organization of the Assembly. My impression is, that there was such a committee. My recollection is not distinct in regard to this point, but such is my impression. I can't tell how often I have sat in the Assembly; I think about eight times. One session I sat as a committee-man-the session of 1820. I came to that Assembly, of which Dr. John McDowell was chosen Moderator, from the Presbytery of Hartford, Synod of Western Reserve, then, now, and ever, a good, thorough Old-school Presbytery. My commission was questioned, and discussed a long while; and the previous Moderator, seeing that the discussion was likely to occupy considerable time, asked me, if I would not wave my right to have the question decided before a new Moderator had been chosen, and I did so. Afterwards, my seat was given to me. I was, first, a member of a Congregational church in Norwich, Connecticut, where I was born, that being the only church in the parish. I was licensed and ordained by the Rev. John McDowell, and his associates, in a Presbytery of New Jersey. Afterwards, I belonged to the Synod of Pittsburg, in which I remained until detached from it, in 1837. I have sent reports of the progress of this trial to the editor of the New York Journal of Commerce, and have seen two of them published. The reports in that paper are from my hand. I am a friend of the editor's.

Mr. Randall. In the case of Duncan, against the Ninth Presbyterian Church, Dr. Green, one of the Respondents in this case, was examined, and I propose, now, to read his testimony. It has been intimated, that an objection will be made. I offer it as the confessions of a party.

The counsel for the respondents objected.

Mr. Randall. I withdraw the offer.

The next evidence-Minutes (Old-school) of 1838-the minute of the organization of the Assembly.

"The General Assembly of the Presbyterian Church, in the United States of America, met agreeably to appointment, in the Seventh Presbyterian Church, in the city of Philadelphia, on Thursday, the 17th day of May, A. D. 1838, at 11 o'clock, A. M.; and was opened with a sermon by the Rev. David Elliott, D. D., the Moderator of the last Assembly, from Isaiah 60. 1. Arise, shine, for thy light is come, and the glory of the Lord is risen upon thee.'

"After the sermon, the Moderator gave notice that as soon as the benediction was pronounced, he would take the chair, and proceed to the organization of the Assembly. The benediction being pronounced, the Moderator took the chair, and having opened the meeting with prayer, called upon the Permanent Clerk to report the roll.

"The Rev. William Patton, a member of the Third Presbytery of New York, rose and asked leave to offer certain resolutions which he held in his hand.

"The Moderator declared the request at that time to be out of order, as the first business was the report of the Clerks.

"Dr. Patton appealed from the decision. The moderator declared the appeal, for the reason already stated, to be at that time out of order. Dr. Patton stated that the resolutions related to the formation of the roll, and began to read the same; but being called to order, took his seat.

"The Permanent Clerk, from the Standing Committee of Commissions, reported that the following persons, present, have been duly appointed, and are enrolled as Commissioners to the General Assembly, and laid their commissions on the table, viz."

(Here follows the roll.)

"The Committee of Commissions further reported that the Rev. Robert G. Thomp son, of the Presbytery of Bedford; Rev. Adam Millar, of the Presbytery of Montrose; and Mr. James Elliott, a ruling elder of the Presbytery of Richland, have stated to the committee that they were appointed by their respective Presbyteries, but have not their commissions; that the commission of Mr. John W. Cunningham, a ruling elder from the Presbytery of New Castle, wants the signature of the Moderator; and that the

commission of Rev. Ephraim P. Bradford, of the Presbytery of Londonderry, wants the signature of the Clerk.

"They further reported that the Rev. David R. Preston, and Mr. Thomas Beard, a ruling elder, appeared before the committee with regular commissions from the Presbytery of Greenbrier, which commissions were accompanied with an attested extract from the minutes of the Synod of Virginia, certifying that said Presbytery was regu. larly constituted by the Synod of Virginia, October 10th, 1837.

"The documents referred to in the foregoing report of the informal cases, were laid on the table by the Permanent Clerk.

"After the report of the Committee of Commissions had been read, the Moderator stated that the Commissioners whose commissions had been examined, and whose names had been enrolled, were to be considered as members of this Assembly; and added that if there were any Commissioners present from the Presbyteries belonging to the Presbyterian Church in the United States of America, whose names had not been enrolled, then was the time for presenting their commissions.

