For this prefer- ence he would state his reasons in brief; that the sy- nod might not suppose he had proposed a step so im- portant without having good reasons for it. Is it in order now to discuss the merits of that book? But the suliiect is not only a difficult one: it is a delicate one. Ij RECKi NRi DGE having re^^uced his motion into the form of a written order. It may be a conscien- tious objection, fcjurely they ought to be heard in explanation of it. The paper pre- sented here has not been received as a plea to our jurisdiction: it is entered on our records only as tlie Presbytery's reply to our demand for their records in this case. Miller) who altered the plan as it came from my hands, by inserting the words "at and afier :" the effect of which was, that the Synod of Delaware remained in existence, and in all its rights, until tlie day this Synod convened. But I can asbure him that I have difli- culties on that ground; and I will tell Jiim why I dif- fer from him in opinion. 1 never either studied or practised law; but I have often at- tended courts, both civil atid criminal; and 1 have there learned some of the principles of judicial juris- diction: and the same principles, being of a general nature, may usefully be applied to courts ecclesias- tical. Now, in civil courts, it is well known that no court but that in which the trii U commences can make up t he record : and il it is niut ilated , or lost, no other authority can amend or restore it. And 1 have inyseli" iseen the point decided from ilie bencli.
If this recommendation was adopted, the synod would stand pledged to go into the trial and issue it : but Mr. would prefer that the whole subject be referred to the next General Assembly. I meant no oti'ence, and shall not repeat the remark. When the jiariies say they are 2t TRIAL OF not rendy lor trial, can a judicatory compel them, nolens volens, to come forward and be tried ? We can order them to produce the books: if they will not do It, 1 think the Olerk of that Presbytery should be arraigned ; but in the meantime we can go ahead. When a party pleads to the jurisdiction ofa court before which it is to be tried, it is usual to permit the jjarty lo be heard. It is at least soniewhai singular that it should have been Ihe same individual who laid the plan, and who now takes advantage of it to thwart our proceedings. It was not I, but one of the fathers of the Church, (Dr. My hearing as you all must peiceive is S'ery defec- Uve, •26 TRIAL OF Mr. It was the opin- ion ol'the court below, and on looking at the chapter on api-eals, in our Book ol" Discipline, 1 am ol' the same opinion that Mr. It is afar easier task to throw out sarcasm and invective, than to an- swer argument, A father has said that he is asto- nished tiitre should be any difficulty felt on the score of defective evidence, because he thinks it is complete and perfect. The book the brother holda in his hand expressly provides that if a record is mu- tilated you may supply it. I have on this subject the opinion of an eminent judge.
There is another reason why the Synod ouglit not to refer this case, but to discuss and decide it. Breckenridge opposed the postponement, because the committee appomted to draft the narra- tive wanted these papers in their hands, that they might be able to prepare their report. Vowel warmly opposed ihe dispensinsr with the refiding of these reports, and the postpanement. Barnes, that he, (although the party accused.) knew no hing of the inten- tion of ihc Presbytery or of any of its members, to enter a plea until he came to this Synod.
We have been told that to send uj) to a higher court that which rightfully per- tains to this judicatory will be anti-Presbyterial. I know that many of our churches expect the Synod to do its duty on the pre- mises. Our church- es look for it, and they will not be satisfied if we take any other course. What could be of more iniitortance than the condi- tion oleligion? to be considered in preference to this by a body of' Christian ministers and representatives of Christian people? The question on postponement bcincr put, it was carried by a very large majority. The first question to be asked, be- fore proceeding to consider and the appeal of Dr. The Presbytery appealing, state as the ground of their appeal, that they appeared, that they were ccnsund unheard.
This oon- stant reference to some great apprehended excite- ment, was, itself, the most effectual cause of excite- ment. I had the high privilege to witness the proceedings in this case in the court be- " 1* 10 TRIAL OF •low : and all who like me were preeent on that occa- sion can testily, as 1 most expressly do, that nothing transpired there which had any tendency whatever to injure the cause of Jesus Christ, if it had happened before any audience whatever. B-iriics, ihey answered in writing, wiiich an- swer is on record, that the Synod had no jurisdiction of said case, iiiasmucli as the said Presbytery, at the time the appeal was taken, belongtd to the Synod of Deiawaie, and that thereiore they refused to surrender tlie records in (jiestion.
