Witness. I do not know, but believe it first came from the neighbourhood of my respected friend here (Dr. Peters.) The term has been used a long time.

Respondents' counsel here read in evidence, from the Assembly's Digest, page 118, the second of "three articles" selected from the Plan of Union adopted by the Synods of New York and Philadelphia in 1758, from the minutes of the United Synod, page 3, as follows:

II. That when any matter is determined by a major vote, every member shall either actively concur with, or passively submit to, such determination; or, if his conscience permit him to do neither, he shall be at liberty modestly to reason and remonstrate, and 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.

Mr. William Wilson, called by respondents' counsel, interrogated by Mr. Hubbell, said: I was a delegate from the Presbytery of New Brunswick, to the General Assembly of 1838. I attended at the opening of that Assembly in May.

(Witness here described, as several others did, the position which he occupied in the house, by referring to a plan of the church presented by counsel.)

I was on the west side of the centre aisle, six or seven pews from the front, next the pulpit. I am a ruling elder of the Presbyterian Church. Mr. Cleaveland was close by where I sat. He had some paper in his hand, which he attempted to read. He said he meant no discourtesy, but that "we have been advised by learned counsel that this is the place in which we must organize." I did not know who "we" meant. I sat by the door of the pew, next the aisle. He was called to order by the moderator. Several voices near the moderator, and in different parts of the house, called him to order, and one person urged him to proceed. It was in a low, but seemingly earnest tone, urging him to go on. In the course of his remarks, he moved that Dr. Beman take the chair, which was seconded by some person, who I did not know, in the same quarter. When he had put the motion, there was a very loud "Aye," which rung through the whole church. From the manner of the sound filling the whole house, my impression was that some of the voices came from the galleries. The calls to order were repeated and continued. The moderator used his mallet, and used some words which I did not exactly hear, and finally sat down. Dr. Beman, who sat at the door of the pew with Mr. Cleaveland, then came out of the pew into the aisle, and passing down the aisle a little space, took his station. there. I did not hear the question on his motion reversed. I am certain I was so near him that I should have heard it, if it had been reversed. It was not reversed. There was then a move further back in the house. Dr. Beman was then between the mass which seemed to be moving back and the moderator's chair. I heard the calls to order. They were very loudly made. That is the chief that I can tell, as I kept my seat for the whole time. I heard noise, confusion, and very loud "ayes," but no "noes." I did not vote. I heard afterwards the voices, which appeared to be much nearer

the north door of the house. A great number had then gone out of the house. An individual proclaimed that the General Assembly of the Presbyterian Church would meet at the First Presbyterian Church, on Washington Square, immediately or forthwith. I knew nothing about Dr. Fisher's being elected moderator, except that I heard it by common fame. The whole of this movement occupied but a very few minutes, perhaps not more than five. Its manner was very hasty, and the proceedings were had with great rapidity. A gentleman in the same pew with Mr. Cleaveland, and whom I was informed was Dr. Wm. Patton, made a motion. He was on the side of the aisle just opposite to where I sat. I recollect that gentleman arose, after the moderator had opened the Assembly with prayer, and stated that then was the time for the clerks to proceed with the roll. He offered a paper, which he stated to be in connexion with the roll. The moderator declared it to be out of order at that time. He appealed, and the moderator, for the same reasons that he had declared the first motion to be out of order, declared the appeal to be out of order. I understood him so. I may not have given the exact words. Another gentleman presented a paper of the same kind after the roll had been read, which the moderator declared to be out of order. The vote taken on the question was a shout of "aye." The whole was conducted in a peaceable manner, that is, I mean actually peaceable; but it was not conducted in an orderly manner. When these two gentlemen arose, I mean the first two, I considered them orderly. I believe that I have stated all that I know. The first question was put to the house. I did not hear any others put. I did not act with them. It was necessary to pay very close attention, in order to understand what was going on; and I presume that much of the time there were some present that did not hear the transactions. There was considerable applause when they retired, something like cheering. I could observe at the same time numbers in the gallery moving toward the place where they went.

