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.

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

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,
STUART ROBINSON,

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

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

EDWARD P. HUMPHREY, D.D., moved to strike out all the latter part of 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

authority of the General Assembly at defiance. These Presbyteries are also directed to report hereon in writing to the next General Assembly. All this to the end that the whole Church may have quietness and repose. Preferred by E. P. Humphrey, D. W. Fisher, O. Beatty.

HENRY DAY offered the following:

WHEREAS, This General Assembly has had brought to its notice a certain paper called a "Declaration and Testimony," which it is alleged was adopted by Louisville Presbytery, September 2, 1865, and which imports to be signed by ministers and ruling elders belonging to other Presbyteries; and, WHEREAS, in the judgment of this General Assembly the said paper is a most flagrant and unwarranted attack on the dignity and authority of the General Assembly, derogatory to its character, tending to bring odium and disrepute on the highest judicatory of the Church, and to increase agitation and alienation in the bosom of the Church, schismatical in effect, contumacious in spirit, unjust and untrue in its statements; now, therefore, this General Assembly, in defence of its authority, in the exercise of its high prerogative to suppress schismatical contentions and disputations, reproving, warning, and bearing testimony against error in doctrine and immorality in practice, and in the fulfillment of its sacred duty to secure the union, peace, and mutual confidence of all our churches, does

Resolve, 1. That this General Assembly considers the alleged action of the Louisvile Presbytery, and of the ministers and ruling elders who have signed, published, and disseminated the said paper called the "Declaration and Testimony," as worthy of the gravest censure of this body, and as an offence against the authority, peace and harmony of the Church, and as a sin against the Lord Jesus Christ, the great Head of the Church.

2. That the Synod of Kentucky is hereby required, at its next meeting, to proceed in an orderly manner to try the Louisville Presbytery for the said alleged offence of adopting, publishing and disseminating the said "Declaration and Testimony," and that they, by their records at the next General Assembly, do show what it has done in the premises.

3. That this Assembly does hereby require and enjoin on the said Louisville Presbytery to reconsider its action in adopting said "Declaration and Testimony," to cease from disseminating the same, and from all agitations and contentions which tend to disturb the peace and harmony of the Church, and to submit themselves to the lawful authority of the Church of Christ as exercised by the General Assembly; and that by their commissioners they report their action in the premises to the next General Assembly.

4. That each and all the Presbyteries with whom any of the subscribers to said Declaration and Testimony are connected, are hereby required at their next meeting to proceed against such subscribers, and try them for said alleged acts in signing and giving publicity to said document; and if it is found that they have been guilty of offence in so doing, that each of said Presbyteries respectively do censure their conduct, and require such_members to confess their error and to cease from their agitations; and such Presbyteries are hereby required by their commissioners to appear at the next General Assembly and report their action in the premises, and, while such persons are under process as aforesaid, to suspend their privilege of deliberating and voting as members until the process is finally issued; and it is further ordered that the members of said Presbyteries, who have not subscribed said "Declaration and Testimony," shall have the authority of such Presbyteries respectively, shall exercise its proper functions, and shall have charge of the Presbyterial Records and all property.

HENRY A. BOARDMAN, D.D., offered the following:

The attention of the General Assembly has been called to a pamphlet, entitled "A Declaration and Testimony," purporting to have been adopted by the Presbytery of Louisville on the 2d day of September, 1865. This pamphlet contains various statements, which, if taken in their literal import, we regard as disrespectful to the General Assembly, pregnant with schism, and adapted to foster a spirit of insubordination throughout our bounds. The Assembly is unwilling to believe that the Presbytery of Louisville designs to place itself in an attitude of rebellion against the just authority which Christ has established in his Church, or that it will deliberately sanction the use of words and phrases which seem to set at defiance the higher judicatories of the Church. Willing to give the members of that Presbytery time for reflection, the Assembly contents itself, for the present, with admonishing them of their grievous error, and directing them to review their whole procedure in this matter, and to make a full report of their action in the premises to the Synod of Kentucky at its next stated session, and also to the next General Assembly.

