THE UNITED PRESBYTERIAN CHURCH OP NORTH AMERICA. THE NINTH GENERAL ASSEMBLY met in the United Presbyterian Church, Xenia, Ohio, May 23, 1867, and was opened with a discourse by DAVID R. KERR, D.D., the retiring Moderator, from Psalm exxii. 9: "Because of the house of the Lord our God will seek thy good." After the discourse the Permanent Clerk reported the commissioners to the Ninth General Assembly of the United Presbyterian Church, J. A. DELEGATES FROM CORRESPONDING BODIES. PATRICK FAIRBAIRN, D.D., and Rev. JAMES WELLS, from The Free Church of Scotland. H. H. GEORGE, D.D., from The Synod of the Reformed Presbyterian Church. J. C. CRUIKSHANK, D.D., from The Reformed Protestant (Dutch) Church. J. B. DALES, D.D., of Philadelphia Presbytery, was elected Moderator. JOSEPH T. COOPER, D.D., was re-elected Stated Clerk. Rev. A. G. WALLACE was chosen Assistant Clerk. Bills and Overtures. J. R. DOIG, D.D., Chairman of Committee, reported as follows: OVERTURE, No. I.—A Memorial of the Sabbath-school teachers of the First United Presbyterian Church, Cincinnati, Ohio: It appears that the teachers of this Sabbath-school, with a view to render the school more attractive to the children, had conceived the idea of introducing a melodeon-that before carrying their resolution into effect, it was thought proper to acquaint the session of the church with their purpose, and they therefore addressed to them a communication on the subject. To this communication the session returned the following reply: "Resolved, That as the law of the United Presbyterian Church now stands, this session cannot approve the action of the teachers relative to the introduction of a melodeon into the Sabbath-school." The teachers of the Sabbath-school then called a meeting, and drew up what they call a protest against the adoption of the article in the Directory for Worship forbidding the use of musical instruments. It is the opinion of your committee that, while the Sabbath-school did well in recognizing the authority of the session, yet, as the Directory forbidding the use of instrumental music in the worship of God is, for the time being, of authority in the Church, the session did right in withholding their sanction from the proposed measure. They recommend that the conduct of the session of the First United Presbyterian Church, Cincinnati, in refusing to grant permission to the teachers in their Sabbath-school to introduce a melodeon, be approved. Adopted. No. II.—On the subject of Sabbath-schools. It was resolved that it shall be the duty of the Moderator of the General Assembly annually to nominate for adoption a standing committee of five persons on the subject of Sabbath-schools. Adopted. No. III. In reference to the Directory of Worship, as it is thought that in the judgment of some it would be more satisfactory if the article on instrumental music be made a subject of special overture, it was therefore Resolved, 1. That Revs. W. G. Reid, R. Gracey, and C. A. Dickey be appointed a committee with instructions to rewrite the Directory for Worship with reference to the amendments suggested by the Presbyteries, having a special reference to greater uniformity and system in the work; and that they publish the result of their labors not later than the 1st of Feb., 1868; and that the new draft be, and it hereby is, overtured to the Presbyteries, in order that they may vote aye or nay upon it, and report the ayes and nays to the next General Assembly. Resolved, 2. That the article on instrumental music in the present Directory for Worship is hereby made a special overture, and Presbyteries are directed to vote aye or nay upon it, and report the ayes and nays to the next General Assembly. No. IV. From the session of the congregation of San Francisco, California, asking what steps shall be taken in making out a call, as they wish the Rev. M. M. Gibson, who is laboring as a missionary, to become their pastor. It appears that this congregation is not under the care of any Presbytery. Mr. Gibson is the only ordained minister of our Church within hundreds of miles of them. Your committee are of opinion that a somewhat unusual course should be taken in the case. The committee think that upon placing this congregation under the care of the most convenient Presbytery, that Presbytery might appoint Mr. Gibson himself to moderate the call, or authorize some one of the ruling elders of that congregation to do so, and that upon receiving and sustaining that call, and receiving by letter Mr. Gibson's acceptance of the call, the Presbytery might declare him the settled pastor of said congregation. It was therefore Resolved, That the congregation of San Francisco, Cal., be placed under the care of the Presbytery of Oregon; and that said Presbytery take such measures as soon as practicable to consummate the wishes of this congregation. Judicial Committee. A. YOUNG, D.D., Chairman, reported as follows: JUDICIAL CASE No. I. Being an appeal of Adam Green from a decision of the Synod of Illinois, The committee have examined the records and papers, and find nothing to show that the appellants have furnished a copy of their reasons of appeal either to the Moderator or Clerk within the time required by law, or afterward. Therefore Resolved, That the case be dismissed as irregular. Pending the consideration of a motion to adopt the foregoing report, a question relative to the right of the Synod of Illinois to vote in this case was raised, when the following resolution was offered by Wm. Davidson, D.D: Resolved, That section 3d and chapter 12th in the Book of Government is not considered by this Assembly as giving it authority to exclude any Synod in the Assembly from voting on an appeal, except in motions where the Synod is a party in the case. The Moderator decided that members of Illinois Synod had not a right to vote on the question of adopting the report. Dr. Davidson appealed from the decision of the Moderator; the appeal not being sustained, he asked leave to have his dissent and that of others from the ruling recorded, which is as follows: Against the decision of the Assembly, declaring that a Synod has no right to vote in the Assembly on any question of appeal to the Assembly from that Synod, the undersigned beg leave respectfully to dissent, because, 1. We believe the rule under which the Assembly made the decisionnamely, Book of Government, chapter 12, section 3-is there by mistake, and contrary to the judgment and intention of the Church. 