Answer of the Assembly.

"The committee appointed to answer the protest of Rev. H. A. Rowland, D.D., and others, presented a report, which was adopted, and is as follows:

"In answer to the protest against the decision of the Assembly in the case of George Sheldon, the Assembly make the following statement: "1. The action of the Presbytery in the case was irregular, only technically, and not in such a sense as to vitiate the substantial justice of the result. The case had been on trial during a period of some three years, and ample opportunity had been given in this period for the accused to defend himself.

2. Although it is asserted, that only extracts from Mr. Sheldon's letters were admitted in evidence, yet it appears that one letter, and the most important one, is given in full; that the extracts from the other letters are undisputed, and that these fairly and clearly present the truth in the case.

"3. As to the alleged new evidence, it appears that it was before the Judicial Committee of the Presbytery, and read in full before the Synod, and was unanimously decided by these judicatories to be no ground for reopening the case; and it also appears, that this testimony is wholly irreconcilable with statements made by Mr. Sheldon in the letters above referred to.

"4.. Inasmuch as the Assembly, after a full hearing of the case, by a vote of more than two-thirds, decided that there have been no material deviations from the rules of the Book of Discipline for conducting judicial cases, it is deemed unnecessary, at this late hour of their sessions, to reply further to the allegations of the protestants."-Minutes, 1858, p. 609.

22. An Appeal directly to the Assembly allowed.

"Dr. Fisher, from the Judicial Committee, reported the appeal and complaint of Lewis Tappan against the decision of the Third Presbytery of New York, as in order. The report was accepted, and the subject was taken up for consideration. A motion was made to send it down to the Synod, for adjudication.-Minutes, 1839, p. 13.

"The consideration of Mr. Rowland's motion to refer to the Synod of New York, the adjudication of the appeal of Lewis Tappan, was taken

up. The motion to refer the case to Synod was lost. The Assembly then decided to hear the case."—Minutes, 1839, p. 13.

The Decision Sustaining the Appeal, and Censuring both the Appellant and the Courts below; Case of Lewis Tappan.

"Resolved, That, in view of the whole case, the Assembly, while they sustain the appeal, and cannot pass without censure some of the acts of the courts below, are constrained to rule as follows, viz. :

"1. That the act of the Session, excluding the stenographer, even if it were within the ultimate prerogatives of the court, was of very questionable wisdom, as well as of dangerous precedent, in reference to the rights of respondents at their bar.

"2. That there seems to have been, in the proceedings of the Session, too much precipitation and absoluteness, and too little of that calm and practical vindication of their own dignity, which mildness and forbearance, in the spirit of our Master, are largely necessary to inspire; and this especially in reference to the sentence they pronounced.

"3. That the appellant seems in several respects to have manifested a resolute opposition to the court of the first resort, which certainly, as a whole, amounts to contumacy; though we are not disposed to graduate it as flagrant or unmingled, or in circumstances of no severe probation.

"4. The Assembly therefore decide in the premises, that the sentence of the Session, suspending the appellant, be, and it hereby is reversed, as also the decision of the Presbytery confirming that of the Session.

"5. That the appellant be advised to review his conduct, in the spirit of solemn and faithful self-examination; and henceforth to order hist way with more meekness and reverence of the authority of the great Head of the Church, as the Supreme President of all our judicatories.

"6. That all the parties, the Session and the appellant in the first instance, and after that, if necessary, the Presbytery with them, be required solemnly and prayerfully to confer together in the whole case, with the sincere purpose of preventing further proceedings and pacificating all concerned, according to the order and honor of the kingdom of Christ; and that they resume not their formal proceedings of trial before the Session, unless or until it is demonstrated that no other measures can preventively avail; and the Assembly do solemnly and affectionately exhort all persons at all connected with the case, and especially the parties themselves, to seek the things that make for peace,

and the things whereby one may edify another."—Minutes, 1839, pp. 13-25.

23. An Appeal arrests all further proceedings in the case until the

Appeal shall be tried.

[The Synod of Kentucky directed] "the Presbytery to which Mr. Craighead belonged to depose him, if he did not at their next meeting retract his errors; yet this sentence could not have been constitutionally inflicted, because Mr. Craighead appealed from the decision of the Synod, the effect of which was to arrest all further proceedings in the case until the appeal should be tried."-Minutes, 1822, p. 52.

24. Order for Issuing an Appeal.

α. "The order of the day, viz., an appeal by William H. Shumway from a decision of the Synod of Utica, confirming a decision by which he was suspended from the church of Watertown, was taken up.

"The sentence appealed from, the reasons assigned by the appellant for his appeal, the whole record of the proceedings of the inferior judicatories in the case, including all the testimony, and the reasons of their decision, were read. The parties were then heard, and the roll called, to give every member an opportunity to express his opinion; after which the final vote was taken, by which the appeal of Mr. Shumway was dismissed, and the sentence of the Session affirmed."-Minutes, 1835, p. 488.

b. "The moderator read the rule, enjoining on the members to recollect and regard their high character, as judges of a court of Jesus Christ, and the solemn duty in which they were about to act.

