GENE r, AL ASSEMBLY.
_I - •:"AS".S1 4 :3)N" OP 1860.
TIIIRD DAY.
SATURDAY MORNING, MAY 10.
During the morning prayer-meeting, re
marks of unusual interest were made by Dr.
J. R. Paul and Hon. E. A. Lambert. The
former Called upon the Church to pray and
work—especially to pray and work, yes work
for the two and a half million of blacks in the
South between the ages of fifteen and twenty
five, and the four millions of whites in the
same region, and between the same ages, in
the educational and spiritual training of all
of whom so much of the future is bound up.
Mr. Lambert mentioned some. incidents in
the great revival in Dr. Cuyler's church,
Brooklyn, which illustrates the power of
faithful and wayside labor with individuals.
On the resumption of business, an invita
tion came in from the President of the Iron
Mountain Railroad, tendering to the Assein
bly a free exeuraion to the Iron Mountain and
Pilot Knob,. nearly a hundred miles in the
interior. The invitation was accepted, and
the thanks of the Assembly returned.
Rev. W. E. Knox—l have been requested
by a member of the Assembly of the Old
School (not officially) to suggest that a com
mittee of conference with reference to joint
religious services be appointed by this As
sembly to meet a similar committee to be ap
pointed by that Assembly.
Dr. Booth objected to this Assembly
taking the, nitiative step in the matter. We
had done so once and nothing came of it.
Rev. Mr. Knox stated that it was desired
that the committee should be appointed this
morning that a joint meeting might be held
to-morrow.
The Moderator—l have just been informed
that the other Assembly has appointed such
a committee.
Mr. Booth—Let us wait until there is some
official notice given to ns from that body.
Mr: Knox's motion was withdrawn by-con
sent of the Assembly.
The "Stated Mirk presented': a proposal
from'the 0. S.' Assembly, now Sitting in the
Second Presbyterian Churoh, that this As
sembly should appoint a conithittee to act
conjointly with one already appointed by
themselved—viz.: Rev: Thomas. Thomas,
D.D., N. West, D.D., Rev. C. E. Robinson,
and Ruling. Elde.rs A. E. Chamberlain and
Lucien B. Wells—to arrange for joint devo
tional exercises during the next week. The
proposal was cordially acceded to, and Rev.
W. E. Knox, D.D., Rev. W. T. Curtis, D.D„
and Ruling Elder John A. Foot, were ap
pointed on the part of this Assembly.
The Report of the Ministerial Relief Fund
Permanent Committee was read by Rev. Dr.
Butler. It will appear in another place.
Overtures from the Presbyteries of Newark
and Cincinnati, bn the subject of publications
in the German language for our German
speaking churches; were referred to the
Standing Committee on Publication, and the
Commissioners from paid Presbyteries were
directed to confer personally with said COM
ttultee.
DISCIPLINE IN CASES OF CONTUMACY
Hon. Joseph Allison, of special committee,
to whom was referred 'overture No. 14, which
is as follows :
' go the General Aisembly of the Presbyteri
an Church, now in session in the city of
Brooklyn, AT Y.
" The udersigned respectfully • submit to
the General Assembly, the following overture,
viz,:
"When the judiciary haveproceeded, in
accordance with; Chapter IV. Section 13 of
the Book of Discipline, to take the testimony
in the case of an accused person, may they
proceed to pass judgment thereon as if he
were present, or shall he he left simply under
censure for contumacy ?
- • '"tf. W, •WILLtAmz.,
- " R E, ADAMS,
" DA±4rED IVanen."•
made the following report : - •
The question thus presented is exclusively
•one of power; Its not whe s ther, in all cases,
it is advisable tht a ChiirchqUcliciary should
pioceedlki final'deterMinatton of the case,
mor is it:What has, been, the" iisage in some of
;the tribtinals of the Chitral . ; but, it: is strictly
what does the BOok oT,Di . seipline,autherize ?
It is freely admittecrthat . a long course of
.usage under a statute is ,no inconsiderable
..evidence of the meaning of the statute, but
it must be an usage growing out, of: he enact-
Ment itself, and,olaimed. to have been author
ized by it._ Mere, neglect ta ., exercise powers,
conferred is -no proof that- they were not
granted. Had' the' fathere of the Church
generally decided that, by the 4th Chapter of
' the Book of Discipline; no power is recog
nized-in a judiciary to:proceed to the trial of
an accused person whets he his refused to
obey its citations, that"his contumacious re
fusal must arrest all ster4 to' .purify the
Church of the offence charged, beyond taking
, evidence to pro,vethat offence, and had such
,a construction of the book Veen generally ac
nepted, it ought to have weight in answer to
this overture. But there is no evidence that
any such judicial construction has been gene
rally given to the-language of the,.book. .
