. Pope Bushnell was resumed. The moderator being a member of the Synod appealed from, Mr. Jennings, the last mod- erator present, took the chair. — 1826, p. 184. c. Judicial Case No. 1 was taken up. The moderator being a party in the case, vacated the chair, and on motion, Dr. Krebs was requested to act as moderator during the trial of the case. — 1866, p. 48, O. S. d. The moderator, on the ground of his being a member of the Synod complained of, voluntarily relinquished the chair, while this case should be pending.— 1852, p. 164, R S. 2. An Interested Party should not Sit on a Trial. The records of the Synod of Genesee were, on recommendation of the Committee, approved, with the following exception : Of a decision of the moderator, recorded on page 151, that a member of a Synod, who might be interested in a case under trial, cannot be challenged ; which decision is unconstitutional, and ought to be reversed by that Synod. — 1846, p. 20, 3. Members of the Judicatory Appealed from may not Vote. a. The Synod of Mississippi acted unconstitutionally in permitting the Presbytery of Louisiana to vote on the adoption of the report of the Judicial Committee on the complaint of Rev. Mr. Smylie. — 1850, p. 481, O. S. b. The action of the Synod of Harrisburg in the complaint of Ebenezer Erskine declared irregular and unconstitutional, inter edict, " 3. Because the Presbytery of Carlisle was allowed to vote in the case, contrary to the Book of Discipline (Old), chap, vii., sec. iv., sub-sec. vii." — 1874, p. 74. 4. Members of a Judicatory Appealed from may Speak on Post- ponement. Appeal and complaint of P. S. Finley, etc., against the Synod of New Jersey. A motion was made by James Hoge to postpone the trial of this cause to the next General Assembly. This motion was discussed at length, the moderator deciding, in the course of the discussion, that the members of the Synod of New Jersey might speak on such a motion. — 1858, p. 291, O. S. 5. An Elder Belonging to the Judicatory Appealed from, though not a Member of the Judicatory when the Case was Issued, may not Sit. A question was raised by Mr. Cunningham, an elder from the Synod of Philadelphia, who was not a member of Synod at the meeting at which the case of Mr. Barnes was tried and issued, whether he has a right to 710 OF DISCIPLINE. vote in this case in the Assembly. After some discussion, the moderator decided that Mr. Cunningham, and any other members of the Assembly from that Synod similarly situated, have a right to vote in the Assembly. From this decision of the moderator an appeal was taken, when, by a vote of the Assembly, the decision of the moderator was not sustained, aud it was decided that Mr. Cunningham, and others similarly situated, have no right to vote on the case in the Assembly. — 1836, p. 265. 6. Ministers who have been Dismissed to other Bodies before the Action Complained of are not Excluded. A motion was made that Dr. Skinner and Mr. Dashiell, who, at the time the trial was commenced in the Second Presbytery of Philadelphia, were either not dismissed from that body, or had not yet connected them- selves with any other, though they did not meet with the Presbytery, and before the meeting of the Synod were members of other Presbyteries, should not sit in judgment in the case of Mr. Barnes. This motion was decided in the negative. — 1836, p. 266. 7. A Case is Remanded where Members of the Judicatory Ap- pealed from Act in their own Case. Second and third. Cases of Mr. Jefferson Eamsey and Rev. Andrew B. Cross vs. the Synod of Baltimore. The persons named appeal from a decision of the Synod, by which a complaint of Mr. Ramsey against the Presbytery of New Castle, and one of Mr. Cross against the Presbytery of Baltimore, were dismissed as hav- ing no ground, on report of the Judicial Committee of the Synod. Your Committee learn from the records of the Synod that one clergy- man and one layman respectively from each of these Presbyteries were members of the Judicial Committee : that the moderator of the Synod was a member of the Presbytery of New Castle, and the moderator, pro tern., who was in the chair at the time of the action complained of, w°a a member of the Presbytery of Baltimore ; that the case was not stated in any form to the Synod, but when the Judicial Committee reported, in each case, that there was no ground of complaint, their report was adopted un- der the call for the previous question. From all these facts, the Commit- tee are of opinion that the cases should be readjudicated by the Synod of Baltimore, and so recommend to the Assembly. Adopted.— 1873, p. 508. XCIX. When due notice of an appeal has been given, and the ap- peal and the specifications of the errors alleged have been filed in due time, the appeal shall be considered in order. The judgment, the no- tice of appeal, the appeal, and the specifications of the errors alleged, shall be read; and the judicatory may then determine, after hearing the parties, whether the appeal shall be entertained. If it be enter- tained, the following order shall be observed : ( 1 ) The record in the case, from the beginning, shall be read, except what may be omitted by consent. (2) The parties shall be heard, the appellant opening and closing. (3) Opportunity shall be given to the members of the judicatory appealed from to be heard. WAYS IN WHICH A CAUSE MAY BE CARRIED. 711 (4 j Opportunity shall be given to the members of the superior judi- catory to be heard. (5) The vote shall then be separately taken, without debate, on each specification of error alleged, the question being taken in the form : " Shall the specification of error be sustained ? " If no one of the specifications be sustained, and no error be found by the judicatory in the record, the judgment of the inferior judicatory shall be affirmed. If one or more errors be found, the judicatory shall determine whether the judgment of the inferior judicatory shall be reversed or modified, or the case remanded for a new trial ; and the judgment, accompanied by a recital of the error or errors found, shall be entered on the record. If the judicatory deem it wise, an explanatory minute may be adopted which shall be a part of the record of the case. [VII. iii. 8-10, largely amended.] [Section lxxxvii. provides that "in cases of complaint involving a judicial decision, proceedings in an appellate judicatory shall be had in the order and as provided in sec. xcix., chap, iv., entitled " Of Appeals." For decisions as to due notice of appeal, and the filing of the appeal and specifications in due time, see under sec. xcvi. above ; also under sec. lxxxiv. of complaints. Under the former book it was held by many that when an appeal or complaint was " found to be in order " it must necessarily be tried. The Assembly of 1874, p. 74, decided " that the action of the Synod of Har- risburg in dismissing, without trial, the complaint of the Kev. Ebenezer Erskine against the Presbytery of Carlisle, is hereby declared irregular and unconstitutional, for the following reasons : 1. Because the Synod dismissed the case without trial, after having admitted that the papers were in order." See below, sec. xcix. On the other hand, appeals and complaints found to be in order have been dismissed for reasons assigned, e. g., case of Mr. Smylie, 1847, O. S., p. 385 ; below, sec. xcix. 3, 1874, p. 62 ; because the decision of another case covered the one presented, 1872, p. 62. 1878, p. 117. The complaint of the Rev. Drs. N. West and Thomas H. Skinner against the Synod of Cincinnati : The papers are found in order, and an order of trial adopted. But, p. 117, leave was given the com- plainants to withdraw their complaints, " the ground of said complaint having been virtually covered by the report of the Committee on the records of the Synod of Cincinnati." 1881, p. 586. Complaint of the Rev. Arthur Crosby vs. the Synod of Long Island. The Committee (Judicial) find the papers in order, but recommend that the complaint be dismissed, for reasons assigned. See above, under sec. lxxviii. 7, b. 1881, p. 588. Appeal of the Rev. Harlan P. Peck from the Synod of the Columbia. The Judicial Committee report the papers of the appel- lant in order, and recommend that the appeal be sustained and the action of the Synod set aside, for the following reasons— viz. : 1. No formal minute of the action of the Synod was entered upon its records and no reasons for its action given. 2. The investigation, having been entered upon by the Presbytery on its, own motion, was under its control and could be lawfully discontinued 712 OF DISCIPLINE. with the consent of the accused, if, in the judgment of the Presbytery, its further prosecution would be useless, or injurious to the Church. — Adopted 1881, p. 588. Under the present rule the judicatory, after hearing the parties, may determine whether the appeal shall be entertained. — If.] XCIX. When due notice of an appeal has been given, and the ap- peal and the specifications of the errors alleged have been filed in due time, the appeal shall be considered in order. The judgment, the notice of appeal, the appeal, and the specifications of the errors alleged, shall be read; and the judicatory may then determine, after hearing the parties, whether the appeal shall be entertained. If it be enter- tained, the following order shall be observed : (1) The record in the case, from the beginning, shall be read, except what may be omitted by consent. 1. In the Absence of Records, the Decision of the Appeal should be Suspended.— Parol Evidences will not Supply the Place of the Records. In the case of Samuel Lowrey (see 1823, p. 92) it appeared on inquiry that neither the records of the Synod of Ohio nor the records of the Pres- bytery of Miami were brought to the Assembly ; but as the delegates be- longing to the Synod admitted it to be a fact, as stated in Mr. Lowrey's appeal, that the Presbytery of Miami did appoint a special session, com- posed of elders belonging to different congregations, for the purpose of trying Mr. Lowrey, and that the decision of such a special session was affirmed by the Synod of Ohio ; therefore, Resolved, That the appeal of Mr. Lowry be sustained, and it hereby is sustained.— 1823, p. 92. Against this decision the Synod of Ohio memorialized the Assembly and the Assembly inter alia declare — This Assembly are of opinion that the correct mode of proceeding for the last General Assembly, would have been, to have suspended a decision on the appeal, until the records of the inferior judicatories should have been present, because the rules in our Form of Government prescribe, that before a judgment is given, all the proceedings of the inferior judicatories in the case should be read, and it is a sound maxim, generally admitted in courts of justice, that the best evidence which the case admits of should be required, which, in all trials, is undoubtedly the record of the judicatory. But while they entertain this opinion of the mode of proceeding, they be- lieve that the decision of the last General Assembly was substantially cor- rect, and was not different from what it would have been if they had had all the proceedings of the inferior judicatories before them : for the fact on which they founded their judgment, has been fully confirmed to this Assembly, by the records which have been read in the discussion of the case.— 1824, p. 115. 2. Reading of the Documents by Consent Dispensed with. The Assembly entered on the consideration of the two appeals of the Rev. Robert B. Dobbins, from the decision of the Synod of Kentucky, in the cases of the Rev. William L. Maccalla, and the session of the church of Augusta. The Rev. Dr. E. S. Ely appeared in behalf of Mr. Dobbins. WAYS IN WHICH A CAUSE MAY BE CARRIED. 713 The parties were heard until they declared themselves satisfied (the facts having been admitted by them, and the reading of the documents by con- sent dispensed with). The roll was then called, that the members of the Assembly might express their opinions on the subject ; after which Drs. Wylie, M'Dowell and Leland were appointed a committee to prepare a minute on the subject. — 1824, p. 120. 3. Certified Copies Distributed by Consent. a. Appeal of the Rev. Isaac M. See from a decision of the Synod of New Jersey. This is in order. The papers are present in pamphlet form, certified by the stated clerk of the Synod to be correct, and accepted by the appellant. A copy of this pamphlet will be furnished to each member of the Assembly, and the Committee recommend that this distribution be in place of reading the records. — Adopted 1878, p. 22. b. Appeal of the Rev. John Miller from a decision of the Synod of New Jersey. The whole proceedings of the Synod in the case are in print, certified by the stated clerk, and will be distributed among the members of the Assembly. The Committee recommend that this distribution be in place of the reading of the records, all parties having consented thereto ; that the order of procedure in the argument be as laid down in the book, the appellant having the right to close, but not to introduce new matter ; and that the time allowed for argument by the parties do not exceed four hours, to be divided equally. — Adopted 1878, p. 28 ; also pp. 32, 53. 4. The Hearing of a Voluminous Case Declined.— The Case Termi- nated by the Assembly without further Trial. Od the complaint of the Rev. Mr. Smylie, in the case of the Rev. Dr. Scott, the Assembly adopted the following report of the Judicial Com- mittee : There are three ways in which this complaint might be disposed of. 1. The Assembly might take it up, wade through the testimony, re- ceive the new testimony that it is understood the complainant wishes to offer to decide the case. But against this course, besides other difficulties, it may be mentioned as a very serious one, that the bare reading of the records of the Presbytery would consume four or five days. 2. Another mode might be adopted, by referring the case for reconsid- eration to the Presbytery of Louisiana, who might be directed to take any new testimony that should be properly offered. 3. Or the General Assembly might remand the case to the Synod of Mississippi, to hear the complaint, and dispose of it in a regular and con- stitutional manner. This, it is deemed, would be the wisest course. But, were either of these modes adopted, it would require a great con- sumption of time, and subject the judicature that might adjudicate on the case to great inconvenience, and no inconsiderable expense ; and instead of resulting in practical good, might produce great excitement, and conse- quences injurious to the peace and edification of an important section of our Church. The testimony is so voluminous, that to form a correct judgment on it, would require a retentive lhemory, patient attention, dili- gent comparison of its several parts, as well as a discriminating mind. It is to be regretted that the Presbytery sanctioned by their authority the publication of the speeches on both sides of the question. The Committee after carefully deliberating on the subject were unani- mously of the opinion that if the case could be disposed of, consistently 90 714 OF DISCIPLINE. with the rights of Mr. Smylie, without remanding it to either of the in- ferior courts, and without the Assembly's adjudicating on it, all the ends of justice would be gained, and the peace of the Church would be pro- moted. They therefore invited Mr. Smylie to a friendly interview, in which they expressed their opinion, and he stated his views. He did not concur with the Committee in regard to the probable consequences of the case being remanded to the Synod or the Presbytery; and stated that in prosecuting his complaint he w T as influenced by no personal feeling against Dr. Scott, but by a desire that truth might be sustained, justice done to all concerned, and the Constitution of our Church upheld ; but if the Com- mittee would, without his concurrence, assume the responsibility of recom- mending to the General Assembly to terminate the case without any fur- ther trial, and the Assembly should determine to adopt this as the wisest way of terminating it, he would submit, and feel that he had discharged a duty, which, while it was troublesome and painful, had put him to no in- considerable expense. It is due to the Rev. Mr. Smylie to say, that the Committee believe, that in prosecuting his complaint, he has been prompted by a sense of duty and a regard to the Constitution of our Church, and governed by what he deemed its purity and best interests required. The Committee recommend to the Assembly the adoption of the follow- ing resolution : Resolved, That in view of the representation of the case given in the above statement by the Judicial Committee, of the voluminous nature of the testimony, and of the difficulties attending the case, and believing that the interests of the Church will be best promoted by adopting the course recommended by the Committee, and being willing to assume the responsi- bility of acting accordingly, this General Assembly do hereby terminate this unhappy case without any further judicial trial. — 1847, p. 385, O. S. 5. Matters Foreign to the Issue may by Consent be Omitted in the Reading. a. Resolved, That in reading the minutes of Lexington Presbytery, the names of the voters in calling the yeas and nays be omitted, unless called for by one or other of the parties litigant ; and that the proceedings of Presbytery, in reference to other matters foreign to the issue before us, be also omitted, unless called for sj)ecially by one of the parties. — 1848, p. 30, O. S. b. The Assembly then proceeded to take up the business, according to the recommendation of the Judicial Committee. After the usual admon- ition, read from the Book, to the members in their judicial capacity, the papers were read, according to the constitutional order; and after all the papers presented by the Committee had been read, a recess was taken for half an hour. After the recess, George Howe moved that the whole records of the Presbytery in relation to the case now before the Assembly be read. This motion was carried, and the minutes of the Presbytery of Eliza- bethtown were accordingly read, in everything pertaining to the case, until it was carried by appeal to Synod of New Jersey ; the moderator deciding that any subsequent record should not be read. — 1858, p. 291, 6. s. WAYS IN WHICH A CAUSE MAY BE CARRIED. 715 6. Documents not Read may be used in Pleading-.— In a Case •without an Individual Prosecutor, the Appellant the only- Original Party. In the appeal of Alexander Frazer, against the Synod of Buffalo, the course required in the Book for conducting appeals was then pursued ; and at the third stage of the proceedings, a question having arisen as to the reading of certain printed pamphlets as a part of the evidence, it was Resolved, That in the judgment of the Assembly it is not necessary to read the pamphlets in extenso, but counsel can make such use of them as they see fit in the course of their argument. — 1859, p. 542, O. S. The original parties being called for, the moderator decided that the case having arisen without an individual prosecutor, there was but one original party before the court, who was now to be heard by A. G. Hall and J. Bliss, representing him. — 1859, p. 543, O. S. The moderator ruled that the fifth stage of the proceeding was to hear any member of the Synod of Buffalo, present as a commissioner. An ap- peal was taken from the decision of the moderator, but was not sustained. — lb. 7. Reasons Assigned by an Appellant must be Recorded. — They must be Couched in Decent and Respectful Language. Overture No. 6, from certain ministers and ruling elders, requesting the Assembly to decide whether the -clause in the Book of Discipline (Old), chap, vii., sec. iii., sub-sec. viii., " and which are on record," requires that these reasons are to be spread on the book of the minutes of the court appealed from, or whether they may be considered as on record when sim- ply on file. And if said clause requires the reasons to be spread on the minutes, whether the judicatory has authority to require that the reasons be couched in decent and respectful language, and contain no offensive reflections or insinuations against the judicatory, as in the case of dissent and protest. Recommended that this Assembly decide, first, that the reasons must be spread on the minutes ; second, that the question respecting the language be answered affirmatively. The recommendation was adopted. — 1862, p. 596, O. S (2) The parties shall be heard, the appellant opening and closing. (3) Opportunity shall be given to the members of the judicatory appealed from to be heard. (4) Opportunity shall be given to the members of the superior judi- catory to be heard. 8. Case Remanded for New Trial because the Original Parties had not been Heard Complaint and appeal of the Presbytery of Passaic against the Synod of New Jersey [not entertained as an appeal because not made by one of the original parties. See Discipline (Old), chap, vii., sec. iii., sub-sec. xvii.] continued as a complaint. Resolved, That the case be returned to the Synod for a new trial, if a new trial be required. 1. Because it appears from the record of the Synod that the original parties in the case were never heard by them, the original parties, in the judgment of the Assembly, being Mr. William B. Guild and the Commit- tee prosecuting for common fame. 716 OF DISCIPLINE. 2. Because the reasons for the decision of the Synod were not recorded according to the requisition in chap, iv., sec. xxiii., Book of Discipline (Old).— 1861, p. 344, O. S, [See also under sec. xxiv., above. — 1881, pp. 587, 588, and 1874, p. 74.] 9. Case Issued where no Person Appears on Behalf of the Respondent. The Assembly took up the complaint of the minority of the Synod of Kentucky, against a decision of the majority of said Synod, in the case of Mr. Benedict H. Hobbs. The decision complained of, the complaint and the proceedings of the several judicatories in the case were read. The complainants were then heard ; no persons appeared on the part of the Synod. After due consideration, the following resolution was adopted — viz. : That the complaint be, and it is hereby sustained, and the judgment of the Synod is reversed. — 1831, p. 342. (5) The vote shall then be separately taken, without debate, on each specification of error alleged, the question being taken in the form : " Shall the specification of error be sustained ?" 10. The Pinal Vote must be Taken. Inasmuch as the Synod of Indiana did not take an express vote on sustaining the appeal of Mr. Harne , and the sentence on record is vague and inconsistent with itself, that the whole case be remitted to the said Synod, with an injunction to them to reconsider the case, and pass a defi- nite, precise and just sentence. — 1837, p. 480. 11. It is taken Separately on each Charge. The business left unfinished yesterday was resumed, viz., the trial of Mr. Bourne's appeal from the decision of the Presbytery of Lexington, by which Mr. Bourne was deposed from the gospel ministry, and the fol- lowing resolution was again brought before the Assembly, and being amended, and fully discussed, was adopted, viz. : Resolved, That the appeal of Mr. Bourne be dismissed, and that the decision of the Presbytery of Lexington, declaring him deposed from the gospel ministry be, and it is hereby confirmed, on the first, second, third, fifth and sixth charges. The vote was taken separately on each of these charges, and was de- clared in the affirmative. — 1818, p. 682. [Many of the cases which follow come under the head of complaints, but the same rules apply in each case. See sec. lxxxvii. — M.] I. THE DECISION MAY CONFIRM THAT OF THE LOWER JUDICATORY. If no one of the specifications be sustained, and no error be found by the judicatory in the record, the judgment of the inferior judicatory shall be affirmed. 1. a. 1814, pp. 559, 560, Form of Government, chap, xv., sec. i., p. 403, ante b. 1868, p. 648, O. S., F. G., chap, xvii., pp. 420, 421, ante. c. 1863, p. 36, O. S., F. G., chap, x., sec. viii., p. 172, ante; also 1864, O. S., pp. 327, 328, p. 174, ante. WAYS IN WHICH A CAUSE MAY BE CARRIED. 717 d. 1872, pp. 15, 75, 80, F. G., chap, xiii., sec. ii., 13 ; a, b, e, ante, pp. 344, 345. e. 1859, p. 546, O. S., Book of Disc. (Old), chap, i., sec. iii., case of Alexander Fraser vs. the Synod of Buffalo ; and b, case of Alexander Gordon vs. the same. — Digest, 1873, p. 567. /. 1866, p. 74, O. S., Book of Disc. (Old), chap, v., sec. 5., case of Samuel Boyd. In this case it was held that the appellant, not having objected to alleged informalities at the time of trial, " had waived all informalities in the proceedings antecedent to trial." — lb., p. 521. g. The commission in the case of appeal of the Rev. L. R. Lockwood from the judgment of the Synod of Iowa, affirming the judgment of the Presbytery of Dubuque suspending the appellant from the gospel ministry, recommend that the appeal be not sustained, and that the judgment of the lower courts be affirmed. — 1867, p. 347, O. S. h. Appeal of the Rev. I. M. See vs. the Synod of New Jersey. Judg- ment of the Presbytery and Synod affirmed. See under Form of Gov- ernment, chap, xii., sec. v., Appendix, pp. 525, 526. — 1878, pp. 102, 103. Also appeal of the Rev. John Miller vs. the Synod of New Jersey. The General Assembly confirms the action of the Synod of New Jersey, which approves the resolution unanimously adopted by the Presbytery of New Brunswick, suspending him from the ministry of the Presbyterian Church. See Form of Government, chap, xii., sec. v., Appendix, pp. 524, 525. — 1878, p. 98. i. Appeal of Addison Bancroft and R. W. Stewart vs. The Synod of Philadelphia. Sustained the Synod. — 1878, p. 41. j. Appeal of Walter Bradshaw vs. The Synod of New York. Synod sustained. — 1885, pp. 593, 594. For case, see Form of Government, Ap- pendix, chap, ix., sec. vi., par. 17, b, p. 484. 2. In Confirming the Decision, the Assembly Directs that if a New Trial as Ordered be not Instituted within Six Months the Decis- ion shall be Final. And, therefore, the Assembly do now order and direct that the appeal of the said Silas Miller be dismissed, and the decision of the Synod of Illinois be confirmed ; and the Assembly further order and direct that, if the session of the church of Tuscola do not, within six months from the date hereof, refer the case to the Presbytery of Wabash for a new trial, in accordance with the decision of the Synod of Illinois, then the decision of the said Synod sustaining the appeal shall become absolute and final, and the said Silas Miller shall be thereupon restored to all the rights and privileges which he had and enjoyed as a member of the church of Tuscola, and from which he was suspended by the judgment and sen- tence of said church.— 1867, p. 517, N. S. [See under chap, viii., sec. lxix., above, case of appeal of Andrew Gwinn. — 1823, p. 90. Decision confirmed because the new testimony offered " did not in any important respect change the aspect of his case." — J/.] II. THP; DECISION MAY EEVERSE THAT OF THE LOWER JUDICATORY. If one or more errors be found, the judicatory shall determine whether the judgment of the inferior judicatory shall be reversed or modified, or the case remanded for a new trial; and the judgment, accompanied by a recital of the error or errors found, shall be entered on the record. If the judicatory deem it wise, an explanatory minute may be adopted which shall be a part of the record of the case. 718 OF DISCIPLINE. 3. Reversed on Review of Testimony. An appeal was taken by Mr. John Gordon from the decision of the Synod of Pittsburg. The Assembly having before them the evidence which had been before the Synod, and having fully heard the members of that Synod present in defence of their decision, it was, on motion, Resolved, That the decision of the Synod, in affirming the judgment of the Presbytery of Redstone, be reversed. And it, therefore, was reversed. — 1807, p. 386. 4. Reversed without Assigning a Reason for its Action. The consideration of the appeal of the Presbytery of Ohio from the decision of the Synod of Pittsburg, in the case of Mr. Gwinn, was re- sumed, and the parties were heard until they said they had nothing further to add. The decision of the Synod of Pittsburg reversed a decision of the Pres- bytery of Ohio, by which decision the Presbytery had suspended the Rev. Andrew Gwinn, sine die, from the office of the gospel ministry. A motion was made and seconded that the appeal of the Presbytery of Ohio be sustained, and the decision of the Synod in the case be re- versed, which was determined in the affirmative. — 1819, p. 709. [See also 1821, p. 25. See Book of Discipline, sec. xcix., last clause.] 5. Reversed because of Disproportionate Censure. [See Book of Discipline, chap, i., sec. ii., a, b, c, d, above.] 6. Reversal on the Ground of undue Severity does not Determine the Innocence of the Accused, nor Relieve him from other Process. The appeal of T. F. Worrall against the Synod of Illinois. The usual charge was read by the moderator, and the Assembly proceeded with the case according to the order prescribed in the report of the Committee, which is as follows : The Committee report as follows : This case originated before the Ses- sion of the church of Bloomington, on charges preferred against the ap- pellant by the Session on " general rumor." After an examination the session convicted him, and passed sentence excluding him from the communion of the Church. An appeal was taken from this decision to the Presbytery of Blooming- ton, which refused to sustain the appeal. An appeal was taken from thence to the Synod, which refused also to sustain the appeal. From this decision of the Synod of Illinois this appeal is taken to the General Assembly. . . . The final vote was 40 to sustain, 39 to sustain in part, and 5 not to sus- tain. On motion, a Committee was appointed to bring in a minute, expressive of the judgment of the Assembly in the case. Messrs. Hodge, J. D. Smith and H. K. Clark were appointed this Com- mittee. They subsequently reported the following, which was adopted : Resolved, as the expression of the judgment of this Assembly, That the sentence of excommunication against T. F. Worrall, by the session of the church at Bloomington, Illinois, be reversed, as being unduly severe. The Assembly, however, do not intend by this decision to restore Dr. Worrall to the communion of the Church, from which he is now understood to be suspended, on other charges still under adjudication ; nor do the Assembly intend to decide that he did not deserve censure for the improper language which is set forth in the charges against him. — 1861, pp. 346, 347, O. S. WAYS IN WHICH A CAUSE MAY BE CAEEIED. 719 7. Where one has Absented himself frorn the Ordinances of the Church, a Qualified Certificate is Sustained. — Decision of Synod Reversed as in Error in Prescribing a Form of Certificate. The Assembly took up Judicial Case No. 6, being the complaint of the Rev. X. West, D.D., against the Synod of New York. Mr. Rowland had absented himself from the ordinances of the Second Church of Brooklyn, New York, for some months. Upon application for his certificate, the session gave him a certificate omitting the words, " at present in good and regular standing," and substituting for them a testi- monial to his previous good Christian character ; inserting, at the same time, a statement of the fact of his recent absence from the ordinances of the church. Mr. Rowland brought a complaint against the session, before the Presbytery of Nassau, and the Presbytery sustained the complaint. Mr. West complained to the Synod against the Presbytery. The Synod of New York, by a vote of 10 to sustain, 12 to sustain in part, and 21 not to sustain, sustained the complaint of Rev. N. West against the Presby- tery; and then, in its final minute, ordered a letter in the usual form to be given to Mr. Rowland. Against the decision of the Synod, in adopt- ing this minute, Mr. West complains. The moderator reminded the members that, as they were about to sit in a judicial capacity, they should regard their high character as members of a court of Jesus Christ. The sentence complained of was read, and is as follows : "The Committee appointed to bring in a minute in the case of the com- plaint of the Rev. N. West against the action of the Presbytery of Nas- sau, report as follows : "The vote of the Synod was — to sustain the complaint, 10; to sustain in part, 12 ; not to sustain, 21. The Synod therefore sustains the complaint only in part. In this judgment the Synod does not decide that the papers given to Mr. Rowland were unconstitutional, but that, under the circum- stances, they deem them to have been unadvised, and therefore, as a meas- ure of peace, the Synod directs the session of the Second Church to give to Mr. Rowland and wife certificates of church membership, in such form as is usual among the churches of this city, in dismissing members in good standing." The reasons assigned by the complainant for his complaint were then read ; also the whole record of the inferior judicatories in the case, in- cluding the testimony and the reasons for their action. The Rev. N. West, D. D., the complainant in the case, was heard. The Synod of New York was heard, the clerk calling the names of its commissioners. After which the parties were directed to retire. It was moved and carried, that the calling of the roll be dispensed with. The vote was then taken, and the complaint was almost unanimously sustained. Dr. Rodgers offered the following resolution, w r hich was adopted : Resolved, That the complaint of the Rev. N. West, D. D., be sustained, and the decision of the Synod, in its final minute, be, and it hereby is reversed ; and further, that the Synod erred in prescribing to the session of the Second Church of Brooklyn, the form of a certificate to be granted to Mr. Rowland, after they had already granted a certificate to him which was agreeable to the Constitution of the Church and to the truth. — 1864, p. 328, O. S. 720 OF DISCIPLINE. 8. Reversed because of Unconstitutional Action of the Judicatory Appealed from. a. The Committee to which was referred the motion on the appeal of Mr. Lowrey reported, and their report being read was adopted, and is as fol- lows, viz.: Mr. Lowrey's appeal from the decision of the Synod of Ohio being taken up, and the sentence appealed from, having been read, together with the reasons of his appeal, it appeared on inquiry, that neither the records of the Synod of Ohio, nor the records of the Presbytery of Miami were brought to the Assembly; but as the delegates belonging to that Synod admitted it to be a fact as stated in Mr. Lowrey's appeal, that the Presby- tery of Miami did appoint a special session composed of elders belonging to different congregations, for the purpose of trying Mr. Lowrey, and that the decision of such a special session was affirmed by the Synod of Ohio ; therefore, resolved, that the appeal of Mr. Lowrey be sustained, and it hereby is sustained ; and that all the proceedings in the case be, and they hereby are reversed on the ground that the appointment of such a special session is entirely unconstitutional; and if Mr. Lowrey has done anything offensive, he ought to be tried by the courts that have been instituted by the Constitution of our Church.— 1823, p. 92. b. Whereas, A complaint has been made by the Presbytery of Saharan- pur, of the Reformed Presbyterian Church, against the Board of Foreign Missions of the Presbyterian Church, for reappointing, as one of their missionaries in India, Rev. John Simms Woodside, who had been deposed from the ministry by said Presbytery : Your Committee recommend the following action touching the matters contained in said complaint which relate to the polity of the Presbyterian Church — viz. : 1. It appears that an agreement was entered into, years ago, by which the ministers of the so-called " Covenanter," or Reformed Presbyterian Church, became missionaries of our Foreign Board. 2. It does not appear that this agreement gave to any of the judicato- ries of our own Church the authority of " Review and Control " over any of the judicatories of said Reformed Presbyterian Church ; but it is im- plied that, both by agreement and comity, the judicial decisions of the Presb)^teries of said Reformed Presbyterian Church, touching the ecclesi- astical standing of their ministers, should receive the respect from our Presbyteries due to like decisions of one another. 3. The main facts of this case are, that John S. Woodside, a minister of the Reformed Presbytery of Saharanpur, was deposed by that Presby- tery in February, 1880 ; and the gist of this complaint is that, notwith- standing said deposition, he has since been received as a minister, in good standing, by our Presbytery of Furrukhabad, and has been appointed a missionary by our Board. 4. And whereas the (O. S.) General Assembly (pp. 159 and 160, Moore's Digest) decided in 1862 that " a Presbytery may not restore a minister deposed by another," and the (N. S.) General Assembly (pp. 617 and 618, Moore's Digest), in 1858, decided " that only the Presbytery which deposed a minister has jurisdiction over him," therefore Resolved, That the Presbytery of Furrukhabad erred in receiving and restoring to the ministry the said John S. Woodside, while he was under sentence of depo- sition by the Presbytery of Saharanpur, and in accordance with the action of the General Assembly in a similar case between Presbyteries of our own Church (see Moore's Digest, pp. 159 and 160), this Assembly WAYS IX WHICH A CAUSE MAY BE CARRIED. 721 directs the Presbytery of Furrukhabad to reconsider its action, and pro- ceed according to the requirements of the Constitution, as provided for the guidance of our Presbyteries in similar circumstances between them- selves.— Adopted 1883, pp. 628, 629. c. The Judicial Commission to whom was referred Judicial Case No. 2, being a complaint of Addison Bancroft to the General Assembly against the action of the Synod of Philadelphia in the Hermon church case, presented the following report : That the complainant complained of the action of the Presbytery of Philadelphia North, in dissolving Hermon church and declaring the field occupied by it a mission station under the care of the Presby- ter* The Synod of Philadelphia, at its stated meeting in Philadelphia, Octo- ber 23, 1876, sustained the action of the Presbytery, and dismissed the complaint, whereupon the complainant brought his complaint against such action of the Synod to this General Assembly, and the case having been, by the consent of the parties, referred by the General Assembly to this Commission for hearing and decision, and the Commission having there- upon proceeded in due order to examine the case and to hear the parties and members of the inferior judicatory, it is thereupon by this Commis- sion decided that the said action and decision of the Synod of Philadel- phia and of the Presbytery of Philadelphia North be and the same are hereby reversed for the following reason : That it appears that Hermon church had no previous notice of the contemplated action of the Presbytery in dissolving the church. While the Commission regrets the necessity of reversing the decision of the Synod of Philadelphia upon a ground which may seem merely technical, we regard the precedent of dissolving a church without notice to it as too dangerous to be upheld ; and we hold that without such notice and an opportunity for the church to be heard, the Presbytery had not jurisdic- tion of the case. — Adopted 1877, pp. 543, 544. 9. "Where Sentence is Reversed for Irregularity, either Party may Institute a new Trial. — If Process be not Commenced within the time Limited, he may Demand a Letter, as in Good Standing-. The appeal of Mr. Joseph E. Bell, from a decision of the Presbytery of Concord, suspending him from the office of the gospel ministry, was taken up. The appellant having requested that some person may be appointed to manage his appeal, the Rev. N. S. S. Beman was accordingly appointed. The decision of the Presbytery appealed from, the reasons assigned by the appellant for his appeal, which were on record, and the whole record of the proceedings of the inferior judicatory in the case were read. After which, Mr. Beman, in behalf of Mr. Bell, was heard. The Pres- bytery of Concord was then heard by their delegate, in explanation of the grounds of their decision. Mr. Beman and the delegate from Concord then withdrew. The roll was then called, to give each member an opportunity to express his opin- ion ; after which the final vote was taken, and the appeal of Mr. Bell was sustained. Mr. Frost, Mr. Plumer, and Mr. Fine, were appointed a Committee to prepare a minute in relation to the above decision. The Committee reported the following, which was adopted: 1. Resolved, That in the judgment of the Assembly, Mr. Bell was and still continues to be fully amenable to the Presbytery of Concord. 91 722 OF DISCIPLINE. 2. That while the Assembly do not wish to protect the guilty, they do judge that great caution, deliberation, and, as far as may be, the rules of discipline, where ministerial character is impeached, ought to be strictly observed, and that in this case the informality was exceptionable. 3. That if it be deemed necessary for the good of religion and the honor of the ministerial character, the Presbytery of Concord are entirely compe- tent to commence a new trial; or if Mr. Bell shall desire, for his own sake, a new trial, the door is still open. 4. That in the mean time, Mr. Bell's ministerial standing shall be con- sidered regular, and if no process shall be commenced by either party within the space of six months from the first of June next, then Mr. Bell may claim from the Presbytery of Concord a dismission, declaring him to be in regular standing — 1828, p. 240. 10. Beversed for Haste and Unconstitutional Action. The Assembly sustained the appeal of Mr. Arthur, from the sentence of Presbytery, by which he was suspended from the gospel ministry on the ground of contumacy, because the Presbytery appeared to have been pre- cipitate, and not to have observed the constitutional rules. See Discipline (Old), chap, iv., sees. 19, 21, 33, 68.— 1822, p. 53. 11. Sentence Reversed, and the Appellant Declared to be in Reg- ular Standing. The unfinished business of the forenoon was resumed, viz. : the consider- ation of the appeal of Mr. James Atwater from the decision of the Synod of Geneva, affirming a decision by which Mr. Atwater had been excom- municated by the church at Genoa. The parties were fully heard, and the following resolution, after some discussion, was adopted, viz. : Resolved, That the appeal of Mr. Atwater be sustained, and it hereby is sustained ; and that Mr. Atwater have liberty, as a member of the Pres- byterian Church in regular standing, to connect himself with any church which may be disposed to receive him. — 1821, p. 27. 12. The Decision may Declare the Acts of the Lower Judicatories Void. a. Resolved, That the appeal and complaint of the Second Presbytery of Philadelphia against the Synod of Philadelphia be, and the same are, hereby sustained ; and the act of said Synod, so far as it was intended to unite the said Second Presbytery with the Presbytery of Philadelphia, is hereby declared void.— 1834, p. 432; 1854, p. 33, O. S. b. In the appeal of persons claiming to be the church of St. Charles it was Resolved, That the Assembly herein sustain the appeal, pro forma, and orders the entire setting aside of all the proceedings in the whole case in all its stages, from the time that notice was first given to call a meeting of the congregation for the election of the three elders, and directsall the parties to stand precisely where they did before any step was taken in it. — 1838, p. 19. c. Resolved, That this Assembly understands the act of the Assembly of 1838, as sustaining the appeal of Rev. Hiram Chamberlain, not upon the WAYS IN WHICH A CAUSE MAY BE CARRIED. 723 merits of the case, but on account of informality of the courts below, and that " in the entire setting aside of all the proceedings in the whole case," they intended not only to annul the past, but also to forbid ail subsequent action contrary to the will of the regularly-constituted authorities of that church, and they hereby declare any such unconstitutional action that may have been had by any person, or persons, in connection with that church, to be null and void'.— 1840, p. 302, O. S. d. Resolved, That for the informalities and errors above mentioned the appeal be and is hereby sustained, and all proceedings in the case by the Session, Presbytery and Synod since the admonition before the congrega- tion on the 25th of August, 1861, are hereby annulled and set aside. — 1863, p. 36, O. S. [See under sec. lxxix., above.] 13. The Reversal Annuls the Acts Complained of. a. The appeal and complaint of Thomas Bradford and others, from a decision of the Second Presbytery of Philadelphia, relative to the installa- tion of Mr. Duffield, were taken up. The appeal, with the reasons of it, and all the documents in the case, were' read. The parties were heard, and were then considered as withdrawn from the house. The roll was called to give the members an opportunity of expressing their opinion. After which, the final vote was taken, and the appeal and complaint were sus- tained. The following resolution was then adopted as explanatory of the above- decision, viz.: That the appeal be sustained, and the acts of the Presbytery in relation to the call and installation of Mr. Duffield be and they hereby are reversed. —1835, p. 490. b. In regard to the complaint of Mr. Dobbins against the session of the church of Augusta for receiving members suspended by the session of the church of Smyrna, the Assembly are of opinion that both sessions acted unconstitutionally, the session of Smyrna in suspending said members, and the session of Augusta in receiving them when suspended. Therefore, Resolved, That the appeal on this complaint be and it is hereby sus- tained ; and the members in question are hereby declared to be still mem- bers in good standing in the church of Smyrna, and the session of the church of Smyrna are hereby directed to dismiss said members, if they still desire it, that they may regularly connect themselves with the church of Augusta.— 1824, p. 125*. III. THE DECISION MAY CONFIRM OR REVERSE IN PART. 14. Reversed in Part, on Ground of Irregularity.— Sustained in Part. a. The Judicatory may not Inflict a New Sentence without New Trial. Resolved, That the General Assembly, having heard and considered in detail the circumstances and merits of the appeal of Newton Hawes, are of the opinion that in the proceedings of the Synod of Genesee in the case, there appears to be nothing irregular or censurable until they come to their last decision, in which they pass a new ami severe censure on the appellant. In this particular, the Assembly judge that the proceedings of the Synod were not regular, inasmuch as they inflicted a new censure 724 OF DISCIPLINE. without a new and regular trial. Had the Synod contented themselves with approving the doings of the church of Warsaw, in declining to restore the appellant to their communion, and left him in the condition of a sus- pended member, they would have acted with entire regularity ; but not pausing at this point, the Assembly consider them as acting on matters not regularly brought before them ; and therefore resolved, that the sen- tence of the Synod, requiring the appellant to make a new and second confession, be reversed, and it is hereby reversed, and that the other part of their proceedings and decision be affirmed, and they are hereby affirmed. —1823, p. 79. b. Nor Remove all Censure where they find Rebuke Deserved. The Assembly having heard the complaint of the Presbytery of Carlisle against the Synod of Philadelphia in the case of William S. McDowell, with the facts and arguments offered both by the Presbytery and the Synod, judge that the Synod had a constitutional right to reverse the decision of the Presbytery in the case, either in whole or in part, as to them might seem proper; but that in the exercise of this right the Synod have not duly regarded the principles of discipline prescribed in the Constitution, inas- much as it appears by their records that they have removed all censure from a man whom they declare to be deserving of rebuke, without direct- ing that rebuke to be administered, and without receiving any evidence of his penitence. — 1823, p. 81. 15. Reversed in Part, on the Ground that Irregularity of Proceed- ing does not Necessarily Invalidate. — 1856, p. 517, O. S. [See under Form of Government, chap, xiii., sec. ii., 6, a. Reversed in part and confirmed in part, see above, sec. iii., sub-sec. lxxviii., case of Josiah B. Andrews.— 1824, p. 106.— if.] 16. Sustained in Part, Reversed in Part.— Minute in the Case. The Committee to whom was referred the judicial case originating in the session of the Seventh Presbyterian Church in Cincinnati, beg leave to report: 1. They find that said session tried certain parties upon five several charges, and found them guilty upon the first, second and fifth, and ad- judged them worthy of serious admonition on the ground of the first and fifth, and suspension upon the second. 2. The Presbytery of Cincinnati deciding the case upon appeal, affirmed the decision of the session. 3. The Synod of Cincinnati also acting upon it under appeal, reversed the decision of the Presbytery and session. 4. Your Committee, after hearing all the testimony in the case, and all the parties thereto by their representatives ; and after full and protracted consideration, while they find in the proceedings of the session and Pres- bytery no evidence of other than a kind and conscientious desire to do justice to all the parties concerned, respectfully recommend the following as the judgment of the Assembly in the case : Resolved, 1. That the decision of the Synod reversing the action of the Presbytery and session upon the first and fifth charges be itself reversed, and the session be instructed to administer the serious admonition of which they wisely judged the parties to be worthy. Resolved, 2. That the decision of the Synod, reversing the action of the Presbytery and session upon the second charge, be sustained in part, on the ground that the suspension of the parties accused was too severe in the WAYS IN WHICH A CAUSE MAY BE CARRIED. 725 case, and that the session be recommended to revoke the suspension and admonish the parties. — 1865, p. 550, O. S. b. The order of the day was taken up — viz. : the appeal and complaint of Rev. John Skinner, D. D., against a decision of the Presbytery of Lex- ington declaring him guilty of libel and defamation, and a sentence of sus- pension from ministerial functions founded thereon. . . . The question was then taken on Judicial Case, No. 3, viz., the appeal and complaint of John Skinner, D. D., against the Presbytery of Lexing- ton, and the complaint of Rev. Mr. Calhoun against the same Presbytery ; and the result was as follows, viz. : To sustain the appeal, 40 ; to sustain in part, 58 ; not to sustain, 66. The Special Committee in the case of Rev. John Skinner, D. D., pre- sented a report, which was adopted, and is as follows, viz. : The appeal and complaint of the Rev. John Skinner, D. D., against the Presbytery of Lexington, is sustained pro forma; the sentence of the Presbytery is revoked, and the appellant restored to all the functions of the ministry of the gospel. The complaint of the Rev. William Calhoun and others against the same Presbytery is dismissed. While the Assembly do fully restore the appellant to the functions of the ministry, and take pleasure in recording that for about seven years he exhibited talents and zeal well adapted to edify the Church of God, and while they trust that he will hereafter show the same ability and fidelity in the Master's cause, they are constrained to express their deep concern at the uncharitable temper and litigiousness exhibited by him before the inferior judicatory, and their disapprobation of his course in printing and circulating his Lexington speech, pending his complaint to the Synod of Virginia. Wherefore, he is hereby solemnly admonished in relation to these mat- ters, and warned carefully to avoid them in future. The Assembly regret, moreover, that they find no evidence that any of the parties have, at any stage of this unhappy controversy, resorted to the more private and fraternal methods of making peace among brethren, which are suggested in the word of God. And the Assembly do now affectionately and solemnly enjoin on all concerned to cultivate a spirit of charity and forgiveness, to study the things that make for peace, and to seek by importunate prayer the influ- ences of the Holy Spirit, that the wounds inflicted in the progress of this painful case may be healed, and the kingdom and glory of Christ may prevail in the region where these brethren are called to labor. — 1848, pp. 26, 41 and 49, O. S. 17. The Decision censures the Irregular Excommunication of a Mem- ber, and Prescribes the Steps which should have been Taken. Complaint of Rev. William Perkins, et «/., against the Synod of Illinois. The final vote was taken, with the following result, viz. : To sustain the complaint, 38; to sustain in part, 43; not to sustain, 79. A Committee was appointed to bring in a minute, which was adopted, as follows, viz. : The Committee appointed to bring in a minute in reference to Judicial Case, No. 1, report, first, the facts in the case. A communicant, by the name of Ambrose Stone, in the Irish Grove church, for a long time ab- stained from partaking of the communion of the Lord's Supper. He also, for a long time, ceased to worship God in his family. He repeatedly requested the session to dissolve his connection with the Church of Christ, assigning as the only reason for this course of conduct, that he believed 726 OF DISCIPLINE. he had never been born again, and that he had no love to Christ. The session did eventually comply with this request, and resolved that his con- nection with the church be dissolved. This church was under the care of Sangamon Presbytery. The Presby- tery upon reviewing the records of the session of Irish Grove church, con- sidered this a case of excommunication, and declared the action of the session not only unconstitutional, but also null and void, and that Mr. Stone was still a member of the Irish Grove church. The moderator and elder from that session claimed the right to vote in this disapproval of their records, which was refused by Presbytery. The session then com- plained to the Synod of Illinois of the whole action of the Presbytery in the case. The Synod sustained and approved the action of the Presbytery. The case was then brought before the General Assembly by the Irish Grove church session, in the form of a complaint against the Synod of Illinois, because it sustained the action of the Presbytery. The Assembly having fully heard the parties in the case, adopted the following resolu- tions, viz. : Resolved, 1. That no church session has authority to dissolve the connec- tion of a communicant with the Church of Christ, except by excommuni- cation, and that the sessions of our Church are bound to proceed according to the directions given in our Book of Discipline, when they do excom- municate a member. The Assembly does, therefore, condemn the action of the Irish Grove session in dissolving the connection of Mr. Stone with the Church of Christ, in the manner in which it did, as irregular and unconstitutional. Resolved, 2. That the Presbytery of Sangamon acted correctly in not permitting the members of the Irish Grove session to vote for approving or disapproving their own records ; that the Presbytery acted correctly in declaring the action of the session, in Mr. Stone's case, to be irregular and unconstitutional ; and that then the Presbytery, without proceeding further, ought to have required the session to review and correct its proceedings, in this case, according to the directions given in our Book of Discipline. Resolved, 3. That the Synod ought to have directed the Presbytery to require the session to review and correct its proceedings, according to the directions given in our Book of Discipline. — 1851, p. 33, O. S. 18. The Decision finds Error in the Judicatories below. — A Presby- tery may not Unduly Direct and Control a Session. — Synod may not Refuse an Appeal from a Party Aggrieved. This General Assembly sustains the appeal and complaint of Kobert S. Finley and Smith Bloomfield, against the Synod of New Jersey. In this decision, it is not intended to censure the courts below for want of zeal and faithfulness in doing according to their best judgment what the case required. Much less is it intended to reverse, in form, what has been done in the case of Mr. Finley, so as to restore him to his pastoral relation, in the Second Church of Woodbridge; for this would be not only impracticable, in the circumstances, as they now exist, but inexpedi- ent, even if it were practicable. But the Presbytery of Elizabethtown erred in attempting too much to direct and control the action of that session, interfering without being called to do so, according to the forms of our Constitution ; in arresting the process of discipline, before it had been issued, while the session were pursuing it in an orderly manner; and in dissolving the pastoral relation upon a mere presumption of a majority of the people desiring it, without the regular application of either party ; thus making what they judged a WAYS IN WHICH A CAUSE MAY BE CARRIED. 727 necessity in the case, of more importance than the forms of the Constitu- tion. The Synod of New Jersey erred, not only in sustaining the action of the Presbytery in this case, but also in refusing to entertain as an appeal the remedy sought by a party who was both injured and aggrieved by said action of the Presbytery. — 1858, p. 300, O. S. IV. THE DECISION MAY EEMIT THE CASE TO THE LOWER JUDI- CATORY. 19. It may Remand the Cause for Reconsideration. The business left unfinished yesterday, viz., the consideration of the appeal of Mr. Todd from the decision of the Synod of Kentucky, affirm- ing a decision of the Presbytery of Transylvania, by which decision Mr. Todd was deposed from the gospel ministry [was taken up], and after considerable discussion of the subject of the appeal, the following resolu- tion was adopted, viz. : The Assembly having heard the documents in this case, were of opinion that the way is not clear at present for a reversal of the sentence of sus- pension ; but as it appears to the Assembly that Mr. Todd's opinions have not been perfectly understood, and whereas, there appears to have been some irregularity as to the nature of the testimony admitted on the trial before the Presbytery ; therefore, Resolved, That the Presbytery of Transylvania be directed to reconsider the case of Mr. Todd, to afford him another opportunity of explaining him- self, and if they should be satisfied, to restore him to his former standing. —1817, p. 666. See Discipline (Old), chap, iv., sec. xix. 5, case of J. H. Spillman vs. Synod of Kentucky.— 1860, p. 45, O. S. 20. Judgment Reversed and Case Remitted on Grounds Stated. On the complaint of William H. Beecher and others against the Synod of Genesee, in the case of the appeal of Dr. Frank from the decision of the Presbytery of Genesee, the General Assembly sustain the complaint and reverse the judgment of the Synod on the following grounds, viz.: 1. That the merits of the case seem to be expressly declined by the Synod as the subject-matter of adjudication. 2. That the Synod appear not to have adhered to the alternatives pre- scribed by the Constitution. See Book of Discipline (Old), chap. vii. sec. iii., sub-sec. x. 3. That the Synod seem to have forgotten the nature and the limits of their appellate, as distinguished from the original jurisdiction in the case, in that they censure at their bar the appellant, in a way competent, in any circumstances, only to the session of the church to which the appel- lant was primarily amenable. 4. That they seem to have forgotten also, in restoring the appellant, that some expression of repentance ought to have been exacted, especially if their reprimand could, from any tribunal, have been deserved. The Assembly therefore rule that the Synod of Genesee should review their proceedings in this case, and regarding alike the rules of the Con- stitution and the merits of the case, that they proceed to issue the same with equity and wisdom. — 1840, p. 11, N. S. 21. Referred back to the Judicatory below, with Instructions. a. Whereas, It appears that the decision of the Synod of Missouri in the case of the complaint of Franklin Knox has been recorded in resolutions 728 • OF DISCIPLINE. which set forth, not the reasons for the decision in the case, but which are, in fact, a compromise ; which also admit that, at most, there is a strong presumption of guilt, but not evidence, agreeably to the Constitution, suf- ficient to convict ; therefore, Resolved, That the complaint of Franklin Knox against the Synod of Missouri be referred back to the lower judicatory, and that the Synod be and hereby is instructed to reconsider said resolutions, and record their decision agreeably to the evidence and the principles of justice recognized in our Constitution.— 1852, p. 173, N. S. b. The Judicial Commission to whom was referred the appeal and com- plaint of the Second Presbyterian church of Jacksonville, Illinois, and Rev. Emanuel R. Pirez vs. a Decision of the Synod of Illinois Central, presented their report, which was adopted, and is as follows : Your Judicial Commission in the case of the appeal and complaint of the Second Presbyterian church of Jacksonville, Illinois, and Rev. Emanuel R. Pirez against a decision of the Synod of Illinois Central, beg leave to report that they find the action of the Synod of Central Illinois defective, in that it does not recognize the fact, which appears upon the records of the Presbytery, that charges had been made against Rev. Mr. Pirez, affecting his moral and ministerial character, which charges had been made by persons recognized, by formal vote of the Presbytery, as accusers, and which charges were referred by the Presbytery to a Judicial Committee with instructions to report thereupon, but which charges have never been brought to an issue. This Committee do, therefore, sustain the complaint and appeal of the Second Portuguese church and of Rev. Emanuel R. Pirez, so far as to direct the Synod to remand the case to the Presbytery, with instructions to try, or formally dismiss, the charges above mentioned, and, in case of his innocence, determine the question of the expediency of the continuance of the pastoral relation, in such a manner as they may judge to be just to the contending parties and for the interests of religion. — 1874, p. 46. 22. The Decision details the Irregularity of the Judicatories below. The consideration of the report of the Committee appointed to prepare a minute on the subject of Mr. Craighead's appeal from a decision of the Synod of Kentucky, suspending him from the gospel ministry on certain charges of heresy, founded on a sermon preached before the Synod, was resumed, and after some discussion, the report was adopted, and is as fol- lows, viz.: 1. The General Assembly are of opinion that the conduct of Mr. Craig- head in preaching such a sermon, and in such circumstances, before the Synod of Kentucky, especially as he had been suspected by his brethren of holding erroneous opinions, was highly reprehensible. 2. The General Assembly approve the conduct of the Synod in relation to this matter. While they were firm and zealous in maintaining what they believed to be truth, they were to an uncommon degree, respectful and affectionate in their manner of dealing with Mr. Craighead. As the sermon was delivered in their hearing, believing, as they did, that it con- tained dangerous error, they were bound to take notice of it and express their opinion to the preacher. ' 3. But they cannot approve the conduct of Mr. Craighead when before the Synod. He indeed manifested a lofty and independent spirit, that would not be controlled by authority, and there was not exhibited a due WAYS IN WHICH A CAUSE MAY BE CARRIED. 729 respect for the Synod as an acknowledged judicatory of the Church of Christ. His conduct was not respectful and conciliatory — which certainly was a return that their tenderness to him called for — but it was that of a bold and confident controvertist, who sets his opponents at defiance. 