discussion, committed to Mr. Beach, Mr. Vail and Mr. Hoyt.-1833, p. 393.

f. The Committee to whom was referred Overture No. 2 made a report, which was read and adopted, and is as follows, viz.:

The Committee appointed to consider and report on Overture No. 2, which is in the following words: "Is it lawful and consistent with the order of our Church for a church court to reconsider and set aside its own decision in a case of discipline, after a lapse of five or six years from the time the decision was made, after the court has so changed, that many of its members were not members at the time of the decision, and when no new testimony is proposed?" beg leave to report that, in their opinion, the proper answer to this overture will be found included in the following principles, viz.:

1. Our Book of Discipline, chap. ix., sec. i., provides, that if after a trial before any judicatory, new testimony be discovered, which is supposed to be highly important to the exculpation of the accused, it is proper for him to ask, and for the judicatory to grant, a new trial.

2. It is very conceivable that after the lapse of five or six years the sentence of an ecclesiastical court, which was originally considered as just and wise, although no new testimony, strictly speaking, has appeared, may in the view of the church appear under an aspect equivalent to new testimony, and calling for reconsideration; yet,

3. Inasmuch as the frequent reconsideration of cases adjudged by the inferior judicatories, without the appearance of new testimony, admits of great and mischievous abuse, and might lead to an endless recurrence of reviews and reversals of former decisions, in the absence of a majority of the court pronouncing the same; it is evidently more regular, safe and for edification, when a review of a decision, without the disclosure of new testimony, is thought desirable, to refer the case to the next higher judicatory.-1833, p. 405.

III. References are either for mere advice, preparatory to a decision by the inferior judicatory; or for ultimate trial and decision by the superior.

a. A reference from the Presbytery of Chenango asking advice in the case of Rev. Edward Andrews, a member of that body, who has recently withdrawn and received episcopal ordination, was taken up. See Form of Government, chap. x., sec. viii.—1828, p. 239.

See also 1832, p. 363.

b. The permanent clerk announced to the Assembly that there had been put into his hands a reference from the Presbytery of Philadelphia of the whole case of the Rev. Albert Barnes before that body. This case was referred to the Judicial Committee.-1831, p. 321.

IV. In the former case, the reference only suspends the decision of the judicatory from which it comes: in the latter case, it totally relinquishes the decision, and submits the whole cause to the final judgment of the superior judicatory.

[Against the reference above, iii., a complaint was entered, as also a complaint against the action of the Presbytery in the case. After the whole proceedings of the Presbytery had been read, and the sermon entitled" The Way of Salvation,"] the parties then agreed to submit the case to the Assembly without argument, when it was resolved to refer the

whole case to a select Committee. Dr. Miller, Dr. Matthews, Dr. Lansing, Dr. Fisk, Dr. Spring, Dr. J. McDowell, Mr. Bacon, Mr. Ross, Mr. E. White, Mr. Jessup and Mr. Napier were appointed this Committee.1831, p. 325.

Subsequently, the Committee to whom was, referred the whole case in relation to the Rev. Albert Barnes, made a report, which being read was adopted, and is as follows, viz. :

That after bestowing upon the case the most deliberate and serious consideration, the Committee are of the opinion that it is neither necessary, nor for edification, to go into the discussion of all the various and minute details which are comprehended in the documents relating to this case. For the purpose, however, of bringing the matter in controversy, as far as possible, to a regular and satisfactory issue, they would recommend to the Assembly the adoption of the following resolutions, viz. :

Resolved, 1. That the General Assembly, while it appreciates the conscientious zeal for the purity of the Church, by which the Presbytery of Philadelphia is believed to have been actuated in its proceedings in the case of Mr. Barnes; and while it judges that the sermon by Mr. Barnes, entitled "The Way of Salvation," contains a number of unguarded and objec tionable passages, yet is of opinion that, especially after the explanations which were given by him of those passages, the Presbytery ought to have suffered the whole to pass without further notice.

Resolved, 2. That in the judgment of this Assembly, the Presbytery of Philadelphia ought to suspend all further proceedings in the case of Mr. Barnes.

Resolved, 3. That it will be expedient, as soon as the regular steps can be taken, to divide the Presbytery in such way as will be best calculated to promote the peace of the ministers and churches belonging to the Presbytery.

