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Les diagrammes suivants illustrent la mdthode. 1 2 3 4 5 6 Al / g^'^ t ■ SUBSTANCE OP SPEECHES AND 1 1 1 i i ! 1 I I' f ^ . . — ■ A nr--^*i*»'«»cp= ^=J=fJr~-" f SUBSTANCE OF SPEECHES AND ADDRESSES AT THE lireijbiiterial Wmmm of tmm €^[\4, 1^ TORONTO. BY ROBERT BURNS, D.D. TORONTO, C. W. MACLEAR, THOMAS & Co., PRINTERS, 16, KING STREET EAST. 1856. ; PREFACE. In this pampWet I have tried to combine together in the Bpeech form, the leading facts adduced by me at the k e Visitation by the Presbytery of the bounds. There were properly four distinct addresses made by me, over and above L undergoing a most lengthened examination. When the busi. ness of the Presbytery was in some sense over (I mean as to the taking of evidence), an appeal was made to the congrega- tion, to the effect of affording an opportunity to any member to appear either on the side of the Pastor or of the Memorial- ists On this, Mr. W. M. Gorrie, formerly one of the Trustees of Knox's Church, and still a seat-holder, came ^orward, and impucrnedmy character and conduct on four separate grounds. These are distinctly noted in the- latter part of this paper, and my replies given in substance. . , v * \fter the evidence was led, the Court consulted with shut doors • and thereafter a deliverance was publicly announced as having been unanimously agreed to. This took me by surprise, as it had been intimated on the evening of Tuesday, that the Presbytery would, after conference by themselves, meet for « public business' ' at eight o'clock in the evening. There was no hminess done. The written evidence was not even read, and when I rose to reply, I was not permitted to speak one word ; and neither were the Protesters from the Congregation. Against this singular treatment we have appealed; and the whole matter now remains by reference and appeal for adjudication by the Synod at London, C. W., in June next. I have incorporated in this paper most of the statements I intended to have made, had liberty to plead been granted. I only add, that had the aiohe done me the justice it did to the opposite party and the Presbytery, this publication might have been superseded. Toronto, C. W., 18th Bee, 1855. / / PRESBYTERIAL VISITATION Of KNOX'S CHURCH, Held from the Fifth to the Ticcntj/-F!fth of December, 1855. TUK UKY. JOHN MACTAVISH, MODEUATOU. I have already entered my Appeal against having beeii put as an accused party at the bar. I have also appealed Cainst the application to such a meeting as the present • of e rules iid regulations of 170G, designed for ordinary and not Bi cial Presbyterial Visitations, and which never received the sanction either of the General Assembly oi of he Church. I complain of it as a perversion of ecclesias- ic a law that charges against a minister should have originated nhi^^n Session! and that they should be ?ontaincxl m an act of resignation of their office, by the majority of office- bearers who, instantly retiring, left the Moderator alone, to annihi a ing the Session. ° Farther, I complam that the Presbytety, in i^ace of naming Assessoij to me in order that the matter of resignation might be orderly adjudicated on, I as^ed the Itter tos the shape of -finished jo - ?Lgs of the Session Minutes, and turned my application for Pres- iTrialinterferenceinto a line of procedure never contemplated Iw me, and altogether foroign from the design I had in view. ForrVix years have I laboured in the ministry, and many Chu/ch A^of an extraordinary kind have I seen, but never in Ue palmiest days of Moderate ascendancy, did I see the most obnoxiouf man cf the Evangelical party f^-nceremo- nSy, and on his own shewing, to the bar; deprived of bis j-ud3' status during lengthened sederunts ; and -^^^^^^J previous notice of it, called to explain over a field of ten years ?veiy ciicumstance which malignity and prejudice might take hold of to tease and to blacken him. It was my application to the Presbytery that brought them .Knox's CUurC. In f^^]^:^^^^^ number for a Sc-.on d - noU^^^ ^,^ p,,,. to brint; tlie matter in t»t^ J^ " ^1,^^ of two courscfi : bytery, that tbcy may '^'X;; ^^f J ^t ,vith the MiuiBter iJr thoy at once na- A o ho^ to^. ^^^^ ^^^^^^^ ^^^^ in order to form a Session , or uny ^^^^ Minister, own hands, and meet wi h the con|^gat. m ,^^^.^ that measures may bo f^^^'l^Z^^^^ circuLtanccs :!;^it;us invasion of constitutuma^^ ^ ., lOur Session met on ^J'^ -'^^^ ^^^ ^^^'^^j,^^ ..^ests had been any, to the orduia ion of ^^^ ^1^^^^'^; , j Jof eomiu haided in -^-^^^/,:;^;^,'^^ a'^bBorvation^ in the way on the roll, ilicsc naa O'-'-" ' , y-^^ | .^ . ,,^,([ the of reply 1-d been m^^^^^^^^^^ ^,,,',, , y Court was about to jmlge ot thoj ^^ , ^^^^^^^ ^,^^^ ^ ^^ ntter amazement, Meb.rs.McAiurr . , rresbyterial and earefully ^^-^^^J. ^^^^^n hel roeilted witl^ ^ andSynodieallM-occcdings,an oninc , ^^^^.^ " f +i,«",r Pnqtor and Moderator, xo xiii« ^"'■^j' b pose of tlieir i astor ana ._j^ endless distmction. name of an amnion, no ^ ^^^^l\^\^,^^., magnitude, .vhich It involves a charge, and a cliarf^c m ^i « .^ ^ ^^^^ ought to be well -^^/^^y^^tor of Calda ; t^:^:'Zl£^^ on/a mission to Nova Scotia and New Brunswick. ^ ^ ^ appoint me to such multiplicity ui undertake S jrrcio. of ha™, vioj^e. o. o..aone - Among m»y ^o^'™' ,f .™ons T Translation" given '^'f .t cS^omm tteo ofX Free Church oF Scotland I tty 84 '» the Presbytery of Paisley arc these :- t ■ j 'I ( ♦ REASONS for the Tfnmlation of the Rev. Dr. Burns, Paishu, to Toronto, Canada Went. FOR TIIK COLONIAL COMMITTKK OF Till! KUKK C.IUHCU OF SCOTLAND. I Tho vast extent and rcsourcoH of Canada, the amazing r.-vpiditj vrlth which its populati'm is increasing, and generally its rising importr.uce point out tUpruprioty of its beiui? m¥'^^'^ ^'^^^' '^^ '^''"''' "* '°'""''*'''' ''^'^^£'^^l:^ji:l^i^c^^ in which the brethren of the Pre.b;- torian Ohu -oh of Canada »' xve been placed in consequence of the 1) s- ruSn render it exceedingly desirable that they should cn.ioy tho Zr'oTa minister of exne/ience from Scotland-niore especially one Shoi^fulWacauainted wit i tho systems which Lave been pursued a Ihis^ountrVfo? organising congregations and for the sustentation of the ""ilL Tvhile tho call to Toronto attests the strength -f tj'« l^f^J.^^^^f" interest in that city, both as fogards numbers im3 weal lithsc,^^^^^^^^ be viewed us connected with tho nomination Y '/'^i^'sH^irnnTh officei to tho Chair of Theology at Toronto; and while the duties o both ottices must bo discharged, tbr a time at least, by the same individual the Cning.TilityT readiness, and untiring energy of Dr. urns point li.m out as possessing, in an eminent degree, the rare qualifacations which are necessary for so arduous a service. , -.i :„ Var^n,^a IV Tho reception which Dr. Burns has already "^^^t^^^^'/V T 1?^ indicates the cordiality with which ho will be welcomed, and affords he mo^t pleasing prospects of the success which would attend h.m m that great and rising oountg.^ ^^^^ _^^^^^^ G.n.mlii.e, J. A. BALFOUR, Junr., /Secretary. Edinburgh. 13th January, 1845. The Chairman of the Congregational Meeting of Knox'a Church, which sent me the call, was Mr. Isaac Buchanan, now of Hamilton, and a tried friend of the Church in many ways, and in two of his letters, of date 24th and 2bth July, 1844, the following passages occur :— v r "It is impossible for me to express the deep feeling of anxiety entertained by every member of the congregation, that you may come among us, having in view not only their own edification and eternal interests, but looking to it as vitally important to the interests of the infant Church, that we secure the advf:ntage of the great knowledge and experience which you possicss, especially at her outset." In the second letter, two days after, he says : " Your coming out were it only for eighteen months or two years, would be evek more valuable, as affording the infant Church here, and through it, the parent Church, as the Free Church m.y be 8 ,, 1 .^.l-'r-^ -v^r.volv to your labours in called, than could be as look.n^ nao.'y y Toronto." - ,i • •+„ ^^q^q main Messrs. Peter -^Xe'^ondenct^^ view ,,f ugcnt9 in co-'dactmg the couesponae j^ interesting obtaining my services .^^''J,^"'" '"";„„„, of earnest appe«l, letters of the former, I select *'>'^\",^P^^°"^ o„t„te,. 28th, 184 I, of dates July 12th f;^^^^-^- f ^; »l£a that Mr.Bro... Tat Mi^aZ: ot %"w"/ Fe-« w^om he was .nnt.n, '"'."matarwltodov The Lord ^„r«,e«^^ his vineyard, and relieve »» '-» ™>-|,^t cS i" Scotland, But is his hand not pointed to the ^ rco i.n and does his voice not say, ™P /""^X'/Ty yo'" 1"™ *° and help them i""?«''f ?• „,f '" ,„"fgci by your regard the glorious cause m whicli ?»?, X k of &eLe, although f„. §,e 7'\lr/S?eS^n ti,°ltt, send us hefp. professedly hearmg l-resoy ''"" „„,, Wow ovir localities. hme yourself; you know our wants 7^1^^'°^. It i, ?i;?rtet":irc:£ 7eKuhe^i'«vd.b.^^^^^^^ .Weea™estlyhopetha^youwi«^^ d^b^'y™" 1 1^%^^ ^n made up their min s V 4. •: ■ft,i+ tlipro are many reasom. >> e Trant yviu v. ^ about It. i3ut tliore ai e m<^ j Olmrch ministers right, and experience to keep even the f^?^^^^^^^^ ^in, ^nd you They have threatened ^f^^her rmpor^^^^^^^^^^ could look them all mto thmr W^ P^f^'^^^^^^^ \uch an no Act of \^f;^^'Zri^l t^! t Lul prepared to arrangement as \^^\J^;^^j^^^^^^ which I^vrote make an addition t^,^^^' ^^^ ^' 'p^ee Church congregation, you had been passed over to the ^^«^^ j^ ,| Church. k :SnCs a-dt/^st ^ L new Church wa. ^"fx^wtunani—appoin^^^^^^^ but with tl"^ J— j'Sfri^t rtSrsiap would bo more '»°*"^ "f • tl'^pl'f "tre^ w fr:ttr;t by thre'e or four TZ ministTto put off the appointment, but your friend. ► % y i \> nml the friends of Canada insisted on the appointment being ::',T Thettuve arrangement -s -eed^^^^Pl-f, ^ who were thwarted in their opposition. Ihe ^^^^^ J;',^;\^ not get up Knoxs Church before the ^f^^ »,!,"' J, JJ, makL the t^^Por-y ''dton ^o Mr H.n«^ which I wrote you -^o^;^ I\7Ki''4X ^ith the old Church, :So,:: VotS^Ztl .t.n .a the new one in the ^"prmn'some expressions in these letters it is evident that a new and commodious church, *» !>»'»«*!" fj^^t^a' Z^l preliminary element n the arrangemn,^^^^^^^^ Ch"l " I looW i:'vaTnT'.nd on re" uest-S, - --'-f »[ ^^tJ matgers, held in Mr. McGlasWs l.u^^^^ Sclt "dp^'eSes the™ and ?n New Br^swicU, in fhdrs'aldettn, it occurred to - *hatp^sjbly my en- gagement which was i^^^i\i:zrx^:^xttt^ t the end of two, and *1^* ^/ ^f ^f^^" be relished more. In another colonial field, where «''fy ™9,' , • ,,.^3 licensed, ■rhlmWntSim^trntVade^^^^^^^^^ Z cdd'^Jathy -h-h seemed to me (I may be wrong) to characterize other parties : — TO THE REV. ROBERT BURNS, D.D. ^^^^^ ^^^^ The Memorial of the undersigned Members and Adherent; of Knox's Congregation, respectfully sheweth— ( I :..ll '■■ R 10 That vve have with the deepest regret heard mooted the question of vour Jeavinc the Congregation for some other sphere of useiulncss. Under a strong conviction that that event, were it now to take place, would seriously impair the present prosperous condition of tiie congre- gation, if not, indeed, as it is to be apprehended, wholly endanger its existence, we are most anxious to ayail ourselves of every means within our power, to induce you to relinquish, if you should have formed any intention of leaving us. So much of what is favourable in our present position, both in the congregation and in the Church to which we belong, is attributable to your ability and untiring energy, that the apprehension of losing the advantage of these qualities at the present time is alarming. We cannot doubt that, to an unbiassed judgment fairly considering the whole case, it will manifestly appear that your translation Irom among UB would be attended with consequences disastrous to our ecclesiastical and congregational interests. We therefore desire to express our earnest hope that a serious consi- deration of the welfare of the congregation will impress upon your mind the conviction that it is your highest duty to continue to devote your eminent talents to the labours of your present charge; and we tervently pray that, by the blessing of the Almighty, you may be long spared to spend a happy life among us as our most highly esteemed Pastor. In the course of my three months' absence from Toronto, I visited the States, and collected and purchased a thousand volumes for the College Library of Halifax ; supplied Halifax, Pictou, Prince Edward's Island, and the city of St. John, New Brunswick, w'th preaching on Sabbaths and week-days, to a greater or less extent; visited nearly all the families of the Free Church in the two cities of both Provinces ; obtained a subscription of ,£1000 for the erection of Chalmers' Church in Halifax ; opened the Mechanics' Institute as a temporary place of worship in St. John, N.B., and organized the nucleus of the Free Church congregation there. All this, with kindred labours of a similar kind before and since, I looked on and still look on as a donation, if not in money at least in work (which is the same thing) from the Christian members of Knox's Church, Toronto, to their more destitute fellow-mem- bers of the body of Christ. Two years after, I made a shorter visit to Nova Scotia, and opened the new Church in Halifax, then under the ministry of my esteemed co-pastor once in Paisley, Mr. Forrester, now the Chief Superintendent of Edu- ■cation for Nova Scotia. While I was in Halifax, in 1847, the temporary erection called Knox's Church, in this city, was burnt to the ground, and the insurance of £400 upon it became the first and highest sub- scription to the new erection. Had this event not taken place, my people and I might have been worshipping in the brick and -wooden erection to this day. As it was, I listened to the voice o* I 8 D J] \ \ S 1 1 11 of Providence in it; finished my engagements in the Lower Provinces ; and was home by August 1st. The " ^^J^ of the new Church were in the course of being digged, and the stately fabric in which we now are, was opened just twelve months after. It may be proper to add, th^* «^ ^y?;Xv my ecclesiastical superiors, the members of J^^ f ^^^^^^^^^ with a zeal for order, perhaps commendable m itself, but some- what bizarre in its movements, first took from me, by request, a full account of my labours in the Lower I^rovince , and for which I had their thanks ; and exactly two months after, called me to account for going away With the 1^^^/.