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In the spring and summer of 1879 there were rumours widely spread and generally credited charging Mr. Sutherland with irregularity in the election and ordination of elders, in nominating them himself, not submitting the list of nominees for election, and requiring in their ordination a vow of steadfastness to himself in all cases, and other such infringements upon the rights of the Church and the cause of Truth, and these rumours had strong presump- tion of truth in the well-known cliaracter and history of Mr. Sutherland. The Presbytery, sympathising with a brother in his position, refrained from noticing these charges until the Session of Gabarus, having returned one of these newly appointed elders as its representative to Presbytery, forced this Court to act in self-defence, and an investigation of the manner of election and ordination of said elders was insti- tuted. 6. Other complaints were also widely circulated against Mr. Sutherland, whereby the cause of truth and Presbyterianism suffered injury, and some of these also were force<i upon the attention of Presbytery by a petition signed by 47 persons representing a large proportion of the small congregation of Gabarus. Learning that charges were lodged against him, Mr. Sutherland, manifestly designing to turn the edge of public censure from himself, brought charges before his Session against some of the petitioners and the ministers of his Presbytery, besides trying, in other ways, to hinder the administration of justice. See Sec. 8, «, 6. c. After the examination of many witnesses, and prayerful deliberation, the Presbytery found all the charges, except the fourth, fully proven, and the fourth proven in part. From this decision there was no appeal, and, consequently, it must stand as the judicial finding of the competent court. The Presbytery might now proceed to final action, but, because cf tenderness in dealing with a brother, they referred the case to the Synod for final judgement. / 2. a. The J.ct of re/erenci' is sufficiently plain : " The Presbytery, having adopted the report of the Committee in the ( Jabiirua case, resolved at this stage to refer the case, for final judgment, to the Synod." The Synod, however, instead of heeding the matter referred, reviewed the findings of Presbytery, against which there was no appeal. For such a course the Synod has neither law nor precedent, and cites neither. Compare Constitution and Procedure of the Presbyterian Church in Canada, 114: — "The higher Court, after iniiuiring into: (1) The regularity of the proceedings minuted ; and (2) the correctness of the record, orders the record to be attested, with or without notes. When necessary it gives instruction or admonition to the lower Court ; but a judicial sentence shall not he, reversed by such action." And 121 : " The higher Court considers, first, if the reference is in proper form ; and, secondly, if there is ground for making it. If it is informal, or appears to be unnecessary, it is dis- missed ; if not, it is sustained. If the reference be sustained, the higher Court hears the whole case, and decides it or sends it back to the lower Court with instructions." It cannot be suj)pose(l that the words " tlie loholec ase " in the last sentence are to be taken absolutely, foi this rule ins regard to all kinds of references, and a reference luay be for advice upon some particular point (Constitution and Procedure, 119,) in which case it would be unfair to the lower and burdensome to the superior court that the latter shouia be required to hear the whole case, the smallest part of which only may have been referred for advice. The words must, therefore, be understood as qualified by the context and include only matters concerning, included in, or depend- ing upon the point referred. Otherwise the sentence : " It \z the duty of the lower court to exercise, as far as possible, its own judgement before making the reference," (Constit. and Proced., 119,) is a snare to all the lower courts of the Church. In all the law of our (Jhurch and practice of our ecclesiastical courts there is no rule or precedent to the effect that a superior court may, of its own motion, reverse a finding of a lower court from which there is no appeal. On the other hand, the Synod of the Maritime Provinces having, in 1877, as in 1880, reversed a decision of the Presbytery of Sydney from which there had been no appeal taken, the General Assembly, on appeal, re-affirmed the decision of Presbytery. See Mimites of Assembly, 1878, page 31. b. The Synod gave decision in the case referred and yet neither sustained nor dismissed the reference, c. The Synod took action — handed the case over to a com- mittee — before the reference was stated to the court, d. The cr mmittee on the cases from Sydney Presbyterv had proceeded very far in all the cases before the Presbytery's Commissioner was present. 3. From the Synod's decision, reviewing and reversing the findings of Presby- tery from which no appeal had been taken, Mr. Gordon, in name of his Presbytery, appealed to the General Assembly, a. To justify its own ?tion and in answer to Mr. Gordon's reasons of appeal, the Synod says : " The findiL^,a of the Committee of the Presbytery of Sydney, as adopted by that Presbytery were submitted to the Synod, as it appeared to the Synod, not merely as a basis for action by the Synod, but for the purpose of being reviewed as a step to action by the Synod." The Synod must have thought the I'resbytery very stupid, indeed, when it deemed the latter capable of performing such a foolish, cringing act. At the same time, it must be remembered that the act of reference was plain, and that the Presbytery's commissioner, both before the Committee and in open Synod, exposed the fallacy of th : Synod's position with regard to the point referred, h. The four who dissentedj (see Synod's answers,) were Mr. Sutherland, (the party accused, who, if the Court wished to deal harshly with him, might have been deprived of vote or voice in the matter), and his elder, and Mr. Murray and his elder, all of whom are accustomed to dissent, c. The Synod does not reply to Mr. Gordon's third reason of appeal. Instead of pointing out the neces- sity, if there were sucli, of their course, they fall back upon the position that they did as they thought best in tl e matter. Tlius they acknowledge by implication that they have no law, usage, preceuent or necessity for the course they adopted. 