But there is not enoughin judicial decision,
• nor in authoritative usage to settle the ques
tion.. After all, it , must, be answered from
- the book, .and the true inquiry is, what is the
fair interpretation of the rules .laid down in
the fourth chapter. An universally recog
, nized rule of construction is, that, where the
purpose of a statute is clear, the Means given
for effeotuatink it are to be interpreted with
reference to the purpose,. if possible, so
as to secure its accomplishment. Now the
ends of discipline are 'Clearly defined. They
are declared by the second section'of the first,
"
chapter to bethe removal of offenders, the
vindication of the honor of plaTist, the pro
motion Of 'the purity and the general edifica
tion of the Church, and, also ;lie benefit of
- the offender himself." The ,fourth chapter
contains the directions given to the church
judicatories, by which these ends are to be
secured. Manifestly, they were intended to
be a complete and efficient system adequate
to the purpbses in view. If they fail of that,
the avowed object of their framers is defeated.
Then there is no power to remove an offence
in any case where the alleged offender refuses
- to submit himself.for trial. Plainly, it is the
offence charged which ,is sought to be re
-Moved, either by bringing the offender to
repentance, or by the judgment of the church
upon it, and ultimately, if necessary, remov
ing, the offender. It is from that offence the
`church is to be, purified, r and, the Oiolabr of
Christ vindicated, for by that offence the
evil has been done. Anything that. comes
short of discipline for that fails ofaccom
plishing the avowed purposes for which the
directions of the fourth chapter were pre
scribed. Contumatious disobedience of cita
tions is another distinct offence,
punishment
for which is entirely collateral to discipline
for the cause that induced the commencement
f the process. It is contempt of the lawful
' rathority of the church, and suspension for it
is summary punishment for the collateral of
fence alone. Neither directly nor indirectly
. . .
Is it an expression of opinion respecting the
. .
delinquent's guilt or innocence of the charge
preferred originally against him. Suspension
for contumacy would be proper, without re
gard to anything beyond it. It is quite con
ceivable that an accused person may wilfully
disobey citations, and yet be innocent of the
charges made against him. It certainly
would be an anomaly in any judicial proceed
ing to hold that a penalty inflicted for a col
lateral offence vindicates the law against an
other and possibly much greater crime.
If, therefore, the defined ends of discipline
are to be secured, a Church session must
have power to proceed .to trial and judgment,
though the accused person refuse to obey
the citations duly served upon him, and it is
not to be concluded without clear evidence
that means lo secure those ends are inade
quate. When the meaning of the language
used in the fourth chapter is sought, the best
guide to it will be found in the paramount
intention the language was designed to sub
serve. The directions given must be con
strued consistently with that intention, to
further, rather than defeat it. Looking then
to the sections of the fourth Chapter,. and
regarding them as part of a system designed
for the purpose above . mentioned, to be in
terpreted to as to harmonize with those pur
poses as well as with each other, the conclu
sion seems inevitable that whenever an accu
sation has'been made against a church mem
ber and a church judicatory has entered
judicially upon its consideration, and obtained
jurisdiction by service or citations upon him,
it may go on' to final judgment, though he
refused to obey the citations. It is observa
ble that the entire fourth chapter is, but an
outline of process. It does not undertake to
prescribe minutely each step that may be
taken. It does not even expressly authorize
a judicatory to proceed in trial in any ease.
It rather assumes that having taken judicial
cognizance of the proceeding the tribunal will
go to trial and judgment. Like a writ of
summons in a civil court, the citation is notice
that the judicatory has assumed jurisdiction
of the case, and 'that it will proceed to its
final determination. When that notice has
been given, as prescribed, it is contemplated
rather than expressly required, that witnesses
will be examined, that a' trial will be pro
ceeded with, and that a judgment will be
given., .
It would be a rash conclusion from the ab
sence of a specific grant of these powers, to
deny any right to take testimony, to try and
to ave . judgment. The powers are not only,
to be iinplied, but they are,cornprehenaiyely'
given by the general, provision' of, the first
section, that " the judicatory. Shall, judicially
take the offence into consideration, when all
other means of removing '' it have failed, and
they are included also in the direction to
issue citations. Nor is there any substantial
distinction made between cases in which the
accused yields obedience to the citations, and
those in which he is contumaciously disobe
dient. The thirteenth section is the only
one that is supposed to make a difference.
By that a second citation is required to be
accompanied with a notice that, if the person
cited does not appear at the time appointed,
the judicatory, "besides censuring . him for
his contumacy, will, after assigning some
person to manage, his defence, proceed: to
take the testimony in his case, as if he were
present." It has sometimes been asked if it
was intended that.the judicatory might pro
ceed in such a case to the final judgment,
why was not notice required that they would
thus proceed? Why limit the notice to taking
testimony? These questions are easily an
swered. A notice that the judicatory will
proneed to trial and decision would be unne
cessary and superfluous. It has already been
given in the assumption of jurisdiction over
the case, and in the citations, but notice of
taking testimony is a different matter. Sep
arate notice of that is
_generally given in all
judicial proceedings. Its design is to give a
party an opportunity to cross-examine the
witnesses produced against him. And, as
the judgment in all ecclesiastical courts must
be founded upon evidence, as a judgment for
default of appearance is not authorized, it is
proper that the accused should have special
notice of taking the testimony, though he
may refuse to appear in answer to the cita
tion. In fact, however, notice that the testi
mony will be taken is notice that the judica
tory will go on with the trial, for taking tes
timony is a part of the trial, its first stage.
