ceding the former legal opinion, and granting to the defendants, the privilege of a new trial.

Under these circumstances, not only the two large bodies, each claiming to be "the Presbyterian Church in the United States," but the whole community, and especially all religious denominations in the country, as well as all connected with the legal profession are interested to know the facts, and the arguments on which these opposite conclusions are predicated, while many are desirous, irrespective of any interest in the result, to be acquainted with the testimony relating to the controversy, and to see the arguments, in a case of this magnitude, of gentlemen, so distinguished in their profession, as those who advocated the cause of the respective parties in this suit.

To make the work as perfect as possible in the particulars proposed, no practicable pains have been spared, and a much longer period has been occupied, than, with less regard to accuracy, would have been requisite, and particularly, has the assistance of the counsel in the cause been obtained, whenever it could be, in relation to that which pertained respectively to their own part of the case. In this respect special acknowledgments are due to Josiah Randall and George Wood, Esqs., for the relators, and F. W. Hubbell, Esq., for the respondents at Nisi Prius, and to Wm. M. Meredith and F. W. Hubbell, Esqrs., for the same parties respectively, before the Court in Bank. The argument of Mr. Randall before the Court in Bank is given only in the form of a succint statement, by that gentleman, of the points made in argument, this course having been preferred by him, as his absence, when it was needed for the press, prevented a revision of his argument as reported by the stenographer.

It may not be inappropriate to note the following facts connected with the early history of the Presbyterian Church; facts unquestioned, it is supposed, by all parties in the church, and which may, perhaps, to those unacquainted with them, throw some light on the occasion of the present divisions.

As early as the 6th of April, 1691, the Presbyterian and Congregational denominations in Great Britain, consummated a union of the two denominations, adopting what they called the "HEADS OF AGREEMENT," embracing a few cardinal principles, which were to govern them in their fraternal intercourse.

This Presbyterian and Congregational Union, sent over one of their number, Mr. M'Kemie, as a missionary to the new settlements in America, who, in connexion with Messrs. M'Nish, Andrews, Hampton, Taylor, Wilson and Davis, in 1704, formed the first presbytery in this country, the presbytery of Philadelphia. This presbytery was formed upon the principles which governed the London Association, by which Mr. M'Kemie was sent, and was composed partly of Presbyterian and partly of Congregational ministers and churches. [Mr. Andrews, the first pastor of the first church in Philadelphia, was a decided Congregational Presbyterian. That church was under the care of the presbytery sixty-four years, before they elected ruling elders.] This state of things continued until 1716, when the Synod of Philadelphia was formed out of the presbyteries of Philadelphia, New Castle, Snow Hill and Long Island, the last three having grown up after the formation of the first. The Church of Scotland, instead of imbibing those principles which resulted in the union of 1691, in London, and in the establishing of a modified Presbyterianism in America, solemnly bore their testimony against religious toleration.

In 1724, those ministers from Scotland, who, in the language of Dr. Miller, "were desirous to carry into effect the system to which they had been accustomed in all its extent and strictness," began to insist that the entire system of the Scottish

Church be received in this country. This led to the adopting act of 1729, which embodied the liberal principles of 1691, in such language as follows: "Although the synod do not claim, or pretend to any authority of imposing our faith on other men's consciences, but do profess our just dissatisfaction with, and abhorrence of such impositions, and do not only disclaim ali legislative power and authority in the church, being willing to receive one another as Christ has received us to the glory of God, and admit to fellowship in church ordinances, all such as we have grounds to believe that Christ will at last admit to the kingdom of heaven, yet we are undoubtedly obliged to take care that the faith once delivered to the saints, be kept pure and uncorrupt among us, and do therefore agree, that all the ministers of this synod, or that shall hereafter be admitted to this synod, shall declare their agreement in, and approbation of the Confession of Faith, with the Larger and Shorter Catechisms of the Assembly of divines at Westminster, as being in all essential and necessary articles, good forms and sound words, and systems of Christian doctrine, &c. And we do also agree, that the presbyteries shall take care not to admit any candidate but what declares his agreement in opinion with all the essential and necessary articles of said Confession. And in case any minister, or any candidate shall have any scruples with regard to any article of said Confession or Catechisms, he shall declare his sentiments to the presbytery or synod, who shall, notwithstanding, admit him to the exercise of the ministry within our bounds, if they shall judge his scruples or mistakes to be only about articles not essential and necessary in doctrine, worship, or government. And the synod do solemnly agree, that none of us will traduce or use any opprobrious terms towards 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 nothing had happened."

In 1730, an increased determination to the more rigid forms of adoption was manifested by the presbytery of New Castle, by the presbytery of Donegal, in 1732, and by a majority of the synod, in 1736, which met with such opposition as to result in the great schism, of 1741, and the organization of the Synod of New York, in 1745.

In 1758, the Synods of New York and Philadelphia were united; and in the 6th article of their union, they agreed to adopt the Confession of Faith, Catechisms and Directory, as they had been adopted in 1729.

