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the execution of the orders passed at the last two Assemblies on the subject of slavery and loyalty, and with reference to the conducting of missions in the Southern States; and with regard to the ministers, members, and churches in the seceded and border States."

Seventh. "That we will withhold our contributions from the Boards of the Church (with the exception of the Board of Foreign Missions), and from the Theological Seminaries, until these institutions are rescued from the hands of those who are perverting them to the teaching and promulgation of principles subversive of the system which they were founded and organized to uphold and disseminate. And we will appropriate the moneys thus withheld in aid of those instrumentalities which may be employed for maintaining and defending the principles affirmed in this declaration against the errors herein rejected, and in assisting the impoverished ministers and churches anywhere throughout the country, who agree with us in these essential doctrines, in restoring and building up their congregations and houses of worship.'

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Eighth. We recommend that all ministers, elders, church sessions, Presbyteries, and Synods, who approve of this Declaration and Testimony, give their public adherence thereto in such manner as they shall prefer, and communicate their names, and, when a church court, a copy of their adhering act.'

To this document are appended forty-one names of ministers and seventyeight names of ruling elders-in all, one hundred and nineteen-of whom eleven are ministers and members of the Louisville Presbytery.

Such is the tenor and spirit of the act which has been adopted, as we have no reason to doubt, by a majority of the said Presbytery, and which has been published and extensively circulated for months past. Its character lies upon its surface. It is not simply an expression of disagreement with the vast majority of the Church to which this Presbytery belongs, on the subject of loyalty and slavery, nor a public protest against what they might regard as seriously erroneous or unconstitutional in the teachings or decisions of the General Assembly. Such a right of protest, public or private, by individuals or ecclesiastical bodies, is the birthright of Presbyterians. It is not even a refusal to sustain the General Assembly, and a renunciation of all obligation to support the organizations by which our Church seeks to maintain and extend the gospel among men. Nor is it an act of rebellion simply against the constituted ecclesiastical authorities, to which, in his ordination vow, every Presbyterian minister has solemnly "promised obedience in the Lord."

It is an organized conspiracy against the honor, the peace, and the unity of that part of the body of Christ in which they still claim the rights and privileges of membership. It is a violent and studied disruption of the Christian bonds which they desire to be yet unbroken; a bold denial of mutual obligations by men who demand for themselves the full enjoyment of covenanted engagements, without the poor merit of a rebellion which scorns obedience, proudly defies power, and challenges authority to meet it in the field of deadly conflict: this is the act of men who wear the garb of friends that they may more efficiently do the work of enemies.

While claiming membership in the Presbyterian Church and representation in this Assembly, they denounce that Church as apostate; its highest court as the support of heresy, the abettor of despotism, the fomentor of discord, the prime leader in a destructive schism! Under the form of refusing to support they set themselves to undermine every living instrumentality of the Church in harmony with the Assembly, from the minister to the com

mon-school teacher. They withhold their contributions from the Boards and Seminaries, that they may expend them in advancing the ends of this conspiracy-in sustaining such ministers and churches as will co-operate in their conspiracy! Sitting as a court of our Church in connection with our Assembly, they organize themselves into a head-centre of treason to the Church, and invite other courts to send in their "adhering acts.'

The second subject submitted to the consideration of your committee is the bearing of this action of the Presbytery of Louisville upon its right to representation in this body.

Our constitution prescribes (see Discipline, chap. v., sect. 9) that "when a member of a church judicatory is under process, it shall be discretionary with the judicatory whether his privileges of deliberating and voting, as a member, in other matters shall be suspended until the process is finally issued or not. The principle of this rule has been applied by former Assemblies to such cases as that now before your body.

Thus the Assembly of 1837 Resolved, "That agreeably to a principle laid down, book ii., chap. v., sect. 9, 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." (See Assembly's Digest, 2d edition, book vii., title 3, page 726.) A protest against this was entered on the records as follows: This Assembly has no power, by their vote, to deprive commissioners duly elected from a seat in the next Assembly, because that Assembly has the exclusive right of judging of the qualifications of its own members, &c.” Even this protest admits the right to exclude in the case in hand.

To this protest (with reference to "the next Assembly") our supreme judicatory replied as follows: "The General Assembly, by its very constitu tion, is regarded as having a general control of the whole Church, and in its conservative character shall superintend all of its concerns. It is believed that the initiatory steps contemplated by the resolutions authorizing a committee to designate inferior judicatories who may have been guilty of irregularities, to cite them, and report as soon as practicable to this Assembly, do not infringe the spirit or letter of the inherent powers of the General Assembly. And the great principles of analogy would obviously dictate that the members of the inferior judicatories upon whom these preparatory measures are supposed to operate, should not be permitted to sit in the next General Assembly until their cases should be decided. If there. be any sound principle contained in the clause, and the uniform practice which excludes an interested judicatory from voting, that principle and that practice should be applied to the members of such inferior judicatories as may be affected by these resolutions. This view of the subject is exceedingly strengthened by the fact that express power is vested in our judicatories to exclude at will their own members when on trial before them." (See answer to protest, Assembly's Digest, sect. 127, p. 728.)

