ITHE FREE PRESS I
Vol. 2-No. 2 1630 S. Hanover St., Baltimore 30, Md. November 9, 1956 Statement of Issues BY CARL McINTIRE In a few simple words we desire to or certainly in the dark, are unaware of founded on the basis of confidence and state the main issues that confront each what has happened in this regard. liberty thalt the Collingswood Church individual church and each individual This tyranny, however, is further rati should be told by the J udicial C~mmi~ member in t~le Bible Presbyterian fied and established by the decision of sion that it is in danger of b~mg m Church. The crisis which confronts the the Judicial Commission of the Synod contempt, when, as a matter of fact, church bas been brought about over a on September 14, 1956, as reported in the Collingswood Church has. nev~r had period of time by four main factors. the Majority Opinion. Both the Col an opportunity to prese?t Its sl.de of I. lingswood Church and the Presbytery of the story or to defend Itself ag3:mst a New Jersey are warned that unless they judgment of contempt. The. Scnpture.s INCREASING POWER OVER TRE LOCAL say that a man is not to be rejected untIl CReRCH. The group in the church obey the directives of Synod they, are 3It least after the second admonition. which has sought for Synod control has in danger of being found in contempt! resorted to the "courts" of the church It is indeed a strange spectacle in the To us it is almost unthinkable that a to enforce their desires and decisions. In Bible Presbyterian Church which was situation like this could develop in the this process, the increased control over Bible Presbyterian Church, but it has. the \ocal churoh and II:he denial of lib- . It is real and we cannot accept such erties guaranteed to the toea.! church A CALL control or' power on the part of 'a Synod are clearly manifest. over the Collingswood Church or any A call for a 20th Synod of the church in the denomination. Synod has no power iq the Bible Pres 'Bible Presbyterian Church has been byterian Church unless ill: is specifically !issued in response to petitions from The Judicial Commission has promul given to it in the constitution. This we ministers of three presbyteries gaited the new doctrine in the Church that have emphasized and re-emphasized. In New Jersey, California, and Ken . its decisions in administrative cases must this we thought there was protection and tucky and Tennessee, which have re be obeyed, just as a decision of the Su guarantee of liberty to the local congre nounced the 19th General Synod. preme Court of the United States is ~o gations. Rev. J. U. Selwyn Toms and I The moderators of the tthree presby be obeyed. And yet, in the decisi.on were members of the Ithree.-man constitu teries signed the call. The text of which it made regarding thecomplamt tional committee which drafted the Bible the call follows: from the New Jersey Presbyltery, it went Presbyterian constitution and presented completely oeyond the bound's of .the it to the First and Second General Synods A CALL FOR A complaint, since no quest!on was ral~ed meeting in Collingswood, 1938 and 1939. TWENTIETH SYNOD in the p,!-rticular complamt c~ncermng the compliance of the Collmgswood But Ithe 19th General Synod simply A call is hereby made for a Twen- .. Church or II:he Presbytery with the order took to itself power over the Collings tieth Synod of the Bible Presbyte of the 19th General Synod. The Com wood Church. This church is the larg rian Church to be held in Collings mission proceeded on its own initiative est and has oontributed more to the wood, New Jersey, Friday, Novem to rule on the matter of contempt I For denomination than any other one tes 'ber 23, 1956, at 10 a.m., and con a 1udicial Commission to have i~s ~d, timony, yet Synod proceeded to order tinuing through November 27, 1956. rfiinistrative actions absolutely bmdlng the Collingswood Church to pIal.:.:' names Such a Synod is being called for upon the Church an~ w.ith the. ~mmis on its roll of members and then to issue the purpose: sion free to include m Its deClslons any letters to a group that was forming (1) Of reconsidering all actions matters that it may desire, though they another church from out of the Col relative to 'the American Council of are not properly brought before it anld lingswood Church. This oroer to the Christian Churches, the Internation have not been debated or discussed be Collingswood Church and to the Pres al Council of Christian Churches, fore the Commission, involves the ex bytery of New Jersey, if the Collings the Independerut Board for Presby oercise of a tyranny which simply can wood Church refused to obey, was in terian Foreign Missions, Faith The not be accepted. Yet this is the fact. violation, as Dr. Allan A. MacRae has ological Seminary, and other irtde pointed out in his Minority Opinion, of Another example of this tyranny which pendent agencies. has come to light as a result of the pres specific provisions in the constitution. (2) Of taking any and all actions Rights given 11:0 the local church were ent conflict is the decision of the Judicial within the limits of the constitution Commission relative to the Bible Preshy denied, transgressed, and usurped by rela:tive to complaints which have a Synod. If a Synod has this power terian Church Association, through been made against various presby which the churches, presbyteries, and in over a local church, it can divide a teries. church. In such division the .property dividuals in the denomination maintain rights of a congregation are involved. (3) Of re-establishing fellowship constituent membership in the Interna This is an indirect way of getting at the and oonfidence among the br6thren tional Ck>uncil of ChriStian Gurches. church property and seeing that the ma and churches and to take any and It is the Commission's judgment that jority as desired by a particular Synod all actions necessary and proper· and the Synod' has the right to extend or controls the property. iliat may be desired for a Synod to withhold the privilege of joining to under the constitution; and to set a local church. We are oonfident that the local the time and place for the next Gen-, This power over the local church on churches of our denomination, many of eral Synod. the part of the Synod is absolutely for which have 'been kept totally uninformed eign to the constitution of the Bible Page 2 THE FREE PRESS November 9, 1956
