OF THE,,
JOINT COMMITTEES
OF THE
TWO BRANCHES OF THE PRESBYTERIAN CHURC
IN THE UNITED STATES,
UPON LEGAL QUESTIONS TOUCHING
RE-TNION.
NEW YORK:
TROW & SMJITH BOOK MANUFACTURING CO., 46,48, 50 GREENE ST.
1868.
RlET OR T
i
I
I. 
0 
7z/yot-f t SE-}I   ( &/.3  C
7-  9-.33
IN THE MATTER OF THE RE-UNION
OF THE
PRESBYTERIAN GENERAL ASSEMBLIES.
REPORT.
WE, members of the Committee appointed under the joint
resolution of the General Assemblies of the Presbyterian Church,
which met respectively in the year 1867, at the City of Cilncinnati, in the State of Ohio, and at Rochester, in the State
of New York, "to investigate all questions of property, and
vested rights as they may stand related to the matter of reunion," beg leave to submit the following report
WVe have had submitted to us under the terms of this resolution, certain documents, of which an abstract is found in an
appendix to this report.
It is understood that the opinions herein expressed are
based upon these papers.
They admit of a classification into these classes
I. The instrumentalities by which the General Assembly holds
and controls property. And herein
(1.) The Trustees of the Presbyterian House.
(2.) The Trustees of the Church Erection Fund.
(3.) The Board of Education (N. S.)
(4.) The Presbyterian Committee of Home Missions. 
4
(5.) The Permanent Committee on Foreign?
(6.) The Board of Education (O. S.)
II. Conveyances, devises; or gifts to, and grants tc
one or more of these bodies.
III. Charters of Churches.
IV. Devises and bequests not included in the second
1.
The first five of these instrumentalities, or corpo
connected with the " New School" General Assembly
Trustees of the Presbyterian House, The Trustees of
*:%ection Fund, The Board of Education, The Presbyt
":;.ttee of Home Missions, The Permanent Committee
* missions.  One of them became a corporation under
Pennsylvania, and the other four under the ]e,islat
York.  Their acts of incorporation bear a close res language, and constitute one scheme or design. The
which all are based is that the property interests of 
Assembly, instead of being vested directly in that body
trust by corporations, for it. The trustees of these corp
elected by the General Assembly, or in such manne
appoint; they are liable to displacement at its will;
age their funds under its control or direction. The
property given to the Assembly for the purposes e
the act of incorporation vests in the particular corpora
the function to perform which the donation or beq
tended to aid.
In other words, each corporation is, as it were, t
cry whereby the General Assembly carries forward ti
terests of Church Erection, Education, Home Missio
Missions, etc., etc. They are but little more than
of the Assembly, having impressed upon them the
succession, and the power to take, hold, and dispose 
5
other property. The questions which may arise are not differen
from those which would have been presented in case the Genera
Assembly were itself the corporation holding property, and th
property rights to be investigated had been acquired by its ow
act, or by gift, devise, or bequest. To be more specific:
(1.) The Trustees of t7he Presbyterian House.  This bod
originated under the report of the "Committee onil the polity (
the Church" in 1854, (Minutes of 1854, pp. 502-3) whic
recommended that, if the General Assembly should appoint
board of trustees of the Presbyterian Publication House, i
should be incorporated under the laws of Pennsylvania. Th
General Assembly appointed such a board, and the act of incoi
poration was obtained accordingly. The principal object of th
charter seems to have been to permit land to be owned by th
said Trustees for the business of the societies and churches con
nectedl with the Assembly.  The Trustees are also authorized t
hold any property in trust for the Assembly committed to then
or to the Assembly for them, by donations, bequests, or othe,
wise.  This clause was inserted on the recommendation of th
"Committee on Church Polity."  The Trustees are elected b
the Assembly, which has power to increase their number, whil
their management of the funds committed to their care is suk
jest to the direction of the Assembly.  Pamphlet Lawsof Pennr
sylvania, April 21, 1855.
(2.) Thle'rustees of the Church Erection itnd.  It was
part of the plan of the  "Committee on the Polity of th
Church" of 1854, that a body chosen by the Assembly as th
" Trustees of the Church Erection Fund" should be incorpc
rated under the laws of New York. An act was obtaine,
accordingly.  New York Session Laws, March 31, 1855.  Th
Trustees having been designated for that purpose, in Ma)
1854, were constituted a body corporate and politic, for the put
pose of aiding " feeble congregations, in connection with the sai.
General Assembly, in erecting'houses of worship," under certai
conditions. The Trustees are to remain in office, and to I
displaced at the will of the Assembly, and others to be appoint
ed in their places. It is further provided that the "Churc 
-6
Erection Fund" is to be held and administered in
with the plan of the General Assembly.
(3.) The Board of Education. In 1856 the
established "a  Permanent Committee on Educati
Ministry," whose members were to be reelected fro
time by the Assembly.