Undue internees are therefore drawn from
the form of the notice : it is supposed to in
dicate that the proceedings are to stay, when
the testimony shall have been taken. At
most, it raises but a very feeble implication
that, because notice of one thing is required
(a thing very peculiar it itself, and always de
manding a special notice,) therefore nothing
else can be done. A similar mode of reasoning
would render a trial in any ease impossible.
Moreover, the 13th section affords strong
'affirmative evidence that a trial and judgment
were' contemplated by its framers, notwith
standing the refusal of the accused to obey
the citations. The evidence is found in the
notice that, the judicatory will assign some
person, not to, appear for the ~accused at the
examination of -witnesses, but, to "" manage
his,clefeince . ." The idea of defence in a judi
.cial proceeding is inseparable from answer or
trial. If, therefore, the non-appearing ac
cused has a defence to be managed, be has
an answer to be
. put in, a trial to undergo.
Taking testimony in support of the accusation
is no part of the defence: Cross-examina
tion of the witnesses may beta part, but the
appointee of the judicatory is to manage the
whole. •
It may also be argued that the provision
for taking testimony at all, 'When an accused
person fails to respond to the citation, im
plies that the case may proceed to a final de
termination. For what purpose take testi
mony, if no action is to be based upon it?
If it be said to preserve it for the use when
the accused, repenting of his contumacy,
may choose to appear for trial, it may be an
swered that no such purpose appears in the
book. None of the provisions usual; when
the object sought to be accomplised is the
pisrpetuation of testimony, are even hinted
at, By the sixteenth, section the judgment
is required to be entered upon the records of
the, judicatory, butnothing is said of the
preservation of unused evidence. It is not
even reqired to be reduced to writting, unless
demanded by one of the party.
It may also be argued from the language
of the fourteenth section, that the trial for
the offence charged is intended, though the
citations have been disobeyed. • . . .
A. similar implication is found in the next
section, the fifteenth, which declares that
"the trial shall be fair and impartial," and
that "that the witness shall be examined in
the presence of the accused, or, at least, after
he shall have due citation to attend." . .
Taking all these sections into consideration,
and regarding them as parts of one system,
as having reference to the - same subject mat
, ter, and designed to-secure the ends avowed,
the committee are constrained to regard them
as applicable to the course of proceeding,
through allthe, stages of trial, alike in cases
where the accused does 'not appear in obedi
,ence to - the eitatiobs, as when he does. In
both, the judicatory is enipowerecl to proceed
to trial and final judgment.
this conclusion an Cbjection has some
titu es been urged, which at first mention, seems
to have some plausibility. It is a .hat trial o' a
person in his absence, and the rendition of
judgment against him, are in conflict with
common right and justice ; that even Criminal
Courts in State Governments do not try offend
ers in their absence, and that Ecclesiastical
Courts ought to avoid ex parte proceedings.
-The objection aims less at the power of a
judicatory, as recognized by the book of dis
cipline, than it does at the policy of exercising
it. But it misapprehends what are acknow
ledged common right and justice, what are
the proceedings of Courts of law and equity
in analogous cases, and what are et party pro
peedings. Nowhere is it held that a man
THE AMERICAN PRESBYTERIAN, THURSDAY, MAY 31, 1866.
may not deny himself his plainest "rights.
While he may not be tried for an alleged
offence without having an opportunity to be
heard, he has no just cause to complain of a
trial to which he has been summoned by a
tribunal having jurisdiction, and which be
has persistently refused to attend. In such a
case, it is he who has thrown away his own
rights. They are not taken from him. This
is a principle universally recognized in Courts
of civil law and equity, and such Courts go
further. They construe a refusal to obey
process requiring an appearance as a substan
tial confession of the complaint, and they
render judgment accordingly. It is true
State Courts, having criminal jurisdiction,
do not try persons for crimes and misdemea
nors in their absence. This is for two rea
sons. They hare power to compel attend
ance, which ecclesiastical Courts have not,
and the puishments they inflict affect the
life, the liberty or the property of the con
victed criminal. In fact, they concern the
life or the liberty of the accused, for even if
the penalty be only a fine, its payment is
usually enforced by detention in custody until
satisfaction be made. But ecclesiastical tri
bunals can pronounce no judgment that
touches either the life, the liberty or the pro
perty of the accused. Their sentences are
peculiar. Indeed, is asserting a false ana
logy to assimilate a trial before a churoh ses
sion to an indictment and trial in. a Criminal
Court. It bears a much stronger resemblance
to proceedings very common in Courts of law,
in which members of associations or corpora
tions are called upon to respond for some
alleged breach of corporate duty, for which
they are liable to be punished by the imposi
tion of penalties, or by a motion from mem
bership. In such cases when the person
summoned refuses to obey the mandate of
the writ, Courts proceed at once to dispose of
his case and render final judgment. No one
ever supposed that by so doing injustice was
done, or that any right of the accused was
invaded. Much less can he complain who
has been cited to answer an accusation taken
_ .