4. The publication of this sermon and defence by Mr. Craighead, after he had been so earnestly entreated by the Synod "not to offend against the doctrines of the Confession and the feelings of his Christian brethren," was even more reprehensible, as far as evidence is before us, than the first preaching of it. 5. The Presbytery of Transylvania, to which Mr. Craighead belonged, in the faithful discharge of their duty, could not have connived at such conduct. They acted properly, therefore, in calling upon Mr. Craighead to answer for this publication. Indeed, they deserve. much commendation for their watchfulness, zeal and firmness in promptly meeting an evil which threatened greatly to injure the welfare of the Church. And when it is considered that the man with whom they had to deal was distinguished for his learning and eloquence, reputable in his character and standing in society, and venerable for his age, it was a duty of no small difficulty and self-denial which they were called to perform. But they did not shrink from it. Therefore, whatever may have been their errors in the manner of conducting this business, or the errors of the Synod, it is the opinion of the General Assembly that they performed their duty in difficult circum- stances, and that their whole proceedings were prompted by pure and conscientious motives. 6. It is not surprising that in a case so new and difficult some consider- able errors in point of form should have occurred ; the principal of these the General Assembly will now briefly point out. a. There was a great deficiency in the charges preferred against Mr. Craighead as it relates to precision. All charges for heresy should be as definite as possible. The article, or articles of faith impugned, should be specified, and the words supposed to be heretical shown to be in repug- nance to these articles, whether the reference is made directly to the Scrip- tures, as a standard of orthodoxy, or to the Confession of Faith, which our Church holds to be a summary of the doctrines of Scripture. But in none of the charges against Mr. Craighead is this done ; and in two of them, third and fourth, it would be very difficult to say what articles of faith are supposed to be contravened in the errors charged on Mr. Craighead. And the last two charges appear to be so vague and indefinite as to be incapa- ble of proof. In the fifth Mr. Craighead is charged with perverting, etc., the sentiments of the preachers and writers in our connection. Now, in our connection there are a multitude of preachers and writers differing by many shades of opinion from each other. How then can this be a just ground of accusation ? In the sixth, he is charged with the false coloring of facts, etc. But no facts are established by evidence ; none are specified in the charge; and to make it a just ground of accusation, it ought to have been a designed and malicious discoloring of the facts, etc. b. In the progress of this case, the Presbytery proceeded regularly to cite the accused, once and again, and upon his not appearing, they pro- ceeded to the trial, and having gone through the evidence, they referred the whole to the Synod to adjudicate upon it, with the expression of their own opinion, that Mr. Craighead ought to be suspended. The Synod met immediately after Presbytery and took up the case, and in concurrence with the opinion of the Presbytery, suspended Mr. Craighead from the gospel ministry. c. In this proceeding, the General Assembly are of opinion that there 92 730 OF DISCIPLINE. was too much haste. Mr. Craighead was not guilty of contumacy, for he wrote two letters to the Presbytery, excusing himself for non-attendance ; and if he had been guilty of contumacy, he ought to have been suspended on that ground. Perhaps no man ought to be tried on charges preferred, and to be supported by evidence, who is not present, without his own con- sent. A trial, in the nature of things, cannot be impartial, when there is but one party heard. And in this case no injury would have been sus- tained by delay, for the Synod might have proceeded instantly to condemn the errors of Mr. Craighead's book, as the General Assembly did in the case of The Gospel Plan of W. C. Davis ; the process against the author, however, did not commence till some time afterward. But, however this may be, the General Assembly think that the Synod were in too much haste. It was reasonable that Mr. Craighead should have been informed of this transfer of the cause to a higher tribunal. d. There is only one other thing in the proceedings on which the Gen- eral Assembly will remark, which is, that statements were given as evi- dence, by the members of Presbytery, which are not recorded, and which do not appear to have been giveu under the usual solemnity of an oath. — 1824, pp. 120-122. 23. And Remits the Case with Instructions. a. Resolved, That as the proceedings in the case of Mr. Craighead, have been, in many respects, irregular, and he has suffered much injury from the delay produced by these irregularities : And, whereas, also the charges are not so conclusively established as to remove all doubt, the General Assembly cannot see their way clear finally to confirm the sentence of the Synod of Kentucky, although they are of opinion, that Mr. Craighead has subjected himself, by preaching and printing this sermon, to just cen- sure. But as Mr. Craighead has had no fair opportunity of vindicating himself, or of making satisfactory explanations or retractions, therefore, Resolved, That the whole cause be transmitted to the Presbytery of West Tennessee, in the bounds of which Mr. Craighead resides ; and that they be directed to give him an early opportunity of offering that satis- faction which the Church expects, for the offence received; and that upon receiving such explanations or retractions as to them shall be satisfactory, Mr. Craighead be restored to the gospel ministry from which he had been suspended. — 1824, p. 124. [Mr. Craighead was restored to the ministry by the Presbytery of West Tennessee, but died before the next Assembly. — M."] b. [See complaint of Edward Graham et al. vs. The Synod of the Pa- cific. The irregularities are detailed and the case remanded to the Synod with instructions. See Book of Discipline, chap, v., sec. xxiv., above. — 1881, pp. 586, 587.— Jf.] c. In the matter of the complaint of Rev. Edward Graham and others, against the Synod of the Pacific, for refusing to sustain the complaint of Frederic E. Shearer and others, against the Presbytery of San Francisco, for its action in dropping the name of the Rev. John D. Strong from its roll, and its proceedings in regard thereto, the General Assembly of 1881 found the irregularities and deficiencies in the records, both of the Presbytery and of the Synod, so great, and the information furnished by the records of both bodies so meagre, that it could not come to any intel- ligent decision. The General Assembly therefore ordered "that the complaint be referred to the Synod of the Pacific, with instructions to take such action in the premises as the interests of religion and the good order of the Church may seem to them to demand." (See Minutes 1881, pp. WAYS IN WHICH A CAUSE MAY BE CARRIED. 731 586-87). It now appears that the Synod of the Pacific, being in session on the 11th day of October, A. D. 1881, and having before it the above- recited action of the General Assembly of 1881, adopted the following resolutions : 1. " The Presbytery of San Francisco is hereby instructed to correct its records in the case of John D. Strong, by putting on record a minute giving reasons for its action in dropping the name of John D. Strong from its rolls." 2. " The Synod of the Pacific, in the case of the complaint of Rev. Frederic E. Shearer and others against the Presbytery of San Francisco, hereby corrects the deficiency of its records by adopting the following minute or record as its judgment in the case : Resolved, That the Synod of the Pacific do not sustain the complaint against the action of the Pres- bytery of San Francisco in the case of John D. Strong, believing that the action of the Presbytery was, under the circumstances, the best course for the interests of religion and the good order of the Church." Against this action of the Synod of the Pacific, complaint is now made to the Assembly by Rev. Frederic E. Shearer and seventeen other mem- bers of that Synod. It appears, therefore, that the Synod of the Pacific, while declaring its intention to correct the deficiency of its records, did not in any respect correct, but did in reality increase, the irregularities in its proceedings, by directing the Presbytery of San Francisco to correct its records by giving reasons for its action, and thereupon immediately proceeding to assign the reasons for its own action, forgetting apparently that, as an appellate judicatory, the Synod must await the correction and completion of the record of the Presbytery before it could correct its own. Perhaps the irregularity of this action is more evident when it is observed that the reason assigned by the Synod for not sustaining the complaint against the Presbytery is couched in the same language used by the Gen- eral Assembly of 1881 in its instructions to the Synod, and asserts that the action of the Presbytery, declared by the General Assembly of 1881 to be so defective and irregular, was the best " for the interests of religion and the good order of the Church." It is difficult to understand how this action could be supposed to satisfy the instructions of the General Assembly of 1881 ; and yet the Committee would be very reluctant to infer that the Synod intended to be obedient to the letter and disobedient to the spirit of those instructions. But the good order of the Church certainly requires that the Synod should in a proper manner obey them. And it is manifest that it is no more possible for this General Assembly than it was for that of 1881 to reach an intel- ligent decision in the present condition of the records. The Committee recommend, therefore, that the complaint be referred to the Synod of the Pacific, with instructions to refer the matter to the Pres- bytery of San Francisco, with instructions to that Presbytery to proceed in the case in an orderly manner. — Adopted 1882, pp. 100, 101. 24. Unconstitutional Acts Detailed. — The Case Remanded. The Committee to prepare a minute expressive of the sense of the Assembly in sustaining the complaint of Rev. J. A. Smylie against the Synod of Mississippi, submitted the following, which was adopted — viz. : 1. That the decision of this Assembly in sustaining the complaint of Rev. Mr. Smylie against the Synod of Mississippi is not to bo regarded as deciding the merits of the original question — that is, the guilt or innocence of the individual in respect to whom this case originated. 732 OF DISCIPLINE. 2. That the Presbytery of Louisiana should have recorded the results of the interlocutory meeting referred to in the complaint. 3. That the Synod acted unconstitutionally in permitting the Presby- tery of Louisiana to vote on the adoption of the report of the Judicial Committee on the complaint of Rev. Mr. Smylie. 4. That the Synod should have placed on its records the above-men- tioned report. 5. That the Presbytery of Louisiana erred in pleading the limitation of time for their noncompliance with the resolution of the Synod, referring this whole case to them for a full investigation. 6. That the case be remanded to the Presbytery of Louisiana, accord- ing to the resolution of the Synod, for such action as is demanded by the Book of Discipline. 7. That the decision of the Assembly, together with the foregoing min- ute, be recorded in the Minutes of the Synod of Mississippi and of the Presbytery of Louisiana. — 1850, p. 481, O. S. 25. Referred back by Consent of Parties. Judicial business No. 9, reported by the Judicial Committee, viz. : the complaint of Alexander M. Cowan against the Synod of Utica, was taken up and the complaint read, when, with the consent of Mr. Cowan and the members of the Synod present, it was Resolved, That the subject be referred back to the Synod of Utica; and they are hereby directed to issue the case as referred to them by the Pres- bytery of Otsego.— 1834, p. 434. 26. Referred back on Account of Irregularities. The unfinished business on Judicial Case No. 4 was resumed, and after further discussion, the previous question was moved by Judge Ewing and sustained. The vote was then taken, on the motion of Drs. Edwards and Imbrie, which was adopted, as follows : Resolved, That the case be returned to the Synod for a new trial, if a new trial be required. 1st. Because it appears from the record of the Synod that the original parties in the case were never heard by them ; the original parties, in the judgment of the Assembly, being Mr. Wm. B. Guild, and the Committee prosecuting for common fame. 2d. Because the reasons for the decision of the Synod were not re- corded according to the requisition in chap, iv., sec. xxiii., Book of Disci- pline (Old).— 1861, p. 344, O. S. 27. Discretion of a Judicatory is not Subject to Review. They had the right to send the case back to the Presbytery or to review the whole of it, according to their discretion. It is not for this court to decide which would have been the wiser course. The Synod judged it best to review the whole case, and their discretion is not a matter of re- view by this body.— 1864, p. 475, N. S. [See also Book of Discipline, chap, ix., sec. iii., sub-sec. lxxxiii., 7, a, b, c,d; and 1881, p. 586: the misuse or abuse of discretionary power is reviewable; and 1882, p. 100, Discipline, chap, ix., sec. iii., sub-sec. lxxxiii., Gould's complaint. — 3f.] 28. Remitted on the Recommendation of the Judicial Committee. a. Also, a complaint of Christian Kern and others of the First Presby- terian church of New Orleans. WAYS IN WHICH A CAUSE MAY BE CARRIED. 733 The Committee recommend that it be again referred to the Presbytery of New Orleans, with the injunction that the complainants be allowed a hearing. Adopted.— 1871, p. 547. b. The Judicial Committee reported an appeal of the Eev. Francis M. Dimmick from the Presbytery of Missouri River, recommending that the papers in the case be returned to the parties presenting them, that they may be adjudicated by the Synod of Iowa South. The recommendation was adopted. — 1872, p. 50. c. The Judicial Committee reported a complaint of the Rev. Christian Kern against the Presbytery of New Orleans. The Committee recommend that the complainant be referred to his Synod for redress. The report was adopted. — 1872, p. 84. 29. In Passing- Judgment a Judicatory may not Open a Case already Settled. Judicial Case No. 11 is the appeal of Dr. Thomas F. "Worrell against the Synod of Illinois, together with the complaint of the Rev. Isaac A. Cornelison against the same Synod. The Committee report that the appeal and complaint relate to the same matter, and they recommend that they be tried together as one cause. The papers are in order, and the case is ready for trial. The Committee find, further, that the Synod, in a minute expressing its judgment in a case then pending, to which Dr. Worrell was a party, adopted the following as a part of their judgment: "And, further, inas- much as this trial grew out of a previous one with Dr. Worrell, in which the adjustment partook of the nature of a compromise, and certain irreg- ularities which are not constitutional ; and as the ends of discipline were not accomplished in the case of Dr. Worrell, the session of that church should review their proceedings in his case." This part of the minutes is the subject-matter of the appeal and complaint. In the judgment of the Committee, it was not competent for the Synod, when judicially determining one case, to open another case already settled and determined ; this last case having been adjusted two years before, and the record of the adjustment having already passed before Synod, by way of review and control. The Committee, therefore, recommend that the appeal of Dr. Worrell be sustained. The complaint of Mr. Cornelison being to the same effect, is determined by this judgment on the appeal. — 1860, p. 67, O. S. 30. The Decision Sustains the Lower Judicatory in part, but one Restored by Judicial Action can be Deprived again only by New Process and Conviction. The business left unfinished on Saturday was resumed, viz. : the appeal of the Presbytery of Onondaga, from a decision of the Synod of Gen- eva, relative to the restoration of the Rev. John Shepherd to the gospel ministry, who has been deposed by the Association of Fairfield, Connecti- cut. After considerable discussion on the subject, the following resolu- tions were adopted, viz. : Resolved, That the decision of the Synod of Geneva relative to the res- toration of the Rev. John Shepherd to the office of the gospel ministry, so far as it censures the restoration of said Shepherd, who was deposed by a judicatory of the Church of Christ in fellowship with us, be and hereby is confirmed; because it did not appear from the records of the Presbytery of Onondaga, that said restoration took place in consequence of any eon • 784 OF DISCIPLINE. fession of the alleged crime for which the said Shepherd was deposed, or of any profession of penitence for it, or of any conference with the judi- catory which deposed him. 2. That the appeal of the Presbytery of Onondaga, so far as it relates to the rescinding of their vote to restore the Eev. John Shepherd, be and hereby is sustained, on the second reason of appeal, and upon that alone ; because the Assembly judges that a minister of the gospel, when once restored by presbyterial authority, cannot be deprived of his office, except it be by a new process and conviction. — 1818, p. 687. 31. The Decision Reverses all the Judicatories below and Restores the Appellant. The Assembly took up the appeal of Dr. John Rollins from a decision of the Synod of West Tennessee, affirming a decision of the Presbytery of Mississippi, affirming a decision of the Session of the First church of New Orleans, by which he had been excluded from the privileges of the church. Dr. McAuley was appointed to manage the cause of the appellant. The sentence of the Synod appealed from, the reasons on record which were assigned by the appellant for his appeal, and the whole record of the proceedings of the inferior judicatories in the case, including all the testimony and the reasons of their decision, were read. Dr. McAuley was then heard in support of the appeal. Only one mem- ber of the Synod was present, and he declined saying anything. The par- ties then withdrew. And the roll was called in part to give the members an opportunity to express their opinion. The Assembly resumed the appeal of Dr. Rollins. The remainder of the roll was called. After which the final vote was taken, when the ap- peal was sustained, and the decision of the Synod was reversed, and Dr. Rollins was restored to the privileges of the church. — 1830, p. 307. 32. The Decision Declares and Decides the Several Issues In- volved. The Committee appointed to express the judgment of this Assembly on the memorial and complaint of the session of the Fifth Church of Phila- delphia, recommended the adoption of the following resolutions, which were accordingly adopted, viz. : 1. Inasmuch as the act of the Synod of Philadelphia, uniting the Sec- ond Presbytery of Philadelphia to the Presbytery of Philadelphia, was in contravention of the act of the General Assembly passed in 1832, by which that Presbytery was erected, and inasmuch as the act of the Synod afore- said, by an appeal, was to be reviewed and acted on, by the next General Assembly; therefore, Resolved, That the complainants of the Fifth Church erred in changing their presbyterial relation, and uniting with the Second Presbytery of Philadelphia Sy nodical. 2. While Presbyteries have the right, according to the Constitution, to visit the churches under their care, to take measures to correct any evils that may exist in them, nevertheless, as in this case, the session presented no request, and there was no apprehension that the pulpit would not be supplied, the Assembly think the Second Presbytery erred in insisting on the right to supply the pulpit of the Fifth Church under the then existing state. 3. As the majority of the session felt themselves constrained to leave their house of worship, and were accompanied by a large number of the WAYS IN WHICH A CAUSE MAY BE CARRIED. 735 communicants, and as they had a show of reason for applying to the Sec- ond Presbytery Synodical, by the act of the Synod of Philadelphia form- ing that Presbytery, the decision of the Second Presbytery in declaring the four elders no longer elders of the Fifth church under their care, if designed to affect either their character or their standing, is hereby de- clared to be void. 4. In the opinion of this Assembly, the entire Fifth church is under the care of the Second Presbytery of Philadelphia, and it is hereby de- clared to be an integral part of it. — 1834, p. 452. [For resolution 5, see Form of Government, chap, xiii., sec. vii. 2.] 33. The Decision Restores the Status in Quo. The unfinished business of the morning was resumed — viz. : the appeal and complaint of Thomas Bradford, Esq., and others, against a decision of the Second Presbytery of Philadelphia, dividing the Fifth Presbyterian church in Philadelphia into two churches. The calling of the roll was finished, when the final vote was taken. The question was put, " Shall the appeal and complaint be sustained ?" and was carried in the affirmative. Whereupon it is ordered and decreed by this General Assembly that the act and decision of the Second Presbytery of Philadelphia, which divides the Fifth Presbyterian church of the city of Philadelphia into two distinct churches, be and the same is hereby reversed ; and the said Presbytery is hereby directed to restore to the Session of said church the book of minutes of said Session. — 1835, p. 478. 34. A Superior Judicatory may not Compel an Inferior to Reverse its Decision, without Assigning Reasons. a. The report of the Committee on the records of the Synod of Pitts- burg, as amended, was adopted as follows : Your Committee would respectfully report that the records have been well kept, and are in good order. And would further report that on pages 214 and 215 we find this min- ute : " The Judicial Committee report," etc., etc. (See Minutes.) The case appears to have been taken up, and the parties heard ; and on page 227 it is recorded, " The complaints," etc., etc. ; also, "A committee," etc. ; and on page 231, " The report of said committee," " In not sustain- ing," etc. We also find, on page 227, this minute, " The Committee on the Records," etc. With reference to this action, your Committee would respectfully move the adoption of the following minute — viz. : Inasmuch as it is contrary to the spirit and principles of the Presbyterian Church, and subversive of the true design of ecclesiastical discipline, for a superior judicatory to compel an inferior court to reverse its decision, rendered after a full, fair and impartial trial, without assigning and placing on record some specific reason for such reversal, that the records, so far as they relate to this point in this case, be disapproved. — Adopted 1874, p. 86. b. The Judicial Commission appointed in case No. 5, being the appeal of Mrs. M. J. Browning from a decision of the Synod of Geneva, presented the following report, which was ordered on record as the judgment of the Assembly : That the Assembly sustain the appeal : 1. Because a superior court cannot order an inferior court to rehear a case already decided, when no intimation of additional evidence is given. 736 OF DISCIPLINE. 2. Because, in sending back the case the Synod passed by the Presby- tery in which the case had once been adjudicated. 3. Because reference is by a lower to a superior court, and is voluntary and not subject to the order of a higher court. — 1878, p. 34. 35. The Decision Explains the true Intent of the Action Com- plained of. — Deposition after Reception to Membership in Presbytery does not Impair Good Standing. The General Synod of the Reformed Church in America complained against the Presbytery of Philadelphia Central, for the following causes : 1. The Presbytery, on the 9th of June last, received under its care a congregation which had, until that time, been under the care of a Classis of the Reformed Church, and had been known as the Third Reformed church of Philadelphia, and united it with the Western Presbyterian church of Philadelphia, giving the new organization the name of Imman- uel church. 2. On November 17, 1873, the Presbytery received, as a member, Rev. Charles Wadsworth, a member until then of the Classis of Philadelphia — the Classis having refused to grant him letters of dismission. The delegate of the Reformed Church, as instructed by the General Synod, presents these facts to the consideration of the General Assembly, alleging that the action of the Presbytery " is not in accordance with the friendly spirit of the terms of the correspondence which exists between the General Assembly of the Presbyterian Church and the General Synod of the Reformed Church." The Special Committee reported, and their report was adopted — viz. : Your Committee, after attentive study of the case, reach the following conclusions : 1. There is no reason to think that the Presbytery had any disposition to encroach upon the province of the Classis, or to disturb either the pas- toral or ecclesiastical relations of one of its congregations. They appear simply to have been willing to receive, in brotherly love, a congregation and a minister who wished to come to them from a sister Church, to whose judicatory no unkindness and no discourtesy was intended, and with which the Presbytery desired the most cordial fellow- ship. 2. The Presbytery seems to us to have erred in not directly consulting the Classis, so as to make sure that there had been no mistake as to the facts, and that the fraternal spirit in which the Presbytery desired to act might have been manifest to the Classis from the beginning. 3. While we regret this unintended lack of courtesy on the part of the Presbytery, we cannot deny the right of a congregation or of a minister to withdraw from the jurisdiction of either a Classis or Presbytery for reasons such as those alleged in this case. To forbid this would seem to us " not in accordance with the friendly spirit of the terms of the corre- spondence " between the two bodies, and an injurious abridgment of con- gregational and ministerial liberty. 4. The question of property is to be left to the civil tribunal. The Assembly exhorts the congregation to submit it frankly and unreservedly, and by no means to imperil spiritual interests by j^rotracted or strenuous litigation. 5. The Assembly cannot regard the act of the Classis, in deposing Mr. Wadsworth, after his reception to membership in the Presbytery, in the state of facts already recited, as impairing his good standing in the Church and the ministry. — 1874, pp. 62, 63. WAYS IN WHICH A CAUSE MAY BE CARRIED. 737 C. When the judgment directs admonition or rebuke, notice of ap- peal shall suspend all further proceedings ; but in other cases the judg- ments shall be in force until the appeal is decided. [VII. iii. 15.] 1. An Appeal Arrests all further Proceedings until it be Issued. It moreover appears that the General Assembly of the year aforesaid, having adopted the protest of the members of the Synod of Kentucky as their own act, did declare that Mr. Craighead had been deposed, whereas the decision of the Synod was suspension ; and although the Synod did direct the Presbytery to which Mr. Craighead belonged to depose him, if he did not, at their next stated meeting, retract his errors, yet this sen- tence could not have been constitutionally inflicted, because Mr. Craig- head appealed from the decision of Synod ; the effect of which was to arrest all further proceedings in the case until the appeal should be tried ; there- fore, the sentence of the Assembly declaring Mr. Craighead deposed does not accord with the sentence of the Synod, which was suspension. — 1822, p. 52. [Where the case is continued at the request of the appellant, the sen- tence remains in full force until the case is issued. — 1858, p. 580, N. S. See sec. xcvii. above, case of C. H. Baldwin. — M."] 2. Suspension is Continued until the Issue of the Appeal, -which must be at the next Meeting of the Judicatory above. T. F. Worrell requested the Assembly to answer the following question — viz. : Whether, when a person is suspended from the church by a Ses- sion, and restored by the Presbytery, the notice of appeal by the Session continues the person under suspension ; and if so, how long can such sus- pension be continued without the appeal being issued ? The Committee recommend that the following answer be returned — viz. : That the notice of appeal does continue the person under suspension until the appeal is issued, which must be at the next meeting of the upper court. The recommendation was adopted. — 1862, p. 597, O. S. 3. An Appeal against Certain Action does not Debar the Judica- tory from Acting upon the continued disturbed State of a Church. The question of a dissolution of the pastoral relation between Dr. McPheeters and the Pine Street church was originally brought in an orderly manner before the Presbytery, by petition from a minority of said church, and a personal tender of resignation by the pastor, and after all the constitutional steps were taken with care and deliberation was decided by the Presbytery, acting for the peace and welfare of the church. That which was called an appeal and complaint to Synod from that action could not so suspend all further proceedings as to prevent the Presbytery from considering and acting upon the continued disturbed state of that congregation. — 1864, p. 327, O. S. [See Form of Government, chap, x., sec. viii., xii., 54. See also Book of Discipline, sec. lxxxv. One-third of a judicatory can suspend the opera- tion of a complaint. — J/.] 4. Where a Session is Dissolved, an Appeal continues the Right of the Elders as to the Higher Judicatories until it is Issued. An overture from the Presbytery of Louisville : " When, by an act of Presbytery, a church Session is dissolved, and 93 738 OF DISCIPLINE. the elders composing said Session are ordered to cease any longer to exercise their office, does an appeal from this action to a higher court, by said elders, secure to them the right to sit in the various judicatories of the Church until said appeal is decided ?" Answer. — The effect of an appeal is to continue all the rights of the elders, as to representation in the higher courts, until the appeal is finally issued by the higher judicatories. — Adopted 1881, p. 587. [Under the present book this could be entertained as a complaint only, in which case sec. lxxxv. provides that one-third of the members may stay the execution of the decision until the final issue of the case. — M.~] CI. The judicatory whose judgment is appealed from shall send up its records, and all the papers relating thereto and filed with the record. If it fails to do this, it shall be censured ; and the sentence appealed from shall be suspended until a record is produced on which the issue can be fairly tried. [VII. iii. 16.] 1. Copies made by the Appellant not Sufficient.— The Records or Authenticated Copies Required. 3. That by the " forms of processes," etc., Mr. Bourne ought to be " allowed copies of the whole proceedings" in his case; yet "the judicatory appealed from" is, by the same rules, "to 'send authentic copies of the whole pro- cess;" his copy, therefore, which he says was taken by himself, but is not shown to the Assembly, is not sufficient ; his affidavit is not required by the course of proceeding in this body ; and the three papers presented by him are not to be considered as the commencement of a cause, or the entry of an appeal in this judicatory. Nevertheless, Mr. Bourne shall not suffer any inconvenience which the Assembly can prevent on the account of any failures of the inferior judicatories, if a default should in future appear on their part, the evidence of such circumstance being not as yet made clear to this Assembly.— 1816, p. 627. 2. On the Failure of the Judicatory to send up Authenticated Copies of the Testimony, the Appeal is Sustained. The Committee appointed to prepare a minute on the decision of the Assembly sustaining the appeal of Mr. Pope Bushnell from a decision of the Synod of New York, affirming the decree of the Presbytery of Hud- son, by which the said Mr. Bushnell had been suspended from the privi- leges of the Church, made the following report, which was adopted, viz.: That the appellant having given due notice that he did appeal, appeared regularly before the Assembly ; and that while the Presbytery and Synod have sent up their records in the case, neither has forwarded to this As- sembly an authentic copy of the testimony taken on the trial. The As- sembly did therefore decide that Mr. Bushnell's appeal be and it hereby is sustained, so that he is restored to all his rights and privileges as a member of the Church of Christ. — 1826, p. 187. 3. Where Judicatories Fail to Send up Documents, the Case is Remanded. a. It appearing from the official certificates of the stated clerks of all the courts below that important documents in evidence before the Session which first tried the case were not sent to the Presbytery and Synod, it is therefore Ordered, That this case be sent back to the Presbytery of Charleston WAYS IN WHICH A CAUSE MAY BE CARRIED. 739 for a new trial, and that the Session of the church of Columbia be directed to correct their record and to send to Presbytery an authentic copy of all the evidence and all the documents before them. — 1843, p. 186, O. S. 4. In the Absence of Papers Referred to in the Records, and of Attested Copies of the Charges, the Case Postponed. The Judicial Committee reported No. 1, the complaint of James Russell against the Synod of Georgia. It appears to the Committee that Mr. Russell has conducted his com- plaint in due form, but the Synod has failed to furnish the documents needful to its prosecution. The minutes of Synod are present, and com- plainant has furnished attested copies of minutes of Presbytery and of the testimony of witnesses examined. But we have still no attested copy of the charges which had been the basis of the original trial, nor of sundry papers referred to in the Presbytery's records, and which had been received as testimony. The Committee recommend to the Assembly the adoption of the following resolutions in the case : Resolved, 1. That the Synod of Georgia be directed to send up to the next Assembly authenticated copies of all their records, and of the whole tes- timony relating to the matter of the complaint, together with their reasons for not sending up the papers to this Assembly, unless the case shall be previously adjusted. Resolved, 2. That all the papers received from the complainant be re- turned to his own custody. — Adopted 1852, p. 212, O. S. 5. Case Remanded with Directions as to Procedure and as to the Records. Appeal of Heber Donaldson against the Synod of Erie : The Assembly finds that there are two branches to this case : the first involving questions of jurisdiction ; and the second, the merits of the case. This Assembly is not now able to determine either of these questions, on account of the meagreness of the records, and on account of certain irreg- ularities which are alleged to have occurred in the trials below. There- fore the Assembly, reserving its judgment, both on the questions of juris- diction and the merits of the case, hereby remands the whole case to the Session of the church at Emlenton, with the direction to table new charges with adequate specifications, and cite the accused to answer, taking care that the specifications, if confessed, or, if they are denied, the evidence, shall show a case which will justify the judgment they may render. And the Session are instructed to conduct the trial in exact accordance with the Book of Discipline, and make a clear and full record of all their proceedings in the case. The report of the Committee was adopted. — 1882, p. 107. 6. In the Absence of the Necessary Documents, the Case Re- manded. In the case of the Rev. David J. Waller against the Synod of Harris- burg the Committee recommend that in the absence of the necessary doc- uments the case be remanded to the Synod of Harrisburg for a hearing. —Adopted 1877, p. 532. [See Book of Disc, sec. ci., with which the above does not accord. — J/.] 7. In the Absence of Records, the Synod Censured and the Case Postponed. Complaint of Smiley Shepherd vs. the Synod of Illinois. The records of the Presbytery of Bloomino-ton, necessarily involved in the case, being 740 OF DISCIPLINE. absent, the Committee recommend that the Synod be censured for neglect- ing to send up the records, and that the case be deferred for trial until the records appear. — Adopted 1861, p. 304, O. S. 8. The Case Dismissed, and the Papers Returned. The commission on " a complaint of Kev. James W. Wightman and others vs. the Synod of Pittsburg " reported, recommending that, as all the papers are not before the commission, be it Resolved, 1. That the attention of the Synod be called to the Book of Discipline (Old), chap, vii., sec. iii., sub-sec. xvi. Resolved, 2. That the case be dismissed and the papers returned. The report was adopted. — 1874, p. 47. [See above under paragraph 5. — M.~\ 9, "Where the Absence of Papers is the Fault of the Defendant, the Case Dismissed and the Judgment Affirmed. Complaint of J. G. Monfort, D. D., et al vs. the Synod of Cincinnati. It appearing from the minutes of the Presbytery that its judgment and action were correct upon the facts stated therein, and there being no show- ing of any other facts in the minute of the Synod whereon to rest its action, and the absence of the papers (if there are any) being the fault of the Synod, your Committee recommend that the proceedings be dismissed and the judgment of the Presbytery stand affirmed. — Adopted 1867, p. 331, 0. S. [See also complaint of the Rev. Edward Graham et al against the Synod of the Pacific, Book of Discipline, chap, iv., sec. xxiv., 1881, p. 587. — If.] CII. Appeals are generally to be taken to the judicatory immedi- ately superior to that appealed from. [VII. iii. 6.] 1. Appeals may be Carried Directly to the Assembly. a. That inasmuch as the request of Mr. Bourne to be tried on an appeal before the General Assembly rather than the Synod may be reasonable, and inasmuch as the words of our Constitution, viz. : " The Assembly shall receive and issue all appeals and references which may be regularly brought before them from the inferior judicatories," etc., have been inter- preted favorably to such a request, the General Assembly do order, that a certified copy of the records of the Lexington Presbytery in this case be duly made, and transmitted to the next Assembly, unless the Synod of Virginia, to which the Assembly can have no objection, shall have previ- ously received the appeal. [But that this constitutional question, as well as the merits of the case, shall remain open for discussion at that time.] — 1816, p. 627. b. Resolved, That the records of the Synod of Virginia be approved, except their censure of the Presbytery of Lexington for allowing an ap- peal from their decision directly to the Assembly, without noticing the supposed irregularity of such appeal. — 1818, p. 688. c. An overture from the Presbytery of Baltimore, in relation to the practice of inferior judicatories in carrying appeals and complaints directly to the General Assembly, without first bringing them to their respective Synods, made the following report, which was adopted, viz. : That the Constitution of our Church is so explicit that it requires no order of the Assembly in relation to the case brought to view in this overture. — 1833, p. 396. [The principle guiding the Assembly seems to be that where there is no sufficient reason for passing by the next superior court, the case should I WAYS IN WHICH A CAUSE MAY BE CARRIED. 741 go there. But where good reasons for carrying it directly to the Assem- bly are assigned, it will be entertained. In this the usage is the same both as to appeals and complaints. — M.~\ d. An appeal, by the Rev. William W. McLane, from a decision of the Presbytery of Steuben ville. The Committee report that they find the case in order. The appellant was tried by the Presbytery at the spring meet- ings held in Augusta and Welles ville, O., in the months of April and May, 1883, on the charge of heresy. The Presbytery sustained the charge, and suspended the appellant from the gospel ministry. Dr. McLane appeals directly to the General Assembly, and asks that the case be taken up and issued by this Assembly. Chap, vii., sec. iii., sub-sec. vi., of the Book of Discipline (Old), is as follows : "Appeals are generally to be car- ried in regular gradation from an inferior judicatory to the one immedi- ately superior." Your Committee do not find, in the reasons given by the appellant, sufiicient cause to warrant them in recommending to the Assembly a de- parture from the above rule of our Book of Discipline, by granting the request of the appellant ; they, therefore, recommend that the papers in the case be referred to the Synod of Ohio. — 1883, p. 597. [This report was not adopted, but was referred back to the Judicial Committee, " to prepare and issue the case before the Assembly." — 1883, p. 617.— if.] The Judicial Committee presented a report in Judicial Case No. 1, re- porting the case in order, and recommending the steps to be pursued in issuing it. They also presented a written request from the appellant, the Rev. William W. McLane, that he have leave to withdraw his appeal against the action of the Presbytery of Steubenville. The request was read, and it was Resolved, That the appellant have leave to withdraw his appeal.— 1883, p. 629. e. An appeal of the Rev. Jared M. Chavis, a member of the Presbytery of Atlantic, from the decision of the Presbytery, upon charges brought against him for alleged immorality. From the certified copy of the decision, sent up by the Presbytery, it appears that the charges were not investigated on the merits, but failed of trial because of the refusal of witnesses to attend and testify ; and for this cause the Presbytery decided to drop the case against the Rev. J. M. Chavis as charged in the indictment. But in the recital of the charge, and the facts grounding the decision, the Presbytery insert an opinion in the following words : . . . Your Committee are of the opinion that the Presbytery erred in incor- porating such an opinion in their decision, in the absence of all testimony to justify the same. Your Committee are of the opinion that the appellant has shown a suffi- cient reason for bringing this appeal to the General Assembly, without first going to the Synod of Atlantic. After discussion, the Assembly directed that the case be referred to the Svnod of Atlantic, with instructions to take the proper action in the prem- ises.— Adopted 1884, pp. 107, 108. 2. Appeals Dismissed because not first Brought in the Lower Ju- dicatories and no Sufficient Reasons Given. a. The Judicial Committee made the following report on the complaint of the Presbytery of Philadelphia against the Presbytery of Columbia, relative to the licensure of Mr. Samuel Shaffer, which was adopted — viz. : That it is a desirable thing to prevent the unnecessary accumulation of 742 OF DISCIPLINE. business before the General Assembly ; that no good reason appears why the Synod of Albany, who must be entirely competent to issue the com- plaint, should be passed by, and that, therefore, in their judgment, the matter ought to go before that body. — 1828, p. 237. b. The Judicial Committee made a report in relation to the appeal of Mr. Matthew H. Rice, from a decision of the Presbytery of East Hanover, which was adopted, and is as follows — viz. : That the appellant had leave to withdraw his appeal od the following ground — viz. : no reasons are assigned by the appellant for making this appeal to the General Assembly instead of the Synod. — 1830, p. 298. c. The Judicial Committee reported two appeals of Samuel Lowrey ; the first from a special decision of the Session of the Second Presbyterian church of Cincinnati ; the second from a decision of the Presbytery of Miami. These a]3peals were dismissed because the appellant had not pros- ecuted his appeals before the inferior judicatories. — 1822, p. 36. ; 1833, p. 409 ; 1834, p. 432 ; 1826, p. 187 ; 1859, p. 516, O. S ; 1860, p. 46, O. S. Reasons not Sufficient. d. Case of Rev. W. M. White vs. the Presbytery of Washington. From the papers before the Committee, it appears that Mr. White was suspended from the ministry, and excluded from the communion of the church by the Presbytery of Washington at its sessions in November, 1870 ; that since that time he has resided within the bounds of the Presbytery of Pittsburg, and that he made application to the Presbytery of Washington, at its sessions in April, 1873, for a dismission, with a certificate of his standing, to the Presbytery of Pittsburg. This request the Presbytery of Washington declined to grant; and, respecting their decision, have come into the hands of your Committee, 1. A complaint of Rev. W. M. White; 2. A complaint of Revs. David McKinney and Richard Lea, resident in Pittsburg ; 3. A petition, signed by ministers and church members, living in and near the city of Pittsburg, praying that the decision of the Pres- bytery of Washington may be reversed, together with the answers of said Presbytery to these complaints. The complaints have not been before the Synod, with which these Pres- byteries are connected, for the alleged reason that there has been no mee - ing of the Synod since the action of Presbytery, and the complainants prefer not to wait until the Session of the Synod in the autumn. Your Committee, however, do not see sufficient cause in this case for departure from the rule of our Book of Discipline (Old), chap, vii., sec. iii. — viz. : "Appeals are generally to be carried in regular gradation from an inferior judicatory to the one immediately superior " — and therefore recommend that all the papers in the case be referred to the Synod of Pittsburg. Adopted.— 1873, p. 508. e. Complaint of Nathaniel West against the Presbytery of Cincinnati. The Committee recommend : That as no sufficient reasons for direct com- plaint to the General Assembly have been presented, the complaint be referred to the Synod of Cincinnati. — Adopted 1877, p. 576. /. In the case of the complaints of (l)Nathaniel West and Thomas H. Skinner against the Presbytery of Cincinnati, for an alleged decision against the said West ; (2) the same, against the same, for adopting a reso- lution of its Judicial Committee; (3) E. D. Ledyard and others against the same for the same proceeding ; and (4) Thomas H. Skinner and others against the same for not sustaining the charges against the Rev. W. C. McCune, — the Committee recommend that, as the reasons for direct com- plaint to the General Assembly, as presented to the Committee, and in their OF DISSENTS AND PROTESTS. 748 hands, are deemed insufficient ; and as the constitutional jurisdiction and rights of the Synod over its lower courts are to be sacredly respected ; therefore, these several complaints be referred to the Synod of Cincinnati. —Adopted 1877, pp. 575, 576. g. A complaint by Nathaniel West, Thomas H. Skinner, J. P. E. Kum- ler, and L. H. Long, of certain action taken by the Presbytery of Cincin- nati, at their meetings December 7 and 23, 1878. Also, a complaint by Nathaniel West, of action taken by the Presbytery of Cincinnati, at their meetings April 9 and 10, 1879. In respect to these two complaints, the Committee recommended that, as the reasons presented by one of the complainants for himself and the others, for direct complaints to the Assembly, are deemed insufficient, and as the constitutional jurisdiction of the Synod over its lower judicatories is to be carefully guarded and sacredly respected ; therefore, these com- plaints be referred to the Synod of Cincinnati, to which they should have been taken, according to the provisions of the Book of Discipline (Old), chap, vii., sec. iii., sub-sec. vi. The Rev. Nathaniel West, D. D., presented a paper setting forth the reasons of the complainants for making direct complaint from the Pres- bytery of Cincinnati to this Assembly, which was read. After which, the report of the Judicial Committee was adopted. — 1879, p. 631. 3. Where there is no Common Relation, a Complaint is Allowed. Also, Judicial Case No. 3, being a complaint of the Third Presbytery of Philadelphia against the Presbytery of Luzerne, for an alleged invasion of Presbyterial jurisdiction. The case is brought before the Assembly, because of these Presbyteries having had no common Synodical relations. The Committee propose that the new Synod take up the case, and that the Presbytery of Luzerne cease all action until the Synod decides. — 1870, p. 27. CHAPTER X. OF DISSENTS AND PROTESTS. CIII. A dissent is a declaration of one or more members of a mi- nority in a judicatory, expressing disagreement with a decision of the majority in a particular case. [VIII. 1.] a. Dissent entered without Reply. — b. Dissent with Reasons is a virtual Protest. Had the dissent been offered without reasons, and simply as a record of the vote of the dissenters, it would have been entirely proper to enter it on the minutes of the Assembly without reply. It would then have been in the nature only of a record in part of ayes and nays. But, as it is accompanied with reasons, it is virtually a protest. — 1872, p. 85. [In the Assembly of 1846, O. S., leave to have a dissent with reasons entered on the record was refused. — Baird, Rev. Ed., p. 117. — J/.] CIV. A protest is a more formal declaration, made by one or more members of a minority, bearing testimony against what is deemed a 744 OF DISCIPLINE. mischievous or erroneous proceeding, decision or judgment, and includ- ing a statement of the reasons therefor. [VIII. 2.] 1. The Right to Protest for the Relief of Conscience. . That any member or members, for the exoneration of his or their con- science before God, have a right to protest against any act or procedure of our highest judicature, because there is no further appeal to another for redress ; and to require that such protestation be recorded in their minutes. And as such a protest is a solemn appeal from the bar of said judicature, no member is liable to prosecution on account of his protest- ing. Provided always, that it shall be deemed irregular and unlawful to enter a protestation against any member or members, or to protest facts or accusations instead of proving them, unless a fair trial be refused, even by the highest judicature. And it is agreed that protestations are only to be entered against the public acts, judgments or determinations of the judicature with which the protestor's conscience is offended. — 1758, p. 286. 2. The Dissent or Protest must be Entered before the Rising of the Assembly. Any member who may think himself, aggrieved by a decision of the General Assembly, shall have his dissent, or protest, with his reasons, en- tered on the records of the Assembly, or filed among their papers, if given in before the rising of the Assembly. — 1822, p. 44. 3. A Protest Arguing the Case is Refused. Dr. Martin presented and read a protest against the decision made in his judicial case, when, on motion of the Rev. D. J. Waller, it was Resolved, That Dr. Martin's protest is only such in name, while it is in reality an argument of the case which the Assembly has refused to hear, as not regularly before it, and that he therefore have leave to withdraw the same.— 1865, p. 592, O. S. 4. The Protest must Confine itself to the Reasons on -which it is Founded. The appropriate business of the protestants was simply to give the reasons on which their protest was founded, not to answer the arguments of individuals in debate, for which the Assembly is not responsible. — 1844, p. 378, O. S. CY. If a dissent or protest be couched in decorous and respectful language, and be without offensive reflections or insinuations against the majority, it shall be entered on the records. [VIII. 3.] 1. Protest Admitted to Record -without Answer. Dr. Stuart Robinson read a protest, signed by himself and others, against the adoption of the paper of Dr. R. J. Breckinridge on the state of the Church. This protest was, on motion, admitted to record without answer. Another protest, signed by Rev. A. P. Forman and others, was likewise admitted to record without answer. — 1862, p. 636, O. S. 2. Protest refused Record as being Disrespectful. A protest was received from Dr. Boardman and others against the action of the Assembly in the matter of the Louisville Presbytery. After discussion, on motion, it was OF DISSENTS AND PROTESTS. 745 Resolved, That it be the sense of this General Assembly that the protest of Dr. Boardman and others is not respectful in language, and that it be returned to the author.— 1866, p. 104, O. S. 3. A Protest should be Recorded only by Order of the Judicatory. Exception to the records of the Synod of Albany. A protest on pp. 323, 324, which was handed to the stated clerk, and by him recorded, when it does not appear that he was directed by Synod to make such insertion. — 1828, p. 242. 4. Protest Received and Put on Record. a. In the case of the complaint of Nathaniel West, against the Presby- tery of Cincinnati, in the case of West vs. the Rev. B. P. Aydelotte, the Committee recommend that, as no sufficient reasons for direct complaint to the General Assembly have been presented, the complaint be referred to the Synod of Cincinnati. The following protest against this action was presented, and ordered on record. [See Minutes 1877, pp. 576-580.] The committee appointed to answer this protest reported : " That in their judgment no answer is required." — Adopted 1877, p. 580. b. A protest was received from Rev. Josiah B. Bittinger, D. D., Rev. Henry W. Ballantine, and Rev. George L. Kalb, D. D., against the action of the Assembly in the adoption of the report of the Committee on Bills and Overtures, in the case of the Sewickley church against the Synod of Erie, and ordered to be put on the records of the Assembly. [See Min- utes 1877, p. 582, 583.] c. A protest was presented by Rev. Royal G. Wilder against the action of the Assembly in adopting the report of the Special Committee on his paper relating to the Board of Foreign Missions, and ordered on the records. — 1877, p. 583. d. The Rev. John G. Hall, D. D., in behalf of himself and others, offered a protest against the action of the Assembly in reference to the report of a minority of the Committee on Publication, which was received and ordered to be put on record. — 1884, p. 110. CVI. The judicatory may prepare an answer to any protest which imputes to it principles or reasonings which its action does not import, and the answer shall also be entered upon the records. Leave may thereupon be given to the protestant or protestants, if they desire it, to modify their protest; and the answer of the judicatory may also, in consequence, be modified. This shall end the matter. [VIII. 5-7.] 1. No Answer deemed Necessary when the Assumptions have been Refuted. The Committee appointed to answer the protest against the proceeding- of the General Assembly on the "memorial complaining of sundry grievances abroad in the Church," made the following report, which was adopted, viz. : That after a due consideration of the whole subject, and believing the protest to be founded on assumptions which were fully refuted and proved untenable in the course of a long and thorough discussion of the several resolutions adopted, they deem it inexpedient for the Assembly to assigD any further reasons for the course pursued in relation to the above memo- rial— 1834, p. 450. 94 746 OF DISCIPLINE. 2. The Answer Denies the Imputations of the Protest. a. The Assembly deems the following a sufficient answer to the protest against the action of the Assembly upon matters connected with the " Declaration and Testimony." 1. It is apparent upon the face of the protest, that its signers deeply sympathize in principle, spirit and action, with the signers of the said " Declaration and Testimony," in opposition to the General Assembly. 2. The paper imputes to the Assembly, in several particulars, that which does not appear from anything contained in its action in the case ; but the Assembly is disposed to pass over this infirmity, and the disre- spectful language employed in the protest, attributing these to an appa- rent inability, on the part of these brethren, to divest themselves wholly of prejudices which have grown out of the unhappy contest in which the country and the Church have been engaged during the last several years. — \mi, p. 365, O. B. [See chap, ix., sec. ii., sub-sec. lxxviii., a, b, Book of Discipline, 1841 p. 449, 0. S. ; also chap, ix., sec. iv., sub-sec. lxxxiv. (6), 1844, pp. 380-383, 0. S. ; and chap, viii., sec. lxx., 1 858, p. 609, N. S. In many cases the answer of the Assembly to a protest gives the fullest explication of its sentiments. See Form of Government, chap. i. ; Digest, pp. 84-86 (26), b, 1869, pp. 658-665, O. S. ; and Book of Discipline, chap, ix., sec. iii., sub- sec, lxxxiii., 1844, p. 383, O. S.— if.] b. A protest of Francis B. Hall and others against the response of the Assembly to the overture of the Women's Christian Temperance Union of Wisconsin was received and admitted to record. — 1885, p. 649. The Assembly answer as follows : The Committee appointed to prepare an answer to the protest of the Rev. Francis B. Hall and others reported an answer, which was amended, adopted and is as follows : The action of the Assembly is a reaffirmation of the action of former Assemblies, on the subject of communion wine, to the effect "that the control of this matter be left to the Sessions of the several churches, with the earnest recommendation that the purest wine attainable be used." We find nothing in the alleged protest that has any pertinency or application to this action, and therefore no further answer is needed. — 1885, p. 685. CVII. No one shall be allowed to dissent or protest who has not a right to vote on the question decided ; and, in judicial cases, no one shall be allowed to dissent or protest who did not vote against the decision. [VIII. 8, last clause new.] 1. Protest will not be Received from those not Members of the Body. A paper of the nature of a protest was offered by the Rev. W. G. Craig from persons not members of the Assembly, which was read, and on motion, returned to Mr. Craig.— 1867, p. 359, O. S. 2. A Protest can be Brought only by the Minority of a Judica- tory Itself. ' The Committee on Minutes of the Synod of Sandusky report that they have examined these records, and find them correct, and recommend their approval, except that the Synod has entered upon its minutes, on page 75, a "formal protest" against the action of the last General Assembly. Your Committee judge that remonstrance or complaint, for the reopen- OF JURISDICTION IX OASES OF DISMISSION. 747 ing of a question, may be made by an inferior judicatory to a superior : but that protest against the action of the General Assembly can be made only by a minority of the body itself. — 1864, p. 307, O. S. CHAPTER XL OF JURISLICTION IN CASES OF DIS3ITSSTON. CVIII. The judicatory to which a church member or a minister belongs shall have sole jurisdiction for the trial of offences whenever or wherever committed by him. [V. 2, X. 3.] [See under chap, vi., sec. xxxvii., Book of Discipline.] 1. If the Presbytery Dismissing have become Extinct, the Presby- tery to which one Charged as above comes may Refuse to Receive him ; in that Case, the Jurisdiction is in the Synod. [See Form of Government, chap, x., sec. viii. 17.] 2. Reception of a Member on a Qualified Letter is Void. [See Form of Government, chap, x., sec. viii. 21.] 3. Jurisdiction over one Charged with an Offence is in that Pres- bytery of which he is a Member. Overture No. 25, from the Presbytery of New Castle, asking the Gene- ral Assembly to determine, whether that Presbytery, or the Presbytery of Cleveland, has jurisdiction of Rev. J. F. Severance. The facts in the case, appearing in the overture, are as follows : Mr. Severance was a mem- ber of the Presbytery of Wilmington (which was succeeded by the Pres- bytery of New Castle), but left the bounds of that Presbytery in 1868. In 1870, he was within the bounds of the Presbytery of Cleveland ; and, after the reconstruction, twice sat in the Presbytery of Cleveland as a cor- responding member from the Presbytery of New Castle. In September, 1871, he was received a member of the Presbytery of Cleveland, under the operation of Principle 5, adopted by the* Assembly for the purpose of reconstruction. Before the Presbytery of Cleveland adjourned the sessions at which Mr. Severance was received, that Presbytery obtained information, that rumors affecting the Christian character of Mr. Severance had come to the knowledge of the Presbytery of New Castle, and said Presbytery had appointed a Committee, to inquire into the facts, and correspond with Mr. Severance in regard to them ; and this Committee had not been discharged, when Mr. Severance was received by the Presbytery of Cleveland. After the Presbytery of Cleveland had received this information from the Pres- bytery of New Castle, they reconsidered their action receiving Mr. Sever- ance, and declared said action null and void. The question is, To which Presbytery does Mr. Severance belong? The Committee recommend the following answer : . . . 748 OF DISCIPLINE. The decision of the Assembly, made in 1816, settles the principle that membership in any church judicatory is an entirety, and is not divisible. The judicatory is the judge of the fitness of an applicant for membership in it. The vote of the judicatory invests the applicant with all the rights of membership, of which he cannot be divested except by due course of discipline according to the Book. Hence, Mr. Severance is a member of the Presbytery of Cleveland, and that Presbytery has jurisdiction in his case.— 1872, p. 72. 4. The Presbytery -within -whose Bounds an Offence is Committed fulfills its Duty in Notifying the Presbytery to -which the Of- fender Belongs. When it is alleged that a minister has committed an offence in the bounds of a Presbytery of which he is not a member, the Presbytery in the bounds of which it is alleged the offence was committed, has performed its entire duty in the premises when it notifies the Presbytery to which he belongs, of the allegation and the grounds on which the allegation is based. The report was adopted.— 1869, p. 922, O. S. CIX. A member of a church, receiving a certificate of dismission to another church, shall continue to be a member of the church giving him the certificate, and subject to the jurisdiction of its Session (but shall not deliberate or vote in a church meeting, nor exercise the func- tions of any office), until he has become a member of the church to which he is recommended, or some other evangelical church ; and, should he return the certificate within a year from its date, the Session shall make record of the fact, but he shall not thereby be restored to the exercise of the functions of any office previously held by him in that church. [X. 1, last part new.] [For the jurisdiction of the Session over members non-resident, see Book of Discipline, chap, xii., sec. cxvii. ; over licentiates, see Form of Government, chap, xiv., sec. xi. — if.] 1. A Suspended Member may not be Received on Profession by another Church. If Received without Knowledge of the Facts, his Name to be Stricken from the Roll. Overture from certain members of the Presbytery of Madison : We desire to make the following statement and inquiries : A person is (we will sup'pose) under suspension in one of our own churches. He removes, and unites, on examination, with another of our churches, the session of the latter one being wholly ignorant of his former membership, and, of course, of his suspension. The facts are, however, afterward discovered. Would this discovery, of itself, vitiate his second membership, and leave him simply a suspended member of the former church? Would unworthiness for church membership, clearly manifested, while in the latter church, and before said discovery, rightfully add any efficacy toward producing this result? To the first of the above questions the Committee recommend an answer in the affirmative; to the second, if the question mean whether the session of the second church has jurisdiction in the case of unworthiness mani- fested in the second relation, the Committee recommend an answer in the negative; but if the question mean whether the un worthinesses manifested OF JURISDICTION IN CASES OF DISMISSION. 