It tended directly to produce what it depre- cated. So far was this from being the case, that I heard Bome of the auditors on that occasion say, they could with i)leasure have sat for weeks listenmgto so delightful and interesting a discussion of the great doctrines oithe gospel. Barnes pleads to the jurisdiction ol the court, we are ready to hear him. Is the sentence of the Presbytery, appealed from here, present ? Ely now read the minute of Presbytery, as follows : At a meeting of the [Assembly's] Second Presbytery of Philadelphia, at York, Pa. 29th, 1835, the following minute was adopted, viz: " Whereas the General Assembly of our Church dissolved the Synod of Delaware, at and after the meeting of the Sy- nod of Philadelphia, which occurred yesterday ; whereas the 22 TRIAL OF said Assembly passed no order for the transfer of the books, minutes, and unfinished proceetiings of the Synod of Dela- ware and of tiie Presbyteries then belonging to the same, to any other Synod or judicatory ; and whereas his utterly in- consistent with reason and the excellent standards of our church, that any Presbytery should be amenable to more than one Synod at the same time, therefore Resolved, that the Presbytery will and hereby does dec Hne to submit its books, records, and proceedings, prior to this dale, to the re- view and control of the Synod of Philadelphia, until the General Assembly shall take some order on this sublet." A true copy from the minutes. It appeared, nioreovi r, from ihe acknowledgment of the staled cletk of said Presbviery, that these records were in the house. V\*haiever doctrine exalts man is diametri- cally opposite to the Bible. party on trial: decliitinfj to receive important testi- mony : hurrying to a decision belbrc I lie testimony ia fully taken: a maiiilestation ol" prejudice in the case: and mistaite or inju Kiii-e in the decition, are ail pro- per grounds oi aijpeal.'' Suppose an appeal is taken on the ground ol' prejudice ; ihen you ai e to examine that point: you are to hear lestnuony on ii : you liavo to determine that, and that only. L'u nes must be bad: tor their eti'ect is to raise man in his own estimation, and just in the eame proportion to bring down the glory of God our Savior. What he says on pages 164 and 165 ol his 194 TRIAL OF book, on that point, docs not sati.^fy mo. If I understand the provisions of cur conslilutio.'i on the subject oi api)eals, the thing ope- rates in iliis way: When a cause has been irit t* in a court below, and is curried up by appeal to a higher tribunal, the original panics are there oul. To show you that, iii^ this opinion, I stand on ijolid Tn'We lii^Jl'prace, wl'iat are the grounci.^o Ay'^c^il",' " Any irregularity in the proceed] gs of the iafcriof MR. 195 Judicatory: a re Risal of rensonuble indulgence to n. ALBERT BARNES, BEFORE THE SYNOD OF PHILADELPHIA, Iia Ses Mon at Torli, October 1835. AS REPORTED FOR THE NEW YORK OBSERVER, BIT ILBTHUR J- ST AKSBXTRir . The Prosecution was aimed not at him, personally, but rather at the the- ological views embraced and promulgated by him . and that a faithful and important expose of the whole scene should be presented to the Church. The Assembly, as we all know, will have much to dn : and when cases have been thus referred to that body they have in every instance sent the matter down again to be issued by the judi- catory below : and if I should be a member of the next Assembly I think I should make a motion of that kind, should the case be sent there. I move you that the Stated Clerk of the Assembly's 2d Presbytery be ordered im- mediately to lay on the table of this Synod so much of the records of that Presbytery as relate to the case ol Dr. If tiie book contracucls itself, and may be e.xplaincd to mean either one tiung or the op- posite, eacli man will of cour.^e explain it in his own way, and will take such iaris as agree with his own Tiews. Only carry out these principles and they subvert the whole grounds of my hope in Christ, I think that the appellant has fully sustained all the charges ; though 1 do not say that he has established all with equal clearness. Barnes was an important event in the Presbyterian Church. cently preceded it, principles and not men, were at issue. It was there- fore very desirable, not only that all the steps in the proceedings should be carefully noted down, but that the arguments in support of them, and the sentiments of the leading men engaged, whether in effecting, or in opposing them, should be preserved! At the opening of Synod, 245 members were present, viz. On the vote for Moderator, 230 votes were siven, viz. This business having been disposed of, the ap- peal taken by the Rev. 1 move you, sir, that this ap- peal be referred to the next meeting of the General Assembly. I am opposed, in all instances, to having an inferior court rel'cr its own duties to a higher, unless in cases far niore special than I appre- hend this to be. From the day of your meeting, "at and after" that day we became subject to your control: but till then you have no power in respect to us or our doings. We condemn the inquisition in Spain and Portugal: I hope we shall not introduce it here. W e are called upon to dispose of the errors in Mr. g so we must put u|)on 'ts language our own interpretation. A man would not write such things as are m this book if he knows the use of language and does not intend to convey such a ineaniiig as the words express. The first point, is that all sin consists in action : then that faith is an aci and not a principle: then, in accordance with this, that we are not cliargeable with Adams' transgression ; the denial of this is part and parcel of the system. All the points are not equally injportant, yet they all constitute one connected system ; and the whole form a battery, levelled at the very foundations of the Presbyterian Church. Cu YLER from the Judicial Committee, made a report on the Appeal of Dr. declaring the ap- peal to be in order, and recommending that the synod do take it up. Barnes's book, on which the appeal was founded, abounded in contradictions; and that, to such a degree, that it was impossible from the peru- eal of it, to say what was the real belief of the author. No one that is acquainted with the past can hesitate to believe that popular preju- dice will set strongly against any decision which this synod may make in the case. You have no rijzht to direct oar Clerk to obey yon: he is bound to o Bey only the orders of his own Pre.