into judicial cognizance by a church judica
tory, and who has contumaciously refuspd
obey the citation, if the tribunal proceed to
try tho,,case, presuming nothing against him
but Contumacy from his own refusal, but
founding its jidgirient upon the testi
mony of witnesses. This objeetion, -there—
fore, when examined, seems to be without
substance.
In conclusion, it remains only to recom
mend, as the opinion of the committee, that
the overture be answered_by a declaration of
the Assembly, that in the case proposed, the
judicatory may proceed to trial and final judg
ment, as if the accused was present.
SAMUEL W. FISHER,
W. STRONG,
JOSEPH ALLISON,
THOMAS BRAINERD.
The report was accepted and ordered put
upon the docket.
Dr. H. B. Smith—There is one subject
upon which the Assembly has always ap
pointed a committee of late years, and that
is, "On the State of the Country." We
have passed through the state of war, and
come to the state of peace, but are still in
the midst of difficult questions, which seem
to demand . some expression of opinion from
ecclesiastical bodies. I have been expecting
a motion to this effect from some other mem
ber of the Assembly, but none having been
made I now move that a special committee
be appointed Oa the State of the -Country.
I make the suggestion that the oldest and
most venerated member of this Assembly,
Dr. Beman, be appointed chairman of this
committee.
A member, whose name we failed to ob
tain, objected to the proposal. Our testi
mony is on record ; it is full and unequivocal :
Why repeat it? Besides, it will be past the
wisdom of the Assembly to find out what is
the state of the country; at least, if we can
do it we shall be wiser than the politicians,
the President, or the Congress. Further, an
utterance from us, in the present emergency,
would rather imperil tranquility than tend to
tranquilize. •
Hon. John A. Foot took an entirely differ
ent view. It seems to me, he said, that a
body so large, so respectable as this, and re
presenting so large and respectable a constit
uency, cannot but have weight. We all
know that there is a great diversity of opin
ion' and many feel that the present is a time
as full of dangers and difficulties as any
through which we have passed. The country
expects that we will, after prayer, give our
views upon a question that interests every
body. We have to-day heard most eloquently
of the importance of work as well as of prayer.
Now then we certainly ought not shrink from
giving the opinions that we may have upon
these great questions. If we say nothing
more to our constituency than that it be
hooves them all to pray to God in this exi
gency, it will do a great deal:of good. If we
say to them that we call upon all our rulers
to approach this question without selfishness,
asking God to aid them, and putting vide
everything like hatred, malice, ill will, and
everything of that kind, it will do good. Anil
if we say that looking upon him whom we.
have for President, and seeing that at the
original inception of the rebellion he stood up
alone from the, Southern States and de
nounced treason as a crime, we feel under ob
ligations to him for that <; it seems to me some
thing like that would allay prejudice. And,
if we may further kindly say that we cannot
conceive that he should make the great mis
take that an Executive was going to be the
Judiciary, the Legislature, and all the other
departments of the Government—to use the
language of the sailor—that he was captain,
mate, and all hands, it would be proper.
Very many things have taken place since
the jest meeting. 'Now it seems to me that
it is eminently proper that we should utter
our Opinions on the subject and give no un
certain sound, and when we speak on the
subject we should speak of a number of
questions that are, near our hearts; and-per
mit me.. to say, it will come ,with great effect
and great - weight, for I remember that when
the General Assembly in 1863 passed a reso
lution, we contended on a particular point;
it was precisely the point between loyalty
and disloyalty, and we discussed it almost all'
day. I felt willing to go for 'it because Dr.
Barnes proposed it. I study Barnes' notes
a great deal. W hen this resolution was read
to the President, he said: "Gentlemen, I
thank you for the point you have made, (it
was precisely that point;) it strengthens me
to feel that 'l' have all the denominations
now sustaining me. I don't pretend that I
have every One of all, but I have all the de
nominations, and it strengthens me to feel
that I hav,e praying men to sustain me."
The utterances of this body will have a very
great effect. 1 have not bad a political office
for more than ten years, and don't expectand
don't want one. I have j ust the feeling I ought
to have as a Christian, and as a man in regard
to these questions, and old as I am feel
that my interests are bound up with this
country, and old as I am I fear that I may
still see confusion and every evil work in our
land if we don't take the right ground.