749 in the second relation be proper ground of separate process by the Session of the first church, the Committee recommend an answer in the affirma- tive. In respect to the whole case, the Committee agree in the statement folio wiug : The person uniting with the second church on examination unites de- ceptively. So soon as the facts in the case are ascertained by the session of this second church, the proper order of procedure is, for this session, after conference with the accused person, to strike his name from their roll of church members as not under their jurisdiction, to communicate their action to the session suspending him, with the reasons for it, and to request the said session to proceed against him, on separate process, for duplicity and disorder. The reply of the Committee was adopted. — 1866, p. 269, X. S. 2, A Letter of Dismission takes Effect as soon as Granted, so far as Rights and Privileges are Concerned. a. A letter of dismission, whether issued to a ruling elder or private member, terminates the relations of the person dismissed with the church giving the letter, except so far as said church is responsible for its watch and care over him during the period of transition. b. These rights and privileges can be regained in that church by return- ing the letters of dismission to the authority which gave them. c. These rights and privileges can be secured in any other church within the jurisdiction of this General Assembly, by virtue of such certificates, provided they are presented to the session thereof within one year from their date ; and, until they are presented, such persons are amenable to the church from which the certificates were received. — 1867, p. 512, X. S. [The " rights and privileges " do not include the functions of any office previously held by him in that church. See above, sec. cix., last clause. -if.] CX. In like manner, a minister shall be subject to the jurisdiction of the Presbytery which dismissed him (but shall not deliberate or vote, nor be counted in the basis of representation to the General Assembly) until he actually becomes a member of another Presbytery ; but, should be return the certificate of dismission within a year from its date, the Presbytery shall make record of the fact, and restore him to the full privileges of membership. [X. 2, largely amended.] 1. Jurisdiction over a deposed Minister is in the Presbytery which Deposed him. a. The Presbytery of Des Moines deposed Rev. James H. Shields from the ministry. Subsequently, Mr. Shields applied for restoration, to the Presbytery of Keokuk, within whose bounds he resided at the time of his application. The Committee on Polity also reported Paper No. 2. An overture from the Presbytery of Keokuk, asking if they have jurisdiction over the case of James H. Shields, deposed by the Presbytery of Des Moines. The Committee recommended to the Assembly, that the question submit- ted by the Presbytery of Keokuk be answered in the negative ; and the recommendation was adopted. — 1859, p. 18, N. S. b. In the case of Rev. Michael Hummer, deposed by the Presbytery of Iowa, and restored by the Presbytery of Highland, the Assembly declare 750 OF DISCIPLINE. it irregular and unconstitutional for any Presbytery to receive and restore a member of another Presbytery who has been deposed. — 1862, p. 608, O. !b. [See under Form of Government, chap, x., sec. viii. ; also Book of Dis- cipline, sec. xliii. — M.~] 2. "Where a Minister is Deposed, the Name should not be form- ally stricken from the Roll until the Proceedings are finally Issued. The other paper is an inquiry, proposed to the Assembly by Fisk Har- mon, of Swede Point, Iowa, respecting a case of discipline which has oc- curred in what he calls the Presbytery of D . A minister is said to have been deposed, and the sentence of deposition to have been pro- nounced, but his name was not ordered to be stricken from the roll. The. clerk, however, assumed the responsibility of erasing his name ; and when the case was appealed to the Synod, and remanded by it to the Presbytery that new evidence might be presented by the appellant, and the deposed minister demanded that his name might be replaced on the roll before the Presbytery proceeded to the reception of the evidence, he was informed by the moderator that his name did not belong there. The inquiry is : " Can this new sentence of striking the name of the deposed minister from the roll be constitutionally inflicted without a new and regular trial ?" The Committee recommend the following reply: As the name of every minister under trial must be properly on the roll of some Presbytery, it should not be finally erased until the completion of all the ecclesiastical proceedings connected with the case. In the present in- stance, the Assembly decide that the name of the minister referred to should be restored to the roll of the Presbytery, and retained until the case has been finally disposed of. — 1869, p. 270, N. S. [Nor is the name of a suspended minister to be removed from the roll of Presbytery and placed upon a private register. See Form of Govern- ment, Appendix, chap, x., sec. viii. 8, 1882, p. 96. — Jf.] 3. The Privileges of Membership cease with the Granting of the Letter. The established rule of the Presbyterian Church, in relation to the dis- mission of a minister from his Presbytery, is, " that, in all ordinary cases, all the rights and privileges of an individual in a Presbytery cease when, at his request, his dismission is granted." He may, however, within any reasonable time before he has used his letter of dismission, return it to the Presbytery, and then claim all his former rights and privileges ; but, until he has used his letter, he is amen- able to the Presbytery which has dismissed him. See Digest (of 1860), chap, v., sec. ii., sub-sec. viii. — 1867, p. 512, N. S. 4. "While a Minister is in transitu he is a Member of the Presby- tery which gave him his Letter. Overture from the Presbytery of Marion, as follows : A minister receives a dismission to unite with a distant Presbytery, and travels in the region indicated, but does not remove his family. After an absence of months, perhaps of more than a year, he returns to the residence of his family. During his absence, however, the Synod sets off " all the ministers " of his Presbytery " residing north of the south line " of his county to form part of a new Presbytery. Holding the original certificate, to which Presbytery does he belong, and in case of the neces- OF JURISDICTION IN OASES OF DISMISSION. 75 1 sity of process for unministerial conduct, which Presbytery is bound to proceed in his case?— 1864, p. 314, O. S. It was Resolved, That the minister in question be held to belong to the Pres- bytery which granted hirn the certificate. — 1864, p. 314, O. S. 5. A suspended. Minister is under the Jurisdiction of the Presby- tery which suspended him.— When Sentence has been Reversed for Informality, if Process is not commenced in Six Months, a Dismission in G-ood Standing may be claimed. Mr. Bell had been suspended, and took an appeal to the Assembly, which was sustained. The Committee appointed to prepare a minute expressive of the sense of the Assembly concerning the appeal of Joseph E. Bell, reported the following resolutions, which were adopted, viz. : 1. Resolved, That in the judgment of the Assembly, Mr. Bell was, and still continues to be, fully amenable to the Presbytery of Concord. 2. That while the Assembly do not wish to protect the guilty, they do judge that great caution, deliberation, and as far as may be, the rules of discipline, where ministerial character is impeached, ought to be strictly observed, and that in this case the informality was exceptionable. 3. That if it be deemed necessary for the good of religion, and the honor of the ministerial character, the Presbytery of Concord are en- tirely competent to commence a new trial. Or if Mr. Bell shall desire for his own sake a new trial, the door is still open. 4. That in the mean time Mr. Bell's ministerial character shall be con- sidered regular ; and if no process shall be commenced by either party within the space of six months from the 1st of June next, then Mr. Bell may claim from the Presbytery of Concord a dismission declaring him to be in regular standing. — 1828, pp. 240, 241. 6. A Minister Holding- a Letter of Dismission is a Member of the Presbytery Dismissing him until Received by another Body. In answer to an inquiry from the Mileage Committee as to the status of a minister in transitu, it was Resolved, That the ruling of the Assembly of 1860, N. S. (see Moore's Digest, p. 619), be adopted as the ruling of this Assembly, to wit : He is a member of the Presbytery dismissing him until received by another body. — 1883, p. 648. [See Minutes, 1860, p. 239, K S.— J£j CXI. A Presbytery, giving a certificate of dismission to a minister, licentiate, or candidate for licensure, shall specify the particular body to which he is- recommended ; and, if recommended to a Presbytery, no other than the one designated, if existing, shall receive him. [X. 4.] 1. Presbytery must Specify the Body to which a Member is Dis- missed. Resolved, That, whereas it is a fundamental principle of the govern- ment and discipline of the Presbyterian Church, that every minister of the gospel belonging to it be subject, at all times, to his brethren in the Lord, and accountable to them for the orthodoxy of his principles, and for his moral, religious, and orderly deportment ; it is therefore, Ordered, That every Presbytery under the care of this Assembly, when- ever they dismiss a member, be careful particularly to specify with what 752 OF DISCIPLINE. Presbytery, association, or classis, or other religious body, he is to be asso- ciated after his dismission (to which some of the Presbyteries do not ap- pear to have been sufficiently attentive) ; and that every member so dis- missed be, in all cases, considered as amenable to the Presbytery which has dismissed him till he shall become connected with the ecclesiastical body which he shall have been directed to join. — 1806, p. 351. 2. He must Unite with the Body Designated. Can a minister of one Presbytery unite with any other Presbytery than that designated in his letter of dismission? Answered in the negative. See chap, x., sec. ii.-iv., Book of Discipline (Old). — 1877, p. 550. 3. The Presbytery receiving- a Minister on a Certificate must No- tify the Presbytery that Dismissed him. [See below, sec. cxv. — M.~\ 4. The Dismission may not be by a Standing Committee. [See Form of Government, chap, x., sec. viii. 23. — if.] CXII. If a church becomes extinct, the Presbytery with which it was connected shall have jurisdiction over its members, and grant them letters of dismission to some other church. It shall, also, determine any case of discipline begun by the Session and not concluded. [New.] 5. Members of an Extinct Church Amenable to Presbytery. A church has been dissolved by the Presbytery, letters having been given the members to unite with any Evangelical Church where God may, in his providence, cast their lot. One of these members holds such a letter more than eighteen months old, not having used said letter. Is such a member amenable to the Pres- bytery, and is the Presbytery under obligation to receive, entertain, and pass upon a complaint entered against such party, holding said letter ? The Committee recommend that this overture be answered in the affirm- ative, on the following grounds : 1. That every church member is amenable to some appropriate tribunal, and that, in the case specified in the overture, this tribunal must be the Presbytery. 2. That every member of a church continues to be amenable to that church, until he becomes regularly connected with another. — 1869, p. 266, 1ST. S. CXIII. If a Presbytery become extinct, the Synod, with which it was connected, shall have jurisdiction over its members, and may transfer them to any Presbytery within its bounds. It shall, also, de- termine any case of discipline begun by the Presbytery and not con- cluded. [New.] [See Digest, ante, pp. 151, 152.— if.] OF REMOVALS, AND LIMITATION OF TIME. 753 CHAPTER XII. OF REMOVALS, AND LIMITATION OF TIME. CXIV. When any member shall remove from one church to an- other, he shall produce a certificate, ordinarily not more than one year old, of his church-membership and dismission, before he shall be ad- mitted as a regular member of that church. The names of the bap- tized children of a parent seeking dismission to another church shall, if such children are members of his household and remove with him and are not themselves communicants, be included in the certificate of dismission. The certificate shall be addressed to a particular church, and the fact of the reception of the person or persons named in it shall be promptly communicated to the church which gave it. [XI. 1, 2; 2d and 3d periods new.] 1. A Certificate of Dismission should be Required. a. Nor can the Assembly forbear to regret that the Session of the church of Chillicothe had not acted in a more formal manner in receiving Mr. McCalla, and had not required a regular certificate of dismission from the church to which Mr. McCalla belonged before they received him.— 1821, p. 21. b. When parents with their families are dismissed to other churches, the names of baptized children who have neither come to years of discretion nor become communicants should be embraced in the certificate given. — 1882, p. 98. 2. To Receive Members of Churches of our own Connection -with- out a Certificate is Irregular. The same Committee reported an overture, asking if it be in accordance with ecclesiastical lavv T and order in the Church to receive members of another church who have not been regularly dismissed, with a view to such change of relation. The Committee recommended that, so far as churches in our own con- nection are concerned, the question be answered in the negative, and refer to the Book of Discipline (Old), chap, xi., sec. i. The report was adopted. — 1868, p. 58, N. S. 3. Dismission to Join another Denomination. a. Resolved, That in all cases where members of any of our churches apply for dismission to unite with a Church of another denomination, the proper course is to give a certificate of Christian character only. — 1839, p. 177, O. S. b. The Presbytery of Hudson requesting that this rule be rescinded, the Assembly replied : The Presbytery of Hudson has misapprehended the spirit and scope of the resolution in question. It is neither a censure on the individuals, nor the churches to which they seek to be dismissed, but sets forth the only fact which it is important that those churches should know. — 1848, p. 22, O. S. [Churches in correspondence should be treated as if of our own con- nection. — M.~] 95 754 OF DISCIPLINE. 4. The Form of Dismission to other Denominations left to the Discretion of the Session. Shall members of our churches, who may wish to join churches not in correspondence with the General Assembly, receive certificates in the same form as if they wished to join another church, in our communion, or in correspondence with the Assembly ; or has the church session done all that it ought to do, when in such cases the good and regular standing of the persons so applying is duly certified? On motion, the answer recommended by the Committee was laid on the table, and the following, after amendment, was adopted, viz. : Resolved, That this whole subject is one that ought to be left to the sound discretion of the various church sessions, according to the Constitu- tion of the Presbyterian Church.— 1851, p. 28, O. S. 5. Dismission of a Suspended Member. Is it orderly in any case to dismiss to another church a suspended mem- ber, stating the case, and submitting it to the session to which he has removed ? It may be orderly in circumstances of necessity arising from removal to an inconvenient distance, provided that in no instance the session to which he be dismissed be allowed to review or rejudge the case. — 1849, p. 239, O. S. 6. A Suspended Person being- Restored by the Superior Judicato- ries may Claim Dismission in Good Standing". a. In regard to the complaint of Mr. Dobbins, against the Session of the church of Augusta, for receiving members suspended by the Session of the church of Smyrna, the Assembly are of opinion that- both Sessions acted unconstitutionally: the Session of Smyrna in suspending said members, and the Session of Augusta in receiving them when suspended. There- fore, Resolved, That the appeal, on this complaint, be and it is hereby sus- tained ; and the members in question are hereby declared to be still mem- bers in good standing in the church of Smyrna ; and the session of the church of Smyrna are hereby directed to dismiss said members if they still desire it, that they may regularly connect themselves with the church of Augusta.— 1824, p. 124. b. Resolved, That the Presbytery of Nashville having fully exonerated the appellant from all blame in the matters respecting which he was charged before the session of the church at Clarksville, his character is unimpeached, and that he is now, and ever has been since the action of the Presbytery in his case, entitled to a dismission from the church at Clarksville, whenever applied for, in order to connect himself with any church in the vicinity of his present residence. — 1849, p. 237, O. S. 7. A Dismission may be Irregular, yet Valid. A memorial from individuals in the Presbytery of Concord, formerly under the pastoral care of the Rev. Mr. Davies, asking the Assembly to determine whether they are to be considered members of the Prospect church, or whether their dismission from the church of Centre is to be considered null and void. The Committee recommended that the Assem- bly, while not approving of the haste and confusion with which their dis- mission was given, declare their actual connection with the church of Prospect now to be valid and regular. The recommendation was adopted. —1849, p. 266, O. S. AND LIMITATION OF TIME. 755 8. Members Removing- should be Furnished "with Testimonials of Standing", and should be Counseled to Transfer their Relations. Overture No. 36, from the Presbytery of Iowa, asking the Assembly to make it the duty of every church to give a letter of dismission to every member when removing to another locality where there is a Presbyterian church, etc. The following answer was adopted : The Committee recommends that it be enjoined upon the sessions of our churches, on the removal of any members beyond the boundaries of their own organizations, to furnish such members, whether in full communion or members by baptism only, with testimonials of their standing ; which testimonials it shall be the duty of such persons at once to present to some church of our connection, and the sessions shall earnestly counsel these members to transfer their relation immediately, if practicable, or at the earliest opportunity. Also, that in case but a single organization of our order is within reach of the parties so removed, the sessions having care of them shall transmit to that church session a copy of the testimonials foregoing ; if there be more than one such organization, then the parties transferred may elect to which organization these testimonials shall be sent. — 1869, p. 923, O. S. 9. Churches Receiving Members by Letter should Notify the Church from -which they Come. — Blank Forms of the Board of Publication Commended. Overture No. 1, from the Presbytery of Neosho, on the dismission of church members. The Committee recommend the following action : Resolved, That the General Assembly urge upon the Sessions of churches the importance of giving to members who remove from them either letters of dismission and recommendation to a particular church, or, in case of uncertain destination, letters of credence, and that, on the reception of members from other churches, they notify immediately the church from which the member has been dismissed. And they also urge upon all our churches the use of the printed blanks for the dismission and reception of members furnished by our Board of Publication. — 1871, p. 587. [See Book of Discipline, chap, xi., sec. cxi., the action of 1874.] 1. That, on the reception of a minister by certificate of dismission from another Presbytery, it be recommended to the stated clerk of the Presbytery receiving him to notify the stated clerk of the Presbytery granting the certificate of the fact of the reception. 2. That the name of every minister receiving a certificate of dismission be retained on the roll of the Presbytery dismissing him until notice of his reception be received from the stated clerk of the Presbytery receiving him. 3. That similar recommendations be sent to Sessions concerning the dismission and reception of church-members. — 1874, p. 82. 10. The Limit of One "Year does not ordinarily Exclude, "where the Session has Knowledge of the Reasons and of the Religious Life. The Synod (of Kentucky) except to the Sessional records of a certain church, because of the alleged irregularity of said Session in receiving members on return of certificates alone, after undue Length of time, knowledge of such irregularity being brought to the Synod's notice by a protest (Book of Discipline (Old), chap, xi., sec. ii.). Your Committee 756 OF DISCIPLINE. recommend that exception be taken to this action of the Synod because, in their judgment, the Synod's exception to the Presbytery's action is not well taken, for the reason that it appears to your Committee, from papers placed in their hands, and which ought to have been in the Synod's possession before taking action in the case, that the parties in question had good and sufficient reasons for such delay, being unsettled as to a permanent home ; their moral and religious life, meantime, being well known to the Session as fully comporting with the requirements of the Gospel of Christ. —1880, p. 79. CXV. In like manner, when a minister, licentiate or candidate is dismissed from one Presbytery to another, the certificate shall be pre- sented to the Presbytery to which it is addressed, ordinarily within one year from its date, and the fact of his reception shall be promptly communicated to the Presbytery dismissing him. [New.] CXVI. If a church member, more than two years absent from the place of his ordinary residence and church connections, applies for a certificate of membership, his absence, and the knowledge of the church respecting his demeanor for that time, or its want of information con- cerning it, shall be distinctly stated in the certificate. [XI. 3, 4.] 1. The Standing of Members Absent and Unknown. — Such Absence without Certificate itself Censurable.— If "Willful, they should be Suspended. The Committee appointed on the overture from the Synod of New Jer- sey, inquiring what a church Session ought to do with members in com- munion who have been absent for years without having taken a certificate of dismission, and whose place of residence is unknown, made a report which, being read and amended, was adopted, and is as follows — viz. : That although this particular case is not provided for by a specific reg- ulation in our Book of Discipline (Old), yet it is embraced by certain general principles which are recognized in that book and interwoven with many of its provisions. These principles, together with the result bearing on the case in question, the Committee beg leave most respectfully to state : 1. Every church member is amenable to some appropriate tribunal, by the wisdom and fidelity of which, in case of his falling into any error, immorality or negligence, he may be dealt with according to the word of God. 2. No member of a church can properly ever cease to be such but by death, exclusion, a regular dismission, or an orderly withdrawing to join some other Christian denomination; and must of necessity con- tinue to be amenable to that church until he becomes regularly connected with another. 3. For a church member to withdraw from a use of his privileges as a member, either by irregularly connecting himself with another denomina- tion, or by going to a distant part of the world to reside for a number of years, without making known his removal to the church session, and ask- ing a certificate either of good standing, for the purpose of enjoying occa- sional communion elsewhere, or of dismission, to join some other church, is itself a censurable violation of the principles of church fellowship, and may infer suspension from its privileges. 4. Church members, therefore, who have been absent for a number of AND LIMITATION OF TIME. 757 years in unknown places, are by no means to have their names erased from the churches to which they respectively belong, but are to be held respon- sible to their respective churches : and if the) 7 should ever return, or be heard from, are to be regularly dealt with according to the word of God and the principles of our Church; aud although great caution and tenderness ought to be exercised toward those whose withdrawing from Christian privileges may be occasioned by the unavoidable dispensations of Provi- dence, without any material fault of their own, yet in all cases in which a church session has good reason to believe that any of the church under their care have absented themselves with design, either from a disregard of Christian privilege or from a wish to escape from the inspection and discipline of the Church, they ought, without unnecessary delay, to declare such persons suspended from the privileges of the church until they give evidence of repentance and reformation, and of course, in making their statistical reports, ought to enumerate such amoug the members under suspension. — 1825, pp. 138, 139. [See also Form of Government, chap, ix., sec. vi. (Appendix), 1880, p. 45. a decision on the duties of the Session in case of certain irregularities confirming 1825, above.— 1872, p. 89 ; 1868, p. 58, K S. ; and 1839, p. 24, N. S. See also Digest of 1873, pp. 626-628.— J/.] CXYTI. Prosecution for an alleged offeuce shall commence within one vear from the time of its alleged commission, or from the date when it becomes known to the judicatory which has jurisdiction thereof. [XI. 5.] 1. Limitation not to be Plead, ag-ainst the Order of a Superior Judicatory. [In a case carried by complaint to the Synod of Mississippi, the Synod referred the whole matter back to the Presbytery. The Presbytery en- tered upon the case ; but, finding that two years had elapsed since the act was committed, declined to proceed further, on the ground of the limita- tion above.] The Assembly declared : That the Presbytery of Louisiana erred in pleading the limitation of time for their noncompliance with the resolution of Synod, referring this whole case to them for a full investigation. — 1850, p. 481, O. S. 2. The Plea is Good -where the Offence was Known to Members of the Judicatory more than a Year before Process was Begun. Overture No. 19 was then taken up from the docket, which is as fol- lows : When a church session has tabled charges against a church member for falsehood, and summoned the accused with the witnesses, is it competent for the session to dismiss the charges on the plea of the accused that a prosecution is barred by the limitation of time in chap, xi., sec. xv., oi the Discipline (" Process in case of scandal, etc."), the alleged crime hav- ing been committed and " become flagrant," and known to members oi session more than twelve months before process was instituted? The Committee recommended that this inquiry be answered in the affirm- ative. Adopted.— 1857, p. 42, O. S. 758 OF DISCIPLINE. CHAPTER XIII. OF JUDICIAL COMMISSIONS. CXVIII. The General Assembly, and each Synod under its care, shall have power to appoint a Judicial Commission from their respective bodies, consisting of ministers and elders, in number not less than a quorum of the judicatory appointing. All judicial cases may be submitted to this Commission, and its decisions shall be final, except in matters of law, which shall be referred to the appointing court for final adjudication ; and also, all matters of constitution and doctrine, which may be reviewed in the appointing body, and, upon final adjudication by the General Assem- bly, this Commission shall sit at the same time and place as the body appointing it ; and its finding shall be entered upon the minutes of such body.— Adopted 1885, p. 637. Special Reports of Judicial Decisions by Synods to be Sent up. Resolved, That in view of the importance of the Judicial Decisions made by Synods and Synodical Commissions, the Synods are enjoined to send up to the Assembly, in special communications, all records of such decisions. — 1885, p. 662. [Judicial Commissions, with consent of parties, have been appointed by the Assembly as follows: 1864, N. S., in the case of Mrs. Maria Hill vs. the Synod of Albany ; its report was adopted as the action of the Assembly, 1864, p. 477, N. S. In 1865 the Assembly, O. S., as an extraordinary measure (see Digest of 1873, p. 564), appointed a commission to hear the case and report to the Assembly (1865, p. 538, 0. S.). In 1867 the Assembly, O. S., appointed a commission in the case of appeal of Lewis R. Lockwood vs. the Synod of Iowa (1867, p. 327, O. S.). By the same Assembly two other cases were referred to commissions (1867, pp. 355 and 360, O. S.). Since the Reunion commissions were appointed (1870, p. 27 ; 1874, pp. 24, 30 and 37 ; 1876, p. 29 ; 1878, pp. 22 and 29.). The usage has been formulated in the law above. See Digest of 1873, pp. 564, 565. — if.] BOOK III. THE DIRECTORY FOR WORSHIP. CHAPTER I. OF THE SANCTIFICATION OF THE LORD'S DAY. 1. It is the duty of every person to remember the Lord's day; and to prepare for it, before its approach. All worldly business should be so ordered, and seasonably laid aside, as that we may not be hindered thereby from sanctifying the Sabbath, as the Holy Scriptures require. 1. The Assembly Petition Congress against Carrying- and Distrib- uting the Mails upon the Sabbath. a. The petition of the General Assembly of the Presbyterian Church in the United States of America, to the honorable the Senate and House of Representatives of the United States, in Congress assembled : Humbly Sheweth — That your petitioners view with deep regret the in- fractions of the Lord's day, occasioned by the opening of the mail on that day, and the circumstances accompanying such opening. A variety of considerations, temporal and spiritual, combine, in the pidgment of your petitioners, to produce this regret. The institution of the Sabbath by the Creator and Ruler of the world, whilst it clearly proves his benevolent regard for men, imposes upon them the reasonable obligation of devoting this day to his service. He makes it their duty to rest from the toils and labors of six days, and requires from them that they should statedly assemble together for his worship on the seventh. Both these objects contemplated by the institution of the Sabbath, the opening of the mail on that day and the circumstances accompanying it, do contravene and oppose. They who carry the mail and they who open it, together with those to whom letters or papers are delivered, under the sanction of civil law, neglect the public worship of God in part or whole. Besides this, the noise and confusion attending the carrying and opening of the mail in post towns, too frequently in a most painful manner disturb the devotion of those who prefer their spiritual to their temporal interests. Moreover, the carrying of the mail encourages persons to hire out their carriages on the Lord's day to those who have no fear of God before their eyes, thus adding to the open violation of the day; and to say no more, the brute creatures are made to work on this day over and above the six days, and thus are deprived of the rest to which they are entitled by the authority of God, whilst they are forced to administer to the cupidity of those who forget + he truth, that " the righteous man is merciful to his beast." 759 760 THE DIRECTORY FOR WORSHIP. Your petitioners are the more deeply impressed with the importance of observing the Sabbath, on account of the influence which such observance has in promoting true morality and social happiness. On this day all classes of men assemble together in the presence of God on terms of perfect equality, for in his presence the ruler is not more im- portant than the ruled, since both meet as sinners needing the exercise of sovereign and free mercy. On this day they are taught from the Scriptures, the only source of truth, their duty, their interest and their happiness. On this day they unite according to the direction of God, in prayer for all men — for magistrates as well as subjects — for the nation as well as in- dividuals — for every description of persons. On this day they manifest the gratitude which they owe to God for ben- efits received, thanking him for his mercies, and supplicating his grace. The effects arising from the duties in which they engage, the instruc- tion which they receive, and their assembling together before God, are all calculated to produce such a state of heart and such a line of conduct, as directly promote individual and social happiness. Your petitioners are aware of the plea which is used to justify the in- fractions of the Sabbath, of which we complain. Works of necessity, such as arise out of extraordinary circumstances, or such as are unavoidable for the support and comfort of life, together with works of charity, are ad- mitted to be lawful, for God delighteth in mercy rather than sacrifice. But your petitioners cannot conceive that the ordinary occupations of life, in ordinary times, or the exercise of charity, require such infractions of the Sabbath as are occasioned by the carrying or opening of the mail on that day. For the cases of sickness, to take one of the strongest and most plausible facts included in the plea of necessity, which are communicated by the mail, are too few, and happen at intervals too long, to justify the habitual breach of the Sabbath. As to the ordinary business of life, any prospect of gain, or fear of loss, cannot be admitted as legitimate causes for disobeying the command of God to keep the Sabbath holy. No one ever yet has suffered, or will suffer, in obeying God, rather than his cupid- ity, his ambition, or his lusts. Your petitioners, moreover, feel themselves constrained in their office as rulers in the Church, to exercise the discipline of that Church against those of their members who break the Sabbath in the carrying or opening of the mail on that day. In doing this they are not conscious of any dis respect to the civil authority of the land. They wish to render unto Caesar the things which are Csesar's, but must, at every hazard, render unto God the things which are God's. In thus honoring God more than men, they trust their motives will be respected, and their conduct ap- proved. Your petitioners are the more deeply impressed with the importance of a strict observance of the Sabbath, and the necessity of an alteration in the existing regulations of the post-office, as far as they relate to the Sab- bath, from the prospect of a war. As they firmly believe in the special providence of God, and that this providence is exercised according to those principles of truth and equity revealed in the Scriptures, they fear, and have just reason to fear, that the infractions of the Sabbath allowed by civil law, will draw down upon our nation the divine displeasure. God honors those who honor him, and casts down those who forget him. Obe- dience to his will adds dignity to rulers, and enforces subjection in those who are ruled. From all these considerations which have been given in detail, your OF THE SANCTIFICATION OF THE LORD'S DAY. 761 petitioners pray for such an alteration in the law relative to the mails, as will prevent the profanation of the Sabbath, which now takes place in conveying and opening the mail. And your petitioners, as in duty bound, will ever pray, etc. Ordered, That this petition be signed by the moderator, and attested by the clerk, and be committed to the moderator to forward to Congress. — 1812, p. 513. b. Dr. Flinn, to whom was committed the petition of the last Assembly to the Congress of the United States, on the subject of carrying and open- ing the mail on the Sabbath, reported that he put the petition into the hands of Mr. Cheves, a member of the House of Representatives, who afterward informed him that the prayer of the petition was not granted. 1813, p. 519. c. In 1814 a petition on the same subject was prepared, and the Pres- byteries directed to take order for circulating the same, and forwarding it to Congress. — 1814, p. 566. For like action see 1815, pp. 597, 601. ' II. The whole day is to be kept holy to the Lord; and to be employed in the public and private exercises of religion. Therefore, it is requisite, that there be a holy resting, all the day, from unneces- sary labors; and an abstaining from those recreations which may be lawful on other days ; and also, as much as possible, from worldly thoughts and conversation. Deliverance on the Profanation of the Sabbath. a. The Committee to whom was referred the overture respecting the profanation of the Lord's day, presented the following resolutions, which were adopted, viz. : 1st. Resolved, That this Assembly regard with pain and deep regret the profanation of the Lord's day, which exists in our country in various forms, and which is calculated in an alarming degree to create a neglect of public worship, a contempt of the authority of Almighty God, a cor- ruption of morals, and eventually to bring down the judgment of God on our land. 2d. Resolved, That the Assembly repeat the warnings which have here- tofore been frequently given on this subject, and do solemnly and earn- estly exhort the churches and individuals in their connection to avoid a participation in the guilt of profaning this holy day. 3d. Resolved, That it be earnestly recom mended to the ministers of the Presbyterian churches who have pastoral charges, frequently and solemnly to address their people on the subject of the sanctification of the Lord's day, and to urge its vital importance to our moral, social and civil, as well as religious welfare. 4th. Resolved, That it be solemnly enjoined on all the Presbyteries and church sessions in our connection to exercise discipline on their respective members whenever guilty of violating the sanctity of the Sabbath ; and that an inquiry should be annually instituted in each Presbytery relative to this subject ; and that each pastor should at the earliest opportunity practicable present this subject in all its solemn importance to the session of the church under his pastoral charge, and invite the co-operation of its members in all proper and prudent measures for the suppression of Sab- bath-breaking: — and further, that it be recommended to all our ministers and church members when traveling, to give preference to such livery es- 96 762 THE DIRECTORY FOR WORSHIP. itablishments, steamboats, canal boats and other public vehicles, as do not violate the law of God and of the land in relation to the Sabbath. — 1826, p. 182. b. Discipline to be Enforced for Violation of the Sabbath. Resolved, That this Assembly renewedly enjoin upon their Presbyteries and churches the duty of enforcing the discipline of the Church in every case of a violation of the Sabbath. — 1828, p. 242. c. The desecration of the Sabbath is certainly increasing with fearful rapidity in almost every part of our beloved country. A solemn and alarming crisis has already come. Unless the slumbering energies of the Church are speedily aroused to arrest the progress of this growing evil, the entire obliteration of the Sabbath will at no distant period be the result. It is necessary only to look into our large cities and villages on the Sab- bath, or to glance the eye along our navigable rivers and over our beauti- ful lakes, or to trace the extended lines of our canals and railroads, or listen to the perpetual rumbling of loaded vehicles on all our traveled routes, in order to be convinced that Sabbath-breaking has already be- come a sin of giant growth in our land. It is, indeed, a wide-spread, deep-seated, unblushing evil. It enters boldly into almost every com- mercial interest in the country, and embraces, directly or indirectly, in its broad sweep of mischief, a vast multitude of individuals; and what is still worse, an alarming proportion of these offenders belong to the Church of the living God. Here is the root of the evil. The Church has become a deliberate partaker in this great sin. In this way has her warning voice been wellnigh silenced, her redeeming power over the community paralyzed, and the salutary restraints of a consistent example effectually vacated. Reformation, then, must begin at the house of God. If the Church alone can save the Sabbath from being abolished, she must first reform her own conduct. In entering upon the work, it must not be for- gotten that in its failure or success are involved the best interests of the Church, of our country and the world. The rest of the Sabbath is the only wise and adequate provision for the wants of the animal system. The influence of the Sabbath can alone be relied on to sustain our free institu- tions, to extend the empire of law, to preserve domestic order and happi- ness, and to continue the bare existence of morality and religion in the world. The abandonment of the Sabbath is, therefore, nothing less than resigning all that is sacred and dear to a Christian people for time and for eternity. It is certain that whatever is done to rebuke and arrest the profanation of the Sabbath, must be done immediately. The work of reform cannot be delayed without hazarding the irretrievable loss of all the blessings which flow from the observance of that day. The task has already become formidable and difficult. It is not, however, altogether hopeless. The Sabbath may yet be restored, and its blessings perpetuated. The Church and the ministry can, under God, do all that the exigency de- mands. Let this Assembly do their whole duty ; let them lift up a voice of strength ; let them send out a loud note of alarm ; let them determine, in the strength of the Lord, to carry out, in their practical relation to the Sabbath, the true principles of Christian discipline, and the whole Church may be cleansed, the Sabbath reinstated, and this great and guilty nation saved. Till this is done, the power of every other Christian enterprise will be circumscribed and fluctuating. Nothing that is pure and holy can flourish without the Sabbath. The Sabbath reform is the fundamen- tal enterprise. It is utterly vain to think of substituting any other con- OF THE SANCTIFICATION OF THE LORD'S DAY. 763 servative power. The question of rescuing the Sabbath from genera] profanation is, absolutely, a question of life and death to every Christian denomination in the world. Such is the momentous nature of the subject under consideration. Your Committee rejoice that in this work all hearts may unite and every minor difference be forgotten. Here is common ground. The Sabbath of the Lord is the inheritance of all true Chris- tians, and there is work enough for all. The Church must revive her wholesome discipline. The ministry must cry aloud and spare not. The press must be enlisted — the whole community aroused. The entire instru- mentality which God has prepared for preserving his own institutions must be called forth, and kept in untiring requisition. For the purpose of enabling the General Assembly more effectually to speak their senti- ments to the churches and the nation, your Committee recommend the adoption of the following resolutions: 1. Resolved, That the observance of the Sabbath is indispensable to the preservation of civil and religious liberty, and furnishes the only security for eminent and abiding prosperity, either to the Church or the world. 2. Resolved, That the growing desecration of the Sabbath in our country must be speedily arrested, and the habits of the community essentially reformed, or the blessings of the Sabbath, civil, social and religious, will soon be irrecoverably lost. 3. Resolved, That inasmuch as the work of a general reformation be- longs, under God, to the Christian Church, it is the duty of the Church to apply the corrections of a firm and efficient discipline to all known viola- tions of the Sabbath on the part of her members. 4. Resolved, That inasmuch as ministers of the gospel must act a con- spicuous part in every successful effort to do away the sin of Sabbath- breaking, it is their duty to observe, both in their preaching and their practice, the rule of entire abstinence from all profanation of the Lord's day, studiously avoiding even the appearance of evil. 5. Resolved, That in the judgment of this General Assembly, the own- ers of stock in steamboats, canals, railroads, etc., which are in the habit of violating the Sabbath, are lending their property and their influence to one of the most widespread, alarming and deplorable systems of Sabbath des- ecration which now grieves the hearts of the pious, and disgraces the Church of God.^ That it be respectfully recommended to the friends of the Lord's day, as soon as possible, to establish such means of public conveyance as shall relieve the friends of the Sabbath from the necessity under which they now- labor, of traveling at any time in vehicles which habitually violate that holy day, and thus prevent them from being in any way partakers in other men's sins in this respect. 6. Resolved, That the power of the pulpit and the press must be imme- diately put in requisition on behalf of a dishonored Sabbath, that the mag- nitude and remedy of the evils which its violation involves may be fully understood by the whole community. 7. Resolved, That this Assembly solemnly enjoin it upon the churches under their care to adopt, without delay, all proper measures for accom- plishing a general and permanent reformation from the sin of Sabbath- breaking and all its attendant evils. 8. Resolved, That a Committee of one from each Synod under the care of this Assembly be now appointed to hold correspondence with ministers and churches, for the purpose of carrying out and applying the leading principles of the foregoing report and resolutions. 9. Resolved, That the foregoing report and resolutions be published in 764 THE DIRECTORY FOR WORSHIP. such newspapers, secular and religious, as are friendly to the observance of the Sabbath. 10. Resolved, That all the ministers in the bounds of the General As- sembly be requested to read the document on the Sabbath from their sev- eral pulpits, and preach on the whole subject which it embraces on or be- fore the third Sabbath of September next. — 1836, p. 281. 2. For the better Observance of the Sabbath. The Committee to whom was referred Overture No. 5, to wit, A memo- rial from the Presbytery of Cleveland on the subject of Sabbath mails, having been instructed to report on the general subject of Sabbath dese- cration, submit the following : In the deliberate judgment of your Committee, it is an unquestionable fact that, in despite of all which has been said and done to check it, the profanation of the Lord's day is, on the whole, increasing. There are, in- deed, some local and cheering exceptions to this remark, which we are happy to acknowledge. As a national sin, however, it steadily gathers strength, and puts on a more unblushing face every year. We hear much of the moral machinery which has been set in motion for the salva- tion of our country and of the world — of the blessed light of the nine- teenth century, and the glory of our free institutions. Too often do we seem to forget that the very institution which is the chief support of lib- erty, learning and religion, is itself standing in fearful jeopardy. All those whose lot is cast in any of the great centres of business, or on any of the principal avenues of intercommunication, know that what your Committee assert is true. Their own eyes have seen it, their own ears have heard it, and their hearts have bled over it a thousand times. It is, in fact, universally conceded, that the desecration of the Sabbath has be- come a giant evil, calling loudly for the most efficient measures of reform. Your Committee desire not unnecessarily to publish the faults of the Christian Church. But they are compelled to confess, that in many parts of the country the frequent violations of the Sabbath by ministers of the gospel, and by other professors of religion, is a serious obstacle in the way of all attempts at radical and permanent reformation. Till the ministry and the Church have purified themselves, all else will be, as it has been, " beating the air." Traveling on the Sabbath, a practice to which the convocation of the highest judicatory of our Church lends its guilty sanction ; voluntary participation in enterprises and improvements which are prosecuted at the expense of the Sabbath ; the legalized pro- fanation of this holy day by the transmission of the mail on all the prin- cipal routes ; and the frequent neglect of Church discipline, are among the many causes of the rapid spread of this enormous evil. The bare enumeration of these causes suggests the proper remedy. Resolutions, addresses, conventions, and all the stirring appeals which the subject has called forth, are, by themselves, utterly ineffectual. The leviathan with which we are now contending is not to be so tamed. A more potent cor- rective must be applied, or we shall become more and more a nation of Sabbath-breakers. The Church undoubtedly possesses the power to cleanse her own garments, and till she has done this, she has no strength to put on for the reformation of others. Having done this, the next step will be to lift up a united voice against all that immoral legislation be- hind which the sin of Sabbath-breaking now stands entrenched. What has been found true in the " Temperance Reform," will be found true in the "Sabbath Reform." The sanction of law must be removed from . OF THE SAKCTIFICATION OF THE LORD'S DAT. 765 every evil which you would frown upon and exterminate. To do this, the public mind must be waked up, and held awake till the combined en- ergy of patriotism and piety is enlisted and pledged for the protection of the Sabbath against every tangible form of profanation and abuse. Your Committee accordingly recommend for your adoption the following res- olutions, viz. : Resolved, That this Assembly regard the prosecution of a journey on any part of the Sabbath, whether by ministers, elders or church mem- bers, for the sake of convenience or of avoiding expense, as deserving of special notice and unqualified disapprobation. Resolved, That this Assembly affectionately urge upon all the judi- catories of the Church to take suitable measures for enforcing the wise discipline of the Church against all violations of the Sabbath within their own cognizance and jurisdiction. Resolved, That it is the duty of the Christian ministry to unite in more concentrated and persevering effort to assert the claims of the Christian Sabbath upon the habitual regard of the whole community. Resolved, That the Assembly will give its most cordiai approbation to any and every wise plan for uniting the sympathies and strength of all evangelical denominations in defence of the Christian Sabbath. Resolved, That a Committee of nine be appointed to correspond with other evangelical denominations on the subject of measures for promoting a better observance of the Lord's day. Resolved, That the clerks of this Assembly be requested to cause these resolutions to be officially published and circulated as widely as possible, through the religious press, and that all ministers within our bounds be requested to present them before their respective congregations. — 1838, pp. 658, 659, K S. [See also Minutes, 1840, p. 14 ; 1843, p. 13 ; 1846, p. 15, N. S. ; 1859, p. 534 ; 1861, p. 316, O. S., for substantially the same action. 3. Church Sessions enjoined to greater Fidelity. The Committee on Bills and Overtures made a report on the subject of the Sabbath, which was adopted, and is as follows : The Assembly are at a loss what to say more than what they have repeat- edly said, by way of urging on all our churches and congregations, and the community generally, a better observance of the holy Sabbath. Of its divine original and authority we have no doubt. Nor can we doubt its indisputable necessity in keeping up the institutions of religion, and pro- moting the cause of salvation and pure morality. What could we do without the Sabbath ? And where, in half a century, will be our glorious civil and religious liberty, if the terrible process of Sabbath desecration be permitted to go on as it has done for the past ten years? Let the his- tory of other nations answer. Let the fearful declarations of God's word admonish us to anticipate the result. " For the nation and kingdom that will not serve thee shall perish." While, therefore, we earnestly entreat our fellow-citizens of every class "to remember the Sabbath day to keep it holy," the Assembly do hereby, in a special manner, enjoin it upon the church sessions to watch over their brethren with tenderness and great fidelity in respect to the observance of the Sabbath ; and to exercise wholesome discipline on those who, by traveling or other ways, presume to trample upon this sacred institution. And we further enjoin it upon the Presbyteries annually to institute in- quiries of the eldership as to the manner in which this injunction has been attended to in their respective churches. — 1853, p. 323, N. S. 766 THE DIRECTORY FOR WORSHIP. 4. Resolutions on the Sanctification of the Sabbath. Resolved, 1. That, inasmuch as "the Sabbath was made for man," by the omniscient God, and is indispensable to our highest social, civil and religious welfare, this General Assembly regards it as not only the duty, but the right and privilege of all men to " remember the Sabbath day to keep it holy." 2. That, as the law of the Sabbath is divinely given, without limitation of time, and unrepealed, its claims for our obedience are supreme and perpetual. 3. That, in order to give full power to the gospel in the salvation of souls, professors of religion, and ministers of the gospel especially, should carefully sanctify the Lord's day, and give no countenance, directly or indirectly, to its desecration. 4. That the physical and mental, as well as moral interests of man demand the day of holy rest; and that the entire community should manifest a grateful appreciation of this gift of heaven, by an unperverted sacred observance of the Christian Sabbath. 5. That, at this time of public strife, of fearful anxiety and suffering, while we are heartily loyal to our Government, we should most sincerely deprecate and deplore any unnecessary labor, review or battle on the Lord's day; lest, by disloyalty to God, we dishonor him, incur his fierce indignation, and, as a sad result, meet with signal defeat to our arms, and terrible calamities to our nation, from Him who is the God of battles and of nations, and who honors them that honor him. 6. That it be earnestly requested of all the pastors of our churches, fully to instruct their people as to the duty and importance of carefully sanctifying the entire Sabbath, individually, in the family, and in the community ; in order that its healthful instructions, and its holy, saving influence, may everywhere permeate the State, the nation and the world. 7. That each pastor and stated supply of our churches be requested, at some time during the present year, to preach especially upon the Sanctifi- cation of the Christian Sabbath.— 1863, pp. 245, 246, N. S. These Deliverances Reaffirmed. — Opening of Sabbath Art Galleries Dis- approved of. In answer to overture, the Committee recommend that in view of former frequent and full deliverances of the Assembly on the observance of the Sabbath, there is no necessity for further action at the present time, except to reaffirm these deliverances, and to adopt the following: Resolved, That this General Assembly express their disapproval of the opening on the Sabbath of art galleries, places of recreation and amuse- ment, and all such libraries and reading rooms as by offering secular read- ing invite men to violate the command of God, that men " Remember the Sabbath day to keep it holy." Adopted.— 1872, p. 71. [See also Form of Government, chap, xii., sec. v.; Pastoral Letters 8 and 16.] This Assembly now reaffirms the deliverances of previous Assemblies, regarding the sacredness of the Sabbath. — 1873, p. 564. 5. Traveling on the Sabbath Condemned. Resolved, That this Assembly view with unfeigned sorrow and regret the practice of traveling, by professors of religion and others, on the Sabbuth day, and that it considers all such traveling, which is not strictly OF THE SA^CTIFICATION OF THE LORIES DAY. 767 included in works of necessity and mercy, as a direct violation of the law of God.— 1850, p. 482, O. S. 6. Decoration of Soldiers' Graves upon the Sabbath Disapproved. a. Resolved, That while this Assembly sympathize most heartily with the noble and touching tribute to be paid to the memory of our buried sol- diers whose lives were sacrificed in the cause of the Union, as, under the auspices of the Grand Army of the Republic, their graves are to be deco- rated with floral offerings, yet we enter our most earnest protest against the proposed unnecessary desecration of the Sabbath for this purpose ; and urgently request the proper authorities to appoint the next Saturday as the time for this interesting ceremony. A Committee, consisting of the Rev. Zephaniah Humphrey, D. D., the Rev. Benjamin W. Chidlaw, and Mr. Frederick Starr, was appointed to report this action of the Assembly to the officers of the Grand Army, and to make such further publication as may seem to be called for. — 1869, p. 259, N. S. b. The Committee on communicating with " the Grand Army of the Republic," reported a paper which was adopted, and is as follows : The General Assembly of the Presbyterian Church takes great pleas- ire in acknowledging the invitation of the Kings County Department of the Grand Army of the Republic to attend and take part in the cere- mony of decorating the graves of our dead soldiers on Monday next. It gives us great pleasure to observe that this ceremony is not to take place on the Sabbath ; and we recommend that as many of the members of the Assembly, as can be spared from their other duties, shall engage in offering this beautiful and appropriate tribute of patriotic memory and love.— 1869, p. 282, N. S. c. Resolved, That a Committee be appointed to confer with the proper authorities connected with the Grand Army of the Republic, and urgently to request that the day be changed from Sabbath (30th) to Saturday, 29th. Ministers W. C. Anderson, D. D., A. L. Blackford, and Smith F. Grier, with Ruling Elders Van Cleve and Morris Patterson, were appointed as said Committee.— 1869, p. 900, O. S. The report of the Committee was adopted, viz. : The Committee appointed to confer with the authorities with reference to a change in the day designated for decorating the graves of our fallen soldiers, reports that it waited on the Committee having this matter in charge in this city, and laid before it the action of this Assembly, but was informed by the secretary that arrangements had been already completed for performing the ceremony on the Sabbath, and that no change could be made. Yet your Committee rejoices that a change has been made in several of the surrounding cities, and that a general order has been sent forth requiring a change in all the principal cities of our country; also, that the President of the United States has ordered such a change in the District of Columbia.— 1869, p. 920, O. S. III. Let the provisions, for the support of the family on that day, be so ordered, that servants, or others, be not improperly detained from the public worship of God ; nor hindered from sanctifying the Sabbath. IV. Let every person, and family, in the morning, by secret and private prayer, for themselves and others, especially for the assist- 768 THE DIRECTORY FOR WORSHIP. ance of God to their minister, and for a blessing upon his ministry, by reading the Scriptures, and by holy meditation, prepare for com- munion with God in his public ordinances. V. Let the people be careful to assemble at the appointed time ; that, being all present at the beginning, they may unite, with one heart, in all the parts of public worship; and let none unnecessarily depart, till after the blessing be pronounced. VI. Let the time, after the solemn services of the congregation in public are over, be spent in reading ; meditation ; repeating of ser- mons; catechising; religious conversation ; prayer for a blessing upon the public ordinances ; the singing of psalms, hymns, or spiritual songs ; visiting the sick ; relieving the poor, and in performing such like duties of piety, charity, and mercy. 1. Instruction in the Holy Scriptures. Resolved, 1. That it be recommended, and it is hereby recommended, earnestly to the ministers and sessions which are in connection with the General Assembly, to pay especial attention to this subject, and provide without delay for the stated instruction of the children and youth in the sacred Scriptures within their respective congregations. Resolved, 2. That although the particular manner of instruction and recitation in the congregations ought to be left to the discretion of their ministers and sessions respectively; yet as some degree of uniformity is desirable in a business of so much magnitude, it is recommended as the most effectual means of promoting the knowledge of the Holy Scriptures, that in all our churches, classes be formed of the youth to recite the Scriptures in regular order; that the recitations, if convenient, be as often as once a week, and from two to five chapters appointed for each recita- tion ; that the youth be examined on, 1. The history of the world, but more especially of the Church of God, and of the heathen nations who were God's agents in accomplishing his purposes toward his Church. 2. Persons noted for their piety or ungodliness, and the effects of their example in promoting or injuring the best interests of mankind. 3. Doctrines and precepts, or "what man is to believe concerning God, and what duty God requires of man." 4. Positive ordinances, or the directions which God has given as to the way in which he is to be worshiped acceptably. 5. The particular features of character of which the Spirit of God has given notice, both in wicked and good persons ; in the last particularly regarding those who were types of Christ, and in what the typical resem- blance consisted. 6. The gradual increase from time to time of information concerning the doctrines contained in the Scriptures ; noting the admirable adapta- tion of every new revelation of doctrine to the increased maturity of the Church. The nature of God's law, its immutability, as constituting an everlasting rule of right and wrong, the full and perfect illustration of its precepts given by Christ. 7. The change which God has made from time to time in the positive ordinances, together with the reasons of that change. The difference between the moral law, and those laws which are positive. 769 8. The illustrations of the divine perfections in the history, biography, doctrines and precepts, together with the positive ordinances of the Scrip- tures. 9. The practical lessons to regulate our conduct in the various relations of life. On all these particulars the meaning of the words used in Scripture must be ascertained, and thus we may understand what we read. Resolved, 3. That the Presbyteries under the care of the Assembly be directed to take order on this subject, and they are hereby informed that this is not to come in the place of learning the Catechism of our Church, but to be added to it, as an important branch of religious education. — 1816, p. 627. 2. On Sabbath Schools and Instruction of the "Young-. a. In all parts of the Church, Sunday-schools are established, and there is but one sentiment respecting them. The Assembly consider them as among the most useful and biessed institutions of the present day. They have a most extensive reforming influence. They apply a powerful cor- rective to the most inaccessible portions of the community. They begin moral education at the right time, in the best manner, and under the most promising circumstances. They act indirectly, but most powerfully, upon teachers and parents, and frequently become the means of bringing them to the church, and to the knowledge and love of the truth. Sunday- schools are highly useful everywhere ; but they are peculiarly adapted to new and destitute regions of the Church. The plan is simple, and easily accomplished. It requires comparatively little knowledge and experience to conduct them with ability. Very much good has been accomplished by the instrumentality of young ladies and gentlemen. The pleasing scene is often witnessed in some of our new settlements, of large meetings of children on the Lord's day, in schoolhouses, or beneath the shade of the original forest. The voice of praise and prayer is heard, and the word of the living God is proclaimed, amid the most beautiful works of his hand. —1824, p. 129. b. Resolved, That the General Assembly do cordially approve of the design and operations of the American Sunday-School Union ; and they do earnestly recommend to all ministers and churches under their care to employ their vigorous and continued exertions in the establishment and support of Sabbath-schools. — 1826, p. 181. c. Resolved, 1. That the Assembly regard the religious education of youth as a subject of vital importance, identified with the most precious interests and hopes of the Christian Church. 