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ed between it and the parent church; but there seems to have been no substantial or material difference, in the form of government which they adopted, from that which the church from which they sprang was then using. The Cumberland Presbyterian Church grew in numbers and in influence, and especially in the state in which it was organized and adjacent states; but its territory was not limited to these. In 1906 it contained 17 synods, 114 presbyteries, and a total membership of nearly 200,000. As is true in nearly every case where there is a division on ecclesiastical teachings and a separation resulting therefrom, there were in this instance persons in both churches who seemed to be desirous of reconciling the differences and bringing together the two organizations upon such terms as would be consistent with the consciences of each side. How far back this desire for reunion may be traced is immaterial. In 1903 it took definite shape, and committees were appointed by the General Assemblies of the two churches to take into consideration the question of the reunion of the two bodies. This movement for reunion does not seem to have been limited merely to a reunion of the two branches of the Presbyterian Church involved in the present controversy, but was broader in its scope, and intended to accomplish, if practicable, the reunion and consolidation of the various ecclesiastical organizations in the United States that adhere to and teach the doctrines of what is commonly known as the "Presbyterian Church." The record discloses, in detail, the various steps that were taken by the General Assemblies of the two churches in reference to the union. This finally culminated in the report of the committee on union and reunion being adopted by the General Assembly at Decatur, Ill., in May, 1906. This report set forth the terms upon which the union was to be established. The result of the vote of the General Assembly of the Cumberland Presbyterian Church was as follows:

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to the action of the General Assembly the question of reunion had been submitted to the different presbyteries, and 111 presbyteries had expressed themselves; 60 of them voting approval, and 51 disapproval. It thus appears that a majority of the presbyteries and a majority of the commissioners in the General Assembly had declared in favor of the union. It is contended, however, by the dissenting members of the Cumberland Presbyterian Church that an analysis of the vote in the presbyteries will show that a majority of the individuals composing these presbyteries did not favor the reunion; that is, that while a majority of the presbyteries, as such, favored the union, the majority of the members composing the different presbyteries did not approve of the union. Before the adjournment of the General Assembly at Decatur those commissioners who were opposed to the union entered their protest against the adoption of the report of the committee; and after the General Assembly had adjourned without a date, to meet in subsequent years as a component part of the Northern Presbyterian Church, the dissenting members assembled themselves together and declared themselves to be the General Assembly of the Cumberland Presbyterian · Church, and proceeded to exercise, as far as they could, the powers of such body. The case which we now have in hand is one of the numerous controversies which sprang up in the territory covered by the Cumberland Presbyterian Church, bringing in question the regularity of the alleged union between that church and the Northern Presbyterian Church.

Kime and others brought an equitable petition in behalf of the members of the First Cumberland Presbyterian Church of Atlanta, Ga., against Mack and others, who were alleged to have been members of that church, but who now claim and profess to be officers and members of the Presbyterian Church of the United States of America (hereinafter referred to, for convenience, as the "Northern Presbyterian Church"), and the Penn Mutual Life Insurance Company, alleging that the First Cumberland Presbyterian Church of Atlanta was an existing voluntary association of persons for the purpose of divine worship, etc., in harmony with the constitution, creed, etc., of the Cumberland Presbyterian Church, which had had its complete machinery for the administration of its affairs and property since its organization in 1810, and that the constitution and laws of said church did not authorize any person or body of persons to destroy its existence as a separate and distinct church, or to carry it over, as a body, with its property, into another organization; that the Northern Presbyterian Church is a separate and distinct church, having its peculiar constitution, creed, etc., as well as complete machinery for the administration of its af

