The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1839-05-23

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Of evidence Of he lsei. Il lies not Uish
The Fsislors 10 sllsgs The ssnl 81 ..
II. thea. lhe SEnods in question weFe
eons,isusionslly dissolved. The pEesbyleries
II hirh they had been composed. were,
u least for purposes Of representation.
dissolved along with them: Tor no Pres
hyiery can be- in connection Ellh the
General Assembly. unless IL be a. the
same time subordinate 10 Synod also IN
ennnexion silh IL. because an appeal
from It's judgment can Teseh the tribunal
Of Ihe last resort only through ahsI chan
nel. II 10 ministerial that lhe PTesbyIe-
ries are The electors: Sgnad Is part OF
The Enachinery which j. indispensable 10
Ihe existence Of every branch Of ihe
church. "a appears. theEelnEe, that ihe
commissioners from The exseinied Sy-
mods. were not entitled 10 seats IN the
Assembly. and that their names were
properly excluded from lie roll.
The inquiry might be rested here; Tor
IL there weIe TO color Of right 10 them.
there wts no color III right in the adj
EsEsaFy proceedings which were founded
on their exclusion. but eEen il their H.
tie were clear. The refusal of an appeal
from the decision the Moderator, wOuld
be no gronnd for the degradation Of the
officer al the call Of the minority; nor
could il impose on the majority an Obli-
Cation 10 vote on . question pun unofii.
cially. and out OF The usual course. To
all questions put by the established organ.
IN 10 she duty Of every member TO respond.
or be counted with the greater number.
because he is supposed 10 have assensed
beforehand 10 the result Of the process
pre-esisblished TO ascertain the general
will; but the rule Of implied ascent is
certainly insppliesble 10 measure which.
when Unsuitable even By extreme nrces-
siiy, is essentially revolutionary. and
based an no pre-esIsblished process Of
ascer;ainmeni whatever.
To apply il to an extreme case Of in
organic action, as was done here. might
work the degradation OF any presiding Of
ficer in our legislative halls. by the mo-
ton aud actual vote Of single member.
sustained BY the constructive votes Of all
the rest; and though such an enterprise
may never be attempted. il shows the
danger Of resoriing In a conventional
rule. when the body is TO be resolved in.
to lis original elements. and lis rules and
conventions 10 be superseded by the ye-
~ motion. For this reason, the choice
of a Moderator TO snpplan, the officer
in the chair, even If he we're removs-
BILE at The pleasure Of Tie commission
ers, would seem to have been unconsIi'
Iuiional.
But he was not removable by them.
because be had not derived his office
from them; nor was he answerable To
them for the use Of his power. lie
was not their Moderator! lie was the
mechanical instrument Of their organi-
zation; and ill thai was accomplished.
they were subject TO his rule-not he To
theirs. They were chosen by the aulho-
riiy Of his mandate, aud with the power
Of seli-organIzation, only in the event vi
his absence al the opening Of the session.
CorpoTeally present but refusing 10 per-
form his function, he might be deemed
consirucliyely shsen. for constitutional
purposes, insomuch that the commission.
ers might proceed to The choice Of sub.
siiIuie without him; but not il he had
entered on the performance Of his task;
and the reason is that the decision Of such
questions as were prenatnrely pressed
here, is proper for the decision Of the
body whea prepared for organic action.
which il cannot be before ii is fully con-
stituied and under The presidency Of its
own Moderator. the Moderator OF the
preceding session being Junefns o6fciO.
There can be no occasion Tor IFS action
sooner; for though the commissioners
are necessarily called upon 10 vote for
the Moderator. their action is not organ.
ic, but individual. DIR. Mason's motion
and appeal. though the clerks had repOr-
ted The roll. we're premature; for though
il is declared in thei XII chapter Of the
Form Of Government, that no commits
sioner shall deliberate or vote before his
name shall have been enrolled, IL follows
not that the capacity. consummaied by
earollmens.w was expected to be exercised
during any part Of the process Of organ.
iza,ion, but the choice Of Moderator;
and, moreover, the provision may have
been intended for the case Of a commits.
sioner appearing for The frs. time, when
The house was constituted.
Many instances may doubtless be found
among the minutes. of motions entertain
ell previously; for our public bodies.
whether legislative or Judicial. secular
or ecclesiastical. are tou prone 10 for
get the golden precept-" Lei all things
be done decen,ly and in order" But
these are merely instances Of Irregular
ity which have passed, sub siteniio, and
which cannot change q rule Of positive
enactment. II seems then that an appeal
from The decision Of the Moderator dIi
not lie; and that he incurred no penalty