"Dr. Mason rose, as he said, to offer a resolution to complete the roll,' by adding the names of certain commissioners, who, he said, had offered their commissions to the clerks, and had been by them refused. The Moderator inquired if they were from Presbyteries belonging to the Assembly, at the close of the session of last year? Dr. Mason replied that they were from Presbyteries belonging to the Synods of Utica, Geneva, Genesee, and the Western Reserve. The Moderator then stated that the motion was out of order at this time. Dr. Mason appealed from the decision of the Moderator; which appeal, also, the Moderator declared to be out of order, and repeated the call for commissions from Presbyteries in connexion with the Assembly.

"The Rev. Miles P. Squier, a member of the Presbytery of Geneva, then rose and stated that he had a commission from the Presbytery of Geneva, which he had presented to the clerks, who refused to receive it, and that he now offered it to the Assembly, and claimed his right to his seat. The Moderator inquired if the Presbytery of Geneva was within the bounds of the Synod of Geneva. Mr. Squier replied that it was. The Moderator said: "Then we do not know you, sir," and declared the application out of order. Mr. Cleaveland then rose and began to read a paper, the purport of which was not heard, when the Moderator called him to order. Mr. Cleaveland, however, notwithstanding the call to order was repeated by the Moderator, persisted in the reading. During which, the Rev. Joshua Moore, from the Presbytery of Huntingdon, presented a commission, which being examined by the Committee of Commissions, Mr. Moore was enrolled, and took his seat,

"It was then moved to appoint a Committee of Elections to which the informal commissions might be referred. But the reading by Mr. Cleaveland still continuing, the Moderator, having in vain again called to order, took his seat, and the residue of the Assembly remaining silent, the business was suspended during the short but painful scene of confusion and disorder which ensued. After which, and the actors therein having left the house, the Assembly resumed its business.

"On motion,

"The cases of Messrs. Thompson, Millar, Elliott, Cunningham, Bradford, Preston, and Beard, and the documents concerning them, were referred to Messrs. Culbertson, J. L. R. Davies, and Hugh Campbell, as a Committee of Elections.

"The Rev. William S. Plumer was unanimously elected Moderator; and the Rev. Elias W. Crane was unanimously elected temporary clerk.

"The Committee of Elections reported that the following persons, whose cases had been submitted to them, were regularly appointed commissioners to this Assembly, and recommended that they be severally admitted to seats, viz: Rev. Robert G. Thompson, of the Presbytery of Bedford; Mr. James Elliott, ruling elder of the Presbytery of Richland; Mr. John W. Cunningham, ruling elder of the Presbytery of New Castle; the Rev. Ephraim P. Bradford, and Rev. David R. Preston, and Mr. Thomas Beard, ruling elder, from the Presbytery of Greenbrier; they further reported that the Rev. Adam Millar, of the Presbytery of Montrose, did not appear before the committee.

"The case of the Commissioners from the Presbytery of Greenbrier was referred back to the Committee of Elections, and that part of their report relative to Messrs. Thompson, Elliott, Cunningham, and Bradford, was adopted, and it was ordered that their names be inserted in the roll. These Commissioners took their seats.

“And then the Assembly adjourned till this afternoon at 5 o'clock. "Concluded with prayer."

Mr. Randall. We offer, also, the whole of the statistical table appended to the same Minutes, but without reading, as it occupies forty or fifty pages.

The last evidence offered, was certain extracts from the unpublished manuscript minutes of some of the earlier Assemblies, going to prove the same point on which similar evidence had before been extracted from the printed minutes-that it had been customary, in the Assembly, to determine contested rights of membership, previously to the choice of a Moderator. Merely the references are given.

Vol. 1. p. 26.-Vol. II. pp. 104, 308.-Vol. III. p. 378.-Vol. IV. pp. 198, 253.

Here the testimony for the Relators closed.

TESTIMONY FOR THE RESPONDENTS.

Mr. Hubbell.

We offer the whole of the New-school Minutes as evi

dence against the Relators.

Mr. Meredith. We desire to know the particular parts which are relied on, and for what purpose.

Mr. Hubbell. Every part.

Mr. Meredith. We object to the offer of the whole.

Mr. Hubbell. These minutes contain repeated contradictions of the testimony of the witnesses on the other side.

