Judge Rogers. This evidence seems to me to be exactly of the same kind with that already admitted.

Mr. Hubbell. For the purpose for which the other testimony was received, we have no objection that this should be admitted. We conceived it to be the right and duty of our opponents to build up an Assembly. But how is this to be done? By showing that these bodies have been admitted as parts of the Presbyterian Church? This is conceded. Whether admitted constitutionally, or not, is another thing. But they cannot be allowed to show that the proceedings of 1837 are a poor reason for those of 1838; that our defence is a poor defence. Let us be masters of our own defence.

Mr. Ingersoll. I should like to know for what purpose Mr. Randall offers the evidence. It may be that he has two objects. If offered to prove the admission of these Synods, it is proper, or, at least, only irrelevant. If to prove their rejection, it is inadmissible.

Judge Rogers. What is the object of the testimony, Mr. Randall? Mr. Randall. May it please your Honor, our object is to show the state of the General Assembly in 1837; that these Synods were then in good standing, and incorporated as a part of the Presbyterian Church, under the Constitution of 1821. Then to follow this up, by showing an act of dismemberment, begun by the clerks of the Assembly, and carried out by the Moderator, which defeated the organization, and made it void and nugatory, whereby we became the true General Assembly But we cannot prove more than one link at a time. The links are independent of each other, except as to order.

Judge Rogers. Mr. Hubbell, you may go on.

Mr. Hubbell. May it please your Honor, we do not pretend that the act of the clerks was a mistake. Our opponents cannot, then, bring evidence to prove that it was not a mistake-that it was the result of deliberate design. If they prove that certain commissions were presented to the clerks, and by them refused; that then a resolution in regard to them was offered, and, this resolution being declared out of order, an appeal was taken from the Moderator's decision, but that the Moderator refused to put the appeal-if all this be shown, they have laid the basis of their superstructure. They must not anticipate our defence to the allegation. If the acts of 1837 dismembered the General Assembly, then our trustees, appointed before that time, are entitled to their places. This supposition would defeat the issue chosen by the other party. They admit, therefore, that those elected trustees in 1837, even after the acts complained of, were lawfully elected. If, on the other hand, no dismemberment is alleged, what can be the effect of the testimony offered? The Assembly of 1838 was an entirely independent body, having full power to judge of the qualifications of its own members. The rejection complained of was not influenced by the proceedings of 1837, except as they furnish us a reason-an excuse, if we choose to avail ourselves of it, for the purpose of defence. The other party themselves contend, that the proceedings of the Assembly of 1338 should not have been influenced by those of 1837. They say, that the latter were void, except as merely advisory or recommendatory, and that therefore the rejection of commissioners in 1838 was bad. We will, ourselves, show the reason

of this rejection, and will not allow our case to be mangled and distorted.

Judge Rogers. I do not like to decide, at this stage of the proceedings, whether the testimony offered involves the merits of the case or not. It may be admitted now, and the point be decided hereafter.

Mr. Ingersoll. I should like to say half a dozen words in explanation, even if the testimony be admitted. If it go to prove the same points as that offered yesterday it is merely irrelevant. If the other point, which I have mentioned, it will produce serious evil, by raising a false, a prejudicial, and a dangerous issue. There were two courses for the New-school party to take. They might have issued a mandamus, and thus have established their rights, if unjustly deprived of them. They did not choose, however, to try that remedy, but met in Ranstead Court, determined on a bolder measure. Here they did not proceed regularly, but, having reached a particular point, seceded. The question now before us is, did they secede properly? Under this quo warranto, the remedy selected, they must show their title. Again, they say that we did things irregularly in the Assembly of 1837, and therefore ask the assistance of the Court to oust us. But the Assembly of 1837 was entirely dissolved. Look at the provision on this subject, in the Form of Government, Chap. XII. Sect. S. "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 pronounce on those present the apostolic benediction."

The Assembly then of 1837 was dissolved and extinguished. It was not an adjournment, nor yet a curia advisare vult, as in the practice of the Supreme Court. Therefore, as to that Assembly, there was an end of every thing. Now, if any members had been unjustly excluded from the Assembly of 1837, they should have applied for re-admission in 1838. But, instead of this, they chose to secede; and here, they must prove, not that the proceedings of 1837 were void, but that their secession was proper. We say, that they were not excluded from the General Assembly of 1838: they never sought admission. That Assembly never had an opportunity to decide on their case.

Judge Rogers. It is one link in the testimony. We must have the proceedings of 1837, to explain those of 1838.

Mr. Randall, then read the testimony offered.
Min. 1837, p. 520.

66 SYNODS AND PRESBYTERIES.

"The following summary account of Synods and Prebyteries together with the statistical reports of Presbyteries, in detail, present the Presbyterian Church as it was at the commencement of the sessions of the General Assembly. During these sessions, four of these Synods, with all their respective Presbyteries, were declared to be no longer a part of the Presbyterian Church in the United States of America, viz., the Synod of the Western Reserve, [see Minutes, page 440,] and the Synods of Utica, Geneva and Genesee, [see Minutes, page 444,] and the Third Presbytery of Philadelphia was dissolved, [see Minutes, page 472.] The Assembly directed the Stated Clerk, hav

ing inserted a note to this effect, to publish the statistics of these judicatories for the past year. [see Minutes, page 494.]