4. The FIRST CHARGE brought against Mr. Sutlierland in the petition presented to Presbytery was one of Sabbath desecration, specially inasmuch as he on the Lord's day, in the church, after or before the close of Divine Service, made intimation that a vessel had arrived or was Jibout to arrive with lumber for his manse, that he would be away from home, and therefore the congregatinn would ueed to make arrangements for the landing of the lumber and bringing it to the manse. That this rcDresentation was correct is shown by the following exhibit of testimony : (The evidence of A* is n&t of importance, because of the irregularity of his attendance at church ; that of I and K is valueless, except in so far as it confirms that of the others, because of the evident unwillingness with which they testify. G. was not present on the Sabbath referred to.) Mr. Sutherland made an intimation on the Sabbath-day in referenc3 to discharging a vessel, B, C, D, E, F, H, I, K, L, M, N. He made the intimation from the pulpit, B, C, E, K, L, M, N, ( — on the floor of the church, H, I,) — before the benediction B, C, D, E, — after the benediction H, I, K, L, N". He said : That the vessel was coming, B, E, H, I, L, M, N : with lumber for the manse, B, E, H, I, M, N ; the congregation must arrange to take the lumber off the vessel, C, E, H, I, K, L, M, N, and haul it to the manse, E ; and that he had to leave home, H, I, K, L, M, N. John McLean, elder, then asked if they would take horses, B, C, D, E, F, I, K, L, M, N ; Mr. Sutherland replied. Be quiet, C, we will not talk of such things now, B, D, E, F, I, K, L, M, N. He also asked the elders and trustees to meet in the vestry imme- diately to make arrangements for the work, B, D, E, (he did not ask them II, I, K, L, N.) " We met in the vestry, trustees and elders, and considered how we might discharge the vessel and bring up the lumber. Mr. S. was out and in with us. We were not con- sulting with him in the arrangements. We made arrangements and Mr. S. told me I was to have charge of the arrangements in his absence," B. The trustees and elders did not meet, H, I, L. The trustees and elders were asked on other Sabbaths to con- sult about scantling, digging cellar, &c., B. Mr. Sutherlau'l opoke of scantling, &c., on other Sabbaths, E, F. " A Sabbath after (that first spoken of,) Mr. Sutherland said from the pulpit. Let the people come with their horses and haul the lumber up to the house. John McLeod said they had not food for the horses. Duncan Morrison said if they had no hay they had oats. On this second Sabbath he n ain told the trustees and elders to remain after the service to make arrangements iu carrying this out," E. It was not his custom to make such intiraatiDns, H, I, N, (but N, was not regular in his attendance at church.) 5a. The finding of the Presbytery, based upon the above evidence is as follows (from report of Committee adopted by Presbytery) : — '• With reference to the charge of Sabbath desecration, your Committee disapprove of the intimation regarding the un- loading of the vessel, which your Committee regard as proven, as inconsistent with the solemn services of the sanctuary, and censurable because (1) of the example of a minis- ter in speaking of worldly matters on the Sabbath, and (2) the great amount of thinking and speaking of worldly matters such intimation would likely cause amongst the con- gregation." 6. Unwarrantably reviewing the above finding, the Synod gives the fol- lowing judgment : — " That the conflicting character of the evidence preferred with reference to the charge of Sabbath desecration against the Rev. D. Sutherland, dis- ables the Committee from determining to what extent this charge can be pressed. But suflRcient remains to show that Mr. Sutherland cannot be fully exonerated from somewhat of impropriety in referring as he did to secular matters on the Lord's Day, and accordingly, in the opinion of the Committee, the Synod should join him to exercise due discretion in this respect hereafter." c. Testimony in winch a "conflicting character" appears less than in the above (§4) would be hard to re- ceive from an equal number of witnesses upon a kindred subject. The Synod was not in a position to weigh conflicting evidence, and therefore ought not to couch the * See Appendix A,— List of witncBses. I I finding of tno Presbytery, d. This decision of the Synod, and es])ecially its designa- tion of a breach of the Divine law by the euphemistic " somewhat of impropriety," has weakened the hands of members of Presbytery who have to cor'tend for the sanctity of the Sabbath against Utilitarianism. <6a. The second comi'Laint made against Mr. Sutherland by the petitioners was that he had left them for many Sabbaths for the last two or three years without any service ; and that he had been going without their permission or that of the Presby- tery to preach at Loch Lomond, where there was a minister of our church already settled, thus keeping up a division tliere. h. This charge has not been denied by Mr. Sutherland or his witnesses. The Presbytery, therefore, found " that Mr. Sutherland acted irregularly (1) in dividing his time between his own congregation and another without the leave of his Presbytery ; (2) in going to a congregation be- longing to a sister clmrch without the leave of the Presbytery of that Clinrch in whose bounds the ".ongregation is ; and (3) in going to such church in tlie immediate neighbourhood of a brother minister's congregation." The Synod determined that Mr. Sutherland committed no irregularity in this matter, c. This case embraces a very important question of ecclesiastical law : Are ministers allowed without the sanction of Presbytery to give a definite proportion of their time to congregations or stations other than those over which they have been placed by the Church, to the detriment of the latter ? An affirmative answer to this question would appear as ridiculous in Presbyterianism as a negative in Congregationalism. 