2. That the present indications of divine Providence are such as im- periously to demand of the Christian community unusual effort to train up the rising generation in the nurture and admonition of the Lord. 3. That the Board of Missions be and hereby are instructed to enjoin it on their missionaries sedulously to attend to the religious education of the young; and particularly that they use all practical efforts to establish Sabbath-schools; and to extend and perpetuate the blessings of Sabbath- school instruction. 4. That the system of Sabbath-school instruction, now in prevalent and cheering operation, be and hereby is most earnestly recommended to the attention of the pastors and sessions of all our churches. 5. That the Presbyteries be and hereby are enjoined to make the pro- gress of the Sabbath-school cause within their bounds the subject of special 770 THE DIRECTORY FOR WORSHIP. inquiry, and annually to transmit the results of such inquiry to the Gen- eral Assembly. 6. That inasmuch as the advantages of the Sabbath-school may, in some cases, be the occasion of remissness in the important duty of family instruction, it be and hereby is earnestly recommended to heads of fami- lies not to relax in their personal religious efforts at home, and in the do- mestic circle ; but that they abound more and more in the use of all ap- propriate means, to promote sound knowledge and experimental piety, in every member of their households. 7. That as there is reason to apprehend that the Catechisms of this Church have not, in some parts of our Zion, received that measure of at- tention to which their excellence entitles them, it be and hereby is recom- mended to pastors, sessions, heads of families, superintendents of Sabbath- schools, and all charged with the education of youth, in our connection, to give these admirable summaries of Christian truth and duty a prominent place in their instructions to the youth and children under their care. 8. That it be and hereby is recommended to the pastors and sessions of our churches to make themselves acquainted with the system of infant school instruction, now in happy progress in many places, and if practica- ble to establish such schools in their congregations. — 1830, p. 303, 304. 3. Catechetical Instruction Enjoined. a. Resolved, That as there is reason to apprehend that the catechisms of this Church have not in some parts of our Zion received that measure of attention to which their excellence entitles them, it be, and hereby is recommended to pastors, sessions, heads of families, superintendents of Sabbath-schools, and all charged with the education of youth, in our con- nection, to give these admirable seminaries of Christian truth and duty a prominent place in their instructions to the youth and children under their care.— 1830, p. 304. b. Resolved, That the use of the catechism in the religious instruction of the young, and of the children under the care of the Church, be affection- ately and earnestly recommended to the sessions in connection with the General Assembly, as the most effectual means under God of preserving the purity, peace, and unity of the Church. — 1832, p. 372. c. The following resolutions on the subject of catechetical instruction were unanimously adopted, yiz. : Resolved, 1. That this General Assembly consider the practice of cate- chetical instruction as well adapted to the prosperity and purity of our Zion. Resolved, 2. That this Assembly view also with deep regret the neglect, on the part of many of our churches, of this good old practice of our fathers; a practice which has been attended with such blessed results to the cause of pure and undefiled religion. Resolved, 3. That the institution of Sabbath-schools does not exonerate ministers and parents from the duty of teaching the Shorter Catechism to the children of the Church. Resolved, 4. That this Assembly earnestly and affectionately recommend to all ministers and ruling elders in its connection to teach diligently the young of their respective congregations the Assembly's Shorter Cate- chism.— 1849, p. 181, N. S. d. Resolved. That the Assembly regard Christian training at all periods of youth and by all practicable methods, especially by parents at home, by teachers in institutions of learning, and by pastors through catecheti- cal and Bible-classes, as binding upon the Church according to the injunc- OF THE SANCTIFICATION OF THE LORD'S DAY. 771 tion, "Train up a child in the way he should go," and as having a vital connection with the increase of numbers and efficiency of the ministry and of the stability and purity of the Church. — 1854, p. 30, O. S. e. Resolved, That this Assembly recommend that the Westminster As- sembly's Catechism be introduced as a text-book into all the Sabbath- schools under our supervision and control, where it is not now used. — 1866, p. 278, N. S. 4. Relation of Sabbath-schools to the Family. We are pleased to find that our Sabbath-school system appears to be gaining upon the confidence of the churches, but we caution heads of families against the idea that their duties may be delegated to the Sab- bath-school teacher. The obligations of parents are in transferable. The teacher is not the parent's substitute, but his helper; and it is equally the duty of the parent to superintend the instruction of his family, as though there were no such thing as a Sabbath-school. — 1840, p. 310, O. S. [See also 1846, p. 221, O. S., and 1854, p. 183, O. S.] 5. Relation of the Sabbath-school to the Session. a. These schools should always be under the direction of the pastor and session, and they should see to it that our catechisms constitute, in all cases, a part of the regular course of instruction. — 1840, p. 310, O. S. b. The Sabbath-school — like all the religious institutions and agencies of each individual church — is and ought to be under the watch and care of the session, and should be regarded not as superseding but as co-ope- rating with the entire system of pastoral instruction, the responsibilities of which it should not in any manner diminish. — 1863, p. 241, N. S. c. The Assembly resumed the unfinished business, being the consider- ation of the report of the Committee on Sunday-schools, which was amended, adopted, and is as follows : The Committee to whom were entrusted the special report of the Com- mittee of the last Assembly on Sunday-schools, and the memorial of the Synod of Michigan on the same subject, respectfully report : That they have carefully considered the papers committed, and are of opinion that the subject therein presented, and the suggestions made thereon, call for the earnest deliberation and mature action of this As- sembly. The labors of individuals and churches on behalf of Sunday- schools, in the provisions admirably devised for their accommodation, in the literature or music provided for their use, in the development of tal- ents and influences especially adapted to interest and operate on the minds there gathered, and in concerts of prayer, have conspired to lift the institution into a position of prominence and power never before occupied, and promising yet greater growth and larger good. This fact seems to require that a more distinct recognition of the Sunday-school agency be made in our Assembly reports, and that its relation to the Church and its authorities be more clearly defined. While experience has demonstrated the vast capacities for good that lie in the Sunday- school, and which ought to be more fully unfolded, it has in various ways, also, admonished us of evils which ought to be guarded against and avoided. The danger is, that the Sunday-school may become detached from its proper connection with the Church and its authorities, and assume an independence which must prove, in the end, injurious both to itself and the Church. This severance has, we learn, actually taken plac in some instances, 772 THE DIRECTORY FOR WORSHIP. and the proper shepherd of the flock can appear before the lambs only by the sufferance of the superintendent; and so the young, cut off from their appointed spiritual guardians, are exposed to influences which cannot be brought under proper supervision and control. We would recommend, therefore, that the Assembly adopt and act upon the resolutions presented in the papers that we have in charge, thereby bringing this important in- stitution within their constant purview, and doing what they can to de- velop and impress its great importance upon the hearts of the Church. Resolved, 1. That it belongs emphatically to the pastor and elders of each congregation to direct and supervise the whole work of the spiritual training of the young, and that it is an important part of the functions of their office both to encourage parents to fidelity in bringing up their chil- dren in the nurture and admonition of the Lord, and also to secure the co-operation of all the competent members of the Church in the religious education of all the children and youth to whom they can gain access. 2. That great attention ought to be paid to the work of inculcating les- sons from the sacred Scriptures, and of fixing in the memory the Cate- chisms of our Church both as to its doctrine and polity; and still further, of combining all the schools of a congregation in united worship as far as possible, and especially of leading them to Jesus in the exercise of a living faith and continued reliance on the Holy Spirit. 3. That to the above end we would further recommend to the pastors that they adapt, wherever practicable, the second discourse of every Sabbath, particularly to the young of their flock ; thus affording to this, the most susceptible and hopeful portion of their fields, at least one-half of their time and labor, and giving their children distinctly to feel that they have a place, no less in the sanctuary than in the Sunday-school, both for wor- ship and instruction. 4. That church sessions be required to furnish in their statistical re- ports a full account of the number of Sunday-school scholars and teach- ers in their respective congregations, to be embodied in the Assembly's minutes. 5. That a Permanent Committee of the Assembly be appointed, whose duty it shall be to take charge of this great interest, and to report what- ever may quicken and stimulate the Church in its duty of training the young according to the word of God. 6. That this General Assembly earnestly recommend to the pastors of the churches within its bounds to present before their congregations, in one or more discourses, the relation of baptized children to the Church, and the reciprocal duties between parents and children growing out of this relation, as defined in the word of God and declared in the doctrines of our Church. 7. That it is exceedingly desirable that the entire congregation, old and young, be permanently connected with the Sunday-school, either as schol- ars or teachers.— 1864, pp. 507, 508, N. S. [See Directory for Worship, chap, xvi., sec. v.] d. The Committee to whom were referred certain resolutions on the sub- ject of Sabbath-schools, would respectfully report the following minute: The Sabbath-school, in its original design, as it lay in the mind of its founder, was simply a means of imparting instruction to the children of the poor. While that great purpose should never be lost sight of, yet the institution has grown to be an important auxiliary to the Church in the instruction and religious culture of her children. As such, it naturally comes under the direction of the pastor and session of each church, and they should ever be recognized as its proper guardians and supervisors. OF THE SAXCTIFICATIOX OF THE LORD'S DAY. 773 Tbey have no more right, to relinquish this solemn responsibility than they have to give up the care, and discipline, and instruction of the Church. He who said to his apostle, "Feed my sheep," said also, "Feed my lambs." With this obvious fact of the responsibility of pastors for the children of their churches, the General Assembly does hereby set forth the following principles as guides to pastors and sessions in fulfilling their duties in respect to the Sabbath-school work. 1. The pastoral office involves the practical supervision of the Sabbath- school. The pastor should frequently, if not constantly, be present to counsel and aid those who may under him be engaged in the work of instruction. 2. While the holy Bible is the great text-book of the Sabbath-school, it is eminently fitting that the summary of Christian doctrine as contained in our admirable Shorter Catechism should also be taught, and that a lesson therefrom should be recited at least once a month, and that at least once in a quarter the pastor himself should examine the whole school therein, adding thereto such explanations and illustrations as may to him seem proper. 3. The books of the Sabbath-school library should be wholly subject to the supervision of the pastor and ruling elders, and no work, except it be published by our Board of Publication, shall be admitted, which they have not approved. In this examination care should be taken that no book receives their sanction which might give the minds of children a bias unfavorable to the order, doctrine and practices of our Church, or which might beget a taste for frivolous literature, or which does not impart some weighty truth or important information. 4. In addition to the exercises of the Sabbath-school, every pastor should- hold frequent meetings, especially for the children, in which the addresses and services are adapted to their intellectual capacities and wants. 5. Presbyteries are hereby enjoined, in their annual inquiry into the state of the churches within their bounds, to ascertain whether these prin- ciples are adhered to, and how far they are carried into practice. 6. The Assembly furthermore recognizes the importance of securing for those engaged in the work of Sabbath-school instruction all the aids that may have been prepared either in our own country or abroad, whether in illustration or explanation of the doctrines of the word of God, or in reference to the conduct and discipline of the church, or in regard to the best methods of securing its prosperity and largest success. For this pur- pose the Board of Publication is directed to add to their list of works all such helps to Sabbath-school instruction as may be found valuable and useful, either by the republication of standard foreign works, or the issue of those which may be obtained from authors at home, and to procure for the use of pastors and teachers, at their request, such works published by other societies or establishments as may be valuable auxiliaries in the great work of the Sabbath-school. 7. It should be the aim of all engaged in the religious culture of the young, whether parents or guardians, or pastors and teachers, to counter- act, as far as possible, the tendencies of the age to unhealthy excitements, to a vapid and enervating literature, which only enfeebles and demoralizes the mind, and often corrupts the heart; to induce the youth under their care to seek for sound and wholesome doctrine; to correct their taste; to beget in them a love for those noble and substantial works which were the food on which our fathers fed, and by Which they grew into a strength and greatness which has made them ever after to be remembered. — 18G7, p. 351, 0. S. 774 THE DIRECTORY FOR WORSHIP. CHAPTER II. OF THE ASSEMBLING OF THE CONGREGATION AND THEIR BE HAVIOR DURING DIVINE SERVICE. I. When the time appointed for public worship is come, let the people enter the church, and take their seats in a decent, grave, and reverent manner. II. In time of public worship, let all the people attend with grav- ity and reverence; forbearing to read anything, except what the minister is then reading or citing; abstaining from all whisperings, from salutations of persons present, or coming in ; and from gazing about, sleeping, smiling, and all other indecent behavior. 1. Posture in Public Prayer. a. On an overture from the Presbytery of Philadelphia, asking the Assembly to adopt measures for arresting or abating the growing evil of sitting in public prayer, the Assembly took action, viz. : While the posture of standing in public prayer, and that of kneeling in private prayer, are indicated by examples in Scripture, and the gen- eral practice of the ancient Christian Church, the posture of sitting in public prayer is nowhere mentioned, and by no usage allowed ; but on the contrary, was universally regarded by the early Church as heathen- ish and irreverent, and is still, even in the customs of modern and West- ern nations, an attitude obviously wanting in the due expression of rev- erence ; therefore this General Assembly Resolve, That the practice in question be considered grievously im- proper, whenever the infirmities of the worshiper do not render it neces- sary ; and that ministers be required to reprove it with earnest and per- severing admonition. — 1849, p. 255, O. S. b. Reaffirmed by the Assembly of 1857, p. 38, O. S. c. An overture "from the Presbytery of Michigan in relation to posture in prayer and praise, with the answer that action is inexpedient, which was adopted.— 1870, p. 28. See 1854, p. 509, N. S. CHAPTER III. OF THE PUBLIC READING OF THE HOLY SCRIPTURES. I. The reading of the Holy Scriptures, in the congregation, is a part of the public worship of God, and ought to be performed by the ministers and teachers. II. The Holy Scriptures of tfic Old and New Testament shall be publicly read, from the most approved translation, in the vulgar tongue, that all may hear and understand. OF THE SINGING OF PSALMS. 775 III. How laige a portion shall be read at once, is left to the dis- cretion of every minister : however, in each service, he ought to read at least one chapter ; arid more, when the chapters are short, or the con- nection requires it. He may, when he thinks it expedient, expound any part of what is read : always having regard to the time, that neither reading, singing, praying, preaching, or any other ordinance, be disproportionate the one to the other ; nor the whole rendered too short, or too tedious. Overtured, That every minister, in their respective congregations, read and comment upon a chapter of the Bible every Lord's day as discretion and circumstances of time, place, etc., will admit. Adopted. — 1707, p. 10. 2. Resolved, That this Assembly do hereby enjoin on all ministers of churches under their care, a strict and regular observance of the third article in the Directory for Public Worship, and they further recommend to all the Presbyteries in connection with this General Assembly, that they inquire at least once in every year, at a stated meeting, how far the regulations in said article have been observed ; and if, in any instances, overlooked or neglected, that they take measures to have the same prop- erly observed.— 1839, p. 166, O. S. . CHAPTER IV. OF THE SINGING OF PSALMS. I. It is the duty of Christians to praise God, by singing psalms, or hymns, publicly in the church, as also privately in the family. 1. Early Action on the Subject of Psalmody. a. A query was brought in, in these words : " As sundry members and congregations within the bounds of our Synod, judge it most for their edification to sing Dr. Watts's imitation of David's Psalms, does the Synod so far approve said imitation of David's Psalms as to allow such ministers and their congregations liberty of using them?" As a great number of this body have never particularly considered Dr. Watts's imitation, they are not prepared to give a full answer to the ques- tion. Yet as it is well approved by many of this body, the Synod have no objection to the use of said imitation by such ministers and congrega- tions as incline to use it, until the matter of psalmody be further consid- ered. And it is recommended to the members of this body to be pre- pared to give their sentiments respecting; this subject at our next meet- ing.— 1763, p. 331. b. After some consideration of the query concerning the use of Dr.. Watts's imitation of the Psalms, the Synod judged it best, in present cir- cumstances, only to declare that they look on the inspired Psalms in Scrip- ture, to be proper matter to be sung in divine worship, according to their original design and the practice of the' Christian Churches, yet will not for- bid those to use the imitation of them whose judgment and inclination leads them to do so. — 1765, p. 345. 776 THE DIRECTORY FOR WORSHIP. c. The Committee appointed to converse with the parties in the Second Presbyterian Church in this city differing about psalmody, report : " That they have taken opportunities of conversing with both parties, so far as the time and circumstances would permit, and that they do not think the Synod should directly judge of the merits of the appeal, so as to affirm 01 disapprove the several distinct propositions laid down by the Presbytery in their judgment; but as there is not now time to consider fully the dif- ferent versions of the Psalms in question, and there are minutes of Synod formerly which countenance congregations in determining this matter according to their own choice, they cannot make any order to forbid the congregation to continue the practice now begun." Which being con- sidered was approved ; and the Synod on this occasion think proper earn- estly to recommend to both parties peace and harmony, and to forbear all harsh sentiments and expressions, and in particular that neither of them intimate that either of the versions in question is unfit to be sung in Chris- tian worship. — 1773, p. 448. d. A motion was made in the following terms, viz. : " Whereas the nearest uniformity that is practicable in the external modes of divine worship is to be desired, and the using different books of psalmody is mat- ter of offence, not only to Presbyterians of different denominations, but also to many congregations under our care; it is queried, if the Synod might not choose out, and order some of their number to take the assist- ance of all the versions in our power, and compose for us a version more suitable to our circumstances and taste than any we yet have;' : which, having been read, and seconded, after some conversation thereon, the question was put, whether to appoint a Committee, or defer, and was car- ried by a small majority to appoint. Whereupon Dr. Allison, Dr. David- son, Dr. Ewing, Mr. Blair and Mr. Jones, were appointed a Committee for that purpose, who are to make report of their diligence herein at our next meeting. — 1785, p. 513. [Apparently in consequence of this appointment the following minute was adopted :] e. The Synod did allow, and do hereby allow, that Dr. Watts's imita- tion of David's Psalms, as revised by Mr. Barlow, be sung in the churches and families under their care. — 1787, p. 535. /. In respect to the psalmody, the Synod have allowed the use of the imitation of the Psalms of David for many years, to such congregations as choose them, and still allow of the same, but they are far from disap- proving of House's version, commonly called the Old Psalms, in those who were in the use of them and chose them, but are of opinion that either may be used by the churches, as each congregation may judge most for their peace and edification, and therefore highly disapprove of public, severe and unchristian censures being passed upon either of the systems of psalmody, and recommend it to all ministers in those parts of the Church, to be more tender and charitable on these heads. — 1787, p. 537. 2. "Watts' Hymns Allowed.— D wight's Revision Approved and Allowed. Whereas, The version of the Psalms made by Dr. Watts, has heretofore been allowed in the congregations under the care of the General Assem- bly, it is now thought expedient that the hymns of Dr. Watts be also allowed ; and they are accordingly hereby allowed in such congregations as may think it expedient to use them in public and social worship; and whereas, the lie v. Dr. Timothy D wight, by order of the General Associa- OF THE SINGING OF PSALMS. i / / tion of Connecticut, has revised the version of the Psalms made by Dr. Watts, and versified a number omitted by him, and has also made a selec- tion of hymns from various authors, which, together with the Psalms, were intended to furnish a system of psalmody for the use of churches and families, which system has been revised and recommended by a joint Committee of the General Assembly and the General Association of Con- necticut heretofore appointed, as well as examined and approved by a Committee of this present Assembly ; the said system is hereby cheerfully allowed in such congregations and churches as may think it for edification to adopt and use the same. — 1802, p. 249. 3. Use of other Psalms and Hymns not Forbidden. — Sessions and Presbyteries to take Supervision. Your Committee are of opinion, that the General Assembly of the year 1802, in their resolution on this subject, did not intend that the churches under their care should use no other psalms and hymns than those speci- fied in the resolution. It is further the opinion of your Committee, that when any families or congregations in their religious worship make use of hymns containing erroneous doctrine or trivial matter, it becomes the duty of church sessions and Presbyteries to inquire into the matter, and act as the case may require. Approved. — 1806, p. 360. 4. Book of " Psalms and Hymns." [In 1819, p. 716, the subject of psalmody was considered, and referred to the next Assembly. The Committee appointed by the Assembly of 1820, Drs. Caldwell and Eomeyn, and Mr. Andrew Wylie, presented the following report, which was adopted :] Psalmody has in all ages been considered a most important part of the worship of God. The Church, therefore, has ever been careful to preserve its purity for the edification of her members ; whilst they who have de- parted from the faith once delivered to the saints, have availed them- selves of it to accomplish their divisive plans with the best success. Mind- ful of their duty in this matter, the General Assembly have, from time to time, authorized the use of Rouse's version of the book of Psalms, Watts's imitation of the Psalms of David, with his three books of hymns, Barlow's alterations of, and additions to Watts's imitation, and D wight's revision of Watts, with his additional versifications and collections of hymns, in the churches under their care. Whilst the Committee grant that each of these systems of psalmody has its excellences, they respectfully recommend that one uniform system of psalmody be prepared, under the direction of the Assembly, for the use of the churches under their care. They believe that the time has come when such a measure may be adopted without offending any of our churches, and with the prospect of complete success. If they are correct in this belief, of which the Assembly must judge, it appears to them that uniformity in this matter will furnish a strong bond of peace and harmony between the different sections of our Church. The Committee further recommend that this uniform system of psalm- ody consist of two parts, viz. : L A compilation of metrical versions of the book of Psalms, adhering to the order and connection of the same as far as practicable. In this compilation the preference ought to be given to the authorized versions now in use, so far as the poetry and conformity to the text allow. The Committee, in recommending this compilation, disavow any design 98 778 THE DIRECTORY FOR WORSHIP. of committing the Assembly on the difference of opinion which exists about the book of Psalms. They also wish it to be distinctly understood that they do not disapprove of Watts. But they think that a compila- tion, such as is recommended, if judiciously executed, will satisfy the friends of Dr. Watts's imitation, and the advocates of the exclusive author- ity of the book of Psalms. II. A copious collection of hymns and spiritual songs from various au- thors, giving the preference to those now authorized, so far as good taste, sound sense and enlightened piety admit. Such a system of psalmody, the Committee think, besides producing harmony among ourselves in this part of public worship, will tend to en- large that growing disposition among Christians of different denomina- tions, to union of exertions for promoting the kingdom of Christ. They therefore submit the following resolutions, viz.: 1. That a Committee be appointed to digest and prepare a uniform sys- tem of psalmody, as recommended in this report ; the whole, when pre- pared agreeably to the views of the Committee, to be submitted to the General Assembly for their adoption. 2. That the Committee appointed to carry this resolution into effect be authorized to procure, at the expense of the Assembly, such versions of the Book of Psalms, and such collections of hymns and sacretl songs, as they may deem necessary. The Assembly appointed Drs. Romeyn, Alexander, Nott, Blatchford and Spring, a Committee to prepare and digest a system of psalmody, as recommended in the foregoing report. — 1820, p. 740. The Committee finally, after being enlarged from time to time, reported, when it was — a. Resolved, That the Book of Psalms and Hymns, with the alterations and additions submitted by the Committee, be approved by the Assembly, and its use in the worship of God be authorized in all the churches under its care.— 1830, p. 306. In the Assembly of 1838, O. S., a Committee was appointed to revise the Assembly's edition of the " Psalms and Hymns." Their action was finally approved by the Assembly, and it was — b. Resolved, That the Book of Psalms and Hymns reported by the Committee of Psalmody, be approved, and authorized to be used in all our churches. That such portion of our standards be appended to such portion of any future edition of the Book of Psalmody as shall be deemed expedient by the Board of Publication. That the whole, or such portion of the common translation of the psalms, without note or comment, accompanied as far as may be by ap- propriate music, be appended to such portion of one edition of said Book of Psalmody as may appear expedient to the Board of Publication. — 1843, p. 194, O. S. [See also Baird's Collection, Revised Edition, pp. 211, 213.] 5. The "Church Psalmist." [In the Assembly of 1840, N. S.— ] a. On motion of Dr. Cox, the whole subject of psalmody, with the pro- curing and furnishing an edition of psalms and hymns for our general use in a way involving no pecuniary responsibility to the Assembly, was referred to the Consulting Committee for their deliberation and action, as they may deem proper and practicable. — 1840, p. 24. OF THE SINGING OF PSALMS. 779 On the report of this Committee, the General Assembly recommended the "Church Psalmist," prepared by Dr. N. S. Beman, to the churches un- der our care, leaving them, at the same time, free to continue the books now iu use, if they deem it most for edification. — 1843, pp. 21, 22, N. S. [The Assembly of 1846, inter alia — ] Resolved, That it is earnestly recommended to the churches in connec- tion with this Assembly, for the purpose of carrying out the matured action of our highest ecclesiastical judicatories, and thus securing uni- formity, an increasing revenue, and the possession of a work of high intrinsic merit, whenever they deem it best to make a change in the psalmody, to adopt the book of the Assembly. — 1846, p. 19, N. S. [See also New Digest, pp. 580-583.] [In 1855, p. .32, and again in 1856, p. 215, the Publication Committee was authorized and directed to purchase the Church Psalmist, if it could be done on reasonable terms. In 1857, p. 435, the Committee reported to the Assembly the purchase of the Book, upon which the Assembly — ] b. Resolved, That we recognize with gratitude to God the completion of the labors of the Publication Committee, by which the Assembly is fur- nished with a book of psalmody which they can call their own ; the profits of which will materially aid the funds of the Church in the Publication cause ; and the Assembly hereby recommend to the pastors and the churches that they use all reasonable diligence in promoting uniformity by the introduction of this book. c. Resolved, That the preparation of an appendix to the Church Psalm- ist of such hymns as may be necessary to make the work complete be com- mitted to N. S. S. Beman, D. D., Kev. Albert Barnes and S. W. Fisher, D.D., and that this Committee report to the next General Assembly. — 1857, pp. 410, 411, N. S. [The Committee were directed to report to the Publication Committee (Minutes, 1858, p. 585), by whom the supplement was published, and the book thus completed.] — 1859, p. 38, ib. II. In singing the praises of- God, we are to sing with the spirit, and with the understanding also; making melody in our hearts unto the Lord. It is also proper, that we cultivate some knowledge of the rules of music; that we may praise God in a becoming manner with our voices, as well as with our hearts. 1. The Book of Tunes. Resolved, That a Committee of three be appointed by the Publication Committee to prepare a Book of Tunes adapted to the Church Psalmist, and that this Committee be instructed to consult and correspond with pas- tors and leaders of choirs in the churches, as to the particular tunes most in use and most popular in the congregations, and that this Committee report to the next General Assembly. — 1857, p. 410, N. S. [The Committee reported progress to the Assembly in 1858. The book, "The Eclectic Tune Book," was laid before the Assembly in 1860, p. 246.] 2. "The Hymnal." [In consequence of overtures from various Presbyteries, the Assembly of 1863, O. S., appointed a Committee to take the whole subject into con- sideration, and report to the next Assembly. This Committee reported on the whole subject, and the Assembly — ] 780 THE DIEECTORY FOR WORSHIP. Resolved, 1. That a selection of psalms and hymns be made from our present book and from other sources, and published with suitable tunes ; and that all the hymns in this new selection, which are not in our present book, be published as a supplement for the use of those who prefer it; and that the hymns in the new selection, in addition to their own numbers, shall retain the numbers in the old book, so that both may be used in the same congregation without embarrassment. 2. That in accordance with the recommendation of previous Assemblies, and responsive to the wish of many in the Church, there shall be made a careful selection from the Bible of passages to be arranged for chanting ; and that this shall be fitted to be bound both with the selection of hymns and tunes, and with the supplement, at the option of the churches. 3. That the volumes thus provided for shall be furnished with ample indices after the style of the best improvements in this respect. 4. That a Committee of five be appointed by this Assembly, who shall have power to employ all needful talent and means, at the expense of the Board of Publication, for the accomplishment of these ends as perfectly and speedily as possible, and report the result to some future Assembly. 5. That the Board of Publication be instructed to defray the personal expenses of the present Committee incurred in performing this service. — 1864, p. 293, O. S. [The Committee called for by the fourth resolution consisted of Drs. John M. Krebs, J. Trumbull Backus, Robert Davidson, J. E. Rockwell and Willis Lord.] [By the Assembly of 1865, O. S., the Committee was directed to insert in the new book the Apostles' Creed, the Ten Commandments and the Lord's Prayer; also the Shorter Catechism and Directory for Worship, 1865, p. 532. The book was reported to the Assembly of 1866, together with a full report upon the whole subject. Whereupon the Assembly] Resolved, 1. That the report be adopted and printed in the Appendix to the Minutes. See 1866, pp. 107-112. 2. That this Assembly approve the Hymnal as published, and allow the same to be used in all our churches ; but it is not required that it shall supersede the books in present use. — 1866, p. 95, O. S. 3. "Social Hymn and Tune Book." [" The Social Hymn and Tune Book " was prepared by the Publication Committee under the direction of the General Assembly, and laid before it in 1866, when it was] Resolved, That the "Social Hymn and Tune Book," recently published by the Committee, be commended as pre-eminently adapted to social and congregational worship. — 1866, p. 272, N. S. 4. Report on Sacred Music— The Hymnal Commended. The Assembly took from the docket the report of the Committee on Sacred Music, which was unanimously adopted, and is as follows: The Committee of Five, "appointed to prepare and report to this Gen- eral Assembly such suggestions or measures as may to them seem most timely and expedient for the encouragement of a more devotional charac- ter in church music, and especially in instrumental and vocal voluntaries, and for the suppression and exclusion of all musical performances which are inconsistent with the proprieties of the Sabbath and of the sanctuary," respectfully report, for adoption by this General Assembly, the following deliverance, to wit: The service of song, which God has made a part of the worship of his OF THE SIXGIXG OF PSALMS. 781 holy house, when properly performed, has power for good over human hearts, promoting our growth and his glory. The grand object of all music, which has a proper place in the services of the Sabbath and sanc- tuary, is, and must be, to inspire and express devotion ; the introduction of choirs or musical instruments can be justified only as they serve this end, and aid or accompany sacred song; and no display of artistic skill, no delicacy of vocal training, no measure of musical ability, compensates for the violation, or even neglect, of the proprieties of divine worship. The Assembly, therefore, cannot observe, without serious concern, the great and growing evil, that the music of the sanctuary, instead of ministering to the praise of God, should so often be perverted to carnal ends, being secular in character and associations, unsuited to congregational use, cal- culated to dissipate devotional feeling, and wholly incongruous with the services of God's house. The conduct of so important a part of divine worship should be com- mitted only to those who respect religion, and, as far as practicable, to those who are in communion with the church, and amenable to its juris- diction. They should adapt their selections of music, whether vocal or instrumental, to the awakening of devotional feeling, the deepening of religious impressions, and the expression of the sentiment embodied in the psalms and hymns, that the entire music of God's house may harmonize with the service of which it is a part, being conducted with due gravity, solemnity and reverence. It is recommended also that, as far as possible, meetings for rehearsal or mere musical practice be held during the week rather than on the Lord's day, that undue offence be not given to the con- sciences of Christian brethren, and that temptation to Sabbath desecration be not needlessly incurred. The Assembly would remind the churches that the Scriptures nowhere recognize the service of song as to be performed by the few in behalf of the many; but teach us that the Lord delights in the "praise of all the people." This being the only part of his worship in which they distinctly and audibly unite, it is especially desirable that, as far as may be, the whole congregation shall engage therein ; and, even when unfamiliar tunes are sung, it should not be without due reference to preparing the people for a more general participation. Moreover, while such advance is being made in the knowledge of the science and culture of the art of music, we would enjoin, in the language of our "Directory for Worship," chap, iv., sec. ii., that due attention be given to the study of "the rules of music," especially by the young, in order to a more intelligent and appreciative interest in this delightful part of God's worship. In a former resolution upon a subject kindred to this (Assembly's Digest, page 197), the General Assembly called the attention of pastors and church sessions to the important fact that according to our standards "the whole internal arrangement of a church, as to worship and order, is committed to them." Form of Government, chap, ix., sec. vi. ; Direct- ory of Worship, chap, iv., sec. iv. Being thus responsible to God and the Church for the purity and propriety of this part of divine worship, they are to exercise a careful oversight thereof, that its sacred and devotional character be ever maintained. In so doing they are urged by this Assem- bly to cultivate a kind and fraternal spirit toward those who lead the music of the sanctuary, and to manifest an affection and appreciative inte- rest in any endeavors they may make to improve the character of this ser- vice, to the end that harmony may be promoted, " and all things be done unto edifying." The Hymnal in its present enlarged and completed form having been 782 THE DIRECTORY FOR WORSHIP. adopted and recommended to the churches by this Assembly, its early introduction will, it is believed, contribute to render participation in this service of song more devout, uniform and general. Particular atten- tion is called to the scriptural selections, arranged as chants, which adapt the book to a variety of tastes and preferences ; and while the Assem- bly thus sends forth upon its sacred mission this, its new book of praise, our devout hope and prayer is, that to it may be granted the high honor of promoting the ends of true worship, aiding " the service of song in the house of the Lord," and helping his people " to sing with the spirit and with the understanding, making melody in their hearts to the Lord." — 1867, p. 365, O. S. III. The whole congregation should be furnished with books, and ought to join in this part of worship. It is proper to sing without parceling out the psalm, line by line. The practice of reading the psalm, line by line, was introduced in times of ignorance, when many in the congregation could not read : therefore, it is recommended, that it be laid aside, as far as convenient. IV. The proportion of the time of public worship to be spent in singing, is left to the prudence of every minister : but it is recom- mended, that more time be allowed for this excellent part of divine service than has been usual in most of our churches. a. Church Music is under the Control of the Session. [In reply to an overture from the Synod of Cincinnati on the subject of instrumental music, the following minute was adopted :] Whereas, By our Constitution (Form of Government, chap, ix., sec. vi., and Directory for Worship, chap, iv., sec. iv.), the whole internal arrange- ment of a church, as to worship and order, is committed to the minister and session ; therefore, Resolved, That this Assembly do not feel themselves called upon and obliged to take any further order on this subject, but leave to each ses- sion the delicate and important matter of arranging and conducting the music as to them shall seem most for edification, recommending great caution, prudence and forbearance in regard to it. — 1845, pp. 21, 22, O. S. b. A memorial asking the Assembly " to define the rights of a session of a church in regard to the singing in the house of God," answered by referring to the above action. — 1858, p. 281, O. S. See also Form of Government, chap, ix., sec. vi., and sec. ii., above. OF PUBLIC PRAYER. 783 CHAPTER V. OF PUBLIC PRAYER. I. It seems very proper to begin the public worship of the sanc- tuary by a short prayer; humbly adoring the infinite majesty of the living God ; expressing a sense of our distance from him as creatures, and unworthiness as sinners; and humbly imploring his gracious presence, the assistance of his Holy Spirit in the duties of his wor- ship, and his acceptance of us through the merits of our Lord and Saviour Jesus Christ. II. Then, after singing a psalm, or hymn, it is proper that, before sermon, there should be a full and comprehensive prayer. First, Adoring the glory and perfections of God, as they are made known to us in the works of creation, in the conduct of providence, and in the clear and full revelation he hath made of himself in his written word. Second, Giving thanks to him for all his mercies of every kind, general and particular, spiritual and temporal, common and special, above all, for Christ Jesus, his unspeakable gift; and the hope of eternal life through him. Third, Making humble confession of sin, both original and actual ; acknowledging, and endeavoring to impress the mind of every worshiper with, a deep sense of the evil of all sin, as such; as being a departure from the living God; and also taking a particular and affecting view of the various fruits which proceed from this root of bitterness : — as, sins against God, our neigh- bor, and ourselves ; sins in thought, in word, and in deed ; sins secret and presumptuous; sins accidental and habitual. Also, the aggrava- tions of sin, arising from knowledge, or the means of it ; from dis- tinguishing mercies ; from valuable privileges ; from breach of vows, etc. Fourth, Making earnest supplication for the pardon of sin, and peace with God, through the blood of the atonement, with all its im- portant and happy fruits ; for the spirit of sanctification, and abun- dant supplies of the grace that is necessary to the discharge of our doty ; fur support and comfort under all the trials to which we are liable, as we are siniul and mortal ; and for all temporal mercies that may be necessary, in our passage through this valley of tears. Always remembering to view them as flowing in the channel of covenant- love, and intended to be subservient to the preservation and progress of the spiritual life. Fifth, Pleading from every principle warranted in Scripture; from our own necessity; the all-sufficiency of God ; the merit and intercession of our Saviour; and the glory of God in 784 THE DIRECTORY FOR WORSHIP. the comfort and happiness of his people. Sixth, Intercession for others, including the whole world of mankind ; the kingdom of Christ, or his Church universal ; the church or churches with which we are more particularly connected ; the interest of human society in general, and in that community to which we immediately belong ; all that are invested with civil authority; the ministers of the ever- lasting gospel ; and the rising generation : with whatever else, more particular, may seem necessary, or suitable, to the interest of that congregation where divine worship is celebrated. III. Prayer after sermon, ought generally to have a relation to the subject that has been treated of in the discourse; and all other public prayers, to the circumstances that gave occasion for them. IV. It is easy to perceive, that in all the preceding directions there is a very great compass and variety; and it is committed to the judg- ment and fidelity of the officiating pastor to insist chiefly on such parts, or to take in more or less of the several parts, as he shall be led to by the aspect of Providence, the particular state of the congre- gation in which he officiates, or the disposition and exercise of his own heart at the time. But we think it necessary to observe, that although we do not approve, as is well known, of confining ministers to set or fixed forms of prayer for public worship; yet it is the indis- pensable duty of every minister, previously to his entering on his office, to prepare and qualify himself for this part of his duty, as well as for preaching. He ought, by a thorough acquaintance with the Holy Scriptures, by reading the best writers on the subject, by medi- tation, and by a life of communion with God in secret, to endeavor to acquire both the spirit and the gift of prayer. Not only so, but when he is to enter on particular acts of worship, he should endeavor to compose his spirit, and to digest his thoughts for prayer, that it may be performed with dignity and propriety, as well as to the profit of those who join in it; and that he may not disgrace that important service by mean, irregular, or extravagant effusions. Liturgical Forms not Needed. A paper from the Synod of Albany, containing some suggestions or resolutions in relation to the use of liturgical forms of worship, which they desire to be adopted by this General Assembly, was considered by your Committee this morning, when it was — Resolved, That, as the usages and forms of the Presbyterian Church have been so uniform and acceptable for years past, from their scriptural simplicity; and as no extensive departure from, or change of, these usages and forms is likely to take place in the Presbyterian denomination, there- tore it is the judgment of this Committee that no action by this Assembly is at present demanded. — 1867, p. 498, N. S. Resolved, That the practice of responsive reading of the Scriptures OF THE WORSHIP OF GOD BY OFFERINGS. 785 in the public worship of the sanctuary is unwise in itself, and especially dangerous in this day, when it becomes the Church to withstand the tend- ency so strongly manifested in many places, to a liturgical and ritualistic service.— 1869, p. 926, O. S. CHAPTER VI* OF THE WORSHIP OF GOD BY OFFERINGS. I. In order that every member of the congregation may be trained to give of his substance systematically, and as the Lord hath prospered him, to promote the preaching of the Gospel in all the world and to every creature, according to the command of the Lord Jesus Christ, it is proper and very desirable that an opportunity be given for offerings by the congregation in this behalf every Lord's day, and that, in accordance with the Scriptures, the bringing of such offerings be per- formed as a solemn act of worship to Almighty God. II. The proper order, both as to the particular service of the day and the place in such service for receiving the offerings, may be left to the discretion of the minister and Session of the Church ; but that it may be a separate and specific act of worship, the minister should either precede or immediately follow the same with a brief prayer, invoking the blessing of God upon it, and devoting the offerings to his service. III. The offerings received may be apportioned among the Boards of the Church and among other benevolent and Christian objects, under the supervision of the Church Session, in such proportion and upon such general plan as may from time to time be determined ; but the specific designation by the giver of any offering to any given cause or causes, shall always be respected, and the will of the donor carefully carried out. IV. It is the duty of every minister to cultivate the grace of liberal giving in his congregation, that every member thereof may offer according to his ability, whether it be much or little. * Adopted 1SS6, and the number of all succeeding chapters made higher by one. 99 786 THE DIRECTORY FOR WORSHIP. CHAPTER VII. OF THE PREACHING OF THE WORD. I. The preaching of the Word being an institution of God for the salvation of men, great attention should be paid to the manner of per- forming it. Every minister ought to give diligent application to it; and endeavor to prove himself a workman that needeth not to be ashamed ; rightly dividing the word of truth. Reading Sermons. a. It is further enjoined that all our ministers and probationers forbear reading their sermons from the pulpit, if they can conveniently. — 1761, p. 309. b. The General Assembly has reason to believe that the practice of reading sermons in the pulpit is greatly on the increase amongst our min- isters, and being decidedly of the opinion that it is not the best method of preaching the gospel, it hereby recommends the discontinuance of the practice as far as possible, and earnestly exhorts our younger ministers to adopt a different method, as more scriptural and effective. — 1841, p. 448, O. S. c. Whereas, This General Assembly has reason to believe that the prac- tice of reading sermons in the pulpit is on the increase amongst our min- isters; and being decidedly of opinion that it is not the most effective and acceptable method of preaching the gospel ; therefore, Resolved, That we do earnestly repeat the recommendation of the As- sembly of 1841, that this practice be discontinued as far as practicable; and affectionately exhort our younger ministers and candidates for the ministry to adopt a different method as more scriptural and effective, and more generally acceptable to God's people." — 1849, p. 271, O. S. II. The subject of a sermon should be some verse or verses of Scrip- ture ; and its object, to explain, defend and apply some part of the sys- tem of divine truth; or, to point out the nature, and state the bounds and obligation, of some duty. A text should not be merely a motto, but should fairly contain the doctrine proposed to be handled. It is proper also that large portions of Scripture be sometimes expounded, and particularly improved, for the instruction of the people in the meaning and use of the Sacred Oracles. Expository Preaching Commended. That in the discharge of pastoral duties they take the utmost care that the word of God be known and understood by the people, and that for OF THE ADMINISTRATION OF BAPTISM. 787 this purpose, in their public instructions, the practice of lecturing on cer- tain portions of the Scripture be not laid aside, but rather revived and increased. — 1799, p. 182. III. The method of preaching requires much study, meditation, and prayer. Ministers ought, in general, to prepare their sermons with care ; and not to indulge themselves in loose, extemporary ha- rangues ; nor to serve God with that which cost them naught. They ought, however, to keep to the simplicity of the Gospel ; expressing themselves in language agreeable to Scripture, and level to the under- standing of the meanest of their hearers ; carefully avoiding ostenta- tion, either of parts or learning. They ought also to adorn, by their lives, the doctrine which they teach; and to be examples to the be- lievers, in word, in conversation, in charity, in spirit, in faith, in purity. IV. As one primary design of public ordinances is to pay social acts of homage to the Most High God, ministers ought to be careful not to make their sermons so long as to interfere with, or exclude, the more important duties of prayer and praise ; but preserve a just proportion between the several parts of public worship. V. The sermon being ended, the minister is to pray, and return thanks to Almighty God ; then let a psalm be sung ; and the assem- bly dismissed with the apostolic benediction. VI. It is expedient, that no person be introduced to preach in any of the churches under our care, unless by the consent of the pastor, or church session^ CHAPTER VIII. OF THE ADMINISTRATION OF BAPTISM. I. Baptism is not to be unnecessarily delayed ; nor to be admin- istered, in any case, by any private person ; but by a minister of Christ, called to be the steward of the mysteries of God. 1. Age of Infancy not Determined. The Committee to which was referred the question, "At what age ought children to be considered too old to be baptized on the faith of their parents?" leported the following answer; which, being read, was adopted. viz. : The precise time of life when the state of infancy ceases, is not deter- mined in the word of God, nor by the standards of our Church, and, from 788 THE DIRECTORY FOR WORSHIP. the uature of the case, is incapable of being regulated by any uniform rule, but should be left to the judgment of ministers and sessions, to be determined according to the particular circumstances of each case. The Assembly, therefore, deem it inexpedient to attempt to fix the precise time at which children ought to be considered too old to be baptized on the faith of their parents. — 1822, p. 53. 2. Baptism by an Impostor Null and Invalid. Whereas, A certain person pretending at Egg Harbor to be a minister regularly ordained among the Presbyterians, under that character bap- tized some adults and infants, and it appearing to the Synod that his pre- tences were false, having at that time no license or ordination, it is our opinion that all the gospel ordinances he administered under that false and pretended character are null and invalid. — 1752, p. 249. 3. By a Profligate. — Cases to be Judged of by the Session. The following question was proposed by the Committee of Overtures, viz. : Ought such persons to be rebaptized as have been offered in baptism by notoriously profligate parents, and baptized by ministers of the same de- scription ? Resolved, That it is a principle of the Church that the unworthiness of the ministers of the gospel does not invalidate the ordinances of religion dispensed by them. It is also a principle that as long as any denomina- tion of Christians is acknowledged by us a Church of Christ, we ought to hold .the ordinances dispensed by it as valid, notwithstanding the unworthiness of particular ministers. Yet, inasmuch as no general rule can be made to embrace all circumstances, there may be irregularities in particular administrations by men not yet divested of their office, either in this or in other churches, which may render them null and void. But as these irregularities must often result from circumstances and situations that cannot be anticipated and pointed out in the rule, they must be left to be judged of by the prudence and wisdom of church sessions, and the higher judicatories to which they may be referred. In such cases, it may be advisable to administer the ordinance of baptism in a regular manner, where a profane exhibition of the ceremony may have been attempted. These cases and circumstances, however, are to be inquired into by the church sessions, and referred to a Presbytery before a final decision. — 1790, p. 26. 4. Unitarian Baptism. a. A person who had been baptized in infancy by Dr. Priestly ap- plied for admission to the Lord's table. Should the baptism administered by Dr. Priestly, then a Unitarian, be considered valid? Resolved, That this question be answered in the negative. In the present state of our country, whilst Unitarian errors in various forms are making their insidious approaches ; whilst the advocates of this heresy in many cases are practicing a system of concealment, and insinu- ating themselves into the confidence of multitudes who have no suspicion of their defection from the faith, the Assembly feel it to be their duty to speak without reserve. It is the deliberate and unanimous opinion of this Assembly that those who renounce the fundamental doctrine of the Trinity, and deny that Jesus Christ is the same in substance, equal in power and glory with OF THE ADMINISTRATION OF BAPTISM. 789 the Father, cannot be recognized as ministers of the gospel ; and that their ministrations are wholly invalid. — 1814, p. 549. b. Whether baptism, administered by the denomination of "Disciples" (usually styled Campbellites), ought to be regarded as valid. Answered in the negative. — 1864, p. 316, O. S. 5. By a Minister after he is Deposed. A reference from the Presbytery of Hudson, requesting of the Assem- bly an answer to the following question, was received and read, viz. : Is baptism administered by a minister after he is deposed from office valid ? Resolved, That in answer to this question, the Presbytery be referred to chap, vii., sec. i., of the Directory for Public Worship. — 1819, p. 701. 6. By a Suspended Minister. The following overture was presented by the Committee of Overtures, viz. : " Can a Presbytery consistently acknowledge as valid the ordinance of baptism as administered by those who are regularly suspended by a higher judicatory of the Church? M If not, how are we to regard the baptism of the Cumberland Presby- terians ?" The Assembly resumed the consideration of the report of the Commit- tee on the overture respecting the Cumberland Presbyterians. After con- siderable discussion, the report of the Committee was adopted, and is as follows, viz. : 1. That in the opinion of this Assembly, ministers of the Presbyterian Church, when regularly suspended by the competent judicatories, have no right to exercise the functions of a minister during that suspension, 2. That while those persons styling themselves the Cumberland Presby- tery were under suspension, their administrations are to be considered as in- valid; but after the General Assembly have declared them to be no longer connected with our Church, their administrations are to be viewed in the same light with those of other denominations not connected with our body. This decision is grounded on the opinion that the Act of the As- sembly of 1814 precluded the propriety of deposition, or any other pro- cess in the case. — 1825, pp. 145, 156. 7. The Question, Is Baptism in the Church of Rome Valid ? an- swered in the Negative. a. The question presented to this Assembly by overture from the Pres- bytery of Ohio, "Is baptism in the Church of Borne valid P" is one of a very grave character, and of deep practical importance. The answer to it must involve principles vital to the peace, the purity and .the stability of the Church of God. After a full discussion, carried through several days, this Assembly has decided, by a nearly unanimous vote [173 yeas to 8 nays], that baptism so administered is not valid. b. Because, since baptism is an ordinance established by Christ in his Church (Form Gov., chap, vii., Matt, xxviii., 19, 20), and is to be admin- istered only by a minister of Christ, duly called and ordained to be a steward of the mysteries of God (Directory, chap, viii., sec. i.), it follows that no rite administered by one who is not himself a duly ordained minis- ter of the true Church of God visible, can be regarded as an ordinance of 790 THE DIRECTORY FOR WORSHIP. Christ, whatever be the name by which it is called, whatever the form em- ployed in its administration. The so-called priests of the Romish com- munion are not ministers of Christ, for they are commissioned as agents of the papal hierarchy, which is not a Church of Christ, but the Man of Sin, apostate from the truth, the enemy of righteousness and of God. She has long lain under the curse of God, who has called his people to come out from her, that they be not partakers of her plagues. c. .It is the unanimous opinion of all the Reformed Churches, that the whole papal body, though once a branch of the visible Church, has long since become utterly corrupt, and hopelessly apostate. It was a convic- tion of this which led to the Reformation, and the complete separation of the Reformed body from the papal communion. Luther and his coadju- tors, being duly ordained presbyters at the time when they left the Romish communion, which then, though fearfully corrupt, was the only visible Church in the countries of their abode, were fully authorized by the word of God, to ordain successors in the ministry, and so to extend and perpet- uate the Reformed Churches as true Churches of Christ, while the contu- macious adherence of Rome to her corruptions, as shown in the decisions of the Council of Trent (which she adopts as authoritative), cuts her off from the visible Church of Christ, as heretical and unsound. This was the opinion of the Reformers, and it is the doctrine of the Reformed Churches to this day. In entire accordance to this is the decision of the General Assembly of our Church, passed in 1835 (see Minutes of General Assembly, vol. 8, p. 33), declaring the Church of Rome to be an apostate body. d. The decision by the Assembly of 1835, renders the return of a nega- tive to the inquiry proposed by the Presbytery of Ohio, indispensable on the ground of consistency ; unless we are prepared to admit, in direct con- tradiction to the standards of the Presbyterian Church, that baptism is not an ordinance established by Christ in his Church exclusively, and that it may be administered by an agent of the Man of Sin, an emissary of the prince of darkness; that it may be administered in sport or in blas- phemy, and yet be valid as though administered by a duly commissioned steward of the mysteries of God. e. Nor can it be urged that the papal hierarchy is improving in her character, and gradually approximating to the scriptural standard. She claims to be infallible: her dogmas she promulgates as the doctrines of heaven ; and she pronounces her heaviest anathema against any and every man who questions her authority, and refuses to bow to her decisions. She cannot recede from the ground she has assumed. She has adopted as her own, the decisions of the Council of Trent, which degrade the word of God ; which claim equal authority for the Apocrypha as for the New Testament ; and which declare the sense held and taught by holy mother Church, on the authority of tradition and of the Fathers, to be the true and only sense of Scripture. All who deny this position, or who question her authority, she denounces with the bitterest curses. /. She thus perverts the truth of God ; she rejects the doctrine of justi- fication by faith; she substitutes human merit for the righteousness of Christ; and self-inflicted punishment for gospel repentance: she proclaims her so-called baptism to be regeneration, and the reception of the conse- crated wafer in the eucharist, to be the receiving of Christ himself, the source and fountain of grace, and with him all the grace he can impart. Is this the truth? Is reliance on this system, true religiou? Can, then, the papal body be a Church ? g. The Church (i. f ., the Church visible), as defined in our standards, is OF THE ADMINISTRATION OF BAPTISM. 