3. The Lower Courts must Respect the Decisions of the Superior. a. The records of the Synod of Missouri were approved, except a resolution on page 324, viz., "That the action of the General Assembly in May last, in relation to the political condition of the country, was unscriptural, unconstitutional, unwise, and unjust; and we therefore solemnly protest against it, and declare it of no binding force whatever upon this Synod, or upon the members of the Presbyterian Church within our bounds."-1862, p. 631, O. S.

b. The records of the Synod of Kentucky were approved with the following exception:

That this General Assembly cannot approve the Synod's disapproval of the action of the Assembly of 1861, as recorded in the Synod's minutes on pages 49 and 50.-1862, p. 631, O. S.

4. A Synod Reproved for Failure to make a Deliverance. The Committee on the Records of the Synod of Kentucky presented a report, which was amended and adopted, and is as follows:

The Committee recommend that the records be approved with the following exceptions: 1st. The action of Synod on page 144, taking exceptions to the action of the last General Assembly on slavery. 2d. That the Synod has wholly failed to make any deliverance during the past year calculated to sustain and encourage our government in its efforts to suppress a most extensive, wanton, and wicked rebellion, aiming at nothing short of the life of the nation.-1865, p. 541, O. S.

5. Censured for Insubordination.

a. Resolved, That this Assembly does not approve the records of the Synod of Missouri; that so much of said records as attempt to declare null and void the previous action of the Synod, which had been formally approved by the Assembly, is an act of insubordination, which said Synod is hereby required to reconsider and reverse; that they report to the next Assembly what they have done or failed to do in the premises, and until that time the usual certificate of the moderator be withheld.*

The remaining portion of the report was then adopted as follows:

On page 365, where the Synod reaffirm their testimony of November, 1861, with regard to the action of the Assembly of the same year, known as the Spring Resolutions-which testimony declares the action of that Assembly on the state of the country to be "unscriptural, unconstitutional, unwise, and unjust; of no binding force whatever on this Synod, or upon the members of the Presbyterian Church within our bounds."

The Committee also recommend that, besides excepting to the record as above stated, the repeated exhibition of such a rebellious spirit, on the part of any inferior court toward the supreme judicatory of the Church, should not pass without censure.-1866, p. 97, O. S.

6. The Synod of Albany claim and exercise the right of disregarding the exceptions to their records by the General Assembly of 1847, which they consider disrespectful and disorderly.-1848, p. 48, Ŏ. S. Also 1824,

P. 116.

e. Finally, the Assembly cannot but express their disapprobation of the concluding paragraph of the memorial of the Synod of Ohio, in which they

*The next year, the Synod having complied with the requirements of the Assembly, as appeared from an official transcript of its records on the subject read to the Assembly, the moderator was directed to approve the records of the Synod of Missouri of last year.-1867, p. 316, O. S.

say, "the Synod consider the judgments entered upon their records against Samuel Lowrey in October, 1822, as remaining in full force," etc.

This declaration, notwithstanding the respectful expressions of the Synod, is apparently wanting in the respect due from an inferior to a superior judicatory; and is repugnant to the radical principles of the government of the Presbyterian Church. If an inferior court has authority to declare that its own decisions are in force, after they have been reversed by a superior court, then all appeals are nugatory, and our system, as it relates to judicial proceedings, is utterly subverted. The Assembly are willing to believe, however, that the Synod of Ohio did not mean to set themselves in opposition to the highest judicatory of the Church, and that when they have reconsidered the matter, they will rescind what is so manifestly inconsistent with the principles of the Constitution, which they have bound themselves to support.-1824, p. 116.

[For illustrations of the exercise of the power of review and control see Form of Government, chap. xi., sec. i., 1, a, b; sec. ii., 1, a, b, c; 6, a, b; sec. iv., 2, 3; secs. v. and vi., passim.]

IV. No judicial decision, however, of a judicatory, shall be reversed, unless it be regularly brought up by appeal or complaint.

a. [In a case where the organization of a Presbytery was irregular, see above, Form of Government, chap. x., sec. ii. The Assembly inter alia declare-]

The Book of Discipline, however, prescribes, chap. vii., sec. i., sub-sec. iv., that "no judicial decision of a judicatory shall be reversed, unless it be regularly brought up by appeal or complaint."