-bytery. Those acts can now be re- vised only by the highest tribunal of the church. As for the transfer of the records it was a thing I never thought about. The parties in this cause were under the jurisdiction of another Synod, which con- tinued in being till the 23th of October instant, but which reased to exist the moment we convened. And this opinion is preaiiy strensiem will not be complete at once. I am not insensiole to ti.e responsihilitiee under •which I am called to act: at the same time I am not conscious that 1 came here with any piejudici s but a love to the truth. Bui, in re gard to the sentiment contained in hi-s book, 1 cannot say that my acquaintance has been so ha|)py. The book of discipline declared that " cases of a peculiarly dif- 1 6 TRIAL OF ficult or delicate nature migrht be referred to a high- er court." This was certainly a case of that deecrip- tion : it wae both ditlicult and delicate; difficult, be- cause Mr. There is a question of popular prejudice in the way. I admit it to bo right to hear the original parties; but the appeal is from the act of the Presbytery, and iroio that alone. If itsliall turn out that in this case there has been what Websrer called " a leak in the law," that leak should be stopped. But it will be well for you to recollect, that our proceedings previous to the date of the commencement of your power over us are not subject to your revision, and you have no power to bring them before you. These words occasioned an important difference in the lorm and effect ot the Resolution. As there are law- yers here, 1 challenge contradiction to this position. 1 luive known, when ii has been discovered ihat the record has been mutilated, the court to reluse to pio/eed in the cause. 1\^ acquaintance with ihe accused party, yet all my leeiinf^s toward him were in his liivor. The judge bel.iw, whose decision is appealed from, puts the records ia his pocket, and takes them iiome witii him; ajid then pleads to the jurisdiciion of the couit above, and when the records are called lor, refuses to give them Up. Error has been clearly demonstrated on some points, but not so clearly on others. And, in the present case, as we have not all the testimony, 1 cannot, in view of my ordination vow to maintain the constitution ot our church, vole at all, c or the other. Il'it was in a civil court, we should very quickly know what to do with him. Sir, the records ol" the universe do not show such a case. I move to amend the words of the order moved by brother Breckinridge for the books of the Presbytery by striking out the Words "stated clerk of" : so that the order should be directed to the . Some of the doctrines quoted from the book, hov/ever, arc palpa- bly against our standards. In deciding tlie appeal, it ia necessary to have the testimony, and a// the testi- mony, which was laid before the court below. Beecher, are approved and held by a large number of Ministers and Members of the Presbyterian Church, the case naturally excited great interest '■ and its decision is likely to be followed by exten- sive and important consequences. Wednesday and part of Thursday were occupied chiefly in discussing the right to their seats of certain elders, belonging to churches newly formed and at- tached to the (Assembly's) 2d Presbytery of Philadel- phia. from a decision of the Assembly's Second Presbytery of Philadelphia, acquitting the Rev. , of Philadelphia, from a charge of heresy preferred against him by Dr. 1 think we must all feel the pressure of this difficulty. 1 mean to in- sinuate no such idea ; for 1 know and feel the contrary to be true : but I fear that act how we may we can- not act satisfactorily. I am opposed to the motion for refer- ence, and I will state a few of the reasons which in- duce me to oppose it. The Clerk of the 2d Presbytery is their ol Ticer, and the Synod has no power to " arraign" any one ol its members for not obeying those who have no right to command iiim. We plead to your juris- diction as having no retrospective control. Now one of the par- ties declares itself not to be ready for trial : and there seems to me something inquisitorial in our attempt- ing to compel them to stand a trial, ready or not ready. But he does not rest there: but contmuing his downward course, he never .-tops till at last he takes up his rest m the error to wliicti he has lieen tcntling. ay here are pas- sages whicii are clearly erroneous, and he will inter- pret all the rest of the book by these pari.-^ of ii. 1 lldnk we, are bound to take up the book and judge of its language by the simple rule ol common sense. The system tliere taught, us far as it is laid down, amounts to a dilierent doctrine, " another gospel." It seems to me that the appellant has acted wisely in the arrangement of his charges.The doctrinal views presented in this trial and in that of Dr. Itisoneofthe duties of this synod to doit: and are we going to shrink Irom our duty? We have here a large body of our elders, who have, at great personal sacrifice^ left their em- ployments, and who wish to be instructed, and to car- ry home what they hear, and be able to tell to the sessions what they heard with their own ears about these matters. I think, therefore we should take it up without delay. Cathcart said he should rejoice to have the case referred, under certain circumstances. we all have our'prejudices : but as it will have to go to the Assembly at last, my wish is that it should go now ; but with this restriction. We are bound by our ordination vows to maintain the purity as well as the peace of the church. Winchester, Irom the committee appointed to draw up a report in answer to ihc appeal ol" ihe 2d Presbytery of Pliila-! : The commiitee on the paper purporting to be an appeal, &c. l)eg leave to report, that said Presbytery have suited in their appeal that their widiholding the recor Js in the case of Mr.