791 the whole body of those persons, together with their children, who make profession of the holy religion of Christ, and of submission to his laws. (Form Gov., chap, ii., sec. ii.) As certainly then, as the dogmas and prac- tices of papal Rome are not the holy religion of Christ, must it be con- ceded, that the papal body is not a Church of Christ at all ; and if not, then her agents, be they styled priests, bishops, ;irchbishops, cardinals or pope, are not ministers of Christ in any sense ; for they have no connec- tion with his true visible Church ; and not being true ministers of Christ, they have no power to administer Christian ordinances, and the rite they call baptism, is not, in any sense, to be regarded as valid Christian bap- tism. h. Further, by the perverted meaning they affix, and the superstitious rites they have superadded to the ceremonies they perform under the name of baptism and the eucharist, the symbolical nature and true design of both the ordinances of baptism and the Lord's Supper are lost sight of and utterly destroyed — so that, could we by any possibility assign to her the name of a Church, she would still be a Church without the two grand ordi- nances of the gospel ; she neither administers Christian baptism, nor cele- brates the Supper of our Lord. i. Moreover, since, by the 11th canon of the Council of Trent, she de- clares the efficacy of her ordinances to depend upon the intention of the administrator, no man can know with certainty that her form of adminis- tration in any ordinance is not a mere mockery : no consistent papist can be certain that he has been duly baptized, or that he has received the ver- itable eucharist: he cannot know, that the priest who officiates at his altar is a true priest, nor that there is actually any one true priest, or any one prelate rightly consecrated in the whole papal communion. The papal hierarchy has by her own solemn act shrouded all her doings in uncer- tainty, and enveloped all her rites in hopeless obscurity. Even on this ground alone, the validity of her baptism might safely be denied. j. Nor is the fact that instances now and then occur of apparent piety in the members of her communion, and of intelligence, zeal and conscien- tiousness in some of her priests, any ground of objection against the po- sition here taken by this Assembly. The virtues of individuals do not purify the body of which they are members. We are to judge of the character of a body claiming to be a Church of Christ — not by the opin- ions or practices of its individual members, but by its standards and its allowed practices. Bound as he is by the authority of his Church — and that on pain of her heaviest malediction — to understand the Scriptures only in the sense in which his Church understands and explains them, a consistent papist cannot receive or hold the true religion, or the doctrines of grace. If he does, he must either renounce the papacy, or hypocritic- ally conceal his true sentiments, or he must prepare to brave the thunders of her wrath. True religion and an intelligent adherence to papal Rome are utterly imcompatible and impossible. The Church and the papacy are the repelling poles of the moral system. k. Difficulties may possibly arise in individual cases. It may not be easy at all times to say whether an applicant for admission into the Church of Christ has, or has not, been baptized: whether he has been christened by a popish pastor or not. In aJl such doubtful cases the ses- sion of a church must act according to the light before them. But it is safer and more conducive to peace and edification, to embrace a well established principle for our guidance, and act upon it firmly in the fear of God, leaving all consequences with him, than to suffer ourselves, with- out any fixed principles, to be at the mercy of circumstances. 792 THE DIRECTORY FOR WORSHIP. /. While some other Churches may hesitate to carry out fully the prin- ciple of the Reformation, in wholly repudiating popish baptism, as well as the popish mass, we, as Presbyterians, feel bound to act on the principle laid down by our Assembly so long ago as 1790, that, so long as a body is by us recognized as a true Church, are her ordinances to be deemed valid, and no longer. In 1835 the Assembly declared the papacy to be apostate from Christ, and no true Church. As we do not recognize her as a portion of the visi- ble Church of Christ, we cannot, consistently, view her priesthood as other than usurpers of the sacred functions of the ministry, her ordinances as unscriptural, and her baptism as totally invalid. — 1815, pp. 15, 34, O. S. 8. The Question Indefinitely Postponed. The Committee on the Polity of the Church reported an overture from the Third Presbytery of New York, which is as follows : Is baptism, as administered by "the Roman Catholic Church, to be re- garded as Christian baptism? [Referred to a Committee — Drs. E. F. Hat- field, S. H. Cox and Henry B. Smith — to consider the subject, and report to the next General Assembly.]— 1853, p. 342, N. S. The majority and minority of the Committee each made a report, which were discussed at great length. And the whole subject indefinitely post- poned— 1854, p. 512, K S. 9. The Deliverance of 1845 Affirmed. Overture from the Presbytery of Tuscaloosa, asking whether the ordi- nance of baptism ought to be administered to a person before reception into our Church who presents a certificate of good and regular standing in the New School Presbyterian Church, but who has received only Roman Catholic baptism. The Committee answer that the mere fact that a person has been a member of another church has nothing to do with his original baptism. The memorialists are referred to the action of the Assembly in 1845, Adopted.— 1859, p. 535, O. S. 10. Ruling Elders may not Administer Sealing Ordinances. Overture from the Presbytery of Peoria on the authority of ruling elders to administer sealing ordinances. The Committee recommend that they be referred to the Standards, chap, viii., sec. i., and chap, viii., Direct- ory for Worship, throughout. Adopted.— 1870, p. 22. II. It is usually to be administered in the church, in the presence of the congregation ; and it is convenient that it be performed im- mediately after sermon. III. After previous notice is given to the minister, the child to be baptized is to be presented, by one or both the parents, signifying their desire that the child may be baptized. 1. "Who may be Presented for Baptism. a. Not only those that do actually profess faith in and obedience unto Christ, but also the infants of one or both believing parents are to be bap- tized. — Confession of Faith, chap, xxviii., sec. iv. OF THE ADMINISTRATION OF BAPTISM. 793 6. Baptism is not to be administered to any that are out of the visible Church, and so strangers from the covenant of promise, till they profess their faith in Christ and obedience to him ; but infants descending from parents, either both or but one of them, professing faith in Christ and obe* dience to him, are, in that respect, within the covenant, aud are to be baptized. — Larger Catechism, ques. 166; Shorter Catechism, ques. 95. 2. The Duty of Christian Masters to have their Servants Baptized. The following case of conscience from Donegal Presbytery was over- tured, viz., whether Christian masters or mistresses ought, in duty, to have such children baptized as are under their care, though born of parents not in the communion of any Christian church. Upon this overture Synod are of opinion that Christian masters and mistresses, whose religious professions and conduct are such as to give them a ri«ht to the ordinance of baptism for their own children, may and ouuht to dedicate the children of their household to Cod in that ordinance when they have no scruple of conscience to the contrary. — 1786, p. 527. 3. Of Christian Slaves to have their Children Baptized. It was overtured whether Christian slaves, having children at the entire direction of unchristian masters, and not having it in their power to instruct them in religion, are bound to have them baptized, and whether a gospel minister in this predicament ought to baptize them, and Synod determined the question in the affirmative. — 1786, p. 527. 4. Infant Slaves of Christian Masters. Ought baptism, on the profession and promise of the master, to be ad- ministered to the children of slaves ? 1. It is the duty of masters who are members of the Church to present the children of parents in servitude to the ordinance of baptism, provided they are in a situation to train them up in the nurture and admonition of the Lord, thus securing to them the rich advantages which the gospel provides. 2. It is the duty of Christ's ministers to inculcate this doctrine, and to baptize all children of this description when presented by their masters. — 1816, p. 617. 5. Orphan Children of Heathen Parents in the Care of our Missions. The General Assembly of the Presbyterian Church in the United States of America to the Presbytery of Lodiana : Dear Brethren : You have submitted to us questions respecting a subject which we have no doubt is one of very great importance in regard to the progress of religion among the heathen. We have seriously consid ered it, and give you here the result of our deliberations. You present to us three questions, to which we reply in the order in which the same are presented. a. 1. Are all orphan children of heathen parents, committed to the caie of our missions, entitled to the benefits of the ordinance of baptism with- out respect to their ages ? We reply, certainly they are not. You must make the same distinction that you would make if their pa- rents were alive and members of the Christian Church, and desiring to have them baptized, the same distinction which is made in Christian coun- 100 794 THE DIRECTORY FOR WORSHIP. tries. We add, let those children only be baptized in every case who are so committed to the missions, or other Christian tuition, as to secure effect- ually their entire religious education. On this point great caution is necessary. b. 2. You ask (on the presumption that the preceding question is an- swered in the negative), Are those only to be baptized who have not at- tained to years of discretion ? This question we answer in the affirmative. c. 3. Your third question is in substance as follows : If those only who have not attained to years of discretion are to be baptized, at what age shall the federal right be supposed to cease and personal responsibility to commence? Although it is not difficult to answer this question in accordance with the standards and the practice of the Presbyterian Church, yet the rule may frequently be found difficult of application. Our answer to the question, however, is : The officers of the Church must judge in each particular case whether the proposed subject of baptism has arrived at years of discretion or not. We can adopt no other rule in our own practice, and we can recommend no other to you. We refer you to chap, x., sec. ii., of our Directory for Worship. If the person proposed to be baptized has acquired that ma- turity of mind which renders him capable of making an intelligent pro- fession of religion himself, he ought not to be baptized on the faith of an- other. Our Confession of Faith recognizes the right to baptism of the infant children only of such parents as are members of the Church. We do not doubt that in heathen countries children of heathen parents ordi- narily arrive at what are called years of discretion later than those who enjoy the advantages of Christian instruction in early life; but in a coun- try where the religion of all consists in forms and ceremonies, great care should be taken that the Christian religion does not even appear to par- take of the formality and emptiness of Mohammedanism and Paganism. — 1843, p. 179, O. S. 6. Obligations and Qualifications of Parents. a. The Synod do also exhort all the ministers within our bounds to take due care in the examination of all candidates for baptism, or that offer to dedicate their children to God in that sacred ordinance, that they are persons of a regular life, and have suitable acquaintance with the princi- ples of the Christian religion ; that that seal be not set to a blank, and that such be not admitted to visible church relation that are manifestly unfit for it.— 1735, p. 115. b. That previously to the administration of baptism, the minister shall inquire into the parents' knowledge of the great and fundamental doc- trines of the gospel, and the regularity of their lives ; and being satisfied so as to admit them, shall, in public, point out the special duties of the parents, and particularly that they teach their children the doctrines and precepts of Christianity, contained in the scriptures of the Old and New Testaments, and comprised in the Westminster Confession of Faith and Catechisms, which therefore he shall recommend unto them. — 1755, p. 267. e. The following reference from the Synod of Philadelphia was laid be- fore the Assembly : As baptism is to be administered to the infants of those who are members of the visible Church (but our Directory leaves the description of the visible and credible profession of Christianity vague and indefinite), it is humbly proposed to the Assembly to give some pre- cise direction and definition of such a profession for the information of OF THE ADMINISTRATION OF BAPTrSM. 795 its ministers. In answer to the above reference, the Assembly judged it unnecessary, and perhaps impracticable, to deliver rules more explicit than those contained in the standards of our Church ; but should cases of difficulty arise, they must be decided respectively, according to their own merits, before the proper judicatories. — 1794, p. 91. d. Our Confession of Faith recognizes the right to baptism of the in- fant children only of such parents as are members of the Church. — 1843, p. 180, O. S. IV. Before baptism, let the minister use some words of instruc- tion, respecting the institution, nature, use, and ends of this ordi- nance ; showing, That it is instituted by Christ ; that it is a seal of the righteous- ness of faith ; that the seed of the faithful have no less a right to this ordinance, under the gospel, than the seed of Abraham to cir- cumcision, under the Old Testament ; that Christ commanded all nations to be baptized ; that he blessed little children, declaring that of such is the kingdom of heaven ; that children are federally holy, and therefore ought to be baptized ; that we are, by nature, sinful, guilty, and polluted, and have need of cleansing by the blood of Christ, and by the sanctifying influences of the Spirit of God. The minister is also to exhort the parents to the careful perform- ance of their duty; requiring, That they teach the child to read the Avord of God; that they in- struct it in the principles of our holy religion, as contained in the Scriptures of the Old and New Testament; an excellent summary of which we have in the Confession of Faith of this Church, and in the Larger and Shorter Catechisms of the Westminster Assembly, which are to be recommended to them, as adopted by this Church, for their direction and assistance, in the discharge of this important duty; that they pray with and for it; that they set an example of piety and godliness before it, and endeavor by all the means of God's appointment, to bring up their child in the nurture and admonition of the Lord. 1. Parents required to Enter into Engagements. The following question, through the Committee of Overtures, was read, viz. : Whether, besides requiring of parents dedicating their children to God in baptism, an express acknowledgment of the duties of parents, and rec- ommending to them the observance thereof, it should be considered as essential to require that they come under an explicit vow or solemn en- gagement also to perform those duties? whereupon the Assembly Resolved, That an answer to this question is contained in the Directory for Public Worship of this Church, under the head of the Administra- tion of Baptism, which requires an express engagement upon the part of parents. — 1794, p. 89. 796 THE DIRECTORY FOR WORSHIP. V. Then the minister is to pray for a blessing to attend this ordi- nance ; after which, calling the child by its name, he shall say, " I baptize thee, in the name of the Father, and of the Son, and of the Holy Ghost." As he pronounces these words, he is to baptize the child with water, by pouring, or sprinkling, it on the face of the child, with- out adding any other ceremony : and the whole shall be concluded with prayer. Although it is proper that baptism be administered in the presence of the congregation; yet there may be cases when it will be expedi- ent to administer this ordinance in private houses ; of which the min- ister is to be the judge. Mode of Baptism. Is it expedient, in the present state of the Church, for a Presbyterian minister to baptize by immersion in any case ? The Confession of Faith, chap, xxviii., sec. hi., teaches as follows, viz. : Dipping of the person into the water is not necessary ; but baptism is rightly administered by pouring or sprinkling of water upon the person. Your Committee see no cause for adding anything to the doctrine of the Confession on this subject. Adopted. — 1834, p. 433. CHAPTER IX. OF THE ADMINISTRATION OF THE LORD'S SUPPER. I. The communion, or supper of the Lord, is to be celebrated frequently ; but how often, may be determined by the minister and eldership of each congregation, as they may judge most for edification. 1. "Where there is no Church Organized. a. It was moved that the restriction laid by the last General Assembly on our missionaries, which confines them to administer the ordinance of the Lord's Supper in such places only where there are church officers regularly appointed, be repealed, and it is hereby repealed accordingly.— 1798, p. 146. 2. Not Usually in the Bounds of a Congregation without Consent. While the Assembly, as a general principle, disapprove of the admin- istration of the sacraments, by one of their ministers, within the bounds of a congregation with which he is not connected, without the consent of the minister and session of said congregation ; yet under the peculiar local circumstances of the people among which Mr. Maccalla occasionally ad- ministered ordinances, the Assembly cannot decide that he deserves cen- sure Therefore, Resolved, That the decision of the Synod of Kentucky, affirming a decision of the Presbytery of Ebenezer in regard to the com OF THE ADMINISTRATION OF THE LORD'S SUPPER. 797 plaint of the Rev. Mr. Dobbins, against the Rev. Mr. Maccalla, be, and il hereby is affirmed. — 1824, p. 124. 3. "Where a Minister may Statedly Preach he may Administer the Lord's Supper. The Judicial Commission appointed to hear and try an appeal and complaint of the church and congregation of Mifflinburg against the action of the Synod of Philadelphia, on the appeal and complaint of the Rev. Isaac Grier, D. D., beg leave to report : That they have issued the case pro forma, according to the directions of the Book of Discipline in the case of appeals and complaints, and after a full hearing, do unanimously adjudge: 1st. That the decision of the Synod of Philadelphia, affirming the right of Rev. Mr. Grier to preach in Mifflinburg to the people of his charge, be approved and confirmed. 2d. That the restriction preventing him from administering the Lord's Supper in Mifflinburg, except under extraordinary circumstances, be removed.— 1870, p. 31. 4. Administered in a Private House in Sickness. Overture No. 12, from the Central Presbytery of Philadelphia, asking the Assembly to decide whether, in no case of sickness or of conversion, however peculiar, the session of a church is not at liberty to administer the Lord's Supper in a private house. The Committee recommend the following minute : The standards of our Church are clear in their teaching, that the Lord's Supper is not to be received by any one alone, yet, in cases of protracted, sickness or approaching death, when the desire is very strongly urged by a member of the church, to enjoy the administration of the Lord's Sup- per, a pastor, having duly admonished the applicant that such ordinance, however a source of spiritual comfort, is not, in such cases, an imperative duty, or indispensable to salvation, may, with a member of his session, and such communicants as may appropriately be permitted to partake in such solemnity, proceed to administer this sacrament — a minute of every such act to be entered on the records of session. The recommendation was adopted. — 1863, p. 37, O. S. [For answer as to question on the authority of ruling elders to admin- ister sealing ordinances, see above, chap, viii., sec. i.] II. The ignorant and scandalous are not to be admitted to the Lord's Supper. III. It is proper that public notice should be given to the congre- gation, at least, the Sabbath before the administration of this ordi- nance, and that, either then, or on some day of the week, the people be instructed in its nature, and a due preparation for it; that all may come in a suitable manner to this holy feast. IV. When the sermon is ended, the minister shall show, That this is an ordinance of Christ; by reading the words of in- stitution, either from one of the evangelists, or from 1 Cor., xi. chap- ter ; which, as to him may appear expedient, he may explain and apply ; that it is to be observed in remembrance of Christ, to show 798 THE DIRECTORY FOR WORSHIP. forth his death till he come; that it is of inestimable benefit, to strengthen his people against sin; to support them under troubles; to encourage and quicken them in duty; to inspire them with love and zeal ; to increase their faith, and holy resolution ; and to beget peace of conscience, and comfortable hopes of eternal life. He is to warn the profane, the ignorant, and scandalous, and those that secretly indulge themselves in any known sin, not to approach the holy table. On the other hand, he shall invite to this holy table, such as, sensible of their lost and helpless state of sin, depend upon the atonement of Christ for pardon and acceptance with God ; such as, being instructed in the gospel doctrine, have a competent knowledge to discern the Lord's body, and such as desire to renounce their sins, and are determined to lead a holy and godly life. 1. The Ignorant or Scandalous Excluded. Such as are found to be ignorant or scandalous, notwithstanding their profession of the faith, and desire to come to the Lord's Supper, may and ought to be kept from that sacrament by the power which Christ hath left in his Church, until they receive instruction, and manifest their reform- ation. — Larger Catechism, quest. 173. 2. Not the Custom to Invite those who have not Professed Christ. Overture No. 42, asking if it accords with the spirit and usage of the Presbyterian Church, to invite persons, believers, not members of any evangelical church, to partake of the Lord's Supper. The Committee recommend the reply, that " it is not in accordance with the spirit and usage of the Presbyterian Church to extend such invitations." Adopted. — 1872, p. 75. V. The table, on which the elements are placed, being decently covered, the bread in convenient dishes, and the wine in cups, and the communicants orderly and gravely sitting around the table (or in their seats before it), in the presence of the minister; let him set the elements apart, by prayer and thanksgiving. The bread and wine being thus set apart by prayer and thanksgiv- ing, the minister is to take the bread, and break it, in the view of the people, saying, in expressions of this sort : " Our Lord Jesus Christ, on the same night in which he was be- trayed, having taken bread, and blessed and broken it, gave it to his disciples; as I, ministering in his name, give this bread unto you, saying [here the bread is to be distributed], Take, eat: this is my body, which is broken for you : this do in remembrance of me." After having given the bread, he shall take the cup, and say, " After the same manner, our Saviour also took the cup ; and hav- ing given thanks, as hath been done in his name, he gave it to the disciples ; saying [while the minister is repeating these words let him OF THE ADMINISTRATION OF THE LORD ? S SUPPER. 799 give the cup], This cup is the new testament in my blood, which is shed for many, for the remission of sins : drink ye all of it." The minister himself is to communicate, at such time as may ap- pear to him most convenient. The minister may, in a few words, put the communicants in mind, "Of the grace of God, in Jesus Christ, held forth in this sacra- ment ; and of their obligation to be the Lord's ; and may exhort them to walk worthy of the vocation wherewith they are called; and, as they have professedly received Christ Jesus the Lord, that they be careful so to walk in him, and to maintain good works." It may not be improper for the minister to give a word of exhort- ation also to those who have been only spectators, reminding them, " Of their duty ; stating their sin and danger, by living in disobe- dience to Christ, in neglecting this holy ordinance ; and calling upon them to be earnest in making preparation for attending upon it, at the next time of its celebration." Then the minister is to pray, and give thanks, to God, " For his rich mercy, and invaluable goodness, vouchsafed to them in that sacred communion; to implore pardon for the defects of the whole service; and to pray for the acceptance of their persons and performances ; for the gracious assistance of the Holy Spirit, to enable them, as they have received Christ Jesus the Lord, so to walk in him ; that they may hold fast that which they have received, that no man take their crown ; that their conversation may be as becometh the Gospel ; that they may bear about with them, continually, the dying of the Lord Jesus, that the life also of Jesus may be manifested in their mortal body ; that their light may so shine before men, that others, seeing their good works, may glorify their Father, who is in heaven." The collection, for the poor, and to defray the expense of the ele- ments, may be made after this, or at such other time as may seem meet to the eldership. Now let a psalm or hymn be sung, and the congregation dismissed, ivith the following or some other gospel benediction : " Now the God of peace, that brought again from the dead our Lord Jesus, that great Shepherd of the sheep, through the blood of the everlasting covenant, make you perfect in every good work to do his will, working in you that which is well pleasing in his sight, through Jesus Christ; to whom be glory for ever and ever. Ai VI. As it has been customary, in some parts of our Church, to observe a fast before the Lord's Supper; to have a sermon on Satur- day and Monday; and to invite two or three ministers, on such occa- sions; and as these seasons have been blessed to many souls and may 800 THE DIRECTORY FOR WORSHIP. tend to keep up a stricter union of ministers and congregations ; we think it not improper, that they who choose it may continue in this practice. CHAPTER X. OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. I. Children, born within the pale of the visible Church, and ded- icated to God in baptism, are under the inspection and government of the Church ; and are to be taught to read, and repeat the Catechism, the Apostles' Creed, and the Lord's Prayer. They are to be taught to pray, to abhor sin, to fear God, and to obey the Lord Jesus Christ. And, when they come to years of discretion, if they be free from scan- dal, appear sober and steady, and to have sufficient knowledge to dis- cern the Lord's body, they ought to be informed, it is their duty, and their privilege, to come to the Lord's Supper. [See also Book of Discipline, chap, i., sec. vi.] 1. Pastoral Care over Baptized Children. a. Whereas, The Book of Discipline states that children born within the pale of the visible Church, and dedicated to God in baptism, are under the inspection and government of the Church, and specifies various im- portant particulars in which that inspection and government should be exercised, as also directs the mode in which they shall be treated if they do not perform the duties of church members ; and whereas, there is rea- son to apprehend that many of our congregations neglect to catechise the children that have been admitted to the sealing ordinance of baptism, and do not exercise suitable discipline over them ; therefore, Resolved, That the different Presbyteries within our bounds are hereby directed to inquire of the different sessions whether a proper pastoral care be exercised over the baptized children in their congregations, that they learn the principles of religion, and walk in newness of life before God, and that said Presbyteries do direct all sessions delinquent in this respect to attend to it carefully and without delay. — 1809, p. 431. b. Resolved, That the General Assembly recommend, and they do hereby recommend to the pastors and sessions of the different churches under their care, to assemble as often as they may deem necessary during the year the baptized children, with their parents, to recommend said children to God in prayer, explain to them the nature and obligations of their bap* tism, and the relation they sustain to the Church. — 1818, p. 691. 2. Discipline of Baptized Children.— The Subject Postponed. a. How far, and in what sense, are persons who have been regularly baptized in infancy, and have not partaken of the sacrament of the Lord's Supper, subject to the discipline of the Church? Resolved, That the public standards of this Church contain a sufficient answer to the question stated in the above reference. — 1799, p. 171. OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. 801 b. [The Book of the Synod of Kentucky] contains a reference from said Synod to this Assembly of a case relative to the disciplining of baptized persons arrived at maturity, not in communion. This reference was committed to Dr. Clark, Messrs. Nathan Grier and Picton, who were directed to report to the Assembly on the subject. — 1811, p. 468. The Committee . . . brought in their report, which was read, and the subject indefinitely postponed. — 1811, p. 475. c. Resolved, That Drs. Miller and Romeyn, and Rev. James Richards, be a Committee to prepare and report to the next Assembly a full and complete answer to the following overture from the Synod of Kentucky, viz. : What steps should the Church take with a baptized youth, not in com- munion, but arrived at the age of maturity, should such youth prove dis- orderly and contumacious? — 1811, p. 480. The Committee appointed by the last Assembly to report to this As- sembly on the subject of disciplining baptized children, reported, and the report was recommitted to the same Committee for revision and publica- tion, and it was d. Resolved, That the Assembly, without expressing any opinion on the principles it contains, recommend it to the serious consideration of all the Presbyteries and ministers that in due time a decision may be had on the important subjects discussed in the report. — 1812, p. 509. e. [In 1814 the matter came up again, and it was] Resolved, That the whole subject be referred to a Committee, to con- sider and report to the Assembly what shall appear to them to be the correct method of procedure to be adopted relative thereto, in the circum- stances in which it is now before the Assembly, and that Drs. Green, Woodhull and Wilson, and Messrs. Caldwell and Connelly, be the Com- mittee.— 1814, p. 543. /. The report on the subject of disciplining baptized children, which had at a former session of this Assembly been laid on the table, was again read and recommitted to the same Committee, with the addition of Drs. Griffin and Blatchford, and Messrs. Blackburn, Fisher and Haslett. — lb., p. 551. [This Committee was subsequently discharged, and the whole subject indefinitely postponed. — 1814, p. 567.] g. A reference from the Presbytery of Fayetteville on the subject of ex- communicating a person who had been baptized, but had not been received into full communion of the Church, was overtured, and was committed to Dr. Miller, Messrs. Finley, Freeman, Cook and Haslett. The unfinished business of yesterday, viz., the consideration of the re- port of the Committee to which had been committed the reference of the Presbytery of Fayetteville, concerning the proper construction of the first article of the first chapter of the forms of process, relative to persons who have been baptized, but have not been admitted to the Lord's table, was resumed. After a long discussion on the subject, a motion was made and seconded for an indefinite postponement. The question being taken, was determined in the affirmative, and therefore the further consideration of the subject was indefinitely postponed. — 1815, pp. 578, 589. h. In consequence of but little being said [in the presbyterial narratives] in regard to the care and instruction of the baptized children of the Church, the Assembly fears that there is a lamentable deficiency in this respect. Let us, as we value that covenant which makes the promise not only ours but our children's, take a more diligent oversight of these youthful mem- 101 802 THE DIRECTORY FOR WORSHIP. bers of our Church. Too often are they left to wander unrestrained and forgotten in the paths of error and of sin. Can the Church answer to hex great Head, if this neglect of duty be not mourned over and corrected? — 1835, p. 37. 3. Children should be trained in the Faith of our Fathers. We have two suggestions to make to Christian parents on this general subject. One is, that they cause their children to be brought up in the faith of their fathers. We do not mean by this that our youth should be prevented from following out their honest convictions of duty ; but that they should be dissuaded from uniting with other denominations from mere caprice or childish fancies. We consider the conduct of those parents who suffer their children to abandon our own Church without any adequate reason, as in a high degree reprehensible, and calculated to inflict a serious injury both on the Church and on their divided households. —1840, p. 310, O. S. 4. Catechetical Instruction. a. The following resolutions on the subject of catechetical instruction were unanimously adopted, viz. : 1. Resolved, That this General Assembly considers the practice of cate- chetical instruction as well adapted to the prosperity and -purity of our Zion. 2. Resolved, That this Assembly view also with deep regret the neglect, on the part of many of our churches, of this good old practice of our fathers — a practice which has been attended with such blessed results to the cause of pure and undefiled religion. 3. Resolved, That the institution of Sabbath-schools does not exonerate ministers and parents from the duty of teaching the Shorter Catechism to the children of the Church. 4. Resolved, That this Assembly earnestly and affectionately recom- mend to all the ministers and ruling elders in its connection to teach dili- gently the young of their respective congregations the Assembly's Shorter Catechism.— 1849, p. 181, N. S. 5. Family Training- essential to the Increase of the Ministry and the Church. b. Resolved, That the Assembly regard Christian training at all periods of youth, and by all practicable methods, especially by parents at home, by teachers in institutions of learning, and by pastors through catechetical and Bible classes, as binding upon the Church, according to the injunc- tion, Train up a child in the way he should go, and as having a vital con- nection with the increase of the numbers and efficiency of the ministry and of the stability and purity of the Church. — 1854, p ; 30, O. S. 6. Placing Children in Catholic Schools a Violation of Covenant Engagement. What course ought church sessions to pursue with members of the Church who send their children to Catholic boarding-schools, where they are entirely deprived of the evangelical means of grace, and are obliged to attend upon papistical services t 1. Resolved, That this Assembly deem such conduct on the part of any Protestant parents, whether church members or not, as highly injudicious, fraught with great danger to their children, and utterly inconsistent with every principle of Protestantism. OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. 803 % Rooked, That we deem such conduct in church members, whose children have been dedicated to God in baptism, as a violation of their vows made in that ordinance, and a great hindrance to the training up of their children in the nurture and admonition of the Lord. 3. Resolved, That it be recommended to all ministers in our connection where such a practice exists, to present this subject from the pulpit, and in other suitable ways to admonish those who offend. — 1849, p. 265, O. S. II. The years of discretion, in young Christians, cannot be pre- cisely fixed. This must be left to the prudence of the eldership. The officers of the church are the judges of the qualifications of those to be admitted to sealing ordinances; and of the time when it is pro- per to admit young Christians to them. Sec. iii., 8, below. III. Those who are to be admitted to sealing ordinances shall be examined as to their knowledge and piety. 1. Universalists not to be Admitted to Sealing- Ordinances. a. A question from the Synod of the Carolinas was introduced as fol- lows, viz. : Are they who publicly profess a belief in the doctrine of the universal and actual salvation of the whole human race, or of the fallen angels, or both, through the mediation of Christ, to be admitted to the sealing ordi- nances of the gospel ? The Assembly determined that such persons should not be admitted. —1792, p. 60. 6. The consideration of Dr. McCorkle's letter was resumed. On the proposition in the letter, requesting a reconsideration of the sentence of the General Assembly, respecting the doctrine of universal salvation, passed at Carlisle in 1792, the Assembly unanimously agreed to adhere to the aforesaid decision. — 1794, p. 86. 2. Persons refusing to Present their Children in Baptism not to be refused Communion, but the Expediency of Receiving them to be Judged of by the Session The Committee appointed on Overture No. 7, from the session of Union Grove church, Illinois, made the following report, which was adopted, viz. : That two questions are submitted in this overture to the judgment of the Assembly, viz. : 1. Is it the duty of church sessions to admit to membership persons who refuse to present their children to God in the ordinance of baptism? 2. What is the duty of the session in case of parents, members of the church, who refuse from conscientious scruples to present their children for baptism ? For a reply to these questions, the session are referred to the Digest, part iv., chap, ii., sec. 7, p. 98, where the decision of the Assembly on the principle involved in both is recorded as follows : A letter also came, through the Committee of Overtures, from Bethuel Church, Esq., inquiring whether he may be admitted to occasional com- munion, whilst he has scruples concerning in 'ant baptism. 804 THE DIRECTORY FOR WORSHIP. The letter from Bethuel Church, Esq., as overtured, was read, and the motion formerly made thus amended, That the session of the church of Cambridge he permitted to receive Mr. Church upon satisfactory evidence of his goud character, his scruples notwithstanding, was taken up and agreed to. But while it is clear, that persons otherwise of good Christian charac- ter, are not to be excluded from the communion of the church, because they have scruples concerning infant baptism, there is in every case, where such persons apply for admission, a question as to the expediency of receiving them, upon which the session of the church must decide. — 1834, p. 449. 3. Duelists to be Received only on Evidence of Repentance. Resolved, Also, that it be, and it is hereby recommended to all the ministers under the care of the Assembly, that they scrupulously refuse to attend the funeral of any person who shall have fallen in a duel ; and that they admit no person who shall have fought a duel, given or accepted a challenge, or been accessory thereto, unto the distinguishing privileges of the Church until he manifest a just sense of his guilt, and give satis- factory evidence of repentance. — 1805, p. 339. 4. Postmasters Officiating" on the Sabbath. a: An appeal by Mr. Wiley,* postmaster in Washington, Pennsylvania, from a decision of the Synod of Pittsburg, by which it is determined that Mr. Wiley's officiating as postmaster on the Sabbath day, in existing cir- cumstances, is a sufficient reason to exclude him from the special privi- leges of the Church, was overtured and read. Resolved, That the above decision of the Synod of Pittsburg be affirmed. —1810, p. 456. b. A petition signed by a number of persons in Washington, Pennsylva- nia, and vicinity, praying the revision, with a view to its being rescinded, of the decision of the General Assembly of 1810, respecting the case of Mr. Wiley, postmaster, was overtured. Resolved, That the prayer of the petitioners be not granted. — 1812, p. 508. 5. Proprietor of Mail Stages Running on the Sabbath. An overture relative to receiving a person as a member of the Church who is a proprietor in a line of stages which carries the mail, and runs on Sabbath. Resolved, That it is the decided opinion of this Assembly that all at- tention to worldly concerns on the Lord's day, further than the works of necessity and mercy demand, is inconsistent both with the letter and spirit of the fourth commandment; and consequently all engagements in regard to secular occupations on the Lord's day, with a view to secure worldly advantages, are to be considered inconsistent with Christian character, and that those who are concerned in such engagements, ought not to be ad- mitted into the communion of the Church while they continue in the same.— 1819, p. 713. 6. Persons Engaged in the Sale of Intoxicating Drinks. Resolved, That the records of the Synod of Pittsburg be approved, ex- cept so far as they seem to establish a general rule in regard to the use and sale of ardent spirits as a beverage, which use and sale are generally OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. 805 to be decidedly disapproved, but each case must be decided in view of all the attendant circumstances that go to modify and give character to the same.— 1843, p. 189, O. S. [See also 1842, p. 16, O. S.] 7. Subjection to the Discipline of the Church Requisite. Is a church session authorized by the principles laid down in the Con- fession of Faith, to admit individuals to the Lord's table, who do not sub- scribe to the doctrines and submit to the discipline of the Church? There can be no doubt that all persons admitted to the communion of the Presbyterian Church do in fact and form submit to its discipline (ex- cept in cases of occasional communion by members of other churches); but every session must judge for themselves of that degree of knowledge of Christian doctrine and adherence thereto on the part of those examined by them, which may render their reception suitable, and for their own edi- fication and the peace of the Church. — 1853, p. 434, O. S. 8. To be Admitted only by a Session Regularly Constituted. The Committee to whom was referred the subject involved in so much of the records of the Synod of Cincinnati as relates to the admission of persons to church privileges at the great meetings common in that region, made the following report, which was adopted, viz. : That they have given this subject a careful consideration, and recom- mend the adoption of the following resolutions, viz.: Resolved, 1. That the order of the churches requires that all persons making a public profession of religion be introduced to the communion of the church only by an individual session regularly constituted. Resolved, 2. That it is the right and duty of sessions to take the ex- clusive oversight of their respective congregations, and that the practice of one session admitting to a Christian profession persons belonging or in- tending to belong to a congregation under the care of another session, is irregular, and ought not to be countenanced. Resolved, 3. That the purity and prosperity of the Church, as well as the best interests of those immediately concerned, demand great circum- spection in the admission of persons to church privileges; and that ordi- narily it is deemed improper to receive persons immediately upon their indulging a hope of reconciliation with God, especially in the case of the young, and of persons of previously immoral lives or lax principles, and of those concerning whom little is known. — 1832, p. 373. 9. The Session the Judge of the Qualification of Candidates for Membership. Has a session or church constitutional power, in examining a candidate for membership, to require abstinence from any error, practice, or custom, which the members adjudge to be sinful, and decidedly injurious to per- sonal piety, and to the interests of the Church of Christ? And, if they have this power, then is it expedient to admit persous to membership who practice and defend promiscuous dancing, card-playing, and the use, man- ufacture and sale of intoxicating drinks as a beverage? The Committee recommended the following answer: It is the province of the session to judge of the qualifications of candi- dates for membership in the church. For their guidance in the matters 806 THE DIBECTOEY FOR WORSHIP. noticed in the overture, reference is made to past acts of the Assembly, found in the Digest, chap, vii., on "Moral Questions," sees, iii., iv. and v.* The report was adopted. — 1864, p. 510, N. S. 10. Question as to the Baptism of a Member of the Friends' Society. Overture No. 7, from the Presbytery of St. Clairsville. Would it be consistent for a minister of the Presbyterian Church to administer the ordinance of baptism to a member of the Friends' Society, who professes to believe that "Jesus is the Son of God" and the essential doctrines of the Christian religion, but declares his intention to continue his connec- tion with the Friends' Society? The Committee on Bills and Overtures reported a recommendation that the inquirers be referred to the answers in the Larger and Shorter Cate- chisms, to the question, " To whom is baptism to be administered?" The report was adopted. — 1864, p. 314, O. S. 11. Intercommunion with those who Maintain an Irregular Minis- try Discouraged. The Committee on Overture No. 3, viz.: a question from the Presbytery of Bethel, respecting holding communion with the followers of Wm. C Davis, a deposed minister, and calling themselves Independent Presby- terians, reported, that in their judgment the questions proposed in said overture ought to be answered in the negative. They therefore would recommend the adoption of the following resolution, viz.: Resolved, That while this Assembly readily acknowledges the right of the session to determine according to the Scriptures and the Constitution of our Church, the qualifications for admission to sealing ordinances, yet they feel it to be their duty to declare, that in their judgment, the services of those who have received only lay-ordination, and of those who have been deposed from the gospel ministry, are unscriptural and unwarrant- able ; and therefore an attendance on their ministrations cannot be in the order of the gospel, and ought to be discouraged and discountenanced by every friend of the Redeemer's kingdom. — 1833, p. 407. IV. When unbaptized persons apply for admission into the church, they shall, in ordinary cases, after giving satisfaction with respect to their knowledge and piety, make a public profession of their faith, in the presence of the congregation ; and thereupon be baptized. 1. On Baptism upon a General Profession of Faith in Christ. The Committee on the Polity of the Church reported an answer to the following inquiry : " Is it forbidden by our standards to baptize adult converts upon a general confession of faith in Christ, previous to their being received into a particular church, and assenting to its articles of faith ?" as follows, viz. : A profession of faith in Christ and obedience to him is all that is re- quired in our standards of those who are out of the visible Church, in order to their being baptized. (See Confession of Faith, chap, xxviii., sec. iv. ; Larger Catechism, quest. 166; Shorter Catechism, quest. 95.) * The reference above is to Moore's New Digest, sections on intemperance, the thea- tre, dancing and gambling, pp. 257-265. See in this Digest under Discipline, chap, i., Bee. iii. OF THE MODE OF INFLICTING CHURCH CENSURES. 807 Hence, cases may occur in which, as in the case of Philip and the Ethio- pian eunuch, it may be proper to baptize a person who does not expect im- mediately to connect himself with any particular church. But inasmuch as it was the obvious intent of the Saviour that all his disciples should be associated in local churches, and inasmuch as we cannot obey one of his commandments, that requiring us to remember him at his table, without such connection : therefore, your Committee believe that in no ordinary circumstances can a person give good evidence of a readiness to obey Christ in all things, who, having the opportunity, does not connect himself with some particular branch of the visible body of Christ. In the practice of our Church, and according to her standards, baptism is manifestly regarded as a part of the general profession of faith in, and obedience to, Christ, which constitute his initiation into the visible Church, and into some par- ticular branch of it ; and in no ordinary case ought the several parts of this solemn profession to be separated. — 1860, p. 244, N. S. [See Form of Government, chap, ix., sec. vi., 5.] 2. To Admit to Sealing Ordinances belongs Exclusively to the Session. —Forms of Admission. Overture No. 38, from the Presbytery of Brooklyn, on the methods of receiving members to the communion of our churches and urging the im- portance of uniformity in these methods, as well as calling attention to " serious and hurtful evils " growing out of a disregard of the teachings of our standards on this subject. The following answer is recommended by the Committee : 1. That the admission of persons to sealing ordinances is confided, by the Form of Government, really and exclusively to the church session. 2. That any forms, for publicly recognizing those who have been thus admitted to sealing ordinances, should keep in view the principle thus declared, and should give effect to the distinction, so clearly laid down by our standards, between admitting the children of the Church to the Lord's table, and the unbaptized to membership in the Church. 3. That it be referred to a Committee of five, to report to the next General Assembly, whether it is desirable to propose uniform methods of publicly recognizing these classes of persons respectively, and, if they deem it desirable, to prepare such forms as may seem to them most appro- priate. Adopted. — 1872, p. 89. The Committee reported, and the further consideration of the report was referred to the next Assembly. — 1873, p. 549. 808 THE DfRECTORY FOR WORSHIP. CHAPTEE XI. OF THE MODE OF INFLICTING AND REMOVING CENSURES. I. The power which Christ has given the rulers of his Church is for edification, and not destruction. When, therefore, a communicant shall have been found guilty of a fault deserving censure, the judica- tory shall proceed with all tenderness, and restore the offending brother in the spirit of meekness, its members considering themselves, lest they also be tempted. Censure ought to be inflicted with great solem- nity, that it may be the means of impressing the mind of the delin- quent with a proper sense of his sin ; and that, with the divine bless- ing, it may lead him to repentance. II. When the judicatory has resolved to pass sentence suspending a communicant from church privileges, the moderator shall pronounce the sentence in the following form : " Whereas, you have been found guilty [by your own confession, or by sufficient proof, as the case may be~\ of the sin of [here mention the particular offence'], we declare you suspended from the sacrament of the Lord's Supper, till you give satisfactory evidence of repentance." To this shall be added such advice, admonition, or rebuke, as may be judged necessary; and the whole shall be concluded with prayer to Almighty God, that he would follow this act of discipline with his blessing. In general, such censure should be inflicted in the presence of the judicatory only; but, if the judicatory think it expedient to rebuke the offender publicly, this solemn suspension may be in the presence of the church. III. After a person has been thus suspended, the minister and elders should frequently converse with him, as well as pray for him in private, that it would please God to give him repentance. And, particularly on days preparatory to the dispensing of the Lord's Sup- per, the prayers of the church should be offered up for those who have shut themselves out from this holy communion. IV. When the judicatory shall be satisfied as to the reality of the repentance of any suspended member, he shall be allowed to profess OF THE MODE OF INFLICTING AND REMOVING CENSURES. 809 his repentance, and be restored to fellowship in the presence of the Session, or of the church. V. When a suspended person has failed to manifest repentance for his offence, and has continued in obstinate impenitence not less than a year, it may become the duty of the judicatory to excommunicate him without further trial. The design of excommunication is to operate upon the offender as a means of reclaiming him, to deliver the church from the scandal of his offence, and to inspire all with fear by the example of his puuishment. VI. When a judgment of excommunication is to be executed, with or without previous suspension, it is proper that the sentence be pub- licly pronounced against the offender. The minister shall, therefore, at a regular meeting of the church, make a brief statement of the several steps which have been taken, with respect to the offender, announcing that it has been found neces- sary to excommunicate him. He shall begin by showing (from Matt, xviii. 15, 16, 17, 18 ; 1 Cor. v. 1, 2, 3, 4, 5) the power of the church to cast out unworthy mem- bers, and shall briefly explain the nature, use, and consequences of this censure. Then he shall pronounce the sentence in the following or like form — viz. : " Whereas, A. B. hath been, by sufficient proof, convicted of [here insert the shi], and after much admonition and prayer, refuseth to hear the church, and hath manifested no evidence of repentance; there- fore, in the name aud by the authority of the Lord Jesus Christ, I pronounce him to be excluded from the communion of this church." After which prayer shall be made for the conviction and reforma- tion of the excommunicated person, and for the establishment of all true believers. But the judicatory may omit the publication of the excommunica- tion, when it judges that there is sufficient reason for such omission. VII. When an excommunicated person shall be so affected by his state as to be brought to repentance, and desires to be readmitted to the privileges of the church, the Session of the church which excommu- nicated him, having obtained, and placed on record, sufficient evidence of his sincere repentance and deep contrition, shall proceed to restore him, recording, in explicit terms, the grounds on which such conclu- sion has been reached. The sentence of restoration shall be pronounced by the minister, at a regular meeting of the church on the Lord's day, in the following words : 102 810 THE DIRECTORY FOR WORSHIP. "Whereas, A. B. has been excluded from the communion of the church, but has now given satisfactory evidence of repentance ; in the name of the Lord Jesus Christ, and by his authority, I declare him absolved from the sentence of excommunication formerly pronounced against him ; and I do restore him to the communion of the church, that he may be a partaker of all the benefits of the Lord Jesus, to his eternal salvation." After which he shall be commended to God in prayer. VIIL Censures, other than suspension from church privileges, or excommunication, shall be inflicted in such mode as the judicatory may direct. CHAPTER XII. OF THE SOLEMNIZATION OF MARRIAGE. I. Marriage is not a sacrament ; nor peculiar to the Church of Christ. It is proper that every commonwealth, for the good of soci- ety, make laws to regulate marriage ; which all citizens are bound to obey. II. Christians ought to marry in the Lord ; therefore it is fit that their marriage be solemnized by a lawful minister ; that special in- struction may be given them, and suitable prayers made, when they enter into this relation. 1. Marriage Solemnized by Licentiates. That while our Form of Government does not recognize licentiates as ministers of the gospel, yet this Assembly do not consider them as violat- ing any rules of the Church by solemnizing marriage in those States where the civil laws expressly authorize them to do it. — 1844, p. 377, O. S. 2. Marrying- in the Lord Defined. It is lawful for all sorts of people to marry who are able with judgment to give their consent, yet it is the duty of Christians to marry only in the Lord. And, therefore, such as profess the true reformed religion should not marry with infidels, papists or other idolaters: neither should such as are godly be unequally yoked, by marrying with such as are notoriously OF THE SOLEMNIZATION OF MARRIAGE. 811 wicked in their life, or maintain damnable heresies. — Confession of Faiih^ chap, xxiv., iii. 3. Marriage of Heathen Converts. — The Presbyteries to Judge. A memorial from the Presbytery of Ningpo, in China, asking for advice from this General Assembly on the subject of the marriage of professing Christians with the heathen. The Committee recommended that it be answered as follows: In performing the work of missions among the heathen, many difficul- ties will arise which will require great wisdom and forbearance, and which can only be overcome by a wise application of scriptural rules. Of this kind are the cases respecting marriage, which will frequently occur so long as the great majority of the people are heathen. And this applica- tion of these rules must be made with a sound discretion, and be very much modified by particular circumstances. That the apostolical direc- tion, "be not unequally yoked together with unbelievers," is the advice of the Lord by*the apostle, and is to be observed carefully in all cases, as far as practicable, is true. But like other divine injunctions, it must be ap- plied in all cases with due consideration of circumstances. It is not, therefore, in the circumstances stated in the overture, to be regarded as sinful universally and necessarily for a Christian to marry a heathen ; nor is a Christian to be subjected to discipline on this account, unless the cir- cumstances show criminality and require the infliction of censure, of which circumstances the missionaries are the best judges. [The overture was] referred back to the Presbytery of Ningpo. — 1850, pp. 458, 482, O. S. III. Marriage is to be between one man and one woman only: and they are not to be within the degrees of consanguinity or affinity pro- hibited by the word of God. Marriage is to be between one man and one woman ; neither is it lawful for any man to have more than one wife, nor for any woman to have more than one husband at the same time. — Confession of Faith, chap, xxiv., i. 1. Questions of Marriage of Divorced Persons. Adultery or fornication, committed after a contract, being detected before marriage, giveth just occasion to the innocent party to dissolve that contract. In the case of adultery after marriage, it is lawful for the inno- cent party to sue out a divorce, and after the divorce to marry another, as if the offending party were dead. — Confession of Faith, chap, xxiv., v. 2. A Minister, having Married again, Required to Cease Officiat- ing until Proof is Furnished of the Death of his Wife. The business concerning Mr. Van Vleck and his people again taken into consideration. It was concluded that after the Presbytery had examined the several evidences brought in relation to the crime of bigamy, alleged against Mr. Van Vleck, as also the exceptions offered by the said Van Vleck against the evidences and in vindication of himself, the Presbytery not finding the evidences clear and positive enough to prove the crime against him, and yet Mr. Van Vleck's vindication not sufficient to take off the scandal wholly, do therefore, till such time as Mr. Van Vleck brimi; satisfying proof of his first wife's death, for the honor of the gospel, advise that he 812 THE DIRECTORY FOR WORSHIP. do not officiate as a minister of the gospel. To which advice he does will- ingly agree. Ordered, upon the whole, that a letter be writ to Mr. Van Vleck's peo- ple by the moderator and Mr. Hampton. — 1712, p. 26. 3. Nothing but Adultery or Willful Desertion -which cannot be Remedied Just Cause of Divorce. Although the corruption of man be such as is apt to study arguments, unduly to put asunder those whom God hath joined together in marriage, yet nothing but adultery, or such willful desertion as can no way be reme- died by the Church or civil magistrate, is cause sufficient of dissolving the bond of marriage : wherein a public and orderly course of proceeding is to be observed, and the persons concerned in it not left to their own wills and discretions in the case. — Confession of Faith, chap, xxiv., vi. 4. In Divorce for Adultery the Innocent Party may Marry Again. The following question, referred to Synod by the Presbytery of Done- gal for their ' decision, was brought in by the Committee of Overtures, viz.: Whether, on full proof of adultery by one party, the Presbytery has a right to declare the marriage so far void as that the innocent party may marry again without being liable to church censure? And after some time spent in debating the case, it was moved and agreed that each member should speak to the question in the order of the roll. After which the vote was put, and the question carried in the affirm- ative, by a small majority. — 1785, p. 509. 5. A Bigamist to be Excluded from the Privileges of the Church. —"Willful Desertion a just Cause for Divorce.— If just Cause ex- ist and Divorce be Refused, the Church may Receive him. A married man left Ireland a number of years ago, leaving his family behind him, with hopes of providing better for them in this country. He afterward returned to Ireland three sundry times, with an intention of bringing in his family. But by no arguments could his wife be persuaded to come with him ; and the last time peremptorily refused all farther co- habitation. He afterward returned, and remained in single life ten years in this country. He is since married, and has children in second mar- riage : his wife and he are desiring communion. This man ought not to be admitted to the privileges of the Church; be- cause, although willful and obstinate desertion is a legal cause of divorce, yet it does not appear that this man has actually been divorced from his wife; and it is improper and dangerous to receive to Church communion such persons as, in the eye of the civil law, are living in vice. And al- though a good man may sometimes be oppressed by power, and prevented from obtaining a divorce where sufficient causes exist, yet it does not ap- pear from your representation that he has used the proper means to obtain a legal divorce, nor even to authenticate the facts upon which he founds his application for the privileges of the Church by sufficient evidence from Ireland — the place in which they happened, and where alone they can be substantiated; and it is contrary to all just rules of proceeding to take any evidence or representation ex parte. But, the decision of the Assembly notwithstanding, if it shall appear that this man has separated from his wife by her willful and obstinate desertion, and that he has taken all just means to obtain a divorce, to which he was lawfully entitled, but was pre- OF THE SOLEMNIZATION OF MARRIAGE. 