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at the adjourned meeting of this Assembly presented a report, which was adopted, and is as follows:

Whereas, It has been questioned whether this Assembly at the proposed adjourned meeting, in November next, at Pittsburg, Pa., can be properly constituted of the principal or alternate commissioners not in attendance on the sessions of the body at this time; therefore,

Resolved, In the judgment of the Assembly those commissioners only who have presented their commissions, and whose names have been placed on the roll, will be entitled to participate in the meeting of the Assembly in November, except in case of a vacancy occasioned by death, resignation, refusal or inability of any such commissioner to attend, in which event it will be competent and proper for the Presbytery to supply the vacancy by a new election or appointment.-1869, p. 290, Ñ. S.

b. W. E. Schenck, D. D., permanent clerk, from the Committee on Commissions, reported that several gentlemen were present with commissions as alternates, the principals being absent. On motion of G. W. Musgrave, D. D., it was

Resolved, That all alternates presenting regular commissions be enrolled, the principals being absent. Mr. Henry Day was requested to communicate this action to the Assembly of the other branch, now sitting in the Third Presbyterian Church in this city, which he did.

The alternates present were enrolled as follows: W. A. Scott, D. D., from the Presbytery of New York; Rev. Joseph A. Hanna, from the Presbytery of Oregon; Rev. A. B. Cross, from the Presbytery of Baltimore; Ruling Elder Wm. Carpenter, from the Presbytery of Newton.— 1869, p. 1143, O. S.

4. The Assembly Excluded Commissioners from Sitting Pending Investigation.—See 1866, p. 12, O. S.

VIII. Each session of the Assembly shall be opened and closed with prayer. And the whole business of the Assembly being finished, and the vote taken for dissolving the present Assembly, the moderator shall say from the chair-" By virtue of the authority delegated to me by the Church, let this General Assembly be dissolved, and I do hereby dissolve it, and require another General Assembly, chosen in the same manner, to meet at

on the

day of

A. D.

"-after which he shall pray and return thanks, and pronounce, on those present, the apostolic benediction.

Specimen of the Minute of Dissolution.

The minutes of this session were read and approved.

After the offering of solemn praise and thanksgiving, the business of the Assembly having been completed, and the vote taken for the dissolution of the Assembly, the moderator, with prayer and the apostolic benediction, declared the Assembly dissolved, and required another Assembly, chosen in the same manner, to meet at the Central Presbyterian Church in the city of Baltimore, Maryland, on the third Thursday of May, A. D. 1873.-1872, p. 96.

THE CHARTER OF THE TRUSTEES OF THE ASSEMBLY.

a. An Act for incorporating the Trustees of the Ministers and Elders constituting the Gen eral Assembly of the Presbyterian Church in the United States of America. Whereas, The ministers and elders forming the General Assembly of the Presbyterian Church of the United States of America, consisting of citizens of the State of Pennsylvania and of others of the United States aforesaid, have by their petition represented that by donations, bequests or otherwise of charitably-disposed persons, they are possessed of moneys for benevolent and pious purposes, and the said ministers and elders have reason to expect further contributions for similar uses; but from the scattered situation of the said ministers and elders and other causes, the said ministers and elders find it extremely difficult to manage the said funds in the way best calculated to answer the intention of the donors; therefore,

SEC. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, that John Rodgers, Alexander McWhorter, Samuel Stanhope Smith, Ashbel Green, William M. Tennent, Patrick Allison, Nathan Irvin, Joseph Clark, Andrew Hunter, Jared Ingersoll, Robert Ralston, Jonathan R. Smith, Andrew Bayard, Elias Boudinot, John Nelson, Ebenezer Hazard, David Jackson and Robert Smith, merchant, and their successors duly elected and appointed in manner as in hereafter directed, be, and they are hereby made, declared and constituted, a corporation and body politic and corporate, in law and in fact, to have continuance for ever, by the name, style and title of "Trustees of the General Assembly of the Presbyterian Church in the United States of America ;" and by the name, style and title aforesaid shall for ever hereafter be persons able and capable in law as well to take, receive and hold all and all manner of lands, tenements, rents, annuities, franchises and other hereditaments, which at any time or times heretofore have been granted, bargained, sold, enfeoffed, released, devised or otherwise conveyed, to the said ministers and elders of the General Assembly of the Presbyterian Church of the United States, or any other person or persons, to their use, or in trust for them; and the same lands, tenements, rents, annuities, liberties, franchises and other hereditaments are hereby vested and established in the said corporation and their successors for ever, according to the original use and intent for which such devises, gifts and grants were respectively made; and the said corporation and their successors are hereby declared to be seized and possessed of such estate and estates therein as in and by the respective grants, bargains, sales, enfeoffments, releases, devises and other conveyances thereof is or are declared limited and expressed; also, that the said corporation and their successors, at all times hereafter, shall be capable and able to purchase, have, receive, take, hold and enjoy in fee simple, or of lesser estate or estates, any lands, tenements, rents, annuities, franchises and other hereditaments, by the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or devise, of any person or persons, bodies politic and corporate, capable and able to make the same. And further, that the said ministers and elders, under the corporate name aforesaid, and their successors, may take and receive any sum or sums of money and any portion of goods and chattels that have been given to the said ministers and elders, or that hereafter shall be given, sold, leased or bequeathed to the said corporation by any person or persons, bodies politic or corporate, that is able or capable to make a gift, sale, bequest or other disposal of the same; such money, goods or chattels to be laid out and disposed of for the use and benefit of the aforesaid corporation, agreeably to the intention of the donors, and according to the objects, articles and conditions of this Act.