In 1766, eight years after the union of the synod, under the name of the Synod of New York and Philadelphia, that body proposed a convention of delegates of the pastors of the Congregational, Consociated and Presbyterian Churches in North America, which was held annually for ten years, when it was interrupted by the American Revolution. In 1788, the General Assembly was organized, and in 1790, the Assembly, "being peculiarly desirous to renew and strengthen every bond of union between brethren so nearly agreed in doctrine and forms of worship, as the Presbyterian and Congregational Churches evidently are, do resolve, that the Congregational churches in New England, be invited to renew their annual convention with the clergy of the Presbyterian Church." This resolution resulted in the plan of correspondence with the Congregational bodies of New England, which still exists, and which provides that "every preacher travelling from one body to the other, and properly recommended, shall be received as an authorized preacher of the gospel, and cheerfully taken under the patronage of the presbytery or associa tion, within whose limits he shall find employment as a preacher."

In 1801, the two denominations produced another Plan of Union, which is the one so often alluded to in this trial, and is fully spread out in the following pages.

One or two errors in regard to matters of fact, obviously undesignedly committed, during the trial, although, of course, the editor is not accountable for them, yet, as they cannot affect the case, or be regarded as interfering with it, it may not be amiss to correct.

When Judge Rogers inquired, if the asseut of the General Association of Connecticut had been obtained to the repeal of the Plan of Union, it was replied, that "a communication had been sent to the Association requesting such consent, but no answer had been received." The fact was that a resolution was adopted by the Assembly to that effect, but the request was not presented to the Associa

tion, the commissioners from the Assembly not being furnished with the minutes for that year.

An error of some of the counsel, in regard to the profession of Presbyterial reports, may be corrected by the following statement.

The Presbyterial reports are made out according to forms prescribed and sent down; and the few presbyteries which add to that form a designation, (Con.) for Congregational, do so to show that certain ministers are pastors of Congregational Churches, having no connexion with the presbytery, altogether unlike the class of churches alluded to in the testimony as "initiate, &c.," in connexion with the excinded synods; which churches, in the presbyteries alluded to, are as fully under the care of the presbytery, as any others in their connexion. These presbyteries do not report at all the churches not connected with them, although some of their members (ministers) may be pastors of such churches. For example, in the Presbytery of Portage, Rev. Giles Doolittle is reported as SS., (stated supply,) but the church which he supplies, Hudson, a Congregational Church, is not reported at all. So with Rev. Joseph Merriam of the same presbytery, reported as pastor, but his church (Randolph) is not reported at all.

It is perhaps due to the respective parties, and may elucidate the state and prospects of the case, to give the subjoined fact:

In the Assembly, which met in the first church, May 20th, 1839, Judge Darling, from the committee of twelve, appointed on the 21st day of May, 1838, "to advise and direct in respect to any legal questions and pecuniary interests that might require attention during the ensuing year," reported that previous to the trial before Judge Rogers, at Nisi Prius, the committee were informed by one of their counsel, that John K. Kane, Esq., one of the trustees of the General Assembly, and who was of counsel for the respondents, had stated to him that those he represented were disposed to adjust, amicably and equitably, all matters in controversy in this cause, and had requested him to ascertain what terms the committee would propose, as a basis for an amicable division of the Presbyterian Church, and the final adjustment of all the matters in dispute between the Reformed and Constitutional General Assemblies. Keeping in view the resolution of the General Assembly of 1838, viz.: "That this body is willing to agree to any reasonable measures tending to an amicable adjustment of the difficulties in the Presbyterian church, and will receive, and respectfully consider, any propositions made for that purpose,"-they waived all exceptions which might have been taken to enter into negotiation with, or to making propositions to, an irresponsible individual, and promptly requested their counsel to furnish Mr. Kane with a copy of the following articles.

ARTICLES OF AGREEMENT PROPOSED.

"In order to secure an amicable and equitable adjustment of the difficulties existing in the Presbyterian church in the United States of America, it is hereby agreed by the respective parties, that the following shall be articles on which a division shall be made and continued.

Article I. The successors of the body which held its sessions in Ranstead Court, shall hereafter be known by the name and style of "The General Assembly of the Presbyterian Church in the United States of America:" The successors of the body which held its sessions in the First Presbyterian Church, shall hereafter be known by the name and style of "The General Assembly of the American Presbyterian Church."

Article II. Joint application shall be made by the parties to this agreement, to the legislature of Pennsylvania, for a charter to incorporate trustees of each of the respective bodies, securing to each the immunities and privileges now secured by the existing charter to the trustees of the General Assembly of the Presbyterian Church in the United States of America; subject, nevertheless, to the limitations

and articles herein agreed on; and when so obtained, the existing charter shall be surrendered to the state.

Article III. Churches, ministers, and members of churches as well as presbyteries, shall be at full liberty to decide to which of the said Assemblies they will be attached; and in case the majority of legal voters of any congregation shall prefer to be connected with any presbytery connected with the Assembly to which their presbytery is not attached, they shall certify the same to the stated clerk of the presbytery, which they wish to leave, and their connexion with said presbytery shall thenceforth cease.