In all cases of appeal and complaint it is a common-sense principle, as well as a constitutional law of our Church, that none of the members of the judicatory, whose act is complained of or appealed from, can vote in the superior judicatory on any question connected with their own case. (See Discipline, chap. vii. sect. 3; xii., sect. 4, 7.) In cases of review and control our Book prescribes no rule on this subject; commonly, perhaps, the question of right is not thought of; the exercise or neglect of it is immaterial. "But it may be," as remarked in Discipline (chap. vii., sect. 1, 3), "that, in the course of review, cases of irregular proceedings may be found so disreputable and injurious as to demand the interference of the superior judicatory." In such circumstances the principle adopted in cases of appeal

and complaint must obviously be applied. The gravest questions, involving not merely constitutionality of proceedings, but the doctrinal soundness or moral character of the body whose records are reviewed, may arise in the course of such review by a superior judicatory. In such cases "it is incumbent on them," as our Discipline declares, “to examine, deliberate, and judge in the whole matter.

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The members of such subordinate judicatory are then their records, or upon common fame. This judicatory, with its representatives, is under process" from the moment the superior court has taken a step tending to the exercise of discipline. For what is "process" but that course of action, from beginning to end, which aims to secure the ends of discipline? Where citation is issued the citation is, as the Assembly has said, "the commencement of a process involving the right of membership in the Assembly." (Digest, book vii., title 3, page 726.) But there may arise contingencies of such a character as to forbid citation.

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The judicatory alleged to have offended is cited "to show what it has done, or failed to do." (Discipline, chap. vii., sect. 1, 5.) But the records themselves may sufficiently show what it has done," and the circumstances of the case may require the earliest decision compatible with our constitution. As a matter of course, a judicatory under process of trial retains unimpaired its right to be heard through its representatives, or otherwise, in selfdefence. Though it cannot and should not claim a seat on the bench as an associate judge, it may and must be heard at the bar, in person or by counsel. Third. This committee is directed to ": recommend what course of action, if any, the General Assembly should take with regard to the said Presbytery of Louisville.

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Were the case before us one of ordinary character, the proper course of proceeding would be that prescribed in our Book of Discipline (chap. vii., sect. 1, 4): "The judicatory next above" that which has offended (in this instance the Synod of Kentucky) should have cited the Presbytery to appear and answer, and should have issued the case. But it appears from an appeal and complaint against this Synod, now in the possession of this house, in reference to the transactions of the Louisville Presbytery in question, that the Synod of Kentucky refused or declined to take action in the premises; or at least that it failed to "cite" the Presbytery before its bar.

There is reason to fear that besides the injury to the churches in the infected region resulting from undue delay in the settlement of so grave a question, additional complications might arise, and the leaven of rebellion become far more widely diffused. A little leaven leaveneth the whole lump;" purge out therefore the old leaven, that ye may be a new lump, as ye are unleavened."

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To the General Assembly belongs the power," by the express provisions of our constitution (chap. xii., sect. 5), of deciding in all controversies respecting doctrine and discipline," and "of suppressing schismatical contentions and disputations." In the General Assembly the whole Church is called to sit in judgment on the acts of a part." (Discipline, chap. vii., sect. 1.) It possesses, therefore, whatever power belongs to the Church, being the highest instrumentality through which the Church acts. Its methods of action are conditioned only by such express limitations as the Church has imposed on herself in her constitution.

Hence, as our supreme court has decided, "any supposed restriction of the right of the General Assembly to cite any other inferior judicatories but Synods," for example, "is explained by the comprehensive character of the fifth part (chap. vii. sect. 1, 5), "which assigns to the superior judicatory

power to examine, deliberate and judge in the whole matter as completely as if it had been recorded, and thus brought up by the review of the records." (Assembly's Digest, 2d edition, book vii., sect. 127, page 728.)

The power of the Assembly, then, to act directly and conclusively in the case before them is clear and unquestionable. The necessity for prompt and decisive action is apparent in view of the position assumed by the Presbytery of Louisville in the paper under consideration, as well as in view of the fact that the Synod of Kentucky has failed to act in the premises. Your committee, therefore, recommend the adoption of the following measures, viz.:

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

First. That the Presbytery of Louisville be and hereby is dissolved, and that the custody of its records, papers, and other property be transferred as hereinafter ordered.