7a. The third charge was more serious than the second, viz. : that Mr. Suther- land had deprived the petitioners of their pews, and had given said pews to others who had no right to them. The Presbytery were glad to find this charge not proven with regard to the petitioners themselves ; but the evidence showed that he unjustly deprived one Alexander McDonald of his pew. There was an appeal taken upon the further order that the pew be restored to McDonald, but against the decision of Pjresbytery that the minister of Gabarus has been guilty of a tyrannical abuse of his office in this matter, there was no appeal, h. Exhibit of Testimony : — McDonald owned a pew in Gabarus church (C, D, E, G, H, I, N), and paid for it (A, H, I, K, M, N) ; Mr. Sutherland took it from him (A, B, F,) and gave it to Donald Mclntyre (A, B, C, D, G, N). Donald Mclntyre has it (M). McDonald lost his right to it by nonresidence ; Mr. S. did not ^ake it (K). " I cannot tell whether he (Mr. S.) did it, (i.e. take the pew and give it to McL) himself, or by the concurrence of the session," (A*) " Mr. S. offered my pew to Hector McKinnon in my own presence," (E). 8. The Synod charges the Presbytery with acting " toward Mr. Sutherland, alike in the conduct of " this " case, and in their findings tliere anent with a degree of harsh- ness not a little reprehensible." That the Presbytery had many provocations to harsh- ness from Mr. Sutherland, and that at the same time it acted towards him with the greatest leniency and long-suffering, will be admitted by any candid reader of the record of the case. As specimens of Mr. Sutherland's conduct we give the following : a. " At last meeting the Commissioners from Gabarus who presented a petition complaining of the state of matters in that congregation were instructed to send their petition" to the Presbytery through the session. Koderick McLean, Esq., and Philip McDonald, elder and trustee, stated that they enclosed it to the Eev. Mr. Sutherland, Moderator of Session, with a written request to transmit it tlirough session to the first meeting of Presbytery, and delivered the package to Mr. John McCormick, elder, who fowarded it to Mr. Sutherland. Mr. Sutherland, as Moderator of Session, being asked whether the Session of Gabarus had the aforesaid petiiion before them, answered that no peti- tion was presented to the Session. On being pressed for a decided answer, he said there was a paper containing falsehoods which was allowed to lie on the table of Session at Gabarus. It was now manifest that the petition was not transmitted by the Session • Mr. S. had not the concurrence of tlie Peasion. The elders concurred in McDonald's petition. 5 '^f t.ie : i db. rvi . to the Presbytery, and that the desi'^n was to strangle it. The Clerk having stated that a duplicate copy was handed hira, it was moved and carried, that in the circum- stances the said copy should be substituted for the original." After some further delay, ■"Mr. Sutherland presented the original petition. The Presbytery consideiad such conduct on the part of Mr. Sutherland exceedingly strange and even censurable, inas- much as he had cue petition in his possession while he trifled v^ith the court, declaring that he knew nothing about i: and that it was laid on the table of the session of Oabarus." See Min. of Preshy. Sept. 10, 1879. h. Mr. Sutherland at the same meeting presented a petition as from the Session at (xabarus, to which were signed the names of John McLean and John McCormick, eiders, who, subsequently on oath, testified that they were at no meeting of Session at which charges against Dr. McLeod (tlie subject of the peti ion) were mentioned, had no knowledge of. the petition, and if their names were to it, they were not subscribed by tlieir hand or authority. The names appear to be in Mr. Sutherland's handwriting, and are witnessed by his initials. See also postea, sec. 14, c. d. 9 a. The examination of witnesses who appeared on behalf of and against the complainants, upon the matter of McDonald's pew, was not " unwarrantable," as the Synod aftirniG. The Presbytery had two petitions before it ; the one special having reference to McDonald'." pew alone, signed by McDonald, and endorsed as truthful and concurred 'n tion, presenter' u signed by f Mr. Suthe' bers of the ■ both were s them at th. McDonai'' " '. of the sale ol" Hector McKinnon, who bougr*: hi' faviu, and intended to take his place in the sup- port of ordinances, from whicli l\e was driven by Mr. Sutherland's conduct. Mr. S. in depriving McDonald of the pew, deprived McKinnon of the opportunity of pur- chasing it. McKinnon signed the general petition, and thus the Presbytery was forced to notice the McDonald pew case in examining witnesses on the general petition. c. The Synod's action in condemning in such strong language and so repeatedly the conduct of the Presbyte' v, against which there was not a dissenting voice in the lower court, even from tue parties interested, is more " unwarrantable," than that con- demned, d. So officiously careful is the Synod to show the Presbytery the error of their ways that it three times orders them to destroy " the whole of the minutes of the procedure l)earing upon this case," whicl; minutes extend to the length of 59 words, including a record of an appeal and a dissent. 10 «. The fourth complaint was that Mr. Sutherland had taken into his own hands the management of congregational affairs to the extent of turning awav the old trus- tees and appointing new ones. h. Exhibit of Evidcnrx : Mr. S. turned out Mr. McLean from the trusteeship, E, F, G ; a confused vote was taken, E, F ; new trustees were appointed (April 1879), A, D, H, K, N, O ; (to take the place of some who died, H,) None of the old trustees liad died. K; ^che old trustees were not consulted in the appointment of successors, R ; Mr. Sutherland appointed said new trustees. A, C, E, K, N, 0, (he did not, M) ; he nominated them, B, C, D, K ; there was no time between nomination and votmg, A ; a confused vote was taken. A, K, N ; the congregation was not aware tliey were to elect new trustees until the meeting of April 10th or 11th, B, C. (R. McLean was never a trustee, H.) * It will be observed that although H, I, K,M. X, sonietinie.s diaw on imagination, suoh attempt is generally rebutted by one of themselves. None of t le oM trustees had ilied letoreeven the closing of the ca.se before Presbvterv. "'1 the elders but one, avA all the trustees of Gabarus congrega- vtery several weeks before the other which was general, and .»er'=, i)ft«'ees, communicants and adherents. The first charged J- cD -^u,>A of his pew ; the second, with depriving mem- Drrr^erty, viz. : pews in the church at Gabarus. Since ■iJ jic't be very " reprehensible " to take evidence on (.'