fairs; that one important difference between the two churches is that the white and black races are not brought together in the presbyteries, synods, and assemblies of the Cumberland Presbyterian Church, while in the Northern Presbyterian Church this is possible, and is optional with the negro Presbyterian churches; that the First Cumberland Presbyterian Church of Atlanta owns certain described real property; that Kime and others are trustees of the Atlanta church, and custodians of the title of the property owned by it, and as such they have made a loan deed to property owned by it to secure an indebtedness of $5,000, evidenced by notes payable to the Penn Mutual Life Insurance Company, and $4,000 of said indebtedness is still unpaid; that it has other outstanding obligations to the extent of $2,200 or more; that Mack has been pastor of the church, and still occupies the pulpit and exercises the functions of pastor thereof, but not as a Cumberland Presbyterian minister, but as a minister of the Northern Presbyterian Church, of which he claims to be a member; that certain named parties are elders, and the only elders, of the Atlanta church, and that other named parties who were elders are still using the property and assuming to act in an official capacity, but not as elders of the Cumberland Presbyterian Church, but as elders of the Northern Presbyterian Church; that the defendants, and the class whom they represent, were formerly members of the Cumberland Presbyterian Church, and have been for a long time advocating the destruction of that church and its union with the Northern Presbyterian Church, by virtue of which the Cumberland Presbyterian Church, with all its membership and property, would pass out of existence; that since May 24, 1906, they have been declaring that they are no longer members of the Cumberland Presbyterian Church but members of the Northern Presbyterian Church, and that the Cumberland Presbyterian Church has passed out of existence and its property has passed into the Northern Presbyterian Church; that the said defendants are interfering with the plaintiffs and other loyal members of the Atlanta church in their efforts to worship in the building and the performance of other duties, and are preventing plaintiffs from 80 worshiping, and are usurping the rights of the members of the First Cumberland Presbyterian Church by holding all religious and business meetings of the said congregation as meetings of the Northern Presbyterian Church; that the defendants are attempting and threatening to proceed to have the property of the said First Cumberland Presbyterian Church transferred and assigned to the Northern Presbyterian Church; that the membership of the Atlanta church has heretofore numbered about 100, but since May 24, 1906, 40 thereof, including the defendants, profess to have become members of

the Northern Presbyterian Church, and about 40, including petitioners, still remain loyal members of the First Cumberland Church of Atlanta, and will not consent to any union with the Northern Presbyterian Church, because they cannot conscientiously do so, nor to the transfer of any property, and that the remainder of the membership have either withdrawn or remain indifferent to the results flowing from the alleged union; that the conduct of the defendants has greatly damaged the usefulness of the church and impaired its financial resources; that the rights of the creditors are also seriously affected; that the property of the Atlanta church was donated and acquired by it for specific purposes and trusts, to be carried out under the constitution of the Cum! rland Presbyterian Church, and the transfer of the same to the Northern Presbyterian Church would be a diversion of church funds; that subscriptions were made and collected upon the faith that the church was to continue as the Cumberland Presbyterian Church. The prayers of the petition were that the defendants be enjoined from transferring the property of the Atlanta church, or any part thereof, to the Northern Presbyterian Church, and from interfering with the use and control of the property by the members of the Atlanta church, or in any manner changing the present status of the property. and title, and from using, in the name of the Northern Presbyterian Church, the property of the Atlanta church, except by permission of that church. Upon this petition being presented to the judge, he granted a restraining order and set the case down for a hearing.

The defendants filed an answer, to which they attached numerous exhibits, from which appear the history of the organization of the Cumberland Presbyterian Church and the differences between the teachings and doctrines of that church and the Northern Presbyterian Church, and also the various efforts which had been made from time to time to reconcile the differences between these two branches of the Presbyterian Church, and in which are set forth in detail the different steps that had been taken by the two branches of the church looking to a reconciliation of the differences between the two and a union of the same, and also the various preliminary actions by the different bodies of the two churches which finally culminated, in 1906, in the union of the two branches of the church. At the hearing the evidence was voluminous, all bearing upon the issues which were set forth in the pleadings. The judge granted an injunction as prayed for, his order stating: "The union between the Presbyterian Church of the United States of America and the Cumberland Church was null and void. The action of the General Assembly of the Cumberland Presbyterian Church seeking to effect such union was

without constitutional authority and in conflict with the express provisions of their constitution." To the judgment granting the injunction the defendants excepted.

The following parts of the constitution of the Cumberland Presbyterian Church were in evidence:

Church Courts.

"(24) It is necessary that the government of the church be exercised under some certain and definite form, and by various courts, in regular gradation. These courts are denominated Church Sessions, Presbyteries, Synods, and the General Assembly.