SEC. 2. And be it further enacted by the authority aforesaid, That no misnomer of the said corporation and their successors shall defeat or annul any gift, grant, devise or bequest to or from the said corporation, provided the intent of the party or parties shall sufficiently appear upon the face of the gift, will, grant or other writing whereby any estate or interest was intended to pass to or from the said corporation.

SEC. 3. And be it further enacted by the authority aforesaid, That the said corporation and their successors shall have full power and authority to make, have and use one common seal, with such devise and inscription as they shall think fit and proper, and the same to break, alter and renew at their pleasure.

SEC. 4. And be it further enacted by the authority aforesaid, That the said corporation and their successors, by the name, style and title aforesaid, shall be able and capable in law to sue and be sued, plead and be impleaded, in any court, or before any judge or justice, in all and all manner of suits, complaints, pleas, matters and demands, of whatsoever nature, kind and form they may be, and all and every matter and thing to do in as full and effectual a manner as any other person, bodies politic or corporate. within this Commonwealth, may or can do.

SEC. 5. And be it further enacted by the authority aforesaid, That the said corpora tion and their successors shall be and hereby are authorized and empowered to make, ordain and establish by-laws and ordinances, and do everything incident and needful for the support and due government of the said corporation, and managing the funds and revenues thereof; Provided, the said by-laws be not repugnant to the constitution and laws of the United States, to the constitution and laws of this Commonwealth, or to this Act.

SEC. 6. And be it further enacted by the authority aforesaid, That the said corporation shall not at any time consist of more than eighteen persons, whereof the said General Assembly may at their discretion, as often as they shall hold their sessions in the State of Pennsylvania, change one-third in such manner as to the said General Assembly shall seem proper. And the corporation aforesaid shall have power and authority to manage and dispose of all moneys, goods, chattels, lands, tenements and hereditaments, and other estate whatsoever, committed to their care and trust by the said General Assembly; but in cases where special instructions for the management and disposal thereof shall be given by the said General Assembly in writing, under the hand of their clerk, it shall be the duty of the said corporation to act according to such instructions; Provided, the said instructions shall not be repugnant to the constitution and laws of the United States, or to the constitution and laws of this Commonwealth, or to the provisions and restrictions in this Act contained.

SEC. 7. And be it further enacted by the authority aforesaid, That six members of this corporation, whereof the president, or, in his absence, the vice-president, to be one, shall be a sufficient number to transact the business thereof, and to make by-laws, rules and regulations; Provided, that previous to any meeting of the Board or corporation for such purposes not appointed by adjournment, ten days' notice shall be previously given thereof in at least one of the newspapers printed in the city of Philadelphia. And the said corporation shall and may, as often as they shall see proper, and according to the rules by them to be prescribed, choose out of their number a president and vice-president, and shall have authority to appoint a treasurer and such other officers and servants as shall by them, the said corporation, be deemed necessary; to which officers the said corporation may assign such a compensation for their services, and such duties to be performed by them, to continue in office for such time, and to be succeeded by others in such way and manner, as the said corporation shalĺ

direct.

SEC. 8. And be it further enacted by the authority aforesaid, That all questions before the said corporation shall be decided by a plurality of votes, whereof each member present shall have one, except the president, or vice-president when acting as president, who shall have only the casting voice and vote in case of an inequality in the votes of the other members.

SEC. 9. And be it further enacted by the authority aforesaid, That the said corporation shall keep regular and fair entries of their proceedings and a just account of their receipts and disbursements in a book or books to be provided for that purpose, and their treasurer shall once in a year exhibit to the General Assembly of the Presbyterian Church in the United States of America an exact state of the accounts of the corporation.

SEC. 10. And be it further enacted by the authority aforesaid, That the said corporation may take, receive, purchase, possess and enjoy messuages, houses, lands, tenements, rents, annuities and other hereditaments, real and personal estate of any amount not exceeding ten thousand dollars a year value, but the said limitations not to be considered as including the annual collections and voluntary contributions made in the churches under the care of the said General Assembly.

Approved March 28, 1799.

CADWALADER EVANS, JR., Speaker of the House of Representatives. ROBERT HARE,

Speaker of the Senate. THOMAS MIFFLIN,

Governor of the Commonwealth of Pennsylvania.

b. The Charter Accepted.

-1799, pp. 173-175.