813 vented and oppressed by the power of antagonists or of unjust courts; and if he shall moreover produce such evidence of these facts from the place in which they happened, as would entitle him to a divorce by the laws of this land and of this Church, then, in that case, it is the opinion of the General Assembly that such man, behaving himself otherwise as a good Christian, may be admitted to Church privileges. But in such case, it is necessary that the most authentic evidence be required and great caution used, both that the proceedings of the Church may not be inconsistent with the civil law, and that a door be not opened to laxness on this im- portant subject of morals. — 1790, p. 28. 6. Marriage with a Woman Divorced for Cause other than Adul- tery. [The Assembly, by a vote of 106 to 52, sustained the complaint of the Presbytery of Des Moines, in the case of Rev. James H. Shields. The minute adopted states the case — ] a. In the year 1853, Maria C. Cowles presented a petition under oath to the District Court of Wayne county, Iowa, praying for a divorce from her husband, William A. Cowles, in which it was stated substantially, that she had been lawfully married to said Cowles in January, 1839, in the State of Massachusetts ; that they had lived together there until August, 1851, when she separated herself from him, and proceeded to Iowa, where she has since resided. That, previous to her departing from him iu 1851, her husband was in the habit of becoming intoxicated, and when so intoxi- cated, was ill-natured and abusive — so much so, that her situation as his wife became intolerable ; and she had been under the necessity of leaving his house and of making her own living since that time, the defendant having neglected to make provision for her support since the period of her separation from him. No pertinent proof of the truth of these allegations was made ; but the court, notwithstanding, granted her a divorce a vin- culo matrimonii; when James H. Shields, then a member of the Presby- tery of Des Moines, being cognizant of all the facts in the case, was mar- ried to the said Maria C. Cowles, and has continued to cohabit with her as his wife. In April, 1856, the Presbytery instituted proceedings against him for adultery, and finally convicted him of that offence, and deposed him from the ministry and excommunicated him from the church. There- upon the said Shields appealed to the Synod of Iowa, who reversed the decision of Presbytery. The case is before this General Assembly on a complaint of the Rev. Thompson Bird, on behalf of the Presbytery, against the action of Synod. In view of all the testimony brought before the Assembly, the com- plaint is sustained. It has not been made to appear that the said Maria C. Cowles attempted to establish the fact of adultery against her husband, William A. Cowles. Neither has there been proved "such willful desertion" on his part, as can no tuay be remedied by the Church or civil magistrate" as is recognized in the Confession of Faith (chap, xxiv., sec. vi.), as "cause sufficient of dis- solving the bond of marriage" The General Assembly do, therefore, consider that the said James H. Shield -s was properly convicted of adultery ; and the decision of the Synod of Iowa in this case is hereby reversed, and the judgment of the Presby- tery of Des Moines therein confirmed. The Assembly, whilst rendering this decision, takes occasion to call the attention of the churches under its care to a tendency, manifest in some 814 THE DIRECTORY FOR WORSHIP. portions of our country, to relax the sacredness of the marriage tie. Ly- ing, as the institution of marriage does, at the very foundation of order, purity and prosperity in the State and in the Church, the Assembly can- not view without abhorrence any attempt to diminish its sanctity or to extend beyond the warrant of the Holy Scriptures the grounds of divorce. —1858, pp. 599, 600, N. S. c. The Assembly resumed the consideration of the appeal of the Rev. George Sheldon. The original parties having been fully heard, the roll was called, and opportunity was given to the members of the Assembly to express their opinions on the case. After which the final vote was taken, and the ap- peal was not sustained, nineteen voting in the affirmative, and fifty-four in the negative.— 1858, p. 607, N. S. [Mr. Sheldon was deposed by the Presbytery of Portage, on the ground of adultery, in having married a second wife during the life of his first wife, from whom he had obtained a divorce in the civil courts, in the judgment of the Presbytery on other than scriptural grounds. From the decision of the Presbytery he took an appeal to the Synod of the Western Reserve. The Synod decided as follows, viz.: After a full and patient hearing of the whole case of appeal by George Sheldon from the Presbytery of Portage, the Synod are constrained to be- lieve that the decision of the Presbytery was just ; and that the Presbytery conducted the case with as much order and tenderness as the inherent dif- ficulties of the case would admit.] In view of the whole case — Resolved, That the decision of the Presbytery of Portage be sustained. —lb. 7. Degrees of Affinity and Consanguinity. Marriage ought not to be within the degrees of consanguinity or affin- ity, forbidden in the word ; nor can such incestuous marriages ever be made lawful by any law of man or consent of parties, so as those persons may live together as man and wife. The man may not marry any of his wife's kindred nearer in blood than he may of his own, nor the woman of her husband's kindred nearer in blood than of her own. — Confession of Faith, ch. xxiv., iv. 8. Marriage with a Brother's Widow Incestuous. The affair of Andrew Van Dyke, that was referred from the Presby- tery of New Castle to the Synod, came under consideration, and a consid- erable time being spent in discoursing upon it, it was determined nemine contradicente, that his marriage with his brother's wife or widow was in- cestuous and unlawful, and their living together as the consequence of that marriage, is incestuous and unlawful; and that so long as they live together, they be debarred from all sealing ordinances, and that Mr. Wotherspoon make intimation hereof to his congregation in what time and manner he shall think convenient. — 1718, p. 50. b. Left to the Discretion of the Session. The appeal of Mr. William Adams from a decision of the Synod of Pittsburg was laid before the Assembly. The minutes of the Synod re- specting the case being read, it appeared that the said William Adams had married his brother's widow ; that his case having been brought be- fore the Presbytery of Erie, the said Presbytery had pronounced his mar- riage unconstitutional, and that the Synod, upon an appeal, had confirmed OF THE SOLEMNIZATION OF MARRIAGE. 815 the judgn ent of the Presbytery. From this judgment of the Synod, Mr. Adams appealed to the General Assembly. The Assembly, having taken the subject into consideration, were in- formed by some of their members, who are also members of the Synod of Pittsburg, that Mr. Adams' moral and religious character is perfectly fair and exemplary, except in what respects his marriage, which was con- tracted above fifteen years ago. — 1805, p. 338. The report of the Committee to whom the appeal was referred having been read and amended, was adopted, and is as follows, viz. : Whereas, Frequent decisions on marriages of a similar nature have been given by the late Synod of New York and Philadelphia, and by the General Assembly ; and whereas, it appeared on these occasions that while such marriages are offensive to some, to others they appear lawful, there- fore this Assembly consider the subject doubtful and delicate, and do not think it expedient to express any opinion on the decision of the Synod of Pittsburg in the present case. But in conformity to a decision made by last Assembly on a marriage somewhat similar, this General Assembly re- fers the case of Mr. Adams to the session of the church of Pocky Spring, or that of any other in which he may be, and leave it to their discretion to act according to their own best light and the circumstances in which tbey find themselves placed. — 1805, p. 340. 9. Marriage with a. deceased "Wife's Sister. a. In the case of a man's marrying two sisters, one after the other's death, the Synod judge, That, as the Levitical law, enforced also by the civil laws of the land, is the only rule by which we are to judge of mar- riages, whoever marry within the degrees of consanguinity and affinity forbidden therein act unlawfully, and have no right to the distinguishing privileges of the Church ; and as the marriages in question appear to be within the prohibited degrees, they are to be accounted unlawful, and the persons suspended from special communion while they continue in this relation.— 1761, p. 312. b. Anthony Dushane, who has married the sister of his former wife, and whose case has been before the Synod for two years past, preferred a petition that he might no longer be debarred the privileges of the church on account of said marriage. After full and deliberate discussion, the question was put, "Shall An- thony Dushane and his wife be capable of Christian privileges, their mar- riage notwithstanding?" w 7 hich was carried in the affirmative by a consid- erable majority. — 1782, p. 495. Remonstrances from sundry congregations were brought in by the Com- mittee of Overtures, requesting a reversing of the decision of the last Synod, respecting the marriage of a man with his former wife's sister. The Synod having again resumed the consideration of the judgment which they passed last year concerning Anthony Dushane, declare their dissatisfaction with all such marriages as are inconsistent with the Levit- ical law, "nd that persons marrying within the degrees of consanguinity prohibited in that law, ought to suffer the censures of the Church ; and they further judge, that, although the marriage of a man to two sisters successively, viz., to the one after the death of the other, may not be a di- rect violation of the express words of that law, yet, as it is contrary to the practice of the Protestant Churches in general, and an evidence of great untenderness toward many serious and well-disposed Christians, and may, through the prejudices or generally received opinions of the members of our Church, be productive of very disagreeable consequences ; the persona 816 THE DIRECTORY FOR WORSHIP. contracting such marriages are highly censurable, and the practice ought to be disallowed in express terms by the Synod, and we do therefore con- demn such marriages as imprudent and unseasonable. Yet as some things may be done very imprudently and unseasonably, which when done ought not to be annulled, we are of opinion that it is not necessary for the persons whom this judgment respects, to separate from one another, yet they should not be received into the communion of the Church, without a solemn admonition, at the discretion of the session of the congregation to which they belong ; and the Synod publicly recommend it to all their members to abstain from celebrating such marriages, and to discounte- nance them by all proper means in their power. — 1783, p. 500. lO. Where a Brother's and Sister's Relicts married together. The Synod judge that such a marriage, however inexpedient it may be, yet, as we cannot find it prohibited by the Levitical law, it is not to be condemned as incestuous. — 1760, pp. 301 and 303. 11. Marriage to Deceased "Wife's Sister Disapproved. a. The Committee to which had been referred the appeal of Mr. Wil- liam Vance from the judgment of the church session of Cross Creek, and the judgment of the Presbytery of Washington, Pa., by which judgment Mr. Vance had been excluded from church privileges on account of his being married to the sister of his deceased wife, reported, and their report was read, and the consideration and discussion of it was postponed, to take into consideration the following resolutions, which, after a full dis- cussion, were adopted by the Assembly as their decision in the case, viz. : Resolved, That, in the opinion of this General Assembly, the marriage of a man to the sister of his deceased wife, and all similar connections, are highly inexpedient, unfriendly to domestic purity, and exceedingly offensive to a large portion of our churches. Resolved, That it be, and it hereby is earnestly enjoined upon the min- isters, elders and churches of our communion, to take every proper occa- sion to impress the sentiments contained in the foregoing resolution, on the public mind, and by all suitable means to discourage connections so unfavorable in their influence on the peace and edification of the Church Resolved, That while the Assembly adopt the opinion, and would enforce the injunction above expressed, they are by no means prepared to decide that such marriages as that in question, are so plainly prohibited in Scrip- ture, and so undoubtedly incestuous, as necessarily to infer the exclusion of those who contract them from church privileges ; they, therefore, re- fer the case of Mr. Vance back again to the session of the church of Cross Creek, agreeably to former decisions of the General Assembly in similar cases, to be disposed of in such manner as the said session may think most conducive to the interests of religion. — 1821, p. 22. [Reaffirmed in 1822, p. 45.] b. Assembly Sustains Suspension and Refuse to Alter Confession. The Committee on Mr. McCrimmon's appeal from the decision of the Presbytery of Fayetteville, confirming his suspension from the commu- nion of the Church for having married his deceased wife's sister, reported, that in their opinion, no relief can be given to the said McCrimmon with- out an alteration of the Confession of Faith, chap, xxiv., sec. iv., the last clause of which declares, that "the man may not marry any of his wife's kindred nearer in blood than he may of his own, nor the woman of OF THE SOLEMNIZATION OF MARRIAGE. 817 her husband's kindred nearer in blood than of her own;" but inasmuch as a diversity of opinion and practice obtains on this very important subject, your Committee beg leave to submit the following resolution, viz. : Resolved, That the Presbyteries be and they are hereby directed to take this matter into serious consideration, and send up in writing to the next General Assembly an answer to the question, whether the above quoted clause of our Confession shall be erased. The above report was adopted. — 1826, p. 177. In regard to the proposed erasure of the 4th section of the 24th chap- ter of the Confession of Faith, sixty -eight Presbyteries have reported ; fifty of them against the erasure, and eighteen in favor of it. The sec- tion, therefore, is not to be erased. — 1827, p. 218. c. Case of Archibald McQueen. — Suspended, and Suspension Sustained. [The Rev. Archibald McQueen appealed from a decision of the Pres- bytery of Fayette ville, by which he was suspended from the ministry for marrying the sister of his deceased wife.] "Shall the appeal be sustained ?" Ayes, 11 ; nays, 68. Sustain in part, 8 ; excused, 1. Resolved, That the judgment of the Presbytery of Fayetteville, in the case of Archibald McQueen, be affirmed, and that the appeal be dis- missed.— 1842, p. 44, O. S. [Upon a memorial against the Presbytery of Fayetteville for refusal to restore Mr. McQueen,] Resolved, That the prayer of the memorialist be granted so far as that this General Assembly recommend to the Presbytery of Fayetteville to reconsider their decision in the case of the Rev. Archibald McQueen ; and if in their judgment it should appear conducive to the peace of the Church and the promotion of religion in the region around them, to restore Mr. McQueen to the communion of the Church, and to the exercise of the functions of the gospel ministry, on the ground that in his case the ends of discipline are attained by the operation of the sentence under which Mr. McQueen has been lying for a period of three years. — 1845, p. 32, O. S. [The Presbytery, acting under the discretion thus conceded, restored Mr. McQueen. A complaint was taken.] Resolved, That the complaint of the Rev. Colin Mclver and others against the Synod of North Carolina, for having sustained the action of the Presbytery of Fayetteville in restoring the said Archibald McQueen, in accordance with the judicial decision of the Assembly of 1845, cannot be entertained by this house, and is hereby dismissed. In making this disposition of the above-mentioned complaint, this Gene- ral Assembly wishes it to be distinctly understood, that they do not mean either to retract or modify any judgment hitherto expressed by any As- sembly respecting the offence for which Mr. McQueen was suspended'from the exercise of the gospel ministry. They simply declare that his case can- not be regularly brought before them by this complaint. — 1847, p. 305, 0. S. On motion, the order of the day was suspended to take up the following resolution, viz. : Resolved, That the General Assembly overture to the Presbyteries the following question, viz.: Shall that part of the fourth section of the twenty-fourth chapter of the Confession of Faith, from i. to ii., which says, "Nor can such incestuous marriages ever be made lawful by any law of man, or consent of pnrties, so as those persons may live together as man and wife," be stricken out? 103 818 THE DIRECTORY FOR WORSHIP. The previous question being insisted on, the resolution was put to the vote, and lost.— 1847, p. 397, O. S. d. The appeal of John Cathey from a decision of the Synod of North Carolina, sustaining the action of the Presbytery of Concord, and the ses- sion of the Paw Creek church, by which he was suspended from the church for marrying his deceased wife's sister, was not sustained. Ayes, 26; nays, 55.— 1848, p. 57, O. S. 12. 'With a 'Wife's Brother's Daughter. After mature deliberation, the Synod declare their great dissatisfac- tion with all such marriages as are inconsistent with the Levitical law, which in cases matrimonial we understand is the law of our nation, and that persons intermarrying in these prohibited degrees, are not only pun- ishable by the laws of the country, but ought to suffer the censures of the Church ; and furthei judge, though the present case is not a direct viola- tion of the express words of the Levitical law, yet as it is contrary to the custom of Protestant nations in general, and an evidence of great unten- derness, and so opposite to such precepts of the gospel as require Chris- tians to avoid things of ill report, and all appearance of evil, and what is offensive to the Church ; that the person referred to in this instance, ought to be rebuked by the church session, and others warned against such offensive conduct ; and in case these persons submit to such rebuke, and are in other respects regular professors, that they be not debarred of Christian privileges. — 1772, p. 427. 13. With a Wife's Half-brother's Daughter. A reference from the Synod of Virginia was received through the Com- mittee of Overtures, respecting a certain Charles Mitchel, who had mar- ried his former wife's half-brother's daughter, requesting the opinion of the Assembly whether such persons may be admitted to church privileges. Whereupon, Resolved, That though the Assembly would wish to discountenance im- prudent marriages, or such as tend in any way to give uneasiucFs to seri- ous persons, yet it is their opinion that the marriage referred to is not of such a nature as to render it necessary to exclude the parties from the privileges of the Church. — 1797, p. 127. 14. With a Deceased Wife's Sister's Daughter. a. Reference on the petition of John Latham, who has married his de- ceased wife's sister's daughter, praying a reconsideration of his case, which was tried and issued against him, nine years ago, in the Synod of the Carolinas. After mature deliberation, it was Resolved, That the case of John Latham, referred for the decision of the General Assembly by the Synod of the Carolinas, be remitted to the said Synod, and that they be directed to review the case, and, if they shall judge it to be consistent with the existing laws of the State and the peace of the Church, they may admit the parties alluded to to its privileges. — 1799, p. 176. b. The session of the church of Westminster, in Jefferson county, State of Tennessee, having requested the direction of this Assembly in a case of discipline, viz.: Whether a man and his wife were admissible to church privileges who had been related to each other as uncle and niece — that is OF THE SOLEMNIZATION OF MARRIAGE. 819 to say, the woman being sister's daughter to the man's former wife. Whereupon, the Assembly Resolved, That such marriages as that in question have been determined both by the late Synod of New York and Philadelphia and by the Gen- eral Assembly to be on the one hand not forbidden by the laws of God, and on the other hand to be contrary to the general practice of Protestant Churches, and the feelings and opinions of many serious Christians among ourselves, and on that account to be discountenanced ; therefore, Resolved, That when such marriages take place, the session of the church where they happen are carefully to consider the case, and if they think it expedient, to administer such discipline as they may judge to be deserved for that want of Christian tenderness and forbearance that are incumbent on all the professors of our holy religion, or for violating any municipal law, if this has been done, and then to admit or restore them to good standing in the Church. And if the session judge that the state of society is such where these marriages take place as that neither the duty of Christian tenderness and forbearance, nor the laws of the State have been violated, they may admit the persons concerned to Christian privi- leges without censure. — 1802, p. 248. c. It appeared that a Mr. James Gaston had been censured as being guilty of incest for having married a woman who was sister's daughter to his former wife, and had brought the cause by appeal to the Synod of Pittsburg. The Synod, conceiving that the cause involved a high question of discipline, chose to refer it to the General Assembly for their decision. The Assembly having given repeated decisions on similar cases, cannot advise to annul such marriages, or to pronounce them to such a degree unlawful as that the parties, if otherwise worthy, should be debarred from the privileges of the Church. But as great diversity of opinion seems to exist on such questions in different parts of the Church, so that no abso- lute rule can be enjoined with regard to them that shall be universally binding and consistent with the peace of the Church, and as the cases in question are esteemed to be doubtful, the Assembly is constrained to leave it to the discretion of the inferior judicatories under their care, to act ac- cording to their own best lights and the circumstances in which they find themselves placed.— 1804, p. 306. d. A reference from Bethel Church, South Carolina, was overtured, re- questing the decision of the Assembly in relation to a case in w r hich a per- son had married the sister of his deceased wife. On motion, Resolved, That this reference be answered by the decision of the Assem- bly of 1804. [Above, c.]— 1810, p. 456. 15. "With a Sister's Daughter. The report of the Committee on Bills and Overtures in answer to the two questions, "May a man, in accordance with the teachings of the Scrip- tures, marry a daughter of his own sister?" and " When members of the Church have contracted such a marriage, may they still retain their stand- ing in the Church?" was taken up for consideration. A motion was made for indefinite postponement, which was lost. The report of the Committee was postponed, and the following substi- tute, proposed by Rev. S. P. M. Hastings, was adopted : Resolved, 1. That the first question be answered in the negative, such marriages being evidently contrary to the teachings of the Scripture, and incestuous. See Lev. xviii. 6, 12, 13. Resolved, 2. That the second question in the overture he answered as 820 THE DIRECTORY FOR WORSHIP. follows, viz.: In the judgment of this Assembly, such a connection as is contemplated by the overture demands the judicial action of the Church, and if not repented of, should incur Church censure. — 1853, p. 339, N. S. 16. Loose Opinions on Marriage Condemned. Overture No. 31, from the Presbytery of Schuyler, on the subject of divorce. The Committee recommend the adoption of the following reso- lution : Whereas, Latitudinarian ideas on marriage and divorce are alarmingly prevalent at the present time, and, in some portions of the country, prac- tically demoralizing, Resolved, That this General Assembly enters its solemn protest against such loose opinions, and calls upon all its ministers to use their moral in- fluence to create a more healthful sentiment in the community and a thor- oughly scriptural practice in the Church. Adopted. — 1872, p. 73. IV. The parties ought to be of such years of discretion as to be capable of making their own choice: and if they be under age, or live with their parents, the consent of the parents or others, under whose care they are, ought to be previously obtained, and well certified to the minister, before he proceeds to solemnize the marriage. Clandestine Marriage Discouraged. The Synod do recommend it to all their members to use the greatest caution that they do not countenance any clandestine marriages, and espe- cially that they do not marry any that they have reason to suspect to go contrary to the minds of their parents and guardians in seeking it. — 1735, p. 115. V. Parents ought neither to compel their children to marry con- trary to their inclinations, nor deny their consent without just and important reasons. VI. Marriage is of a public nature. The welfare of civil society, the happiness of families, and the credit of religion, are deeply inter- ested in it. Therefore the purpose of marriage ought to be sufficiently published a proper time previously to the solemnization of it. It is enjoined on all ministers to be careful that, in this matter, they neither transgress the laws of God, nor the laws of the community : and that they may not destroy the peace and comfort of families, they must be properly certified with respect to the parties applying to them, that no just objections lie against their marriage. Publication of Purpose of Marriage. What is a sufficient publication of the purpose of marriage according to the second sentence of the sixth section of the eleventh chapter of the Book of Discipline? Resolved, That the following be given as an answer to this question, viz.: That the Presbyteries are the best judges in the case. — 1820, p. 740. OF THE SOLEMNIZATION OF MARRIAGE. 821 VII. Marriage must always be performed before a competent num- ber of witnesses ; and at any time, except on a day of public humili- ation. And we advise that it be not on the Lord's day. And the minister is to give a certificate of the marriage when required. VIII. When the parties present themselves for marriage, the min- ister is to desire, if there is any person present who knows any law- ful reason why these persons may not be joined together in the mar- riage relation, that they will now make it known, or ever after hold their peace. No objections being made, he is then severally to address himself to the parties to be married, in the following or like words : " You, the man, declare, in the presence of God, that you do not know any reason by pre-contract or otherwise, why you may not law- fully marry this woman." Upon his declaring he does not, the minister shall address himself to the bride, in the same or similar terms : " You, the woman, declare, in the presence of God, that you do not know any reason, by pre-contract or otherwise, why you may not lawfully marry this man." Upon her declaring she does not, he is to begin with prayer for the presence and blessing of God. The minister shall then proceed to give them some instruction from the Scriptures, respecting the institution and duties of this state, showing, " That God hath instituted marriage for the comfort and happiness of mankind, in declaring a man shall forsake his father and mother, and cleave unto his wife ; and that marriage is honorable in all ; that he hath appointed various duties, which are incumbent upon those who enter into this relation ; such as, a high esteem and mutual love for one another ; bearing with each other's infirmities and weaknesses, to which human nature is subject in its present lapsed state ; to en- courage each other under the various ills of life; to comfort one another in sickness; in houesty and industry to provide for each other's temporal support; to pray for and encourage one another in the things which pertain to God, and to their immortal souls ; and to live together as the heirs of the grace of life.'' Then the minister shall cause the bridegroom and bride to join their hands, and shall pronounce the marriage-covenant, first to the man, in these words : " You take this woman, whom you hold by the hand, to be your lawful and married wife; and you promise, and covenant, in the 822 THE DIRECTORY FOR WORSHIP. presence of God and these witnesses, that you will be unto her a lov- ing and faithful husband, until you shall be separated by death.' 7 The bridegroom shall express his consent, by saying, " Yes, I do." Then the minister shall address himself to the woman, in these words : " You take this man, whom you hold by the hand, to be your law- ful and married husband ; and you promise and covenant, in the presence of God and these witnesses, that you will be unto him a loving, faithful, and obedient wife, until you shall be separated by death." The bride shall express her consent, by saying, " Yes, I do." Then the minister is to say, " I pronounce you husband and wife, according to the ordinance of God ; whom therefore God hath joined together, let no man put asunder." After this the minister may exhort them, in a few words, to the mutual discharge of their duty. Then let him conclude with prayer suitable to the occasion. Let the minister keep a proper register for the names of all per- sons whom he marries, and of the time of their marriage, for the perusal of all whom it may concern. OF THE VISITATION OF THE SICK. 823 CHAPTER XIII. OF THE VISITATION OF THE SICK. I. When persons are sick, it is their duty, before their strength and understanding fail them, to send for their minister, and to make known to him, with prudence, their spiritual state; or to consult him on the concerns of their precious souls. And it is his duty to visit them, at their request, and to apply himself, with all tenderness and love, to administer spiritual good to their immortal souls. II. He shall instruct the sick, out of the Scriptures, that diseases arise not out of the ground, nor do they come by chance ; but that they are directed and sent by a wise and holy God, either for correc- tion of sin, for the trial of grace, for improvement in religion, or for other important ends : and that they shall work together for good, to all those who make a wise improvement of God's visitation, neither despising his chastening hand, nor fainting under his rebukes. III. If the minister finds the sick person to be grossly ignorant, he shall instruct him in the nature of repentance and faith, and the way of acceptance with God, through the mediation and atonement of Jesus Christ. IV. He shall exhort the sick to examine himself, to search his heart, and try his former ways, by the word of God ; and shall assist him, by mentioning some of the obvious marks and evidences of sincere piety. V. If the sick shall signify any scruple, doubt, or temptation, under which he labors, the minister must endeavor to resolve his doubts, and administer instruction and direction, as the case may seem to require. VI. If the sick appear to be a stupid, thoughtless, and hardened sinner, he shall endeavor to awaken his mind ; to arouse his con- science ; to convince him of the evil and danger. of sin ; of the curse of the law, and the wrath of God due to sinners ; to bring him to an humble and penitential sense of his iniquities; and to state before him the fullness of the grace and mercy of God, in and through the glorious Redeemer; the absolute necessity of faith and repentance, in order to his being interested in the favor of God, or his obtaining everlasting happiness. VII. If the sick person shall appear to have knowledge, to be of a tender conscience, and to have been endeavoring to serve God in uprightness, though not without many failings and sinful infirmities; or if his spirit be broken with a sense of sin, or through apprehen- 821 THE DIRECTORY FOR WORSHIP. sions of the want of the divine favor ; then it will be proper to ad- minister consolation and encouragement to him, by setting before him the freeness and riches of the grace of God, the all-sufficiency of the righteousness of Christ, and the supporting promises of the gospel. [For cases where it may be proper to administer the Lord's Supper in the sick chamber, see Directory, chap, ix., sec. i., 4.] VIII. The minister must endeavor to guard the sick person against ill-grounded persuasions of the mercy of God, without a vital union to Christ; and against unreasonable fears of death, and desponding discouragements ; against presumption upon his own goodness and merit, upon the one hand, and against despair of the mercy and grace of God in Jesus Christ, on the other. IX. In one word, it is the minister's duty to administer to the sick person, instruction, conviction, support, consolation, or encourage- ment, as his case may seem to require. At a proper time, when he is most composed, the minister shall pray with and for him. X. Lastly, the minister may improve the present occasion, to ex- hort those about the sick, to consider their mortality : to turn to the Lord, and make their peace with him ; in health to prepare for sick- ness, death, and judgment. CHAPTER XIV. OF THE BURIAL OF THE DEAD. I. When any person departs this life, let the corpse be taken care of in a decent manner; and be kept a proper and sufficient time be- fore interment. II. When the season for the funeral comes, let the dead body be decently attended to the grave and interred. During such solemn occasions, let all who attend conduct themselves with becoming grav- ity ; and apply themselves to serious meditation or discourse : and the minister, if present, may exhort them to consider the frailty of life and the importance of being prepared for death and eternity. Carousing- and Ostentatious Parades Discountenanced. That as the too great use of spirituous liquors at funerals in some parts of the country, is risen to such an height as greatly to endanger the morals of many, and is the cause of much scandal, the Synod earnestly enjoin, that the several sessions and Committees shall take the most effect- ual methods to correct these mischiefs, and discountenance by their ex- OF FASTING AND THANKSGIVING. 825 ample and influence all approaches to such practices, and all ostentatious and expensive parades, so inconsistent with such mortifying and distress- ing occasions. — 1766, p. 359. CHAPTER XV. OF FASTING, AND OF THE OBSERVATION OF THE DAYS OF THANKSGIVING. I. There is no day under the gospel commanded to be kept holy, except the Lord's day, which is the Christian Sabbath. II. Nevertheless, to observe days of fasting and thanksgiving, as the extraordinary dispensations of divine providence may direct, we judge both scriptural and rational. We will further observe, that the duty of fasting, as united with prayer, appears to be too much disregarded, if not entirely neglected by many Christians of the present day. We agree with our fathers of the Reformation, that the appointment of annual or stated fasts is not author- ized under the gospel dispensation ; but occasional fasting, both public and private, such as is called for by peculiar circumstances, or by the dispensations of heaven, are still among the appointed means of grace, and form an important part of Christian duty. Our Saviour said, the children of the bride-chamber would fast when the bridegroom was taken from them ; surely such a dispensation as we have lately witnessed should lead those children to fast— 1838, p. 48, O. S. III. Fasts and thanksgivings may be observed by individual Christians ; or families, in private ; by particular congregations ; by a number of congregations contiguous to each other; by congrega- tions under the care of a Presbytery, or of a Synod ; or by all the con- gregations of our Church. IV. It must be left to the judgment and discretion of every Christian and family, to determine when it is proper to observe a private fast or thanksgiving; and to the church sessions to de- termine for particular congregations ; and to the Presbyteries or Synods to determine for larger districts. When it is deemed ex- pedient that a fast or thanksgiving should be general, the call for them must be judged of by the Synod or General Assemblv. And if at any time the civil power should think it proper to appoint a fast or thanksgiving, it is the duty of the ministers and people of our communion, as we live under a Christian government, to pay all due respect to the same. 104 826 THE DIRECTORY FOR WORSHIP. Churches should observe Days appointed by the Local Authorities. In this connection, the Committee further recommend that this Assembly sanction and approve the practice of particular churches observing, with appropriate worship, days of thanksgiving, recommended in proclamation by the governors of commonwealths in which they are located. The recommendations were adopted. — 1849, p. 266, O. S. Days of Fasting appointed by the Supreme Judicatory. 1. Upon the Occasion of the French War. a. The Synod, under a sense of the present distressed and calamitous state of the country, do agree that they will recommend to all their con- gregations to unite in observing the last Thursday of October instant, as a day of public humiliation, fasting, and prayer. The Synod propose further to recommend to their congregations to spend part of the last Thursday .of every month in extraordinary prayer, while the present mournful state of our public affairs continues. And they do further most earnestly recommend it to all their members, present and absent, to exert themselves in an extraordinary manner, in their several spheres of influence, for a general and thorough reformation of those crying abominations which seem most evidently to have kindled the anger of heaven against this land. And that they would, in their publie performances, frequently explain and warmly press on their hearers the necessity of such a reformation in this day. The Synod taking into serious consideration the dangerous situation of the public at this juncture, by means of a potent, prevailing and cruel enemy; the divided state of these colonies; the abounding of profanity, luxury, infidelity, error and ignorance; the evident suspension of spiritual influences from the Church, which is followed with an evident insensibility under the judgments as well as ordinances of God; together with other awful aspects of divine Providence; cannot but view them as plain dem- onstrations of his displeasure. We have been warned and chastised, first more gently, then more terribly; but not returning to Him that smites us, his anger is not turned away, but his hand is stretched out still. Judg- ment yet proceeds, the prospect becomes darker and darker, and all things respecting us, are loudly alarming. When God judges he will overcome; none have ever hardened themselves against him and prospered. Nothing but impiety rouses his vengeance, and nothing but repentance toward him, and faith toward our Lord Jesus Christ, can turn it away. We have not so much as the least reason to expect deliverance and safety in a way of impenitent sinning; for we are assured, if we walk contrary to our God, he will walk contrary to us, and will punish us yet seven times more for our iniquity. And as we judge that extraordinary distresses are calls to extraordinary humiliation and acts of devotion, so we look on ourselves bound, not only as members of the community, but by the duty of our office, as those who are entrusted with the declaration of God's revealed will, to warn all who will attend unto us, and earnestly exhort them to prostrate themselves before his offended majesty, in the humblest manner; to deprecate his righteous displeasure; implore his mercy for themselves, their children, country and nation, their and our rightful and gracious sovereign King George the Second, his royal family, all officers civil and military, and the whole Church of God; and solemnly endeavor sincere and thorough reformation. For this purpose the Synod agree to recom- mend the last Thursday of this instant, to be observed as a day of public OF FASTING AND THANKSGIVING. 827 fasting and prayer, in all the congregations under our care. We also rec- ommend to all the members of our body, that they exert themselves in promoting a reformation from those evils which have evidently kindled the anger of heaven against this land ; and that they would frequently urge the necessity of such a reformation in this day. Signed in the name of the Svnod, RICHARD TREAT, Synod Clerk. —1756, p. 276, Synod of New York. b. [i?i 1758 the reunited Synod~] recommend that a day of fasting and prayer be observed by all the congregations under our care, to deprecate the wrath of God, to pray for a blessing on his majesty's armaments by sea and land, in order to procure a lasting and honorable peace, and in particular for the success of all intended expeditions in America ; for the prosperity of his Prussian majesty's arms, and advancement of the Pro- testant interest; for the overthrow of antichristian errors, superstition and tyranny; and the universal spread of pure and undefiled religion. And 'tis ordered that the members within the bounds of this province, observe it on the sixteenth of June next, being the day appointed by this govern- ment for that purpose ; and that those brethren who live in the bounds of other governments, observe it on such a day in June or July next as the several Presbyteries think proper. And as prayer has been made without ceasing, by the Church in times of imminent danger, and God has heard his people in a day of trouble, and delivered them, the Synod recommend that some time be spent in so- cial prayer, by every congregation within their bounds, on the last Thurs- day of every month, during these times of trouble and rebuke. — 1758, p. 290. [Also in 1760, p. 305 ; and 1761, p. 310.] 2. On the War with Spain. The Synod seriously considering that our nation is involved in an additional war with Spain, and the melancholy state of religion in our churches, do agree that the third Thursday of June be observed as a day of public fasting and prayer in all the congregations under the care of our Synod, where the government under which they live has not, or shall not before that time appoint another day for that purpose, that all may humble themselves before Almighty God, to deprecate his just displeasure, and pray for the blessing of heaven on his majesty's person, counsels and arms, and for the revival of true piety among us. — 1762, p. 315. 3. On Account of the Troubles with England. a. The Synod taking into their serious consideration the dark and threatening aspect of our public affairs, both, civil and religious, as loudly calling for deep humiliation before God, and earnest application to the throne of grace, do agree to observe the third Thursday of June next, as a day of solemn fasting and prayer, to implore the divine compassion, that it may please God in his great mercy to avert those calamities which, on account of our manifold provocations, we have great reason to fear. — 1774, p. 460. b. The Synod considering the present alarming state of public affairs, do unanimously judge it their duty to call all the congregations under their care to solemn fasting, humiliation and prayer, and for this purpose appoint the last Thursday of June next to be carefully ami religiously ob- 828 THE DIRECTORY FOR WORSHIP. served. But as the Continental Congress are now sitting, who may proba« bly appoint a fast for the same purpose, the Synod; from respect to that august body and for the greater harmony with all other denominations, and for the greater public order, if the Congress shall appoint a day not above four weeks distant from the said last Thursday of June, order that the congregations belonging to this Synod do keep the day appointed by the Congress, in obedience to this resolution ; and if they appoint a day more distant, the Synod order both to be observed by all our communion. The Synod also earnestly recommend it to all the congregations under their care to spend the afternoon of the last Thursday in every month in public solemn prayer to God, during the continuance of our present troubles. — 1775, p. 465. [See also 1777, p. 478 ; 1778, p. 481 ; 1779, p. 483 ; 1780, p. 488.] 4. Before the Second War with England. In 1808 the Assembly appointed the second Thursday of September as a day of fasting, humiliation and prayer, to beseech the Ruler of the uni- verse that for Christ's sake he would be pleased to avert the calamities with which we are threatened. That he would restore harmony to the contending nations of the world ; that he would pour out his Spirit upon our churches more generally and more abundantly; bless the efforts that are making to christianize the heathen, and to extend the blessings of the gospel to the destitute inhabitants of our land. — 1808, p. 409. 5. During the War with England. [See Minutes, 1812, p. 497 ; 1813, p. 524.] In this case it was — Resolved, That if the President of the United States shall, previous to the day specified (first Thursday in August), recommend the observance of a day of humiliation, fasting and prayer, different from that which has been assigned, then, and in that case, it is recommended to the churches under our care, to observe the day which may be appointed by the civil government of our country; otherwise to observe the day ap- pointed by the General Assembly. [See also 1814, p. 572.] 6. On the Outbreak of the Civil War. a. Gratefully acknowledging the distinguished bounty and care of al- mighty God toward this favored land, and also recognizing our obligations to submit to every ordinance of man for the Lord's sake, this General Assembly adopt the following resolutions: Resolved, 1. That in view of the present agitated and unhappy condition of this country, the first day of July next be hereby set apart as a day of prayer throughout our bounds, and that on this day ministers and people are called on humbly to confess and bewail our national sins; to offer our thanks to the Father of light for his abundant and undeserved goodness toward us as a nation ; to seek his guidance and blessing upon our rulers and their counsels, as well as on the Congress of the United States about to assemble; and to implore him, in the name of Jesus Christ, the great High Priest of the Christian profession, to turn away his anger from us, and speedily restore to us the blessings of an honorable peace. Resolved, 2. That this General Assembly, in the spirit of that Christian patriotism which the Scriptures enjoin, and which has always character- ized this Church, do hereby acknowledge and declare our obligations to promote and perpetuate, so far as in us lies, the integrity of these United OF FASTING AND THANKSGIVING. 829 States, and to strengthen, uphold and encourage the Federal Government in the exercise of all its functions under our noble Constitution: and to this Constitution in all its provisions, requirements and principles we pro- fess our unabated loyalty. And to avoid all misconception, the Assembly declare that by the terms " Federal Government," as here used, is not meant any particular admin- istration, or the peculiar opinions of any particular party, but that central administration, which being at any time appointed and inaugurated ac- cording to the forms prescribed in the Constitution of the United States, is the visible representative of our national existence. This paper was adopted by the following vote: yeas 156, nays 66. — 1861, p. 329, O. S. b. In view of the turbulence and the menace of our times, the drear in- auguration of civil war, and the prospect of its ravages of physical and moral desolation in our country, Resolved, 1. That we acknowledge the agency and the just judgments of our God in all this, and would humble ourselves before him with the prayer — O Lord, in wrath remember mercy! spare thy people, and restore peace in all our borders ! Resolved, 2. That Friday, June 28th, be appointed, in these national and solemn relations, as a day of fasting, humiliation and prayer before God, to confess our sins, to supplicate his mercy and gracious return to us, almighty to save; and especially that he would prepare the members of both nouses of Congress, so soon to convene, in this crisis of our affairs, for all their duties, with wisdom, piety and patriotic sincerity of devotion to the good of our one great nation ; and that he would bless our Presi- dent and his Cabinet, our army and our navy, and order all the operations of this new and dreadful war, for his own glory, the prosperity of his own Zion, and the ultimate good of our country for this and all coming ages. — 1861, p. 464, N. S. 7. On Account of the Profanation of the Sabbath. The Committee appointed to consider the measures proper to be adopted to promote the sanctification of the Sabbath, made a report, which being read and amended, was adopted, and is as follows, viz.: Resolved, That the second Thursday of November next be and it hereby is recommended to be observed as a day of fasting, humiliation and prayer on account of the sin which rests upon the Church and on the whole land by the profanation of the Sabbath ; and that it be given in charge to all Synods and Presbyteries in our connection, to take such order on this subject as may be most effectual in securing the observance of that day by the churches.— 1830, p. 302. 8. For the Conversion of the World. The Committee to whom was referred Overture No. 11, viz.: "On the appointment of a day of prayer for the conversion of the world," made the following report, which was unanimously adopted, viz.: It being understood that Christians and churches, both in this country and in Europe, have at different times desired the public designation of a day to be observed by all Christians throughout the world as a day of last- ing and prayer for the outpouring of the Holy Spirit on the whole family of man, and this Assembly being deeply impressed with the importance and high privilege of such an observance, and feeling urged and encour- aged to more importunate supplications in view of the recent revivals of 830 THE DIRECTORY FOR WORSHIP. religion in this land, as well as the signs of the present time in relation to the prospects of the Church in other nations, therefore, Resolved, That it be recommended to the ministers and churches under the supervision of the General Assembly of the Presbyterian Church in the United States, and of the churches in correspondence with the same, to observe the first Monday in January, 1833, as a day of fasting and prayer for the divine blessing on the ministry of the gospel throughout the world, for the revival of religion in the whole of Christendom, and for the entire success of those benevolent enterprises which have for their object the world's conversion to God. Resolved, That other denominations of Christians in the United States, and the Christian churches in all other countries, be, and they hereby are affectionately, and with Christian salutations, invited to concur in the ob- servance of the day above specified. Resolved, That these resolutions be published with the signature of the moderator and clerk of the General Assembly for the information of such Synods, Assemblies, Associations, Conferences, Conventions and other ec- clesiastical bodies as may choose to recommend the above observance to the churches under their care. And may grace, mercy and peace be mul- tiplied to all throughout the world who love our Lord Jesus Christ. — 1832, p. 365. [See also minutes of 1833, pp. 397-399. It became thenceforth a custom for the Assembly to designate the first Monday in January of each year as a day of fasting and prayer for the conversion of the world, and to rec- ommend the last Thursday in February as a day of prayer for colleges, theological seminaries and other institutions of learning. See minutes, 'pas- sim. Recently the "week of prayer" has taken the place of the first Mon- day, and the last Thursday in January been substituted for the last in February.— 1871, p. 577.] 9. The Week of Prayer.— The First Entire "Week in January. On the appointment of a concert of prayer for the conversion of the world. This overture is based upon a proposal from the missionary brethren of Northern India to observe the second Monday of January, 1860, and th'e succeeding week, as a season of special prayer all over the globe for the conversion of the world. This General Assembly cordially sympa- thize with the object contemplated, as it implies the desire that Christians everywhere may more directly regard the missionary and aggressive cha- racter of our faith, as it tends to call forth their affections toward each other, and toward a perishing world ; and especially as it recognizes the great truth of our dependence upon divine power for the success of the gospel. We, therefore, recommend to the churches under our care to observe the time thus specified in such manner as the various sessions or Presby- teries may direct. Adopted. — 1859, p. 532, O. S. [See also 1860, p. 21, O. S; 1861, p. 335, O. S. ; 1862, p. 620, O, S. ; and annually to 1867.] In 1861, p. 469, the Assembly, N. S., appointed the first week in De- cember " as a season of special prayer for the outpouring of the Spirit on our congregations, and in special religious services calculated to edify the saints, and lead sinners to Christ." In 1862, p. 16, the Assembly recom- mends "that another week of prayer be observed during the coming eccle- siastical year; but that the time be changed so as to correspond with that recommended first by the Lodiana mission — the first entire week in Jan u a rv." THE DIRECTORY FOR SECRET AND FAMILY WORSHIP. 831 [See also 1863, p. 277, N. S. ; 1864, p. 462, N. S., and annually to 1869, The custom has come to have almost the force of law.] The Assembly renewed the following recommendations of last year : 1. The observance of the first week of each new year, as a special sea- son of united supplication throughout the Christian world, has already been attended and followed by results too grand to allow of a question as to its claims upon our churches. — 1872, p. 94. V. Public notice is to be given a convenient time before the day of fasting or thanksgiving conies, that persons may so order their temporal affairs, that they may properly attend to the duties thereof. VI. There shall be public worship upon all such days : and let the prayers, psalms, portions of Scripture to be read, and sermons, be all in a special manner adapted to the occasion. VII. On fast days, let the minister point out the authority and providences calling to the observation thereof; and let him spend a more than usual portion of time in solemn prayer, particular confes- sion of sin, especially of the sins of the day and place, with their aggravations, which have brought down the judgments of heaven. And let the whole day be spent in deep humiliation and mourning before God. VIII. On days of thanksgiving, he is to give the like information respecting the authority and providences which call to the observance of them ; and to spend a more than usual part of the time in the giving of thanks, agreeably to the occasion, and in singing psalms or hymns of praise. It is the duty of people on these days to rejoice with holy gladness of heart ; but let trembling be so joined with our mirth, that no excess or unbecoming levitv be indulged. CHAPTER XVI. THE DIRECTORY FOR SECRET AND FAMILY WORSHIP. I. Besides the public worship in congregations, it is the indispens- able duty of each person, alone, in secret; and of every family, by itself, in private, to pray to, and worship God. II. Secret worship is most plainly enjoined by our Lord. In this duty every one, apart by himself, is to spend some time in prayer, reading the Scriptures, holy meditation and serious self-examination. The many advantages arising from a conscientious discharge of these duties are best known to those who are found in the faithful dischaice of them. 832 THE DIRECTORY FOR WORSHIP. III. Family-worship, which ought to be performed by every fam- ily, ordinarily, morning and evening, consists in prayer, reading the Scriptures, and singing praises. IV. The head of the family, who is to lead in this service, ought to be careful that all the members of his household duly attend ; and that none withdraw themselves unnecessarily from any part of family- worship; and that all refrain from their common business, while the Scriptures are read, and gravely attend to the same, no less than when prayer or praise is offered up. V. Let the heads of families be careful to instruct their children and servants in the principles of religion. Every proper opportu- nity ought to be embraced for such instruction. But we are of opin- ion, that the Sabbath-evenings, after public worship, should be sacredly preserved for this purpose. Therefore, we highly disap- prove of paying unnecessary private visits on the Lord's day ; admit- ting strangers into the families, except when necessity or charity requires it; or any other practices, whatever plausible pretences may be offered in their favor, if they interfere with the above important and necessary duty. 1. Duties of Ministers to urge Family Religion. a. [As means] "to revive the declining power of godliness, the Synod do earnestly recommend it to all our ministers and members to take par- ticular care about ministerial visiting of families, and press family and secret worship, according to the Westminster Directory; and that they also recommend it to every Presbytery, at proper seasons to inquire concern- ing the diligence of each of their members in such particulars." Unani- mously adopted. — 1733, p. 105. b. The Synod do not only renew the order, but earnestly obtest every of our brethren of the ministry, conscientiously and diligently to pursue the good design thereof. — 1734, p. 107. c. Let heads of families be careful to instruct their children and those committed to their care in the great principles of our holy religion. Let their morning and evening sacrifices be daily offered up in their families to God.— 1799, p. 178. d. Parents, train your children in the "nurture and admonition of the Lord ; your houses should be temples of the living God, in which should ascend to his mercy-seat the continual incense of your daily sacrifices. Pious parents can most effectually preach to the hearts of their children by their affectionate precepts, and their holy example. Your instructions will best prepare them to receive henefit from the public ordinances of re- ligion. And oh ! can you see these dearest portions of yourselves ready to perish, without earnestly reaching forth a hand to pluck them as brands from the burnings?"— 1804, p. 316. e. We have observed with pain, that in some Presbyteries the duties of family religion, and of catechetical instruction, are neglected. Truly it it shameful in men, who call themselves by the name of Christ, not to honor him before their families, by worshiping him statedly. Every head of a family is responsible for all its members to God and his country. How THE DIRECTORY FOR SECRET AND FAMILY WORSHJP. 833 can he expect to fulfill his duty, if he does not pray for and with thera, and instruct them from the word of God ? If he does not honor God, it cannot be expected his family will. And a Christian family living with- out family religion, is a contradiction. It argues, on the part of such pro- fessors, an awful declension and a criminal dereliction of duty. — 1808, p. 402, and Minutes, passim. 2. The Evening of the Lord's Day Especially set apart for Family Training.— The Standards need no Change to fit them to the Present Times. The Committee on the Polity of the Church have had under considera- tion the following overture from the Presbytery of Genesee : Overture of the Presbytery of Genesee to the General Assembly meet- ing at Philadelphia, May 21, 1863. We petition for a revision of the Directory for Worship, with a view to the following points : 1. To reclaim the Sabbath afternoon, or evening, expressly for family instruction, and to enforce the duty of parents. 2. To give a constitutional recognition to the Sabbath-school, as a cher- ished instrumentality of the Church for the nurture of her own youth, and the evangelization of others; and to provide that the time appropriated be ample, as esteeming this to be a cardinal means of grace. 3. To restrict its assemblies, in all ordinary cases, to one part of the day, so as to avoid trenching upon the time appropriated to the paramount, duties of parents. 4. To secure to the pastor, unequivocally, as the divinely-appointed teacher of the lambs of the flock, the prerogative, and hold him to the responsibility* of presidency over the school, with provision for a vice- president or superintendent, to serve in the absence of the pastor. 5. To recognize the church session as invested with authority, and re- sponsible for the details of the organization, the appointment and removal of teachers, and the whole government of the school. 6. To provide for such a system of distinctive instruction as will secure to our youth a thorough training, not only in the doctrines of grace, but in the principles of order which the Scriptures set forth, and keep con- tinually before their minds the burden of baptismal obligations, and the value of covenant privileges, as sealed to the children of God's people. The Committee recommend, that the Assembly reply to the above over- ture as follows : The matters, in view of which the Presbytery of Genesee ask a revision of the Directory for Worship, are mainly such that, according to our Con- stitution, it is already competent to every church to regulate them for it- self, agreeably to its own views of what will best promote its growth and spiritual welfare. The Directory for Worship expresses the opinion of the Church, that the evenings of the Lord's day, after public worship, should be sacredly reserved for the religious instruction of children by their parents. (See chap, xvi., sec. v.) The Sunday-school, like all the religious institutions and agencies of each individual church, is, and ought to be, under the watch ami care of the session; and should be regarded, not as superseding, but as co-oper- ating with, the entire system of pastoral instruction, the responsibilities of which it should not in any manner diminish. There is nothing in our Constitution which prescribes the number of public services to be held on the Lord's day, or which restrains any church 105 834 THE DIRECTORY FOR WORSHIP. from appropriating to the Sunday-school such a portion of the day as may seem to them desirable. The peculiar position of baptized children as members of the church, to be, as members, trained in all Christian virtues and duties, is so ex- pressly set forth in our standards, that no revision of them could present it with greater clearness, or in a more authoritative form. (See Confes- sion, chap, xxv., sec. ii.; Larger Catechism, ques. 166; Form of Govern- ment, chap, ii., sees, ii., iv. ; Book of Discipline, chap, i., sec. vi.; Direc- tory for Worship, chap, x., sees, i.-iii.) The Assembly, therefore, judge that no necessity demands the revision which is asked for, and simply recommend to the churches to conform their ideas and usages to our own standards. — 1863, pp. 240, 241, N. S. 3. Catechetical Instruction Enjoined on Parents. It was unanimously — Resolved, That the Assembly hereby most earnestly remind parents and others of the duty of catechising children and youth, and enjoin this duty upon them, as one whose performance no instruction that children receive in the Sabbath-school or elsewhere, outside the family, can supersede or supply— 1870, p. 123. APPENDIX TO BOOK III. THE DIEEOTOKT FOE WOKSHIP. CONTAINING ACTS AND DELIVERANCES FROM 1874 TO 1885, INCLUSIVE. CHAPTER I. OF THE SANCTIFICATION OF THE LORD'S DAY. [See Digest, pp. 759, 760.] II. The whole day is to be kept holy to the Lord ; and to be em- ployed in the public and private exercises of religion. Therefore, it is requisite that there be a holy resting all the day from unnecessary labors; and an abstaining from those recreations which may be lawful on other days; and also, as much as possible, from worldly thoughts and conversation. 