In 1858 an Act of incorporation was obtained
Legislature of New York, constituting this committec,
ration to superintend the whole cause of Education,
sembly might from time to time direct. It was also 
to take and to manage the property which might b,
devised to it, or to the General Assembly for educat
poses, and its members are subject to displacement an
ment at the pleasure of the Assembly.  Session Law
April 17.
(4.) The next of these corporations is The Pr
Committee of Home Mi8ssions.
This was incorporated by the Legislature of Nev
1862. It was constituted a body politic to assist in -
the preaching of the Gospel in feeble churches and congr(
connection with the Presbyterian Church in the Unit
and generally to superintend the whole cause of Homn.
in behalf of the said Church, as the General Assembly
time to time direct.  It was also to receive and mrproperty which might be entrusted to the Church or
mittee for Home Missionary purposes.
The Trustees hold under the same control of the
as has already been alluded to in the cases before desc   (5.) Thle Permanent Committee on Foreign i88ssi,
The last of these corporations connected with
School General Assembly, was chartered by the Legi;
New York. Session Laws of New York, Ch. 493, 18;
Persons designated by the General Assembly wert
body corporate to superintend the whole cause of Fosions in language nearly identical with that employed
ter 340 of the Laws of 1862, concerning Home Missio
(6.) Board of Education. (0. S.) The single 
7
which our attention has been called, connected with that brandc
of the Church usually styled the " Old School," is the Boar,
of Education, chartered in 1841 in Pennsylvania, with a,
amendment in 1852. There had been a Board of Education
not incorporated. The want of incorporation being attende(
with practical inconvenience, trustees of the Board of Educatioi
were incorporated, numbering nine.  They are elected by "th,.
Board of Education in such a manner that one third go out of
office every year. Their management of the trust funds is subject to the direction of the Board of Education. By th(
amendment to the charter, the trustees are entitled to receive
and hold property devised, bequeathed or given to them "foi
the purpose of aiding schools, academies and colleges, or thc
cause of education generally."
Under this last broad power, we have not been informed
whether any such devises, gifts or bequests have been made.
This Corporation, for like reasons as those which have been
already stated, is simply the instrument of the General Assembly, and the considerations governing its rights to hold property
are the same as those which would be presented if the property
were held by the General Assembly itself
For the sake of simplicity, assuming that the funds in
question are held directly by each General Assembly, there are
two classes of questions which present themselves for solution:
One is, what is the effect of the proposed re-union on such
property as the General Assembly holds simply as proprietor;
second, what is the effect of such re-union in the case of specific
trusts, such as would be likely to be found in devises, bequests,
and voluntary conveyances.
The investigation of these two questions will arise also in
connection with the other documents presented to us, such as
the Charters of Churches, and devises and bequests to the Gen
eral Assembly.
We will therefore defer their consideration until the other
papers submitted to us have been described in general terms,
when these points will be examined. 
8
II.
We now proceed to the mention of the transactio
into by these corporations. All which have been sul
us are on the part of the " Presbyterian House."   T]
actions are of two classes.
The first class consist of conveyances regulating an
the mode in which the property of the General Assemi
and declaring the trusts upon which the conveyance
to the Trustees. Of this there is a single example.'1
class of conveyances are voluntary, apparently either
individuals or from a number of persons combining
tributions. They are all conveyances upon specific
the use of a congregation or congregations mnaintaining
siastical connection with the New School General Asse
when that connection ceases, the trust either ceases r
or is transferred to some other congregation having thb
astical connection.
The instance of the first class referred to is a decl:
trust made by " the Trustees of the Presbyterian 1
certain lots of land in the city of Philadelphia. I
that the General Assembly had declared that its will
the property in question should be held by the "T
the Presbyterian House" in trust, to permit and suffer
byterian Publication Committee to use and occupy
subject to the General Assembly, and that the Trust.
execute a declaration of trust. This was done accord,
This property was conveyed to the Trustees of th
terian House by Samuel Smyth, February 2, 1855.
is no evidence before us of any specific trust in the c
from him, it is supposed to have been acquired for.
consideration for the use of the New School branch of
byterian Church.'
The next conveyance which belongs to the secon,
cases is an instrument executed by Samuel Work an"the Trustees of the Presbyterian House" for a nor' 
9
sideration.  The trust declared in the deed is, that the propert
shall be held for the use of a particular congregation, which ainamed as tenants at will so long as they remain in connectio
with the so-called New School General Assembly, and whe
they cease to be so connected, then in trust for some other Pree
byterian church and congregation as tenants at will which t.
Trustees shall approve, and which shall be in connection with
Presbytery in union with the General Assembly.
The next conveyance of the same class to "the Truste
of the Presbyterian House" is from M. W. Baldwin and wii
for a nominal consideration. The property conveyed is to I
held in trust for a particular church (the Tabor Presbyterio
Church) "so long as it shall continue in connection with thr
branch of the Presbyterian Church (called the New School) an.
no longer."