The Synod of Kentucky is instructed to take such order in the case as may, in their judgment, best conduce to the purity and harmony of the Church and the interests of true religion. And since this case has manifestly excited much feeling, and threatens to disturb still further the peace of our communion, we exhort all concerned to cultivate a spirit of forbearance and conciliation, to merge all private and personal aims in a paramount devotion to the interests of truth and righteousness, and humbly to invoke for themselves and the churches with which they are connected the healing, reviving and sanctifying influences of the Holy Spirit.

Preferred by

PHINEAS D. GURLEY, D.D., offered the following as a substitute for the report of the committee, which was adopted. It is as follows:

Resolved, 1. That this General Assembly does hereby condemn the Declaration and Testimony as a slander against the Church, schismatical in its character and aims, and its adoption by any of our church courts as an act of rebellion against the authority of the General Assembly.

Resolved, 2. That the whole subject contemplated in this report, including the report itself, be referred to the next General Assembly.

Resolved. 3. That the signers of the Declaration and Testimony, and the members of the Presbytery of Louisville who voted to adopt that paper, be summoned to appear before the next General Assembly and answer for what they have done in this matter; and that until their case is decided they shall not be permitted to sit as members of any church court higher than the session.

Resolved, 4. That if any Presbytery shall disregard this action of the General Assembly, and at any meeting shall enroll, entitle to a seat or seats in the body one or more of the persons designated in the preceding resolution and summoned to appear before the next Assembly, then that Presbytery shall ipso facto be dissolved; and its ministers and elders who adhere to this action of the Assembly are hereby authorized and directed in such cases to take charge of the Presbyterial records, to retain the name and exercise all the authority and functions of the original Presbytery, until the next meeting of the General Assembly.

Resolved, 5. That Synods, at their next stated meetings, in making up their rolls, shall be guided and governed by this action of the General Assembly.

Dr. Gurley read his reasons for offering this substitute, which were, on motion, ordered to be inserted in the Minutes of the Assembly. They are as follows:

1. Because it condemns in strong yet just and appropriate terms the Declaration and Testimony, pronouncing it a slander against the Church, schismatical in its character and aims;" which it manifestly is.

2. Because it declares the adoption of the Declaration and Testimony by any of our church courts to be an act of rebellion against the authority of the General Assembly; which it manifestly is.

3. Because it summons the signers of this Declaration, and the members of the Presbytery of Louisville who voted for its adoption, to appear and answer for their conduct before the General Assembly, the body against whom they have offended, and the only body which, in the present circumstances of the Church, can properly and without embarrassment consider and adjudicate the case.

4. Because it summons them to appear before the next Assembly, thus giving them ample time for reflection, for repentance, and for making up their reply.

5. Because, in the mean time it forbids their sitting in any church court higher than the session-an abridgment of privilege which we are bound to make in fidelity to our erring brethren and to the peace of the Church.

6. Because it saves us from even the appearance of taking action in this case, which is too summary and severe. Though we might lawfully dissolve the Presbytery of Louisville at this time, no such great or perilous exigency has arrived as makes such an extraordinary proceeding necessary, nor is it expedient. It is better for the Assembly, better for the Church, and better for all the interests in any way concerned in this case, that justice should be secured and administered in the ordinary way and by the ordinary methods.

7. I urge the adoption of this substitute, because it provides that in case any Presbytery shall disregard this action of the Assembly and permit the signers of the Declaration and Testimony, or those who voted to approve it, to sit in the body as members, that act of rebellion, according to an authoritative declaration of the Assembly, dissolves the Presbytery, and causes its powers to pass at once into the hands of those who respect the highest court of the Church, and are willing to submit to its authority.

8. Finally, in answer to the objection that the General Assembly has no right to pass beyond the lower courts and deal with individuals. I would say, our Form of Government expressly gives to the General Assembly the power "of suppressing schismatical contentions and disputations;" and this clearly implies the power of dealing directly with the persons or parties who are engaged in such contentions and disputations.