As I said with reference to the President,
I feel under great obligations to him, but 1
must say that I have • not unlimited confi
dence in him. He evidently is a man, and
no more than a wan. I read in the lfst
speech he made that he was sometimes a
whole day without thinking that he was
President. When I read that I could not,
help thinking that his position had elevated
STATE OF THE COUNTRY.
him so much, thathe was not exactly the man
he would be, if he was in the position that I
am in. I remember in a town, one near
where I live, was an old woman, whose hus
band was Justice of the Peace. Her hus
band had the house painted green, and she
once said that she sat sometimes a whole day
without once thinking that her house was
green and her husband a Justice of the
Peace. (Laughter.) Now the trouble with
her was the same as the trouble with the
President. It wasn' t strange that he shouldn't
think of his being President for a whole day,
or that the old lady should forget about the
green house, but the unfortunate thing was
that he should have mentioned it, and that
there should have been a correspondent of
the London Timer green enough to have re
ported it.
The motion prevailed, and the Moderator
announced the Committe on the State of the
Country as follows :—Rev. N. S. S. Beman
D.D., Rev. H. B. Smith, D.D., Rev. V.
Rev.r ot
garth, D.D., Rev. Henry Fowler, D.D.,
. Joseph Allison, Hon. F. V. Chamber
xt Hon. T. P. Handy.
1
T J. Shepherd, of the Committee on
..11, Re
d Overtures, reported back certain
h ,s, with recommendation that they be
rbdrred to the appropriate committees,
which action was accordingly taken.
The hours for the meeting of various com
mittees were announced, and the .Asiembly
adjourned until Monday.
FOURTH DAY.
MONDAY, May 21
MORNING SESSION.
On motion of Rev. Lucius J. Root, re
ports from the Committee on Synodical Rec
ords was made the first order of business for
the afternoon.
Rey. Mr. Kellogg, from the committee ap
pointed to consider the invitation of S. D.
Barlow Esq., President of the St. Louis and
Iron Mountain Railroad, tendering the use
of a train of ears for an excursion to Iron
Mountain and Pilot Knob, reported and re
commended that Thursday next be set apart
as the day for the excursion. After some
discussion, and suggestions as to other days,
the report of the committee fixing Thursday
was adopted.
Members of the Assembly desiring to go
'an,7theNexenrsion were requested to enter
their names and the names of their hosts, so
that the Presidenttof the Railroad Company
might know how many cars to provide.
Rev. Henry B. Smith, D D., moved, that
the communication from Rev. Dr: McCosh
representative from the Prebyterian Church of
Ireland, be received, and that the Assembly
appoint to-morrow morning, at 11 A. M., to
hear the communication.
RECEPTION OF DR. HARPER
On motion of Rev. Dr. Shaw, Rev. Dr.
Harper, representative of the United Pres
byterian Church of North America, was in
vited to address the Assembly.
Dr. Harper, after a few preliminary re
marks; said :
We are children of the same King, and
heirs of the same glory, therefore I do feel
that in speaking to you I am speaking to
brothers in Christ.
Perhaps it may be proper for, me at the
'outset to read to you some statistics which I
have prepared, from which you may gain
something in regard to the Church which I
represent. The United Presbyterian Church
had its existence in the Associated Reformed
Presbyterian Church, in this country, in 1858,
and in all matters of faith, government and
practice we are closely identified with the
larger bodies of the Presbyterian Church of
this country. We have fifty-one Presbyter
ies, seven Synods, and one General Assem
bly, constituted like your own, of delegates
from the different Presbyteries. We have
thirty missionaries in the foreign field, and
one hundred and twenty in the home field.
We have some forty or fifty laboring among
the freedmen, chiefly in Tennessee and Missis
sippi. We have four theological seminaries,
five hundred and sixteen ordained ministers,
seventy licentiates, and ninety one theological
students and six hundred and fifty-nine con
gregations. We have six prominent Boards
=the Board of Home Missions, the Board of
Foreign Missions, Publication, Church Ex
tension' Education, and of Theology. We
have three religious weekly papers and one
monthly. We have raised for all the Boards
$187,000. With regard to the work which
we are doing, it may be proper, Mr. Modera
tor, for me to state to the Assembly that that
portion of the Church which .1. represent
feels that the great work of the Church of
God in this country and in foreign countries
is missionary labor, and to subserve the great
principles of the Bible and truth. Never
was the world so accessible as now—never
were there so many facilities presented to the
Church for doing good as at this day—never
did the Great Head of the Church call us so
loudly as he now calls us, to engage in this
great work. We feel, therefore, that -it is
the special work of the Church ; and so feel
ing, we are endeavoring to concentrate our
energies to forward it in this country and in
foreign lands.
\ - „STe feel, too, Christian brethren, that for
.ibe furtherance of this work it is very desira
ble that there should be increased unity and
co-operation among all the follewers of Christ.
