The Sun.
London, England, 1835-06-05 00:00:00

DREGTIORN CASE.

The Assembly then took up the appeal of Mr. J. C. Jamie-
son, presented to the parish of Dreghorn, from a decision of
the Presbytery of Irvine, and referred by the Synod of Glas-
gow and- Ayr to the Assembly. The presentee had been pre-
sented to the parish before the decision of last Assembly re-
specting calls ; but that, on the parishioners objecting to him,
the Presbytery had delayed his appointment.
Lord MONCRIEFF moved that the appeal be sustained, the
judgment of the Presbytery be reserved, and that the Assem-
bly remit to them to sustain the call, and proceed with the set-
tlement according to the laws of the Church.
Mr. MONTEITH moved that the Assembly recal the judg-
ment of the Presbytery, and remit to them to endeavour to
remove causeless prejudices in the minds of the parishioners ;
but if the dissents should be persevered in, so that there shall
appear to be intrusion, that they then reject the call.
Majority for Mr. Monteith's motion, 1.
The Assembly then adjourned at 12 o'clock.

FRIDAY, MAY 29.

IRISH CHURCH QUESTION.
Dr. HALDANE intimated his regret that the Committee on
Bills had not included the overtures on the appropriation of
the revenues of the Irish Church.

Captain GORDON expressed his entire concurrence in the sen-

timents of his reverend friend.
Mr. DUNLOP deprecated the introduction of political sub-
jects into that house, and he should oppose any attempt to
make the Church a handle for promoting the interests of a
political party.
Mr. GIBBON, Lonmay, thought a petition from the Assem-
bly would have great weight with the Legislature.
Dr. P. MACFARLANE was decidedly opposed to its discus-
sion in the present Assembly, which had enough of business
before it to occupy every hour of its time. He should other-
wise have rejoiced to have expressed his opinion fully on this
important subject.

Captain GORDON moved—That the overtures from the Sy-
nods of Moray and Aberdeen on the subject of the appropria-
tion of the revenues of the Irish Church, and the overture
from the Synod of Ross on the subject of Irish education,
and the grant to Maynooth College, take precedence of all
other business on Monday next.
Mr. ROSE, Nigg, seconded the motion. He thought the
motion of Lord John Russell a direct encouragement to popery.
Mr. BRUCE of Kennet, suggested that the subject should
be decided at once.

After some further discussion, in which Mr. W. Paul, Mr.
Buchan of Kelloe, Mr. Fergusson of Kilkerran, Lord Man-
crieff, principal Dewar, and others, entreated Captain Gordon
to withdraw his motion, Dr. P. Macfarlane moved that in
consideration of the mass of business which must of necessity
be taken up by the General Assembly, the Assembly proceed
to the business of the day, which was seconded by Mr. Fer-
gusson of Kilkerran, who, at the same time, entered a pro-
test, that in voting as he should feel constrained to do on that
occasion, his opinion on the principle involved in the question
should not be considered compromised.
The roll was then called, when 130 voted for the amend-
ment, and 45 for the motion.

OVERTURE ON CALLS.

The Assembly then proceeded to take up the overtures and
interim acts as to the calling of Ministers. Disapprobation
of the second overture was in most cases expressed, and in all
was distinctly implied in the returns from the 26 Presbyteries
which disapproved of the first overture.
Lord MONCRIEFF proposed that the overture transmitted to
the Presbyteries by the last Assembly, should be passed into a
standing law. 47 Presbyteries had approved of the overture,
and 26 had disapproved of it, and there were a certain number
who had made no return; and though he was not entitled to
speak of these as approving of the overture, yet he believed
that several of them did approve of it. When he looked
over the list of Presbyteries who did approve, he found every
one of the large Presbyteries of the Church among the num-
ber. The Presbytery of Edinburgh, Glasgow, Paisley, Perth,
Dundee, Inverness, Aberdeen, Dumfries, Stirling, Dumbarton,
and several others,__ all approved of the overture.
Dr. PATRICK MACFARLANE seconded the motion.
Principal MACFARLANE opposed it. The effect of this law
would set aside the authority of the Church in judging of the
qualifications of Ministers. He would give to the people
connected with the Established Church all the powers con-
ferred by the Act 1649, but he would reserve to the judica-
tories of the Church the power of judging of the qualifications,
and he would wish that the people should, as reasonable beings,
assign reasonable grounds for the objections. The Rev. Prin-
cipal concluded by moving to the effect--That being satisfied
that the declaratory Act of last Assembly on the subject of
calls, is very ambiguous, and liable to be misunderstood, and
seeing that it contains a provision, virtually setting aside the
authority of the Church Courts in judging of the fitness of
candidates for the ministry, that there is no means which can
be devised for carrying it ; that although the measure has been
approved of by a majority of Presbyteries, the Assembly do
not pass it into a law, but do remit to a Committee to make
out a draft of a measure founded upon this principle, and re-
port to a future diet of the Assembly.
The LORD JUSTICE CLERK seconded the motion of Principal
Macfarlane.,