^^ ^^^^^^^^^ Mr. Harris and Mr. Donald Elder, I succeeded m pacifying them and cot off with rather a slight censure. I had not lor- malT; ZLl their permission. The worthy Clerk, -7 -temed frieml, Mr. Rintoul, advised me to go down to see how jnatte" were after the removal of Mr. Robb to Hamilton, and then write up for leave of absence for such a period as might be re- quired. I did so ; but my letter and request had, by a mere ?rp e of memory, lain in the pocket of my worthy friend safe an'd sure till m/'return. I called it from its -qmem and^^ became an element in modifying the censure. That holy man is now removed far above the sphere of those «^^««;ons wh^ch he cherished ; but his spirit had nothing m harmony with the movements of a calculating and contracted heartlessness. My visit to Quebec, in 1852, was expressly required by the Home Mission Committee of the Church-a power above a PreTw Toronto was absolutely teeming with ministers ; and yet my congregation began to murmur; and the Presby- tery ^dndly sympathised with them in this granting at the aSe imel m^odicum of supply. I " cast up" owards Christ- mas having in the meantime sent up a pastoral address to my ronle pleading pity for the destitution of the ancient capital Sf cTnat, aS /arious districts in the Eastern Townships, which I sought to visit. My having been one of the candidates for the C^^/ir ^"^^^^^^7- in the University has been referred to as proof of a want of honesty, inasmuch as it seems to indicate want of interest m mv coniregation. Mr. Esson and I, unknown to one another, Xed Surfelves for the same Chair. We had fought side by ide for the christianizing of the University -/ts patronage and actings and we had succeeded only m part. In the cir- Sms^S'we felt a desire (certainly \-f-^'^^fl'^^^Z or more of the departments of general literature a Christian 12 influence might be thrown ; and in a rising country like this we viewed the historical chair as one of the stations from which a most powerful influence might be brought to bear on the forming mind of Canada. We conducted our canvass together with perfect good feeling, often comparing notes ; and resolving to be fellow-helpers in the common cause of God and our country, on whomsoever the choice might tail. My loved and respected friend was chosen by the Senate, but the choice was not confirmed by th^ Government; and mean- while the Great disposer called him to a higher preferment above. The gentleman who was eventually chosen, Dr. Wilson, is a man of European reputation. We have him often as a hearer in Knox's Church, and I don't think he will cordially sympathize with the memorialists m wishing my re- moval. And as for myself, I never felt ashamed, nor do i now, of my position in the canvass for the chair ; for what- ever the Senate might do, the Caput assigned me a place tar a-head of many leading scholars of Oxford, Cambridge and Dublin ; and far beyond what an old stager so long olT the irons had any reason to expect. And did I contemn my peo- ple ? I think not. It was never my intention to hold a plurality ; but to remain an humble member or office-bearer m the congregation. I could have done my successor in office and them much service ; besides carrying out my mis- sionary desires for the Province at large ; to say nothing of the close connexion between the literature of the church which I had for four sessions taught in Knox's College, and the literature of history at large, which I would have been called to teach in University College. Mr. McMurrich has adduced as a proof of dishonesty my charging Mr. Campbell or himself with having a certain paper in their possession, which I found to be in my own, and which I gave to him (Mr. M.) without an apology. The facts are these. The paper was Mr. Campbell's defence, my reply to which was retained by me, and therefore I naturally thought that Mr. C. would retain his own paper; and failing this, that it would be in the hands of Mr. McMurrich, who acted as clerk to the meeting. I may have affirmed the thing with over pertinacity ; but as an evidence of dishonest intention, the proof is at fault. A man of dishonest intentions would have concealed the fact of his having found the paper among his own chattels ; yea, possibly, might have put it into the 13 fire, and no discoverj mignt have been made. What did I do '' X nasted from the meeting as fast as I could— rummaged through a drawer of c'd papers— found the one in question- instantly ran back to Mr. McMurrich's place of businesB ; found he had gone in search of it to the session house ; told the whole matter to his young partner, Mr. Samuel Gunn— was advised by him to keep my mind quite easy as Mr. M. would be back in a few minutes, and he would hand the paper to him with a suitable explanation. All this passed in about a quarter of an hour from the time Mr. M. and I had parted, and next day I repeated the substance of it to that gentleman. I had thought he had been satisfied that I had no improper feeling in the matter, far less " a dishonest intention. Another proof of my " insincerity " is thought to lie in my seeking to raise the nominees to the Eldership from fifteen to twenty, that my own wishes as to the men to be chosen might, forsooth, be gratified. It is peculiarly unfortunate for this argument that, by reference to the attested minutes of bession Buccessively before the Presbytery and the Synod, it appears that the person who made this proposal is "Mr. James bhaw, who sympathizes with his brother Elder in the complaint of dishonesty ! Unquestionably, however, it was at my sugges- tion he did so ; and the language I used, so far as can be re- membered, was, in substance, this,— addressed, too, not to the con'Tregation, but to the brethren of the eldership near me,— " I don't think this list represents the piety of the congrega- tion You will not get out of it six men suitably qualified, or that are willing to accept." It may have been improper m me to make the remark, perhaps, but assuredly t»iere was no "dishonesty " in it. Mr. McMurrich did not, at that timey make any such use of it ; for in the Session House, imme- diately at the close of the meeting, he said to Mr. Shaw and me: « We have had a very agreeable meeting ; only, Doctor, I wish you had not made yon remark." " Why, said 1, 1 am better pleased now; we have got some very good men added, and we have now a better prospect. _ Both Messrs. Pvper & Campbell were on the list of nominees. 1 did not say a word, ffood, bad, or indifferent about it then ; but cer- tamly had it ever entered my mind that the first of these per- sons would have been returned in election, I would have ob- jected strongly to his being in nomination at all. I solemnly deny that my conduct in regard to Messrs. Pyper 14 1^ and Campbell has been in any proper sense "vexatious That my opposition has been uniform, steady and strong, is certain; but "vexatious" means ^^ wantonly malicious. Let it be observed-Mr. R. D. Macpherson still adheres to Ms averment as to the « walking ticket ;" and Mn Pyper wil not agree with those who say that it was just a ' thoughtl^^^^ Pxnrelsion " He is the last man who will take that ground of ^defence*. If he said it, he meant it ; and his "f eaning was grave and solemn. Moreover, it indicated a knowledge of the Lties who sought my ejection; and he is not the ninny to# Bay that all he intended was just to give utterance to a "thoughtless expression." He continues to deny-Mr.R D. Macpherson continues to affirm-the evidence stands ; and I firmly and conscientiously believe that he said it ; nay, more, I believe he will say it still-that is, in substance--for why otherwise does he wonder that I took offence at it ? Why Bhew such hatred to me? and why give expression to that hatred in such papers as those read by him before the Session the Presbytery: and the Synod? Had he the spirit of a Christian in him, and the manliness of a generous heart, he would be the last to take offence because I made his with- drawal or his ordination the turning point o my pastorate in Toronto ; and he would have been the first to relieve me from the difficulty,— «/ie moment the Synod had chared hm. I am blamed for allowing objections to Mr. Pyper to be given in on two separate occasions. Who, pray, is to blame for this ? It is the constitution and law of the Church, and these only, that are to blame for it ; and yet there is no blame any where. When the congregations return their Elders elect to the Session, it is the duty of the Session to take immediate action. If any one of the members knows good reason why an edict in favour of such and such mdividuals should not bo served, he is criminalif he conceal it; and what is binding on a member of the court, is, a fortiori, as binding on the Moderator. And when a member or the Moderator has noted his objection, and obtained from the Session an order for inquiry, does it weaken the objection to the Elder elect that eleven of the members in commmunion shall step torwara voluntari,,, and intimate that they have heard of the same objection, and that they concur in it? The mvestigation would have gone on independently of these eleven ; but should the concurrence of these eleven have marred the proceedmgs in the case ? And shall the circumstance of these eleven 15 civincr in their objection in limine to any movement being Tken^atall in order to the ordination o the Elders, preven the serving of the edict at a future period, and deprive the rest of the congregation of their power to appear against the same Elders elect, on other grounds ? I can ^^^.^^^^Y^^ ^l'''' in which it would supersede the edict ; and that is, it the ob- iection, brought by the Moderator and joined m by eleven <^ haying mtevcsi/' was sustained by the Courts; for if so, the record and the case would be closed. Does it follow that because a preliminary objection has been disposed of by the Courts, no other objections may bo compe- ten^t on the serving of the edict ? I am not very clear whe- ther, if new evidence were forthcoming, the same objections which have been heard in limine and disposed of, may not again be renewed, the circumstances bemg changed, iiut at all events, I am clear that other objections may bo brought forward by the same individuals, or by others. Theie is nothincr "vexatious" in all this ; and the man who is con- scious Sf innocence in the first case, will rather mvite than otherwise, a full investigation into the whoiC merits. Wore the obiections in limine the same as those aftei tht edict? They were not. My brethren think they know me better than I know myself, when they say that had it not been " the walking ticket," I would not have urged any other objection. How do they come to know this ? It may be the <^ walking ticket" made me look more sharply after the man who held it up to me ; and my friends in the congregation may not have been able to dismiss the thing ffom their mmds , Tnd the association of the « walking ticket," with the solem- nities of holy fellowship and other occasions similar, cannot be edifying •, but certain it is, the courts have nothing to do with tl if dden regions of the heart. They have dccbned to look at these in any measure on the part of Messrs Pyper and Campbell towards me; and I solicit the same indulgence for myself as regards them. « Not on the merits"— substantially, I did tell my people, on a Thursday evening, that the Synod had adjudicated only on the objection m limine; and that by-and-bye, tie edic would be formally served. And why should I have concealed this from my people ? Did I anything more than merely state it f Did I breathe one word against the two gentlemen ? Did I use any influence to move the people? On the con- i n I II 16 traiT did I not "knock on the head," as Mr. Mackay, one of the witnesses, expressed it, a