Mr. Meredith. Will the counsel be good enough to point them out? Mr. Hubbell. To do that I must make a speech upon the subject. You have the advantage of the conclusion.

Mr. Meredith. We make no objection to these minutes, if offered to contradict our witnesses, in matters brought out on the examination in chief; but as contradictory of their evidence on cross-examination, as to collateral matters, they are inadmissable.

Mr. Hubbell. I offer in evidence, according to our agreement, the whole of the Minutes of the body that met, in 1838, in the First Presbyterian Church: We see contradictions of the testimony offered on the part of the Relators, in every line. A part of these minutes has already been given on the other side-that relating to the election of trustees; and we have given a part of the Pastoral Letter. Now we desire to offer the

rest.

Mr. Meredith. The thing would be simplified if my learned friend would give us an example of the contradictions which he alludes to. Judge Rogers. Hereafter, I shall admit what is evidence, and what is not I shall reject.

Mr. Meredith. We are very glad of our minutes' being read, but not to contradict our witnesses, as to collateral facts brought out on cross-examination.

Judge Rogers. You both seem to be of the same opinion.

Mr. Meredith. I now understand it then for the first time. I understand, that the testimony is offered to contradict our evidence, and not statements as to collateral facts. But I have not yet heard such a declaration from the opposite party.

Mr. Hubbell. There may be some difference of opinion as to what facts are collateral.

Mr. Meredith. That your Honour must decide.

Mr. Hubbell. In whatever your Honour decides we shall acquiesce. Judge Rogers. Gentlemen, I can't see how you differ. I hate these sweepings of the case.

Mr. Hubbell. As the opposite counsel have exacted an explanation from us, we ask the same from them.

Mr. Meredith. We stated at the time the offer was made, what parts we gave in evidence-the minute of the organization, and the statistical table at the end. These are all to which we shall refer.

(The Pastoral Letter from these Minutes has been already given. here insert the minute of the organization.)

Minutes (New-school) 1838, p, 635 el seq.

We

"The General Assembly of the Presbyterian Church in the United States of America met, agreeably to appointment, in the Seventh Presbyterian Church, in the city of Philadelphia, on the third Thursday of May, 1838. at 11 o'clock, A. M., and was opened with a sermon by the Rev. David Elliott, D. D., Moderator of the last Assembly, from Isa. Ix. 1: Arise, shine, for thy light is come, and the glory of the Lord is risen upon thee.'

"After public worship, the Moderator of the last Assembly announced from the desk, that immediately after the benediction, the Moderator would take the chair on the floor of the church, and the Assembly would then be constituted.

"After the benediction, the Moderator of the last Assembly took the chair and opened the meeting with prayer.

"The Rev. William Patton, D. D., from the Third Presbytery of New York, then rose, and asked leave to offer the following preamble and resolutions."

(Then follow the resolutions before inserted-Ante p. 51.)

"The Moderator declared him to be out of order, and refused to allow them to be read. Dr. Patton then stated that he was very desirous to have thein put and passed upon without remark or debate. The Moderator again declared them out of order, as the next business was the report of the clerks upon the roll. Dr. Patton then appealed from the decision of the chair. The appeal was seconded, and the Moderator declared the appeal to be out of order, and refused to put it, and directed the clerk to make his report upon the roll. Dr. Patton then declared to the Moderator that the paper he wished read had relation to forming the roll. The Moderator then stated that he was out of order, as the clerk was on the floor; whereupon the Moderator was reminded by Dr. Patton that he had the floor before the clerk. The Moderator directed the clerk to proceed with the report on the roll, and Dr. Patton thereupon took his seat.

The report of the clerks of the last Assembly upon the roll was then read by the Rev. John M. Krebs, one of the clerks of the last Assembly, and was as follows:"

(Then comes the roll.)

"The reading of the report being finished, the Moderator announced that if there were commissioners from any Presbyteries of the Presbyterian Church who had not been enrolled, then was the proper time to make application to have their names put upon the roll.

66

Thereupon the Rev. Erskine Mason, D. D., from the Third Presbytery of New York, rose and offered the following resolution:

666

Resolved, That the roll be now completed by adding the names of all the commissioners now present from the several Presbyteries within the bounds of the Synods of Utica, Geneva, Genesee, and the Western Reserve.'