The next conveyance is made by A. Whilldin and othe
to the Trustees of the Presbyterian House. The funds wit
which this property was acquired were contributed by Whilldi
and others. The conveyance is in trust for a church and coi
gregation in ecclesiastical connection with and under the care c.
the New School General Assembly, to permit such congregatic
to hold as tenants at will, while their ecclesiastical connectic
continues undisturbed, and on their becoming incorporated upc
certain conditions, to convey the property to them.
The only additional conveyance to the Trustees of the Prc:
byterian House is one made on behalf of the widow, childr(
and residuary legatees of Matthias W. Baldwin to carry in;
effect the design of Mr. Baldwin, which had been frustrated'I
his death. The Trustees are to permit a particular congregatic
to occupy the property as tenants at will for the purposes of r
ligious worship, so long as they shall remain in connection wi!
and under the care of the New School General Assembly ar
no longer.  The last four conveyances create what for the sad
of convenience and reference'may be termed "specific trusts
as distinguished from the case where no particular designati(
of the uses to which the property is to be devoted is made. 
10
III.
Charters of Churches:-These charters are of t
One includes those which were created before the sep
the two branches of the Presbyterian Church, and in
course no reference is made of adhesion to any particul.
the other class, chartered since the disruption, specificthe General Assembly to which the particular church
The first class is illustrated by a single case submi
that of the First Presbyterian Church in the District
wark and County of Philadelphia.
This organization was effected in 1820. The co.
associated "for religious purposes," and held proper
support of a pastor or pastors, and other officers, and -
and charitable purposes, as shall by the said society
lished.  It is only by its name that we can be made c.
this is a Presbyterian Church.
We suppose that this instance involves the quest,
status of all the Churches connected with either Genebly where there is no specizfc description of adhesi(
particular branch of the church.
The second class of charters contain in substance th
"The faith and government of the said church shall c
the faith and government of the Presbyterian Chu.
United States of America; and the said church sha
nected with and deemed to be under the care of tha
Assembly which met last," &c., meaning the so-cal
School General Assembly'. There is a further provi
there shall be no "alteration, change or amendment w
in this provision.
Three such charters have been submitted which
each other so closely that it will be unnecessary to consseparately. They are described in the Appendix. 
11
IV.
Devises.-The will of Mary Cornell is submitted.  The tea
tatrix provides that the proceeds of her residuary estate shall b.
devoted to the purchase of land to be forever held and used b;
a church and congregation "which shall be in connection witl
that portion of the Presbyterian Church now designated in corn
mon parlance as the New School." In case that connectio-rceases, the testatrix directs a forfeiture of the interest previously
devised, and directs that the title shall vest in "The Trustee.
of the Presbyterian Church," &c., who are authorized in thai
case, to take all necessary measures to recover the land in trus'
for a congregation connected with that portion of the Presbyte
rian Church.
By reason of these various documents, questions are raised
as to the relation of the Churches to each General Assembly;
both where there is no specific provision as to adhesion to any
particular branch of the church, as well as where such a provi
sion is made.
It will be noticed that the documents recited present thosc
forms of ownership:
First.-Property owned by corporations which are instrumentsof the General Assemblies as organs of the church.
Second.-Property owned by those corporations with a specific trust in favor of one branch of the church exclusively.
Third.-Funds held by particular churches under  their
charters, which churches are in fact attached exclusively to one
or the other General Assembly, with6ut any express charter
direction.
Fourth.-Funds held by particular churches whose charters
require specific adhesion to a particular branch.
Fifth.-Devises or conveyances to particular churches, with
specific provisions by the devisbr or grantor, as to that branch
of the church general to which the particular church shall belong.
For the general purposes of this report, we may condense
these questions into two. 
12
First.-What is the effect of re-union upon  prc
either by the General Assembly through its corporate
or by a particular church where no specific direction
exist.
Second.-What is the effect of the proposed re-iu
specific directions are given as to the particular bra,
church to whose use the funds are to be applied.
When these questions are disposed of our duty is i
The only objection which can apparently be raised
first inquiry is, that the funds in question are held
so-called "law of charitable trusts," and that the pro
union is a departure from the trust which a court of c
not sanction.
Before dealing directly with this question, there
preliminary suggestions which may be made.
These bodies were once united; they were disruppropose to re-unite. They are one in faith and form o
ment.  We cannot be expected to examine this questi
supposition that there are any fundamental differences
the two bodies either in doctrine or church governm
such facts are submitted to us.  We have but the sire
tion, Is there any legal obstacle to the re-union of two
the same confession of faith and under the same form c
ment to which they both originally adhered?
The question really is: Can the churches through
spective organs, the General Assemblies, form such a
to merge the two Assemblies into one? If not, there
serious inconveniences that would follow. Had there
General Assemblies or Synods, churches divided from 
ries through some temporary alienation could scarcely
their former relations.  Hlad there been no General As
Synods torn asunder by local divisions could not meet
Schism instead of ha'rmony becomes the law of the
Then the law of the state requires that strength si
wasted instead of Husbanded; that weakness should be
and wounds forever unhealed.  Then the church mus 
13
be divided into hostile camps, flaunting banners of deflan(
in each other's faces, instead of marching with united step 
triumph.