The trial of a minister under the circumstances proposed in the overture must be regarded as any other trial where there has been informality or irregularity in the citation or other preliminary stages of the process. The trial, with the judgment based upon it, must be respected until the Synod, as the superior judicatory, shall judge how far the irregularity vitiates the proceedings and defeats the ends of justice, and shall annul or confirm the same.-1861, p. 457, N. S.

b. The Synod likewise seems to have erred in censuring as they did the Committee of the Miami Presbytery, and in acting inconsistent with Constitutional Rules, chap. vii., sec. i., sub-secs. ii. and iv., by virtually reversing a judicial decision, and this without citing the Presbytery to appear and answer, on the mere review of their records.-1857, p. 45, O. S.

V. Judicatories may sometimes entirely neglect to perform their duty; by which neglect, heretical opinions, or corrupt practices, may be allowed to gain ground; or offenders of a very gross character may be suffered to escape: or some circumstances in their proceedings, of very great irregularity, may not be distinctly recorded by them. In any of which cases, their records will by no means exhibit to the superior judicatory a full view of their proceedings. If, therefore, the superior judicatory be well advised by common fame, that such neglects or irregularities have occurred on the part of the inferior judicatory, it is incumbent on them to take cognizance of the same; and to examine, deliberate, and judge in the whole matter, as

completely as if it had been recorded, and thus brought up by the review of the records.

[See Form of Government, chap. xii., sec. v.]

VI. When any important delinquency, or grossly unconstitutional proceedings, appear in the records of any judicatory, or are charged against them by common fame, the first step to be taken by the judicatory next above, is to cite the judicatory alleged to have offended, to appear at a specified time and place, and to show what it has done, or failed to do, in the case in question: after which, the judicatory thus issuing the citation, shall remit the whole matter to the delinquent judicatory, with a direction to take it up, and dispose of it in a constitutional manner, or stay all further proceedings in the case, as circumstances may require.

[See Form of Government, chap. xii., sec. v.]

1. Citation of Judicatories on Review or on Common Fame.

a. 1. Resolved, That the proper steps be now taken to cite to the bar of the next Assembly, such inferior judicatories as are charged by common fame with irregularities.

2. That a Special Committee be now appointed to ascertain what judicatories are thus charged by common fame; prepare charges and specifications against them; and to digest a suitable plan of procedure in the matter; and that said Committee be requested to report as soon as practicable.

3. That, as citation on the foregoing plan is the commencement of a process involving the right of membership in the Assembly; therefore,

Resolved, That agreeably to a principle laid down chap. v., sec. ix., of the Form of Government, the members of said judicatories be excluded from a seat in the next Assembly, until their case shall be decided.—1837, p. 425.

[After the passage of the acts declaring the Synods of Western Reserve, Utica, Geneva and Genesee to be no longer integral parts of the Presbyterian Church in the United States, the following was adopted, viz.:]

b. Dr. Cuyler, from the Committee appointed to consider and report to the Assembly on the subject of citing inferior judicatories, presented a report, which was amended and adopted, and is as follows, viz.:

The Committee believe, that, for the present, there is no urgent necessity to cite any inferior judicatories; and after what has been done toward the reform of the Church during the present sessions of the General Assembly, they believe it will be best to wait for a time, without further decisive action, in the hope that those portions of the Church against which serious charges are still made by common fame, will see the necessity of taking order on the subject, and doing, without delay, what truth and righteousness may require of them.

We deem it proper, however, to say, that several of the Synods are so seriously charged, in several respects, that this Assembly would be wanting in faithfulness to itself, to them, and to the cause of Christ, as well as to the principles of justice and fair dealing, in carrying out its own principles, if it did not specially urge several of them to give prompt and par

ticular attention to certain matters, in which they, or some of their Presbyteries or churches, are specially charged. We, therefore, recommend the adoption of the following resolutions, viz.:

1. Resolved, That the Synods of Albany and New Jersey be enjoined to take special order in regard to the subject of irregularities in church order, charged by common fame upon some of their Presbyteries and churches.

2. That the Synod of Michigan be enjoined to take special order in regard to the subject of errors in doctrine, so charged upon all its Presbyteries.

3. That the Synod of Cincinnati be enjoined to take special order in regard to error in doctrine, so charged as being connived at by several of its Presbyteries, and held by some of its members.

4. That the Synod of Illinois be enjoined to take special order in regard to errors in church order and errors in doctrine, so charged upon several of its Presbyteries.

