Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-27
4luion and Smeritan
THE OLD SCHOOL GENERAL ASSEM-
RIY st. LOUIS-PROTEST OF THE
LOUISVILLE PRESBYTERY AGAINST
THEIR EXCLUSION.

RI,Y 81. LOUIS-PR0TEST OF THE
LOUISVILLE PRESBYTERY AGAINST
THEIR EXCLUSION.
To the Moderator Of the General Assembly Of the
Presbyterian Church, now in session at St Louis:
The undersigned, commissioners from the
Presbvtery Of Louisville, deem il both re-
-pectful to the Assembly and demanded hv
the interests Of truth aud righteouGnoss, 30
Law before the body, through YOU, in this
formal and official manner for record on the
minutes, their views and purposes in regard
10 the resolution passed yesterday, under
operation Of the previous question, To this
effect.
That WHEREAS, the Prcsbytery Of Louis
Vile have Openly defed the Assembly and
declared publicly their intention not 10 in
force the orders Of the last two Assemblies,
on slave and loyalty, etc, and have in act,
disregarled them in sending commissioner
here who, by a faithful execution Of those
acts. would probably have been suspended
from the functions Of his Office: therefore,
Rss0lprd, That until the Assembly shall
have examined and decided upon the con-
duct Of said Presbytery. the commission ers
shall not be entitled 10 seats in this body.
We respectfully suggest, not indeed as vital
10 the case, but "a illustrating simply the
evil Of such action, under the operation Of
the previous question, cutting off al ex
PLANTATION that both the premises Of the as
sembly's resolution contain grave mistakes
of facts. The Presbytery Of Louisville have,
indeed. published a declaration and testi-
mony against the acts of the five preceding
assemblies, in which many ministers and
elders outside the Presbytery formally, and
many more. in spirit and act have con
CURED. But the Presbytery Of Louisville
have not Openly defied the assembly" as
might have been seen by reference 10 the
whole tenor Of the paper, from which sin
gle passage is quoted. Nor has the Presby-
terry sent any commissioner here, who even
under the act Of 1861 in relation TO minis
tiers who have gone into the Cunfederacv or
fed, or been banisbed into foreign countries,
could have been suspended from the minis
try. Since the only one of their commission
ers who have been absent from the country
during the past three years was neither IN
the Confederacy or fed, nor was banished
but being absent on a vacation tour, by ar
Engagements made months before, at the in
auguratiOn Of an unlimited military power
under the control Of his bitter ecclesiastical
enemies prolonged that absence. with the
advice and concurrence Of the church SEES
sion and Of prudent friends Of all parties,
Aside, however, from these mistakes of
fact in the premises, n far more important
matter, in our Judgment, is the dangerous
error in principle involved in such action,
even were the facts az charged. On this
view Of the case, we beg leave with all re-
spect and Difference 10 suggest:
/. IL Will be manifest on due reflection,
and would have been shown but for the call
for the previous question, that the assump-
ton Of the right to take such action under
the general power Of any deliberatiye body
to Judge Of the qualifications of its own mem
bers arises from failure to see the want Of
analogy between the case ofthe General As
sembly and that Of legislative and other
similar bodies in the secular sphere The
right 10 appoint commissioners TO the Gen
eral Assembly, and 20 Judge Of the qualifca-
tons Of those commissioners is inherent in
the Presbyteries whose members are a CON
stituent part Of the Assembly itself; nor can
they be Invested Of that right save by SEN
tence of deposition from office a. Presbyters,
reached through the forms SO carefully pre-
scribed in the Constitution. The claim Of
any particular Assembly TO Judge of the
qualifications of its own members must be
limited in the nature Of the case to the ques-
ton whether the credentials are in accord
ance with the provisions Of the book. But
in fact the Assembly in this instance does
not pretend TO be passing Judgment upon the
qualifications of its own members at all, but
upon the constituency which sent them.
This is manifest, not only from the terms Of
the action, but also from the fact that one of
the commissioners excluded was no party
To the Declaration and Testimony neither
could he be possibly objected to on the score
disqualification or u defective commission.
,. This therefore makes manifest what was
confessed on the floor Of the Assembly by
some who voted for this resolution that the
action was az rs Rdtu1c judicial and il is,
therefore, in effect, a judicial sentence, pro-
nounccd and executed, not only in disregard
of all the provisions for a fair trial, so care
fully ordained in our Constitution, but, I'M
der the operation Of the previous question,
excluding the parties charged from word
Of explanation, defense or protest.
3. And il adds 10 the aggravation Of the
wrong done in this action, that even had the
Assembly the right thus to act, and were its
action according 10 the forms of law, and
the sentence given after fair hearing, il is
n sentence Of disgrace, as if inflicted for
crime committed; whereas what was done
by the Presbytery could at most be regarded
rs only the mistaken exercise of the right
Of protest against what was conceived 10 be
an act Of usurpation by the Assembly.
/. 4 further aggravation of this wrong is
the manifest Partially evinccd m thus sing
ling out for condemnation the Presbytcry of
Louisville, while VIGOROUSLY n large num-
Der, If not n majority, of the Churches in all
parts of the country, but also several Pres
byteries represented in the Assembly, have
done precisely the thing which the Louis-
Vile Presbytery is condemned for asserting
IFS purpose 10 do.
,. But still more important and danger
Gus principle involved in this action, is,
that il takes away from minorities, aud even
individual members of the body, all those
safeguards provided for their protection
against the violence and partizan feeling of
a casual majority of members in all times of
excitement and passion. The principle of
this action, if admitted, would inevitably
and speedily change the assembly from an
occlcSid organized, restrained and governed
by the well-cstablished laws of Christ's
house. into a mere ecclesiastical gathering
under the unlimited control of the majority
of members, ''the most part knowing not
wherefore they have come together
q. IL but evinces more clearly, and aggra-
Yates the wrong done in this case, that the
Assembly resolves not absolutely and final
~ 10 exclude us, but only 10 exclude Us un-
Ill the Assembly "SsaN hare crominod and de-
cided." The right to examine and decide
under such resolution; the right toeNclude
us, even for an hour, pending such examina-
ton; the right TO exclude us after such ox-
animation is had, and the right absolutely
and finally 10 exclude as, are all equally
grondess The injury inflicted on the
good name Of ;hc Presbytery among the |
churches from temporary exclusion, rs |
though, probOblg guilty Of high crime is
scarcely less than the injury from a sentence |
of final exclusion. Besides, even though it |
was consistent with our proper self-respect, |
and with the honor of the Presbytery for MS |
to await the result of the Assembly's inqui- |
sitiou. thereby recognizing the AsSembly's |
right thus ito examine and decide we are |
cut of hv the sentence of exclusion, from /
the exercise Of any right Of defense. All of |
which makes it still more palpahly mani
fest that the action Of the Assembly Is, in /
effect, the pronouncing and executing SEN
tence, and aterward proceeding TO examine
and decide.
With profound respect for the Assembly
as the highest court Of the church, and with
sorrow that we are constrained, in
fidelity 20 our trust, thus to speak, we feel II
our duty 10 say 20 the Assembly, that-re-