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Extracts from the Minutes of the Synod of Philadelphia at their Sessions held in Columbia, Pa., November 2d, 1833.

The following paper was presented to Synod by the Rev. Mr. Engles, viz:— Whereas, the Report of the Committee appointed by the last Assembly, to whom was referred the complaint of the Second Presbytery of Philadelphia, was founded in the apprehension of that Presbytery and of the Committee, that said Presbytery would be received by this Synod at its present meeting as a constituent member:

Therefore, Resolved, 1. That while this Synod reprobate and condemn both the principle on which the Presbytery of Philadelphia was divided, and also the exercise of unwarrantable authority by the Assembly in dividing the Presbytery; and while the Synod expressly forbid any act of theirs in this matter, to be considered as sanctioning either the principle or the act above alluded to and condemned, yet regarding the peculiar circumstances of this case, and with the above declarations of Synod, the Synod do hereby receive the Second Presbytery of Philadelphia as a constituent member of this body.

2. Resolved, That in the exercise of the right of Synod to divide and unite Presbyteries, this Synod do hereby unite the Second Presbytery of Philadelphia with the Presbytery of Philadelphia, and ordain the two Presbyteries thus united to be known as the Presbytery of Philadelphia.

3. Resolved, That in the exercise of the same prerogative, the Synod do hereby divide the said Presbytery of Philadelphia by the line of Market street in the city of Philadelphia, extending as far east as may be necessary, and west to the Schuylkill, then up the Schuylkill to the extremity of the Presbytery; and that the ministers and churches south of said line be known as the Presbytery of Philadelphia, and those of the north side be known as the Second Presbytery of Philadelphia.

During the discussion of the first paragraph of this paper, Rev. Dr. Green moved the postponement of it, to take into consideration the following, viz.

Resolved, 1. That by the Constitution of the Presbyterian Church, it is the right of Synods, exclusively, to form and divide Presbyteries.

2. That it is destructive of order and discipline, and contrary to the spirit and scope of the Constitution of the Presbyterian Church, that a Presbytery should ever be formed on what has been denominated the principle of elective affinity; that is, of individuals whose views, feelings, and doctrinal tenets are believed to harmonize with each other, but which are known to be opposed in many important particulars, to those of their brethren from whom they are separated.

3. That what has been denominated the Second Presbytery of Philadelphia, was formed in violation of the exclusive right of this Synod to organize new Presbyteries within its own bounds; and was also formed on the obnoxious principle of elective affinity; and therefore can never be recognised by this Synod as a constitutional Presbytery, and in that character be received as an integral part of this body.

4. That this Synod considers itself as deeply aggrieved, and as having been treated with peculiar disrespect by the last General Assembly of our church, in the refusal of the said Assembly so much as to hear the remonstrance and representations of this Synod, in opposition to a measure adopted by that Assembly.

5. That all those who were members of the Presbytery of Philadelphia before the meeting of the General Assembly of 1832, be considered as at present members of this Synod; it being understood that the original members of the so called second Presbytery of Philadelphia, shall, previously to their being enrolled as members of this Synod, declare that they now do, and hereafter will, consider and treat the so called Presbytery as a nullity; and that none who have become members of the so called Presbytery since its first formation, are, at present, to be admitted as members of this Synod.

After a protracted discussion of the motion, the ayes and noes were called for, and it was decided not to postpone.

Ayes, Messrs. Green, M'Calla, W. Latta, Symmes, Martin, J. Latta, Love, Douglas, Boyer, J. Williamson, J. B. Patterson, Hutchinson, (ministers) and Messrs. Brown, M'Ewen, Clarkson, Clark, Delaplaine, S. Sharon, M'Kissick, Lowrey, Wilson, Cassatt, (elders) 22.

Noes, Messrs. Boyd, Belville, Engles, Winchester, Andrews, Magraw, White, Barr, J. N. C. Grier, Gilbert, Morrison, Houston, How, Knox, Sterrit, J. Dickey, Hammel, Patton, Michelmore, Mustard, Cathcart, J. R. Sharon, R. S. Grier, McKinley, Dewitt, M'Cachren, M. B. Patterson, Watson, Galbraith, Woods, Annan, Nourse, Peebles, Stone, Dunlap, (ministers) and Messrs Lefevre, A. Slaymaker, Buchanan, H. Y. Slay. maker, H. F. Slaymaker, Chambers, Donaldson, (elders) 43.

Whereupon the discussion of Mr. Engles' paper was renewed, and being considered by paragraphs, it was finally adopted by the following vote.