proposal made to nic by some parties to call a Congregational Meeting, for the very purpose ff onsidering the rilhts and duties of the congregation m this very case ? Surely it "was enough for mo to appear to be impartial in the matter. Mv feelings have at no time been absolutely dead in regard to it, Ut certainly I have succeeded wonderfully in keeping thein so calm as not o ^^toiTup the ordinary tlow either of pulpit duty or of private mirustrations. The idea of my intending to constitute the teachers of my Sabbath School a court of discipline, in room of the Session, originates in misapprehension. I nev^r dreamt of such a thino-. I claim the Sabbath School as part of my pastoral char'^e Mr. Pyper had been put over it as superintendent without my having been consulted or the Session, and m my absence from home. I did not allow my feelings on this ac- count to prevent a recognition of him m the character of su- perintendent, because I knew him to be an able and spirited inspector of Sabbath Schools ; but when the speech of Mr. Pyper was repeated to me by one in whom I had perfect con- fidence, and when Mr. Pyper himself did by no means disabuse me of the impression, I felt it to be a duty to myself and the congregation, to call for the resignation of one in whom I could not have confidence. I asked nothing more ; and I maintain that a minister is entitled at any time, and for rea- sons less cogent, to resume the charge personally of the lambs of the flock? When Mr. P. refused to resign, and when the teachers sustained him in this, I asked them to satisfjr them- selves of the reasonableness of my request by bringing the parties face to face. This they, by a majority, refused to do ; and ever since they have been in a state of rebdlion against the pastor, whose assistants they affect to be. But had they acceded to m, request, and made the enquiry asked, won d this have interfered with the duties of the Session? Not m the least. If Mr. Pyper remained in communion with us, the enquiry on the part of the Session would have been so far faci- litated ; and if he left the congregation, the necessity of en- ouirv on the Session's part would have been superseded. As a private member of the Church, Mr. P. is responsible to the Church Courts ; but just as in the case of the treasurer ot a Bible Society, or o^ an agent in any religious association, his office of Sabbath School Superintendent added to him a new 17 responsibility, and vested liis constituents with additional control over him. For eighteen months I have hcen kept out of my Sabbath School by the fact of Mr. Pyper and his " walking ticket" being there. I believe he used the words ; and do not some of the Sabbath School teachers believe as I do ? and have not more than one discontinued their attendance on this very ac- count ? That there is no physical bar in the way of my entering the classes is true ; but there is a moral barrier which, to a man who knows what self-respect is, proves juat as powerful. One of the causes of the depression in the spiritual state of my congregation is just this fact : that Messrs. Mc- Murrich and Shaw being the majority of the Session authoriz- ing it, the Sabbath classes are monopolized by strangers in the congregation, disaffected to the pastor, and having interests opposed to his. The Presbytery free m'^ from the charge of " tampering " with witnesses, but they notice what they consider an un- guarded expression as used by me to one of the witnesses. Let an impartial public listen to this case ; a strong one suroly if held Avorthy of ecclesiastical record. One of the witnet ics examined, Mr. Donald Fraser, labours under a painful defect in hearing, and at two or three meetings of Session at which he wa3 present, we had considerable difficulty in obtaining catego- rical answers to our questions. On one of these occasions he wai asked by Mr. McMurrich to put his reply in writing. He did so, but the reply was so ambiguous and indistinct as to convey no intelligible idea. The Elders keenly contended for it standing as it was; whereupon I remarked that it wus the duty of the presiding judge to " protect the witness," and that I would protect him. Whereupon I told him to look at it again, and try and make it intelligible; adding in words nearly as follows r "Mr. Fraser, do yourself justice." The language put into my mouth by Messrs. Pyper and Campbell, and concurred in by the two Jllders, " Ah, sir, that won't do; you must come down a peg. Your evidence is by far too iavourable for Mr. Pyper,"— I solemnly declare in writing, as I have repeatedly done in words, to he a base fabrication; and I am happy to refer to the evidence of Messrs. Gilbert, Oal, and McKay, and of Mr. Fraser himself, that no such words were heard by them ; and they must have been heard, if used, by all present, for I am always in the way at i 18 ^r\r.cr in a loud tone to that excellent young man, simply L Session MpomgBtl mode of <^^^^^^^^ ^^^^^^^^ „,„ '^°:'rtrs"/sif" e Modettor'or any mcn,bcr in parties at tUc »«»»"?"'"', ■ icadin2 questions, 1 invaria- complained of. Th,t in Mr Pvper'8 store, in Mareh 1854 I did apply the tern " cnei^cs " fo Messrs.' McMurrieh and Sh»w .s true ; done; in the vindication of a righteous cause? TV,«f -Knox's congregation is in an " unhealthy" state, epi- ^ ti"' ^'Tat^irToTXbl' men' if^etldership in managers may not be somewhat^ respona^^^^^^^^^ 'Tf':T^nl^{^Vr^^^^i of the eon^egation "T^f T; "itUn^ght;" butI«ouldnot despise the day and of me « '« »*"S",V, , ^j,^ righteous smite us; it is own short comings. The heart-burnings which ce tarn par ilshave occasioLd are cert-r^^ P-jl'J^tnlUr^ully vou will give me the storm and the tornado, I wiU cheeriuuj Lake yola present of the stillness and the death which ac Company " the pestilence that walks m darkness. ~\ 19 Of tho progress of the congregation since the commcncomont of my ministry, tho following table of admissions of members may give some idea : — A COMMUNION LIST OF KNOX'S CHURCH Extracted from the Sessioii Record, this lOlh December, 1855. Roll as it stood on 23rd May 1845, the day when Dr. Burns was in- dueled 215 Admitted in September lB4i5,jirst Communion Season... 80 In February 184G 48 la September 1840 23 In February 1847 38 In September 1847 34 In February 1848 33 In September 1848 18 In February 1849 40 In September 1849 51 In February 1850 74 In September 1850 21 In February 1851 55 In September 1851 25 In February 1852 25 In September 1852 , 34 In February 1853 39 In September 1853 30 In February 1854 37 In September 1854 70 In February 1855 35 In September 1855 30 1064 Being at the average of about eighty ^qt annum. The average con- gregation is estimated at 800 in the niorning, and 150 additional hearerg in the evening ; making 950 in all: this of course including communion seasons. The gross number on the roll of communion in June last, excluding removals by change of residence and by death, was 420. Mr. Alexander Henderson, of Yonge Street, although not himself a member, kindly interposed his services to obtain a better supply of spiijitual privileges for himself and his friends, and as he himself expressed it, " concocted," >>ith the aid of a few congenial spirits, a " memorial" to the Presbytery for my relief from active service, with a liberal measure of I i 20 half-Dav and a place on tlio roll of tlic ancient naval veterans of th%riti8h flag, " the Admirals of the Yellow.' . 1 ^aa kndly a iUd a sight of the names in '!.i« ir.emonal, and I now exhibit an analysis of it, for whoso general accuracy I think I can vouch : — ANALYSIS OF MEMOUIAL. Numher of names, excluding the six concurrents 43 Of whom, heads of families -^ Tliero are of communicants In the list there appear the nnmes of nine or ten young men, in the omplcv of Messrs. ^^y per, Campbell. Leask, Henderson, PoUey, ami iSlaw Mr and Mrs. Ilenning ave not members of Knox's Churpli although tl^y occasionally occupy a seat there. Among the memorml- ?.t« there are many ties of lamily and commercial relationship. Of the tix Concurring, Messrs. Peter Bro^n, Hugh Mil er, and S .?«uel McLaine are conn! cted with the George Street congvegution >lr. Join Laidlaw and Mr. Robert Maitland ^Yi^^-'Z'llnB^^^ has H v and have not as yet joined any other ; and Mr. Oordon Brov has la eiy Joined I nmto^ld, the Church of Etigland. They all. however idhered at o^etim^ to. Knox's Church, and th.y form an aggregate of ten or twelve communicants. Mv impression is, on the whole, that not one-half of those respectable persons, whose names are at the memorial, ha^ e any well-defined or strongly-felt desire to leave my ministry. If the lengthen: a oxcmination which six day have wit- nessed has been ir my on instanc. Gratifying to me, it has been in this, that .i bus b.onght out «oine pleasing illustra- tions of good done by my feeble instrumentality, of which I was not awa?e; and that it has rallied around me in greater strength than ever heretofore, the affectionate attachments ot pious and intelligent hearers. With regard to financial concerns, we are not bad at all, and I trust we shall soon be better. Mr. Leask hasfurnished me with written evidence quite sufficient to prove this, how- ever difficult it may be to make it tally v^ith his appearance ■ here in company with th« extrusionists, this day. His balance sh^et for 1854-55 shews m excess of X104 Ts. 3d. m expendi- ture above the receipts ; «id how does he account tor it r Eii-st, by statinir that th« mm of £U 6s., standing m the coton of "annual expenditure," went to W«»ent8 on the "building account;" Ld secondly, that ^1^9 4s. of seat^ rents waT unpaid. I told him at the time, that had he given 21 mo notice of this before the balance was elo.Hod, I would havo tried and p;ot a portion of it in, for our people ar(^ neither unable nor uuvvilliuf» to pay. In May last I wrote to hira to the same effect, and pleading for justice to the sitters, by his putting to the credit of last year what properly l)elonged to it, although not actually collected till the balaiic*! was struck. In the end of March this year, with Mr. Leask's concur- rence, I drew up the following notice, whiHv was road from the pulpit on March 28 : " Tlie Truatees bog rospectfully to inform the congrogaUun that by a prospective calculation made for the current yoar, there will bo a defi- ciericy of about £G0 in the income necessary to defray current expense;}, and they would earnestly desire such an increase in the ordinary collec- tions as would meet this deficiency. The average ordinary collection for last year is about X5, and four (;r five dollars more (not a largo sum when spread over a large congregation) would cover the amount ro- quireu. A very little exertion will do this ; and I would earnestly re- commend to all the members and sitters, to make conscience of the duty of their voluntarily contributing of their means to uphold the ordinances of God." The result has been what it always is In matters of this na- ture, a prompt attention to the recommendations of the pastor ; and from that day to this the average of weekly collections uas been rather above than below ^66. Of the gross amount of yearly collections, the following table may afford proof that there has been no falling off : 1851 £31') 2 5^ 1852 296 4 1853 344 11 3 1854 £367 19 2.} 1855 *444 5 8 The trustees, indeed, have told the Presbytery that the last six Sabbaths shew a falling off in all of rather more than £5. Throe of these Sabbaths have been very wet days ; and the weather always affects our collections. Moreover, there are moral causes in operation as well as physical — and more powerful they are certainly— and Mr. Alexander Henderson may not be the only sitter who triumphantly exclaimed in my hearing — obviously to prevent me from entertaining a higher * It is but fair to notice that this last sum is above the amount that might have been expected in ordinary circumstances. The afternoon eervice in which Dr. Duff officiated brought us £80, and of that sum £30, or perhaps £40, may have been contributed by strangers. 22 idea of his generosity than might have been warranted by facts, _" I aSrelkept my handsinmypockets. ' T have before me Mr McMurrich's state of the Bacramental conections m ^ Oct. 1849, and I observe that, compared with those of 1854-5, the difference is as c€13, to withm a trifle of X23. Ample reference has been made by Mr John S^aw to the nlanrproposed for the benefit of the Church finance m 1852. SefoSto state that the entire origination of the plan con- Tainedi the following paper belongs not ^^^^^^^"^^ exclusively to the pastor, whom at that time the same m fluence, now at work, sought to exclude : TO THE MEMBERS AND SITTERS IN KNOXS CHURCH. for the payment of ^^l^f^^l^oLZolZ^f.^^ of the coBgrega- liTn'" T^c^rtSs^^^^^^^^^^ of about two hundred pounds ^"?*^' >rtotu.'S8\\%^rb1Shsuch an augmentation might he In oruer to ^^"gg^«5.