WVe hold, on the other hand, that the presumption is, the
the two bodies ought to unite, unless there is some clearl
proved obstacle, on account of fundamental differences in fait
or form of government, or incompatibility of united action.
This appears to us to be the law imposed by the founder (
the church upon his followers, and therefore the law of tk
church itself.
The law of the state seeks to administer such a trust as th
upon the presumed intention of the donor of the trust fund
He must be supposed to intend to have the funds appropriate
in accordance with the law of the church; and the law of tlchurch must be presumed to be in accordance with the law c
its founder.
It needs no argument from us, to establish that the precepand spirit of Christianity require brethren to walk together wn
are agreed.
The history of the Presbyterian Church shows that it accor(
with these views, and that such is the law which its membe
actually recognize. There have, undoubtedly, been from tin
to time, unfortunate, and, perhaps, in some instances, unnec:
sarydivisions.   Good men have always deplored them,  ar
when the temporary obstacle has been removed, re-union h.
come.  Force only kept the two bodies apart-the law of the
nature has been union and re-union.  Called, as we have bec
recently, to examine the history of these church movements, M
have been continually reminded of the course of a full strea-i
which, meeting with an immovable obstacle, divides to pa:
around it, only to re-unite its forces at the very point where tlobstacle ends. This strong tendency in the Church to be in fii
accord with the law of its founder, was never so marked as t(
day, when the causes of dissension and division are reduced ar.
removed.  Though it may have been repressed, its strength
shown by the elasticity (f its rebound when the pressure is r
moved. 
14
These general considerations are not without ii
since this question must be determined by the 1.
Church.
The property of the General Assembly must have
to it in view of this law. It is not departing from the
a donor impressed upon the funds bestowed, if it ii
other churches of the same faith and government, an(
creases its efficiency and power over the minds of the cc
The property of any particular church must be presum.
been given in accordance with the law of the individi
which leads to union with other churches of the same
with the wider law leading the body of associated c'
unite with other churches of the same character.
This is no more than saying that every institution
subject to the law of development or growth, and tha
bestows funds upon it must be supposed to intend to fi(
law of development.
These views are sustained by the highest legal au
the State of Pennsylvania, in which many of these
would arise if they should ever be presented to any coup
are believed to be in accord with the approved authori
this branch of the law.
The case to which we refer is McGinnis vs. Watson,
sylvania (5 Wright) p. 7. This case bears so closely
topics now under discussion, that it will be well to
facts at some length.
A congregation in Venango township, of that State,
of members of the Associate Church, and were in eccl.
connection with the "Associate (Presbyterian) Synod
America." In that character, they having become inco
acquired land "for the use and behoof of the congiThe Associate Synod, by a vote of a large majority of 
byteries, united with another Presbyterian body know
"Associate Reformed Church."  The Presbytery to w
congregation in question belonged, approved of the Unic
Session of the church approved of it, at a regular
A minority of the congregation refused to go into t} 
15
and connected themselves with a protesting Presbytery and
Synod.
A bill in equity was presented in behalf of the minority
against the majority of the congregation, to regain possession
and control of the church property, on the ground that the grant
of it was to a congregation professing the doctrines and adher
ing to the government of the Associate Church according to its
original standards; and that the union is such a departure from
these, that the dissenting members cannot be compelled tc
follow.
The case, therefore, clearly presents the point whether a
portion of any individual church can resist the legislative act ot
the general body to which it belongs, when such act constitutes
no material departure from the doctrines and form of government maintained by the denomination to which the particular
church adheres.
The Court held that the legislative act of union was valid,
and enforced its position by great wealth of illustration and
strong argumentation. Its reasoning, in general outline, is that
the Court must regard the law of the Church; that this law is
not to be ascertained simply by regarding the particular church,
but that recourse must be had to the general law of the denomination to which the members of any particular church must be
presumed to have assented.
That part of the congregation which acts in harmony with its
own law thus broadly interpreted, must be approved and sustained
by the State law. All spiritual growth involves some change or
development. Every denomination of Christians admits that
others must change in their progress towards union, though it
regard its own system as too perfect to undergo change. These
propositions are then enforced by instances derived from the history of the Church through many centuries.
Judging, as is thus seen to be necessary, the acts of those
persons by the laws which were'accepted among themselves, the
authority of the Church to legislate upon its doctrines, forms,
and practice, is clearly evinced. Changes and progress appear
historically to be a recognized part of their ecclesiastical life. 
16
It is shown, then, how, though there has been mu
among Presbyterians, there has been a strong tender.
union, as shown in the union of Burghers and Ant-.