"The General Assembly of 1837, at the commencement of their sessions, had under their care twenty three Synods, comprising one hundred and thirty-five Presbyteries, viz. *

*

*

*

*

*

**

*

2. The Synod of UTICA, containing the five Presbyteries of St. Lawrence, Watertown, Oswego, Oneida, and Otsego.

"3. The Synod of GENEVA, containing the nine Presbyteries of Geneva, Chenango, Onondaga, Cayuga, Tioga, Cortland, Bath, Delaware and Chemung.

4. The Synod of GENESEE, containing the six Presbyteries of Genesee, Ontario, Rochester, Niagara, Buffalo and Angelica.

"9. The Synod of the WESTERN RESERVE, containing the eight Presbyteries, of Grand River, Portage, Huron, Trumbull, Cleveland, Maumee, Lorain and Medina."

As explanatory of the table from which the above was extracted, Mr. Randall read the following:

Min. 1837, p. 494. "In answer to a request of the Stated Clerk, for direction in making out the General Statistical Table, for the current year, the Assembly ordered that he should insert in that table, the statistics in his hands for the past year, of those judicatories that have been declared by the General Assembly to be no longer parts of the Presbyterian Church, and to insert a marginal note to this effect; and that hereafter those statistics shall not appear in the general table published by the General Assembly."

The next evidence offered was a list of the Presbyteries within the exscinded Synods, with the dates of their formation, from which it appeared, that there were in those Synods twenty eight Presbyteries, with five hundred and nine ministers, five hundred and ninety-nine churches, and fifty thousand, four hundred and eighty-nine communicants.

Mr. Randall remarked-There is another case which may properly be mentioned here, somewhat isolated in character, but nevertheless forming a link in the chain of testimony, heretofore kept out of view. I allude to the case of the Third Presbytery of Philadelphia, containing thirty-three ministers, thirty-two churches, and four thousand eight hundred and fifty communicants, which, at the same meeting of the Assembly-that of 1837-was dissolved, but without the usual provision attaching the ministers and churches, of which it was composed, to other Presbyteries, they being left to apply for admission to other bodies, and run the risk of being told, on such appplication, "We don't know you." And this excision, as in the other cases, was wholly without trial, proof, or even accusation.

The Rev. Mr. Eliakim Phelps being called to prove the correctness of this statistical list, the proof was waved by the counsel for the defendants, who agreed to admit the list without proof, subject, however, to correction, if found erroneous in any particular.

Mr. Randall. We will now recur to the proceedings of the Assem-, bly of 1837, beginning with its organization.

Min. 1837, p. 411. "The General Asembly of the Presbyterian Church in the United States of America, met agreeably to appointment, in the Central Presbyterian Church, in the city of Philadelphia, on Thursday, the 18th day of May, 1837, at 11 o'clock, A. M.; and was opened with a sermon by the Rev. John Witherspoon, D. D., the Moderator of the last Assembly, &c.

"The Standing Committee of Commissions reported that the following persons present have been duly appointed Commissioners to this General Assembly, viz."

Then follows a list of members, from which it appears, that every one

of the Presbyteries in the four Synods of Utica, Geneva, Genesee and Western Reserve, were represented, their delegates amounting, in all, to the number of fifty-one, of whom thirty-five were ministers, and sixteen elders. These voted in the choice of Moderator, and, up to a certain period, took a part in all the proceedings of the Assembly.

On page 419, is the minute of the first of that series of acts which resulted in the excision of these Synods.

"Monday Morning, May 22d.-The Assembly met, &c.

"The committee to whom Overture No. 1, viz. The Memorial and Testimony of the Convention,' had been referred, made a report, in part; and their report was read and accepted.

"It was moved to adopt so much of the report as relates to doctrinal errors, whereupon a motion was made to amend the report by adding to the specification of errors, certain others, when, after some debate, it was

"Resolved, That the whole subject be postponed, and made the order of the day for to-morrow.

"Resolved, That that part of the report which refers to the Plan of Union between Presbyterians and Congregationalists in the new settlements, adopted in 1801, be made the order of the day for this afternoon.

"Afternoon, &c.-The Assembly proceeded to the order of the day, viz: that part of the report of the Committee on Overture No. 1, which relates to the Plan of Union' adopted in 1801.

"The report was read, and adopted, in part, as follows, viz:

"In regard to the relation existing between the Presbyterian and Congregational Churches, the committee recommend the adoption of the following resolutions:

"1. That between these two branches of the American Church, there ought, in the judgment of this Assembly, to be maintained sentiments of mutual respect and esteem, and, for that purpose, no reasonable efforts should be omitted to preserve a perfectly good understanding between these branches of the Church of Christ.

"2. That it is expedient to continue the plan of friendly intercourse, between this Church and the Congregational Churches of New England, as it now exists."