^X Jf thrOhurch as would be sufficient to coyer made to the regular funds of the^^^^ ^^^^^^ ^^ g^^. sion, andsixmemDcrsoi luo I careful considerat on, came to the having gu-en the m^^^^^^^^^ ffeclhe plan would be a voluntary "'ae^'Smmrerartrare of the liberality with which many already ihe Lcmmiuee aro iiwa ^ grateful acknowledg- 1 ties ot the conj, f' the r omnion, if fairly carried out, promises to be tion a p an winch, m to^^^^^ and indepen- TnZ of anv additions ^^^^^^^^ ^^'^ time to time i f« &Din1on of thJ Committe that a scheme of contributions, somewhat ^.JvSlowine might be aimed at, and if successfully carried out, he rt^ulf woTd'he aSply sufficient to realize the ob ec^ .n view, while Ihl m-Psfiure would not be felt so much by individuals. the pressure woma no considered as ordinarily assemb- UnlTrtCdlTs'ofTibfic'worBhip on Sabbath, there may be of sitters representing families— 28 Ten — "who might agree to contribute one dollar each to the weekly Sabbath collection, thus realizing £2 10 Twelve— who might give 28. 6d i ^2 a Thirty-two " Is. 3d ? t2 n Forty-eight " Os. 7Jd 1 JO By the rest of the Congregation ^ i^ " Thus making in all £10 (Being about double the present collection.) In a congregation, as in all associated bodies of men, every individual member is expected to take his share of the responsibilities involved, and w^en a fair and equitable average is taken over the whole, the burden on any one in particular becomes light ; and while the duty of \ -ompt and cheerful payments of seat-rents ought ever to be recognised and acted on by every member, it is to the voluntary offerings of the congregation on the Lord's Day we must look as at once the test of the attachment of the members, and as a pledge on their part that they will do everything in their power to secure the permanent prosperity of the Institution they desire to uphold. The above proposal having been sub- mitted to an adjourned meeting of the congregation, held on the 4th inst., was approved of, and is now commended to the favourable consi- deration of the congregation , JOHN KAY, Chairman of the Joint Committee. JAS. LEASK, Treasurer. ROBERT BURNS, Minister and Moderator of Session. Toronto, 27th May, 1852. And why did tins plan fail ? Simply because the pastor who drew it up, was not supported. My wish has all along been to keep the seat-rents moderate, and to raise the weekly offerings. As it was, good was done ; and the plan may yet be carried out, were suitable agents to be obtained. That they may be obtained with greater success now than three yearf, ago, I have not the shadow of a doubt. The Presbytery have been pleased to notice the objection- able nature of the " constitution" under which the Trustees oi Knox's Cnurch act ; but they are of opinion that " the evils existing in the congregation are but in a slight degree traceable to thib ,ource." Had the Presbytery taken the slightest pains to inquire into this matter, they would soon have found ^that the origo mail lay in this very document. It was this " con- stitution," as it is termed, that mainly led the Trustees, in 1845, to call in question the obligation involved in their arrangement with 'ne before leaving Scotland, as to rearing a Church. It was this " constitution" that led me, in 1846 and since, to protest against merely secular managers taking up the alms of the congregation designed for sacred purposes, and 24 H ^ ti these only. It was in his zeal for this '' constitution, that Mr John Shaw made the well-known speech which, at the Sance of five or six years, he rehearsed in h^, address to the Presbytery on Friday,' December 6th, and which, to my feel- ings was at the time and since, most revolting ;-that i any eS dared to interfere with him in taking up the collections, he would soon give him a very palpable proof of h.s mis- *'^lfwas this same " constitution" which, in October, 1848 led to an issue unexampled except in the annals oi the icn Years' Conflict" in Scotland. What was it? The worthy Pre- centor of Knox's Church having given offenceby appearing rather prominently in or at the orchestra on occasion of the opening Sf St. Michael's Cathedral, was suspended by authority of the Session from his office for a short time. The Trustees, offended at this, called me to a conference. I refused to go without my elders. I had then some men of f^^dy principle around me. We went in a body, and declined the jurisdiction of the iiubt- ees in the case. Dr. Willis, being present, was appealed to and gave it in our favor. Nevertheless, the Trustees reversed the sentence of Session, and restored the Precentor to his place ! At a later period (1852) they summarily removed the same gentleman from his office, for some offence, real or supposed, and never thought of consulting either the minister or the Kirk Session ; and they claim absolute contrcl m the matter of the singing of the congregation, just as they contro the Kirk officer in keeping the Church m complete order. It is a succession of such things that has introduced a state of feeling betwixt the Pastor and Trustees not at all agreeable. 1 he ereat maiority of the communicants and sitters accord with me in sentiment, and I have now, for the first time in my ministry here, the hope of rescue from a thraldom, to me far more revolting than that of the Coui-t of Session at Edinburgh. In all this I will be sustained by nine-tenths of my people, when- ever the Trustees shall be pleased to give them an opportunity of their being heard in the matter; and if my worthy friends, Messi-s. Young and Reid, members and adherents, will please to meet with us on any such occasion o,s this, they will perh^ps "T^lT^ha^vr^^h^^^rrvVilUs asked bis design in this expression, coupled as it was with the remark, " even at the risk of a desecration of Sabbath," gave a meaning t« his language totally different from >vhat no one before ever doubted was his meaning at the time, namely, that ho would take the plate from the Elders by physical force. 25 find what they have not found heretofore, " satisfactory !vine7of it^ghtmess heing exhibited by the members and adherents of the congregation. Referring to the matter of the removal and election of Precentor ^I have been charged .vith having said that the ^rtl "Loke their pledged me.^' .V'^a^ctsTo: a congregational meeting, and I say so still. ^^ntAvo occasions thcY did so. Once in Mr. McMurrich's store, .vhen Uv. Leask md Mr j'hn Shaw were present, and when they expressly promised t^^^^^^^ the Session before any election was made ; Td aS in my own house, when Mr. Gilbert and Mr. Joki Shaw ass W an interim appointment only would be Si These gntlemen knew full well my clear and decided rposition to their views as to the election and removal of the Sntor, and it never occurred to me that they had come down with any other intention than to satisfy, me that they wouhi not trench on the understood popular righ Wond an nter m appointment. Had they so much as mooted the idea of an appointment which would traverse the congregation s claim they were quite aware that I never would have consented ?o it The Trustees, nevertheless, did so; and hence a great heart-burning has been occasioned. •. -v ,.i^n I can hardly explain the unfortunate collision by the plea of n^i'nderstLdi'ng. We knew full well eaeh oU^^^^^^^^^ ments • and it never occurred to me that we could mi.unrter- 7^,d Uch other. In regard to the one instance, I can conceive itly that an appeal'to each memhcr of Session separately might be considered by the Trustees as amountmg to a con Sation with the Session as a body, and this may be then identLl. in regard to the other case, it_ is not unlikely that Mesrs Gilbert "and Shaw had in their eye an absolute anSment by the Trustees dui'ing pleasure, subject to the apCa^^^^^ of the congregation; while my mind was 1 esUn- and naturally, on the right of the congregation to Tke Kointment. Ifth^ Tm sappreiiension, it was surely their duty to remove the cause of it ; but then they knew well that I would have pro- ved against an assumption of what did not belong to them. I have now disposed of the counts which the Presbytery have been pleased to include in their "deliverance, as It m 26 substantiated against me in the second and third articles of their enumeration ; and I doubt _ not a favourble verdict will be returned by an impartial public. To the fourth— the most serious of all— I must now, solemnly address myself. I have a right to demand it as my due, that if the serious charge of " dishonesty," as deliberately written out o,nd brought with them by the two elders to a meeting of Session, called with their approval and for a legal purpose, has not been instructed and proved, some reparation is due to me. What have the Presbytery found ? They " find that nothing had been adduced to prove Dr. Burns to be insincere or dishonest of purpose,'' and then they go on to account for the charge brought against me by a ref rence to my supposed "rash and precipitate" conclusions, and my "pertinacious abherence to them after sufficient evidence of their incorrectness has been brought forward." This is the old Lublin story over again, for there, the Synod found that " perjury" meant " rashness," and a little more. Messrs. McMurrich and Shaw are men of too much discernment to be satisfied with such a plea. They know the English language well enough to see that "rashness" and "the want of straightforwardness" can never be identified as one and the same thing. The most honest of men are often the most rash. Men with dishonest plans and intentions have the craftiness of the fox, and they proceed cautiously and calmly to carry out their intentions. Dishonesty is not exactly their purpose ; it is rather a means in order to gain a selfish end — for all dishonesty is essentially selfish. And if my two brethren of the Session, who, to adopt the language of Mr. Ure, seem to have brought " a foreclosed conclusion" with them to the meeting, in the shape of a deli- berate indictment, are not at all likely to avail themselves of the explanation which the Presbytery has furnished, much less am I. To the charge of "rash and precipitate conclusions," from imperfect evidence, I solemnly and most distinctly, and in the unsophisticated sense of the terms, plead Not Guilty. "With a single exception, every conclusion I came to, in every case that has made a noise in our city, and in which I have acted a prominent part, has been substantiated by matter of fact, and I am ready to demonstrate this to any competent jury. I name especially, the Dawn case of Henson in autumn 1846 ; the Island of Juan Fernandez case in 1850 : the Mac- gregor case or cases in 1851-52 ; the case of the minister from Morpeth, in 1852 ; the Lublin case in the spring of 1853, I 27 ::r e— trJ pt^a. as to lei »o *<, ent..t.n ^nd to 2ive uttf ranee to serious doubts of the truth ot tne sUtemelts he gave of himself, and of the genuineness of a Sa'ntLrwfi^^ to ^e from .near relative I believe I hurt the feelings of the y?"°S,"^^^' "J'^aid ^ wrv for it But what was the issue? -^^ sooner max e^e an eVanatory letter from the parent of the young man-an esteemed old friend and the letter was the very re^'orse of obiurgatory— than I acknowledged my mistake, ;e "d the V^ m'an into my eonfidence, and evei- since -e have been on terms of the warmest ^^t/^f^rd " usm^^^^^^^^ no "rash conclusions;" I had merely enter amedsus^icio^^^^^ not altogether unreasonable; but I never " Pjr^^^f ^ j/^7, aftpv Pvfdence was brought to satisfy me. JSo. i tnanK nui mrbrethr^^^^^ modified theory of " dishonesty of pur- Ze '' S only am I not " dishonest of purpose ^ or from a Ce of dishonesty for its own sake; I am not dishonest at nil' and theTr theory falls miserably short of the real and fhon^tvuZsToA. two elders in the charge agamst me Th y gav^eTfaV own proofs at the bar ; and their proofs, such the/were, I think I have succeeded in sweeping away. A rnso of supposed pertinacity on my part, has been referred to tot n ?he dSrance of the'Presby tery, but in the speech of Protaor You^^^^ ; and to the particulars of that case I must an h attention of'the reader. The q-^tion was pu to m --Would you take a man's disavowal of certain opinions as ZmZTJ \n reply was in the affirmative. Obviously I had ftte'to Sn:?