Ayes, Messrs. Boyd, Engles, Belville, Winchester, Andrews, Magraw, White, Barr, Ch. Adv.-VOL. XII.

2 S

J. N. C. Grier, Morrison, Houston, How, Sterret, J. Dickey, Patton, Mustard, Cathcart, Wilson, J. R. Sharon, R. S. Grier, M'Kinley, M'Cachren, Quay, Patterson, Watson, Hall, Galbraith, Woods, Nourse, Peebles, Stone, and Dunlap, (ministers) and Messrs. Lefevre, A. Slaymaker, H. Y. Slaymaker, H. F. Slaymaker, Buchanan, Shannon, and Donaldson, (elders) 39.

Noes, Messrs. Green, W. Latta, Symmes, Martin, J. Latta, Gilbert, Douglas, Love, Boyer, J. Williamson, Hutchinson, J. B. Patterson, (ministers) and Messrs. Brown, Clarkson, Clark, Delaplaine, Cassatt, S. Sharon, Lowrey, Wilson, (elders) 20.

Thomas Bradford, jr. Esq., a ruling elder from the Fifth Presbyterian Church, Philadelphia, then took his seat as a member of Synod. It was then

Resolved, That the Second Presbytery of Philadelphia meet in the Central Church in the city of Philadelphia, on Wednesday the 27th instant, at eleven o'clock, A. M.; and that the Rev. Dr. Neill, or in case of his absence, the Rev. Dr. M'Dowell, preach the sermon, and preside until a Moderator be chosen.

Resolved, That the licentiates and candidates which formerly belonged to these Presbyteries respectively, belong to them as now constituted.

Resolved, That the proceedings relative to the union and division of the Philadelphia Presbyteries, be forwarded by the Clerk for publication in the Presbyterian and Philadelphian.

EXTRACTS FROM THE MINUTES OF THE GENERAL ASSEMBLY OF 1834.

Friday Morning, May 16.

The Permanent Clerk reported that there had been put into his hands an appeal and complaint of the Second Presbytery of Philadelphia against the Synod of Philadelphia -this, with other papers, was put into the hands of the Judicial Committee.

Afternoon.

The Judicial Committee reported the appeal and complaint of the Second Presbytery of Philadelphia against a decision of the Synod of Philadelphia as in order, and recommended the order to be pursued in hearing and trying said appeal and complaint. This report was accepted, and the subject was made the order of the day for to-morrow morning at 10 o'clock.

Saturday Morning.

The Assembly proceeded agreeably to the order of the day, to the appeal and complaint of the Second Presbytery of Philadelphia against a decision of the Synod of Philadelphia. The Moderator read the rule calling the members to recollect and regard their high character as judges of a court of Jesus Christ, and the solemn duty in which they are about to act. A recess was then had for fifteen minutes. After recess, the Assembly took up the order of the day. The minutes of the Synod of Philadelphia in relation to this matter were read by the Temporary Clerk, together with the complaint of the Second Presbytery of Philadelphia.

Monday Morning, May 19.

The Assembly proceeded to the unfinished business of Saturday, viz. An appeal and complaint from the Assembly's Second Presbytery of Philadelphia, against a decision of the Synod of Philadelphia. The Rev. William Latta, Rev. Samuel G. Winchester, and Thomas Bradford, jr. Esq., were admitted to be heard on behalf of the Synod of Philadelphia. The Rev. Dr. Ely, then addressed the Assembly on behalf of the Second Presbytery of Philadelphia. The Rev. James Patterson succeeded on behalf of the Second Presbytery of Philadelphia. Before Mr. Patterson concluded, the Assembly adjourned till 4 o'clock, P. M.

Afternoon.

The Assembly resumed the appeal and complaint of the Second Presbytery of Philadelphia, against the Synod of Philadelphia. The Presbytery were further heard in support of their appeal and complaint. The Rev. Mr. Patterson resumed the defence of the above complaint, and was succeeded by Mr. Jacob Stout, elder, in support of the complaint-and the Rev. Mr. Barnes concluded on the part of the Presbytery. The Assembly postponed the further consideration of the above business until to-morrow morning at 9 o'clock.

Tuesday Morning.

The Assembly proceeded to the consideration of the unfinished business of yesterday, viz. "The Appeal and Complaint of the Second Presbytery of Philadelphia, against

the Synod of Philadelphia." The Rev. S. G. Winchester then addressed the Assembly on behalf of the Synod of Philadelphia; before he concluded, the Assembly had a recess for fifteen minutes. After the recess the different orders of the day were severally postponed for the present. Rev. Mr. Winchester resumed his argument, and was succeeded by Thomas Bradford, jr. Esq. on behalf of the Synod; when he had finished, the Assembly adjourned till 4 o'clock.