"(25) The Church Session exercises jurisdiction over a single church; the Presbytery over what is common to the ministers, Church Sessions, and Churches within a prescribed district; the Synod over what belongs in common to three or more Presbyteries, and their ministers, Church Sessions, and Churches; and the General Assembly over such matters as concern the whole church; and the jurisdiction of these courts is limited by the express provisions of the constitution. Every court has the right to resolve questions of doctrine and discipline seriously and reasonably proposed, and in general to maintain truth and righteousness, condemning erroneous opinions and practices which tend to the injury of the peace, purity, or progress of the church; and, although each court exercises exclusive original jurisdiction over all matters specially belonging to it, the lower courts are subject to the review and control of the higher courts, in regular gradation."

"(27) The Church Session is charged with maintaining the spiritual government of the church, for which purpose it is its duty to inquire into the doctrines and conduct of the church members under its care; to receive members into the church; to admonish, suspend, or excommunicate those found delinquent, subject to appeal; to urge upon parents the importance of presenting their children for baptism; to grant letters of dismission, which, when given to parents, should always include the names of their baptized children; to ordain and install ruling elders and deacons when elected, and to require those officers to devote themselves to their work; to examine the records of the proceedings of the deacons; to establish and control Sabbath schools and Bible classes, with especial reference to the children of the church; to order collection for pious uses and church purposes; to take the oversight of the singing in the public worship of God; to assemble the people for worship when there is no minister; to concert the best measures for promoting the spiritual interests of the church; to observe and carry out the injunc- | tions of the higher courts; and to appoint representatives to the higher courts, and require on their return a report of their diligence."

"(31) The Presbytery has the power to ex

amine and decide appeals, complaints, and references brought before it in an orderly manner; to receive, examine, dismiss, and license candidates for the holy ministry; to receive, dismiss, ordain, install, remove, and judge ministers; to review the records of the Church Sessions, redress whatever they may have done contrary to order, and take effectual care that they observe the government of the church; to establish the pastoral relation, and to dissolve it, at the request of one or both of the parties, or where the interests of religion imperatively demand it; to set apart evangelists to their proper work; to require ministers to devote themselves diligently to their sacred calling, and to censure and otherwise discipline the delinquent; to see that the injunctions of the higher courts are obeyed; to condemn erroneous opinions which injure the purity or peace of the church; to resolve questions of doctrine and discipline seriously and reasonably proposed; to visit particular churches, to inquire into their conditions, and redress the evils that may have arisen in them; to unite or divide churches with the consent of a majority of the members thereof, and, for cause, to dissolve the relations between it and a particular church, which shall thereafter cease to be a constituent of the Cumberland Presbyterian Church, and forfeit all rights as such; to form and receive new churches; to take special oversight of vacant churches; to concert measures for the enlargement of the church within its bounds; in general, to order whatever pertains to the spiritual welfare of the churches under its care; to appoint representatives to the higher courts; and, finally, to propose to the Synod, or to the General Assembly, such measures as may be of common advantage to the church at large.”

"(37) The Synod has power to receive and decide all appeals, complaints, and references regularly brought up from the Presbyteries; to review the records of the Presbyteries, and to redress whatever they may have done contrary to order; to take effectual care that Presbyteries observe the government of the church, and that they obey the injunctions of the higher courts; to create, divide, or dissolve Presbyteries, when deemed expedient; to appoint ministers to such work, proper to their office, as may fall under its own particular jurisdiction in general; to take such order with respect to the Presbyteries, Church Sessions, and Churches under its care as may be in conformity with the principles of the government of the church and of the word of God, and as may tend to promote the edification of the church; to concert measures for promoting the prosperity and enlargement of the church within its bounds; and, finally, to propose to the General Assembly such measures as may be of common advantage to the whole church."

"(40) The General Assembly is the highest court of this church, and represents in one

body all the particular churches thereof. It bears the title of the 'General Assembly of the Cumberland Presbyterian Church,' and constitutes the bond of union, peace, correspondence, and mutual confidence among all its churches and courts."