■■.^ \ ♦ ♦■'le two petitions are still more closely related. . ..ad *"! ■ r.c )oan(?<^ of the congregation, had settled tlie preliminaries ins pes. bef^-e Mr. Sutlierland was settled at Gabarus (1875) to Mr. llrt. The civil law of Nova Scotia, when any deed of trust, made for the benefit of a conuret^ation, does not specify the manner in which vacancies in the trust are to be filled, prescribes tiie following order to lie taken: " When a vacancy sliall occur by reason of the death, removal or resignation or displacement of any trustees, it shail be lawful for the meml)ers of the churcli or cungregation, from time to time, as occa- sion shall recjuire, at any meeting convened, after public notice tliereof from the pulpit of the church, for two consecutive Sundays preceding such meeting, or by printecl notices posted in one or more conspicuous places in or al)out the house of jiulilic worship of such church or congregation for such two preceding Sundays, which published notices shall state the place and hour of such meeting, and the object for which the same is convened, l)y any resolution passed by not less than two-thirds of the members present at such meeting, to appoint one or more triistees, in phice of any trustees dying, re- moving, resigning, (jr being dis])laced, as aforesaid, — i rovid<'d always that a copy of said resolution, verified under the oath, liefore a . Justice of the Peace, of the Pastor or Clerk, for the time being, oi such church or congregation, shall be fyleil wich the C'lerk of the Peace for the County, within one month from tlie passing of sucli resolu- tion. In default of the fvling of such resolution, all acts done thereunder shall be void and of none effect." Ecviscd Statud's of X. S., IS7'3, ■page 594. Thus without authority of the congregation, who knew nothing of the necessity or election of new trustees, or of his Presbytery, and in direct contravention of the laws of the Province, Mr. S, appointed these new trustees, invading the office of tlie old trustees without any other necessity than the desire to remove honest and higiily -honored men who would not do his bidding.* Antl yet the Synod says that no procjf is given to justify the charge of irregularity on ins part. b. The Synod says that " from the evidence it did not a[)pear that any person in the congregation was injured by the mode of election carried on liy Mr. .Sutherland." Forty-seven jjcrsons in the congregation cry out that they are injured ! The old trustees, whose office has been invailed and wlifjse power is usurped by others, cry out that they are injured ! I The trustees are reduced from the status of a body wliuse acts are legal and have all the force of law to that of one whose transactions are null and void from the beginning ! ! 1 The Synod, however, de- crees that not only is there no injury, there is not the appearance of injur'. If the eyes of that court were not turned away in another direction, it would surelj' discern an appearance and a reality of injury here. 12(1. The fifth and last compl.mnt embodied in the petition was that Mr. Sutherland had assaulted Eoderic McLean, Esq., [at a meeting of the congregation ]> and had caused bodily injury both to McLean and another man. Exhibit of Testimony : Mr. Sutherland assaulted McLean, B, E ; lie did not, H, K, L, M, N. Mr. S. was in the Precentor's desk as chairman, E, F, M, and left his seat and came tlown to the passage in front, E, L, M, when McLean was al)Out to pass, B, C, D, E, I. McLean attempted to jiass, D, G, H, L, M, O ; ]\Ir. S. said, " Young men, cause the man to sit down," I, K, M. Mr. S. then laid his hand on jMcLean's breast, 1), G, laying hold of him by the coat or vest, C, E. G. Something occurred to throw McLean into tlie pew in which Capt. McLeod was, D, H, I, L, M ; Mr. Sutherland pushed McLean on Capt. McLeod, A, B, C, D, E, G. Capt. McLeod cried out, " Don't murder me," A, B, C, E, F, G, L. Capt. McLeod was hurt, A. McLean was hurt, K Mrs. Sutherland rose, B, C, 1), E, L, and cried out, " Papa, papa, B, I), E, L, N, what are you doing ? D, E ; let the man alone, B, E. Capt. McLeod, Junr., cried out, B, I), E, G, L, N, O, "Clear out, L, N, O, such proceedings were never seen," [or words to that effect], B, D, E, G, N, 0. Duncan Morrison rose and said, " Mr. S., let McLean alone," B. E. John F'erguson interfered, H, I. K, N. There was a great sensation in the congregation, B, C, G, I, K ; several went out, B, C, D, E, G. McLean did not put his hand on Mr. S., B. McLean forced himself on Mr. S., gave himself a turn and stumbled, I. McLean 'Eg. The old trustees as well a.s the old elders would not .stoop to deprive McDonald of his right in his own pew. cliiiclied Mr. S., and his weij^lit caine ou no one, K. F btnt his head, K "lost his sight," and O turned his hack just hefore the assault, b. Tlie Synod fnid.s that " it is not clear that there was an assault at all, innch less, if there was an assault, hy whom it was conjnntteil." Such a decision when laid alongside of the evidence, carri<js ito own condemnation, Even the Synod itself deems "the occurrence of such facts as Worthy of lieing rei)rehended.'' Jt further says, " It is to he deplored that a scene such as appears to have occurred sliould have occinred upon any occasion in any cir- cumstances, and, aliove all, in a churcli, and witli a minister as one of the parties concerned." c. All those who spoke in tlie e.xcitemetit of the moment, even Mrs. Sutherland herself, addressetl Mr. Sutherlaml as the aggressor. \?