Afternoon.

The Assembly proceeded to the consideration of the unfinished business of this morning, when the Rev. Wm. Latta was heard in defence of the Synod of Philadelphia. After which, Rev. D. M'Kinney, of the minority of Synod, was heard. Adjourned to meet to-morrow after the religious exercises.

Wednesday morning was spent in devotional exercises.

Afternoon.

The Assembly met, and proceeded to the unfinished business of yesterday. Dr. Green made a few remarks denying the jurisdiction of this House in the case before it. The Rev. Mr. Gilbert then addressed the Assembly in behalf of the Presbytery, and in defence of his vote in the Synod. The above case was then postponed, and the Assembly proceeded to the consideration of the report of the committee on Overture, No. 3.

Thursday Morning.

The Assembly resumed the Appeal and Complaint of the Second Presbytery of Philadelphia. The Rev. Mr. M'Calla was then heard on the part of the minority of Synod, when the Assembly adjourned till 3 o'clock, P. M.

Afternoon.

The Assembly resumed the unfinished business of this morning. Judge Darling, of Reading, Pa. then addressed the Assembly on behalf of the Second Presbytery of Philadelphia, after which the Rev. Dr. Ely was heard on the same side, and finished the defence of the Presbytery, and the parties were then considered as withdrawn, and the Assembly adjourned till to-morrow morning at 9 o'clock.

Friday Morning.

The Assembly resumed the Appeal and Complaint of the Second Presbytery of Philadelphia. The roll was called to give every member an opportunity to express his opinion. Some progress was made, when the Assembly adjourned till 4 o'clock.

Afternoon.

The Assembly resumed the unfinished business of this morning, and after some further progress the Assembly adjourned till to-morrow morning at 9 o'clock.

Saturday Morning.

The Assembly resumed the Appeal and Complaint of the Second Presbytery of Philadelphia-the calling of the roll was continued.

Afternoon.

The Assembly resumed the calling of the roll on the Appeal and Complaint of the Second Presbytery of Philadelphia, and made further progress in this business.

Monday Morning, May 26.

The Assembly resumed and finished the consideration of the unfinished business of Saturday, viz:-"The Appeal and Complaint of the Second Presbytery of Philadelphia." The roll having been gone through, the question was put "shall the Appeal and Complaint be sustained."

Upon motion the question was divided, viz. "Shall the Complaint be sustained?” which was decided, yeas and nays, as follows:

Yeas-Messrs. Silas Aiken, Chase, Perry, Clancey, S. Hunter, Keeler, Tracy, A. Fitch, Tucker, Gardiner, Osborne, Hitchcock, Coe, Sawyer, H. S. Johnson, Robinson, S. C. Aiken, A. Crane, Ostrom, Brayton, Coolridge, Wilcox, Walker, Manning, Waterbury, Penfield, Mills, S. Smith, Cowan, Shafer, Mersereau, Squier, Forman, E. Phelps, Wills, May, Hurlbut, Barnard, Furman, Dunning, Matthews, C. Fitch, Cowles, Sweezey, Scofield, Condit, M. Smith, E. King, Mason, Woodbridge, Halstead, B. King, Fairchild, Thomas, Dixon, A. Williamson, Kellogg, Skinner, Gallaudet, Lyon, Bowman, L. Shaw, Leslie, Bissell, Judson, Stimpson, Birge, Montieth, R. Armstrong, Shedd, M'Cracken, De Witt, Shipman, Graves, Brainerd, Boal, Kemper, Remley, Proctor, Hovey, Ellis, Ayers, Farnam, Tilson, Barnes, Bennett, J. F. Cowan, Hinck

ley, Phillips, S. B. Wilson, Wm. J. Armstrong, Fitzgerald, Kirkpatrick, Leach, Rice, Payne, Allen, Caruthers, D. L. Russell, Watts, Hawes, W. A. Shaw, Brown, D. Lindsley, Hoyt, Mandeville, J. King, Hoss, Eagleton, Harrison, Cassells, White, R. W. Bailey, T. F. Scott, Hagaman, Cunningham-118.