Covenanters and Seceders, of the Synods of New
Philadelphia, of the Church of Scotland in Nova Sco
Seceders. To these might now be added, union in t
lian Colonies; union in Canada; union in New Zeala
in Queensland; union in South Australia; union in
Wales. Here we seem to have found the law of t'
terian Church;  the waiving of non-essentials to se(
action on fundamental principles. There is permit
diversity of sentiment where unsoundness in faith, a
the recognized standards, does not exist, while there i:
ment to abstain from agitating the questions which
separation, or led to distinct organizations.
These principles will not lose their application,
basis of union between the two branches of the Chur,
lax the former strictness on minor points; for there
been goodcl reasons for this relaxation, and of that
byteries, Synods and General Assemblies are the cor
judges.  Such proceedings cannot be condemned  a.
without deciding that there can be no unions of t
without a forfeiture of civil rights, and that the lav.
compels the perpetuation of divisions.
This enlightened judgment seems to us to requi
should answer the inquiry whether a Church forfeits it
by adopting the plan of re-union in the negative. Oi
ground, there can be no forfeiture of the property w
General Assembly holds as proprietor, either direc
means of the corporations described in the outset of t
It may perhaps be suggested that the corporation
to would no longer be under the control of the particul
bly pointed out in the Act of Incorporation, when th
semblies became merged into one. The answer is
legislature must be presumed to be cognizant of that
Church which permits union, and therefore that it ha.
words in granting these charters which are to have 
17
and comprehensive interpretation that the principles already
laid down require.
The objection will probably be made, in another form, that
there is a change of identity by reason of the union. It may be
said that neither of the two bodies is the same as before, but
that there is a composite body partaking of the nature of both,
but in no proper sense identical with either. It will then be
argued that a loss of identity involves a forfeiture of property,
because the trust reposed by the donors of funds can no longer
be administered by the organ which they selected.
This objection is answered in the case already noticed.
Though there may be no formal literal identity, yet each body
substantially exists in the new organization. What we must
regard is the identity of social life, which admits of a mutual
giving and reception of moral and mental influences, and a corresponding social growth. Social institutions must grow with
society, adapt themselves to its intelligence and wants, to times
and circumstances. They thus change and remain the same;
when they lose this power of adaptation, they wither and decay,
pp.27, 28, 29.
We do not express any opinion upon the effect of a change
by either body in one or more of its fundamental principles of
faith. No opinion of any value could be given on such a supposition, without an exact statement of the proposed change.
We have assumed that the re-union is to take place upon the
doctrines acknowledged by both parties before the disruption.
These views seem to be sustained by decisions in the cases
of Gibson v. Armstrong, 7 B. Monroe, 481; Den v. Pilling,
4 Zabriskie, 653; 2 Richardson's Equity, 215; Attorney-General
v. Gould, 2 Law Reporter, 495; Attorney-General v. Pearson,
3 Merivale, 400.
Second.-It only remains to consider the effect of the proposed reunion where specific obligations are imposed upon the
ownership of the property.
It is material to inquire as to the intent of the grantor of
the fund. There is no pretence that the grantors or donors, all
2 
18
of whom belong to the so-called New School Churc
that there is any material difference in respect to fait
of government between the two branches. What evid
is, is all the other way.
Thus, the charters which mark out with the grea
sion their separate relation to the New School assert,
faith and government of the said church shall conf(
faith and government of the Presbyterian Church in t
States of America, and the said church shall be conrm
and deemed to be under the care of that branch of th
-known as the New School. The plain intention is
the faith and government of the Presbyterian Churc'
eral, but the care and connection'of a particular br.
It seems to us, that the meaning of all these special
to provide for a particular relation and connection so 1,
New School branch maintains its separate existence,
is no evidence of intention to perpetuate separation,and division. Every donor must be presumed to have
gift with a full knowledge of the law of the particular
modified by the legislation of the constituted bodies,
ries, Synods, and Assemblies, to which the church belo
law leads to re-union, as we have before seen. The
then have been made with the probability of union
The donor's intention fully expanded really is this: "
New School and Old School remain separate, my prop
be devoted to the promotion of the interests of the Ne
I am aware of the legislative power of the New Sch,
assemblies to coalesce and unite with the Old Scho,
content to have that power exercised."
What is this but saying that a person intends that
necessarily implied as well as that which is expressed?
We are therefore of opinion that there is substar
difference between the two questions which, for the sake
ination, have been considered separately, and that the
the one is the solution of the other.
These views  embrace in principle the special case 
19
and conveyances to the "Presbyterian House," particular clauses
in charters, and devises, as far as laid before us.
After this report was written, some deeds of trust were exhibited to us, which respected the title to property connected
with the Princeton Theological Seminary. Some of these instruments we unhesitatingly consider to be governed by the
principles that we have recognized. Others have special clauses
entering into considerable detail, the bearing of which we have
not had an opportunity to consider.  We do not intend to express
any doubt upon these clauses, but simply give no opinion. We
concede that a donor mtght cumber his gift to one of these
branches of the church with such limitations, conditions, or provisos, as to make it questionable whether re-union would not
be a ground of forfeiture.  Perhaps he might provide that his
gift to one branch should be void in case of re-union, though it
would admit of consideration whether a trust for the mere perpetuation of division and separation would accord with sound
views of public policy.
