Mr. Meredith. We indicated distinctly the portions of the minutes of the other party on which we should rely, and deem the same course requisite on the part of the opposite counsel; unless the court decide that the whole minutes of both parties shall be considered in evidence, at least, so far as the counsel shall choose to use them.

The Court decided that the minutes of both parties, so far as they were relevant to the case, were to be considered as now in evidence, large portions of both have been read by the respective parties. If hereafter any portions should be adverted to by the counsel which seem to be inadmissible, the Court will decide what portions are to be admitted, and what rejected.

Mr. Meredith.-We are content.

The following are the minutes particularly adverted to by the respondents' counsel.

The General Assembly of the Presbyterian Church in the United States of America met, agreeably to appointment, in the 7th 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. lx. 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 3d Presbytery of New York, then rose, and asked leave to offer the following preamble and resolutions:

"Whereas the General Assembly of 1837 adopted certain resolutions intended to deprive certain presbyteries of the right to be represented in the General Assembly; and whereas, the more fully to accomplish their purpose, the said Assembly of 1837 did require and receive from their clerks a pledge or promise, that they would, in making out the roll of commissioners to constitute the General Assembly of 1838, omit to insert therein the names of commissioners from said presbyteries;-and whereas the said clerks, having been requested by commissioners from the said presbyteries to receive their commissions and enter their names on the roll of the General Assembly of 1838, now about to be organized, have refused to receive and enter the same ;-Therefore

[For these resolutions see page 85 of this report.]

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 them 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:

[The roll follows.]

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.

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

"Resolved, That the roll be now completed by adding the names of all commissioners now present from the several presbyteries within the bounds of the synods of Utica, Geneva, Genessee 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, Genessee and the Western Reserve. The moderator then stated that they could not be received. Dr. Mason then formally tendered the commissions of commissioners from

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 Pres

bytery 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 Wilmington, 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:

[The roll here follows.]

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 the 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 Assembly, 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:

[See page 258 as before.]

Commissions were called for, and committed to the hands of the stated and permanent clerks.

Adjourned to meet in this place at 4 o'clock, P. M.

Concluded with prayer.

Respondents' counsel here alluded to a reference made in opening their case, to certain principles established by the Form of Government, and to some facts exhibited by the minutes of the Assembly in different years, the documents exhibiting which were not fully read at the time; and the reading was now waived, with the understanding that they would be adverted to in the argument as the counsel should think proper.

Judge Rogers remarked, that he considered the whole of the book containing the Form of Government, the minutes of the Assembly for the several years which had been adverted to by counsel on both

sides, and the book called the Digest, as in evidence, and subject to the use of the counsel in their argument.

Such parts of the documents at this time alluded to by the counsel for the respondents, as were subsequently adverted to in their arguments, and which do not appear on previous pages of this report, are here subjoined.

Form of Government, pp. 354–5.

CHAPTER IX.-OF THE CHURCH SESSION.

I. The church session consists of the pastor or pastors, and ruling elders of a particular congregation.

II. Of this judicatory, two elders, if there be as many in the congregation, with the pastor, shall be necessary to constitute a quorum.

III. The pastor of the congregation shall always be the moderator of the session; except when, for prudential reasons, it may appear advisable that some other minister should be invited to preside; in which case the pastor may, with the concurrence of the session, invite such other minister as they may see meet, belonging to the same presbytery, to preside in that case. The same expedient may be adopted in case of the sickness or absence of the pastor.

Pp. 364-5.

CHAPTER XII.-OF THE GENERAL ASSEMBLY.

[For sections I. II. III. of this chapter, see back, page 30; and for section VIII. see page 44.]

IV. The General Assembly shall receive and issue all appeals and references, which may be regularly brought before them from the inferior judicatories. They shall review the records of every synod, and approve or censure them: they shall give their advice and instruction in all cases submitted to them in conformity with the constitution of the church; and they shall constitute the bond of union, peace, correspondence, and mutual confidence, among all our churches.

V. To the General Assembly also belongs the power of deciding all controversies respecting doctrine and discipline; of reproving, warning, or bearing testimony against error in doctrine, or immorality in practice, in any church, presbytery, or synod; of erecting new synods when it may be judged necessary; of superintending the concerns of the whole church; of corresponding with foreign churches, on such terms as may be agreed upon by the Assembly and the corresponding body; of suppressing schismatical contentions and disputations; and, in general, of recommending and attempting reformation of manners, and the promotion of charity, truth, and holiness, through all the churches under their care.