We desire, therefore, increased unity of the
ChurCh of God. It seems to us especially
becoming to our principles that we should so
desire, because our existence as a Church is
the result of union. We feel how happy it
is, for such as are brethren, to dwell together
in unity, therefore we hail with feelings of
joy the efforts which are being made in Great
Britain and in this country to bring together
the different members of the Church of God ;
and we pray God to speed the day when all
these diffel•entlranches of the. Church of the
living God shall be one in form as they are
one in fact. Brethren, let me speak with you
'on this subject _freely. It is a subject which
lies very near to my heart, and therefore I
will ask your indulgence for a few moments.
It is admitted that these divisions are
hurtful and that they are retarding the pro
gress of the Church of God and the conver
sion of the world. These things are gener
ally admitted; but after all, how little do we
feel it—how little do we feel in our very souls
that these divisions of the Church of God are
shamefully wicked, and that they are dishon
oring to God and that they are retarding the
conversion of the world. Oh, we do not
realize it, or we would labor for increased
unity, pray more for it than we do ; but I
apprehend that, after all, the great difficulty
in the way of unity, at least with the great
branches of the Presbyterian family in this
country, is not the matter of doctrine, but it
is in the selfishness of our hearts. I have
often noticed ,in the army that, when regi
ments were to be consolidated, the difficulty
was not among the privates, but it was found
in finding places for the colonels, the majors,
and the captains; so I think it is, to a very
great eitent, 'in the Church of Christ. Then,
there is another fact—we are disposed to look
too much at points of trivial importance, and
permit them to monopolize our solicitude to
the neglect of weightier matters. Brethren,
our Saviour prayed that we mieht be one,
and this should be our feeling.
We desire to cultivate the most cordial
relations with this body, and we rejoice in a ll
that prosperity which God has granted you
in years gone by. We thank God for the
success with which you have been favored in
this country and in foreign lands,
and we
desire that we shall be considered laborers
and co-workers with you in the great work of
saving souls for Christ ; and; above all, let
me say, we desire to render to you thanks,
Christian brethren, for that noble, manly po
sition which you have taken as a Church on
the great question of human freedom. (Ap
plause.) Your action has been no uncertain
sound ; your voice has been clearly marked
and well understood in this land in the hour
of our national conflict, when others have
been unfaithful. I have to thank God that
you have stood up as a Church under the
banner which now decorates your pulpit here
to day, and that you have stood up truly under
Brethren, let me say to you that, though
that banner has been drenched with the blood
of thousands of our best sons, and has been in
all the conflicts in every great battle, and has
been victorious, so may it be in the great
battle to be fought by the pulpit and the press
of the land ; and I trust that as you have
stood up manfully heretofore, so you will still
continue to maintain your position and fight
it out en that line (applause) if it should take
you to the Millennium. (Renewed applause.)
God grant that your Church may never recede
from the noble position which you have taken.
The Moderator said that the Assembly
were most happy that the work of represent- .
ing that body had fallen upon so able a man,
and that this Assembly reciprocatffld most
heartily the kind, Christian wordsAd greet
ing to which they had listened, and rejoiced
in their prosperity, in their loyalty and in
their missionary activity and noble Christian
example.
The-reception of delegates from correspond
ing bodies was made the second order of
business for to-day.
Dr. W. E. Knox., Chairman of Joint Com
mittee on Religious Exercises, reported fa
vorably to the holding. of joint services with the
0. S. Assembly at Dr. Nicoll's Church, Mon
day evening, and that thejoint sacramental
services be held at Dr. Nelson's Church, on
Wednesday evening, and that the address be
made by Dr. Z. M. Humphreys.
Dr. Clark then read the report of the
standing Committee on Foreign Missions.
Report of the Standing Committee on For
eign Missions.
The committee to whom was referred the
report of the Permanent Committee on For
eign Missions, respectfully represent to the
General Assembly, that that report invites
attention especially to the following points,
to wit:
To our alto ether satisfactory relations with
the A. B. C. F. M. ; the alarming decrease
in;the number of our Missionaries in the ser
vice of the Board ; the continued neglect, on
the part of many of our churches and church
members, to make annual contributions to the
cause of Missions ; the importance of even a
larger co-operation on the part of our West
ern churches; the need of a more.,etruilent,
use of our ecclesiastical apparatus, , and the'
fitness of this present period of our national
history, for a broader, mightier and more
successful assault upon that empire of dark
ness for whose conquest and illumination the
Church aspires and exists.
That the utmost harmony should exist be
tween our Permanent Committee and the
American Board is only what the Assembly
has bad every just reason to expect; bias
much as it is well understood that we can ask
nothing of that body which they are not glad
to concede, nor they desire anything of us
which we are not willing beforehand to grant.
One in aim and akin in temper, their success
is ours and ours theirs ; for we and they are
equally the Lord's. Nor are the kingdom,
power and glory ours or theirs, but His.