Professor'BßOWN supported Lord Moncrieff's motion.
Mr. BRUCE of Kennet could not see the necessity of going
to Parliament on the subject, as he thought the Assembly had
sufficient power, in its legislative capacity, of protecting tl►e
rights of the people, as well as the rights of patrons.
More than once there was a good deal of uproar in the
house, which called for the interference of the Moderator.
Dr. CooK said they were about to pass a statute that must
:materially affect the state of our National Church. Ho would
state what evils were likely tc result from the want of that
consideration. This new law went to vest the right of dissent
in .the heads of families being communicants, and the Learned
Lord, when he made this enactment, went on the supposition
that there were a considerable number of communicants in

every parish ; but the Assembly had heard, since they met,
that there was a large part of Scotland where that was not the
case, where the communicants were the smallest fraction of
the community, and that there was one parish in which, out
of a population of 3,000, there were only twenty communi-
cants ; that there were parts of Scotland where the condition
of the people was more deplorable than this. Were the pious
part of the community to be deprived of the man they would
gladly receive to convey to them the knowledge of Divine
truth? Measures should be taken to make ffle statute appli-
cable to all the parishioners in Scotland. The Rev. Doctor
next alluded to the declaration to be put to objectors, that
they were not actuated by factious or malicious motives—and
he thought it improper to call on a man to make that solemn
declaration. The great body in whom dissent was invested
might not be the most competent judges of the qualifications
requisite in a presentee ; the consideration of this was the
peculiar duty of the Church Courts, which ought to be re-
served to them, and not communicated to the people. Of all
the evils likely to happen to a parish, he considered that one
the greatest that would keep it without a pastor, the effect or
which would be a state of spiritual and moral degradation on
which no sincere Christian could look without the deepest
feeling of anguish and despair. The mode to be taken was
vesting the jus devolutum in the Presbytery ; but if there was
one point of law more clear than another, it was that the jus
devolutum can only take place where the patron refuses to pre-
sent, when he deserts his duty, and leaves the parish without a
minister. He held it was ultra vires of the Church to pass
the Act which they did pass, and had }'hey paused and taken a
little more time, hey would have:! rendered the measure more
perfect. He had great respect for the Presbyteries, but many
ministers of this Church \vere extremely ignorant of her sta-
tutes. He had no des'se to interfere in any degree with the
rights of the people, which he had always respected, but at the
smite time he also anxious to preserve to the judicatories
the rights they had enjoyed since the institution cf. the Church.
The Assembly adjourned at a quarter past 11 o'clock, until
11 OR Saturday.

Saturday, May 30.

COLONIAL CHURCHES.

The Assembly took up the report of the Committee on Co-
lonial Churches. The principal points contained in the re-
port, related to the exclusive enjoyment of the Clergy reserve
lands in Canada by the Ministers of the Church of England
there ; and to the attempt which is at present making by the
House of Assembly to direct the produce of those lands to pur-
poses of general education. The Committee recommended
that the deputation who are about to wait on Government to
obtain additional endowments for the Church at home, be in-
structed to press upon the Government the claims of the Scot-
tish Clergy in Canada to a share of those funds. The report
was agreed to.
Mr. GIBBON, of Lonmay, said some person answered to the
name of Mr. Nivison, when that gentleman was absent, dur-
ing the vote on the Dreghorn case. He moved that a Com-
mittee be appointed to investigate this subject, which was
agreed to.

AUCHTERARDER CASE.