/cases ; not to such - instan-^^^^^^^^^^ which the principle was immediately W^^d. Mr. ryper was brought fonvard to disavow Erastianism on the property qua- Son for votes, irrespectwe P^^^T^VafS^ i\\i\ disavow it and hence the inference that i ougnt to u« Sstd a'd ^vithdra. ^, opposition to Ms —-on ^a around Now I have to remark, m the first place, tnat mi . Pvner had in his own store in March, 1854, and a month after ■^^Z ^o^^on house of our Church, and at a meeting of ^abthlXolttXrladvoca^dth^^ that it never could enter my mind that he did not leaiiy no 28 ^■ liil it ; and looking on him as holding it with great tenacity, I would insult a man by saying that he can lay aside his prin- ciples with the same facility as he can lay aside one piece of raiment and assume another. What better proof can a man give of his holding certain opinions than his avowing them and defending them ? If Mr. Pyper really disavows the property qualification now, I am glad of it ; but he did nothing of the kind at the Sessional and Congregational meetings, when (as correctly reported in the Globe of October 25th), he wondered what we had to do with his views on such matters. But, in the second place, Professor Young knows full well that many in Knox's congregation concur with me in the impression — an impression which no Synodical finding can efiace from our minds — that Mr. Pyper did use the language ascribed to him by Mr. R. D. Macpherson ; and hence we are not without our fears that the same person who so stoutly persists in his aver- ments to the contrary, may, without much difiiculty, clear him- self of certain opinions by a verbal denial. In the last place, my late elders, Messrs. McMurrich and Shaw will not deny the liistorical fact, that my repeated condemnation of the paper called " the Constitution of Knox's Church," has been one of the sorest points of variance between them and me, and they will, perhaps, not be surprised if I declare it to have been all along my impression that the fact of Messrs. Pyper and Camp- bell being more in harmony with them on this matter than with me, was one of the reasons why they desired their accession to the Eldership. Of course, no one will infer from anything that has been said, that even the most perfect satisfaction as to their soundness on this point, would, ipso facto, remove all the objections to their ordination. As I have been again led to speak of the "Constitution," I may, in a few v/ords, reply to Mr. John Shaw 's question as to the " honesty" with which I can at one time say of the docu- ment, that it is a "legal,' one, and at another that i': is "no Constitution at all." The document I believe to be "'legal," in the sense of its having been draAvn up in 1822, and applied by the Trustees of Mr. Harris's Churcli as then existing ; and yet it is " no Constitution" for Knox's Church as now existing ; and for this reason, as for others, namely, that in not fewer than three clauses it recognizes the " selling" of scats in the building, and is therefore not adapted to such an erection as Knox's Church, in which there is not one particle of private 29 property ; our sittings having been by deliberate deed of the congregation, reserved entirely for thezr disposal. Whatever may have been the wish of any party in the late investigation as to throiving discredit on the cha- racter and ministrations of the pastor, it never was my wish to say anything as to the efficiency of niy elders Had the expiscation of this been in the eye either of the Pro- testers or myself, we wonld have adopted a very different mode of doing it. I am not aware of the Presbytery having put a single question to me as to the efficiency of my eldership Had they asked my views on that matter, they wouxd have had them. It was with the minister only they felt themselves as havin^r to do, and mutualrecriminationwas far from my mind. It cosTt me four years' " dealing" to secure their acceptance of office: and now, after a service of about the same extent, they have unceremoniously left me. What the Synod may do with them and with me remains to be seen. In the mcaiitime, there seems to be much practical wisdom m the following clause in the specimen of our "Book of Disciplme, jus published in the supplement to the Record for January, I806 . "Ruling elders retain their office for life, except when their demissimi is accepted, or they are deposed. If they demit their office, the congi-egation should be very cautious m callmg them again to exercise it." Mr Gorrie having felt it his duty to come forward as my accuser on this occasion, I shall notice his charges m their 1 Mr Gorrie is in m. error when he states that at the lay- ing 'of tiie foundation-stone of Knox's Church in Autumn, 1847 ministers of different denominations had been invited to attend Whether it ought not to have been so, maybe matter of question ; but the matter of fact was, as I now state it, that ministers and members of our o^vn Church only were invited to be present. In my address on that occasion, I » b'o<"1 >f Ij °: "J™mest advocate ; and Nvhon in J"™7 ''V;"^^ °^'^„^^ ^•■'"^' x«;'ti;SnrcLf s rer '^^X ?r S;»inSn:r; it is not absent ftomn,.. Men n,ay mistake in tj.ei,- --nin^ce^- .<; ^S' Xl'^V^T^'^ o( Xcreho^iUfinruLdloue^entof.^^^ W^re in the complete disruption and dispersion of what 1 ^^and ^{: ^VrM^iaVwr^CTihhtTdl Does he not know ^'^ J/^]^:; J tmselves to t arrayed A M Soc. Mel. Jews'' has an existence now on y m the .,t Jn & >.o -main hav^^^^^^ ^^^^^r^:. r^ «t ^"a Tdal Imth eit LtsTas given me. With SS'-of fa*y Inanufacture I Y\^T anli^reat/i tin. was a little bit of Toronto "".-"""^'^^f J^'me Z eases ;'b,it left not .""^.^'lie been pi a ed to s Je their think that my people ^^ °'^^'' ''" V*^™ ^.^ „f Gorrie, and minister thus honored, and that the names o^ u ^ McMurrich, and Shaw, and Pypcr, of Knox s ^™' . W graced the collection of autographs «1'"=^M.. Omi.ston in namrof the subscribers, consigned to my keeping. I was it ■■H mm» It n 82 mistaken ; uiiJ these gcutlemcn arc now amazed that I should call in qiiCMtioi. the reality of their friendship ! To my own mind, one most distressingly painful view of this whole case has been its tendency to bring into disrepute, and to render loathsome to our people, the valuable palladmra of our church, and the real glory of Presbyterianism— the power of internal regulation and of strict superintendence. The prinotple of both has been from the first incorporated .with ottr reformed system ; but, in applying that principle, considerable latitude 'has been wisely permitted. One thm^ has in every instance been attended to, namely, the wide and obvious distinction betwixt a Presbyterial Visitation und a formal trial. The only thing common to both seems to have been the examination in both instances of all parties on oath, a matter wliich, in the case of Toronto, was neglected, and hence the levity and rashness of many averments on both sides. The proposal whicli I submitted and pressed on the Presbytery, of meeting the congregation by itself, and having six or seven delegates or commissioners nominated to represent them in the enquiry, was negatived. Unceremoniously, min- ister, elder, and people, were'^all dragged to the bar as crimi- nals or as accusers ; and at once the tocsin of discord and liatred sounded. It has been strangely forgotten, that the primary design of a visitation is to prevent the formalities of atrial by tenderly applying emollients and sedatives. In my case all propriety and decency have been outraged. Evils have been found, but no remedy applied. Matters which demanded instant adjustment are hung up indefinitely ; and that which all good Presbyterians liave ever esteemed as the conservative and "redeeming trait" of their system, has been dangerously empcrilled. i^PPENDIX. No. I. MEMORIAL BY DR. BURNS REGARDING MR. PITER. As this Paper forms the basis of all matters affecting Mr. Pypcr, and his election to the Eldership, it is with propriety inserted first in the Appendix. It was originally addressed to the Sabbath-school Teachers; but circumstances led after- wards to its production before the Church Courts :— In the course of Wednesday the 27th day of March last I met at an interval of, perhaps, an hour, two members of Knox's Congregation, JMr J&mes Stitt and Mr. Robt. Simpson, who, in reference to the anticipated Conirrejrational meeting of that evening mentioned an incident wtiich had been brought under their notice by a member of the Congregation, whose name they did not state; and I understood them as referring to it in illustration of certain feelings that had been shewing themselves m certain quarters, and of which they thought it proper that the Pastor should be made aware. It was to the effect that the member referred to. had on the morning of the day before been in communication with a gentleman, whose name is on the roll of communicants, when reference was made to the presentation of a testimonial to Dr. Burns. I thought,^^ said the gentleman, "that the testimonial had been presented long ago. No " said the other, " it is intended to be presenteu this evening. it is well that it should be so," replied the other, " as Dr. Burns will be sure of getting his walking ticket to-raorrownight," ov words to that eliect. Whatever may have been my feelings on the occasion, I did not ask the name of the person who made such a speech, but simply remarked on the extreme folly of the thing, seeing my call was for life, and could only be cancelled by the authority which conferred it. On Wednesday evening the meeting was held, and Mr. Geo. Pyper was proposed as Chairman. Mr R. D. Mcpherson objected to the nomination, and gave as his reason a very improper speech which Mr. Pyper had made not many hours before, but Mr. M. was not allowed to tell what it was. It never could have occurred to me that the speech referred to was the same that had been reported to myself ; and I made no inquiry about it. All that night, however, and next day, the thing preyed upon my mmd, and I went to Mr. McPherson, and asked him if this was the speech to which Messrs. Simpson and Stitt had referred. He told me at once that it was, detailing to me the facts as they occurred. I asked him to go with me to Mr. #yper, which he readily did ; and Mr. Stitt also being Fesent, the matter was laid before him (Mr. P). He was greatly excited by apparent irritation, and gave it a broad denial, stating at the same tune, that the single reference he made to the medal was in connexion with an understood proposal that it should be presented on occasion ot the breakfast to Dr. Duff, and which he (Mr. P.) was determmed to oppose. 3 34 Mr Mcl'licrson went over tho particulars in llio hcniinR of Mr. P. ; ,ind I'put the question seymrately to l.otli, " nro you rendy to (^o bcj.rc maaistrato and m.ke oath to the statomcnt." and to tins Mr Mc- Pher«on readily replied, that " ho had no objection mI.ii ever. Mr 1 . demurred on general ground. ; hut referred mo to Mr. Alex. McC lashan ; ho had heard tho comcreation. I left Mr. P. and went mmud.atcly to McOUiBhan, whom I found nt Mr. Harrison h Bhoe-shop, >on{;o St On stating the enso to him, Mr, McG. eaid, that "ho is certain that the suhicct of presenting tho medal at tho hrcakfant to Dr. J)utl was never mentioned,^' and, that ho heard Mr Pyper utter the vvonls or to tm effect, " I am glad the I)|. is to get tho testimonial to-night, lor -and at this moment he was called away hy Mr. Michie, and did nut hear the conclusion of the sentence; hut, with this exception, he is sure he heard all that passed between Mr. P. and Mr. M. I have no doubt in my own m:nd, that the speech was made, as reported by Mr. McPhorson ; and tho spirit it indicates towards me, is such, as renders it impossible for mo to recogni/.c the person >y'<> ""^do it as a suitable associate with tho rnntor m the work ol Sahbatli bchool Teaching. Painful as it is, thorctoro, I nm compelled, fioni regard to my own character, to call on Mr. Pyper to resign las connexion with the Sabbath School of Knox's Congregation. (Signed) Rouert Burns. 7th August, 1854. The above is a true copy of the paper read by me at the meeting of the Sabbath School Teachers of Knox's Church, on the 2/ th day of April last, and put into the hands of Mr. Thompson the Secretary. (Signed) Houert Burns. No. II. GROUNDS or OBJECTION BY DR. BURNS AFTER SERVING TIIJ; EDICT. 1 I object to the ordination of Mr. Pvper as an Elder of Knox's Church, because he appears to bo a man of a proud and conceited ni.nd and not likely to add much moral weight to the Session in the eye of the *'°2."Be°ciu8e the speech which, on a late occasion, was read by him before the Presbytery, and in Juno thereatter at the Synod in his name, indicated a spirit of bitterness and malignity altogether unchristian. 3. Because he has on more than one occasion declared hif; adherence to the principle on which the Constitution of St. Andrew s Church, To- ronto, and Gabriel Street, Montreal, is based, name)y, a property quali- fication, rather than membership, as entithng to privileges in elections. I object to both Mr. Pyper and Mr. Ca.mpbeU— „ ,„ , . 1. Because the one was returned by the suffrages of 59, being one- seventh part of the communicants, and tho other by 79, being less than '°°2 Because both of them absenlea themselves from the holy ordinance of tho Supper in Knox's Church, on the first Sabbath in September last. RouERi' Burns, Pewkolder, Communicant, and Pastor. V 35 No. III. Grounds of objection (after tho Edict) subscribed by 13H Bcatholdcrs, of whom lOG arc communicants :— TO TUB MODEUATOn AND MEMV)1-TR8 OK TUB SKBSTON OP KNOX'S CHUHCII, We tho undersitmed members and adherents of Knox's Congregation, having been made aware by the Edict, that you are abou to ordain to tho Bacrcd office of the Eldership two gentlemen, Messrs. G. A. Fypcr and J. M. Campbell, who, we are grieved to stote, are unaccop able to a great number of the Congreptipn ; and we have reason « ^°l'«/« t' .