However this may be, we desire to be understood as not expressing any opinion upon any special trusts not embraced
within the instances set forth in the former part of this report.
Should our opinion hereafter be desired upon the Princeton
trusts, or others of a special nature,'we shall be pleased to give
it.
I
On the whole, we are of opinion that there are no obstacles
to re-union growing out of the relations of that subject to property so far as those relations have been brought to our notice,
and so report to your Honorable Body.
All which is respectfully submitted.
DANIEL   AINES,
THEODORE W. DWIGHT. 
REPORT.
The undersigned committee, appointed on behalf
School General Assembly of the Presbyterian Church,
gate the questions of property and vested rights, 
arise from a reunion with the New School Presbytr
have partially discharged the duty assigned to them.
in conference the Hon. Danie] lHaines, of New Jerse
Hon. Theodore W. Dwight, of New York, the comr
pointed on behalf of the New School General Asse
united with them in the investigation of these questlatter gentlemen have embodied their views in a re:
has been submitted for our concurrence. It evinces
search and discrimination, and will be read with i
those who appreciate the importance of the subject.
of the opinions there expressed we are unable to cc
others we give our entire assent.
1. In respect to property heretofore owned or con
the New School General Assembly, or any of the inst
ties or churches under its care, the investigations
Haines and Dwight have been very thorough, and
reason to question the soundness of their conclusion
property will not be affected by the proposed reunion.
2. We agree with them also in the opinion tb
property which was held before the division in 1838,
affected in its legal relations if the two branches of t
should unite. That property will stand where it w
stood if the division had not taken place.
3. We agree with them also in holding that properi 
21
since the division by either branch of the church, by deed or
will, by gift or purchase, which has not been clothed with a
special trust, placing it under the exclusive control of one branch,
as distinguished from the other, will not be affected if the two
branches should now unite.
4. Where such trusts do exist each case must be decided onl
its own special circumstances. The effect upon the property of
a union with any other body will depend on the nature of the
conditions imposed by the grantor or donor, or prescribed in acts
of incorporation. The condition of much of the property connected with the Theological Seminary at Princeton will form a
good illustration of this point. The deeds for this property were
laid before us and were fully investigated. Its importance to the
Old School body is such that we do not feel justified in withholding our opinions respecting it.
On the 5th of May, 1843, James Lenox, Esq., conveyed to
the Trustees of the Seminary the ground now occupied by the
Library and the house of one of its professors. He accompanied
the grant with this condition, which for convenience we have
divided into two sections: (1.) "Provided always, nevertheless,
and upon this condition, that if at any time or times hereafter,
the said parties of the second part [that is the Trustees of the
Seminary] shall pass from under the supervision and control of
the General Assembly of the Presbyterian Church in the United
States of America, now commonly known and distinguished as
the Old School General Assembly, and its successors, or (2,) if
at any time or times hereafter, the leading doctrines declared in
the confession of faith and catechisms of the Presbyterian Church,
such as the doctrine of universal and total depravity, the doctrine of election, the doctrine of the atonement, the doctrine of
the imputation of Adam's sin to all his posterity, and of the
imputation of Christ's righteousness to all his people for their
justification, the doctrine of human inability, and the doctrine
of the necessity of the influences of the Holy Spirit in the regeneration, conversion and sanctification of sinners, as these doctrines are now understood and explained by the aforesaid Old
Sch/ool General Assembly, shall cease to be taught and incul 
cated in the said Seminary, then, and in either such
grant and conveyance hereby made shall cease and bc
and void, and the said premises shall thereupon revert
party of the first part, his heirs, or assigns, as in hi
former estate."
The second branch of this condition would proba
violated in the eyo of the law until the doctrines ti
fled shall cease to be taught in the Seminary.  On so.
doctrines it is in vain to deny that the two brand
church are wide apart; and while we agree with ouil
that we cannot, as lawyers, undertake to examine and
upcn the effect of these differences of opinion, we  cs
our eyes to the fact so well known to theologians on I
that such differences do exist. Nor can we hesitat
attention to the peril which may ensue to this proper'
other property similarly situated, if in consequence of
of a union with any other body, the doctrines specif.
deed, as understood and explained by the aforesaid C
General Assembly, may cease to be taught in the ir.
thus endowed.
There is less difficulty in determining the results w
flow from violating the first branch of the condition if,
Mr. Lenox, viz:  if the Trustees of the Seminary shall
under the supervision and control of the General As>
the Presbyterian Church in the United States of Amcommonly known and distinguished as the Old Schoc
Assembly, and its successors.  In that event the pror
revert to himself and his heirs. The trustees are, by t'l
terms of the deed, to be under the supervision and con!
