in effect defeated the very end which they must have intended to secure by the adoption of the rest, and have otherwise involved the whole subject in difficulties which, from the peculiar nature of the case, it is but fair and reasonable to suppose they could not have distinctly designed or foreseen. In this state of things your Committee beg leave to submit the following resolution as in their judgment proper to be adopted by the General Assembly, viz.:

Whereas, The Presbyteries have failed to report their decisions upon the subject of the proposed amendments Nos. 1, 2, 3, 4, 5, 6, as recorded in page 37 of the printed minutes of the Assembly of last year, in the full and distinct manner contemplated in the overture submitted by that Assembly, the General Assembly do not deem it desirable to renew the said overture at the present time; therefore,

Resolved, That the consideration of the said proposed amendments be and the same is hereby indefinitely postponed.-1827, p. 218.

4. Where all the Presbyteries do not Respond, the Votes given are to be Filed as the Answer of the Voting Presbyteries, unless Reversed by them.

a. Resolved, That the Presbyteries which have not sent up their decisions on this subject (a proposed amendment of the Constitution) be required to send them to the next Assembly, and that the stated clerk file the decisions reported to this Assembly, to be considered by the next Assembly as the decisions of these Presbyteries respectively, unless they choose to send up a different decision.-1834, p. 429.

b. The stated clerk reported that fifty-seven Presbyteries had reported to this Assembly affirmative, and twenty-three negative, answers to the Overtures on the Limitation of Judicial Cases. Also, that twenty-eight Presbyteries, who have made no report to this Assembly, reported affirmative answers to the Assembly of 1871; that the whole number thus replying affirmatively is eighty-five, one more than a majority of the whole number (one hundred and sixty-seven).

A discussion arose on the propriety of counting those Presbyteries who sent their replies only to the Assembly of 1871. The whole matter was then referred to a Special Committee, consisting of Rev. Henry V. D. Nevius, George W. Musgrave, D. D., LL. D., and George Junkin, Esq.1872, p. 80. The Special Committee on the Answers to the Overtures, Limiting Appeals, sent down to the Presbyteries in 1870, and again, for want of full action, in 1871, reported that, in their opinion, it was competent for the Assembly to count the affirmative vote of both years, such vote securing the adoption of all the overtures, and their incorporation into the fundamental law of the Church, by the required majority of all the Presbyteries.

The following substitute for the report of the Committee was adopted: Resolved, That overtures Nos. 2, 3 and 4, of the Assembly of 1870, be again sent to the Presbyteries, irrespective of previous action.-1872, p. 92. [The overture was rejected; ayes 69, nays 43, not answering 62.-1873, p. 526.]

42

5. Of the way in which the Answers of the Presbyteries are to be Attested, and when the Question shall be held to be Determined.

Overture No. 27, being a paper submitted by the stated clerk, asking instructions respecting the proper form of reports from Presbyteries entitled to be received by him in answer to overtures sent down from the General Assembly.

The Committee recommend, 1. That the Assembly enjoin upon all the Presbyteries, in sending up responses to overtures, to have them duly signed by the moderator and clerk, or at least one of them, in order that the full spirit of the Constitution, chap. xii., sec. vi., may be complied with. 2. That in the case of Presbyteries in foreign lands the stated clerk shall receive their answers to overtures, and place them on file, and report them to the General Assembly at the earliest opportunity; and the answers from Presbyteries shall not be deemed as determining the question submitted to them until reasonable time shall have elapsed to hear from all the Presbyteries, or until it is clear that answers which may have been made, but not received, would not affect its final determination. The report was adopted.-1867, p. 358, O. S.

VII. The General Assembly shall meet at least once in every year. On the day appointed for that purpose, the moderator of the last Assembly, if present, or, in case of his absence, some other minister, shall open the meeting with a sermon, and preside until a new moderator be chosen. No commissioner shall have a right to deliberate or vote in the Assembly until his name shall have been enrolled by the clerk, and his commission examined and filed among the papers of the Assembly.

1. Adjourned Meetings of the Assembly.

[In 1846, the Assembly, N. S., then meeting triennially, was adjourned by the moderator, in accordance with a previous vote, to meet in the city of Cincinnati, Ohio, on the third Thursday of May, 1847. On the constitutionality of such adjournment the opinion of Chancellor Kent, of New York, was sought, and given as follows:]

The question is, Had the General Assembly, under the Constitution of the Presbyterian Church, a lawful or rightful power to so adjourn?

ANSWER.

In my opinion, the power of adjournment rests in the sound discretion of the General Assembly. I consider the power to be necessarily incident to every deliberative assembly, unless specially prohibited by its charter. or constitution. It appertains, of course, to all legislative assemblies, and is occasionally exercised. This is the case with the English Parliament, and with the legislative assemblies in the United States.