With respect to the abstract points proposed to the Assembly for their decision in the Reference of the Presbytery, the Committee are of the opinion that if they be answered they had better be discussed and decided in thesi separate from the case of Mr. Barnes.

The Judicial Committee reported that the other complaints and the reference in relation to the case of Mr. Barnes, they considered as merged in the report just adopted. This report was accepted.

The Assembly having finished the business in relation to Mr. Barnes, united in special prayer, returning thanks to God for the harmonious result to which they have come; and imploring the blessing of God on their decision.-1831, p. 329.

V. Although reference may in some cases, as before stated, be highly proper; yet it is, generally speaking, more conducive to the public good, that each judicatory should fulfill its duty by exercising its judgment.

VI. Although a reference ought, generally, to procure advice from the superior judicatory; yet that judicatory is not necessarily bound to give a final judgment in the case, even if requested to do so; but may remit the whole cause, either with or without advice, back to the judicatory by which it was referred.

[See under viii., below.

The Committee appointed to draw a minute on the subject of the

memorial from the session of the First Church in Genoa, reported the following, which was adopted, viz.:

Resolved, That the church of Genoa be referred to the minute of the Assembly formed in the case of David Price, in the year 1825; from which it will appear, that in the judgment of the Assembly, "an admonition" was "deserved" by the said Price, in consequence of his unchristian conduct. And it is the judgment of this Assembly, that the session ought immediately to have administered such admonition; that they ought still to administer it; and that if the said Price refuse to submit to such admonition, or do not thereupon manifest repentance and Christian temper, to the satisfaction of the church, he ought not to be received into the communion of that or any other Presbyterian Church.--1827, p. 202.

VII. In cases of reference, the members of the inferior judicatory making it, retain all the privileges of deliberating and voting, in the course of trial and judgment before the superior judicatory, which they would have had, if no reference had been made.

VIII. References are, generally, to be carried to the judicatory immediately superior.

1. Reference Directly to the Assembly Permitted.

a. The General Assembly sympathize with you (the Presbytery of Harmony) in the painful business detailed to them, and lament the unpleasant events which have taken place relative to Dr. Kollock. And it would afford the Assembly no small degree of pleasure fully to comply with the request of the Presbytery, and in such manner as to remove their difficulties and heal the wounds which have been inflicted. It will be admitted by all that the decisions of the Assembly should be marked with correctness and wisdom, and it will be as generally admitted that it is highly needful to enable them to do this, that they have a correct and clear view of the cases or facts on which they are to decide. The Presbytery of Harmony request the Assembly to examine their conduct, and to censure or support them, as they shall appear to have done right or wrong. The Assembly are ready to do this, and it is believed will cheerfully do it as soon as the records of the Presbytery of Harmony, which relate to this subject, shall be fully before them. In the mean time, it is with pleasure that the Assembly reflect that the Presbytery of Harmony, by carrying this subject to the Synod of which they are a constituent part, may probably obtain a more speedy relief than they could receive in the event of waiting for the decision of the next General Assembly.-1816, p. 615.

b. The Permanent Clerk announced to the Assembly, that there had been put into his hands a reference from the Presbytery of Philadelphia of the whole case of the Rev. Albert Barnes before that body. This case was referred to the Judicial Committee.-1831, p. 321.

c. And the case of the Rev. Horace Belknap, referred to the General Assembly by the Presbytery of Harmony. Referred to the Judicial Committee. 1831, p. 319.

[See also 1832, pp. 362, 363.]

d. Overture No. 6, viz.: A request from the Presbytery of Delaware for advice in a certain case, was referred back again to the Presbytery for a more particular statement of the case, and that said Presbytery may send it, in the first place, to the Synod for advice.-1832, p. 362.

IX. In cases of reference, the judicatory referring ought to have all the testimony, and other documents, duly prepared, produced, and in perfect readiness; so that the superior judicatory may be able to consider and issue the case with as little difficulty or delay as possible.