That the number of our missionaries should
have been reduced one-sixth in three years,
so that whereas in 1863 we had fifty-six in
the field, we have now only forty-seven, is a
fact which the world will contemplate with
surprise, the Assembly with sorrow, and to
which we can make no other honorable
answer, than in the voice of our sons and
daughters, saying in scores, "Here are we,
send us."
It is matter of much congratulation that,
under the many burdens and exactions of the
time, our congregations gave to the cause of
missions last year not less, but more than in
any previous year. Nevertheless, the ,kgsem
bly ought not to pass lightly over the humili
ating revelations of the Committee's report
touching the continued neglect of a portion
of our churches and church members to con
tribute their just quota to the cause of Chris
tian Missions. Is our Church worthy its
ancestry or its name--can it lawfully call the
Holy Spiritits tenant, the Redeemer its head,
the age its sphere, the land its heritage, the
future its hope, while of its fifteen hundred
congregations seven hundred do nothing at
all to send the Gospel to the heathen ? No
doubt there is need of greater fidelity on the
part of those who superintend the annual
benefactions of the Church, on the part, that
is, of pastors and elders and committees,
whether of Synods, Sessions or Presbyteries
but when indifference becomes a habit, and
in its inveteracy will yield neither to #dmoni
tion nonentreaty, nor the calls of Providence,
nor the spirit of the age, nor the Spirit of
God, it devolves upon the General Assembly,
in its care of the Church, to importune the
Father of light, in His infinite condescension,
to breathe into the • whole body, that spirit
of grace, which is the spirit of Jesus, as it is
also the spirit of missions. Your committee
recommend that some morning be set apart
by the Assembly to prayer, especially for this
object, that our ascended Redeemer may hear
our united cry and inspire in all our congrega
tions ;with the sessions, supplies and pastors,
that sentiment of expansive zeal, which we
need to make us to the full extent of our
ability a Missionary Church.
The churches in our Western Synods have
a vast home field, which they cannot dutifully
or safely neglect. And all our churches
whether in the newer or older . States, have
in charge the magnificent enterprise of estab
lishing upon this great continent the seat of
power, the home of liberty, the goal of the
ages past, the starting-point of the ages to
come—that glorious Kingdom of Christ, for
which the continent was created, fbr which
the Republic stands. We must not try to
abate, but rather to increase the instinctive
ardor which fires the hearts of our peop e in
, the East and West in behalf of the Home
Missions. This magnificent middle belt, the
highway of the King, which divides our conti
nent, stretching from the Eastern to the
Western sea, is our Land of Promise. And
at whatever cost of money, toil and time, we
must take it, and transmit it with its institu
tions, sanctified and made permanent, to the
codling genentions, as the legacy of the
Presbyterian Church of America, to the
latter days of time. But to do this home
work well, we must do our work in other lands
well also; for we are of least use to ourselves
when we are most selfish, and shall do most
and mostsuceessfully for Christ's cause at
home, when we do most and most willingly
for his kingdom abroad. May God, by whose
favor alone we can be made strong in this or
other lands, keep our churches from the fatal
mistake of doing little for missions among the
heathens under the impression that thereby
they can do more for Christianity at their
own doors.
The Committee learns with great satisfac
tion, that two of our Presbytersare employed
in missionary labor and two others are under
appointment, in the service of the American
and Foreign Christian Union. The Rev.
Ramon Montsalvate, of the Presbytery of
Brooklyn, and the Rev. A. J. McKim, of the
Presbytery of Athens, are successfully at work,
in not the least inviting of the many fields
now opening to that efficient and worthy so
ciety; that is to say, in Brazil, South America.
The Assembly will follow with its most earnest
supplications every messenger of our Church
who shallgo forth at the of the Union , to
bear the Gospel, whether to Mexico, to the
Southern continent, or to the lands that invite
from across the sea.
The committee recommend to the Assembly
the adoption of the following order, to wit :
That it be earnestly enjoined upon all the
Synods, Presbyteries, Sessions and Congre
gations connected with this Assembly, that
by the appointment of Synodical and Presby
terial committees; the faithful presentation
of the cause to the people for their annual
contributions ; the diffusion of intelligence
through the Presbyterian Monthly, Missionary
_Herald, Christian World, and the religious
newspapers ; regular observance of the
monthly concert ; reports to the Permanent
Committee, and every other appropriate
method of instruction and appeal, they en
deavor from this time to make our entire
Church what it ought to be, and can be ; the
joy of the Redeemer, the glory of the age.
the light of the world.
In behalf of the committee,
W. Cuaut.s, Chairman.
Foreign Missions was made the subject of
prayer for the next morning.
Dr. Wood, Secretary of the American
Board of Foreign Missions, stated that he
was present in accordance with a resolution
adopted by the Assembly in 1859, respecting
the interests of the cause of Foreign Missions.