The Assembly then took up the case of Auchterarder.
Parties having been removed,
Mr. MILNE moved, that the judgment of the Presbytery and
Synod be reversed, and that it be remitted to the former to
proceed according to the laws of the Church.
Lord MONCREIRI, moved, that the judgment of the Presby-
tery and Synod be affirmed, except in so far as they refused
the extracts to the presontee.
A long discussion took place, chiefly on the effect which
the making up of the roll previous to the appointment of the
presentee, had upon the case—Lord Moncrieff and his friends
contending, that in this case the regulations had been in spirit
and substance observed, and, therefore, that it stood on totally
different grounds from Trinity Gask while Dr. Cook, and
those with him argued, that the inferior had no right to inter-
pret a law according to its spirit, but must be guided entirely
by the letter of the enactment, and, therefore, the findings of
the Presbytery and Synod ought to be reversed. About ten
o'clock the discussion was closed, and the roll being called,
and votes marked, there voted for Lord Moncreiff's motion,
131—for that of Mr. Milne, 95—majority for dismissing the
appeal of the presentee, 36.

Dr. SMITH moved, that the Assembly do now adjourn, which
was seconded by Mr. Graham Spier:. Dr. Burris met this
by a motion, that the Assembly adopt the overtures for a fast
day. After some conversation on the point of whether the
day of humiliation should be on a Sunday or not, it was unani-
mously agreed to appoint a Committee to fix on a week day
for this purpose, and to prepare a pastoral letter, stating the
grounds on which they deemed it necessary,
Adjourned at half-past ten o'clock tll Monday.
Monday, June 1.
ILLEGAL VOTE—REVISION OF THE DREGHORN CASE.
Mr. lirniGnAm, appointed to inquire into the vote alleged
to have been fraudulently given in the Dreghorn case, gave in
the Report, in which it was stated that the Committee had
examined several gentlemen, from whose evidence it was
proved that Mr. Nivison was not present when the vote in
question was taken; but that the name of the gentleman was
answered to as voting for the second motion, which gave a ma-
jority of one in favour of that motion.

A petition was then put in for Mr. Jamieson, the presentee
to the parish of Dreghorn, praying to be heard by Counsel on
the point.

A:discussion ensued, in the course of which Mr. Dunlop
moved that the decision of the House should be held as nulli-
fied, and the case remitted to the Commission to be re-heard.
Dr. Cook agreed in the propriety of holding the case as un-
decided, and should be reheard, but had great difficulty as to
the particular mode in which it should be re-heard. A mo-
tion was eventually put by the Procurator, that the Assembly
find that, in consequence of the absence of the respondents,
it was incompetent to proceed in the case ; but, in respect of
the Report of the Committee, prohibit the Clerk from giving
out extracts, leaving it to' the parties to bring the case before
the next Assembly ; which latter motion, on its being inti-
mated that the respondents could not meet the case in the
Commission, was agreed to.

Lord MONCREIFF gave in the Report of the Committee for
revising the regulations for carrying into effect the new Act of
Assembly relative to Calls.
Mr. DUNLOP, in reference to clause 14, moved, moved that
the words " they shall sustain the Call" and " the trials," be
omitted.

The vote was taken on Mr. Dunlop's motion, when 96 voted
against it, and 80 for it.

D'IIWAR then read the Report of the Committee rela-
tive to the proposals of the Synod of Ulster, for an union
with the Church of Scotland. The Report concluded with
giving strong hopes that the result would be satisfactory to the
Sy nod of Ulster.

'Dr. BURNS urged that some expression should be put on
record, evincing the sympathy of the Church of Scotland with
the Synod. This proposition was agreed to.
Dr. M'LELLAN read the Report relative to the striking of
the fiars. Tha Committee were re-appointed.

ENGLISH PRESBYTERIANS.

The Assembly then proceeded to consider the Report of the
Committee on the petitions from certain congregations of the
English Presbyterians relative to a union with the Church of
Scotland, which they considered their parent Church. The
Committee recommended that these Churches should form
themselves into Presbyteries and Synods, and that then the
General Assembly would enter into such communications with
them as would distinctly mark the interest which the Church
of Scotland took in this branch of their followers.
Dr. RALPH, of Liverpool, appeared at the bar as a Com-
missioner from the petitioners, and advocated the expediency
and justice of a union between them and the Church of
Scotland.