Here the defendants' counsel offered in evidence and read from the minutes of the New School Assembly of 1838, p. 663-7, a part of the pastoral letter, as it is called, and the court decided at the instance of the opposite counsel that the whole was to be considered in evidence. It is as follows:

Pastoral Letter to the Churches under the care of the General Assembly. Beloved in the Lord.-It is well known as a matter of history, that the Presbyterian church in our nation commenced in the union of pious natives and foreigners of Congregational and Presbyterian origin. These differences, in her early and feeble state, occasioned no interruption of her peace and efficiency. But as her members increased, they produced contentions, which resulted in the violent expulsion of one synod by another, and a separation of seventeen years.

The terms of reunion were, a subscription of the Confession of Faith, "as containing the system of doctrine taught in the Holy Scriptures," notwithstanding any such "scruples with respect to any article or articles of said Confession, as the presbytery or synod shall judge not essential or necessary, in doctrine, worship or discipline;" and "the synod do solemnly agree that none of us will traduce or use any opprobrious terms of those who differ from us in those 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."

By this "plan of union," the peace of the church was restored, and her prospe

rity augmented, though from some circumstances the administration of her policy was continued without envy, in the hands of the immigrant Presbyterian portion of the church.

When the tide of population began to roll westward, and the territories of our church were fast filling up with pious emigrants from the East, a proposal was made by the General Assembly of our church to the Association of Connecticut, to permit the union of the same church of Presbyterians and Congregationalists in the new settlements, for the greater facility of supporting and extending the institutions of religion. This union, so congenial with the spirit of the gospel, exerted for a long time an auspicious influence, in the extension of Presbyterian churches from the Hudson to the Mississippi.

But at length, in the mysterious providence of God, it came to pass that the very causes of our prosperity became the occasions of disaster. For, in the rapid multiplication of new states and Presbyterian churches, it soon became apparent that native American Presbyterians must unavoidably become a majority of the church; and though the slight variations of doctrine and policy created no alarm while the helm of power was supposed to be safe, the prospect of its passing to other hands created a strong sensation.

About this time a plan of union was formed with the Associate Reformed church, and a considerable accession was made to our church from that body; and, soon after, the system of ecclesiastical organization commenced for the administration of the charities of the church, with increasing unfriendliness to voluntary associations, till the one was established and the others were disclaimed and opposed.

During the progress of these movements, the slight shades of doctrinal difference, always known and permitted to exist in the church, before and since the adopting act, and recognized in every form, as consistent with the Confession of Faith and the unity of the Spirit in the bonds of peace, became the occasions of alarm, and whisperings, and accusations, and at length of ecclesiastical trials for heresy; while doctrines and measures unknown to the confession were selected as tests of orthodoxy.

As the results of these efforts to change the terms of subscription and union, the General Assembly of 1837, "convinced that a separation of the parties was the only cure," and "that a separation by personal process was impossible, or, if pos sible, tedious, agitating and troublesome in the highest degree," proceeded without charges, citation, witnesses or a judicial trial, to separate four synods and one presbytery from the Presbyterian church. In these circumstances, apprised by counsel of the unconstitutionality of the disfranchising act, and advised of a constitutional mode of organization, we did, in a meeting for consultation and prayer, on the 15th day of May, 1838, send the following proposal to a large number of commissioners to the Assembly met in another place, viz :

"Resolved, That while we regard with deep sorrow the existing difficulties in our beloved church, we would fondly hope that there are no insurmountable obstacles in the way of averting the calamities of a violent dismemberment, and of securing such an organization as may avoid collisions, and secure the blessings of a perpetual harmonious action.”

"Resolved, That we are ready to co-operate in any efforts for pacification which are constitutional, and which shall recognize the regular standing and secure the rights of the entire church, including those portions which the acts of the last General Assembly were intended to exclude."