"(43) The General Assembly shall have power to receive and decide all appeals, references, and complaints regularly brought before it from the inferior courts; to bear testimony against error in doctrine and immorality in practice, injuriously affecting the church; to decide in all controversies respecting doctrine and discipline; to give its advice and instruction, in conformity with the government of the church, in all cases submitted to it; to review the records of the synods; to take care that the inferior courts observe the government of the church; to redress whatever they may have done contrary to order; to concert measures for promoting the prosperity and enlargement of the church; to create, divide, or dissolve Synods; to institute and superintend the agencies necessary in the general work of the church; to appoint ministers to such labors as fall under its jurisdiction; to suppress schismatical and other disputations according to the rules provided therefor; to receive under its jurisdiction other ecclesiastical bodies whose organization is conformed to the doctrine and order of this church; to authorize Synods and Presbyteries to exercise similar power in receiving bodies suited to become constituents of those courts and lying within their geographical bounds respectively; to superintend the affairs of the whole church; to correspond with other churches; and, in general, to recommend measures for the promotion of charity, truth, and holiness throughout all the churches under its care."

"(60) Upon the recommendation of the Ge eral Assembly, at a stated meeting, by a twothirds vote of the members thereof voting thereon, the confessions of faith, catechism, constitution, and rules of discipline may be amended or changed when a majority of the Presbyteries, upon the same being transmitted for their action, shall approve thereof. The other parts of the government-that is to say, the general regulations, the directory for worship, and the rules of order-may be ainended or changed at any meeting of the General Assembly by a vote of two-thirds of the entire number of commissioners enrolled at that meeting, provided such amendment or change shall not conflict, in letter or spirit, with the Confession of Faith, Catechism, or constitution."

The defendants in error contend that the teachings of the Cumberland Presbyterian Church are radically different, which they claim appears when the teachings and doctrines of the two churches are placed side by side, as they are in the parallel columns which follow:

Presbyterian Church in
the United States of
America.

Confessions of Faith.
Chapter III.

Of God's Eternal Decree.

III. By the decree of God, for the manifestation of his glory, some men and angels are predestined unto everlasting life, and others foreordained to everlasting death.

IV. These angels and men,

thus predestined

and foreordained, are particularly and unchangeably designed; and their number is so certain and definite that it cannot be either increased or diminished.

V. Those of mankind that are predestined unto life, God, before the foundation of the world was laid, according to his eternal and immutable purpose and the secret counsel and good pleasure of his will, hath chosen in Christ unto everlasting glory out of his mere free grace and love, without any foresight of faith or good works, or perseverance in either of them, or any other thing in the creature, as conditions or moving Him thereunto; and all to the praise of his glorious grace.

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VI. As God hath appointed the elect unto glory, so hath He, by the eternal and most free purpose of His will, foreordained all the means thereunto. Wherefore

they who are elected, being fallen in Adam, are redeemed by Christ, are effectually called unto faith in Christ by his spirit working in due season, are justified, adopted, sanctified and kept by His power through faith unto salvation. Neither are any other redeemed by Christ, effectually called, adopted, justified, sanctified and saved, but the elect only.

VII. The rest of mankind, God was pleased, according to the unsearchable counsel of His Own will, whereby He extendeth or withholdeth mercy as He pleaseth, for of the glory His sovereign power over His creatures to pass by, and to ordain them to dishonor and wrath for their sin, to the praise of His glorious justice. The Larger Catechism. Q. 12. What are the decrees of God?

A. God's decrees are the wise, free and holy acts of the counsel of His will, whereby from all eternity He hath, for His own glory, unchangeably foreordained whatsoever comes to pass in time, especially concerning angels and men. Q. 13. What hath God

Cumberland Presbyterian

Church.

Confession of Faith.

Decrees of God.

8. God, for the manifestation of His glory and goodness, by the most wise and holy counsel of His own will, freely and unchangeably ordained or determined what he himself would do, what he would require His intelligent creatures to do. and what should be the awards respectively of the obedient and the disobedient.

9. Though all divine decrees may not be revealed to men, yet it is certain that God has decreed nothing contrary to His revealed will or written Word.

Free Will.

34. God, in creating man in his own likeness, endued him with intelligence, sensibility and will, which form the basis of moral character, and render man capable of moral government.