Nays-Messrs. J. Clark, Hotchkiss, C. Smith, Platt, Fraser, Brewster, J. Green, Boyd, Beers, Snodgrass, Wallace, B. M'Dowell, I. V. Brown, W. Wilson, Dod, Candee, Love, Kennedy, Harris, G. Morrison, Morris, Young, J. W. Scott, M'Combs, Henry H. Campbell, Coon, Vanhorn, M'Kennan, J. M'Farren, Marshall, F. G. Bailey, Jennings, S. M'Farren, Craig, J. Scott, Vandyke, Donaldson, Wm. Wylie, S. H. Crane, C. Johnston, A. M'Farlane, Dunn, A. Wylie, Carnahan, Sickles, Blake, Spilman, Posey, A. Bayless, Breckinridge, Price, F. M'Farland, J. Morrison, Preston, A. Campbell, Snowden-57.

The question was then taken on sustaining the Appeal, viz. "Shall the Appeal be now sustained?" and decided, by yeas and nays, as follows:

Yeas-Messrs. Chase, Fisk, S. Hunter, Keeler, Tracy, A. Fitch, Gardiner, Osborne, Hitchcock, Coe, Sawyer, H. S. Johnson, Robinson, S. C. Aiken, A. Crane, Ostrom, Brayton, Coolridge, Wilcox, Walker, Waterbury, Penfield, Mills, S. Smith, Shafer, Mersereau, D. W. Forman, E. Phelps, Wells, May, C. E. Furman, Dunning, C. Fitch, Cowles, Scofield, Condit, M. Smith, Woodbridge, Halstead, B. King, Fairchild, Thomas, Kellogg, Gallaudet, Lyon, Bowman, L. Shaw, Leslie, Bissell, Judson, Stimpson, Birge, R. Armstrong, M'Cracken, De Witt, Shipman, Graves, Brainerd, Boals, Kemper, Remley, Proctor, Hovey, Ayres, Farran, Tilson, J. F. Cowan, Hinckley, Price, Phillips, S. B. Wilson, Fitzgerald, Kirkpatrick, Leach, Rice, Payne, Caruthers, Hawes, Watts, W. A. Shaw, Hoyt, Mandeville, J. King, Hoss, Eagleton, White, R. W. Bailey, Hagaman, Cunningham-90.

Nays-Messrs. S. Aiken, Clancey, Tucker, J. Clark, Manning, Hotchkiss, C. Smith, A. M'Cowan, Squier, Platt, Barnard, Matthews, Fraser, Remington, Brewster, J. Green, E. King, Boyd, Mason, Beers, Snodgrass, Wallace, Williamson, B. M'Dowell, I. V. Brown, Dod, W. Wilson, Candee, Love, Kennedy, Harris, G. Morrison, Morris, Skinner, Young, J. W. Scott, M'Oombs, Henry H. Campbell, Coon, Vanhorn, M'Kennan, J. M'Farren, Marshall, F. G. Bailey, Jennings, S. M'Farran, Craig, Montieth, Shedd, J. Scott, Vandyke, Donaldson, W. Wylie, S. H. Crane, C. Johnston, A. M'Farlane, Dunn, A. Wylie, Carnahan, Sickles, Blake, Spilman, Posey, Bennett, Bayless, Breckinridge, W. J. Armstrong, F. M'Farland, Price, J. Morrison, Allen, D. L. Russell, J. Brown, D. Lindley, Preston, A. A. Campbell, Harrison, Cassels, Snowden, T. F. Scott-81.

The Appeal and Complaint of the Second Presbytery of Philadelphia against the Synod of Philadelphia were then declared to be sustained.

Mr. I. V. Brown gave notice that he claimed in behalf of himself and those of the minority who may choose to unite with him, the right to enter a protest against this decision.

Dr. Tucker, Mr. E. Phelps, Mr. Williamson, Mr. Wm. Wylie, Mr. A. A. Campbell, Mr. White, and Mr. S. B. Wilson, were appointed a committee to draw up a minute, in conformity with the vote just taken, and expressive of the views of the Assembly.

Afternoon.

The committee appointed this morning to form a minute expressive of the vote of the Assembly on the Appeal and Complaint of the Second Presbytery of Philadelphia, reported the following resolution, which was adopted, viz.

1. Resolved, That the Appeal and Complaint of the Second Presbytery of Philadelphia against the Synod of Philadelphia be, and the same are hereby sustained; and the act of said Synod, so far as it was intended to unite the Second Presbytery with the Presbytery of Philadelphia, is hereby declared void.

2. Resolved, That this resolution shall not be so construed as to affect the integrity of the Presbytery which was constituted under the order of the Synod of Philadelphia by the name of the Second Presbytery of Philadelphia, in November last; but the same is hereby recognised as a constituent part of the Synod of Philadelphia. The Assembly, however, recommend to the Synod to change the name of the said Presbytery.