"Resolved, That a committee of three be now appointed, respectfully to communicate the foregoing resolutions to those commissioners now in session in this city, who are at present inclined to sustain the acts of the last General Assembly, and inquire whether they will open a friendly conference for the purpose of ascertaining if some constitutional terms of pacification may not be agreed upon."

While this proposal was under consideration, it was resolved by the meeting, "That, should a portion of the commissioners to the next General Assembly attempt to organize the Assembly, without admitting to their seats commissioners from all the presbyteries recognized in the organization of the General Assembly of 1837, it will then be the duty of the commissioners present to organize the General Assembly of 1838, in all respects according to the constitution, and to transact all other necessary business consequent upon such organization." To our communication we received the following answer:

"The committee on the communication from the meeting of commissioners," now in session in the lecture room of the First Church, presented the following preamble and resolutions, which were adopted: viz.:

Whereas the resolutions of the meeting,' whilst they profess a readiness to

co-operate in any efforts for pacification, which are constitutional,' manifestly proceed upon the erroneous supposition that the acts of the last General Assembly, declaring the four Synods of the Western Reserve, Utica, Geneva and Genessee out of the ecclesiastical connexion of our church, were unconstitutional and invalid, and the convention cannot for a moment consent to consider them in this light; therefore,

Resolved unanimously, That the convention regard the said overture of the meeting,' however intended, as founded upon a basis which is wholly inadmissible, and as calculated only to disturb that peace of our church, which a calm and firm adherence to those constitutional, just, and necessary acts of the last General Assembly, can alone, by the blessing of Divine Providence, establish and secure.

Resolved, That, in the judgment of the convention, the resolution of the last General Assembly, which provides, in substance, that all churches and ministers within the said four synods, which are strictly Presbyterian in doctrine and order, and wish to unite with us, may apply for admission into those presbyteries belonging to our connexion which are most convenient to their respective locations; and that any such presbytery as aforesaid, being strictly Presbyterian in doctrine and order, and now in connexion with either of the said synods, as may desire to unite with us, are directed to make application, with a full statement of their case, to the next 'General Assembly, which will take order therein,' furnishes a fair and easy mode of proceeding, by which all such ministers, churches, and presbyteries, within the said synods, as are really desirous to be recognized' as in regular standing with us, and as proper parts of our entire church,' may obtain their object without trouble and without delay."

By this answer, all prospect of conciliation or an amicable division being foreclosed, we did, after mature consideration and fervent prayer, proceed, at a proper time and place, to organize, in a constitutional manner, the General Assembly of 1838; which, being accomplished on our part, without violence or tumult, the Assembly adjourned to the First Presbyterian Church.

During the session of the Assembly, on Wednesday, May 24th, the following resolution was passed, viz:

"Resolved, That this body is willing to agree to any reasonable measures, tending to an amicable adjustment of the difficulties existing in the Presbyterian Church, and will receive and respectfully consider any propositions which may be made for that purpose."

Beside these overtures for peace, influential members of the Assembly held personal conference with members of the other body, till it was ascertained that there was no hope of an amicable settlement of differences.

In the retrospect of this mournful history, we are compelled to regard the excision of the four Synods and the Third Presbytery of Philadelphia, with the setting up a new test of doctrine and measures, as an exercise of power by the Assembly unknown to the constitution, and dangerous to the purity and liberty of the church, perpetuating to an accidental majority unlimited and irresponsible power, and affording to minorities only such protection as may be found in passive obedience and non-resistance.

We could not fail to perceive, in a General Assembly concentrating in itself legislative, judicial, and executive power, and dispensing the discipline, the honours, and the copious revenues of the church, the elements of an ecclesiastical organization, which, with less pretension in the beginning, had once, for more than ten centuries, subverted the liberties and rolled back the civilization of the world.