1. Testimony Attested by the Moderator and Clerk Sufficient.

The following question, signed by William C. Davis, "Whether testimony taken before a session, and sent up to the Presbytery under the signature of moderator and clerk, will not be sufficient in references as well as appeals to render the case thus referred both orderly and cognizable by Presbytery," was answered in the affirmative.-1797, p. 128.

2. A Superior Court may Entertain a Reference which is not Accompanied by the Testimony, and Proceed itself to take it. The records of the Synod of Kentucky approved, "with one exception, viz.: According to the record on page 66, the Synod taught and acted on the principle that a Presbytery acts irregularly, which upon the reference of a church session, takes the testimony and issues the case according to its bearings, even when the parties concerned agree to the reference. Your Committee are of opinion that this principle is wrong in itself, and evil in its tendency, and therefore recommend this Assembly to express its disapprobation of it."-1853, p. 455, O. S.

In reply to a protest against this decision, the Assembly says:

The action condemned is not "in exact accordance with the Constitution, Discip., chap. vii., sec. ii., art. ix.," as asserted by the protestant; the article referred to containing a rule, designed to facilitate business, but as its language shows, it does not preclude a Presbytery from taking original testimony in certain cases, and it does not appear from the records that the Presbytery of Muhlenburg was irregular in so doing.-1853, p. 456, O. S.

Reference, except from Synods or Presbyteries, Discouraged.

The report of the Joint Committee on Reconstruction recommended the following, which was adopted:

As much time is consumed, and the attention of the Assembly distracted with overtures and questions of minor importance, coming up from various quarters, impeding the transaction of business of more general interest, it is recommended that the Assembly order that, hereafter, bills and overtures come up only from Synods or Presbyteries; yet, that this may not prevent any Committee of Bills and Overtures from bringing before the house, of its own motion, upon a two-thirds vote of the Committee, any matter which they may deem of sufficient importance to engage the attention of the General Assembly.-1870, p. 90.

SECTION III.

OF APPEALS.

I. An appeal is the removal of a cause already decided, from an inferior to a superior judicatory, by a party aggrieved.

[Before the adoption of the Constitution in its present form, in 1821, no distinction was made between an appeal and a complaint. The common form was, 66 we appeal and complain." Under this broad title any decision whatever was carried by any parties from the lower courts to the higher. Appeals are limited, by the present Constitution, to the original parties to a case who may deem themselves aggrieved, and to cases which have been judicially decided by a lower judicatory. Under this head, however, are included all cases of whatever character which have been the subject of a decision by an inferior judicatory. Cases showing the parties whose appeals have been entertained, and the subjects to which they pertain, may be found under secs. ii. and iii.; sections vi., vii., viii., ix., x. and xi., apply also to complaints. The same case was tried both as an appeal and a complaint.-1834, p. 431; 1835, p. 490; 1836, p. 276.

1. The Death of the Respondent bars further Prosecution. And on page 277 it appears that the Synod of New York decided that the death of Rev. Mr. Griffith should be no bar in the way of the prosecution of an appeal by his prosecutor from the decision of the Presbytery of Bedford acquitting Mr. Griffith. With these exceptions, the Committee recommended that the records be approved. Their report was adopted.-1833, p. 400.

2. Appeals Limited to Judicial Cases.

The complaint of A. D. Metcalf, etc., against the Synod of Virginia, for deciding that appeals may lie in cases not judicial, was taken up. The decision complained of, the reasons of complaint assigned by the complainants, and the whole record of the Synod in the case were read. The complainants were heard in support of their complaint. The Synod were heard in defence of their decision. The roll was called, that each member of the Assembly might have an opportunity of expressing his opinion. After which, the vote was taken, and the complaint was sustained.-1839, p. 160, O. S.

II. All persons who have submitted to a regular trial in an inferior, may appeal to a higher judicatory.

III. Any irregularity in the proceedings of the inferior judicatory ; a refusal of reasonable indulgence to a party on trial; declining to receive important testimony; hurrying to a decision before the testimony is fully taken; a manifestation of prejudice in the case; and mistake or injustice in the decision-are all proper grounds of appeal.

[Appeals have been Entertained and Issued for Causes Named, viz.,] 1. For Refusing to Permit a Call.

a. The unfinished business of yesterday, viz., an appeal from a decision of the Synod of Philadelphia, affirming a decision of the Presbytery of