Old School General Assembly as distinguisted from al
in other words, from the New School General Assem'
are of opinion that if these trustees should pass from t
vision and control of the former Assembly, as distingui:
the latter, or if they should be controlled and supervis
Assembly known by another name, or constituted  d
from the Assembly thus specially described by Mr. Lvaluable property conveyed by his deed will be placed in
22 
23
On the 25th of April, 1862, Robert L. and Alexander Stewart
conveyed to the Trustees of this Seminary $50,000 in bonds of
the Federal Government, and inserted in their deed the same
condition in substance which has been quoted from that of Mr.
Lenox, except that in the event of a breach of the condition the
money is to become the property of the American Bible Society.
They had previously presented to the Trustees of the Seminary
the library of the late Dr. Addison Alexander on nearly the same
terms, except that on the violation of that trust the library is
to become the property of the Trustees of the College of New
Jersey. The views which we have expressed, respecting the
gift of Mr. Lenox, will apply to the gifts of the brothers Stewart.
This is as far as we have proceeded in our investigations.
There may be property connected with the other institutions of
the church, or belonging to individual church corporations, in
the grant of which other special trusts were imposed. We have
not been supplied with the materials for forming a judgment
respecting them. In due time, if they are laid before us, we are
willing to give them our attention.
HENRY W. GREEN,
Trenton, N.J.
WILLIAM A. PORTER,
Philadelphia.
May 5th, 1868. 
APPENDIX.
Schedule of documents submitted to the Commit
General Assemblies, on vested rights, &c.
1. The charter of " The Trustees of the Presbyteria,
Approved 21st granted on the recommendation of " Th.
April, 1865.  Assembly of the Presbyterian Church in t]
States," which held its sessions in the First Pre'sbyteria.
on Washington Square, in the City of Philadelphia
1854.
The charter provides:
(1.) That the Trustees therein named shall hold t
till the first day of June, 1865, and until their succ,
duly qualified to take their places, who shall be cho_
said Assembly and their successors.
(2.) The said Trustees are authorized "to purchas
take, and hold real and personal estate," and all kinds
erty and estate which may be devised, or bequeathed,
to them, or to the said Assembly for them, and the samr
alien, demise, and convey."
(3.) They are to be subject to the direction of said 
and to have also power to manage all funds, propert:
fects committed to their care by gift, purchase, bc
otherwise, and to execute any trusts confided to thesaid General Assembly or their successors, in such Tr
shall be deemed most advantageous, and not contrary
the intention of the donor or testator.
2. Declaration of Trust by the Trustees of the Prc
-0 -- op 
25
House to "The Presbyterian Publication Committee," declaring
that under the direction of the said Assembly they hold certain
premises, viz.: Nos. 1334 and 1336 Chestnut Street, Philadelphia, in trust for " The Presbyterian Publication Committee,"
appointed by the said Assembly, dated April 1, 1864.
3. Deedfrom Samuel North and vife to the Trustees of the
Presbyterian House, dated December 7, 1863, conveying a lot
of ground and church edifice thereon, lying on south   Southwark
side of German Street, between 2d and 3d streets,   Church.
Philadelphia. In trust for the First Presbyterian Church and
congregation of Southwark, in County of Philadelphia, so long
as said church and congregation shall continue in connection with
a Presbytery in union with the General Assembly which met in
the City of Philadelphia, in May, 1863, and no longer; with
power reserved to the Trustees of the Presbyterian House to reenter in case of failure to comply with the conditions.
4. Deed from Matthias W. Baldwin and wife to the Trustees of the Presbyterian House, dated Dec. 5, 1864, conveying
the church edifice and lot of ground on southwest corner of
Christian and 18th streets, Philadelphia.  In trust   Tabor Pr.
for the Taboi Presbyterian Church, so long as the    Church.
said church shall continue in connection with that branch of the
Presbyterian Church in U.S. A., the General Assembly of which
last convened in Dayton, Ohio, and no longer.
5. Deed from Alexander Whilldin and wife, by their attorneys in fact, to "The Trustees of the Presbyterian House,"
dated Oct. 22, 1866, conveying a lot of ground and stone chapel
on northeast corner of Broad and Oxford Streets, in the 20th
ward of Philadelphia, which had been purchased with the contributions of the said Alexander Whilldin and others, for thc
purpose of erecting thereon a church edifice for the religious uses
and purposes of a church and congregation in ecclesiastical con.
nection with, and under the care of that General Assembly
which met in the First Presbyterian Church, in Philadelphia, 
26
in May, 1863.  In trust for a church and congregati
connection, with power of reentry, &c.
6. Deed from Clayton & Townsend, executors of
W. Baldwin, to the Trustees of Presbyterian House, 
vember 1, 1866, conveying a lot and stone chapel is
ward of Philadelphia. In trust for the Herman Pr;
Church, so long as they shall remain in ecclesiastical (
with, and under the care of that General Assembly
sembled in the First Presbyterian Church, in Philad
May, 1863.
7. Will of Mary Cornell, dated 13th of June, 184
28th of March, 1861, devises all the residue of her e Wharton St.  and personal, to her executors, in trust, t
Church.   it into money, and to apply the same to
chase of a lot, or lots, and the erection of a suitable
public worship; " the said house and lot to be forever
used by a church and congregation which shall be in c(
with that portion of the Presbyterian Church now d
in common parlance as the New School."