Article IV. The Theological Seminary of Princeton, the Western Theological Seminary, the Board of Foreign Missions, the Board of Domestic Missions, the Board of Education with the funds appertaining to each, shall be the property and subject to the exclusive control of the body which according to this agreement, shall be chartered under the title of "the General Assembly of the Presbyterian Church in the United States of America."

This agreement shall not be considered a secession on the part of either body, from the Presbyterian Church in the United States of America, but a voluntary and amicable division of this church into two denominations, each retaining all the ecclesiastical and pecuniary rights of the whole body, with the limitations and qualifications in the above articles specified."

The only reply which the committee received to these propositions was, that they could not be accepted, but that the Old School party would agree that the members of the Constitutional General Assembly, and all who adhered to this General Assembly, should be at liberty to leave the Presbyterian Church without molestation from them, and that they should not be called Seceders.

The following appears on the minutes of the Assembly which met in Ranstead Court, May 21, 1839:

Be it resolved by the General Assembly of the Presbyterian Church in the United States of America,

I. That this body considers itself and the church at large, bound, as both have been, not only willing, but desirous to adjust all claims against the corporate property of the church, whether legal or equitable, in the most prompt, fair, and liberal manner.

II. That this is especially the case touching any claims which may exist on the part of the four Synods of Utica, Geneva, Genessee, and Western Reserve, declared in 1837 to be no part of the Presbyterian Church or on the part of those who seceded from the church in 1838; or on the part of any body constituted out of the whole or any part of these elements. And that in regard to all and each of these bodies and persons, the Assembly will faithfully adhere to any pledge or promise, express or implied, which it can justly be construed ever to have made, and will fulfil every expectation which it knowingly allowed to be cherished.

III. The trustees of the Assembly are hereby authorised and requested to do on the part of this Assembly, should occasion offer, whatever is lawful, competent, and equitable in the premises, conformable to the principles and in the manner heretofore laid down* in the minutes of this Assemb y for 1837 and 1838, so far as relates to the corporate property of the church, or any equities springing out of

the same.

IV. With reference to all institutions, corporations, congregations, and other public persons or bodies in connexion with us, but holding property for ecclesias

An act was adopted by the Assembly in Ranstead Court, May 30th, 1838, directing that minorities of presbyteries, sessions, and churches should be considered as the true presbyteries, in cases when the majority "decline or fail to adhere to the Presbyterian Church on the basis of the Assemblies of 1837 and 1838." The following clause of sec. 5 of that act is all that I find in the minutes of that body, to which allusion can be made, in these resolutions, subsequent to the excinding resolutions of 1837 :

"In regard to the temporal interests of the churches, and the difficulties which may arise on their account, the Assembly advise that, on the one hand, great liberality and generosity should mark the whole conduct of our people, and especially in cases where our majorities in the churches are very large, or our minorities are very small while on the other hand, it would advise, that providential advantages, and important rights, ought not in any case to be lightly thrown awav."-[ED.]

tical purposes or for religious and benevolent uses, which property is not subject to the control of the Assembly, although the said persons, institutions or congregations may be in all such cases where difficulties relating to property have arisen or shall arise, in consequence of the long and painful disorders and divisions in our church, we advise all our members and friends to act on the general principles heretofore laid down, and with the spirit of candour, forbearance, and equity which has dictated this act.

V. The Assembly reiterates the declaration that its chief desire, on all this part of our church troubles, is to do even and ready justice to and between all persons and interests over which it has any control or in regard to which it has any duty to perform.

Having endeavoured faithfully to execute the task, reluctantly assumed at the 'earnest solicitation of others, and at an expense of time and a sacrifice of other interests, which, had they been anticipated, would certainly have prevented the attempt, I might consider myself released from any further obligation respecting it. But I cannot readily dismiss the reflection, that in preparing these pages I have been occupied about controversies, the belligerent contests of brethren, with whom I have been associated in the same branch of the church of the Prince of Peace, for about twenty years, and for more than fifteen years in the ministry of reconciliation, in the same church. With many of those now ranged in the one and the other of these "hostile bands," I have in former years "taken sweet counsel," as together we contemplated the mild but rich glories of the gospel of peace, or concerted measures for extending its benign ministry among the poor and perishing. If any choose to call it weakness, I would not therefore wish to conceal the fact, that though not easily moved to tears, I have, more than once, wept over this painful scene of contention and strife. Compelled, in the revision of the several portions of the following work, to have the subjects, and the occasions of the strife passing under my notice, how often have I most earnestly desired to reach the hearts of those thus ranged in hostility, with the expostulation, "Sirs, ye are brethren!"

Whatever may be the present aspect of the controversy, whatever its immediate results, whatever developments of the imperfections of good men, it may occasion, or whatever unveiling of the deformities of bad men, in the church; JEHOVAH will ultimately vindicate the cause of truth and righteousness. That is his cause. Those who are sincerely and intelligently associated with that cause, devoted to its interests, consecrated to its advancement; they shall ultimately triumph. That all, who, from any motive, shall look into these pages, may be led to "pray for the peace of Jerusalem," and may "prosper" with those "that love her," is the sincere prayer of their servant for Christ's sake,

D. W. LATHROP.