>a. Mr. Sutheriind's FlliST aI'PKAl from the Presbytery of Sydney to the Synod was taken against the resolution to aUow* the commission of Mr. Alexander McDonald, as representative ehler, lie on the table, until an invescigation had been made of the rumors regarding his election. His reasons of a))peal are too iorg for insertion, and are gronndeil upon tlie three assumptions (1) tiiat the Presl)ytery must receive the commissions of Sessions upon their presentation, notwithstanding >iny knowledge mendiers may have with regard to the ordination or non-ordination of the parties commissioned ; (2) that the Presbytery rejected the commission in question ; (3) that it was rejected because of a fault in McDonald's character. We are sorry to find that the Synod not only approves of these reason.s, but repeats the statements that the Presbytery rejected tlie commission and supported the rejection by a " a /rami and rumors alleged against hi,? character." These two have been repeatedly denied, and their falsehood can be seen from the recf)rd. It has been soid that the meaning of the word fuhia countenances the latter; Imt fortunately the signiHcation (;f words does not depend on the prejudices of men ; a fuma is a rumour which specifies some par- ticular sin or sins, is widely spread, generally believed, and has strong presumption of trutii — Coiistit. and Proccd. 248. That the rumors u])on which the Piesbytery felt itself bound to act fulfilled these conditions. See above, § 1«. The sivis were charged in i\\Qfaiva not in ]\Ir. ilc Donald, but in Mr. Sutherland, h. If the Vener- able the General Assembly declare it to be the law of the Church that a Presbytery is bound under all circumstances, notwithstanding the existence of grave complaints, to receive an elder's commission without inquiry as to the truth or untruth of such complaints, the Presbytery has nothing to say, but must bow to the decision. The Synod did not however pretend to give a decision in accordance with the law of the church. In answer to Air. Gordon's reason : " By the decision a Presbytery has no protection from an irregularly ordained or an unordained person being a member of court, if he is commissioned by Session," the Synod replies: "Presbytery may justly take for granted that those commissioned by the Sessions under its jurisdiction are regularly ordained." There in no appeal to ecclesiastical law or usage, 14. Second Appe.vl — a. 'Slv. Sutherland read in Presbytery the following paper and then handed it over to the Clerk of Presbytery, stating, at the same time, that the session of Gabarus had taken evidence in the matter : " Sydney, 1879. I hereby refer Dr. McLeod's conduct to ward 'j the congregation and n-.inister of (labarus, as con tained in the minutes of session, to Presltytery for adjudication. By order of Kirk- session, D. Sutherland, Mod'r. To the Clerk, to be communicated." The Presbytery found that this paj)er was no reference (wliich the Synod partially concedes) and dismissed it. Con><tit. and Proced., 120: " A reference, as to form, consists of an extract minute of the resolution to refer, and must be accompanied with an extract minute of aU proceedings in the case, and must be accompanied with all the papers necessary for the proper consideration of the matter referred ; and is presented by commissioners appointed for the purpose." Mr. S. appealed to Synod against this decision, h. The Synod sustained the appeal and said that there is " no evidence of irregularity of procedure on the part of the Session of Gabarus in submitting their com- plaint to the Presbytery of Sydney." Of course not, for at the time of the appeal the 8 Session had subnutted no complaint to the Presbytery, and tner" Is no use of proving or disproving irregularity in an action never performed, c. But the Synod proceeds farther; it enters in tlup judgment, as well as the last, into the question of reasons and answers. " The reasoi.s submitted by Mr. Sutherland l)ear no marks of Ijeing disrespectful in expression," says that reverend court. In his 8th reason, Mr. S. says : " IJy .shirking the reference . . justice i.s burked and mutatis wM<a«c??s righteous- ness is fearfully prejudiced. I hope for better things from the Synod. * I have done judgment and justice ; leave me not to mine oppressors.'" Again, 10th: "In my opinion the proceedings will show that tremendous tyranny was exercised by the majority and that their proceedings are not valid." And yet heie there are no marlcs of disrespect ' d. " The reasons submitted by Mr. Sutherland bear no mark? . . of being incorrect in .statement." The "Synod actually employs those words, as can be seen on page 19 of their printed minutes. (1) No paper was submitted to Pres- bytery but that (juoted above, and the minute book of Gabarus Sessi^-n, of which even the pages treating of the macter were not poin'ed out. Mr. S., however, says, reason 2nd : ' The reference contained an extract as enjoined," This is a deliberate mis- statement, and the Synod's committee knew it. (2) Mr. S. further says, reason 9th : " Dr. McLeod, in Presbytery, introduced these measures amid thundering threats to siLspend myself, and an appeal to all present if they were all ready for that act." This is not in accordance with truth bet.veen mn.n and man, aiid the fact was pointed out to the Synod in the Presbytery's answers to these reasons a? follows: '• As to the a.ssertion that he was threatened with suspension, &c., the truth is that he became refractory and abusive and sliowed contempt of court, .so that he was freq'ioiitly called to order, and, at length, when tlie business was interrupted and could not be pro- ceeded with, he was informed that if he continued his offensive conduct, he would be suspended." Constit. and Froccd. 