Under this will a lot was purchased at corner of
Wharton streets, Philadelphia, and a deed, conveying
in fee to the corporation, subject to trusts, provisions,
itations of the will.
See deed when it shall be furnished.
8. Charter and By-Laws of the "The Oxford
Oxford Pr.  terian Church, of the City of Philadelphia
Church.   izedcl January, 1857, enrolled March 11, 18
Art. II. provides that the faith and government of
church shall conform to the faith and government of t
byterian Ghurch in the United States of America;
said church shall be connected with and deemed to be vi
care of that General Assembly which assembled in t
Presbyterian Church, in the City of Philadelphia, in th
of May, A. D., 1863." 
27
9. Charter of the Southwestern Presbyterian Church, in the
City of Philadelphia, 1865.                       South-Western
Pr. Church.
Art. II. The faith and government of the said church shall
conform to the faith and government of the Presbyterian Church
of the U. S. A.: "and the said church shall be connected with,
and deemed to be under the care of that General Assembly
which assembled in the Lafayette Avenue Presbyterian Church,
in the City of Brooklyn, N. Y., on 18th of May, 1865; and the
real estate now owned, or which hereafter may be owned, by this
corporation, shall be forever held and used by a church and congregation which shall be connected with, and under the care of
the said General Assembly."
10. Declaration of trust by Josiah Gray and John McFale,
dated 1859, acknowledged 18th October, 1859, by which they
declared that they held a certain lot of ground at northeast
corner of 20th and Fitzwater streets, Philadelphia, in trust
only for the use and benefit of the Southwestern Presbyterian
Church and congregation, in connection with the General Assembly of the Presbyterian Church in U.  S. A., commonly
called the Old School Presbyterian Church.
NOTE.-This church is said to have passed into the connection of the
New Shool Assembly, with the consent of the congregation and of the
Old School Presbytery, and that the charter before-mentioned was then
obtained.
11. Charter of "The Wharton Street Presbyterian Church,
in the City of Philadelphia."
Art. II. is in language similar to that of the Southwestern
Presbyterian Church, and provides for the same ecclesiastical
connection.
12. Charter of the First Presbyterian Church, in the District of Southwark, and County of Philadelphia, organized in
1820.
13. Charter of "The Permanent  Committee on Foreign 
28
Missions of the General Assembly of the Presbyterin
in the United States of America."
Sec. 1. Whose duty it shall be to superintend
cause of Foreign Missions of the said General Assenr
which met at Dayton, Ohio, in May, 1864), and as
General Assembly may from time to time direct. A
ceive, take charge of, and disburse any property or fi
may be intrusted to the said Assembly or said Permar.
mittee, for missionary purposes.
Sec. 2. The successors of the Trustees to be elect
said General Assembly in such time and manner as
Assembly may direct or appoint. Passed by the Leg;
N.Y., April 17, 1865.
14. Charter of " The Presbyterian Committee
Missions."
(Designated for the purpose by the General Assem
Presbyterian Church which met at Syracuse, N. Y.
1861.)
Whose duty it is to assist in sustaining feeble chur(
as the General Assembly may from time to time direct
The successors of the Trustees to be elected at s,
and in such manner, as the said General Assembly sh
and appoint.
15. Charter of " The Trustees of the Chuirch-Erect!
New York, 31st of the General Assembly of the Presbyterin.
of March, 1855. in the United States of America."
(Designated by the General Assembly of the Pre:
Church which met in Philadelphia, in May, 1854.)
For the purpose of aiding feeble congregations in cc
with the said General Assembly.
Successors to be appointed at such time, and in st.
ner, as the said Assenmbly shall direct.
16. Education Manual containing the Charter of "'
manent Committee on Education for thie Jinistry of 
. 
eral Assembly of the Presbyterian Church in the U. S. A."
Passed in New York, April 17, 1858.
(The Trustees were designated by the General Assembly
which met at Cleveland, Ohio, in May, 1857.)
Their duty is, to superintend the whole cause of education in
behalf of the said General Assembly, and as it may direct.
The Trustees to be displaced and succeeded by others to be
elected in such time and manner as the said Assembly shall
direct.
17. Charter of " The Trustees of the Board of Education ot
the Presbyterian Church in the United States of  S
America."
Successors to be elected by the Board of Education at such
times, and in such manner, as shall be provided by the said Gen:
eral Assembly. Passed 18th Feb., 1841.
18. By-Laws of the Presbyterian Board of Education, with
renewed Charter of 13th Feb., 1847.
19. Reports of Joint Committee of the two General Assem
blies of 1866, and of the Special Committee of the O. S. A,
sembly of 1867.
2~. Minutes of the General Assembly (N. S.) of 1859.
21. Report of Committee on Legal Rtights, &c., of Genera
Assembly (N. S.), 1854.
29
a 
0