Mr. MUNRO, of Manchester, followed, and said that there
were at present 200,000 Scotsmen in England, a number
which, however great, was hourly increasing, and in the district
with which he and his Rev. Brother, who had just spoken,
were connected, there were no less than 30,000. The Rev.
Gentleman said that splendid as had been the gifts to the
Church Extension Scheme in Scotland, offers had been made
by members of the Presbyterian Church in England, which
far surpassed even the most liberal of those donations ; and
they might expect, provided they extended their protection to
that branch of the Presbyterian Church, that the liberality of
its wealthy and influential members would be willingly ex.
tended to every scheme that was conducive to the welfare of
the mother Church.

Captain GORDON confirmed what had failed from Dr. Ralph
as to the favourable eye with which the Presbyterian Church
of England contemplated the proposed union.
A motion to the following purport was then unanimously
agreed to :—The Assembly having heard the Rev. Dr. Ralph
and Mr. Monro,:in support of their cl►aims, re-appoint the
Committee, and recommend them to continue the correspon-
dence with their Presbyterian brethren in England, and to
consider in what measure the aifficulties which stand in the
way of a connexion with this Church may be removed, and to
report to next Assembly.

The Report of ay.': Committee to consider the best means of
effecting a union with Seceders who adhere to the standard of
the Church, was given in by Dr. P. Macfarlan, who expressed
great gratification at the proposal made by the Old Burgher
Synod to return to the bosom of the Church. The proposal
was most cordially and unanimously agreed to.
Dr. P. MACFARLAN gave in the Report of the Committee
on new Churches, and for preparing constitutions for new
Churches, which, after some discussion was approved of.
The Committee appointed on Saturday to fix a day of genera:
humiliation and fasting, reported that they had named Thin_
day, 23d July. .

The causes not determined by the Assembly were then re-
ferred to the Commission, which meets at twelve o'clock this
day (Tuesday) in the Tron Church.

The minutes of this day's proceedings having been read and
authenticated, the Moderator rose and addressed his brethren
3f the Church in a speech of considerable length, at the con-
clusion of which he returned thanks to his Grace the Com-
missioner for his attention to the Assembly. The Moderator
then, in the name of the Great head of the Church, dissolved.
the Assembly, and appointed the next General Assembly to
meet on Thursday, the 19th May, 183 G. The Lord High
Commissioner then addressed the House, and in the usual form
dissolved the Assembly in the name of the King. The busi-
ness was closed in the usual impressive and solemn manner at
half-past ten this morning.

A man was killed last week by the tread-mill at tile
New Bailey, Manchester. He was at work on the sand-mill,
which requires sixteen to turn the wheel ; and after an interval
of rest, the order was given to go on, when every man is re-
quired to take his proper station, and take to work again.
The deceased paid no attention to the signal ;,and, when the
wheel was set in motion, he was caught betweed the shaft and
the wall. When he was released, it was fouurjhat he had.
received a fatal injury in the abdomen. but witlivat any external
marks of violence.

4%A

,

Nt\l‘

IC:(PRESS EDITION.
'1 HE LONDON GAZETTE

THIS EVENING.

CROWN OFFICE, JUNE 5

201IMR7R RETURNED TO SERVE IN THIS PRESENT PARLIAMENT.

r':VIUGII OF TIVF.RTON.—The Right Hon. Henry John Tem-
pl:• V:sount Palmerston, in the room of James Kennett), Esq.,
ult. has accepted the Chiltern Hundreds.

