[Book of Discipline, chap. vii., sec. iii., par. x.—Comp. Digest of 1873, p. 572.]
A second judicial case was what is called the “appeal and complaint” of Samuel Lowrie against the decision of the Synod of Illinois, refusing to sustain his complaint against the Presbytery of Peoria, for recognizing a second Church in the town of Peoria. This case was taken up and regularly issued by the Assembly. It is twice or oftener called an appeal, as well as a complaint.
The Assembly having heard the documents and the parties, referred the whole matter to a committee to prepare a minute expressive of the judgment of the house. We call attention also to this familiar and proper method of proceeding, because its propriety has sometimes been questioned. Our readers may remember that in the case of Mr. Barnes, the appointment of a committee to draft a resolution which should express the judgment of the house was strenuously resisted, on the ground that the only question which could properly be submitted, was, sustain or not sustain? It was in vain urged that in a multitude of cases the decision of that question would not express the judgment of the house, who might be disposed to sustain in part, and not in whole; sustain as to a point of order, but not on the merits; therefore it was indispensable in order to the ends of justice that a minute should be formed, stating exactly wherein the appeal was sustained, and wherein it was refused. Thus in this case of Mr. Lowrie, before any decision of the case, the matter was referred to a committee to prepare a minute which should state how far the Assembly thought the complaint ought to be sustained, and how far the synod and presbytery were justifiable in what they had done.
← Chapter XVI. Discipline, § 3. Appeals and Complaints · Contents · Chapter XVI. Discipline, § 5. Finality of the Assembly’s Judicial Decisions →