^ their ordination will create division, and cause many valuable and usolul members of the Congregation to leave the Church. We would therefore earnestly solicit you, as you value the peace and prosperity of the Congregation and the Church at large, not to proceed with their ordination, as it would not tend to the spiritual prosperity oi ^^ m'do nKerlook tho fact that they were nominally elected, but since the election oi.rtumstanccs have considerably altered, owing to what has Bubaequeatly taken place, causing many of us who voted tor them to alter our opinion, and now consider it our sacred duty to join in this request for you not to proceed with their ordinatjon. In conclusion, we would earnestly urge upon yo^^.^o take the matter into your prayerful consideration, and we truHt tho Great Head ot the Church wi\l so direct and guide vou in vour dec.sion, «^ that it will tend to promcte His own glorv and the good of all connected with tho Con- gregation and tho Church at large. Seven other Protests were given in, signed by upwards of 40 members and adherents, nearly to the same purpose. No. IV. MINUTE OF PRESBYTERY ON RECEIVING NOTICE BY DR. ^^^^ BURNS OF THE RESIGNATION OF ELDERS. At Toronto, 31st October, 1855, the Presbytery of Toronto met, Ac, inter alia, Dr. Burns made a statement to the ettect tha , m consequence of certain proceedings in the matter of ^«««i^^°g "^Jl*^^^??; *,° /^d J M elders-elect in his congregation, vie., Messrs. G. A. PyperandJ.M. Campbell both o^ Messrs. J. McMurri^ and James Shaw had^given in their resignation, and thereafter left the place of meeting, and he had now no Session. He therefore requested ttie Presbytery to appcJnt Assessors to form, with him, a Session, until elders be ordamed, or to appoint a Presbyterial Visitation of his Congregation. T^were produced and read, an unfinished scroll minute of Session on the case, also a paper containing reasons of Messrs. McMurnch and ^^DTBurnranHir. McMurrich were heard on this case. On the call of the Presbytery, Dr. Burns laid upon the table the foresaid papers, which were ordered to be*kept in reterUis. , , „ ^ j i WheTeupon, after deliberation, it was moved by Mr Gray,, seconded bv Mr. McLachlan, and unanimously agreed to as follows, viz. :— Ihe Presbytery having taken the matter Into consideration, and having found that an unhappy state of feeling exists between the office-bearers of 1 1? r ir 36 Knox's Congregetion, resolve to appoint a Presbyterial Visitation, for the purpose of fully investigating the matters referred to in the docu- ments submitted to the Court; and do therefore appomt a meeting of Presbvtery for that purpose to be held m Knox's Church, Toronto, on the first Wednesday of December, at six o'clock, r m ; due notice of such meeting being given for two Sabbaths from the pulpit of Knox's Church. The Moderator to preach at the opemng of the meeting. The Presby- tery to meet at eleven o'clock, a.m., the same day for general busmess. • i Extracted from the minutes of Toronto Presbytery, by Thos. Wigutman, r.C. No. V. MINUTE OF PRESBYTERY FOR VISITATION OF KNOX'S CRURCH, DEC. 5th, 1855. -PRELIMINARY MATTERS. "At Toronto, within Knox's Cnurch, 5th December, 1855, six o'clock r M The Presbytery of Toronto again met according to adjournment, to proceed vyith Visitation of Knox's Congregation. The Moderator, after devotional exercises, preached on Rev. 21, 5, and thereafter constituted the meeting. Sederunt— Mr. McTavish, Moderator ; Drs. Burns and Willis : Messrs. Luwry, Reid, Young, Ure, Gray, Laing, Meldrum Nis- bet Alexander, Holmes, and Wightman, ministers ; and Mr. Wallace, elder A large congregation was present during this sederunt. " The minutes of former meeting on the Slst October, referring to Presbyterial Visitation of Knox's Congregation having been read. Dr. Burns stated that he had given the requisite intimations of this meeting on the last two Sabbaths. TLe Moderator read extracts from Par do van, bearing on the mode of proceeding in conducting Presbyterial Visitations. "It was in accordance with the rules in Pardovan decided that Dr. Burns and also Messrs. McMurrich and Shaw, and also the Congrega- tion be regarded as parties in this case, i.e., that the rules applicable to ordinary Presbyterial Visitations, apply to this, though an emergent one The following motion was made by Dr. Burns, but as it was not seconded, it was not voted on—' That as this meeting has been called in connexion with the special case of a congregation without a Session, the rules mrde for Presbyterial Visitations in 1706 do not apply, and ought not to be acted on.' The Presbytery adhered to their resolution as stated above Whereupon Dr. Burns begged to enter his protest against the finding of Presbytery, ^nd craved liberty to complain to the ensuing meeting of Synod at London in Juno next, promising to give in his rea- sons to the Clerk in due time, and craved extracts. The Presbytery ruled that Dr. Burns' protest was groundless, and agreed to proceed with the Visitation." „ . ^ r m ^ t, ^ The above were extracted from the scroll minutes ot loronto 1 resby- tery, on the 2l8t day of December, 1855, by Tnos. Wightmax, RC. No. VI. DELIVERANCE OF THE PRESBYTERY, DEC. 12Tn, 1855. " From the evidence adduced it appears that dissensions and heart- burnings exiit in the congregation, and that on the part of a considerable number of Church Members there is dissatisfaction with the Pastor; and 37 that these evils have assumed such a magnitude as to be a public offence, to hinder edification, and to affect seriously the mterests of religion. " The attention of the Presbytery has been directed to a number of causes, from which this unhappy state of thmgs has been alleged to spring, v^^hich are principally the following :— "Dr Burns' neglect of his congregation by engaging in Missionary labour "to an uncalled for extent, and so as te occasion iJi«o^7^'iie°ce to his people ; the vexatious opposition offered by Dr. Burns to the ordina- Uon of Messrs. Pyper and Campbell to the office of the eldership ; the im- proper conduct 0? Dr. Burns in'tampering with witnesses in the course of tL investigation prosecuted before the Session of Knox s Church n ?he said casefindications on the part of Dr. Burns of a want of smceaty and honestv of purpose ; the defects of Dr. Burns' public ministrations ; ?he neglectVy tL fate elders Messrs. McMurrich and Shaw of the duties incumbent on them as elders ; the haughtiness of mannei; exhibited by the Trustees towards members and adherents of the congregation ; and the objectionable character of the constitution under which the Trustees hold office. _ , 11 1 " 1 With regard to the first of these causes, viz :— Dr. Burns alleged neglect of his congregation in Missionary labour to an uncalled for exsent, the Presbytery not only exempt Dr. Burns from blame m this matter, but would express their approbation of his missionary zeal and the abun- dance of his labours in the spiritually destitute parts of the province; and in as tar as there may ha^e been any irregularity m the fanner in which Dr. Burns has on several occasions absented himself irom his pulpit, the Presbytery would merely notice that his conduct on these occasions has been already adjudicated on by his ecclesiastical superiors. «' '> With regard to the second of the above mentioned causes,— the alleged vexatious opposition offered by Dr. Burns to the ordination of Messrs Pvper and Campbell to the office of the eldership, the Presbytery are of opinfon that the opposition offered by Dr. Burns to the ordination of these gentlemen has been in some points vexatious, viz :-by Dr. Burns as aioderator of the Kirk Session of Knox's Church affording an opportunity to the members and adherents of the Congregation to give in objections against Messrs. Pyper and Campbell before the Session on more than one occasion contrary to the law of the Church ; and by him- self giving in, after the serving of the Edict, objections which partly had been adjudicated on by the Synod, and partly were such as to impress the Presbytery with the conviction that they would not have been urged had not objections already disposed of been still allowed to influence Dr. Burns' actions; and, moreover, by representing to a meeting of the Con- crregation of Knox's Church, held after last Synod that the decision m the case of Messrs. Pyper and Campbell, had not ^een a decision on the merits of the case ; which opposition must have been felt to be the more gnevcus, ina^r^iuch as Dr. Burns had previously endeavoured to persuade the Sabbath school teachers to remove Mr. Pyper from the office of superintendent, while the charge made against him had not been proved, and had used his influence to get the Sabbath school teachers to investigate these charges, a duty which can only be properly performed by the Kirk Session. "3. With regard in the third place, to the charge of tampering with witnesses, in the investigation prosecuted before the Session m the case of Messrs. Pyper and Campbefl, the Prosbylery find that though Dr. Burns may have used unguarded language, particularly to one witness, 1^ ! ! I! ^t 98 there is nothing to warrant the conclusion that he attempted or desired to elicit from the witness testimony inconsistent with truth. "4. In the fourth place, with regard to the charge brought against Dr. Burns of a want of sincerity and honesty of purpose, the Presbytery find that nothing has been adduced to prove Dr. Burns to bo insincere or dishonest of purnose, and the Presbytery have confidence in Dr. Burns in these respects^ At the same time they are of opinion that Dr. Burns is in the habit of speaking in a rash and precipitate manner, making assertions, for the truth of which he does not possess sufficient evidence, and adhering pertinaciously to these, after sufficient evidence of their incorrectness has been brought forward, and to this the Presbytery would attribute the impressions of the want of straightforwardness which seem to have been produced in the minds of various parties who have given evidence before the Court. " 5. With regard to Dr. Burns' Pulpit Ministrations, the Presbytery find that the evidence be re them is of a conflicting nature, and such as to affijrd the Court no adequate grounds for pronouncing a definite judg- ment on the subject. But they would direct Dr. Burns' own attention to the question whether he has made it a study not merely to expound the truth but to apply it to the heart and conscience of his audience severally. " 6. In the next place the Presbytery with special reference to the extent of the Congregation, and the small number of the Elders, find that there are no grounds for charging Messrs. McMurrich and Shaw with neglect of the duties incumbent on them as Elders. Neither is there any satisfactory evidence of haughtiness being exhibited by the Trustees towards members and adherents of the Congregation. "7. Lastly, with regard to the Constitution of Knox's Church the Presbytery are of opinion that the said Constitution is in some respects decidedly objectionable. At the same time, they find that the evils existing in the Congregation are only in a slight degree traceable to this source. " In thus giving judgment on the various particulars of this unhappy case, the Presbytery are of opinion that a sufficient remedy can be applied only by the wisdom and authority of the Supreme Court of the Church ; and would therefore refer the case in this respect, to the Synod, asking the Synod to adopt such measures, as in the premises, it may seem fit. " And they do the rather take this course in preference to the giving of a decided judgment of their own, in the hope that the interval of time still to elapse before the meeting of Synod, may not be without use in bringing about a more temperate state of feeling, and in affijrding oppor- tunity for the cultivation of healing measures between parties mutually dissatisfied. " With this view the Presbytery affectionately call the attention of all parties to the recommendation so lately given to this effect by the Synod Itself, being convinced by all that has been elicited that at least to some extent, the offences have originated in misunderstandings, and have been aggravated by passion. And the Presbytery do counsel to such candid forbearance mutually as may dimish instead of increasing the evils which all have to lament in this case, whether as respects the internal fellowship of Knox's Congregation or the credit of the general cause before the world at large. " In the meantime, having respect to the disorganised state of the v\ y i 89 Seasion, and the necessity of aome provision for carrying on the usual Congref^ational business, they nominate as Assessors with Dr. Burns the Rev? Messrs. Harris and Nisbet, Mr. Clarke, Sen. Scarboro', Mt. D. Elder, Bramption, and Messrs. Rogers and Macaulay, Toronto: the Presbytery hereby directing that the Session shall not adjudicate, in hoc statu, on any of the questions affecting the state of the Eldership." A No. VII. The very intelligent editor of the Examiner, lately discon- tinued, although differing from me in sentiment on many points both of doctrine and church government, has been a hearer in Knox's Church for a considerable period, and I requested his attendance as a witness to my character and that of my ministry. He did not feel himself at liberty to interfere in any way with our internal affairs; but he addressed to me, pending the investigation, the following letter : TESTIMONY OF J. LESSLIE, ESQ. My Dear Sir,— Although not a member of your church, yet as a christian and friend I cannot allow the present occasion to pass without expressing my sincere sympathy with you in the trying and paintul circumstances in which you are placed. 