The Constitution of the United States says that Congress shall assemble at least once in every year, and on the first Monday in December. The only inhibition in the Constitution is that neither House shall adjourn without the consent of the other for more than three days, nor to any other place. The Constitution is silent as to any other adjournment, and yet no question has ever been raised as to the power of Congress or both Houses concurrently to adjourn the session to a future time.

So in the Constitution of New York, the legislative term begins on the first of January, and the Legislature are to assemble every year on the first Monday in January, and neither House without the consent of the other can adjourn for more than two days. No doubt is raised as to the competency of the two Houses jointly to adjourn, in their discretion, to any future or distant day. And though the Legislature are to meet as prescribed, and are, as to the Assembly, elected annually, it is now in contemplation at the present session to adjourn over to the month of Sep

tember.

The Constitution of the Presbyterian Church leaves silently the same power of adjournment, precisely on the same footing of discretion. Thus the General Assembly are to meet at least triennially or once in every third year. And the last moderator, with the concurrence of the stated and permanent clerks, may call a pro re nata meeting of the General Assembly, in case of any emergency, on four months' notice.* And the Assembly is to be considered as the same with the previous one.

The adjournment preserves the identity of the Assembly. I have no doubt that upon a sound construction of the Constitution the General Assembly has the same analogous power as all other political legislative bodies to which I have alluded. If any greater restriction had been intended, it would have been expressed. The language quoted implies as of course the power of adjournment. It is a wise and necessary power to guard against calamities and overruling necessities, such as a desolating sickness, or conflagration, or insurrection, etc. It may be safely confided to such a representation, if anything may.

Even in ordinary civil corporations, where powers are granted very guardedly and construed strictly, it is adjudged that a corporation may transact any business at an adjourned meeting which they might have transacted at an original meeting (11 Vt. Reports, 385).

For these reasons briefly I conclude that the power of adjournment by the General Assembly the last year to Cincinnati was constitutional. JAMES KENT.

New York, April 19, 1847.

-1847, p. 147, N. S.

2. The Adjourned Meeting of 1869.

The two Assemblies of 1869, meeting in New York, mutually agreeda. That the said General Assemblies now sitting shall, after finishing their business, adjourn, to meet in the city of Pittsburg, Pennsylvania, on the second Wednesday of November, 1869, at 11 o'clock A. M.-O. S., p. 915; N. S., p. 277.

b. It was ordered that when the Assembly adjourns this afternoon it be to meet in the First Church of Pittsburg, on Wednesday, the 10th day of November next, at 11 o'clock A. м.-1869, p. 949, O. S.

In accordance with previous action, the Assembly, with prayer and the apostolic benediction by the moderator, adjourned to meet at the Third Presbyterian Church, in the city of Pittsburg, Pa., on the second Wednesday of November, A. D. 1869, at 11 o'clock A. M.-1869, p. 304, N. S. 3. Who may sit as Commissioners in an Adjourned Assembly. a. The Committee (Hon. Daniel Haines and Hon. Joseph Allison, LL. D.) on Instructing the Presbyteries concerning their representation [* It was so provided in the plan under which triennial Assemblies were held.— 1839, p. 27, N. S.]

at the adjourned meeting of this Assembly presented a report, which was adopted, and is as follows:

Whereas, It has been questioned whether this Assembly at the proposed adjourned meeting, in November next, at Pittsburg, Pa., can be properly constituted of the principal or alternate commissioners not in attendance on the sessions of the body at this time; therefore,

Resolved, In the judgment of the Assembly those commissioners only who have presented their commissions, and whose names have been placed on the roll, will be entitled to participate in the meeting of the Assembly in November, except in case of a vacancy occasioned by death, resignation, refusal or inability of any such commissioner to attend, in which event it will be competent and proper for the Presbytery to supply the vacancy by a new election or appointment.-1869, p. 290, Ñ. S.

b. W. E. Schenck, D. D., permanent clerk, from the Committee on Commissions, reported that several gentlemen were present with commissions as alternates, the principals being absent. On motion of G. W. Musgrave, D. D., it was

Resolved, That all alternates presenting regular commissions be enrolled, the principals being absent. Mr. Henry Day was requested to communicate this action to the Assembly of the other branch, now sitting in the Third Presbyterian Church in this city, which he did.

The alternates present were enrolled as follows: W. A. Scott, D. D., from the Presbytery of New York; Rev. Joseph A. Hanna, from the Presbytery of Oregon; Rev. A. B. Cross, from the Presbytery of Baltimore; Ruling Elder Wm. Carpenter, from the Presbytery of Newton.1869, p. 1143, O. S.

4. The Assembly Excluded Commissioners from Sitting Pending Investigation.-See 1866, p. 12, O. S.

VIII. Each session of the Assembly shall be opened and closed with prayer. And the whole business of the Assembly being finished, and the vote taken for dissolving the present Assembly, the moderator shall say from the chair-" By virtue of the authority delegated to me by the Church, let this General Assembly be dissolved, and I do hereby dissolve it, and require another General Assembly, chosen in the same manner, to meet at

on the

day of

A. D.

"-after which he shall pray and return thanks, and pronounce, on those present, the apostolic benediction.