The Board desires me to present their grat
itude to this body and their congratula
tions on the auspicious circumstances under
which the meeting of this General Assembly
is held—circumatanies so auspicious in re
spect to our country and the blessed work of
God's Spirit in our Churches, and in connec
tion with the prosperity of our great benevo
lent enterprises. The Board have to say
that they deeply regret that so large a pro
portion of the churches under the care of the
Assembly have as y e t failed to come np to
that great interest in the cause of Foreign
Missions, which seems to them so indispensa
ble to their spiritual life and their efficiency.
The Board are highly gratified with the
prospect, and at the progress which has
been made in the limits of this branch of the
Church during the last few years. The
amount of contributions during the past year
has been very considerably in advance of any
previous 3 ear.
During the year 1865 our Church is repre
sented as having contributed the amount of
$112,000, which amount does not include
legacies from members of our Church, nor
does it include all the contributions of its
members, for some of the contributions re
ceived from individuals are not reported in
the minutes. The sum total would be about
$140,000. •
He would desire to impress upon the mem
bers the desirability of still greater advances.
Although through the great conflict the de
mands have sheen very great, and it was a
matter of thanksgiving that they had been so
fully met, and at the close of the war the
Board still had a surPhie of sll4B—although
it entered upon the period cethe war with a
deficit of s2B,ooo—now that the war was over,
there was danger that the cause would be
allowed to decline unless renewed efforts were
put forth. In the missionary work there was
a great want of men. They had met with
some bereavements in the missionary work,
and those who still remained were borne down
with heat and failure of health, and some had
been forced to relinquish the work.
Dr. Hatfield stated that the Presbyterian
Historical Society proposed to hold a public
meeting in this house (First Presbyterian
Church) on Friday evening of this week, and
desired to notify the General Assembly to be
present. The discourse will be delivered be
Dlr. McLean on the life and character of Bev.
Wm. Tennent.
Dr. H. B. Smith, from the Committee on
Church Polity, reported favorably to the pro
position of transferring the Presbyters or
Lake Shore from the Synod of Michigan to
the Synod of Wisconsin. The report wa,
adopted. Also, in relation to overtures from
the Presbyteries of Chemung and Geneva.
asking that the meeting of the Synod of
Geneva, designated for the last Tuesday of
September, be held on the third Tuesday of
September.
Request granted.
Report from same Committee in relation to
Presbytery of Osage, in Synod. of Missouri.
asking that the Presbytery be reconstructed
with its former boundaries, and that the
General Assembly -recognize the Presbytery
of Osage and receive its commissioners pre
cisely as if they had been sent by the Synod.
Report agreed to, and action of Presbytery
sustained, and attached to the Synod of Mis
souri as requested.
Rev. Mr. Waterbury moved that a com
mittee be appointed in reference to time and
place of holding the meetings of the next
General Assembly.
Rev. Mr. Tindall thought it was not de
sirable to have the meetings of both Presby
teries in the same city ; not that he did not
have a fraternal feeling, but he thought that
two cities should be benefited instead of one.
Mr. Sheely, of Detroit, nominated Detroit
as the place of meeting for the next Assem
bly, and in support of his nomination, said it
was large enough for both Assemblies.
Rochester, N. Y., was also nominated.
After some further debate, the motion (it
Mr. Waterbury was agreed to, and the
Moderator appointed Rev. Dr. Shaw, Rev.
Dr. Hograth, and Rev. Henry W.
as a committee on time andplace.
On motion of' Rev. Mr. Stanley, the fir-t
week in January was set apart as days of
prayer for the conversion of the world.
Adjourned to 3 o'clock P. M.
Afternoon Session.
The Assembly met at 3 P. M., pursuant to
adjournment.
Hon. Truman P. Handy asked and obtain
ed leave to be excused from serving va the
Committee on the State of the Country.
Rev. Thomas Brown, Hon. John A. Foot
and Mr. Ru‘sPll Scarritt were appointed as
additional members on that Committee.
Rev. G. F. Wiswell, from the Committee on
Devotional Exercises, recommended that the
hour between nine and ten o'clock on Tues
day morning, be devoted to prayer for the
raising up of missionaries, and that Wednes
day morning be devoted to the considerati'n
of the claims of the American and Foreign
Christian Union, which was agreed to.
Rev. Dr. Humphrey, from the Standing
Committee on Church Erection, made a re
port suggesting changes in the plan.
It was suggested by the Moderator, that it
would be better to have the report printed,
as had been desired by a member.
Dr. Clarke suggested that Judge Williams
be called to the platform to explain the
changes mposed.
Judge Williams was then questioned upon
the document for a few moments.'
Rev. Dr. Shaw, of Rochester, N. Y.,
from
the Committee on Time and Place of Meet
ing of the next General Assembly, recom
mended that the next General Assembly be
held at the brick church in Rochester, N. Y.,
on the third Thursday of May, 1867.
The report was adopted.
The hour of the meeting of the Assembly
was changed from half-past eight to nine A.
M., and to commence with devotional exer
cises.
The Assembly then adjourned to meet at
9 o'clock A. M.
(Continued on the Fourth Page.)