308. The Presbytery pf)i.it2d out these deviations froi'i truth in their answers, after much ])rovocation, not from any desire to deal narshly, but witli the hope tliat Mr. Sutherland would amend his ways. «. The Synod jiroceeds, " Much of what is contained in the reasons alleged by the Presbytery of Sydney against this appeal is irrelevant." Keference is here made, as was pointed dut by Mr. McRae, wlie i he read the report, to tiie tifth answer. "The/«m« against Mr. Sutherland, which tlie Presbytery was so reluctant to take up, has now assumed a tangil)le form, and must be investigated in a fair, co:istitiitioiial way. Hi? character, as a minister of the Gospel, should be vindicated, il he is guiltless. This is the great desire and aim of the Presbytery. Mr. S. himself sliould be the first to seek such a result, and, for tlie purpose, should beg the interference of the Presbytery." This has reference to the charges contained in the petition presented by a portion of Mr. Sutherland's congregation, and its relevance depends upon Constit. and Proccd. 250: "Great caution is to be exercised in receiving accusations from any person . . . who is himself under censure or process." /. In answer to Mr. Gordon's reasons, the Synod says tliis appeal is dismissed. Well ! what next ? 15. TlliHU Api'Ral. — Mr. Sutherland, however, discovering that his paper was no reference, and constitutionally dismissed, and thus having no hope that the Synod would sustain his appeal, produced at the next meeting of Presbytery a petition to which reference has been already made (sec. 8 h.) upon the same subject as the paper ([uoted in sec. 14 a. Tlie Presbytery dismissed the })etitio'.i. Mr. S. appealed. The Synod dismissed the appeal, but in such a manner as to call for a re-itevatiou of the fact that Dr. McLeod in no way interfered with the Gabarus congregation, except in so far as he on one occasion as Moderator of Presbytery had to announce to some of the trustees of that congregation a decision of this Court. IG, Fourth Appeal, a. — As has been already stated, aec. 1 a. the Presbytery instituted an investigation into the mode of election and ordination of .some elders at Gabarus. The Session was at first cited to appear before Presbytery to give testimony, but subsequently, Mr. Sutherland having stated that the older members of Session could not appear from ago atul failing health, either in Sydney or at the church at (labarus, a cummission waa given to three menil)'!rs (if Presbytery to take the evidence of thene older raenibcis, in conformity to Cunstit. (fe Prored. 2'jl. " When witnesses cannot attend, their evidence may Ikj tiken by connnission of tho court, or through anotlicr church court ; but the pu^ ties must receive notice of the time and place ap- pointbd for the taking of such evidence." This commission wivj executed, and tho elders also attended the nieoting of Presbyter)^. The court upon careful consideration of the case found that there Wiis irreguhuity in the mode of election, but at the same time agreed to sustain the ordin aion of these additional el.iers. From this decision Mr. 8. appealed, antl the Synod sustained his appe.il. h. EdiilU of TcMiimny. There was no meeting of session at which it wi'..s agreed to add to tlie number of elders, Q, P, F. P, S ; no conversation outside of the Session with Mr. S. on the desi- rability of additional elders, P ; there was no call to tho comnmnioant?) to meet to elect elders, Q, K; (Mr. S. intimated such a call the Sabbath before A^ril 10th. 1879, S) ; Mr. Sutherland non\inatefl the new elders, Q, P, S ; their election consisted in being iiamud by Mr. Sutheuand and no one objecting, Q. No meeting of Session was held between election and ordination to try the cam' ' .;es, Q. One of their ordina- tion vows was that they should be faithful to the .'ster of the congregation, R. c. From the above it appears that the following ruleb .. the Constit. and I'roced. were not observed : 223 : " It belongs to the Session to determine when an addition should be made to its number : b".*. it is competent for members of the congregation to petition the Session to this effect.' 224 " Wueu .ic Sesiiou has resolved to add to the number of elders, it llrst gives notice of this icsolution to the congregation, and proceeds in the manner following : (l.) " A meeting of the congregation is held for the purpose of nominating persons qualified to fill the office. At this meeting a list- is made of the names in full of persons didy proposed. This list is then submitted to all the communicants, who are required to return to tho Session on or before a fixed date, the votes duly signed. At a meeting held thereafter the Session examines the voting pppers, ascertains who have the highest votes, declares them elected, and orders the names of the peiaons so elecued to be publicly announced. (2.) It is competent for the Session to hold an election without a previous meetmg for nomination, in V hich case the requisite number may ba elected by open vote, by calling the roll or by ballot. (3.) It is competent for the Session to ask the members to give iu on a specified day ballots duly signed, containing the names of persons to the number required. The Session declares those who have the largest number of votes on examina- tion of the ballots, duly elected." (Here three methods are laid down, one of which must be followed ; Mr. Sutherland followed none, and violated the spirit of all of them.) 224. (4). : " After the election the Session deals with the elders elect as to the propriety of their accepiing office. On theii expressing their willingness to accept, the Session proceeds to satisfy* itself in regard to their piety, prudence and knowledge of Divine truth, of the gov ernnent and discipline of tho church, and of the' duties of the office." The wisdom of these rules is apparent, an'i if there be no irregularity in ignoring them, irregular procedure is a constitutional impossibility. Mr. Sutherland, though present and examining the witnesses, did not prove that he had the consent of one of his elders to the addition to the Session until, he nominated the three additional mem- bers. The nomination and election took place t.i that stormy meeting referred to in § 12. Mr. Sutherland produced no evidence, not even a minute of the meeting, to show that a vote was taken on their election. If it iiad been taken, the result must have been, from the confusion and excitement of both minister and people, the same as in those whicli were taken : a few showing their hands upon they knew not which side. d. The Synod says : " It appears . . . tiiat the action of the Presbytery . . . . was even illegal, — especially in that they employed a civil magistrate to take evidence on oath frona ecclesiastical officials." The Presbytery did not act illegally in this, for (1) it was the practice of some of tlie uniting Churches before the 10 Union to employ a civil magistrate to take evidence on oath, (2) " witnesses may be examined on oath," (Constit. and Proced. 