WAR-OFFICE, JUNE 5, 1335.
1 t Regiment of Dragoons—Major T. Marten, to he Lieutenant
• without purchase, vice Somerset, deceased ; R. War,llaw,
C, tit., to be Cornet, by purchase, vice Corbel, who retires, June 5.
~r Grenadier Regiment of Foot Guards—Lieut. and Capt. Sir
J. Burgoyne, Bart., to be Captain and Lieutenant-Colonel, by
hise, vice Long, who retires ; Ensign and Lieut. IL Musters,
to ik• Lieutenant and Captain, by purchase, vice Burgoyne ; R. C.
S. Citl'ord, Gent., to be Ensign and Lieutenant, by purchase, vice
111,1,tcrs, June 5.
Scots Fusilier Guards—Ensign and Lieut. W. F. Brandreth to
be I.leutenant and Captain, by purchase, vice Stanley, who retires ;
• F. Seymour, Gent., to be Ensign and Lieutenant, by purchase,
v: Brandreth, June 5.
2.1 Regiment of Foot—W. Reed, Gent., to be Ensign, by pur-
e' .:se, vice Walton, who retires, June 5.
th Foot—Ensign D. M. Bethune, from the 99th Regiment of
I (A., to be Ensign, vice Rooke, who exchanges, June 5.
iti.h Foot—Lieut. C. Murray to be Captain, without purchase,
• c A. P. Browne, deceased; Ensign G. H. Wallace to be Lieu-
nant, vice Murray ; Ensign G. M. Ross, from the 91st Regiment
s.: Foot, to be Ensign, vice Wallace, June 5.
17th Foot—J. G. Dc Burgh, Gent., to be Ensign, by purchase,
vice Furneaux, who retires, sth June.
Hth Foot—Ensign Hon. H. Hare to be Lieutenant, by pur-
,lllse, vice Towers, who retires ; E. Jodrell, Gent., to be Ensign,
I v purchase, sire Hare, sth June.
t Jill Foot—Major I'. Raper to be Lieutenant- Colonel, without
1,--:,hase, vice Hardy, deceased; Capt. L. H. Hughe;, to be Major,
N.A., Raper; Lieut. R. Chambers to be Captain, vice Hughes;
ign A. M. Franklin to be Lieutenant, vice Chambers,,
/7tltApril ; Gentleman Cadet J. Cochrane, from the Royal Mi-
litary College, to be Ensign, vice Franklin, sth June.
-I: 73d Foot.—Ensign Hon. C. R. West to be Lieutenant, by pur-
e.,.3e, vice Campbell, who retires ; Hon. C. Hugh Lindsay to be
Itisign, by purchase, vice West, June 5.
Foot.—J. Walker, Gent., to be Ensign, by purchase, vice
31.-11, appointed to the 59th Regiment of Foot, June 5.
)9th toot—Lieut. M. G. Matson to be Captain, by purchase,
Briscoe, who retires ; Ensign W. W. Lockier to be Lieutenant,
by purchase, vice Matson ; Ensign T. Bell, from the 55th Regi-
ment of Foot, to be Ensign, vice Lodder, June 5.
ti3tl Foot—Lieut. D. M. Stubbeman to be Captain, by purchase,
vice Seymour, who retires ; Ensign J. Thorp to be Lieutenant, by
erchase, vice Stubbeman; G.:`. Harrison, Gent., to be Ensign,
by purchase, vice Thorp, June 5.
es9th Foot—Ensign and Adjutant C. R. B. Granville to have the
rink of Lieutenant, June 3.
99th Foot—Captain T. G. Egerton, from the tld West India
Regiment, to be Captain, vice F. White, who retires upon half -pay

I "natto.ched, June 5.
91st Foot—Lieut. W. Hickey, from the half-pay of the 41st Re-
; irnent of Foot, to be Lieutenant, Vice Landreth, deceased ; Gen-
t emau Cadet 11. Savage, from the Royal Military College, to be
nsign, without purchase, vice Ross, appointed to the 16th Regi-
s. ent of Foot., June 5
99th Foot—Lieut. G. D. Patersen' from the half-pay Unat-
tached, to be Lieutenant, vice H. S. Maxwell, who exchanges, re-
v: ivinm the difference : Gentleman Cadet T. IL Lovett, from the
toyal'Military College, to be Ensign, by purchase, vice Pater-
ion, promoted, June 5.
99th Foot—Ensign C. H. Rooke, from the 9th Regiment of
Foot, to be Ensign, vice Bethune, who exchanges. J. Garland,
Gent. to be Ensign, by purchase, vice Mitchell, who retires,
June 5.
2d West India Regiment—Captsen G. P. Hawkins, from half-
pay Unattached, to be Captain, vice Egerton, appointed to the 90th
egiment of Foot, June 5.
UNATTACHED.

Ensign G. D. Paterson, from the 98th Regiment of Fpot, to be
Lieutenant, by purchase, June 5.

MEMORANDUM.

Lient. W. Cox, upon half-pay of the 12th Regiment of Foot, has
1,, en permitted to retire from the Army, with the sale of a corn-
of an Unattached Lieutenant, he being a settler in the
colonies.