"A third resolution, to abrogate the 'Plan of Union,' was discussed for some time. "Adjourned till 9 o'clock to-morrow morning.

"Tuesday morning, May 23d, &c.-The orders of the day, viz: that part of the report of the Committee on Overture No. 1, which relates to doctrinal errors, was postponed, with a view of resuming the unfinished business of yesterday, viz: that part of the report of the same committee, which recommends the abrogation of the Plan of Union.'

"The third resolution on this subject was taken up, and discussed for a considerable time.

66

Adjourned till this afternoon at half-past 3 o'clock.

"Afternoon, &c.-The Assembly resumed the unfinished business of this morning, viz: that part of the report of the Committee on Overture No. 1, which recommends the abrogation of the Plan of Union.' The resolution was discussed for some time, when the previous question was demanded, and decided in the affirmative, by yeas and nays, as follows, viz:

Shall the main question be now put?'

99

Then follow the yeas, 129; and the nays, 123.

"The resolution was then adopted, by yeas and nays, as follows, viz:

"3. But as the Plan of Union,' adopted for the new settlements in 1801, was originally an unconstitutional act on the part of that Assembly-these important standing rules having never been submitted to the Presbyteries-and as they were totally destitute of authority, as proceeding from the General Association of Connecticut, which is invested with no power to legislate in such cases, and especially to enact laws to regulate churches not within her limits; and as much confusion and irregularity have arisen from this unnatural and unconstitutional system of union, therefore, it is

"Resolved, That the act of the Assembly of 1801, entitled a 'Plan of Union,' be, and the same is hereby, abrogated.'." See Digest, pp. 297-299.

Then follow the yeas, 143; and the nays, 110.

"Wednesday afternoon, May 24th.—The Committee on Overture No. 1, viz: 'The testimony and memorial of the Convention,' made a further report, respecting so much of the memorial as relates to the toleration of gross errors in doctrine, or disorders in practice, by inferior judicatories.' The report was read, and accepted. The report was then re-committed, and the committee was instructed to make a full report on the memorial as soon as convenient.

"The Assembly proceeded to the orders of the day, postponed from yesterday, viz: that part of the report of the Committee on the Memorial which relates to doctrinal errors; when, the motion to amend the report by adding to the specification of errors certain others, was discussed for some time. It was then moved that the amendment be indefinitely postponed; and, after some debate, the Assembly adjourned till to-morrow morning at nine o'clock.

"Thursday morning, May 25th.-A motion was made that the Assembly now take up so much of the report of the Committee on the Memorial, as relates to the toleration of disorders in practice, and errors in doctrine, by inferior judicatories. Adjourned till this afternoon at half-past 3 o'clock.

"Afternoon.-The House resumed the unfinished business of this morning, viz: the motion to take up that part of the report of the Committee on the Memorial which relates to the toleration of disorders in practice, and errors in doctrine, by inferior judicatories. The motion was carried. And resolutions, to cite to the bar of the next Assembly such inferior judicatories as shall appear to be charged, by common fame, with irregularities, were offered, and debated a considerable time.

"Friday morning, May 26th.-The Assembly resumed the unfinished business of yesterday, viz: the resolutions to cite to the bar of the next Assembly such inferior judicatories as shall appear to be charged, by common fame, with the toleration of gross errors in doctrine, and disorders in practice; and, after debate, the Assembly adjourned till the afternoon.

"Afternoon.-The Assembly resumed the unfinished business of the morning, viz: the resolutions to cite to the bar of the next Assembly such inferior judicatories as may be charged, by common fame, with the toleration of gross errors in doctrine, and disorders in practice; and, after debate, the previous question was demanded, and decided in the affirmative, by yeas and nays, as follows, viz:

"Shall the main question be now put?''

Then follow the yeas, 141; and the nays, 108.

"The resolutions were then adopted, by yeas and nays, as follows, viz:

"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 irregu larities.

"2. That a special committee be now appointed, to ascertain what inferior judicatories are thus charged by common fame, prepare charges and specifications against them, and to digest a suitable plan of procedure in the matter; and that said committee be requested to report as soon as practicable.

"3. That, as citations 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. Sect. 9th, of the Form of Government,' the members of said judicatories be excluded from a seat in the next Assembly until their case shall be decided."

Then follow the yeas, 128; and the nays, 122; non-liquet, 1.

"Resolved, That the committee to be appointed under the foregoing resolutions, consist of five members.

"Mr. Hay, for himself and others, gave notice of a protest against the foregoing reso

lutions.

"Mr. Cleaveland, for himself and others, gave notice of a protest against the resolutions, adopted on Thursday last, abrogating the Plan of Union.'

"Mr. Breckinridge gave notice that he would, to-morrow morning, offer a resolution to appoint a committee, to consist of equal numbers from the majority and minority on the vote to cite inferior judicatories, to inquire into the expediency of a voluntary division of the Presbyterian Church.

"Saturday morning, May 27th.-Agreeably to notice, given last evening, Mr. Breckinridge moved that a committee of ten members, of whom an equal number shall