287), and no particular person is authorized to administer such oath, and (3) the magistrate was present at the Commission not as a civil officer but as a member of the Commission, being one of the three appointed by Presbytery. 17a. The fifth appeal of Mr. Sutherland was taken against a decision of his Presbytery ordering himself, Session, and Trustees to secure Mr. McDonald in his right to the pew which Mr. S. had taken from him and given to D. Mclntyre. Mr. McDonald, as did all the people of Gabarus, subscribed to the Church and paid for a pew in it, upon the distinct understanding that the pew was to be his own property. h. The Synod again attempting to cover Mr. S. by his Session, says : " The Session of Gabarus was guilty of no irregularity or illegality in transferring the pew once occupied by McDonald to D. Mclntyre." But the Session never did transfer the pew to D. Mclntyre, unless the Session was like that of Poolewe — consisting of the minister alone. Three of the /our elders of Gabarus concurred in McDonald's peti- tion, and thus condemned the action of Mr. S. in this case. c. The Presbytery had a perfect right to receive the said petition, for one of itc first duties is " to receive and dispose of petitions." — (Constit. and Proced. 21, and compare also 104). d. The Synod charges Presbytery with assuming to interfere with the action of the Session. No candid reader of these pages or of the documents in the case can credit the charge. 6. Mr. Gordon in his reasons of appeal, says : " The Synod had more before it than the judicial record." The Synod replies : " It is not correct to say that the Synod had any matter before it other than what was collected by direct or legitimate infer- ence from the papers submitted to the Synod by the Presbytery of Sydney. " This needs a word of explanation. In a speech on the case in Presbytery, after the evidence on the petition was closed, Mr. Sutherland produced a little book which he said contained the rules of the congregation of Gabarus, and from which he said cer- tain things might be proved, and handed it to the clerk, upon which he was asked if he gave this in as part of his evidence in defence ; he replied " No." and immediately asked for the return of 'he book. Members of Presbytery had no opportunity of examining it. Its identity as a book referred to in the evidence was never attempted to be established. At the same time Mr. Sutherland raised the minute-book of his Session in his hand and laid it down again. These two books were beibre the Synod's Committee. APPENDIX A. List of Witnesses Examined. 1. On the General Petition. A. Capt. John McLeod. B. Duncan Morrison. C. Hector McKinnon. D. Donald Arch. Munro. E. Roderic McLean, EJeq. F. Philip McDonald, Elder. Q. Don. Mclntyr'i L's Son. H. J. K. L. M. N. O. Hugh Stewart. Charles Stewart. John Stewart. D. Mclntyn. AuguH McCorinick. John FerguBHon. Alexr. McLeod, Elder. 2. On the Election 40. op Elders. F. Philip McDonald, Elder. P. Nonnan McLean, ITlder. Q. John McLc&n, Eider. R. John McCormick, Elder. S. Rev. D. Sutherland. 11 APPENDIX B. Decision of Synod. At St. Andrea Church, Chatham, the twenty sixth day of May, one thousand, eight hundred and eighty. Which day the Committee appointed to consider the papers referred to the Synod by the Presby- tery of Sydney met and was constituted, Sederunt. Dr. McCiilloch, Convener, Dr. PoUok, Messrs. Blanchard and Lawson, and Rev. Messrs. Nicholson, Christie and Macrae, who acted as Secretary. The Committee, having read the petition from certain parties in the Gabarus Congregation, reflecting upon the character of Rev. D. Sutlierland, of Gabarus, and the finding of the Presbytery of Sydney in reference to the same, proceeded to consider the evidence relating — 1 . To the charge of Sabbath desecration contained in said petitio- . After due consideration, the Committee recommended the following as what, in their belief, should ue the judgment of the Synod: That the condicting character of the evidence preferred with reference to the charge ot Sabbath desecration against the Rev. D. Sutherland disables the Committee from determining to what extent this charge can be pressed. But sufficient remains to shew that Mr. Sutherland cannot be fully exone- rated from somewhat of impropriety, in referring as he did to secular matters on the Lord's Day, and accordingly, in the opinion of the Committee, the Synod should enjoin him to exercise due discretion in this respect hereafter. 2. So far as appears, Mr. Sutherland, in the opinion of this Committee, committed no irregularity in going to preach, as he did at Loch Lomond, and therefore the finding of the Committee of the Presbytery of Sydney on this point cannot be sustained. 3. With respect to the third charge, the opinion of the Committee based upon the evidence, is verv decided, that by the introduction of the case of Alexander McDonald in connection with that of the petitioner":, the Presbytery went beyond the limits of the record, and acted toward Mr. Sutherland, alike in the conduct of said case and in their finding there anent, with a degree of harshness not a little reprehensible. The whole of the Minutes of the procedure bearing upon this case ought, in the opinion of the Committee, to be destroyed. 4. As regards the election of Trustees, from the evidence it did not appear that any person in the congregation was injured by the mode of election carried out by Mr. Sutherland, and manifestly, very conclusive proof would be reciuisite to justify the charge of irregularity on hie part, proof which, in the judgment of the Committee, is not furnished by the record. 5. Taking a conjunct view of the evidence on this point, the Committee consider that it is not clear whether tin was an assault at all, much less, if there was an assault, by whom it was com- mitted It is to be deplored that a scene such as apptar.