1 was present for the first time since the Presbytery met at the public meeting on last Friday evening, and the scene which I then witnessed was so foreign to all the concep- tions I had ever formed, as to the relations and duties of pastor and peo- ple that I left with feelings of deep sorrow and indignation.— Sorrow at the' spirit which seemed to animate your opposers— and indignation that so little respect v/as shown to the grey hairs of an aged servant of God. The one feature in the proceedings which especially excited my amaze- ment was that you, as Pastor of the church, should be required to account for alleged offences, or to explain satisfactorily numerous inci- dents which had occurred six or eight years ago, and which, however easily explained at the time, you might now find it diflicult it not morally iir possible to explain. True christian charity will not allow sm to remain upon a brother's head, but will seek to remove the evil and to restore to confidence and love without delay. That charity is spurious which covers offences at the time only to revive them in after years. In a case such as yours, my dear sir, your past christian character, your laborious services as a christian teacher, author, and missionary ; and your venerable age, should have shielded you from such an assault. Differences will of course arise in congregations as to the value of a Pastor's labours, but the law of majorities should, it appears to mo, settle them without difficulty. The presentation of facts indicating the absence of progress, or the want of ministerial success, in order to induce a Pastor to retire, or to secure a vote of the congregation for his removal, is quite lawful and justiEable ; but to attempt as in your case, to accom- plish your removal or retirement by the destruction, seemingly, of moral character- the ruin of an honourable and well-earned reputation ot a lonf life, is unchristian, if not criminal in the extreme, ^ Having been associated with you for many years in the various public 40 ^ 't 1 f 11! %l - '1 1 k and benevolent enterprises of the city, I believe that I express a convic- tion all but universal among those who bad the pleasure and honour of. your acquaintance, that there is not among all the ministers of the city one more faithful, active, zealous, and laborious than yourself — none more ready to engage in every good work, to sympathize with suflfering, and to alleviate distress. There was nothing that surprized me more at the meeting, than to find that yonr very ardour to extend, as a missionary, a christian influence beyond the ordinary sphere of your labours as the Pastor of a congrega- tion, should have been brought as a charge against you, and nothing appeared to me more unreasonable than to seek your removal while declaring that your very absence on mi ionary duty lessened the atten- dance of hearers although the congregUiioa was left under the charge of worthy and talented mmiaterial substitutes. The more common com- plaint against Pastors is, that they limit their labours to the narrow circle of their own flock, or perhaps to the still narrower sphere of pulpit s>.'rvices. The spiritual welfare of a congregation may be greatly sub- served, in my opinion, by the cultivation of a missionary spirit on tho part of its Pastor. Besides, it is surely better to recruit the energies of a Pastor by travelling occasionally as a missionary at home, tlian as an invalid abroad.. I beli'jve that much of the physical and mental energy you possess at your advanced age, may be traced to your cease- less activity — your unwea ed labour in doing good. The law of Christ, I fear, has either been overlooked or disregarded by your opponents in this case. " Rebuke not an Elder, (or Pastor), but entreat hira as a Father," is a plain command ; and perhaps, had it been practically recognized, would have prevented the difficulties which now unhappily exist. While I deeply sympathize with you and Mrs. Burns under this severe trial, I pray that you may realize under it the comfort which springs from the light of Jehovah's countenance; tha;you may come out of it as gold tried in tho fire ; — that '* your righteousness may come forth as the light, and your judgment as the noon day " — and that your present sorrow may, ere long, be turued into joy. Afflictions are often instruments for good : — may you realize thorn in this case to be the means of great spirtual prosperity. I am, my dear sir, yours faithfully, Dr. Burns. J. Lesslie. Toronto, Dec. 10th, 1855. P. S. — You are at liberty to use this communication publicly should you deem it of any service. I have reason to think that the sentiments expressed in the letter of Mr. Lesslie are sympathized in by nine-tenths of my congregation, and by not a few of the citizens at large. One proof of this last impression I give in the words of a highly respected member of the English Church, who has kindly sent me the following note : — My Dear Sir, — I assure you it is with much pleasure that I have read in the Colonist of this morning, the letter addressed to you by Mr. Lesslie ; which expi-c'ses s perfectly all that I could say, thaf I would beg you to receive it as an expression of my own sentiments as well as his. Although I may have occasionally difiered in the management of V .v-;V 41 r X i\ it diffcrQnt charities in which we have engaged together, T have always felt that they were highly indebted to you for the indefatigable attention that they uniformly received from you. If the sympathy of friends at the present season is agreeable to you, bo assured that it is most heartily accorded by, yours very sincerely, John Arnold. Peter Street, 19th Dec, 1855. "VVitli these expressions of sentiment from gentleraen of very- different denominations, may be coupled the following extract from a letter of an esteemed friend belonging to another body, and who had occasion, on December 17th, to "write me on a different topic : — " I avail myself of the occasion of this note, to tender you an expres- sion of my continued esteem and regard, and truly do I sympathise with you in the trying and painful circumstances in which you have of late been placed ; and if matters should yet become so unpleasant as to com- pel you to separate from your congregation in Toronto, rest assured you barry with you the good wishes of our Church and congregations gone- rally, and the afi'ectionate regard of every minister we have had stationed in this city. " I exceedingly regret to see that out of the matters of misunderstand- in <', a charge is alleged against you, intended to affect your moral and refi'gious character, under the ambiguous terms of " want of sincerity and honesty of purpose." A man may easily imagine differences of opinion arising between a Pastor and his official brethren, and extending to members of his Congregation ; but after an appeal to the numerical strength of a Church fails to settle the matters in dispute, and that oppo- nents will not be satisfied with discussion and explanation, I confess there is little hope (short of some extraordinary interference) other than secession in the body. It is painful, my dear Sir, to have to look on, and observe men bringing up charges in sober seriousness, expressing a want of sincerity and honesty, and then being obliged to roam over a period of nearly seven years* to prove the assertion. Few men m To- ronto who know you by name— much less those who have had intercourse with you— will believe such a char£,e as this. I have had the pleasure of your personal acquaintance over since you came to Canada, and on many occasions, in the Committee-room, on the Platform, and in the halls of the Poor-house, alike advocating the extension of the cause of missions, of temperance, and of freedom, if not furthering everything partaking of a benevolent character and adoptedin this city ; and I believe it is the universiil opinion of those who have associated with you, and have had the bunour and the pleasure of your acquaintance, that there is not in any of the Churches a more faithful and laborious Pastor than yourself, and none more ready to engage in every good word and work. Wishing you every spiritual and temporal happiness, and that you may be sustained in this emergency, believe me, dear Sir, yours very respect- fully, R.H. Brett, Financial Secretary to the Missions of the Methodist Connexion in Canada. * Jly friend should have said "nearly eleven ". 42 % No. VIII. Mr. Donald Eraser, the witness with whom Mr. McMurrich and ot'^-r- said th?.i I tampered, has requested me to insert the su :pi-: .1 ' of a letter which he has sent to the* Presbytery Clerk, G ce 21st December, and which is as follows : — "On reviewing my evidence given before the Preabyterial Visitation Court held lately, m reply to a question if I had any other converaation in private interview with Dr. Burns in Session-room, about Messrs. 1 yper and Campbell, I answered Xo. I now remember that I advised i)r. Burns to open Siibbath-school, and superintend it himself, as I felt disgusted with the conduct of Mr. Pyper in not prayinc publicly for his mimater in the Sabbath-school. f j t, t- j " I cannot remember anything about Dr. Burns saying to me, " Ah, that IS too favorable, &c.," or words to that effect ; and I am certain he did not use them ; so that the averments of Messrs. McMurrich, Ac, must be all fiction." * # * .. j^^^^^j^ Frasib." No. IX. Reasons of Protest and Complaint to the Synod of the Presbyterian Church of Canada, against a sentence of that Court, by which the Regulations of 1706, regarding Presbyterial Visitations, were applied to a case which they were never intended to cover. First, B v^ause these Regulations, although adopted as an Overture, never received the sanction of the Church of Scotland as laws of the Church. Second, Because this Presbytery has only of late resolved to enter on the work of Presbyterial Visitation, the rules for it having received its sanction at last meeting ; and it does not seem meet to select as the first case, that of a minister and congregation so recently deprived of the benefits of an eldership. Third, Because the constitutional law of Presbytery, requiring the case of a congregation without a Session, to be laid insianter before the Superior Court, m order to their supplying the want in the ordinary way, was promptly followed by me ; and it was ungenerous as well as illegal to take advantage of this circumstance, to engraft on my commu- nipation to the Presbytery, a resolution for a sweeping review of my ministry for ten years past. ^ Fourth, Because, by placing me in the anomalous position of a party in this case, a most grievous injury has been done me, by depriving me at the very outset of the case, of all my deliberati' and judicial rights. Fifth, Because the resolution to go on in the facu of my appeal, is at rariance with all law, and subversive of all constitutional rights. For these and for other reasons to be ur^ed at the bar of the Superior Court when it meets, I protest and complain to the first meeting of the Synod of the Church, to be held at London, in June, 1856, or wherever it may assemble. Robert Burks. Toronto, C.W., 6th December, 1855. ^ I 48 lurrich • insert ihjterj isitation eraation Messrs. ' advised as I felt y for his e, "Ah, irtain he ich, &c., ASIB." ibyterian rhich the e applied )verturo, s of the enter on seived its 1 the first id of the ring the efore the ordinary s well as commu- T of my t ' a party iving me 1 rights. eal, is at ts. Superior ig of the wherever Burns. No. X. Reasons of Protest and Appeal from a Sentence of the Presbytery of Toronto, in the case of Knox's Congregation, Toronto, 12th Doc, 1855. I protest and appeal to the Synod, 1. Because the sentence is not warranted by the evidence, and was pronounced without giving me a hearing. 2. Because no censure is pronounced on Messrs. McMurrich and bhaw fi)r charging me with " dishonesty," although the Presbytery pronounced the charge unsupported by proo^. i c • u 3. Because the Presbytery have given no directions to the Session how to act in the premises, but have hung up a matter in which so many feelings are interested, to an indefinite period. For these and other reasons to be urged at the bar, I hereby protest and appeal to the Synod, to meet at London, in June, 185G, and crave extracts. Robert Burns. We, whose names are appended, do concur with the above, as parties and appellants : — James Johnston Alexander Hamilton Thomas Dick. John Kerr. James Bain. Alexander Mason. William Clyne. Robert Stewart. R. D. Macpherson. The above twenty- exception of one, arc William Gordon. Donald Campbell. William Hannah. George Oal. Thomas Mackay. George Mowat. Daniel Macdonald. James Macdonald. William Mather. James Dick. David Carlyle. Samuel Fuilerton. James Grant. Donald Fraser. Norman Bain. Robert Wishart. •five persons are all in communion, and, with the all heads of families. — R. B. No. XI. THE CONSTITUTION OF THE PRESBYTERIAN CHURCH OF YORK, KNOWN BY THE NAME OF "KNOX'S CHURCH." First.