2. Because the rule has been repeatedly violated since its adoption, and never once enforced, nor its enforcements so much as called for heretofore, and that its enforcement is now called for for the first time. 3. Because the rule under which the Assembly made the decision is not applicable in the present case--that Synod having no representatives on the floor of the Assembly. W. DAVIDSON, JOHN VAN EATON, A. ATEN. The report of the committee was adopted. No. II. Being the case of the Protest and Appeal from decisions of the Second Synod of the West by Samuel Wilson, D.D., and others." Your committee would report that the document bears the writer's date of October 10th, 1866, and the Moderator's certificate that he received it on the same day. The appellants' notice was not given within ten days, as required by the Book of Discipline. The papers relating to the case are, in other respects, regular. The committee respectfully recommend the adoption of the following, namely Resolved, That this report be approved. To this report of the committee Rev. D. W. Collins offered the following as a substitute : In the case of the appeal of S. Wilson, D.D., and others from a decision of the Second Synod of the West in the case of Rev. W. C. McCune, it appears that the appeal is endorsed by the Moderator of the Second Synod of the West as having been placed in his hand on the 10th day of October, 1866, while the Second Synod of the West adjourned on the 28th of September, 1866. This being two days over the time specified in the Book of Discipline, by which appeals are limited, would render this appeal irregular. But as it appears from the statement, both of the appellants and also of the Moderator of the Second Synod of the West, that the appeal, with the reasons thereof, was put into the hands of the Moderator as early as the 5th day of October, instead of the 10th, and thus is within the limit prescribed by the rule referred to, and the appeal only needs a correction of the date endorsed by the Moderator of the Synod aceding to the fact to make it regular; and as it appears that the Moderator of that Synod is present and desires to make the correction referred to; therefore Resolved, 1. That the Moderator of the Second Synod of the West is hereby permitted to amend his endorsement of the appeal according to the fact. Resolved, 2. That upon this correction the Assembly proceed to the issuing of the appeal. Pending the discussion, the commissioners of the Second Synod of the West-namely, Dr. Davidson and Rev. B. Waddle and Rev. R. B. Ewingwere declared by the Assembly to be entitled, in virtue of their commission, to the privileges of the floor in the consideration of the substitute. The substitute offered by Rev. D. W. Collins was adopted. Dr. Davidson, in his own behalf and that of others, asked leave to enter a dissent from the adoption of the substitute, should they see proper to do so. The request was accorded to him by the Moderator. The Moderator of the Second Synod of the West made the correction in the endorsement of the paper of appeal. The following dissent from the action of the Assembly was read: We, the undersigned, present the following as our dissent against the action of the Assembly in the case of Synod vs. McCune: 1st. Because the Assembly has no authority to change, or permit any individual to change, the record or official paper of a lower court certified to the Assembly. 2d. Because the records certified to this Assembly by the proper officer of the Synod show that the paper containing reasons of appeal in the case was not only not presented to the proper officer within the prescribed time, but was not then actually in existence, and could not, therefore, without a violation of our constitutional law (art. 3, sec. 16, Book of Discipline), be admitted by the Assembly. 3d. Because, in the judgment of the undersigned, the Assembly clearly disregarded the 16th sec., chap. 10, Book of Discipline, in allowing parol testimony to set aside written record. Signed by The Moderator appointed Revs. Wm. Findley, J. Patterson and Elder Robert McConnell to answer the reasons here given, and also a previous dissent from his ruling. This committee reported the following response, which was adopted: Your committee present the following answers to the reasons for dissent from the action of the Assembly, declaring that the Synod of Illinois has not the right to vote on any question concerning the disposition of the appeal from that Synod: 1. The dissenters admit that the rule on which the Assembly acted is in the Book of Government, and it is there by the authority of the Church, expressed through the proper organ, her highest court, a preceding General Assembly; and it is believed that while the rule is wise and proper, and is in accordance with the uniform practice of our own and other Presbyterian churches, its validity is now for the first time called in question. 2. It is believed that the second reason for dissent is not in accordance with the facts of the case; and if it were, the repeated violation of a wise |