Specimen of the Minute of Dissolution.

The minutes of this session were read and approved.

After the offering of solemn praise and thanksgiving, the business of the Assembly having been completed, and the vote taken for the dissolution of the Assembly, the moderator, with prayer and the apostolic benediction, declared the Assembly dissolved, and required another Assembly, chosen in the same manner, to meet at the Central Presbyterian Church in the city of Baltimore, Maryland, on the third Thursday of May, A. D. 1873.-1872, p. 96.

THE CHARTER OF THE TRUSTEES OF THE ASSEMBLY.

a. An Act for incorporating the Trustees of the Ministers and Elders constituting the General Assembly of the Presbyterian Church in the United States of America. Whereas, The ministers and elders forming the General Assembly of the Presbyterian Church of the United States of America, consisting of citizens of the State of Pennsylvania and of others of the United States aforesaid, have by their petition represented that by donations, bequests or otherwise of charitably-disposed persons, they are possessed of moneys for benevolent and pious purposes, and the said ministers and elders have reason to expect further contributions for similar uses; but from the scattered situation of the said ministers and elders and other causes, the said ministers and elders find it extremely difficult to manage the said funds in the way best calculated to answer the intention of the donors; therefore,

SEC. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, that John Rodgers, Alexander McWhorter, Samuel Stanhope Smith, Ashbel Green, William M. Tennent, Patrick Allison, Nathan Irvin, Joseph Clark, Andrew Hunter, Jared Ingersoll, Robert Ralston, Jonathan R. Smith, Andrew Bayard, Elias Boudinot, John Nelson, Ebenezer Hazard, David Jackson and Robert Smith, merchant, and their successors duly elected and appointed in manner as in hereafter directed, be, and they are hereby made, declared and constituted, a corporation and body politic and corporate, in law and in fact, to have continuance for ever, by the name, style and title of "Trustees of the General Assembly of the Presbyterian Church in the United States of America;” and by the name, style and title aforesaid shall for ever hereafter be persons able and capable in law as well to take, receive and hold all and all manner of lands, tenements, rents, annuities, franchises and other hereditaments, which at any time or times heretofore have been granted, bargained, sold, enfeoffed, released, devised or otherwise conveyed, to the said ministers and elders of the General Assembly of the Presbyterian Church of the United States, or any other person or persons, to their use, or in trust for them; and the same lands, tenements, rents, annuities, liberties, franchises and other hereditaments are hereby vested and established in the said corporation and their successors for ever, according to the original use and intent for which such devises, gifts and grants were respectively made; and the said corporation and their successors are hereby declared to be seized and possessed of such estate and estates therein as in and by the respective grants, bargains, sales, enfeoffments, releases, devises and other conveyances thereof is or are declared limited and expressed; also, that the said corporation and their successors, at all times hereafter, shall be capable and able to purchase, have, receive, take, hold and enjoy in fee simple, or of lesser estate or estates, any lands, tenements, rents, annuities, franchises and other hereditaments, by the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or devise, of any person or persons, bodies politic and corporate, capable and able to make the same. And further, that the said ministers and elders, under the corporate name aforesaid, and their successors, may take and receive any sum or sums of money and any portion of goods and chattels that have been given to the said ministers and elders, or that hereafter shall be given, sold, leased or bequeathed to the said corporation by any person or persons, bodies politic or corporate, that is able or capable to make a gift, sale, bequest or other disposal of the same; such money, goods or chattels to be laid out and disposed of for the use and benefit of the aforesaid corporation, agreeably to the intention of the donors, and according to the objects, articles and conditions of this Act.

SEC. 2. And be it further enacted by the authority aforesaid, That no misnomer of the said corporation and their successors shall defeat or annul any gift, grant, devise or bequest to or from the said corporation, provided the intent of the party or parties shall sufficiently appear upon the face of the gift, will, grant or other writing whereby any estate or interest was intended to pass to or from the said corporation.

SEC. 3. And be it further enacted by the authority aforesaid, That the said corporation and their successors shall have full power and authority to make, have and use one common seal, with such devise and inscription as they shall think fit and proper, and the same to break, alter and renew at their pleasure.

SEC. 4. And be it further enacted by the authority aforesaid, That the said corporation and their successors, by the name, style and title aforesaid, shall be able and capable in law to sue and be sued, plead and be impleaded, in any court, or before any judge or justice, in all and all manner of suits, complaints, pleas, matters and demands, of whatsoever nature, kind and form they may be, and all and every matter and thing to do in as full and effectual a manner as any other person, bodies politic or corporate, within this Commonwealth, may or can do.