35. The freedom of the will is a fact of human consciousness, and is the sole ground of human accountability. Man, in his estate of innocence, was both free and able to keep the Divine law, also to violate it. Without any constraint, from either physical or moral causes, he did violate it.

especially decreed concerning angels and men? A. God, by an eternal and immutable decree, out of His mere love for the prayers of His glorfous grace, to be manifested in due time, hath elected some angels to glory; and in Christ hath chosen some men to eternal life, and the means thereof; and also according to His sovereign power, and the unsearchable counsel of his own will (whereby He extendeth or withholdeth favor as He pleaseth), hath passed by and foreordained the rest to dishonor and wrath, to be for their sin inflicted, to the praise of the glory of His Justice. The Shorter Catechism.

Q. 7. What are the decrees of God?

A. The decrees of God are His eternal purpose according to the counsel of His will, whereby, for his own glory, He hath foreordained whatsoever

comes to pass.

Chapter X.

Of Effectual Calling.

I. All those whom God hath predestined unto life, and those only, He is pleased in his appointed and accepted time effectually to call by His word and Spirit out of that state of sin and death, in which they are by nature, to grace and salvation by Jesus Christ; enlightening their minds spiritually and savingly to understand the things of God; taking away their heart of stone, and giving unto them a heart of flesh; renewing their wills, and by his almighty power determining them to that which is good; and effectually drawing them to Jesus Christ, yet so as they come most freely, being made willing by His grace.

II. This effectual call is of God's free and special grace alone, not from anything at all foreseen in man, who is altogether passive therein, until, being quickened and renewed by the Holy Spirit, he is thereby enabled to answer this call, and to embrace the grace offered and conveyed in it.

III. Elect infants, dying in infancy, are regenerated and saved by Christ through the spirit, who worketh when, and where, and how he pleaseth. So also are all elect persons, who are incapable of being outwardly called by the ministry of the Word.

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IV. Others, not elected, although they may called by the ministry of the Word, and may have some common operations of the Spirit, yet they never truly come Christ, and therefore cannot be saved.

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The Larger Catechism.

Q. 67. What is the effectual calling?

A. Effectual calling is the work of God's almighty power and grace, whereby (out of his free and especial love to his elect, and from nothing in them moving him thereunto) He doth in his accepted time invite and draw them to Jesus Christ, by His Word and Spirit, savingly enlightening their minds, renewing and powerfully determining their wills, so as they (although in themselves dead in sin) are hereby made willing and able freely to answer His call, and to accept and embrace the grace offered and conveyed therein.

Q. 68. Are the elect only effectually called? A. All the elect, and they only, are effectually called, although others may be and often are outwardly called by the ministry of the Word, and have some common operation of the Spirit, who, for their willful neglect and contempt of the grace offered to them, being justly left in their unbelief, do never truly come to Jesus Christ.

The Shorter Catechism.

Q. 19. What is the misery of that estate wherein man fell?

A. All mankind, by their fall, lost communion with God, are under His wrath and curse, and so made liable to all the miseries of this life, to death itself, and to the pains of hell forever.

Q. 20. Did God leave all mankind to perish in the estate of sin and misery?

A. God, having out of his mere good pleasure from all eternity elected some to everlasting life, did enter into a covenant of grace to deliver them out of the estate of sin and misery, and to bring them into an estate of salvation by a Redeemer.

Q. 21. Who is the Redeemer of God's elect?

A. The only Redeemer of God's elect is the Lord Jesus Christ, who, being the eternal Son of God, became man, and was so, and continueth to be God and man, in two distinct natures and one person forever.

Chapter XI.

Of Justification.

I. Those whom God effectually calleth He also justifieth. *

IV. God did, from all eternity, decree to justify all the elect; and Christ did in the fullness of time die for their sin, and rise again for their justification; nevertheless they are not justified until the Holy Spirit

Catechism.

21. What are the evils of that estate into which mankind, fell?

Mankind, in consequence of the fall, have no communion with God, discern not spiritual things, prefer sin to holiness, suffer from the fear of death and remorse of conscience, and from the apprehension of future punishment.

22. Did God leave mankind to perish in this estate?

No; God out of his mere good pleasure and love did provide salvation for all mankind.

23. How did God provide salvation for mankind?

By giving His Son, who became man, and so was and continues to be both God and man in one person, to be a propitiation for the sins of the world.

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