Thus it appears that this subject was before the Assembly for about ten days-Much other business, however, was done during this period. Agreeably to the notice given by Mr. Brown, a protest was prepared against the decision of the Assembly in this case. It was not handed in for some days after the decision, but it is most proper to introduce It was as follows:

it here.

The subscribers dissenting from the judgment of this Assembly, in the case of the complaint and appeal of the Second Presbytery of Philadelphia, hereby embrace their constitutional right to Protest, and to assign their reasons on the minutes of the House.

1. We believe the power exercised by the General Assembly of 1832, and now reexercised by this Assembly, to form a Presbytery within the bounds of a Synod, and against her decision, is without foundation in our form of Church Government.

In the constitutional distribution of powers and checks, and designation of rights and duties, among the several judicatories of the Church, the power to erect new Presbyteries and unite or divide those which were before erected," (Form Government, Chapter 11th, Section 4,) is distinctly and exclusively secured to Synod. And the practice of the General Assembly, from the establishment of this body, till the present, has been, we believe, in accordance with these views. The principle assumed by the majority in this body, and recognised by the Assembly in the above decision, and on which the appellants rest their plea, that the duty "of superintending the concerns of the whole Church," (Form Government, Chapter 12, Section 5,) invests the General Assembly with all powers necessary to accomplish that object, at her own discretion, tends to abolish the constitutional rights of Synods, Presbyteries, and Church Sessions -to confound and contravene those original and essential principles of ecclesiastical government and order, which constitute and characterize the Presbyterian Church. 2. While we disapprove the act performed by the Assembly, as being unconstitutional-we solemnly Protest against the practice, whether by the Assembly or Synods, of forming Presbyteries on the principle of Elective Affinity, distinctly avowed and recognised, as the basis of this act, being fully persuaded that the tendency of this principle will be, to impair the Standards of our Church-to open a door to error-and to violate the purity, good order, and peace of the Church.

Loyal Young, J. P. Vandyke, Alex. M'Farlane, Jacob Coon, Wm. Wylie, James Scott, Daniel L. Russell, Simeon H. Crane, William Wallace, Cyrenius Beers, A. D. Hepburn, S. M'Farren, B. F. Spilman, W. A. G. Posey, Isaac V. Brown, Samuel Boyd, W. L. Breckinridge, Francis M'Farland, Wm. Sickels, E. H. Snowden, A. Bayless, H. Campbell, J. W. Scott, Robert Love, William M'Combs, D. R. Preston, J. N. Candee, Benjamin M'Dowell, Alexander A. Campbell, George Marshall, Oscar Harris, James M Farren, William Craig, James Remington, George Morris, James Carnahan, James Blake, Williamson Dunn. I approve and assent to the Protest as set forth on the first part, J. Clark.

Mr. Samuel C. Aiken, Mr. Brainerd, and Dr. M. Smith, were appointed a committee to answer the above Protest.

Here follows the answer to the Protest adopted by the Assembly on the report of their committee.

The committee appointed to answer the Protest of the minority against the decision of this Assembly, in the case of the appeal and complaint of the Second Presbytery of Philadelphia, made the following report, which was read and adopted: viz.

In answer to the first specification of the Protest, the Assembly reply,

1. That the Form of Government vests in the General Assembly the power of " deciding in all controversies respecting doctrine and discipline," and "to issue all appeals and references brought before them from the inferior judicatories." See Form of Gov. ch. 12, sec. 5. Now, as the question, as to the erection and existence of the Second Presbytery of Philadelphia, came regularly before the Assembly of 1832 and 1834, by appeal and complaint from the lower judicatories, the said Assemblys not only had a right to "decide" finally, but were imperiously called upon to "issue" the case.

2. The Minutes of the General Assembly for 1794, 1802, 1805, and 1926, show that the Assembly has, in extraordinary cases, claimed and exercised the right of organizing new Presbyteries, and such Presbyteries have always been regarded as regularly and constitutionally organized.

3. The Form of Government rests the right of "deciding questions" of constitutional law, not in the Synods, but in the General Assembly: consequently, if it is proved, which is not the fact, that the General Assembly had exceeded their powers in organizing the Second Presbytery of Philadelphia, it would by no means follow that the Synod of Philadelphia had authority to rejudge and disannul the solemn acts of the highest judicatory of the church. In this view of the subject the General Assembly were bound to sustain the appeal and complaint of the Second Presbytery from respect to the grave decision of former Assemblies, as well as from regard to the rights of the complainants.

4. In regard to the existence of two or more Presbyteries on the same ground, the Assembly have already expressed their opinion. For sixteen years, in the city of New York, Presbyteries have existed on this principle without those evil results anticipated

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