VI. Before any overtures or regulations proposed by the Assembly to be estalished as constitutional rules, shall be obligatory on the churches, it shall be necessary to transmit them to all the presbyteries, and to receive the returns of at least a majority of them, in writing, approving thereof.

VII. The General Assembly shall meet at least once in every year. On the day appointed for that purpose, the moderator of the last Assembly, if present, or in case of his absence, some other minister, shall open the meeting with a sermon, and preside until a new moderator be chosen. No commissioner shall have a right to deliberate or vote in the Assembly, until his name shall have been enrolled by the clerk, and his commission examined and filed among the papers of the Assembly.

Pp. 366-8.

CHAPTER XIII.-OF ELECTING AND Ordaining RULING ELDERS AND DEACONS.

II. Every congregation shall elect persons to the office of ruling elder, and to the office of deacon, or either of them, in the mode most approved and in use in that congregation. But in all cases the persons elected must be male members in full communion in the church in which they are to exercise their office.

III. When any person shall have been elected to either of these offices, and shall have declared his willingness to accept thereof, he shall be set apart in the following manner:

ÏV. After sermon, the minister shall state, in a concise manner, the warrant and

nature of the office of ruling elder or deacon, together with the character proper to be sustained, and the duties to be fulfilled by the officer elect: having done this, he shall propose to the candidate, in the presence of the congregation, the following questions, viz:

1. Do you believe the Scriptures of the Old and New Testaments to be the word of God, the only infallible rule of faith and practice?

2. Do you sincerely receive and adopt the confession of faith of this church, as containing the system of doctrine taught in the Holy Scriptures?

3. Do you approve of the government and discipline of the Presbyterian Church in these United States?

4. Do you accept the office of ruling elder (or deacon, as the case may be,) in this congregation, and promise faithfully to perform all the duties thereof?

5. Do you promise to study the peace, unity and purity of the Church? VI. The offices of ruling elder and deacon are both perpetual, and cannot be laid aside at pleasure. No person can be divested of either office but by deposition. Yet an elder or deacon may become, by age or infirmity, incapable of performing the duties of his office; or he may, though chargeable with neither heresy nor immorality, become unacceptable, in his official character, to a majority of the congregation to which he belongs. In either of these cases, he may, as often happens with respect to a minister, cease to be an acting elder or deacon.

Pp. 386-7.

CHAPTER XIX.-OF MODERATORS.

I. It is equally necessary in the judicatories of the church, as in other assemblies, that there should be a moderator or president; that the business may be conducted with order and despatch.

II. The moderator is to be considered as possessing, by delegation from the whole body, all authority necessary for the preservation of order; for convening and adjourning the judicatory; and directing its operations according to the rules of the church. He is to propose to the judicatory every subject of deliberation that comes before them. He may propose what appears to him the most regular and speedy way of bringing any business to issue. He shall prevent the members from interrupting each other; and require them, in speaking, always to address the chair. He shall prevent a speaker from deviating from the subject, and from using personal reflections. He shall silence those who refuse to obey order. He shall prevent members who attempt to leave the judicatory without leave obtained from him. He shall, at a proper season, when the deliberations are ended, put the question and call the votes. If the judicatory be equally divided, he shall possess the casting vote. If he be not willing to decide, he shall put the question a second time; and if the judicatory be again equally divided, and he decline to give his vote, the question shall be lost. In all questions he shall give a concise and clear state of the object of the vote; and the vote being taken, shall then declare how the question is decided. And he shall likewise be empowered, on any extraordinary emergency, to convene the judicatory, by his circular letter, before the ordinary time of meeting.

III. The moderator of the presbytery shall be chosen from year to year, or at every meeting of the presbytery, as the presbytery may think best. The moderator of the synod, and of the General Assembly, shall be chosen at each meeting of those judicatories: and the moderator, or, in case of his absence, another member appointed for the purpose, shall open the next meeting with a sermon, and shall hold the chair till a new moderator be chosen.

Minutes of 1826, pages 37-40.

The committee to whom was recommitted the report on the propriety of making certain alterations in the existing rules which govern the proceedings of the General Assembly, and, if necessary, alterations in the constitution of our Church, recommended:

*

7. That in the Form of Government, chap. xii. sect. 7, the words "publicly read" should be exchanged for the word "examined." In favour of this amendment, the committee stated, that probably much time, which is now occupied by the whole Assembly in having the commissions publicly read, might be saved, and stricter order be observed, by the adoption of rules of the following import: That immediately after the opening of the General Assembly and the constituting of the house, a committee of commissions be appointed, with instructions; and that the house ad