"The sentence appealed from, the reasons assigned by the appellant for his appeal, and which were on record, and the proceedings of the inferior judicatories in the case, including the testimony, and the reasons of the Presbytery for their decision, were read. The original parties were then heard; first Mr. Tappan, the appellant, and then the Presbytery in defence. The Presbytery having finished their defence, Mr. Tappan replied, and the Presbytery made some explanations. The parties having been fully heard, were considered as withdrawn. The roll was called, and the following adopted as the decision in the case." [See ante, p. 226.]—Minutes, 1839, pp. 17-25.

SECTION 3.-OF COMPLAINTS.

-8.

1. Distinction between a complaint and an appeal must be observed.-2. The complaint should be carried to the next superior court, unless valid reason be shown for a different course.-3. Complaint dismissed, for want of evidence of the complaint itself; also for want of evidence that notice was given of the intent to complain.-4. Through failure of the prosecutor to appear in person, or by proxy.-5. On account of informality.-6. After conference with the parties.-7. In the absence of the records.—Postponed for the same cause.— Complaint sustained for reasons assigned.-9. Referred back by consent of parties.-10. Referred to the court below, with instructions.-11. Judgment of a Synod reversed, because they decline the merits of the case; because they do not adhere to the rules; because they do not distinguish their appellate and original jurisdiction; and because they restore the appellant, without any evidence of repentance.-12. The superior court may reverse, either in whole or in part, but must observe the rules of Discipline.-13. The nature of the complaint, and the grounds on which it is issued, should be stated in the record.14. A complaint against a Synod for dissolving a Presbytery sustained, and the Presbytery restored.-15. A complaint may be issued in the absence of the complainant.-16. A complaint must be specific.-17. The record must state that the minutes in the case have been read.-18. Advice given by a judicatory is not a ground of complaint.-19. The discussions must not involve the character of a party in his absence; regularity of proceedings only to be inquired into.-20. Order of issuing a complaint.

[For the distinction between an appeal and a complaint, see under "Appeal," p. 210, as also for the limitation of time within which a complaint may be laid.]

1. The Distinction between an Appeal and a Complaint should be

observed.

"The records of the Synod of Utica were, on the recommendation of the committee, approved, with the exception that, on page 275, the Synod recognizes a reference to them as an appeal, which should have been considered and acted on merely as a complaint against, and not as an appeal from the decision of Presbytery concerning the settlement of a pastor."-Minutes, 1843, p. 22.

2. A Complaint should be carried to the next Superior Court. a. "The complaint of John Cochran against a decision of the Session. of the Eighth Presbyterian Church, Philadelphia, which was dismissed

by the Presbytery of Philadelphia, as irrelevant and unfounded, appears to have been regularly conducted, except that it is brought directly to the Assembly from the Presbytery, instead of being carried first to the Synod; and no reasons are assigned for this course. Your committee would therefore recommend that this case be sent to the Synod for adjudication, should Mr. Cochran choose to prosecute his complaint.” Adopted.-Minutes, 1833, p. 409.

b. [Members of a church complain of the conduct of a Presbytery. Complaint dismissed] because "complainants have not stated their grievances to the Presbytery, nor applied to it for redress."-Minutes, 1804, p. 309.

c. [The Session of a church present a paper, in a case acted upon and decided by a Synod. Complaint dismissed] because

"1. This memorial is, in fact, a complaint against the decision of the Synod of Iowa; and it does not appear that any notice of intention to complain to the Assembly was given to the Synod by the complainants.

"2. No evidence has been presented by the complainants of the injustice of the decision of the Synod.

"The committee therefore recommend that the paper be returned to the complainants.

"The report was adopted."-Minutes, 1855, p. 16.

3. Complaint Dismissed, for want of Evidence of the Complaint itself.

a. "The Judicial Committee reported on the paper purporting to be a complaint of a minority of the Synod of Kentucky, against the proceedings of said Synod in the case of Dr. A. Smith, and recommended that the paper be returned for want of evidence of the complaint itself. This report was adopted."-Minutes, 1831, p. 339.

b. [Complainant had leave to withdraw] "because there is no evidence that notice of said complaint was given to Synod."-Minutes, 1834, p. 434.

c. "The Judicial Committee reported, that the complaint of E. W. Gilbert and others, in relation to the Synod of Philadelphia, for dissolving the church at Newark; also, the complaint of E. W. Gilbert and others, against the decision of the Synod of Philadelphia, dissolving the Presbytery of Wilmington; and also, the complaint of St. George's Church against the same Synod, for dissolving the Presbytery of Wilmington, are informal, there being no evidence before the committee