"And stated that the commissioners from the Presbyteries therein named had offered their commissions to the clerks, who had refused to receive them. The Moderator asked Dr. Mason if they were from Presbyteries connected with the Assembly of 1837 at the close of its session. Dr. Mason replied that they were from Presbyteries within the bounds of the Synods of Utica, Geneva, Genesee, and the Western Reserve. The

Moderator then stated that they could not be received. Dr. Mason then formally tendered the commissions of commissioners from-"

(Next come the names of the Presbyteries within the four disowned Synods, with the commissioners from each.)

"And demanded that they be put upon the roll. The resolution was seconded. The Moderator declared it out of order. Dr. Mason then said, that with the greatest respect for the chair, he must appeal from that decision. The appeal was seconded. The Moderator declared the appeal out of order, and refused to put it.

"The Rev. Miles P. Squier, from the Presbytery of Geneva, then rose and addressed the chair, stating that he had a commission from the Presbytery of Geneva, which he had presented to the clerks, who refused to receive it, and he demanded his right to his seat and required his name to be enrolled. The Moderator asked him if the Presbytery of Geneva was within the Synod of Geneva. Mr. Squier replied that it was within the bounds of the Synod of Geneva. The Moderator then said, 'We do not know you,' and refused the demand, declaring it out of order.

"These repeated refusals of the Moderator and clerks of the General Assembly of 1837 to perform the duties of their respective offices, in the organization of the General Assembly of 1838, till its own officers should be appointed, thus impeding the constitutional progress of business, the Rev. John P. Cleaveland, of the Presbytery of Detroit, rose and stated in substance as follows:-that as the Commissioners to the General Assembly for 1838, from a large number of Presbyteries, had been refused their seats; and as we had been advised by counsel learned in the law, that a constitutional organization of the Assembly must be secured at this time and in this place, he trusted it would not be considered as an act of discourtesy, but merely as a matter of necessity, if we now proceed to organize the General Assembly for 1838, in the fewest words, the shortest time, and with the least interruption practicable. He therefore moved that Dr. Beman, from the Presbytery of Troy, be Moderator to preside till a new Moderator be chosen. The motion was seconded by the Rev. Baxter Dickinson from the Presbytery of Cincinnati, and no other person being nominated, the Rev. Dr. Beman was unanimously appointed such Moderator.

"It was then moved and seconded that the Rev. Erskine Mason, D.D. from the 3d Presbytery of New York, and the Rev. E. W. Gilbert, from the Presbytery of Wilmigton, be clerks pro tempore; and no other persons being put in nomination, they were unanimously appointed.

"The following is the roll of the General Assembly as completed by the clerks :" (Then comes the whole roll.)

"The Rev. Samuel Fisher, D.D. of the Presbytery of Newark, was nominated as Moderator of the General Assembly, and no other person being put in nomination, he was chosen by a very large majority. The Rev. Dr. Beman thereupon announced to Dr. Fisher that he was duly elected Moderator of the General Assembly; and on leaving the chair, informed him that he was to be governed in his office by the rules of the General Assembly hereafter to be adopted.

"The Rev. Erskine Mason, D.D was then chosen Stated Clerk, and the Rev. E. W. Gilbert Permanent Clerk of the General Assembly.

"The following notice had been previously delivered to the Rev. Dr. Beman: "Resolution of the Trustees of the 7th Presbyterian Church, adopted May 7th, 1838. "Resolved, That the General Assembly of the Presbyterian Church, which is to convene in Philadelphia on the 17th inst. and which shall be organized under the direction of the Moderator, and clerks, officiating during the meeting of the last Assernbly, shall have the use of the Seventh Presbyterian church during their sessions, to the exclusion of every other Assembly or Convention which may be organized during the same period of time.

(Signed)

JAMES SCHOTT, President of the Board of Trustees.'

"It was moved and seconded that the General Assembly now adjourn to meet forthwith in the Lecture Room of the First Presbyterian Church in this city. The motion to adjourn was carried unanimously.

"The Moderator then audibly announced that the General Assembly was so adjourned, and gave notice that any Commissioners who had not presented their Commissions should do so at the First Presbyterian church.

The Assembly being again met at the Lecture Room of the First Presbyterian church, Dr. Patton again offered his preamble and resolutions, as follows, which were unanimously adopted:"