To have acquiested in such concentration of irresponsible ecclesiastical power and patronage, would have been to abandon the constitution of the church, which we had solemnly engaged to defend; to expose large amounts of property to diversion from its intended use, to subject the churches to a wide-spread, vexatious litigation; to abandon to aggression and division, a large and efficient body of concordant churches with their pastors; to surrender rights of conscience, and free inquiry, and charitable enterprise, to an organization never recognized by Heaven as their keeper, or clothed by our constitution with their power; and, finally, to throw apparently the example of our extended and powerful church—the patron, hitherto, of constitutional liberty-on the side of those elements of strife and viclence, which already so powerfully agitate the nation.

We love and honour the Confession of Faith of the Presbyterian Church, as containing more well-defined fundamental truth, with less defect than appertains to any other human formula of doctrine, and as calculated to hold, in intelligent concord, a greater number of sanctified minds than any which could now be formed;

and we disclaim all design, past, present, or future, to change it. But it is not the Bible, nor a substitute for the Bible, nor a stereotyped page, to be merely committed to memory, by unreflecting, confiding minds, without energy of thought, and a prayerful, faithful searching of the Scriptures. It is itself an illustrious monument of the independent investigation of the most gifted minds, and breathes and inspires the spirit which formed it.

We impute to our brethren no intention of producing the results which we anticipate from their measures, but good intentions do not change the nature or avert the mischiefs of erroneous principles and injurious actions. It is a matter of history, that some of the greatest calamities of the church have flowed from principles and innovations introduced by good men, and with the best intentions.

And now, beloved brethren, we beseech you to unite with us in thanksgiving to God, for the harmony, and kind feeling, and decision, which have pervaded our deliberations and action, and for those wide-spread and exuberant effusions of the Spirit the past year, which, amid unusual sorrows, and fears of deserved judgments, have caused the tide of spiritual prosperity to flow deep and broad, the expression of sovereign mercy and the pledge of future love.

It is our desire and expectation that ye will persevere in well doing, and not be seized with any sudden amazement, through manifold temptations and trials of your faith and patience, and that you will not be moved away from the gospel which ye have heard, and the "form of sound words" and salutary discipline, so influential in our past prosperity.

We exhort that fervent charity be maintained among you, and a spirit of prayer for the continued presence and power of the Holy Spirit, and devotedness to those labours which God especially employs for the promotion of revivals of religion, the great end of all means, and the comprehension of all spiritual good.

But while these things are faithfully done, we pray you that other duties of imperious obligation and urgent necessity be not neglected; particularly that your charity for Home and Foreign Missions, and the education of a holy ministry, and for all our long-cherished voluntary associations, be not suffered to decline, but rather to flow on with augmented power, and faith, and prayer.

That especial care be taken to send and sustain a full representation of the Church, as a means of a mutual communication of knowledge, the culture of confidence, and the production of wise counsels.

And now, brethren, we commend you to Him who is "able to keep you from falling, and to present you faultless before the presence of his glory with exceeding joy, praying "that ye might be filled with the knowledge of his will, in all wisdom and spiritual understanding, that ye might walk worthy of the Lord unto all pleasing, being fruitful in every good work, and increasing in the knowledge of God; strengthened with all might according to his glorious power, unto all patience and long-suffering with joyfulness."

"Now our Lord Jesus Christ himself, and God, even our Father, which have loved us, and given us everlasting consolation and good hope through grace, comfort your hearts, and establish you in every good word and work."

Philadelphia, May 25th, 1838.

SAM'L FISHER, Moderator.
ERSKINE MASON, Stated Clerk.

The Counsel for the respondents proposed next to read in evidence, from the minutes of the General Assembly of 1837, to establish the position that a wide difference of opinion obtained between the two parties in "doctrinal tenets."

Objection was made, on the ground that the investigation was irrelevant. The Counsel for the relators claiming that no such difference as alleged existed, that they were prepared for an investigation of the subject, but considered it as precluded by early decisions of the Court, and by the very nature of the case now pending.

Mr. Hubbell, for the respondents, alleged that he considered it an important part of their case, and had accordingly given it prominence in his opening speech.

Judge Rogers. I know that you did so, and I then notified you that it had no possible bearing on this case. We have nothing to