Second. That a new Presbytery be and is hereby constituted, to be known by the same name, occupy the same territory, and have watch and care of the same churches: said Presbytery to be composed of the following ministers (together with so many elders as may appear), viz.: Rev. D. T. Stuart, W. W. Hill, S. Williams, W. C. Matthews, R. Valentine, B. H. McCown, J. H. Dinsmore, H. C. Sachse, T. A. Hoyt, J. L. McKee, J. P. McMillan, J. McCrae, H. T. Morton, J. C. Young, or so many of them, whether ministers or ruling elders, as shall, before their organization, subscribe the following formula, viz. : "I do hereby profess my disapproval of the Declaration and Testimony adopted by the late Presbytery of Louisville, and my obedience in the Lord to the General Assembly of the Presbyterian Church in the United States," which formula, together with the subscribers' names, shall be subsequently entered upon these records. The said Presbytery shall meet in the Chestnut Street Church in the city of Louisville, Kentucky, on the 20th day of June, 1866, at the hour of 11 o'clock A.M., and shall be opened with a sermon by the Rev. J. P. McMillan, or in his absence the oldest minister present, who shall preside until a Moderator is chosen.

Third. That so many ministers belonging to the late Presbytery of Louisville as are not herein named, are hereby directed to apply for admission to the Presbytery now constituted as soon after its organization as practicable, and they shall be received only on condition of acknowledging before the Presbytery their error in adopting or signing the Declaration and Testimony, and of subscribing the aforesaid formula on its records. If, at the expiration of two months from the organization of the new Presbytery, these ministers shall not have made such application, or shall not have been received, their pastoral relations, so far as any may exist with the churches under our care, shall thenceforth be ipso facto dissolved.

Fourth. That the licentiates and candidates under the care of the dissolved Presbytery are hereby transferred to that now constitutod, and the Stated Clerk of the late Presbytery is hereby directed to place the records and other papers of the said Presbytery in the hands of the Stated Clerk of the Presbytery now constituted, as soon as such clerk shall be chosen.

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Fifth. That this General Assembly, in thus dealing with a recusant and rebellious Presbytery, by virtue of the plenary authority existing in it for suppressing schismatical contentions and disputations," has no intention or disposition to disturb the existing relation of churches, ruling elders, or private members; but rather to protect them in the enjoyment of their

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rights and privileges in the Church of their choice, against men who would seduce them into an abandonment of the heritage of their fathers.

D. V. MCLEAN, Chairman, Thomas E. Thomas, Thomas W. Hynes, D. J. Waller, Hovey K. Clarke, Samuel Galloway, R. P. Davison, Committee. ST. LOUIS, MO., May 24, 1866.

The committee recommend the adoption of the following order:

That on the hearing of the matters presented by this report, the commissioners to this Assembly from the Presbytery of Louisville be heard, subject to the rules of order which govern this house. This recommendation was adopted.

In reply to the recommendation of the committee that the commissioners from Louisville Presbytery be heard, the following communication was received and read, as follows:

The undersigned, commissioners from the Presbytery of Louisville, who happen not yet to have left the city-overlooking, in the spirit of Christian forbearance, the insult and seeming mockery of the Presbytery and themselves in a proposition to appear and be heard before a court which has already condemned them unheard-in response to the resolution of this afternoon, transmitted to them by the Permanent Clerk of the General Assembly, most respectfully refer the Assembly to their letter of May 19th as containing very obvious and sufficient reasons why they could not, without further special instructions from their Presbytery, appear before the present Assembly in any capacity.

ST. LOUIS, MO., May 24, 1866.

SAMUEL R. WILSON,

C. A. WICKLIFFE, STUART ROBINSON, by James H. Brookes.

During the progress of the discussion several amendments were offered, which were, on motion, admitted to record, as follows:

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EDWARD P. HUMPHREY, D.D., moved to strike out all the latter part the report beginning with the words, the power of the Assembly, then, to act directly and conclusively in the case is clear and unquestionable," and inserting a substitute:

Resolved, That the Declaration and Testimony, adopted and published by Louisville Presbytery, is in the terms, spirit, and intent thereof derogatory to the just authority of the General Assembly, hostile to the institutions of the Church, destructive to the peace of our people, and fruitful in schismatical contentions and disputations; wherefore, this General Assembly expresses its grave disapprobation of this proceeding of the Presbytery, as unbecoming in a lower judicatory of the Church.

The Assembly also enjoins upon the Presbytery to forbear whatever tends to further disturbances and agitation, to support the institutions of the Church, and especially to take such order at its next stated meeting as will show that it does not intend to defy the authority of the General Assembly, or to disparage the institutions of the Church.

Furthermore, the Assembly does hereby require Louisville Presbytery to appear by its commissioners before the next General Assembly, on the second day of its sessions, to show what it has done or failed to do in these premises, and the next General Assembly is requested to take up and issue the business. Furthermore, the Assembly directs the other Presbyteries to confer with those ministers under their care who have signed the Declaration and Testimony, and to urge these brethren to disavow the intention of setting the

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