— That every pew-holder shall pay to the respective workmen, the sum assessed on their pew by the Committee appointed for that pur- pose, within two weeks from this day, or the workmen will be at hberty to sell their pew or pews to others whom the Committee may approve ; and also two quarters' rent to the Collector, for the Minister, within two weeks from this date. Second.— That the present rent is what the pew-holders shall continue to pay quarterly, viz., Gs cy. for each pew of three seats, until it be other- wise altered by the consent of a majority of two-thirds of the pew-holders present at a general meeting. Third.— That there be appointed a Committee of five persons to super- intend the temporal affairs of this Congregation, and that a Collector shall be appointed, who shall be chosen out of the number. The duty of this Committee shall be : — ^i ^ -^ t. -j To agree with the minister as to his salary, and see that it be paid._ To appoint a Collector, in case of the death or absence of the one m office. 44 i '4 I ;' f i 11 I To see that good order is kept during the time of divine service. To appoint times of collections, receive, keep account of, and dispose of tlie samo. To keep the key of the Church, and sec that it bo opened at a suitable time, and that it be kept clean. Tho discharge of this duty will require their attention to whatever may concern the interest and welfare of this Congregation. They are required to appoint a Clerk, of their number, who shall keep an account, in a book, of the resolutions, agreed upon at the former, and the present meeting, and their own proceedings as a Committee, with that of future general meetings. Fourth. — That the Committee be chosen annually, and that tho mem- bers in office be re-eligible. Fifth. — That there shall be a general meeting held annually on tho 16th February ; excepting when it may happen on tho Sabbath-day, in which case the meeting shall be held on the Monday following, at which meeting the Collector and Committee in office shall report their proceed- ings for the year, and a new Committee and Collector chosen. Sixth. — That the Committee, or three of its members (which con- stitute a majority), may at any time call a general meeting by giving a week's notice from the pulpit or in the public papers, at the same time stating the object of such meeting, and that no such general meeting shall act on anything, only such as may have been stated at the time the notice was given. Seventh. — That when a Minister is chosen, or any matter occurs, which requires the public decision of this Congregation, each pew-holder shall vote according to the number of sittings he may occupy ; and that the question be determined by a majority of votes. Eighth. — That if any pew-holder or separate sitter neglect or refuse paying the quarterly rent for four quarters, he thereby forfeits his right to such holding, and the pow or sitting held by such, shall be at the dis- posal of the Committee. Ninth. — That should any pew-holder at any time wish to dispose of his pew, he is at liberty to do so, only to such person or'persons as the Committee may approve. Tenth. — That no pew-holder shall refuse to act when chosen as Col- lector, or member of tho Committee, on penalty of 253 cy. ; and if they, or he, shall refuse 'to pay the same, he forfeits his pew or holding, and the Committee are authorised to sell the same. Eleventh. — That all questions of a religious nature, respecting Church Government, discipline, &c., shall come under the cognisance of the Mi- nister and Elders of this Congregation, when, in the Providence of God, a Church shall be formed in this place ; and that the Minister and Elders be subject and accountable to a Presbytery for their conduct. That any Church question from the Church Session to the Presbytery and Synod agreeably to the rules in the Confession of Faith, the acknow- ledged standards of the Church of Scotland, and most other religious Churches. Twelfth. — That being Presbyterians in profession, and, we trust, in principle, this House, in which wo profess to worship the God of our forefathers, be known by the name of the " Presbyterian Church of York, Upper Canada." Thirteenth. — Proposed byMr. Ketchum, and passed — Thiit eight pew- holders may at any time call a general meeting, by giving notice as I 45 beforc-raeutioned in the sixth resolution, and the majority of pow-hclders, choose a new Committee when they may think necessary. No. XII. Tlio above " Constitution" was adopted, or bears date in the books of the Church, " 1822 ;" the Act of Parliament, which follows, was passed two yeavs after. CUAPTER XXXIV. * An Ad to enahle the Presbyterian congregation of York to purchase one or more parcels of ground, sufficient for the erection of a church and huryimj grcnind. [Passed January 19, lgJ4.] WiiETiEAs Jesse Ketchum, William Stevenson, Peter M'Phail, Harvey Shepard, and John Ross, on behalf of themselves and others, members of the Presbyterian congregation, resident of the town of York, have, by petition, requested a legislative authority to enable the petitioners, as trustees in this behalf, and the trustees hereafter to be chosen annually by the said congregation for the same purpose, to purchase one or more convenient parcel or parcels of ground in the said town and township of York, and to hold the same in perpetuity, for the erection of a place of worship, with other necessary buildings, and a burying ground ; be it therefore enacted by the Kingj most excellent ^Tajesty, by and with ihc advice and consent of the legislative council and assembly of the pro- vince of Upper Canada, constituted and assembled by virtue of and aiider the authority of an act passed in the parliament of Great Britain, enti- tled, " An act to repeal certain parts of an act passed in the fourteenth year of his Majesty's reign, entitled, ' An act for making more effectual provision for the government of the province of Quebec, in North Am- e'*ica, and make further provision for the government of the said pi'o- viuce,' " and by the authority of the same, That it shall and may be lawful fov the said Jesse Ketchum, William Stevenson, Peter M'Phail, Harvey Shepard, and John lloss, or any two or more of them, as such trustees, and their successors in office, annually to L^e chosen by the said congregation, in all times hereafter, according to their present mode of vote, by the pew holders, for the time being, to purchase, have, hold, receive, and take, a conveyance of any such convenient parcel or parcels of ground in the said town and township of York, not exceeding three acres in the whole, as they may be enabled to contract for, for the pur- poses aforesaid, and that it shall and may be lawful for the paid trus- tees, so purchasing such parcel or parcels of ground, and their succes- sors, as aforesaid, to have and to hold the same to and for the uses and purposes aforesaid, in perpetuity for ever. II. And in order to prevent the failure of such estate in succession, be it further enacted by the authority aforesaid. That the trustees for the time being, and their heirs, shall continue to be the trustees for the purposes of this act, till the new election of others, aa hereinbefore mentioned, notwithstanding the expiration of the year for which such trustees for the time being may have been chosen. r#t' 46 l!' No. XIII. I THE TREASURER'S NOTE. Six months ago, Mr. Leask, our Treasurer, furnished me, at his own suggestion, and to show me how prosperously things were getting on, the following note. How it comes that things are all wrong now, it is not for me to explain. " Scat rents received for the year ending March, 1854.... £383 4 2 J X)o, do. do. 1855.... 375 5 Deficiency for 1855 £7 18 SJ Deficiency accounted for by large amountof arrears £109 48. " No. of new sittings let for year ending March, 1855, 1G3 £23 2 1 Sittings given up, 90 13 13 lOJ Increase for 1855, 73 per quarter... £11 9 2J Now my remarks are these : — Suppose only £100 of outstanding rents has been got in we stand thus 1855... £475 5 6 Do. 1854... 373 4 2h Increase £92 1 3J Of the 1G3 " new sittings" taken during the year, the whole may be considered as so many representatives of actual occu- pants ; and I should think that 163 seats really taken and paid for may very fairly represent 200 old and young. It is otherwise with the 90 sittings " given up." These do not necessarily indicate 90 hearers lost to us ; for there are many cases occurring of families taking fewer scats one year than another, and yet remaining in the Church. c 5 > ii I No. XIV. SPECIMEN OF Mr. PYPER'S MODE OF DEFENCE AGAINST THE PROTESTERS. On October 23rd, 1855, when nine protests were given in to the Sf^ssion, subscribed by 178 members of the congregation, 135 being communicants, Mr. Pypcr, hy anticipation, having prepared a reply of considerable length, laid it on the table, and then took his leave. Mr. Campbell followed his example, but declining to table his de- fence. Mr. Pyper's defence was one of 22 papers given in to the Presbytery us bearing on the case, and for some reason which I never could comprehend, not allowed to be read. As a specimen of the style and sentiment of this gentleman, whom a gradation of Courts have ordered me to ordai» as an Elder, I scFect the introduction and the conclusion, the intermediate parts being harsh tirades against three of the protesters. *^» (1 mc, at y things t things 3 4 2J 5 5 7 18 8J 3 3 2 1 13 m 1 9 2J 5 3 5 6 4 2} 12 1 3J he whole lal occu- ken and 5. It is do not re many car than LGAINST in to the 135 being id a reply his leave, e his de- in to the ih I never an, whom Elder, I late parts ( *^» 47 "I rejoice that this protracted case is likely to bo finally settled tl>;« evening and, I trust, to the satisfaction of those who haje fr^m hofi IhllZi V^r.'- ^V''^' '^ '"°'^"^'^ ''' ^ «°°^ *=^"«^. ^oM redound to ho r credit but in ho present caso can onl;r add to their shame It is well known to the Elders of the Congregatfon and those me.nbers who have taken an mtorcst in the proceedinis in our Church C urts That every effort was made by. Dr. Burns to procure a decision in s^a.'iuJ and wipe away, if possible, the stains' attached to his character ami redoein us credit with his brethren in the Province, tarnisS bv the ropeated charges made against him by the Elders, T;ustees, and othe s of the Congregation of his general character and conduct-these cWes proved again and again even by the teachers of the Sunday sihool S sane mind would have imagined that the decisions of the Session I^is^- bytery, and Synod would have been a final settlement of all ditferenccs between the parties; but in place of being satisfied with the verS of his own friends he descends from the posftion of a minister of the Gos- pel, knowing that, unless the contest could be waged under anew 'uise ho must either carry out the finding of the Synod or ceaso h.lfn fin pastor of Knox's Church. Out of t?ie two evilsCs pre en ed the least would^appcar to be, the continuing the war and the%njoynlt 'ofliL •'With these preliminary remarks, it now becomes my solemn dutv to charge DrB. with concocting a conspiracy, the most dLgrrcful thnt S h^r^'V*'''. T"^' "^" congfegatJon of professinf ClSians Mth the sole object of preventing two men from entering his session' tul'^Z^V'^^-'"' "-^ i«^«.P?«dent course of action, °and tin. s run counter to the domineenng spirit which has distinguished Cb e'er since he came to the Province." , "In conclusion, after havingreviewed the whole case, I am satisfied that n no instance have the interests of those who voted for me a an office Sncled ' ho '''"'X^' been placed in jeopardy, but have at all tb es defended them, often with much pain to myself and considerable cncroachmenton business hours. That my resignation is noTnow the result of clamour must be evident to all who have watched the proceed ings from the first; but finding that a number of those who first votod for my election have signed tho document now on the table, I am enabled for the first time to resign into their hands the trust commiUod to my charge. From henceforth I leave Dr. B.. the Session, and CongregatSn to manage their business as they see fit." ^""{^icgauon The paper from which the above quotations are made is not the same with that referred to in my "reasons of protest" after the edict. Jioth of these papers, togetner with two of Mr. Campbell's, abound in most reckless assertions, and on the lowest estimate ought to be self-condemnatory of their authors. If the Presbytery intended a tuU investigation of the case, all these papers should have been produced, and then the question of my " vexatious opposition" would nave appeared in its proper light. f '' ERRATUM. Oa page 5, line 4, for " Held from the Fifth to the Twenty-Fifth of December, 1855," read " Hold from the Fifth to the Twelfth of Decem- ber, 1855." /