The Committee appointed by the General Assembly of the Presbyterian Church to endeavor to obtain from the Legislature of the State of Pennsylvania an act of incorporation authorizing certain trustees to hold the property of the Assembly, etc., report that on application to the Legislature they obtained the act of incorporation for which they were directed to apply, a

copy of which accompanies this report, corresponding exactly with the draught which was last year submitted to the Assembly, excepting only the sum which the trustees are authorized to hold is somewhat smaller than was inserted in that draught.

The above report, and act of incorporation accompanying it, were read and approved.-1799, p. 173.

c. Mode of Electing the Trustees.

Resolved, That it is expedient to adopt and recommend the following system:

1. That when this subject is called up annually a vote shall first be taken whether for the current year the Assembly will or will not make any election of members in the Board of Trustees.

2. If an election be determined on, the day on which it shall take place shall be specified, and shall not be within less than two days of the time at which such election shall be decided on.

In

3. When the day of election arrives, the Assembly shall ascertain what vacancies in the number of the eighteen trustees incorporated have taken place, by death or otherwise, and shall first proceed to choose other members in their places. When this is accomplished, they shall proceed to the trial whether they will elect any, and if any, how many of the third of the number of the trustees which by law they are permitted to change, in the following manner, viz.: The list of the trustees shall be taken, and a vote be had for a person to fill the place of him who is first on the list. voting for a person to fill said place, the vote may be given either for the person who has before filled it or for any other person. If the majority. of votes shall be given for the person who has before filled it, he shall continue in office. If the majority of votes shall be given for another person, this person is a trustee duly chosen in place of the former. In the same form the Assembly shall proceed with the list till they have either changed one-third of the trustees (always including in the third those who have been elected by the sitting Assembly to supply the places become vacant by death or otherwise), or by going through the list shall determine that no further alteration shall be made.-1801, p. 217.

d. Rules for Intercourse between the Trustees and the Assembly.

The Committee appointed to meet a Committee of the Board of Trustees of the Assembly to digest and prepare a regular and stated mode of intercourse between the Assembly and the trustees made a report, which was read and approved, as follows, viz.:

That the management and disposal of all moneys, goods, chattels, lands, tenements, hereditaments, and all other estate whatever, committed to their care and trust by the General Assembly, is invested in the said trustees, unless where special instructions for the management and disposal thereof shall be given by the General Assembly in writing, under the hand of its clerk, in which case the corporation is to act according to said instructions. That an exact state of the accounts of the trustees is to be exhibited by their treasurer to the General Assembly once in every year; whereupon it is recommended,

1. That this state of the accounts be laid before the General Assembly as early in their session as possible, in order that the General Assembly may know what appropriations it may be in their power to make, or what instructions to give to their trustees respecting the moneys in hand.

2. That when any appropriations are made by the General Assembly a

copy of their minute for that purpose, signed by the clerk, shall be transmitted to the trustees, and shall be their warrant for the payment of all moneys thus appropriated.

3. That when any measures are taken or any resolutions adopted by the General Assembly, or the Board of Trustees, which it concerns the other to be acquainted with, due information of the same shall be given as soon as possible to the other.-1801, p. 232. See also Baird's Collection, Rev. Ed., pp. 484-502.

e. Adjustment on the Reunion.

A Committee, consisting of Rev. C. C. Beatty, D. D., V. D. Reed, D. D., Hon. Wm. Strong, and Messrs. H. N. McAllister and George Junkin, were appointed to consider and report what changes, if any, are necessary to be made in the Board of Trustees of the General Assembly of the Presbyterian Church in the United States of America, in order that there may be an equitable distribution of said trustees in accordance with the present state of the reunited Church, and to report to this Assembly.-1870, p. 53.

The Committee appointed to consider and report on the changes in the Board of Trustees of the General Assembly presented the following report, which was adopted: Of the eighteen members of the Board of Trustees, one was appointed before 1837, and all the others since that time by the "Old School" Assemblies at different periods. It seemed to the Committee eminently proper that at this Assembly a change should be made so that what was formerly known as the "New School" branch of the Church should be represented in the Board. Hereafter no such distinctions need be made.

Under the charter the Assembly has the power at its discretion, as often as it shall hold its sessions in the State of Pennsylvania, to change onethird of the trustees, in such manner as it shall seem proper. In the exercise of this discretion it is a difficult task for the Committee to recommend action in the premises. In view, moreover, of all the circumstances, it seemed best to suggest the removal of six of the trustees who were only elected at the meeting of the Assembly at Pittsburg in November last. The regret of the Committee is that thereby we lose the services of six gentlemen of the highest character. But this course appeared least open to objection.

Your Committee, therefore, recommend the adoption of the following resolution:

Resolved, That from and after this date Rev. David A. Cunningham, Hon. John K. Findlay, Archibald McIntyre, James T. Young, Robert Cornelius and H. Lenox Hodge, M. D., cease to be trustees, and in their place Hon. William Strong, Hon. Joseph Allison, Alexander Whildin, Rev. Herrick Johnson, D. D., William G. Crowell and John C. Farr are appointed trustees of the corporation, entitled "The Trustees of the General Assembly of the Presbyterian Church in the United States of America."-1870, p. 98.

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