^to haveoccured should have occui red on any occasion in any circumstances, and above all, in a church, and with a minister as one of the parties concerned. And, witiiout detern'ining with what party the blame in this matter rests, the Committee deem the occurrence of such facts as worthy of being reprehended. CM THE APPEALS. 1 . With reference to this appeal, the Committee consider that it should be sustained. The rea- sons given by the Presbytery in re[)ly to those preferred by Mr. Sutherland are utterly without force, and tlie grounds alleged by him in support of his appeal against the action of the Presbytery are sufficient. l\\ the opinion of the Committee, the Presbytery erred in rejecting the commission of Mr. McDonald, — the n)ore that they refused to receive him for one reason, alleged irregularity in the mode of his election to office,— and supported their refusal vUh reasons of a quite diflTerent character, a fama and rumours alleged against his character. 2. With regard to this appeal, the Committee find no evidence of irregularity of procedure on the part of the Session of Gabarus, in submitting their complaint to the Presbytery of Sydney against the alleged interference of Dr. McLeod, in the affairs of the congregation of Gabarus. The reasons submitted by Mr. Sutherland bear no marks of being disrespectful in expression, nor of being incor- rect in statement. Much of what is contained in the reasons alleged by the Presbytery of Sydney against this appeal is irrelevant. And, therefore, on the whole, the Committee recommend that this appeal be sustained. 3. The Committee find that the charge of interference on the [part of Dr. MeLeod, acting separately from the Presbytery, does not appear to be sustained. At the same time, since, in their opinion, the introduction of the McDonald pew case into that basetl upon the petition was altogether unwarrantable. Thev consider that, in dismissing this appeal, it should be dismissed simply as part of the whole case with which it is connected, the minutes of which they have, in a previous finding, enjoined the Presbytery to destroy. o' 12 4. Ah to this appeal, it apjK-ars to the Conmiilteo that the action of the Presbytery, with refer ence to the wliole Hiityect of election of eltlern in Gabarim congregation was unwarrantable, and even Illegal,— esiK'cially in that they employed a civil magistrate to take evidence on oath 'rom cccleBia,stical ofliuials. No ground appears why the PreHbytery Hhould have entered at all upon the investigation which they instituted as to this election ; no pnjof is furnished that any grave irregularity was committed, or that any cue complained. The Committee, therefore, recommend that the appeal be suetained, and that the minutes bearing ui)on this case be destroyed. The Committee sustain this appeal also, resoiight in the petition to him. And the minutes bearing upon this whole case of the McDonald petition and pew, oufiit to be, a':;3 are hereby en'oined to be destroyed. destroyed. APPENDIX 0. I. Reasons of Ai'I'kai. from amove Decision anent toe Refekenoe. I jirotest and ajipeal on behalf of the Presbytery of Sydney against such part of the decision of Synod as reviews the findings of Presbytery of Sydney in tlie case referred, because— 1 . These findings constitute the foundation of the reference. 2. From tliese findings there was no complaint or appeal. ;{. Tiie decision complained of unnecessarily censures the Presbvtery, annulling their decisions. Tiie reference was not for the confirmation or annulling of these findings", but to obtain a final judgement upon the case. G. LAWSON GORDON. II. — Synod's Answers to ahove Reasons. 1 . The findings of the Committee of the Presbytery of Sydney, as adopted by that Presbytery, were submitted to the Synod, as it appeared to the Synod, not merely as a basis for action by the Synod, but lor the purpose of being reviewed as a step to action by the Synod, 2. Froii these findings,/oMr meinbers out of a court of 7iine dissented. 3. The Committee of Synod most carefully reviewed the whole of the voluminous evidence and other papers submitted to it ; and the findings arrived at on the whole case, and on each point compos- ing it, were based upon this careful review, and were unanimous. III.— KeASONS of Afl'EAL FROM SvNOD's DECISION ANENT Mr. SUTHERLAND'S APPEALS. I protest and apjwal on behalf of the Presbytety of Sydney from the decision of Synotl in the several matters of appeal Irom the Presbytery of Sydney, because — 1. Hy the decision a Presbytery has no protection from an irregularly ordained or an unordained person being a member of court if he is commissioned by a Session. 2. The paper handed in by Mr. Sutherland was no reference in form or in sense, and the Session lias no right to take evidence against a iiUiiistcr. 3. The Synod liad more before it than the judicial record, i.e. matters not put in in evidence before the Presbytery. G. LAWSON GORDON. IV.— Synod's Answers to above Keasons. _ _ 1. Presbytery may justly take for granted that those commissioned by the Sessions under its jurisdiction are regularly ordained. In the particular case in question, the ordination of the elders of the Session of Gabarus was ultimately admitte.l by the Presbytery of Sydney, and in the view of the Synoii was hilly sustaincil by the evidence admitted in the case. 2. Allowing for the sake of argument that there was informalifv in the mere mo<le of the refei- cnce from the Session of Gabarus to the Presbytery of Sy.hiey aflecting the conduct of Dr. McLeod (which howeverisonly partially conceded), it did not api^ar to the Synod that the Session took evi.lence on the charge agamst 1 )r,McLeo(, beyond the point requisite (o sustain the members of that Session in making what was intended by them as a complaint. But inasmuch as the appeal to which tins person refers was dismissed by the Synod, it seems utterly uncalled for and unnecessary for M;- Gordon to continue discussion upon a jioint in itself of the very smallest importance. 3. It ; , not correct to say that the Synod had any matter before it other than what was collected by direct or legitimate inference from the papers submitted to the Synod by the Presbytery of Sydney.