7. Report on Sabbath Observance.— Duty of all to Sanctify the Sabbath. — Testimony against its Desecration by Railroads, and by Recreations. The report was accepted ; the resolutions recommended by the Com- mittee were adopted ; and the whole report was recommended to the Board of Publication to be printed as a tract. The following are the resolutions as adopted by the Assembly : Resolved, 1. That it is the duty of all men to sanctify the Sabbath by a holy resting on that day from all worldly cares, avocations, and amuse- ments, and to devote the entire day to the public and private worship of God, and to the duties of religion, according to the precepts and example of our Lord and his apostles. Resolved, 2. That the observance of the Sabbath is indispensable to the preservation of the knowledge of God, and to the maintenance of vital religion in the Church and the world. Resolved, 3. That the observance of the Sabbath is, further, of the greatest importance in order to the preservation of civil and religious liberty, and as furnishing the only ground for eminent and abiding national prosperity. Resolved, 4. That, inasmuch as the work of any general moral or relig- 835 836 THE DIRECTORY FOR WORSHIP. lous reformation belongs, under God, to the Christian Church, it is de- clared to be the solemn duty of all the ministers, ruling elders, and mem- bers of our Church to inculcate, respectively, from the pulpit, in the Sab- bath-school, and in the family, the scriptural obligation to observe the Sabbath, and always and everywhere to set a proper example in this respect. Resolved, 5. That, in the judgment of this General Assembly, it is the duty of the owners of stocks in steamboats, railroads, iron-works, and other corporate institutions which are in the habit of desecrating the Sabbath, to use all their influence to bring these companies to cease their operations on the Lord's day. Resolved, 6. That the cry of the eight thousand engineers, on the rail- roads of the country, for Sabbath rest, as brought out in their convention at St. Louis, and presented in their journal, and their efforts with their companies to secure exemption from the violation of the law of God, and the allotted time for Sabbath rest, religious instruction, and worship, meets with a hearty response from this General Assembly ; and that we express for them our deep sympathy in their privations, exposures, and trials, and our earnest desire and prayer to God for their success in this direction, and send our earnest remonstrance to all these companies against the practice of running trains on the Lord's day, thereby exclud- ing from these important and responsible positions the Christian men of the country, to the dishonor of religion, and to the endangering of the lives of the traveling portions of the community, by placing this business in the hands of a less moral class of men. Resolved, 7. That this Assembly invokes the power of the pulpit, and of the religious and secular press of the entire country, in the vindication and enforcement of the sanctity of the Sabbath ; that vain excuses for work and travel on the Lord's day be set aside ; that the public conscience be aroused ; that secular business and secular recreations on the Sabbath be alike discountenanced ; and that, with a faith and zeal which is accord- ing to knowledge, the friends of religion, morality, and civil and social order are everywhere called upon to stand up for the divine law of the Christian Sabbath, and to labor, by precept and example, to secure its proper observance. Resolved, 8. That this Assembly would solemnly admonish all our peo- ple, ministers and laymen, who travel in foreign countries and in remoter parts of our own land, not to forget the divine command, " Remember the Sabbath day, to keep it holy." Resolved, 9. That this Assembly still further, with the view of securing this important result, enjoin upon all the Presbyteries, at their ensuing meetings, to take such action, and, without delay, to adopt and carry into effect such measures, as, in their judgment, may seem best, in order to the better and more general observance of the Lord's day. — 1874, pp. 79, 80. 8. Former Deliverances Affirmed and Enlarged upon. In answer to overtures asking the reaffirmation of the teaching of our standards and of the deliverances of former Assemblies on the subject of the Sabbath, the Assembly reply : In the opinion of this body the deliverances of previous Assemblies on this subject have been so clear, distinct, and decisive, and so often repeated, that it seems as impossible that there could be any misconception of the position of our Church, as that there could be any doubt as to the moral and perpetual obligation of the institution of the Sabbath, in the minds of any of our ministers or people. 837 Nevertheless, in view of the persistent efforts continually made to under- mine the faith of the Church in the divine authority and perpetual claims of the Christian Sabbath, and to introduce among us the continental view of its observance, and in order to strengthen the hands of our whole com- munion in that maintenance of this divine institution, as our fathers have maintained it, we deem it important again to declare our unswerving con- viction of the correctness of the teaching of our Confession of Faith, which says : " God, in his word, by a positive, moral, and perpetual com- mandment, binding all men in all ages, hath particularly appointed one day in seven, for a Sabbath, to be kept holy unto him." (Chap, xxi., sec. vii.) And, also, of our Larger Catechism, which says : " The fourth com- mandment requireth of all men the sanctifying or keeping holy to God . . . one whole day in seven ; which was the seventh from the beginning of the world to the resurrection of Christ, and the first day of the week ever since, and so to continue to the end of the world ; which is the Christian Sabbath, and in the New Testament called The Lord's day." (Answer 116.) And, also, of the Shorter Catechism, which says : " The Sabbath is to be sanctified by a holy resting all that day, even from such worldly em- ployments and recreations as are lawful on other days, and spending the whole time in the public and private exercises of God's worship, except so much as is to be taken up in the works of necessity and mercy." (An- swer 60.) We do also reaffirm the deliverances of former General Assemblies as to the manner of the proper sanctification of this holy day ; and especially enjoin upon all our ministers and members, pastors, and teachers in our Sabbath-schools, and upon all those charged in any way with the training of the rising generation, the diligent inculcation of these teachings of our Church, so that our children may be thoroughly furnished, in their minds, against the insidious influences brought to bear upon them to lessen their veneration for the sanctity of this day of holy rest. The Presbyte- rian Church has uttered, and desires to utter, no uncertain sound in regard to the divine authority and the universal and perpetual obligation of this institution, as promotive of the physical, mental, and moral well- being of man, and so essential to the efficiency of all the means of grace and to the success of the Church of Christ in the earth. And, to the end that the sacred character of this day may, in every possible way, be kept before the minds of our people, we would further commend, to our ministers and Sabbath-school teachers and superintend- ents, the more general use of the scriptural terms Sabbath and Lord's day in the designation of this divine institution. The recommendation was adopted. — 1876, pp. 70, 71. 9. The Divine Sanction and Obligation of the Sabbath. In answer to a communication from the General Assembly of the Pres- byterian Church in the United States : The Assembly regard with very great sympathy the present extensive revival of interest in the maintenance of our Christian and American Sabbath, and cordially respond to the invitation to Christian co-operation in this great cause, which they have received from their sister Assembly. To this end they invite, to the following resolutions, the attention oi' all the Synods, Presbyteries, and churches under their care: Resolved, 1. That, in view of the manifest ami indispensable importance of the Sabbath institution to the highest welfare of our own modern 838 THE DIRECTORY FOR WORSHIP. nation and people in all their relations, the authoritative announcement of the Sabbath law in the ancient Pentateuch is, in itself, one of the most obvious and unanswerable proofs that the Bible and our religion are from God. Resolved, 2. That, in view both of this divine law and of its evident enduring necessity, the Assembly enjoin on ministers, parents, teachers, employers, and on all Christians under their care, that they practice and teach, as abiding moral duty, the scrupulous observance of the Christian day of rest and worship. Resolved, 3. That the Assembly address to the young, especially, a warning against that error, which of late has grown so bold and preva- lent, by which the moral and abiding substance of indispensable Sabbath duty is speciously confounded with circumstances of Jewish ceremonial, to the destruction, in many minds, of all sense of Christian obligation to keep the Fourth Commandment. Resolved, 4. That, in direct opposition to this grave error, the sympathy of this Assembly and of our churches is pledged to every wise endeavor to maintain in our land the unceremonial but reasonable, divine, and last- ing authority of our religious rest-day. Resolved, 5. That, while carefully denying to civil kw all right to im- pose, or to meddle with, religious duty, the Assembly uphold the necessity of such legislation as guards the people's day of rest and religion, and heartily commend all earnest and prudent efforts put forth in any commu- nity for making such legislation effective. — Adopted 1879, p. 627. 10. Reading of Secular Newspapers on the Sabbath Discounte- nanced. Resolved, That the General Assembly, believing that the practice, on the part of church-members, of reading secular papers on the Sabbath- day is alarmingly on the increase ; and believing, also, that it is a grievous injury to the personal piety of the readers, and a serious obstacle to the cause of Christ in every community, would deprecate this practice, and would urge upon all who love the Lord Jesus Christ, and desire the spread of his kingdom in the world, to refrain from this practice, and to do all in their power to discountenance it. — 1879, p. 627 ; 1880, p. 76. 11. The Value and Necessity of Sabbath Observance. The Special Committee on Sabbath Observance presented their report, which was accepted, and is as follows : The Special Committee on Sabbath Observance have given to that sub- ject all the attention which the circumstances would permit. They have felt that the question of Sabbath observance, always import- ant, has rapidly increased in interest in recent years ; and the duty of the Church in relation to it has become more difficult, because more compli- cated. No special class is alone responsible for the increased desecration of the Sabbath. Some occupations are, no doubt, more than others. But love of gain, ambitious competition, and love of pleasure, wherever they can, are pressing the people into error in this respect. If there are rail- road, steamboat, or other corporations willing to transport freight or pas- sengers, there are shippers willing to furnish the freight, and passengers willing to travel, on the Lord's day. If these corporations or private parties are willing to furnish conveyance for excursions, there are people willing to travel on excursions. If there are corporations or individuals willing to pay for common labor performed on the Sabbath, there are those who will accept the pay and perform the work. If there are ;>er- OF THE SANCTIFICATION OF THE LORD'S DAY. 839 sons willing to publish newspapers on the Sabbath, there is a large num- ber willing to buy and read them. If they could not be sold, they would not be printed. Thus all through society. Sabbath desecration, as it comes to the attention of this Assembly, is almost wholly a social sin. There are two parties guilty — the one tempting, and the one yielding to temptation. Or they mutually tempt, and yield to each other's tempta- tion. This dual character of Sabbath-breaking, of course, does not lessen the sin by division, but increases the number of the guilty. It needs not that the Committee remind the Assembly of the import- ance of obeying God, in regard to the observance of the Sabbath, or of the inestimable blessings which depend on that obedience. Yet is it too much to say that all that men hold dear in time and eternity largely de- pends on the manner in which the Sabbath is observed ? Look at it in reference to earthly good. Life and property, in any community, are safe in proportion to the average morality of that com- munity. The morals of any community, so far as they do not depend on civil law, depend on the religion of that community, and more upon its religion than upon its law. In Christian countries, and especially in such as are under republican governments, morals depend almost exclusively upon the Christian religion. But the Christian religion depends upon the Sabbath day — a time for instruction in the doctrines and duties of relig- ion, resulting in the belief of the truth and in corresponding conduct. Or, if we reverse the statement, it will stand in this form : Without the observance of the Sabbath — time used to promote religion — we should soon be without religion ; without religion, we should soon be without morality, without safety to life or property. And while this is true in ref- erence to the things of time, as to the ineffable interests of eternity the statement would stand : No Sabbath, no religion ! no religion, no salva- tion ! Notwithstanding the increasing tendency toward Sabbath desecration for the last half century, your Committee are confident there are now signs of awakened interest, and of a change for the better. Evidence of this is found in the advanced position of portions of our German population, among whom are the German Methodists, as seen in their recent action in conference at Columbus, Ohio, fully endorsing the Sunday and temperance laws of that State. It is evident, also, in the avowal of true principles of Sabbath observance and temperance, by other and increasing numbers of German citizens ; in the firm position taken by some railroad companies in keeping the Sabbath ; in the existence and work of Sabbath committees in various cities, and of the " International Sabbath Association ;" in the uprising of the people to sustain the Smith and Pond laws in Ohio ; in the courageous stand made by the friends of the Sabbath and temperance in California ; in the prohibition of the liquor- traffic on the Sabbath, and every day of the week, successful in Kansas and Maine, and struggling into power throughout the country. We may well give thanks to God for these evidences of awakened interest and ad- vantage gained in so glorious a cause. — 1882, pp. 84, 85. VI. Let the time, after the solemn services of the congregation in public are over, be spent in reading, meditation, repeating of ser- mons, catechising, religious conversation, prayer for a blessing upon the public ordinances, the singing of psalms, hymns or spiritual songs- visiting the sick, relieving the poor, and in performing such like du ties of piety, charity and mercy. 840 THE DIRECTORY FOR WORSHIP. 6. Relations of the Session to the Sabbath-school. [See minute 12, above, confirming the action found on pages 643-645 of the Digest, 1877, p. 516 ; also the pastoral letter to the Sessions and Sab- bath-school teachers ; Form of Government (Appendix), chap, xii., sec. v., par. 27, 1878, pp. 95-97. See also Form of Government (Appendix), chap, xviii., 12, b, par. 5 and 6, 1878, pp. 25, 26.-3/.] a. The Session should appoint the Superintendent of the School; Supervision of Pastors and Sessions over Collections; the Election of Superintend- ent; and the Sabbath-school Work. 8. The Assembly recommends that a Standing Committee on Sabbath- schools be appointed by each Presbytery and Synod for the purpose of holding Sabbath-school institutes, stimulating normal classes, guarding against the intrusion of outside lesson helps, purifying the literature of Sabbath-school libraries, and to obtain statistics for the use of the secre- tary of this department. 9. That pastors and sessions be urgently requested to maintain a care- ful supervision of the objects for which collections are made in the Sab- bath-schools, and to secure their contributions to our own benevolent causes, giving due prominence to the Sabbath-school work of this Board. 10. The Assembly earnestly recommends the Sessions of all our churches, in the exercise of their right, to appoint the superintendent and maintain a careful and authoritative supervision of all the Sabbath-school work of their congregations and mission enterprises. — Adopted 1882, pp. 48, 49. b. Bible Study, Supervision, Contributions. In accordance with suggestions made to your Committee, they recom- mend the adoption of the following resolutions : 1. Pastors and Sessions are urged to put forth practical and persistent efforts to enlist their entire congregations in systematic Bible study and teaching in connection with the Sabbath-school. 2. The General Assembly again emphasizes the duty of church Sessions to exercise supervision over their Sabbath-schools, especially in the choice of officers and teachers. 3. In the judgment of the General Assembly, greater prominence should be given in Sabbath-school contributions to the causes represented by our Boards, that the scholars may be educated intelligently to contrib- ute to each always, and especially remembering the Sabbath-school Mis- sionary Department of the Board of Publication. — Adopted 1883, p. 616. Yet, in view of the great importance of the subject, your Committee are deeply impressed that this Assembly should leave nothing undone which it can do to arouse the Church to do her whole duty in furtherance of this cause. And, in order to this, or, at least, as contributing to it, although your Committee are deeply sensible they may not recommend the best measures, we venture to report the following resolutions for your adoption : 1. The Assembly would affectionately admonish all our people to bear in mind that God has, by positive, moral and perpetual law, designated one day in seven as sacred time — that he " hallowed " the Sabbath, "sanctified it," set it apart from common to sacred purposes. Hence, to use it, or any part of it, for things inconsistent with it as sacred, is sinful. 2. The Assembly earnestly entreat all members and officers of our churches to guard against real violations of the fourth commandment, by performing labor on the Sabbath, under the claim of necessity or mercy, where such claim cannot be sustained by the word of God. OF THE PUBLIC READING OF THE HOLY SCRIPTURES. 841 3. The Assembly would urge upon all under their care to devise liberal things for the dissemination of the principles of the gospel and sound views of the sacredness of the Sabbath among the German and other pop- ulations coming to our shores. 4. That the Assembly do hereby, in a special manner, enjoin it upon church Sessions to watch over their brethren with tenderness and great fidelity in respect to the observance of the Sabbath, and to exercise wholesome discipline when necessary. 5. That we urge it upon our ministers, in the pulpit and in their pastoral labors, to present this subject in season, in all its serious importance, as related to the welfare of the whole people and the glory of God. 6. That, inasmuch as, prominent among the forms of Sabbath desecra- tion prevalent in our times, are those to which many railroad and steam- boat companies and publishers of Sunday newspapers are addicted, the Assembly earnestly counsel all our people not to be, as owners, managers, or employees of such companies, or as shippers or passengers on the Sab- bath, or as publishers or patrons of Sunday newspapers, partakers in the guilt of these flagrant forms of Sabbath-breaking. — Adopted 1882, pp. 85, 86 ; 1884, pp. 33 and 81. 12. The Deliverances of 1840, p. 310, O. S. ; 1863, p. 241, N. S. ; 1864, p. 507, N. S. ; and 1867, p. 351, O. S., confirmed. Resolved, That the Standing Committee on Publication be directed, in their notice of the Board of Publication's Sabbath-school work, to bring in a minute, which shall be (if adopted) the expression of the Assembly, as to the mutual relations of the Church and the Sabbath-school, and of the duties which, in view of those relations, devolve on the pastor and Session. They recommend no action upon the resolution, and refer to the deliv- erances of the General Assemblies of the two branches of the Church as heretofore made. See Moore's Digest, pp. 771-773. — 1877, p. 516. CHAPTER II. OF THE ASSEMBLING OF THE CONGREGATION AND THEIR BEHAVIOR DURING DIVINE SERVICE. [See above, Digest, p. 645.] CHAPTER III. OF THE PUBLIC READING OF THE HOLY SCRIPTURES. [See above, Digest, pp. 774, 775.] Deliverance on Responsive and Ritualistic Services in Public "Worship. a. Overture from the Presbytery of Baltimore in regard to responsive and ritualistic services. The Committee recommend these resolutions : 1. That the practice of responsive service in the public worship of the sanctuary is without warrant in the New Testament, and is unwise and 106 842 THE DIRECTORY FOR WORSHIP. impolitic in view of its inevitable tendency to- destroy uniformity in our mode of worship. 2. That the Sessions of the churches are urged to preserve, in act and spirit, the simplicity of service indicated in the Directory for Worship. — Adopted 1874, p. 83. [See above, Digest, p. 784.— 1869, p. 926, O. S.] b. me. Not a Subject of Church Overture from the Synod of Toledo, asking that the General Assembly transmit to the Presbyteries an overture which shall settle clearly that responsive readings are a permissible part of public worship, or the oppo- site. The Committee recommend the following answer : This Assembly does not deem it advisable to send down such an over- ture. Referring to past action of the General Assembly for an opinion as to the usage in question, this Assembly is not prepared to recommend to the Sessions to make it a subject of church discipline, — 1876, p. 79. CHAPTER IV. OF THE SINGING OF PSALMS. I. It is the duty of Christians to praise God by siuging psalms or hymns publicly in the church, as also privately in the family. [See above, Digest, pp. 775-782.] 7. The Presbyterian Hymnal Accepted and Approved. The Committee on the " Book of Praise," through their chairman, the Rev. Herri ck Johnson, D. D., presented their report, which was accepted, their work approved, and the Committee discharged, with thanks, for the efficient manner in which they had performed their duty. The report is as follows : The Committee in charge of the preparation of a Book of Praise would make their report as follows : By the first reunited Assembly, meeting in Philadelphia in 1870, it was recommended that the Board of Publication " consider what may be the best means of effecting some understanding as to the issue of Books of Psalmody, and report on the subject to the next Assembly." The report of the Board to the next Assembly, meeting at Chicago, recommended the appointment of a committee of seven, who should pro- ceed to the preparation of a Book of Praise. The committee were duly appointed by the Assembly, and consisted of the following persons : Ministers- — Herrick Johnson, J. Trumbull Backus, Edwin F. Hatfield, James O. Murray; Elders — George Junkin, Ezra M. Kingsley, Gilbert Combs. They were instructed to invite suggestions from all parts of the Church as to the general character and structure of the book, committing the same to some person whom they should select, and who would prepare the book in the light of these general views, subject to the final approval of the Committee before being reported to the Assembly. The Committee proceeded at once to carry out these instructions, and to the General Assembly of 1872, meeting at Detroit, reported progress, and were continued. During this year the Committee suffered the loss OF PUBLIC PRAYER. 843 of one of their members by death, Gilbert Combs, who from the first had taken an active and intelligent interest in the work. To the General Assembly of 1873, meeting at Baltimore, the Committee reported, submitting a plan of the book and general table of contents, together with a list of the first lines of the psalms and hymns, and, in view of the exigences of the case, the Committee asked for authority to proceed with the compilation, and through the Board of Publication to have the Book of Praise stereotyped, published, and furnished to the churches without further submission to the Assembly. The Committee w T ere thus instructed. At this meeting of the Assembly Edwin F. Hatfield presented his resignation as a member of the Commit- tee, which was accepted. The Committee beg leave now T to report that they have sought faithfully to carry out the instructions of the respective Assemblies ; that under these instructions the Book of Praise has been compiled by Joseph T. Duryea, under the supervision and with the approval of the Committee, stereotyped, and published by the Board of Publication, and that already over 100,000 copies are in use in the churches. The Committee respectfully submit this their final report, and ask to be discharged. — Adopted 1875, pp. 508, 509. 8. Church Music is under the Control of the Session. 1884, p. 115, confirming 1845, pp. 21, 22, O. S., and 1858, p. 281, O. S. [See above, Digest, p. 782.] 9. Hymns for Social Meetings and the Sunday- School. 1. That a collection of hymns suitable for use in meetings for social prayer and in the Sunday-school should be provided by the Presbyterian Church for use by its churches. 2. That the Board of Publication be directed to take this subject into consideration, and to prepare and publish, at as early a date as practica- ble, a collection of hymns, such as is contemplated by this overture, and furnish the same at such prices as shall place the collection within the reach of our Sunday-schools. — 1882, p. 42. CHAPTEK V. OF PUBLIC PRAYER. 2. Book of Forms: Liberty to use the Forms of the Reformed Churches. From the Presbytery of Puget Souud, asking the General Assembly to prepare and publish a Book of Forms for public and social worship, and for special occasions, which shall be the authorized service-book of the Church, to be used whenever a prescribed formula may be desired. Your Committee recommend the following answer: In view of the action of previous General Assemblies on this subject, and the liberty which belongs to each minister to avail himself of the Calvinistic or other ancient devotional forms of the Reformed churches, so far as may seen) to him for edification, it is inexpedient for this General Assembly to make any special order in the premises. — 1882, p. 95. 844 THE DIRECTORY FOR WORSHIP. CHAPTER VI. OF THE WORSHIP OF GOD BY OFFERINGS. [See Digest, p. 785.] CHAPTER VII. OF THE PREACHING OF THE WORD. [See above, Digest, pp. 786, 787.] CHAPTER VEIL OF THE ADMINISTRATION OF BAPTISM. I. Baptism is not to be unnecessarily delayed, nor to be administeredj in any ease, by any private person ; but by a minister of Christ, called to be the steward of the mysteries of God. [See above, Digest, pp. 787-796.] 11. The Question of Rebaptism of a Convert from Romanism left to the Judgment of the Session. The Committee on Bills and Overtures further reported as follows : No. 11. From the Presbytery of Genesee, asking a deliverance on the question, " Should a convert from Romanism, applying for admission into the Presbyterian Church, be again baptized ?" to which they recommend the following answer be given : That the decision of the question be left to the judgment of each church session, guided by the principles govern- ing the subject of baptism, as laid down in the standards of our Church. The report was unanimously adopted. — 1875, p. 514. 12. The Assembly will make no New Deliverance on the Validity of Roman Catholic Baptism. The Committee appointed by the Assembly of 1876, and continued (witli certain changes) by the Assembly of 1877, to "consider and report upon the validity of Roman Catholic baptism," respectfully recommend the following for adoption by this General Assembly : Resolved, That it is inexpedient for this Assembly to make any new deliverance on this subject. It was adopted. — 1878, p. 23. 13. The Assembly Reaffirms the Deliverance of 1835, but does not Reverse the Action of 1875, touching- the Validity of Roman Catholic Baptism. a. Overture from the Synod of Baltimore, asking the Assembly " ex- pressly to rescind or reaffirm the deliverance of the Assembly of 1835/' declaring that the Roman Catholic Church "has essentially apostatized from the religion of our Lord and Saviour Jesus Christ, and, therefore, OF THE ADMINISTRATION OF BAPTISM. 845 cannot be recognized as a Christian Church ; " and also asking it to reverse the action of the Assembly of 1875 touching the validity of Ro- man Catholic baptism. — 1879, p. 627. The unfinished business, being the consideration of the report of the Committee on Bills and Overtures in respect to the overture from the Presbytery of Baltimore, was resumed. A substitute for the report was adopted, which is as follows : Resolved, That this Assembly, in full accordance with the words of our Confession of Faith respecting the Church of Rome and its so-called spir- itual head, do now reaffirm the deliverance, upon this subject, of the As- sembly of 1835, as applying to that Roman hierarchy headed by the pope, falsely claiming to be the Church ; which, opposed absolutely and irreconcilably to the doctrines of Holy Scripture, is corrupting and de- grading a large part of Christ's Church over which it has usurped supreme control.— 1879, p. 630. b. The deliverance (of 1 835) referred to is as follows : 1. Resolved, That it is the deliberate and decided judgment of this As- sembly that the Roman Catholic Church has essentially apostatized from the religion of our Lord and Saviour Jesus Christ, and therefore cannot be recognized as a Christian Church. 2. Resolved, That it be recommended to all in our communion to en- deavor, by the diffusion of light by means of the pulpit and the press, and all other proper and Christian means, to resist the extension of Romanism, and lead its subjects to the knowledge of the truth as it is taught in the word of God. 3. Resolved, That it is utterly inconsistent with the strongest obligations of Christian parents to place their children for education in Roman Cath- olic seminaries. — 1835, p. 490. [See also under Form of Government, Appendix, chap, ix., sec. vi., par. 17, b.— if.] 14. Instruction to be Given, and Discipline Urged for Neglect. The Committee on Polity reported an overture from the Presbytery of West Virginia, asking the Assembly to appoint a day of fasting, humilia- tion and prayer, and to take further action, in view of the alleged geneva' and extensive neglect, on the part of church-members, of presenting their infant children for baptism. The Committee recommended the following in answer : The Assembly cannot regard an extensive neglect of this important ordinance to be as general as is alleged in the overture ; it admits, how- ever, that there may be considerable, and even extensive, neglect in cer- tain sections of the Church. Nevertheless, in view of the vital import- ance of the subject, it adopts, with some modification, one of the suggcs- tions of the overture — namely, that our Sessions and Presbyteries be enjoined to make careful inquiry in regard to the matter ; that they see to it that their pastors carefully instruct their churches on this subject ; and also that Sessions be directed to exercise proper discipline \s\w\\ neglect ex^ts and is persisted in. — Adopted 1886, p. 38. 846 THE DIRECTORY FOR WORSHIP. CHAPTEE IX. OF THE ADMINISTRATION OF THE LORD'S SUPPER. [See above, Digest, pp. 796-800.] IY. When the sermon is ended, the minister shall show, etc. [See Digest, pp. 797, 798.] 3. Church Membership is Implied in the Invitation to Commune. Overture from the Presbytery of Rochester, asking the question : " Does it comport with the standards and the usage of the Presbyterian Church to invite persons to the Lord's Supper who are not connected with any branch of the visible Church ?" The Committee recommend the following answer : That, according to the action of the General Assembly of 1872 (p. 75), it is riot in accordance with the spirit of the Presbyterian Church to extend such an invitation. "The language of the Book (' Directory for Worship,' chap. viii. [now chap, ix.], sec. iv.), relied upon by some to authorize indiscriminate communion, is not correctly inter- preted by them. Although, in describing the persons there invited to the Lord's table, church membership is not expressed, it is clearly implied."— Adopted 1876, p. 79. 4. Baptism with Water is Essential to Membership in the Pres- byterian Church. Overture from the Presbytery of North Texas, asking: 1. Can one be admitted to membership in the Presbyterian Church who has not received water baptism in any mode, and who does not believe in other baptism than the baptism of the Holy Ghost? 2. If not, can such persons — e. g., Quakers — be invited to the Lord's table ? Your Committee most respectfully answer the first question in the neg- ative. And, as an answer to the second question, would refer the Presby- tery to the Directory of Worship, chap. viii. [ix.], sec. iv., in regard to the proper qualifications of communicants. — Adopted 1883, p. 627. 5. The Session is the Judge of what is Bread and what is "Wine. [See under Form of Government, Appendix, chap, ix., sec. vi., 1877, p. 542; 1881, p. 548; 1882, p. 57; 1885, p. 685.— if.] CHAPTER X. OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. [See Digest, pp. 800-803.] I. Children born within the pale of the visible Church, and ded- icated to God in baptism, are under the inspection and government of the Church, and are to be taught to read, and repeat the Catechism, the Apostles' Creed, and the Lord's Prayer. They are to be taught to pray, to abhor sin, to fear God, and to obey the Lord Jesus Christ. OF THE ADMISSION OF PERSON'S TO SEALING ORDINANCES. 847 And, when they come to years of discretion, if they be free from scan- dal, appear sober and steady, and to have sufficient knowledge to dis- cern the Lord's body, they ought to be informed it is their duty and their privilege to come to the Lord's Supper. [See also Book of Discipline, chap, i., sec. v.] 7. The Duty of Home Training urged on the Attention of the Church. Whereas, This Church holds and teaches that " children born within the pale of the visible Church, and dedicated to God in baptism, are under the inspection and government of the Church, and are to be taught to read and repeat the Catechism, the Apostles' Creed, and the Lord's Prayer ; they are to be taught to pray, to abhor sin, to fear God, and to obey the Lord Jesus Christ ; and when they come to years of discretion, if they be free from scandal, appear sober and steady, and to have suffi- cient knowledge to discern the Lord's body, they ought to be informed it is their duty and their privilege to come to the Lord's Supper ; " And ivhereas, There seems to be inadequate attention given by parents, pastors, and Christians generally to this first and divine provision for the perpetuity, prosperity, and extension of the Church ; therefore, Resolved, That the General Assembly hereby specially directs the atten- tion of the whole Church to this momentous subject, in the full assurance that no part of the work of the Church is more fundamental and import- ant than that which is performed in the quietness and sanctity of homes where Christian parents are the divinely chosen and responsible guardians, guides, examples, and teachers of their children, in the way of the Lord ; and the General Assembly desires that the utmost diligence may be shown in this work ; that a generation of God's people, reneAved in heart in their infancy, may grow up in the practice of God's worship and service from their earliest years, so that his Church may be more intelligent, zealous, holy and progressive than in any former age. — 1875, p. 504. [See Pastoral Letter on Sabbath-schools, 1878, pp. 95-98, under Appen- dix to Form of Government, chap, xii., sec. v. 27. — if.] III. Those who are to be admitted to sealing ordinances shall be examined as to their knowledge and piety. 12. Polygamists cannot be Received into the Church while Re- maining in that Relation. No. 14. From the Presbytery of Kolapore, asking for an answer to the following questions — namely : Can a man who, before his conversion from heathenism, had been the husband of two wives, each the mother of several children, and with whom he continues to live in apparent harmony, be received into the Christian Church while retaining them both, or should he be required to separate from one of them ? In the latter case, from which ought he to separate? and why should he be separated from her? The Committee report that they have given the subject the most careful consideration, and have called before them all the foreign missionaries in attendance on the Assembly, and fully consulted with them. As the result of all their deliberations, the Committee recommend that the fol- lowing answer be returned : 848 THE DIRECTORY FOR WORSHIP. Under the light of the gospel, no man may marry a second wife while his first is living without offending against the law of Christ. Such a re- lation, although it may be justified by human law and entered into in ignorance of the truth, cannot be perpetuated by one who has become a follower of Christ ; neither can it be justified by his Church. Converts from heathenism should be treated very tenderly in this most painful sit- uation, and yet they should be dealt with in all fidelity ; and, when a con- verted man is called on to separate from all but his first and only wife, he should be enjoined to make suitable provision for her that is put away, and for her children, if she have any, to the full extent of his ability. The report was unanimously adopted. — 1875, p. 507. 13. Examination of Candidates ought ordinarily to be in the Presence of the Session. Overture from the Presbytery of Troy, asking : " Must the examination of candidates for admission to the sealing ordinances spoken of in chap. ix., sec. iii., of the Directory for Worship, be in the presence of the Ses- sion? Or may it be conducted by the pastor or a committee, and the result be reported to the Session to guide them in their action ?" Your Committee recommend the following action : Inasmuch as the members of the Session are the judges of the qualifications of those to be admitted to sealing ordinances, and the reception of such is their act, the examination of candidates ought manifestly to be in their presence, unless in special cases of sickness or other hindrance, when this duty may be performed by a committee, under direction of the Session. (See Moore's Digest, p. 130.)— Adopted 1885, p. 638. IV. When unbaptized persons apply for admission into the Church, they shall, in ordinary cases, after giving satisfaction with respect to their knowledge and piety, make a public profession of their faith in the presence of the congregation, and thereupon be baptized. [See under chap, viii., sec. iv., above.] 3. An Excommunicated Member, if Restored, is not to t>e Re- baptized. A question by the Presbytery of Holston, whether the excommunica- tion of a church member vitiates his baptism, and, on being restored, shall he be rebaptized? Both questions answered in the negative. — 1881, p. 586. [For the question as to the rebaptism of a Roman Catholic, see above, chap, viii., sec. i., 1875, p. 514. — M.~] CHAPTER XI. OF THE MODE OF INFLICTING AND REMOVING CENSURES. [See Digest, pp. 808-810.] OF THE SOLEMNIZATION OF MARRIAGE. 849 CHAPTER XII. OF THE SOLEMNIZATION OF MARRIAGE. I. Marriage is not a sacrament, nor peculiar to the Church of Christ. It is proper that every commonwealth, for the good of society, make laws to regulate marriage, which all citizens are bound to obey. [See Digest, pp. 810-822.] Testimony against the Immorality of loose Views and Practice on Divorce. The following resolution was adopted : Whereas, The preservation of the marriage relation, as an ordinance of God, is essential to social order, morality, and religion ; and Whereas, That relation, in the popular mind, is shorn of its divine sanctions to such an extent, that not only are its sacred bonds often sun- dered for insufficient and trifling reasons, but the action of the civil courts, and the divorce laws in many of the States, are in direct contra- vention of the law of God ; therefore be it Resolved, That the General Assembly hereby bears testimony against this immorality, and earnestly advises the churches and Presbyteries under its care to make use of all proper measures to correct this wide- spread evil— 1883, p. 689. For deliverances on polygamy, Mormonism, etc., see Book of Discipline, chap, i., sec. hi. 14, 1880, p. 77 ; 1881, pp. 549, 550 ; 1882, pp. 65, 66. VI. Marriage is of a public nature. The welfare of civil society, the happiness of families, and the credit of religion, are deeply inter- ested in it. Therefore the purpose of marriage ought to be sufficiently published a proper time previously to the solemnization of it. It is enjoined on all ministers to be careful that, in this matter, they neither transgress the laws of God, nor the laws of the community ; and that they may not destroy the peace and comfort of families, they must be properly certified with respect to the parties applying to them, that no just objections lie against their marriage. 2. Caution Enjoined in Solemnizing Marriages. Overture from the Presbytery of Monroe requesting that, in view of the great evils resulting from the frequency of divorce, and the ease with which it is obtained, ministers be enjoined to use great caution in perform- ing the marriage ceremony, and in all cases refuse when either of the parties has been divorced for any other than scriptural reasons. The Assembly cannot too emphatically pronounce its condemnation upon the loose views and practices so alarmingly prevalent iu our day, on the subject of marriage and divorce, nor too earnestly call upon its ministers and people to use their influence, both by precept and example, tor the promotion of a healthier moral sentiment in the community on this sub- ject. The formation of the marriage illation is attended with the gravest responsibility, and "nothing but adultery, or such willful desertion as can no way be remedied by the Church or civil magistrates" (Confession of Faith, chap, xxiv., sec. vi.), can warrant its rupture by any human 107 850 THE DIRECTORY FOR WORSHIP. authority. Let, therefore, the pulpit and the religious press, as well as parents, teachers and others, instruct and warn the young concerning these great evils and dangers. And our ministers are urged to the greatest possible care that " they neither transgress the laws of God nor the laws of the community " in marrying persons who have been divorced on grounds not warranted in the sacred Scriptures, or any other persons whose lawful right may be justly called in question. (Directory for Worship, chap, xi., sec. 6.) Nor may we, as conservators of the public morals, omit to appeal to the legislatures of our several States for the enactment of such laws of marriage, license, registration and other regu- lations as will at once protect the rights of ministers, parents aud society, as well as guard against hasty and improper marriages, and so take away, to a great extent, occasion for divorce. — Adopted, 1885, p. 639. CHAPTER XIII. OF THE VISITATION OF THE SICK. [See Digest, pp. 823, 824.] CHAPTER XIV. OF THE BURIAL OF THE DEAD. [See Digest, p. 824.] CHAPTER XV. OF FASTING, AND OF THE OBSERVATION OF THE DAYS OF THANKSGIVING. [See Digest, pp. 821-831.] IV. It must be left to the judgment and discretion of every Christian and family, to determine when it is proper to observe a private fast or thanksgiving ; and to the church Sessions to determine for particular congregations; and to the Presbyteries or Synods to determine for larger districts. When it is deemed expedient that a fast or thanksgiving should be general, the call for them must be judged of by the Synod or General Assembly. And if at any time the civil power should think it proper to appoint a fast or thanksgiving, it is the duty of the ministers and people of our communion, as we live under a Christian government, to pay all due respect to the same. 10. Monthly Concdrt of Prayer for Missions. Overture from the Presbytery of Philadelphia asking the Assembly to name a day in each month for united prayer throughout our churches for OF WEEK OF PRAYER. 851 the conversion of the world ; and, furthermore, that it be recommended that, on the first Sabbath of each month, one of the services, in whole or in part, be devoted to the consideration of this subject. The Committee recommended the following action : The attention of pastors and church Sessions is called to the great im- portance of maintaining regular services, with specific reference to the spread of the gospel throughout the world. This General Assembly would express their earnest desire that the " Monthly Concert of Prayer for Missions" be more generally observed by their churches, and they recommend that, in every congregation, the first devotional meeting of each month be given up to the consideration of the work of the Lord throughout the world, and to prayer for the world's conversion. — Adopted 1879, p. 585 ; 1880, p. 51. 11. Children's Day. — Special Services to be Held. a. The General Assembly hereby designates the second Sabbath of June as the children's day, on which special services for the children shall be held, and the vital topics of the Christian nurture and the con- version of the young shall be pressed upon the thought of the entire con- gregation. — 1883, p. 616. b. The General Assembly notices with approval the observance by our churches and Sabbath-schools of the second Sabbath of June, designated by a former General Assembly as " Children's Day," and emphasizes the importance of seeking the presence and power of the Holy Spirit in these services, that they may not be simply attractive, but profitable, contribut- ing to the conversion and Christian nurture of the young. — 1885, p. 626. 12. "Week of Prayer.— Day of Prayer for Literary Institutions. The Special Committee on Concerts of Prayer presented its report, which was adopted, and is as follows : 1. That the week beginning with the first Sabbath (3d) of January next, be observed by all our congregations as " a week of prayer " for the conversion of the world. 2. That the last Thursday (28th) of January next, be observed by all our churches and literary institutions, as a day of prayer for the influence of the Holy Spirit upon our colleges and seminaries and schools ; that our youth gathered therein may be converted to Christ and more completely consecrated to his service, and that larger numbers of our young men may be inclined to seek the work of the ministry. — 1885, p. 688 ; 1886, p. 94. CHAPTER XVI. THE DIRECTORY FOR SECRET AND FAMILY WORSHIP. [See Digest, pp. 831-834.] ADDENDA. DECISIONS AND DELIVERANCES OF THE GENERAL ASSEM- BLY OF 1886. FOBM OF GOVERNMENT. CHAPTER IV. (Ante, pp. 113, 114, and pp. 476-478, and Form of Government, Chap. XV., sec. viii., and Chap. XVI., sec. iii.) 6. Installation of Pastors Elect Insisted on, and none to be Des- ignated as P. B. whose Call has not been Regularly Acted on. The Committee of Bills and Overtures reported the following resolu- tion: Whereas, It is commonly reported that in several of our Presbyteries the custom prevails, first, of permitting ministers who have received calls from churches to serve such churches through a series of years without installation ; and, secondly, of placing the names of such ministers in the statistical tables as pastors elect (P. E.) ; And whereas, Such customs are manifestly iu consistent with the express requirements or implications of Form of Government, Chap. XV. viii., and XVI. iii. ; therefore, Resolved, That all our Presbyteries be enjoined : 1 . To take order that as soon as possible after a licentiate or ordained minister has been called by a church and the call been approved and accepted such person be installed as pastor of the church calling him. 2. To place the names of none in the statistical tables as pastors elect (P. E.) whose calls have not been regularly approved by the Presbytery having charge of the church issuing the call, and who have not signified their acceptance thereof and readiness for installation. Adopted 1886, p. 56. 7. Deliverances of Past Assemblies on Stated Supplies Reaffirmed. As intimately connected with the foregoing, the Committee recommend the adoption of the following: Resolved, That the careful attention of Presbyteries be directed to the deliverances of past Assemblies on the sub- jeet of stated supplies, as they are set forth in Chap. IV. of Moore's Digest 853 854 ADDENDA. (pp. 112, 113), and also in the Supplement of said Digest, pp. 476-478, all which deliverances are hereby reaffirmed by this Assembly. Adopted 1886, p. 56. CHAPTER X., Section XII. {Ante, p. 180.) 3. An Elder cannot Sit as a Corresponding- Member. No. 6, being an overture from the Presbytery of Milwaukee, for an answer to the following question : "Ina meeting of Presbytery, is there constitutional objection to inviting a Puling Elder present, as the retiring moderator, but not a delegate, to sit as a corresponding member ? " It is recommended that this answer be returned : " He cannot be invited to sit as a corresponding member in the Presbytery, because he is from no body in correspondence with it, and because he is eligible to the Presbytery as one of its constituency, and has not been delegated by his Session." Adopted 1886, p. 48. 4. A Unitarian Minister may not be Invited to Sit. Exception to Records of the Synod of the Columbia. We find on page 17 this record: That "The Rev. T. L. Elliott, of the Unitarian church of Portland, being present, was invited to the privileges of the floor." To this action of the Synod the Assembly excepts. — 1886, p. 110. CHAPTER XII., Section VI. {Ante, pp. 325-330.) 6. Committee to Revise trie Phraseology of Overtures. Resolved, That one of the Standing Orders of the General Assembly shall be that the stated clerk and the permanent clerk shall be a com- mittee to revise the phraseologies of all papers sent down to the Presby- teries to be voted upon ; provided, that in no case shall this committee so change the phraseology as to alter the meaning. — 1886, p. 94. CHAPTER XIIL, Section II. {Ante, pp. 337-345, and pp. 544, 545.) 20. The Pastor is Moderator ex-offlcio of a Meeting to Elect Elders and Deacons. Overture. — Being a request from the Synod of New York for an answer to the following question : " Is the pastor of a church by virtue of his office the moderator of a meeting of the communicants of his church called to elect ruling elders and deacons? and will the answer to this ques- tion also apply to regularly appointed moderators of Sessions who are not pastors ? " It is recommended that these questions be answered in the affirmative. Adopted 1886, p. 26. ADDENDA. 855 CHAPTER XIII., Section VIII. (Ante, pp. 546-548.) 9. Term of Service of Deacons Authorized. Overtures 4, &» 6, are requests from the Presbyteries of Washington City, Cleveland and Denver asking for term service for deacons. We recommend that this be granted, and, as instructed by the Assembly, in such form as to authorize each church to make either, neither or both these offices rotary. We therefore submit this form of overture to be >ent down to the Presbyteries : " Shall Chapter XIII., Section viii., be amended by inserting after the words ' ruling elders,' where it first occurs, the words ' or deacons,' and inserting in the first ' Proviso ' after the word ' Session ' the words ' or the Board of Deacons,' so that the first two sections shall read : If any particular church, by a vote of members in full communion, shall prefer to elect ruling elders or deacons for a limited time in the exercise of their functions, this may be done, provided the full time be not less than three years, and the Session or the board of deacons be made to consist of three classes, one of which only shall be elected each year ? " Adopted 1885, p. 689. 10. Constitutional Amendment Adopted. [The Committee to canvass the votes of the Presbyteries on the proposed amendment to Chapter XIIL, Section viii., Form of Gov- ernment, reported that it has been adopted by the majority of the Pres- byteries. The moderator formally declared Chapter XIIL, Section viii., as amended, to be a part of the Form of Government — viz. :] " Section VIII. If any particular church, by a vote of mem- bers in full communion, shall prefer to elect ruling elders or deacons for a limited time in the exercise of their functions, this may be done ; provided the full time be not less than three years and the Session or the board of deacons be made to consist of three classes, one of which only shall be elected each year ; and provided that elders, once ordained, shall not be divested of the office when they are not re- elected, but shall be entitled to represent that particular church in the higher judicatories when appointed by the Session or the Presbytery." —1886* p. 108. CHAPTER XV., Section IV. (Ante, pp. 404, 405, and 551, 552.) d. Members of the Congregation who Contribute to the Support of the Church entitled to Vote in the Election of a Pastor. A request from the Presbytery of New Castle for an answer to the following question: "Have members of a congregation, not communi- cants, who regularly contribute their due proportion of the necessary expenses of the church and congregation, a right to vote in the election of a pastor?" The Committee recommend that the question be answered in the affirmative, in accordance with previous deliverances — with this 856 ADDENDA. special appended statement, that the usage of some congregations which confines the right of voting for pastor to communicants is wholly legiti- mate, and might profitably become more prevalent. Adopted 1886, p. 48. CHAPTEK XVIII., Article XI. The Permanent Committee on Temperance. (Ante, pp. 568, 569.) c. The Committee Reorganized. Resolved, That the Permanent Committee be reorganized as follows : That its headquarters shall be in Pittsburg, Pa. ; that it be composed of the following ministers and elders : Kev. Elliott Swift, D. D., chairman ; Kev. William O. Campbell, D. D., Rev. William J. Holland, Kev. I. X. Hays, D. D., Rev. J. P. E. Kumler, D. D., Rev. X. B. C. Comingo. C. L. Rose, O. L. Miller, M. D., J. H. Baldwin, Thomas H. Rabe, Robert S. Totten, W T illiam B. Xegley ; and the committee shall determine by lot the several terms of their service, and report the result to the stated clerk for insertion in the minutes of the Assembly. Adopted 1886, p. 96, and Appendix, pp. 233-236. CHAPTER XXII. (Ante, pp. 131 and 463-468.) 8. The Right of Alternates to Sit is at the Discretion of the Judicatory. The Committee upon the Records of the Synod of Colorado would report their approval, with one exception, to wit : On page 254 the Synod excepted to the action of the Presbytery of Boulder in admitting to a seat in an adjourned meeting an alternate in place of a principal who had sat in a previous regular meeting. The Committee had also referred to it the Report of the Judiciary Committee upon the matters involved in the complaint of Rev. J. L. Reid against the action of the Synod of Colorado in excepting to the action of the Presbytery of Boulder in admitting to a seat at an adjourned meet- ing an alternate in place of a principal who had sat in a previous regular meeting. The Committee would report : 1. That, in their opinion, the very object of electing an alternate is to ensure, if possible, the actual representation of each constituency in its proper judicatory. 2. That, as the General Assembly has in several instances admitted to .-cats in its own body, during the progress of its annual meeting (see Digest, p. 468), an alternate in place of a principal who wished to be absent during the residue of the meeting, it is expedient that this subject, so far as there is no positive law, be left to the judgment of the several Presbyteries, as circumstances may require. Adopted 1886, p. 110. ADDENDA. 857 BOOK OF DISCIPLINE. CHAPTEK IX., Section III., Sub-section LXXXIII. (Ante, pp. 672-683.) Judicial Decisions by certain Synods were reported to the Assembly by the Judicial Committee, and by the Assembly confirmed — viz., 1, 2, 3, 4. 24. Complaint Dismissed. — Reasons Assigned. a. Not in Order; no Evidence of Notice; nor of Injustice done. Case No. 1. An appeal and complaint of H. D. Brown against a decis- ion of the Synod of Pennsylvania affirming a decision of the Presbytery of Western Africa deposing him from the office of ruling elder. The Committee recommend that the case be dismissed, for the reason that it is not in order as presented, there being no complaint nor evidence of notice of complaint, nor reason to suppose from the records of the Synod that any injustice has been done to the appellant either in the Presbytery or Synod. * Adopted 1886, p. 73. b. Because final Jurisdiction is in the Synod. No. 2. The appeal and complaint of Rev. George N. Smith against a decision of the Synod of New York refusing to sustain his appeal and complaint against the Presbytery of Geneva for certain irregularities in the proceedings in regard to which the Synod has final jurisdiction. The Committee recommend that the case be dismissed. No. 3. The complaint of J. W. Cummings and S. C. Faris against the Presbytery of Wooster for changing the terms of a call without the con- sent of parties. The Committee recommend that the case be dismissed, for the reason that final jurisdiction in the case belongs to the Synod, which has already acted in the case. No. 4. The complaint of certain members of the former Central church of Jacksonville, 111., against the action of the Synod of Illinois in refusing to sustain their complaint against the action of the Presbytery of Springfield in uniting the First and Central churches of Jacksonville. The Committee recommend that the case be dismissed for the reason that the Synod is the court of last resort in such cases. — 1886, p. 73. The Judicial Committee reported cases 6, 7 and 8, and its recommenda- tions were adopted — viz : c. The Case Remanded ivith Instructions. No. 6. The appeal and complaint of Rev. Leo Baier against the Synod of Minnesota for not sustaining his complaint against the Presbytery of St. Paul for dissolving the pastoral relation between the First Presbyterian church and Rev. C. C. Herriott; for allowing an elder to sit in Presbytery after he had received a dismission from the church ; and, for accepting control of the records of Session. The minutes of the Synod are defective in not specifying the points upon which it based its action in hearing Mr. Baier's complaint, and for not giving its reasons for the same. They recommend that the case be remanded to the Synod lor a new trial, or foi a more specific statement of the case and of the reasons tor its decision. — 1886, p. 93. 108 858 ADDENDA. d. The Pastoral Relation not Subject to the Jurisdiction of the Assembly. No. 7. The complaint of Kev. William W. Campbell against the Syn- od of Baltimore ; for not sustaining his complaint against the Presbytery of Baltimore for dissolving the pastoral relations between him and the Grove church ; and, for its action upon the report of the Home Missionary Committee of the Presbytery having reference to himself. The Judicial Committee recommended that the complaint be dismissed, as such cases are not subject to the jurisdiction of the General Assembly. — 1886, pp. 93, 94. e. Because the Complainant had no Right of Complaint, and because the Case had been Adjudicated by the proper Judicatory. No. 8. The complaint and appeal of Saharanpur Presbytery of the Reformed Presbyterian Church, India, against the Presbyterian Board of Foreign Missions, and against the Furrukhabad Presbytery, because of the reception of Rev. J. S. Woodside by the Presbytery and the approval of its action by the Board. The Committee recommended the rejection of the complaint and appeal for the reason that the Saharanpur Presbytery has no right of complaint or appeal to the General Assembly, and because the Synod of Northern India, in accordance with the action of the Assembly of 1884, has adjudicated all questions belonging to the case. — 1886, p. 94. CHAPTER XII., Section CXIV. {Ante, pp. 753-755.) 11. A Member may not be Received on a Letter from Sweden- borgians. An overture from the Presbytery of Dayton asking, " Is it admissible for a Session or minister by any official act to recognize the Swedenborgian Church as a Christian Church ; as, for instance, to recognize its certificate of church-membership as valid?" The Committee recommends the fol- lowing answer : " In view of the great doctrinal differences between the Sw T edenborgians and ourselves, the Assembly regards the reception of church-members upon certificate from them as inadmissible. It is not intended by this deliverance, however, to deny the Christian character of many who are known as Swedenborgians." Adopted 1886, p. 37. INDEX. Abbot, C. J., 706. Abbreviations in Records, 514. Ability of Will, 218, 226, 228, 309. Absence of Accused, 619-625, 636. of Parties, 702-708, 716. of Records, etc., 704-706, 712, 738-740. Absentees from Judicatories, 194, 198, 199, 513, 631, 657, 658. from Ordinances, 605, 640-642, 719. from Residence, 500, 640, 756, 757. Roll of, 640, 756, 757. Abstinence from Ardent Spirits, 596, 597. Total, 598, 605. Accusations, Caution in Receiving, 613. Accused, Conference with, 611, 612. Citation of, 118, 617-620, 683. Second Citation of, 619, 623, 633, 636. Time for Appearance, 619. Counsel for, 619-621, 623, 630. mav Appear by Counsel, 633, 636. Trial in Absence of, 619-625, 630, 702, 716. Suspension of, Pending Trial, 631, 632- 636. Accuser in Judicial Cases, 610, 611-613. Adam, Sin of, 223, 227, 229, 525. Adams. William, 815. Addenda, Assembly of 1886, 853-85S. Adjournment, no Debate on, 206, 516, R. 18* always in Order, 206, 516, R. 19. Administration of Baptism, 787-796, S44, 845. of the Lord's Supper, 796-800, 846. Admission to Sealing Ordinances, 800- 807, 846-848. Examination on, 806, 807, 847, 848. Baptism on, 806, 807, 848. no Re-Baptism, 848. Admonition, Judicial, 127, 192, 222, 633, 636, 737. to the Prosecutor, 613. to the Judicatory, 208, 518. Adopting Act, tbe, 46, 47. Adoption of the Standards, 45, 51, 52. Mode of, 50. Required, 54, 57, 545. Adultery, 811-814. Advice of the Assembly, 217, 521. Affinity, Degrees of, 814-819. Elective. 135, 231. Age of Infancy, 787. of Discretion, 820. Agency of the Spirit, 224, 228, 230, 319. Moral. 219, 226, 228, 309. Agreement of Parties, 417, 420. Alliance of the Reformed Churches, 532, 535. * R refers to Rules for Judicatories. Alliance of the Presbyterian Churches of India, 479, 480. Almsgiving, 316, 785. Alternates, 132, 466-463, 856. Amendments of the Confession, 326-328. of the Constitution, 51, 325-330, 502, 509, 521, 546, 575-582. to Motions, 206, 516, R. 20. Amusements, Social, 585-589. Andrews, Edward, 169, 669. Josiah B., 690. Animals, Cruelty to, 609. Answers to Overtures, 329, 330, 542, 543, 573. 579. Apostles' Creed to be Taught, 800. Appeal from the Chair, 205, 207, 515, 518, 631, 678. without Debate, 207, 51S, R. 36. Appeals, Of, 651, 691-743. Judicial Powers of the Assembly, 217, 521, 699, 857, 853. of the Synods, 191, 509. of the Presbyteries, 144, 491. Entry of, on Minutes, 627. Record of, to be Transmitted, 627, 737- 740. in Cases without Process, 640. New Evidence in, 649-651. and Complaints Consolidated, 691. Parties in, 691-693. who mav Appeal, 496, 639, 640, 663, 691, 692, 693-696. Grounds of, 694-699. Notice of, 699-702. Limitation of Time, 699, 700. Time for Appearance, 702-703. Counsel in. 63^. 702. Personal Attendance, 702. 704. Abandonment of, 691, 702, 708. Continued, 703, 704-706. Order of Proceeding, 710-736. Shall it be Entertained? 710. who may Vote. 631, 709, 710. the Decision, 716-736. the Judgment, 711, 737. Minute Explanatory, 711, 724. Sequence of, 741-743. Effect of, 737, 738. Waiver of Rights, 620. no Second Appeal, 693. Bar to, 692. 