5. That besides the general reference to the word of God and our standards, we refer the Synods above named to the testimony of this General Assembly, as to the nature of the errors and irregularities intended by it, in these resolutions. And said Synods are enjoined to take order on the subjects now referred to them for consideration and action, at their first stated meeting after this Assembly adjourns; and to report their doings herein, with whatever else seems to them necessary to elucidate the whole subject, in writing, to the next General Assembly.

6. And the said five Synods are especially enjoined, and all other Synods in our bounds are required, to cause to be laid before the next General Assembly, as far as possible, copies of all the abbreviated creeds and church covenants in use among their churches; which subject is also particularly commended to all our Presbyteries, both in relation to the present demand, and with reference to the testimony of this Assembly on that subject.-1837, p. 496.

SECTION II.

OF REFERENCES.

I. A reference is a judicial representation, made by an inferior judicatory to a superior, of a case not yet decided; which representation ought always to be in writing.

[The language of this section strictly interpreted would seem to limit the subject-matter of reference to judicial cases, and the parties referring to inferior judicatories. The usage of the Assembly, however, has been uniform, to receive, under the general head of "Overtures," memorials, questions and petitions from all sorts of sources and upon all manner of questions.]

1. The Right to Petition and to Memorialize the Assembly Affirmed.

a. We, the undersigned, members of Assembly, respectfully enter our protest against the action of the General Assembly in postponing indefinitely the resolution offered by Dr. Neill, in favor of the right of petition by our Presbyteries and Synods; because,

1st. No opportunity was offered to any member to express his views on the subject previously to the vote; thus the Assembly was hurried into a

decision, without opportunity to consider the great injuries done by thus virtually denying this sacred right.

2d. Because the spirit of our free Form of Government is thus violated, inasmuch as it secures to the lower judicatories the right of being heard on all moral and religious subjects, when they present their views in a regular and constitutional manner.

To this the Assembly reply:

The protest imputes to this Assembly a principle which it never adopted, viz., the denial of the right of petition. The true reason of the indefinite postponement of Dr. Neill's paper was, that as no one doubted the right of petition, a further consideration of the subject would consume time by useless debate and legislation. The Committee regard this statement as a sufficient answer to the protest in question.-1841, p. 449, O. S.

b. The Committee to whom was referred the protest of W. Bushnell and others in relation to the action of the Assembly on certain petitions respecting the abolition of slavery reported, recommending the adoption of the following minute:

The General Assembly recognizing the right of inferior judicatories, and private members, upon their own responsibility, to memorialize this body on any subject which they may regard as connected with the interests of the Church, and finding no fault with the language of the protest, admit it to record without further notice.-1844, p. 376, O. S.

2. One who does not Submit is Debarred the Right.

The Committee to which was referred the petition of Mr. Bourne reported, and their report being read was accepted. Whereupon it was resolved, that as it appears to be a fact that Mr. Bourne has not submitted to the judgment of the Assembly in affirming a decision by which he was deposed from the gospel ministry, he be permitted to withdraw his petition.-1823, p. 93.

II. Cases which are new, important, difficult, of peculiar delicacy, the decision of which may establish principles or precedents of extensive influence, on which the sentiments of the inferior judicatory are greatly divided, or on which, for any reason, it is highly desirable that a larger body should first decide, are proper subjects of

reference.

a. The Synod of the Carolinas referred to the Assembly the case of Rev. Hezekiah Balch, charged with error in doctrine.--1798, p. 151.

b. The Presbytery of Philadelphia on the propriety of their ordaining to the work of the gospel ministry a licentiate under their care who now holds the office of a chaplain in the navy of the United States. See Form of Government, chap. xv., sec. xv.-1826, p. 171.

c. The Presbytery of Cayuga relative to the constitutionality of a rule of that body. See Form of Government, chap. x., sec. viii.-1830, p. 284. d. The Synod of Philadelphia in relation to the right of Presbyteries to require every minister or licentiate, coming to them by certificate from another Presbytery or other ecclesiastical body, to submit to an examination before he be received.-1832, p. 355.

e. Overture No. 4, viz.: A reference from the Presbytery of West Tennessee, requesting an answer to the two following questions, viz. : "1. What are the nature and duties of the office of deacons? 2. What is the scriptural and appropriate mode of ordination ?" was taken up, and after some