704. 717. Appellant, Rights of. 628, 691, 709. Attendance of. 625, 702. Abbot, C. J.. 706. Adams. William. 814, B15. Andrews, Josiah B., 690. Arthur, William. 620, (521. 628, 722. Ai water. James, 722. Baier. LiBO, 857. Baldwin, C. H., 70(5. Bancroft, A., et «/., 496, 717. 859 860 INDEX. Appellant : Barnes, Albert, 226, 227, 628, 692. Bell, Benjamin, 700, 704. Bell, Joseph E., 626, 721. Bergen, Church of, 700. Birch, Thomas L., 151, 695. Bloomington, Church of, 612. Bradford, J., 735. Brown, H. D., 857. Bourne, George, 628, 704, 716, 740. Boyd, Samuel, 717. Bradshaw, Walter, 717. Breckinridge, Bobt., et al., 673. Browning, M. J., 649, 668, 735. Bushnell, Pope, 204, 709, 738. Campbell, W. W., 699, 858. Chamberlain, Hiram, 722, 723. Chavis, Jared M., 741. Condit, Isaac H., 510. Connell, Joseph, 150, 420. Craighead, Thomas B., 223, 226, 701, 707, 708, 728-730, 737. Cross, A. B., 710. Cummings, J. W., 857. Davis, Wm. C, 191. Davis, M., 703. Dobbins, Eobt. B., 712. Donaldson, Heber, 739. Dull, Nannie J., 509. Edgar, M., 552. Fishbach, George, 692, 700. Gordon, Alexander, 641. Gordon, John, 718. Hamilton, Duncan, et ux., 705. Harris, Anne B., 704. Hawes, Newton, 702. Hill, Maria, 619. Hotchkiss, G. A., 641. Howe, S. Storrs, 699. Hummer, Michael, 696. Lockwood, L. E., 650, 717. Lowrey, Samuel, 123, 652, 701, 712, 720. McCalia, Wm. L., 614. McElwee, William, 620. McLane, W. W., 741. Martin, John W., 700, 703. Mifflinsburgh, Church of, 678. Miller, John, D. D., 524, 713, 717. Miller, Silas, 717. Peck, Harlan, 629, 711. Price, David, 127, 584, 671. Eamsey, Jefferson, et al., 710. Eice, Matt. H., 742. Rockafeller, et al, 698. Eogers, J. H., 698. Eollins, John, 734. See, Isaac M., 525, 526, 713, 717. Severance, John F., 704. Sheldon, George, 649. Shepherd, Smiley, 172. Skinner, John, 725. Skinner, Thomas H., 692. Smith, George N, 857. Snodgrass, James, 707. Spillman, J. H., 618, 619. Tavlor, James, 703. Todd, John, 648, 705. Turbitt, John, 706. Ward, John, 648. Wilson, Joshua L., et al., 693. Worrell, T. F., 652, 718, 733, 737. Yale, Charles, 700. Appellee, 691. Appellee, Death of, 692. Appendix, Form of Government, 475-574. Directory for Worship, 835-851. Approval of Minutes, Effect of, 663. Ardent Spirits, Abstinence from, 595-597. Manufacture of, 599-602. Traffic in, 599-605, 610. Arianism, 308. Art Galleries, 766. Arminianism, 308. Assessments, Unconstitutional, 574. Assembly, General, Op the, 200-336, 514-544. Assembling of the Congregation — Di- vine Service, 774. Atonement of Christ, 227, 230. Austin, David, 160. Authority of Confession, 54. of Notes on, 52. Balch, Hezekiah, 668. Baldwin, C. H., 706. Baptism, Administration op, 787-796, 844, 845. who may Baptize, 787, 792. Subjects of, 610, 792-794, 806, 807. Formula of, 795, 796. Mode of, 796. of Adults, 129, 130, 806, 807. Eomish, 484, 789-792, 844, 845. Discretion as to, 484, 844. Instruction to be Given on, 845. with Water Essential, 846. Baptized, Care over, 580, 800-803. Eelation to Church, 580, 581, 610, 800, 846. Discipline of, 560, 610, 801. Instruction of, 610, 802, 803. Admission to Communion, 800-803. Eoll of, to be Kept, 486. Included in Letter, 486, 582, 753. Barnes, Albert, 226, 227, 669, 670. Beecher, Wm. H., 689, 727. Bell, Benjamin, 700, 704. Bell, Joseph E., 626, 721. Benediction, when Eequired, 332, 412, 543. Beneficence, Committee of, 566-568. Benevolence, Committee of, 455, 566. Betting, 301, 592. Bigamy, 811, 812. Bills and Overtures, Committee of, 213, 516, 519 520. Eight of, to Floor, 516, E. 11. Birch, Thomas L., 151, 695. Bishops or Pastors, 112-114, 476-478. Blanks, Filling of, 206, 516, E. 17. Board of Education, 353-364. Charter of, 354, 355, 359, 360. Constitution of, 356-358. Eules of, 361-363, 551. Board of Missions, 423, 424. of Home Missions, 426-430, 555-558, 564-566, 635. Charters of, 425, 427-430. Eelation of, to Foreign Board, 557, 558. Board of Foreign Missions, 430-433. Constitution of, 430. Charters of, 432, 433. Board of Ministerial Belief, 448-451, 561- 563. Constitution of, 561, 562. INDEX. 861 Board of Ministerial Eelief, Charter, 562, 563. Board of Missions for Freedmen, 451, 452, 564. Eelation to Presbyteries, 564. Board of Publication, 433-441, 558-561. Charter of, 441. Board of Church Erection, 442-448. Plan of, 443, 447. Charters, 447, 448. Board of Aid for Colleges, etc., 569, 570. Boards have no Judicial Powers, 634, 635. BOOK OF DISCIPLINE, THE, 575-758. Beport of Committee to Bevise, 575- 579. Eevision Overtured, 578. Adopted, 543, 578, 579. Amended, 579-582. Effect of Adoption, 579. Chap. I. Of Discipline, Its Nature, Ends and Subjects, 583-610. Sec. I., 583. " II., 583-585. " III., 585-609. " IV., 609, 610. " V., 580, 610. Chap. II. Of the Parties in Cases of Process, 610-615. Sec. VI., 610. " VII., 611. " VIII., 611, 612. " IX., 612. " X., 612. " XL, 612. " XII., 612, 613. " XIII., 613. " XIV., 613-615. Chap. III. Of Charges and Speci- fications, 616, 617. Sec. XV., 616. " XVI. , 616, 617. " XVIL, 617. Chap. IV. Of Process: General Eules Pertaining to all Cases, 617-632. Sec. XVIII. , 580, 617. " XIX., 617-619. " XX., 619. " XXL, 619-625. " XXIL, 625. " XXIIL, 626, 627. " XXIV., 627-629. " XXV., 629. " XXVL, 579, 630, 631. " XXVIL, 631. " XXVIIL, 631. " XXIX., 631. " XXX., 631. " XXXL, 631. " XXXIL, 631, 632. Chap. V. Special Eules : Cases be- fore Sessions, 633, 634. Sec. XXXIIL, 633. " XXXIV., 633. " XXXV., 634. Chap. VI. General Eules: Trial of a Minister, Elder or Dea- con, 634-639. Sec. XXXVL, 634. " XXXVIL, 634-636. " XXXVIIL, 636. " XXXIX., 636. Sec. XL., 636, 637. " XLL, 637. " XLIL, 637. " XLIIL, 637-639. " XLIV., 639. " XLV., 581, 639. " XLVL, 639. Chap. VII. Of Cases without Pro- cess, 640-643. Sec. XL VII., 640. " XLVIIL, 640. " XLIX., 640. " L., 640-642. " LI., 643. " LIL, 643. " LIIL, 643. Chap. VIII. Of Evidence, 644-651. Sec. LTV., 644. " LV., 644. " LVL, 644. " LVIL, 644, 645. " LVIIL, 645. " LIX., 645. " LX., 645. " LXL, 645, 646. " LXIL, 646. " LXIIL, 646. " LXIV., 646. " LXV., 646, 647. " LXVL, 647. " LXVIL, 647. " LXVIIL, 648, 649. " LXIX., 649-651. Chap. IX. Of the Ways in which a Cause may be Carried, 651-743. Sec. LXX., 651-653. Sec. I. Of General Review and Con- trol, 654-667. Sub-Sec. LXXL, 654-657. LXX1L, 657-664. LXXIIL, 664. '• LXXIV, 664-666. " LXXV., 666. LXX VI., 666, 667. Sec. II. Of References, 667-672. Sub-Sec. LXXVIL, 667, 668. LXXVIIL, 668, 669. LXXIX., 669-671. LXXX., 671. LXXXL, 671. LXXXIL, 671. 672. Sec. III. Of Complaints, 672-691. Sub-Sec. LXXXIIL, 672-686. LXXXIV, 6S6-68S. " LXXXV.. 688. " LXXXVL, 688. " LXXXVIL, <- " LXXXV1IL. 6SS-690. " LXXXIX., 690, 691. " XC, 691. xci., 691. XCIL, 691. " XCIIL, 691. Sec. IV. Of Appeals, 691-713. Sub-Sec. XCI V.. 691-694. XCV., 694-699. XCVI., 69! XCVII., 702-7 XCVIIL, 709, 710. XC1X.. Tut 736. C.. 737, i CI.. 738 Tit). CI I., 740-743. 8S2 INDEX. Chap. X. Of Dissents and Protests, 743-747. Sec. CIII., 743. " CIV., 743, 744. " CV., 744, 745. " CVI., 745, 746. " CVIL, 746, 747. Chap. XI. Op Jurisdiction in Case of Dismission, 747-752. Sec. CVIIL, 747, 748. " CIX., 748, 749. " CX., 749-751. " CXI., 751, 752. " CXII., 752. " CXII I., 752. Chap. XII. Of Removals and Lim- itation of Time, 753-757. Sec. CXIV., 753-756, 858. " CXV., 756. " CXVI., 756, 757. " CXVII., 757. Chap. XIII. Of Judicial Commis- sions, 758. Sec. CXVIIL, 758. Bourne, George, 584, 704, 716, 740. Boyd, Samuel. 157, 717. Bread, Communion, 483, 484, 846. Brown, L. E., 680, 681. Burial of the Dead, 824, 825. Bushnell, Pope, 204, 709, 738. Business, Conduct of, 205, 515, R. 4. Unfinished, 206, 516, E. 13. to Take Up, 206, 516, E. 18. Caledonia, Session of, 585. Call, Form of, 405, 406. how Subscribed, 409. how Prosecuted, 409, 416, 417, 552. only through Presbytery, 416, 553, 853. Canada, Ministers from, 158, 493. Candidates, Licensing of, 352-402, 549- 551. Examination of, 310, 361, 366, 397, 398, 549, 550. must be Members of Pres. Church, 550. when Eeceived, 361, 365, 366. by what Presbytery, 364-366, 549. by whom Licensed, 145, 364, 365. Education of, 310, 366, 369. Time of Study, 398, 399. Trials for Licensure, 397, 398, 549, 550. Exceptional Cases, 368, 369, 401. Licensure of, 399, 549. must Adopt Standards, 46, 49, 411. Transfer of, 400, 549, 756. Canvass, Committee of, 542, 578, 581, 582, 855. Cases without Process, 640-648. Delay in, 640. Judgment and Record, 640. Charges Pending, 643. Cases before Sessions, 633, 634. Catechisms Adopted, 45, 48, 51. Part of the Standards, 55, 56, 91, 411. to be Taught, 56, 800, 802, 832-834. Standard Copy, 56. Heidelberg, the, 56. Censure, Church, 120, 127, 633, 636. Admonitions, 127, 192, 222, 633, 636, 737. Censure, Rebuke, 633, 636, 737. Suspension, 116, 160, 631-633, 636, 639, 641, 643, 699, 737. Deposition, 148, 159, 161, 633, 636, 637, 639. Excommunication, 128, 633-636, 640, 642, 808-810. without Citation, 618. without Trial, 584, 617, 618, 640. Disproportionate, 583, 584, 718. Removal of, 159, 620, 631, 637. Unconstitutional, 192, 659, 660, 721-723. of Private Prosecutor, 613. of Lower Judicatories, 151, 194-199, 657-662, 665, 666, 689, 690, 700, 725, 739. Certificate. See Dismission. of Good Standing, 130, 641, 755. of Marriage, 821. Chairman of Committee, 206, 516, R. 9. Chaplains, 164, 165. Charge at Ordination, 346, 348, 412. at Installation, 418. Charges and Specifications, Of, 616, 617. must be Specific, 616. in Writing, 617. Process on, 617-633. what Alleged, 616, 617. Entered on Minutes, 627-629. Proof of, 645. Charter of Trustees of the Assembly, 333- 335. of the Board of Education, 354, 355, 359, 360. of the Board of Home Missions, 423, 427-430. of the Board of Foreign Missions, 432, 433. of the Board of Publication, 441. of the Board of Church Erection, 447, 448. of the Trustees of Presbyterian Home, 436. of the Board of Ministerial Relief, 562, 563. of the Board of Missions for Freed- men, 564. Charters, Church, 108, 109. Children, Instruction of, 610, 802, 803, 832- 834, 847. Relation of, to the Church, 580, 581, 610, 800, 846. Children's Day, 851. Chinese in United States, 557, 558. Christ, Offices of, 309, 310. Righteousness of, 221, 228-230. Church, Of the, 107-111, 475, 476. Members of, 107, 109, 610, 800. See Members. Organization of, 107, 108, 173. Imperfectly Organized, 92, 476. Extinct, 752. Church, Officers of the, 112-119. Church, Ordinances in a, 120, 479. Church Government and Judicato- ries, 120-123, 479, 480. Church, Relation of, to the State, 121, 122, 276,531. Collegiate, 137, 138, 490, 491. Confessions, 129, 667. Covenant, 129, 667. Withdrawal of a. 172, 495. INDEX. 863 Church, Dissolution of a, 172, 495, 496. Extinct, 752. Property, Control of, 109-111, 491. Trustees of a, 108-111, 255. Church, Bethuel, 803, 804. Churches in Different Presbyteries, 139, 491. Citation, how Attested, 617. of Accused, 118, 127, 617-620, 683. of Parties, 416-419, 617. of Witnesses, 617. how Served, 619. Refusal to Obey, 619. Second, 619, 620-633, 636. when not Necessary, 494, 643. Citations in Translation, 416, 417. in Resignation, 419, 420. when Returnable, 625, 626. Civil War, the, 235-245. Civil Courts, Decisions of, 584, 680. Clapp, Theodore, 112, 160. Clement, John, 146. Clekks, Of, 461. Duties of, 461, 617, 646, 647, 686, 699. to Form Complete Roll, 206, 516, R. 10. to Add Names, 206, 516, R. 10. to Receive and File all Papers, 206, 516, R. 11. Permanent, 210, 211. Stated, 208-210, 501, 519. Temporary, 211, 519. College of New Jersev, 373, 374. Collins, Aaron C, 637, 638. Colportage, Department of, 440, 558. Commission, Form of, 468. Absence of, 202, 469, 470, 571, 572. Irregularities in, 469, 470, 571, 572. Commissions, Committee on, 200, 514. Judicial, 509, 521, 681, 758. for taking Testimony, 646, 647. Ordination by, 145, 146. Commissioners to the General Assem- bly, 462-474, 571-574. Ratio of, 462-474, 521. when Appointed, 462, 463. Alternates, 466-468, 856. Irregularity in Appointing, 463, 464. Attendance of, 215, 465. Expenses of, 470-474, 572-574. from New Presbyteries, 465, 466. Excluded Pending Action, 332, 632. Commissioners to Prosecute a Call, 409, 416. Commit, Motion to; 206, 516, R. 18, 19. Committee, how Appointed, 205, 515, R. 7. Chairman of, 206, 516, R. 9. of Bills and Overtures, 516, R. 11. Judicial, 208, 518, R. 41. of Prosecution, 208, 519, R. 42. on Place of Meeting, 544. Committees of the Assembly— viz. : of Commissions, 202, 514. of Bills and Overtures, 213, 516, 519, 520. . of Judicial Business, 208, 214, 518. of Polity of the Church, 214. of ixome Missions, 214. of Foreign Missions, 214. of Education, 214. of Publication, 214. of Church Erection, 214. of Theological Seminaries, 214. Committees of the Assembly : of Ministerial Relief, 214. of Freedinen, 214. of Aid for Colleges, 569, 570. of Correspondence, 214. of Benevolence, 566, 567. of Narrative, 214. of Temperance, 563, 856. of Leave of Absence, 215. of Mileage, 572-574. of Finance, 216. of Records of the Synods, 521. Common Fame, 611. Communicants as Voters, 342, 545, 546, 552, 855. Communion, Admission to, 800-807. Invitation to, 798, 846. Exclusion from, 593, 633, 636, 640. 808. Terms of, 44, 307, 599. Wine, 483, 484. Competency of Witnesses, 644. Complainant, Counsel for, 626. 630, 691. Duty of, 688. may Appeal, 691. Complaints, Of, 672-691. Definition of, 672. where Lodged, 68S. by whom Brought, 672. what will not Lie, 673-683. Subjects of, 648, 683-685. Statement of, 682. Dismissed, 673, 677-679, 682-684, 687, 688, 703, 740, 817, 857. Leave to Withdraw, 679, 680, 682, 683, 685. Written Notice of, etc., 513, 686-688. Reasons Given, 686-688. Time within which, 636, 687. Right of, Lost, 687, 633. in Cases non-Judicial, 683. Mode of Procedure, 688, 712-736. . Effect of, if Sustained, 633-690. Parties in a, 690, 691. may not Vote, 691. Counsel in, 626, 630, 691. Appeal in Cases of, 691. what Recorded, 510, 513. Cases of — viz. : Baird, James H., et al, 351. Bancroft, Addison, 721. Beecher, Win. H., et al, 689, 727. Birch, Thomas L., 151, 695. Bird, Thompson. 684. Bradshaw, Walter, 484. Breckinridge, R. J., et al., 405, 673. Carson, W. P., 420, 677. Carter, John Pvm, 686. Cathcart, Robert, 698. Church at Xew Orleans, 160, 732. Seventh Cincinnati. 721. Fifth Philadelphia, 734. Clark, J. T., et al., 338. Cochran. John, 700. Colmery. W. W.. 680. Obnnell, Joseph, L50, 421. Corwan. Alexander M.. 685- Crosby. Arthur. 01 -J, 077. Davidson, J. W., et al., oi i. Davis, Henry, 702. Dobbins. Robert B., 72::. Erskine. Ebene/.er. 691, 700. 711. Fanis, Robert P., 678. 864 INDEX. Complaints, Cases of: Finley, Kobert S., et al., 630, 709, 726. Fisher, James P., 687. Fletcher, Donald, 704. Gould, Samuel M., 677, 687. Graham, Edward, 629, 730. Green, Ashbel, 115, 684. Guild, Wm. B., 193, 350, 630, 715. Guy, Alexander, 679. Harmon, Fisk, 687. Hendrick, James P., 683. Hindman, Francis, 144, 648, 695. Hobbs, Benedict, 716. Houston, Samuel, et al, 702. Hynes, Thomas W., et al, 683. Irvine, D. W., 680. James, W. H., et al, 682. Junkin, George, 628. Kern, Christopher, et al., 732. Kirkpatrick, J., 629. Knox, Franklin, 727. Lively, Wm. M., 703. Lost Creek Congregation, 497, 498. McClure, David, 684. McDowell, Wm. S., 192, 633. Mclver, Colin, et al., 673, 687, 817. McKinney, D., et al., 742. McPheeters, S. B., 174. McQueen, Archibald, 638, 673. Mack, John, 615. Martin, J. W., 679, 680. Metcalf, A. D., et al, 692. Miller, Alexander, 632. Monfort, J. G., 740. Nevin, Alfred, et al, 344, 703. Niccolls, S. J., et al, (579. Perkins, W., et al, 725. Pirez, Emanuel P., 728. Eice, M. H., 742. Russell, James, 678, 739. Sawyer, E. N., et al, 702. . Sewickley, Church of, 500. Shearer, Frederick E., 731. Shepherd, Smiley, 172, 739. Skinner, Thomas H., 662, 679, 690, 711, 742, 743. Smith, E. Bailey, 693. Smith, J. Y., 338. Smylie, James, 627, 650, 713, 731. Strong, George P., et al, 703. ' Turbitt, John, 684. Van Dyke, Joseph S., 680. Waller, David J., 739. West, Nathaniel, 641, 662, 679, 682, 711. 719, 742, 743. Wheeler, Erwin, et al, 703. White, W. M., 742. Complaints, Presbytery of Blairsville, 341. of Carlisle, 192, 683. of Cincinnati, 758. of Philadelphia 3d, 743. of Saharanpur, 720. of St. Clairsville, 677. of Washington, 684. Concurrent Declaration, 92, 476. Confession of Faith Adopted, 45, 51, 96. Authority of, 54, 96. Acceptance of, 545. Mode of Adoption, 47, 50, 91, 346, 399, 110. how Amended, 326-328. of Guilt, Effect of, 626, 640. of Heresy, 128, 129. Congregation Defined, 545. Organization of, 107, 108, 173. Transfer of, 175, 187, 188. Vacant, 138, 139, 419, 422, 461, 462, 554, 639. Connell, Joseph, 150, 421. Consanguinity, Degree of, 814-819. Conscience, Right of, 43, 44, 48, 276, 306, 744. Consent of Parties, 417, 628, 631, 649. Constitution Adopted, 51, 52. Notes to, 52. how Amended, 325-330, 542, 543. Continuance of Cases, 703, 706, 707, 739. Contingent Fund, 472, 572, 573, 574. Contumacious Restored on Submission, 619. Contumacy, Censure for, 619, 620, 633, 636, 647. Proceedings in, 120, 619, 633. Not charged on first Citation, 620. Conversion, Agency of the Spirit in, 224, 228 230 319 Evidence of, 49, 800, 803, 806. Copy of Proceedings, 617, 628, 656, 738. how Authenticated, 461, 628. Parties Entitled to, 617, 631. Correction of Error, 652, 653. of Records, 133, 512, 655, 656. Correspondence with other Churches, 267- 275. between O. S. and N. S* 56-61. with Presbyterian Church in United States, 273-275, 536-541. • only with Ecclesiastical Bodies, 532. how Limited, 535. Committee on, 214. Corresponding Bodies, 276, 277, 532-538. Delegates from, 213. Corresponding Members of Assembly, 212, 213 519 of Sy'nod,191, 198, 854. of Presbytery, 180, 198, 854. of Session, 124. an Elder may not be, 854. Permanent Officers are, 519, R. 43. Counsel for Accused, 619, 620, 623, 625, 630. for Complainants, 626, 630, 691. Professional, Excluded, 580, 630. may not Vote, 630. must be a Minister or an Elder, 630. Covenant of Grace, 218, 219. of Works, 222. of Church, 129, 667. Craighead, Thomas B., 223-226, 616, 707, 708, 728-730, 737. Credibility of Witnesses, 644. Critical Exercise, 398. Crosby, Arthur, 612, 677. Cross, John, 416. Cross-Examination, 626. Cruelty to Animals, 609. Cumberland Presbyterians, 789. D Dancing, 301, 585-587, 588-590. Danville Seminary, 540, 541. Davis, Wm. C, 147, 191, 192, 222, 223, 671. Dav, S. F., 351. Deacons, Of, 109, 118, 119, 478. Election, Ordination of, 337-352, 544, 545, 855. INDEX. 865 Deacons, Installation of, 346, 546. Qualifications of, 337, 339, 340. Term, of Service, 545, 855. may be Elders, 119, 479. may Serve the Table, 119, 478. ceasing to Act, 349, 546. Eesig nation of, 546. Deaconesses, no Authority for, 545. Death of Eespondent, 692. Decision, Judicial, 716-736. must be Eespected, 661, 662. may not be Eeversed on Eeview, 665, 666. Confirms Lower Judicatory, 115, 150, 174, 344, 420, 641, 649, 650, 673, 678, 684, 698, 716, 717. Confirms in Part, 192, 339, 723-725, 733. Eeverses, 123, 226, 351, 403, 583, 584, 612, 641, 670, 671, 689, 690, 694, 696, 717-723, 734. Eeverses in Part, 339, 690, 723-727. Annuls, 696, 722, 723, 734. Eemits for New Trial, 629, 648, 653, 710, 715, 727-730, 732, 738, 742, 743. Eemits with Instructions, 226, 629, 648, 685, 689, 695, 721, 727, 728, 730-732, 739, 741, 857. Sustains pro forma, 193, 339, 350, 615, 681, 722, 725. Dismisses, 173, 420, 674, 677-679, 682- 684, 687, 688, 692, 694, 697, 698, 703, 704, 707, 708, 717, 740, 741. Dismisses without Prejudice, 618, 680, 707. Dismisses and Eestores. 702. Nisi, 717. Postpones for Eecords, 704, 706, 710, 739. and Censures Delinquent, 738, 739. Postpones by Bequest, 703, 706. Suspended in Absence of Eecords, 712, 738. Leave to Withdraw, 678-683, 685, 693, 697, 703, 741. Eestores the Censured, 722, 726, 734, 738, 810. Decisions of the Civil Courts, 584, 680. Declaration of Trust, 458. and Testimony, 181, 685. Decrees, Divine, 219. Deliverances on Doctrine, 218-232, 524, 525. on Moral Questions, 585-609. on the State of the Country, 235-245. Demission of Ministry, 162, 165-169, 492, 639, 643. Deposition from the Ministry, 148, 161. 637, 639. from Oflice, 633, 636. Cases of, 159, 648, 696, 700, 704, 706. Distinct from Excommunication, 633. Deposed, Standing of, 161, 492, 639. Eestoration of, 159, 492, 637, 638. Publication of, 161, 639. Jurisdiction over, 159, 637, 749, 750. Desecration of the Sabbath, 322-325, 759- 767, 835-839. Desertion, Willful, 812, 813, 849. Devotional Services, Committee on, 216. DIEECTOEY FOE WOESHIP, THE, 759- 851. Chap. I. Of the Sanctification of the Lord's Day, 759-773, 835-841. Sec. I., 759-761. " II., 761-767, 835-839. 109 Sec. III.- VI., 767-773, 839-841. Chap. II. Of the Assembling, etc., for Divine Service, 774, 841. Sec. I., II., 774. Chap. III. Of the Public Eeading of the Scriptures, 774, 775, 841, 842. Sec. I.-IIL, 774, 775, 841, 842. Chap. IV. Of the Singing of Psalms, 775-782, 842, 843. Sec. I., 775-779, 842, 843. " II., 779-782. " III., IV., 782. Chap. V. Of Public Prayer, 783- 785, 843. Sec. I.-IV., 783-785. Chap. VI. Of the Worship of God by Offerings, 785, 844. Sec. I.-IV., 785. Chap. VII. Of the Preaching of the Word, 786, 787, 844. Sec. I., II., 786, 787. " III.-VL, 787. Chap. VIII. Of the Administra- tion of Baptism, 787-796, 844, 845. Sec. I., 787-792, 844, 845. " II., III., 792-795. " IV., 795. " V., 796. Chap. IX. Of the Administration of the Lord's Supper, 796-800, 846. Sec. I., 796, 797. " II.-IV, 797, 798, 846. " V., VI., 798-800. Chap. X. Of Admission to Sealing Ordinances, 800-807, 846-848. Sec. I., 800-803, 846. " II., III., 803-806, 846-848. " IV., 806, 807,848. Chap. XL Of the Mode of In- flicting Church Censures, 808- 810. Sec. I.-VIIL, 808-810. Chap. XII. Of the Solemnization of Marriage, 810-822, 849, 850. Sec. I., II., 810, 811, 849. " III., 811-820. " I V.- VIII. , 820-822, 849, 850. Chap. XIII. Of the Visitation of the Sick, 823, 824, 852. Sec. I.-X., 823, 824. Chap. XIV. Of the Burial of the Dead, 824, 825, 852. Sec. I., II., 824, 825. Chap. XV. Of Fasting and Days of Thanksgiving, 825-831, 850, 851. Sec. I.-III,, 825. " IV., 825 831, 850, 851. " V.- VIII., 831. Chap. XVI. The Directory for Se- cret and Family Wobship, 831- 834, 851. Sec. I.-IV.. 831, 832. " V.. s;>-2 834 DISCIPLINE, Book of. 575 758. Discipline: Irs Nature, Ends and Subjects, .is:; 610. Discretion of Judicatories, L50, 151, 172- 175, 408, 111). 183, I- 1. 185, 189, l!>::. 496, 551, 612, 677, 678, 844. \iv\ irw of. 612, (i?:. ::;•.'. 866 INDEX. Discretion of the Boards of the Church, 494, 635. Years of, 803. Discretionary Power, Abuse of, 613, 677. Dismission, Letter of, Effect of, 351, 352, 641, 748-752. when it takes Effect, 749, 750. of Ministers, 150-154, 749, 751, 752. must Specify, 751. of Elders, 749. of Communicants, 753-756. of a Suspended Member, 754. Eeturn of, 124, 352, 748, 749. Acknowledgment of, 752, 753, 755, 756. Limitation of, 753, 755, 756. Dissents and Protests, Op, 743-747. Dissolution of Pastorate, 150, 417, 419-421, 554. of a Church, 172, 495-497. of the Assembly, 332, 543. Division on Vote, 517, E. 28. Divorce, 605 607, 811-814, 820, 851. Grounds of, 811-814, 851. Divorced, Marriage of, 812, 813, 851. Doctrinal Purity, Letter on, 306-313. Doctrine, Deliverances on, 218-232, 524, 525. Dueling and Duelists, 593. Duffield, George, 151. Dushane, Anthony, 815. E Education foe the Ministey, 353-399. Board of, 353-364. Committee of, 355, 356. Liberal, Required, 366, 367, 550. Exceptions, 368, 369, 550. Popular, Perils of, 278-280. Eldees, Euling, Of, 114-118, 478. Election of, 108, 115, 337-352, 544, 548. Electors of, 341, 342, 545. Qualifications of, 311, 337, 339, 340, 544, 545. Care in Choosing, 311. Ordination of, 108, 124, 346, 347. Installation of, 108, 346-348, 546-548. may Cease to Act, 125, 171, 349, 350, 546, 547, 748. Refusing to Act, 125. Eule only where Elected, 115, 123, 124, 337, 339, 340. and in but one Church, 115, 684. Eights and Duties, 115-117, 124, 131, 139, 140, 170, 462, 547. Terms of Service, 342-345, 546-548, 855. without Charge, 115, 348, 349, 547. Jurisdiction over, 118, 617, 639. Eldership a Perpetual Office, 112, 348. and Necessary, 115. Electing and Oedaining Eldees and Deacons, Of, 337-352, 544-548, 854. Pastor Presides, 854. Election and Oedination of Pastoes, etc., 403-415, 551-553. who calls the Meeting, 403, 404. who Presides, 126, 127, 404, 409, 551, 854. who are Electors, 404, 405, 552, 855, 856. Majority Necessary, 404, 552. Election, Decree of, 219, 227, 229. Elective Affinity, 135, 231. Electors of Elders and Deacons, 341, 342, 545. of Pastors, 404, 405, 552, 855, 856. Entertainment Fund, 573. Error in Decisions, 652, 710, 711, 717, 726. Correction of, 652. in Eecords, 193-199, 657-659, 661-663. how Corrected, 655, 656. Specifications of, 720, 727, 736. Evans, David, 146, 352. Evangelists, 231, 412-415, 551, 553. Power of, 173, 492, 553. Evidence, Of, 644-651. See Testimony. Defined, 645. under Oath, 645, 646. in Trials, 626, 627, 631, 644, 646. Filing of, 627. New, 626, 648-651. Eecords as, 646. the Best, Eequired, 712. taken by Commission, 646, 647. of Notice of Complaint, 686-688. of Notice of Appeal, 700-702. Evil Eeports, Spreading of, 611, 612. Examination for Communion, 129, J.30, 485, 803, 806, 847, 848. of Candidates, 310, 361-366, 397, 398, 549. of Ministers, 150-153, 493. Exceptions to Proceedings, 629. Exceptions to Eecords of Synod — viz. : Albany, 157, 180, 193, 197, 198, 662, 745. Arkansas, 189, 198. Atlantic. 512. Baltimore, 511, 659. Buffalo, 119, 193. Cincinnati, 192, 193, 195, 198, 508, 514, 656, 657, 658, 659, 662, 663. Columbia, the, 510, 513, 659, 854. Columbus, 131, 194, 197, 657. Erie, 511. Genessee, 128, 140, 192, 709. Geneva, 140, 161, 193, 633, 657, 659. Georgia, 627. Harrisburg, 510, 660. Illinois, 191, 195, 198, 199, 627, 658. Illinois Central, 510, 658. Illinois, North, 665. Indiana, 179, 181, 660, 665. Kentucky, 193, 198, 657, 661, 664, 672. Michigan, 181, 660. Minnesota, 193, 514, 657. Mississippi, 179, 199, 462, 658. Missouri, 513, 658, 659, 661. Nebraska, 511. New York, 199, 692. North Carolina, 189, 191, 193, 657. Northern Indiana, 160, 196, 637. Ohio, 123, 194, 662. Onondaga, 195, 665. Pacific, the, 510, 629, 661. Pennsvlvania, 193, 198, 657. Peoria, 189, 198, 199, 657. Philadelphia, 145, 194, 199, 658, 659. Pittsburg, 131, 193, 194, 195, 337, 658, 660, 735. Sandusky, 194, 670, 671, 746. Tennessee, 138, 193, 198, 657. Texas, 514. Utica, 700. Virginia, 198, 740. INDEX. 867 Exceptions to Records of Synods : Wabash, 197, 198. Western Eeserve, 115. West Tennessee, 189, 656. Wheeling, 665. Wisconsin, 195-198, 655. Exceptions must be Eecorded, 664, 665. Exclusion from Communion, 120, 593, 633, 636, 640, 808. Pending Process. 631, 632. from the Judicatory, 632, 639. of Witnesses, 645. Excommunication, of, 128, 618, 633-636, 808-810. may not be without Trial, 640, 642. Form of, 809. Absolution from, 810. Distinct from Deposition,. 633. Exegesis, Latin, 398. Expulsion of Commissioner, 277, 278. Expounding the Scriptures, 775, 786. Extinct Church, 752. Presbytery, 151, 152, 752. F Faith, Eelation of, to Eegeneration, 223. Agency of the Spirit in, 228, 230. Family Instruction, 768-771, 773, 800, 802, 834. Training, 772, 773, 847. Worship, 831-834. Farris, Eobert P., 678. Fasting and Thanksgiving, Days of, 825-831, 850, 851. before Communion, 799. and Prayer, 596. Ferguson, Wm. M., 277, 278. Filing of Objections, 625, 626. Eeasons for Appeal, etc., 627. Finance, Committee on, 216. Finley, Eobert S., 630, 709, 726. Fishback, George, 692, 700. Fisher, James P., 687. Foreign Missions, 430-433, 557, 558. Ministers, 155-159, 493. Form of Government, Committee to Eevise, 575-578. FOEM OF GOVEENMENT, THE, 43-574. Chap. I. Preliminary Principles, 43-106. Sec. I.-VIIL, 43-106. Chap. II. Of the Church, 107-111, 475, 476. Sec. I.-IV., 107-111, 475, 476. Chap. III. Of the Officers of the Church, 112. Sec. I., II., 112. Chap. IV. Of Bishops or Pastors, 112-114, 476-478, 853. Chap. V. Of Euling Elders, 114- 118, 478. Chap. VI. Of Deacons, 118, 119, 478, 479. Chap. VII. Of Ordinances in a Particular Church, 120, 479. Chap. VIII. Of Church Govern- ment and Judicatories, 120-123, 479, 480. Sec. I., II., 120-123, 479, 480. Chap. IX. Of the Church Session, 123-133, 480-48S. Sec. I., 123, 121. Sec. II., 124, 125, 480, 481. " III., IV., 125-127, 482. " V., VI., 127-132, 482-486. " VII., VIII., 132, 133, 486. " IX., 133, 486-488. Chap. X. Of the Presbytery, 134- 180, 489-502. Sec. I., II., 134-138, 489, 490. " III., 138, 490, 491. " IV., 138, 139, 491. " V., VI., 139. " VII., 139-144, 491. " VIII., 144-177, 491-501. " IX., 177, 178, 501. " X. 178, 179, 501, 502. " XL, 179. " XII., 180, 854. Chap. XL Of the Synod, 181-199, 502-514. Sec. L, 181-188, 502-508. " II., 188-191, 508, 509. " III., IV., 191, 192, 509, 510. " V., 193, 194. " VI., 194-199, 510-514. Chap. XII. Of the General Assem- bly, 200-336, 514-544. Sec. I., 200, 211, 514-520. " II., 211-217, 514-520. " III., IV., 217, 218, 521. " V., 218-325, 521-542. " VI., 325-330, 542, 543, 854. " VII., 330-332. " VIII. , 332, 543, 544. Chap. XIII. Of Electing and Or- daining Elders and Deacons, 337-352, 544-548, 855. Sec. I., IL, 337-345. 544-546, 854. " III., IV., 346, 546. " V., 346-348. " VI., 348, 349. " VII., 349-352, 546. " VIII., 546-548, 855. Chap. XIV. Of Licensing Candi- dates to Preach the Gospel, 352-402, 549, 551. Sec. L, 352-364, 549. " IL, 364-366, 549, 550. " III., 366-397, 550, 551. " IV., 397. " V.. VI., 398, 399. " VII. -X., 399, 400. " XL, 401, 402, 551. Chap. XV. Of Election and Or- dination of Pastors, 403-415, 551-553. Sec. I., 403, 404. " II.-IV., 404, 405, 551, 552, 853. " V., VI., 405-409. " VII.-X., 409. 552, 553, B53 " XL, 410. " XII., 410, 411. " XIIL-XV., 411-415, 553. Chap. XVI. Of Translation from One Ch lrgi to Another, H6 lie. 553. Sec. L.,416, 453. " II.. ill., in;. 117. 853. " IV. VII., H8, 119. Chap. XVII. Of Resigning v Pas toral Charge, in'. 121,553,554. Chap. XVIII. Of Missions, i •_••_> 159, 551-570. 856. 868 INDEX. Chap. XIX. Of Modeeatoes, 459- 461, 571. Chap. XX. Or Cleeks, 461, 571. Chap. XXI. Of Vacant Congbega- tions, 461, 462, 571. Chap. XXII. Of Commissionees to the Geneeal Assembly, 462-474, 572-574. Sec. I., 462-468, 571, 572, 856. " II., 468-470. " III., 470-474, 572-574. Forms, Book of, 843. Forms of Ordination of Elders, etc., 346. of Licensure, 399, 400. of Call, 405, 406. of Ordination of Ministers, 410, 411. of Installation, 411, 412, 418. of the Oath or Affirmation, 645. of Baptism, 795, 796. of the Lord's Supper, 797-799. of Suspension, 808. of Excommunication, 809. of Restoration, 810. of Marriage, 821, 822. France, Free Church of, 536. Fraud, Effect of, 128. Frazer, Alexander, 641. Free Agency, 309. Freedmen, Committee on, 451. 452. Board of, 564. Funerals, 824, 825. Gambling, 301, 592. Gaston, James, 819. Geneeal Assembly, Of the, 200-336, 514-544. Formation of, 200. Time of Meeting of, 514. Place of Meeting of, 543. Organization of, 200, 203, 330, 514. Eules of Order of, 204-208, 515-519. Standing Orders of, 514, 515. Officers of, 208-211, 331, 519. Committees of, 213-216, 519, 520. Quorum of, 217. Powers of, 217-329, 521-542. See Pow- ers. Dissolution of, 332, 543. Trustees of, 333, 334. Testimonies of, 227-232, 524-531, 585- 609. Adjourned Meetings of, 91, 94, 330-332. General Assembly (Southern), 536-541. Geneeal Review and Conteol, 654-667. Geneeal Eules foe the Teial of a Ministee, etc., 634-639. General Eules for Judicatories, 205-208, 515-519. Gillespie, George, 145. Glebe and Parsonage, 406-408. Glenn, Robert, 151. Gloucester, John, 369. Good Standing, 153, 636, 690, 719. Certificate of, 641, 721, 754, 755. Gordon, Alexander, 641. Gordon, John, 718. Gospel Plan, Davis, 222, 223. Gould, Samuel M., 677, 687. Graham, William, 192, 659. Green, Ashbel, 115, 684. Griffith, John, 368. Guild, Wm. B., 193, 350, 630, 715. Guy, Alexander, 679. H Hamilton, Duncan, 705. Hamilton, James W., 670. Hanna, Abigail, 627. Harmon, Fisk, 687. Harker, Samuel, 218. Harris, Anna B., 704. Haste, Undue, 694, 722, 730. Hawes, Newton, 702. Heathen as a Witness, 644. Heidelberg Catechism, 56. Hendrick, James P., 683. Heresy and Schism, 637, 666. Charges of, 218-230, 524-526. Confession of, 128, 640, 642. Hermon Church Case, 496. Higher Criticism, 526. Hill, Maria, 619. Hindman, Francis, 144, 648, 698. Hobbs, Benedict, 716. Holy Spirit, 224, 228, 230, 319. Home Missions, 422-430, 555, 556. Honorably Eetired Ministers, 478. Horse-Eacing, 301, 592. Hotchkiss, G. A., 641. Houston, Samuel, 702. Howe, S. Storrs, 699. Hummer, Michael, 696. Husband and Wife, Testimony of, 644, 645. Hymnal, 779-782, 842, 843. Hymns, Singing of, 775-782, 842, 843. for Social Meetings, etc., 843. Hynes, Thos. W., 683. IGNOEANCE OF EULES, 705, 706. Immoralities, Letter on, 300-302. Impenitent, how Dealt with, 120. Imposition of Hands, 116, 117, 346, 412, 673, 697. Impostor, Ministrations of, 788. Imputation of Sin, 220, 228, 229. of Eighteousness, 221, 228, 229. Incestuous Marriages, 814-820. Independent Presbyterians, 147. Individual Prosecutor, 610-612. India, Presbyterian Alliance of, 479, 480. Indians, Missions to, 557. Infancy, Age of, 787, 794, 803. Infanticide. 605. Infants, Baptism of, 610, 787-796, 845. Salvation of, 221, 229. Infirmity, how Dealt with, 637. Informality, Effect of, 142, 339, 681, 683. Waiver of, 620, 717. Installation of Deacons, 346, 546. of Elders, 108, 346-348, 546-548. of Pastors, 149, 411, 412, 417-419. Insisted on, 853, 854. Instruction, of Youth, 768-773, 802, 833, 845. in Judicial Cases, 226, 629, 648, 685, 689, 727-736, 739, 741, 857. Insubordination Censured, 661, 662. Intemperance, 595-605. Interlocutory Meetings, 208, 518, E. 39. Minutes of, 627. Interested Parties, 613, 664, 691, 709, 710. " In Thesi » Deliverances, 217, 218, 521. INDEX. 869 " In Transitu," 750, 751. Introduction, 3-7. Invalid Acts, 143, 144, 788-792. Legalized, 143, 144, 491. Investigation Demanded, 612, 613, 677. must be Speedy, 631, 639. Irregular Proceedings, 548, 620, 659, 662, • 663, 665, 721, 723, 728-730. how Eemedied, 665, 666. Irregularity, Technical, 141, 619, 649. does not JSJecessarilv Invalidate, 142, 338, 339, 547, 649, 695, 754. Effect of, 659, 665, 715, 718, 720-727. Irvine, D. W., 680. James, W. H., 682. Judgment, Entering of, 626, 627. in Absence of the Accused, 619, 621- 625. on Confession, 636, 640. in Appeals, 710-738. Judicatories, the Several Kinds of. 120-123, 479, 480. Neglect of Dutv bv, 666. Citation of, 666, 667. Minutes of, 206, 516, E. 12. Private Sessions of, 208, 518, E. 38. Interlocutory Sessions of, 208, 518, E 39. Judicial Sessions of, 208, 518, E. 40. Closing Services of, 208, 519, E. 44. Judicial Commissions, 509, 521, 575, 758. Judicial Authority only in Judicatories, 479, 480. Judicial Committee, 208, 214, 518, E. 41. Cases, Trial of, 610, 688, 712-716, 758. Eeview of, 511, 654, 664. Process, what Subject to, 609. Decision, 716-736. Decisions, how Eeversed, 652, 665, 672- 736. Power, Nature of, 121-123, 479. Judicial Trials, Procedure in, 625-633. Junkin, George, 628. Jurisdiction in Cases of Dismission, 747-752. Jurisdiction, Original, 127, 144, 191, 617, 634, 689. Appellate, 128, 191, 509, 521, 689. of the Session, 127, 128, 192, 747, 748, 753-756. of the Presbvterv (see Powers), 118, 144, 152, 617, 747, 749-751, 752, 756. of the Synod, 150, 152, 175, 191, 192, 509, 653, 747, 752, 857, 858. of tbe Assembly. See Powers of. over Absent and Unknown, 747, 748, 756, 757. over Non-Eesidents, 634-636. over a Suspended Member, 128, 748. over a Dismissed Member, 748, 750. over the Pastoral Eelation, 858. over Deposed Ministers, 159, 637, 749, 750. over Suspended Ministers, 160, 751. over Dismissed Ministers, 749-751. over Licentiates, 144, 152, 156, 402, 635. Eenunciations of, 169, 643. Justification by Faitb, 221, 309. Kent, Judge, Opinion of, 330, 331. Kern, Christian, 732. Kingdom of Christ, 107. Kirkpatrick, J., 629. Knox, Franklin, 727, 728. Laing, Eobert, 165, 167. Latham, John, 818. Latin Exegesis, 398. Lay, Preaching, 352, 353. Ordination, 147. Laying on, of Hands, 116, 117, 346, 412, 673, 697. the Table, 206, 516, 517, E. 18, 21. Law Case, 251-262. Leave of Absence, 207, 215, 518, E. 37. Leave to Withdraw, 678-683, 685-687, 693, 697, 703, 741. Letters, the Pastoral, 280-325, 528-530. to President Washington, 288. from President Washington, 289. to President Lincoln, 238, 239. to David Eice, 367, 368. Letters of Dismission (see Dismission . 748-752. must be Unqualified, 154. must be Specific, 751. Effect of, 351, 352, 749. Lecture as Part of Trial, 398. License, Form of, 400. Eecall of, 401, 551. Licensing Candidates, 352-402, 549- 551. See Candidates. Licensure, by other Bodies, 365. Preaching without, 352, 353. of Women Forbidden, 353. in Exceptional Cases, 368, 550. Certificate of, 400. Licentiates are Laymen, 401, 402. Powers of the Session over, 401, 402. Power of the Presbytery over. 114, 152, 156, 401, 402, 492, 549-551. Limitation of Time, Of, 753-757. of Letters of Dismission, 753, 755. 756. of Certifying Standing. 755. of Process for Offence. 757. for Entering a Complaint, 686- for Entering an Appeal. 699-703. for a New Trial, 717, 721. for Exercising the Veto, 397. of a License. 401, 551. Litigious Spirit. 613. Liturgical Forms, 784. Lively, W. M.. 703. Lockwood, L. E., 650, 717. Lost Creek Congregation, 407. 498. Lord's Day (see Sabbath), 759 773, 841. Lord's Supper, Administration of. 706 -nii), 846. where Administered, 796, 707. by whom. 797-799. to whom, 798, 803 B07, B46. Lotteries. 301, 592, 593. Louisvilk- Chnich Case, 247-262. Lowry, Samuel, 12::, 652, 701, 712. 717 M McCalla, Win., 130, 614, 684 870 INDEX. McClean, John, 144. McCoy, John, 145. McClure, David, 684. McCune, Wm. C, 690. McDowell, Wm. S., 192, 633. McElwee, Wm., 620. Mclver, Colin, 673, 687. McKelvey, Alexander, 694, 695. McKinney, D., 742. McLane, W. W., 741. McPheeters, S. B., 174. McQueen, Archibald, 638, 673. Mack, John, 615. Magistrate, Civil, 121, 276. Mails, Sunday, 759-761. Martin, J. W., 679, 680. Marriage, Solemnization of, 810-822, 849, 850. by whom, 402, 810. " in the Lord" Defined, 810, 811. who may Contract, 811-819, 850. of Eelations by Blood, 814-819. of Eelations by Affinity, 814-820. Unlawful, 811, 813-820, 850. Clandestine, 820. Caution in Solemnizing, 849. Formula of, 821, 822. Begister of, 133, 486, 822. Members of a Judicatory, 517, 518. not Voting, 517, B. 25. Conduct of, 518, B. 31-35. Order in Speaking, 518, B. 29, 30. Aggrieved, 518, E. 36. Members of the Church, 107, 108, 610, 800. Admission of, 107, 129, 130, 756, 757, 800, 803-807, 846-848. Absent and Unknown, 756, 757. Dismission of, 130, 753-756. Suspension of, 128, 482, 632, 633, 640, 737, 808. Excommunication of, 633-636, 640, 642. who Withdraw, 494, 643. Memorial Fund, 98-106. Memorials to be Lodged with the Clerk, 516, E. It. Memorialize, Bight to, 522-524. Mercer, Boyd, 164. Metcalf, A. D., 692. Mileage, Committee on, 215, 216, 572. Miller, Alexander, 632. Miller, John, 524, 525. Mills, Benjamin, 136. Minister, Translation of a, 416-419, 553. Ministers, Ordination of, etc., 403-415, 551-553. Installation of, 149, 411, 412, 417-419, 493, 853, 854. Beception of, 147, 148, 152, 756. Examination of, 150-153, 493. Foreign, how Bcceived, 155-159, 493. from other Bodies, 493. Serving other Churches, 494, 495. without Charge, 136, 137, 162-164, 339, 340, 498, 490. who Withdraw, 160-164, 169, 494, 643. how Restored, 160, 749. Discipline of, 634-639. Suspension of, 160, 494, 636, 637, 643, 751. Deposition of, 492, 636, 639, 643. Excommunication of, 636, 639, 643, 809. Ministers, Restoration of, 159, 160, 637-639, 696, 725, 810. Non-Besident, 135, 489, 490. 500, 634. Ministerial Belief Fund, 448-451, 459, 561- 563. Ministry, Demission of, 162, 165-169, 492, 639, 643. Education for, 353-399, 551. Support of, 406-409. Minors, Eight of, to Vote, 342. Marriage of, 820. Minutes of Judicatories, must be Eead, 198, 206, 514, 516, B. 12. how Attested, 198, 511, 513. of Interloquiturs, 627. may be in Print, 512, 513. Missions, Of, 422-459, 554-570. Mission Charges, 565, 566. Mode of Inflicting Censures, 808-810. Moderators, Of, 459-461, 571. Authority and Duties of, 132, 142, 178, 179, 203, 208, 459, 460, 515-519, 571, 617, 631, 646, 686, 699. of Church Sessions, 125-127, 132, 404, 476, 481, 482. of Presbyteries. 178, 460. of Synod, 190, 461. of the Assemblv, 201, 203, 461. Vote of, 204, 205, 460, 516. how Chosen, 202. how Installed, 203. Eules Eelating to, 203, 515-519, E. 1-8, 26, 30, 34-37, 40, 44. Vice-Moderator, 571, 576. Monfort, J. G., 740. Montgomery, Joseph, 165. Monthly Concert of Prayer, 850, 851. Moral Questions, 585-609. Societies, 603. Mormon ism and Polygamy, 607-609. Motions, Eules as to, 206, 207, 516, 517, E. 14-22. what Debatable, 206, 516, 517. what not Debatable, 206, 516, E. 18, 517, E. 21-24, 26. Withdrawal of, 516, B. 15. Music, Church, 779-782. Control of, 482, 782, 843. N Names of Absentees Becorded, 194, 198, 199, 513, 657, 658. Narrative of the State of Beligion, 199, 214, 487, 488. must be Becorded, 177, 199, 658. Nevin, Alfred, 344, 703. New Castle, Presbytery of, 267. New Evidence, 626, 648-651. New Trial, Cases of, 648, 715, 717, 721, 722, 727-732, 735. after the Lapsxj of Time, 717, 721. Time within which, 668, 669, 707. New Sentence, 723. New Version, the, 524. Niccolls, S. J., 679. Normal Class Instruction, 560. Notes on Constitution, 52-54. Notice of Complaint, 513, 686-688. of Appeal, 699-702. Evidence of, Bequired, 686, 687, 700. Failure to Beceive, 705, 706. of Intent to Dissolve, 496. INDEX. 871 Oath, Judicial, 645, 646. Testimony Under, 646. Obedience of Christ, 222, 230. to the Moral Law, 222. Objections, Filing of, 625, 626. Offence, Defined, 585. Cases of, 585-609, 761-767, 811-820, 835- 839. when not Prosecuted, 611. in Presence of Judicatory, 640. Officers of the Churuh, 112, 476. Ordinary and Perpetual, 112. Qualifications of, 44, 307, 337, 352. Officers of the Assembly, 208-211, 519. Opera and Theatre, 588-591. Order, Points of, 205, 515, E. 6, 516, E. 18. Call to, 206, 518, E. 34. Ordinances in a Particular Church, 120, 479. Administration of, 117, 119, 479, 800- 807. Admission to, 800-807. Ordination of Elders and Deacons, 337-352, 544-548. Ordination of Bishops, etc., 403-415, 551-553. Trials for, 410. Questions Proposed, 410-412. Mode of, 412. the Act of Presbytery, 145, 146, 553. by Commission, 145, 146. Ordination sine titulo, 146, 165, 413-415. Lay, Invalid, 147. Fraudulent, 148. on the Sabbath, 148, 410. by other Denominations, 146-148. Part of Elders in, 116, 117. Import of, 167. Organization of Churches, 107, 173, 553. Original Jurisdiction, 127, 144, 191, 192, 617, 689. of Session, 127, 617. of Presbytery, 127, 617, 634. in Case of Neglect, 617. Original Parties, 612, 692, 693. in Individual Prosecution, 715. must be Heard, 710, 711, 715. Original Sin, 221, 227-229, 309, 525. Overtures, Committee of, 213, 516, E. 11, 519, 520. from whom Eeceived, 520, 522-524. how Disposed of, 520. Overtures on Constitutional Eules, 325-330, 542, 543, 578-581. Answers to, 329, 330, 542, 578, 579. Canvass of, 512, 543, 578, 581, 855. Declared Adopted, 543, 579, 581, 582, 855. Papers Eeceived by Clerk, 516, E. 11, 520. Pardovau, Authoritv of, 51. Parents, Duties of, 794, 802, 832-834, 845. Engagements of, 795. Parole Testimony, 645, 712. Parsonages, 406, 408. Parties in Case of Process, 610-615. Copies of Proceedings for, 631. Pastor-Elect, Status of, 477, 481, 853, 854. Pastoral Charge, Eesigning of, 419-421, 553, 554. Constituting of, 410-412, 418, 419. Pastoral Care of Baptized, 610, 800. Pastoral Letters, the, 280-325, 528-530. on Missions, 280. on the French War, 281. on the Eepeal of the Stamp Act, 282. on the Eevolutionary War, 284. on the French Eevolution, 289. on the Disturbances in Kentucky, 291. on the Sabbath, 294. on Christian Activity, 296. on Prevalent Vices, etc., 300. on Eevivals and their Abuses, 303.' on Doctrinal Purity, 306. on Eevivals, 313. on Eestoring Wastes of the War, 320. on the Observance of the Sabbath, 322. on Sabbath-schools, 528. Pastoral Eelation Urged, 113, 853. Emphasized, 477, 478, 554. Enjoined, 853, 854. Dissolved, 150, 417, 419-421, 553, 554, 639. without Installation, 149, 419. Effect of Complaint on, 689. Pastors or Bishops, Of, 112-114, 476-478 are Members of Session, 123. Necessary to a Quorum, 124, 480. Moderator of Session, 125, 481. of Meeting to Elect, 854. Pastors, Election of, 403-415, 551-553. who may Vote in, 404, 405, 552, 855, 856. a Majority Necessary, 404, 552. Pastors, Translation of, 416-419, 553. Installation of. 149, 410-412, 417-419, 853, 854. Eemoval of, 150, 174, 553. Support of, 406-409. Peck, Harlan, 629. Perkins, W., 725. Permanent Clerk, 210, 211. Committees, 448-452. Personal Attendance, 625, 702. Injurv, Prosecution of, 611, 617. Eeflections, 517, E. 28. Petition, Eight of, 522, 524. Phraseology of Overtures, 854. Pirez, Emanuel, 728. Plan of Union, 1758, 47, 50. Plan of Union, 1869, 90-93, 95, 96. Plea on Trial, 626. Pleadings on Trial, 625, 626, 715. Polity, Committee on, 214. Pol v gam v, 607-609. Poor Fund, Control of, 119. Popular Education, 278-280. Postmasters and the Sabbath. 804. Postponement, Indefinite, .">17. B. 21. of Trial, 703, 704, 710. 738, 739. Posture in Prayer, 771. Power, Church, Force of. 44, L20, 821 825. Powers of the General Assembly, 217 521-542. over Synods, L82 1—. 263, 531, 655, 695. over Presbyteries, L34, L35, 182 1-7. 263 266, 527, 531, 554, 555. over Churches, L87, 188, 266, 350 over the Pastoral Relation. 695. to Receive oilier Chinches 266, 267, 531. 872 INDEX. Powers of the General Assembly : to Advise and Instruct, 217, 247, 521. to Eeview all Proceedings, 217, 521, 654-657. Except as Limited, 651. to "Visit" Presbyteries, etc., 527. to Correspond, 267-276, 532-542. to Define the True Judicatories, 246, 247. to Pass on the Validity of Elections, 247, 251-262, 468-470, 571, 572. to Send Missions, 422-459, 554-570. in Discipline, 232-235, 651-743. in Doctrines and Morals, 218-325, 524- 528. to Propose Amendments, 325-328, 542, 575-581. to Declare Adoption of, 543, 579. to Eeject Amendments, 328. to Exclude Pending Process, 632. to Expel a Member, 277, 278. Powers of the Synod, 191-193, 509, 510. over Presbyteries, 175, 181, 191, 192, 509, 510. over Sessions, 192, 193. over the Pastoral Relation, 193, 420, 421, 699, 857, 858. over Ministers, 152, 192, 752. in Discipline, 191-193, 651-743, 752. over Home Missions, 555. Powers of the Presbytery, 144-177, 491-501. over Candidates, 144, 352, 362, 364, 365, 397-400, 491, 492, 549. over Licentiates, 144, 152, 156, 400, 402, 492, 549-551. over Unemployed Ministers, 176, 498, 499. over Vacant Churches, 176, 422, 462, 477, 478, 498, 501. to License Candidates, 144, 352-400, 491, 549-551. to Eecall a License, 401, 402, 551. to Ordain Licentiates, 144, 145-149, 410-415, 492, 551-553. to Eeceive Ministers, 147, 148, 155-159, 493. to Eefuse to Eeceive, 151, 695, 696. to Install Ministers, 112, 149, 403, 410- 412, 493. to Eefuse to Install, 149, 408, 493, 552, 694. to Eemove Ministers, 150, 174, 416, 419- 421, 553, 554. to Judge Ministers, 120, 150-153, 161- 163, 493, 494, 564, 633, 634-639. to Visit Churches, etc., 170-173, 495- 497. to Organize, Unite, etc., 107, 173, 497, 553, 555. to Eefuse to Organize, 173, 497. to Dissolve a Cburcli, 172, 495, 496, 721. to Determine Location, 497. to Order whatever, etc., 174-177, 527. to Order Discipline, 500. to Eeview Church Eecords, 170, 654- 667. to Censure, 161, 632. to Eeniove Censure, 159, 492. to Try Elders, 118. to Remove Elders, 171, 350. to Give a Letter, 501, 509, 752. to Notify of an Offence, 634, 635. to Take Testimony, 636, 647. Powers of the Presbytery : to Issue a Case, 752. Powers of the Session, 127-132, 482-486. in Eeceiving Members, 127-130, 481- 486, 753, 803-807. in Excluding Members, 127, 482, 633, 640, 643, 808, 809. in Eestoring Members, 809. 810. in Dismissing Members, 753-756. in Discipline, 120, 127-129, 482, 483, 617. over Licentiates, 401, 402. over Members Dismissed, 748, 749. or Under Censure, 128. over Absent Members, 748, 756, 757. over Collections, 119, 131, 132, 785. over Church Music, 482, 782, 843. over House- of Worship, etc., 109-111, 255, 475. over Sabbath-schools, 528-530, 560, 771- 773, 840. in the Election of Pastors, 403, 404, 654. in the Election of Elders, 337-339, 544. in Taking Testimony, 120, 127, 482, 646. in Appointing Delegates, 127, 485. in Calling Witnesses, 644, 647. Prayer, Of Public, 783-785, 843. in Session, 194, 205, 481. in Presbyterv, 179, 205, 208, 515, 519. in Synod, 193, 194, 205, 208, 513, 515. 519, 657. in the Assembly, 205, 208, 332, 515, 519, 543, 544. in Secret, 831-834. Family, 832, 833. Days of, 216, 315, 825-831. Week of, 830, 831. Preaching of the Word, 786, 787. without License, 352, 333. Preliminary Principles, 43-106. Presbyterian Alliance of India, 479, 480. Presbyterian Alliance, 532-535. House, 456-459. Church in the U. S., 273-276, 536-541. Presbytery, Of the, 134-180, 489-502. how Constituted, 134, 135, 489. Dissolution of, 263, 489. Quorum of, 139-144, 491. Bounds of, 135, 137-139, 231, 489. Members of, 134-136, 489, 490. Meetings of, 178, 179, 501, 502. Extinct, 152, 752. Powers of. See Powers. Presbyteries in Foreign Lands, 490. Previous Question, 206, 207, 517, E. 22. Price, David, 127, 584, 671. Principals and Alternates, 131, 466-468, 856. Private Sessions, 208, 518, E. 38, 626, 631. Process, Of, General Rules, 617-633. Object of, 609, 610. Process in Case of Church Officers, 634-639. Process, Cases without, 640-643. Delay in, 640. Commencement of, 610, 617, 757. Arrested by Appeal, 737. Directed by Judicatory, 499, 617. against an Elder or a Deacon, 639. Profession of Faith, 129, 130, 806, 807. Professional Counsel, 630. Pro Forma Decisions, 193, 339, 350, 615, 681, 722, 725. Prohibitory Laws, 602, 605. INDEX. 873 Proof Texts, 52, 53. Property, Questions as to, 495, 736. Pro re nata Meetings, 178, 179, 190, 502, 508. Prosecution by Injured Party, 6.11, 612, 613-615, 617. by a Judicatory, 610, 612, 617, 633, 639, 666, 667. Committee of, 518, 519, E. 42, 612. Prosecutor. "The Presbyterian Church," 612. tbe Injured Party, 611. Warning to the, 613. may Testify, 644. Protests, Of, 743-747. who may Protest, 48, 746. to be Entered on Record, 744, 745. but only by Order, 745. Eefusal to Record, 744. Cases of, 84, 116, 744, 745. Answers to, 674-677, 745, 746. Installment in Face of, 694. in Judicial Cases, 708. Protracted Meetings, 318. Psalms, Singing of, 777-782, 842. David's, 775. Watts's, 775, 776. Rouse's, 776. Dwight's, 776, 777. and Hymns, 777, 778. the Hymnal, 779-782, 842. Psalmist, Church, 778. Public Reading of the Scriptures, 774. 775. 841, 842. Publication, Board of, 92, 433-441, 558- 561. Committee of, 92, 435-437. Missionary Department, 558. Publishing Department, 559. Sabbath-school Work of, 559-561. Pulpit Declared Vacant, 419, 554, 639. Power of Presbytery over, 477, 501. Q Questions at Ordination of Elders, etc., 346. Licensure, 399, 400. Ordination of Ministers, 410-412. Installation. 410-412, 418. Questions of Order or Evidence, 515, 631. to Witnesses, 645-647. Leading, not Permitted, 645. when to be Recorded, 646. " in Thesi," 217, 218, 521. Quorum Necessary, 140, 141, 205, 515, R. 1, 2. less than, may Adjourn, 140, 189, 515, R. 3. of Session, 124, 125, 480. of Presbytery, 139-144, 205, 491. of Synod, 1S8, 189, 205. of the Assembly, 205, 217. R Ratio of Commissioners, 211, 212, 502, 521, 543. Reasons for Appeal, 699. 700, 715. for Complaint. 686-688. for Decisions, 194-196, 510, 629, 658, 660, 661, 665, 711, 716. Rebuke, Judicial, 633, 636, 737. 110 Reception of Members, 127-130, 231, 481- 486, 753, 803-807, 858. Reconsideration of a Vote, 207, 517, R. 23. " Record of the Case," 627-629, 699, 738-740. Record of Investigation, 612, 613. of Testimony, 646. Special, in Judicial Cases, 511, 758. Records of Judicatories, 132, 177, 194, 486, 510, 654. of Judicial Commissions, 511, 758. Review of, 170, 195, 196, 217, 509, 510, 521, 651, 654-667. Error in, 193-199, 657-659, 661-663. Copies of, 656, 657, 733. may be in Print, 512, 513, 657. must be Attested, 193, 511, 513. how Amended, 133, 512, 654-656. who may Vote on, 664, 726. are Public Documents, 631. Effect of Approval, 663. What the Records must show: all Proceedings, 132, 177, 194-199, 510- 514. Names of Absentees, 194, 198, 199, 513, 657, 658. all Changes in the Body, 197. Narratives and Important Papers, 177. 199, 653. Prayer, Opening and Closing, 194, 196, 513, 657. all Papers Adopted, 194, 513. Reasons for Decisions, 194, 195, 510, 629, 660, 661, 665, 711, 716. Description of Judicial Cases, 194, 195, 510, 511, 513, 658, 659. Disposal made of them, 510, 511, 658, 659. Formal Minute of Action, 510, 629. Overtures Answered, 195. Reasons of Appellant, 511, 686, 715. Changes, Specifications, etc., 627. evervthing Influencing the Judgment, 627. Minutes of Interloquitors, 627. Report of Judicial Committee, 627. Exceptions to Proceedings, 629. Acts in Cases without Process, 640. all Proceedings of the Church, 654. Dissents and Protests, if, etc., 743-747. Vote on Appeal, etc., 511. the Judgments, etc., in Appeals, 711. Exceptions to Records, (564. 665. Approval of the Minutes, 195, 198, 514. Attestation of Clerk, 511. If Required, the Record must Show: Yeas and Nays, 517. Decisions on Order or Evidence, 631. Question and Answer in Trial. 6 Id'. Records to be Sent Up, 197, 627, 654, 671. 686, 691, 699. as Evidence. 461, 646. Absence of, 688, 704-706, 710. 712, 738- 740. Recreation, Christian. 588-590. References, Of, 651, 667 672. where Proper. 162, 218, 668, 669. Effect of, 669-07 1 . Cases of, 115, 151. 157. 668, 671, 672. Abandons Jurisdiction, t>70. 671. Voluntary. 668, 670, 671. Members may Vote, 671, Reformed Churches, 270 27:'.. :>:V2-535. Alliance of, 532 535. 874 INDEX. Reformed Presbyterians, 267, 531, 720. Regeneration, 224, 225, 228, 230, 309. Register, Church, 133, 486. of Marriages, 822. Reinstatement of Case, 701. Relief Fund, 448-451, 561-563. Removals and Limitations of Time, 753-757. Reordination of Ministers, 492, 639. Repentance, Evidence Required, 620, 633, 637, 689. Representation, 131, 138, 139. Resigning a Pastoral Charge, 419-421, 553, 554. Resigning the Office of Elder, 349, 351, 546. the Office of Deacon, 546. Respondent, 690, 691. Death of, 692. Responsive Services, 785, 841, 842. Restoration to the Ministry, 160, 637-639, 696, 725. to Communion, 128, 638, 707, 725, 734, 738, 810. to Office, 116, 349, 748. Reunion of 1758, 47-50. of 1869, 57-98. Reversal of Judicial Decisions, 652, 653, 717-724, 732. not on Review of Records, 665. Reversal, Effect of, 689. Review and Control, General, 654- 667. See Records. Limit of, 664. Revision of Book of Discipline, 575-582. Revivals, Letter on, 313-320. Signs of True, 49, 302, 313-320. Rice, David, Letter to, 367, 368. Right Hand of Fellowship, 117, 346, 419. Righteousness of Christ, 221, 228-230. Roll of Judicatory, 206, 516, R. 10. when to be Called, 631. Roll of Absent Members, 640, 756, 757. Romish Baptism, 484, 789-792. Church, 484, 530, 531, 791. Rules for Judicatories, 204-208, 515-519. Ruling Elders, 114-118. See Elders. Rush, Dr. Benjamin, 595. s Sabbath, Sanctifioation of the, 759- 773, 835-839. Observance of, 322-325, 585, 835, 838. Letters on the, 294-296, 322-325. Mails, 759-761, 764. Profanation of, 585, 761-767. Discipline for, 585, 762, 765. Sessions on, 189. Ordination on, 148, 410. Marriage on, 821. Traveling on, 762, 763, 766, 836. Decoration of Soldiers' Graves, 767. Art Galleries, etc., 766. Newspapers on, 500, 838. Recreation on, 766, 836. Sanctions and Obligations of, 837, 838. Sabbath-schools, 440, 441, 559, 560, 769-773. Secretary of, 560, 561. Superintendent and Teachers, 560. Relation of Sessions to, 528-530, 560, 771-773, 840. Saharanpur, Presbytery of, 720. Scriptures, Public Reading of, 774, 775, 841, 842. Responsive Reading of, 785, 841, 842. Sealing Ordinances, Admission to, 800-807. who may Admit to, 485, 803, 805, 807. who may Administer, 117, 787-792, 796. Second to Motions, 516, R. 14. See, Isaac M., Case of, 525. Sentence on Conviction, 633, 636. on Confession, 636. how Published, 161, 634, 809. Separation, Right of, 48. Sermon Required at Assembly and Synod, 193, 330. Optional at Presbytery, 179. Subject and Methods, 786, 787. Session of the Church, Of the, 123- 133, 480-488. Quorum of, 124, 125, 480, 481. Official Acts of, 480, 481. Special, Illegal, 123, 124. Informal, Illegal, 480, 481. Moderator of, 125-127, 132, 481, 482. Prayer at Meetings of, 194, 481. Powers of. See Powers. Records of the, 132, 133, 654. Sessions, Final Closing of, Services, 519, R. 44. Severance, John, F., 747, 748. Sheldon, George, 649, 814. Shepherd, John, 733, 734. Shields, James H., 749, 813. Silent Members, 517, R. 25. Sin, Adam's, 227, 229, 525. Original, 221, 227, 229, 309, 525. Imputation of, 220, 228, 229. Singing of Psalms, 775-782. Sine titulo, Ordination, 146, 413-415. Slander, 611-615. Slavery and Slaveholding, 593-595. Slaves, Baptism of, 793. Smith, E. B., 181. Smith, E. Bailey, 693. Smith, J. Y., 338. Societies, Moral, Relation to Church, 603. Socinianism, 219, 220. Solemnization of Marriage, 810-822, 849, 850. See Marriage. Speakers, Rights and Duties of, 207, 517, 518. Special Rules, Cases before Sessions, 633, 634. Specifications, 616, 617, 625, 645. must be Entered, 627-629. Voted on Separately, 626, 716. of Error, 726, 727, 736. Speeches, how many, 516, R. 18. to the Point and Brief, 518, R. 34. Spicer, Jabez, 583. Spillman, J. H., 618. Standards of the Church, Adoption of, 45, 47, 51, 91. Mode of Adoption, 48. Include Catechisms, 55. Subscription Required, 45, 46, 54, 57, 346, 399, 546. Standing Committees, 213-216. Standing Orders, 514, 515. State of the Country, 235-245. Stated Clerk of Assembly, 208, 209, 516, 519, 520. INDEX. 875 Stated Clerk of Synods, 509, 516. of Presbyteries, 501, 516. may Correct Errors, 501. Stated Supplies, 112, 113, 138, 477, 853. Eights of, 476, 477. Statistical Eeports, 177, 197, 486, 501. Stewart, Wm., 146. Stone, Ambrose, 725. Striking from the Eoll, 128, 154, 160, 165, 273, 494, 495, 585, 629, 637, 640, 643, 683, 748, 750. Strong, John D., 629. Study, Time of, 398, 399. Substitute is an Amendment, 516, E. 20. Sufferings of Christ, 230. Sunday. See Sabbath. Support of the Ministry, 406-409. Suspended Minister, 160, 494, 632, 637. Services of, 636, 789. Standing of, 160, 636. Suspended Licentiate, 402, 635. Elder, 116, 349. Member, 128, 640. Suspension from Office, 116, 494, 632, 636, 637, 639. from Communion, 623, 633, 636, 640, 641, 699, 737. Pending Process, 631, 632, 636. for Contumacy, 620, 623, 633, 636. from the Privilege of Members, 632. not without Trial, 618, 640. Sustain in Part, Vote to, 525, 526, 641, 690, 694, 695, 718, 719, 725. Sustentation Fund, 452-455, 564, 565. Pastorates, 565. Syllabus, 11-41. Synod, Of the, 181-199, 502-514. Members of, 116, 181, 182, 502. Quorum of, 188, 189, 205, 508. Meetings of, Stated, 193, 509. Adjourned, 189, 190. Pro re nata, 190, 508. Place of Meeting, how Changed, 509. how Delegated, 508. Synods as Erected 1870, 182-187. Changes in, 187, 188. Erected since 1870, 187, 505-508. as Eeorganized in 1881, 503-506. Erected since 188L 507, 508. in Foreign Lands, 490. Synodical Missionaries, 555. Systematic Beneficence, 566. Giving, 785. Swedeuborgians, Letter from, 858. Tardiness, Eeasons for, 199. Tax, no Power to, 474. Tellers in Voting, 517, E. 28. Temperance, Permanent Committee on, 568, 569, 856. Testimonies on, 596-605. Societies, 532, 596, 603, 604. Temporary Clerks, 211, 461. 519. Terms of Communion, 44, 305, 307, 308, 599, 609, 803-806. Term Service of Elders, 342-345, 546-548, b55. of Deacons, 545, 548, 855. Testimonials of Standing, 641, 755, Testimony, 644-651. See Evidence. what Admissible, 611, 644, 646, 672. Testimony, by whom Taken, 635, 636, 645- 647, 672. Amount Eequired, 645. to be Engrossed, 132, 646. how Attested, 646, 671. New, Allegation of, 64^-651. not on Eecord, 628, 629. Improper, 694 in Case of Eeference, 672. Parole, 645, 712. Testimony of the Assembly, on the Civil War, 235-245. on Intemperance, 595-605. on Immoralities, 300-302, 485-493. on Slavery, 593-595. on Doctrinal Errors, 227-231, 524-526. on Sabbath Observance, 322-325, 585, 759-767. against Eomanism, 530, 531. on the Higher Criticism, 526. against Loose Views of Divorce, 849. Thanksgiving, Days of, 825-831, 850, 851. Thatcher, George H., 687. Theatricals, 301, 585-591. Theological Instruction, 369-375, 383-386. Seminaries — viz. : Princeton, 375-383. Auburn, 383-387. Western, 387-389. Lane, 384. 389. Union, 383, 389, 390. Danville, 390-393, 540. North-Western, 393-395. German, Newark, 395. German, Dubuque, 395. Lincoln, 395, 396. San Francisco, 396. Blackburn, 396, 397. Thompson, Samuel H., 158. Time, Limitation of, 753-757. Todd, John, 648, 705. Translation of Ministers, 416-419, 553. Treasurer of the Assembly, 209, 519. Trial of a Cause, 610-639, 710-736. what may be Tried, 585. 609, 611. the Parties in the Case, 610-612. who may Preside, 125, 126. who may not Sit and Vote, 518, 519, 631, 636, 691, 709, 710. Counsel in the Case, 630. the Charges and Specifications, 616, 617. Notice must be Given, 513, 617. 686- 688, 699-702. Evidence of Notice Eequired, 6-' 700. Eules must be Observed, 634. Testimony Omitted by Consent, 712. 714. Personal Attendance not Necessary. 625, 636, 702. in Absence of Aeeused, 619. 621-625, 630, 702, 716. Postponement of, 703, 701, 706. 710, 738, 739. Order of Proceeding, 617, » ; - 710-716. the Vote. THi. may not be on Review. 665. New, Granted, 648 650, 715, 717,721, 727-73-.', 735. Time within which, 668, 669, T<>7. 6> 876 INDEX. Trials for Licensure, 352, 353, 549. for Ordination, 410. Trustees of the Assembly, 333-336. of a Church, 108-111, 255, 475. of College of New Jersey, 373, 374. of Presbyterian House, 456-459. of Church Erection Fund, 442-448. Tune-Books, 779-782. Turbitt. John, 706. U Unacceptability of an Elder, 350. Unconstitutional Acts, 182, 189,' 192, 398, 659, 660, 666, 696, 720, 731, 732. Unemployed Ministers, 176, 339. Unfinished Business, 206, 516, R. 13. Uniformity in Mode of Election, 341. Union of Church and State, 121. Unitarian Doctrines, 219, 220. Baptism, 788. may not be Invited as Corresponding Member, 854. United Congregations, 138. Universalisin, Testimony on, 219. Universalists not Beceived, 803. Vacant Congregations, 461, 462. what are, 138, 139, 176, 419, 422, 461, 462, 554, 639. Bight to Representation, 138. how to be Supplied, 422, 498, 554. Duty of Elders and Deacons in, 462. Vance, William, 816. Van Dyke, Andrew, 814. Van Vleck, Paul, 811. Veto of the Assembly, 389, 397. Vice-Moderator, 515, 571, 576. Vice and Immorality, 300-302. Visitation of the Sick, 823, 824. of Churches, 170-173, 495-497, 527. Void, Acts that are, 141, 154, 170, 189, 192, 275, 276, 660, 696, 722, 725, 726, 734, 735. Voidable, 143. Vote, Casting, 124, 204, 205, 460, 516, R 8 in Judicial Cases, 617, 626, 631, 636, 664, 691, 709, 711, 716. in Approving Records, 664. on Reference, 671. on Complaint, 691. on Appeal, 709. Necessary to Elect Moderator, 202. to Amend Standards, 51, 327, 328. to Amend the Constitution, 325, 330. to Elect a Pastor, 552. of the Moderator, 205, 516, R. 8. of Silent Members, 207, 517, R. 25. taking the, 207, 517, R. 26. Mistake in, 207, 517, R. 26. at a Time Named, 517, R. 26. K Vote, Division on, 517, R. 2], Tellers, 517, R. 28. ^frf}^ Votes on Amendments, 578, 5tt0. Canvass of, 542, 578, 581, 582. Voters in the Election of Pastors, 404, 405, 552, 855. in the Election of Elders, 341, 342. W Wadsworth, Charles, 736, 737. Waiver of Informality, 620, 717. War, the Civil, 320-322. Way of Salvation, 669, 670. Ways of Carrying a Cause, 651-743. Week of Prayer, 830, 831, 851. Wells, Shipley, 151. Westminster Standards, 45-49, 51, 307. Willful Absence, 640-642. Desertion, 812, 813. Will, Liberty of, 230. Wilson, David M., 137. Windle, Win., 157. Wine, Communion, 483, 484, 523. Withdrawal, Irregular, 494. from the Church, 525, 643. of Parties, etc., 626, 627. of Motion, 206, 516, R. 15. of Complaint, 679-685. Effect of, 680. Witherspoon, John, D. D., 571. Witnesses, Names to be Given, 616, 617. to be Cited, 616, 617, 619. Time for Appearance, 619. to be Sworn, 645, 646. Challenge of, 644. Credibility of, 644. Competency of, 644. Examination of, 626, 645. Question and Answer in Writing, 646. Commission to Examine, 646, 647. Contumacy of, 647. New, In Rebuttal only, 626. Members of the Judicatory as, 647. Witnesses at Marriages, 821. Woman's Executive Committee, 556, 557. Women . Meetings of, 304. . Ministrations of, 353, 485, 526, 549. Work of, 526, 545, 556, 557, 605. Woodhull, William, 165, 167. Woodside, John S., 653, 720. Worrell, T. F., 652, 718, 733, 737. Worship of God by Offerings, 785. Worship, Public, 774. Worship, Family, 831-834. Worship, Secret, 831-834. Wotherspoon, Robert, 145. Yale, Charles, 700. Yeas and Navs, 207, 517, R. 26, 27. Youth, Instruction of, 768-773, 833, 834, 847. THE END. Deacidified using the Bookkeeper process. Neutralizing agent: Magnesium Oxide Treatment Date: May 2006 PreservationTechnologies A WORLD LEADER IN PAPER PRESERVATION 1 1 1 Thomson Park Drive Cranberry Township, PA 16066 (724)779-2111