Presbyterian Church. As Dr. MacRae order to repudiate these men, they re even gotten to the place where they has pointed out in his Mir:ority OlJinion, pudiated the organizations with which ditl not mention i.t any longer to our local churches are free and our they were identified I t'heir people. The issues of separation presbyteries have silch authority under When the Bible Presbyterian Church are involved in the repudiation of the the constitution to unite with the Bible Association was first formed, it was free ACCC and ICCe. rHow can they build Presbyterian Church Association. This ly said that the churches were free to join a movement on a "tighter Church," "su liberty is now denied to the local church I as they felt led. But when the drive per policy" and "anti-McIntire" cam A more "powerful Synod" just takes claiming that the Association was un paign ?] power I constitutional and illegal developed, We believe God has given the ba11le The Synod that assembles in Collings churches were advised not to affiliate with into the hands of those who will gather wood, November 23-27, 1956, repudiates it. The Bible Presbyterian Ohurch Asso in Collingswood With both the zeal and all of this and is determined that it shall ciation provided' the only way through the fait!h of those who founded this continue the liberty and the freedom of which Bible Presbyterian ministers and Church. the churches under the constitution. The churches could maintain constituent group thatt will meet in Columbus stands membership in the ACCC and the ICCC, III. with ·the majority, in the Judicial Com and under the ICCC's consritution the of THE ATTEMPT TO DISCREDIT CARL mission's decision, and represents also ficers have to be from constituent bodies .. McINTIRE. There is little doubt now the group which has usurped and grabbed The drive againt the Bible Presbyterian in people's minds that the drive to change power in the Synod and tried to force C!lwrch Association was an extension the Church coupled with it a drive to dis the Collingswood Church Christian Beacon until the Associated say. And a Presbyterian does not have Press ruid carned the conflict over to support his denomination's program EXPLANATION the world and I was heing widely or its decisions unless he feels the Lord . publicized by the World Council af desires him to do so. It is tHis position Accompanying the call for the Synod Churches' and National Council of which is inviola.te but which the Bible to be held in Collingswood, Dr. Carl Churches' leaders and National Associa Presbyterian Church, in its 19th General McIntire sent out a brief explanation. A tion of Evangelicals' leaders as having Synod, failed to recognize as it related portion of this follows: been "repudiated" by my brethren in the to the Iooependent Board for Presbyte Some word of explanation net-ds to Bible Presbyterian Church. A concerted, rian Foreign Missions: be given to the call for a 20th Synod. definite effort was made to drive me This Board, more than · any other Three presbyteries--New Jersey, Cali out of the Church. The plan announced agency, was responsible for the forma fornia, and Kentucky and Tennessee, by Dr. Buswell to dissolve or exscind tion of the Bible Presbyterian Church. have renounced the jurisdiction of the the New Jersey Presbytery and take back The arguments which have been used 19th General Synod and its unconstitu in only the churches which were loyal in the Synod for Synod- ,. Page 4 THE FREE PRESS November 9, 1956 erator, u"der Presbytery, was not even But the minority, "{ith the majority who EXPLANATION called or notified, and another brother, weI."e at the Synod, have insisted that John Kay, sympatheitic to Dr. Buswell, what they have decreed must be obeyed (COt~tinued from page 3) took charge. The church in East Orange, and that to refuse to do so is to be in where Daniel Farmon has been preach contempt., Thus the minority working The Rev. J. u. Selwyn Toms, mod ing has refused to recognize the moder with the Synod group has driven on I erator of the first Synod, has maintained ator appointed by the moderatot of Pres The "power of- our Lord" is used to from the beginning that the 19th Gen 'bytery and instead has accepted one ap force men and a Presbytery who have eral Synod was illegal. His position was pointed by Dr. Buswell's group. All of never presented their side, and which well taken. this is in violation of the regulations of by resolution desired to do so at a Synod When Dr. Carl McIntire .made the mo the Presbytery and of the constitution all would attend I We do not think that tion ill the 18th General Synod at St. as they relate to the Presbyery. this was of Christ, nor is as He would Louis in 1955 that Dr. Buswell set the The story in this Presbytery is one of use it against us! But now we are to be time and place of the neXit Synod, since an unending effort of a minority group "dissolved." 'Dhe ordet of Synod is there were "unforeseen circwnstances" . to coerce the majority without regard final, and we are in contempt! God concerning the time and place, such a for "mutual love and confidence," or the . forbid, our brethren I motion was entirely out of order be operations of the Spirit of God. A small There has been, so far as we have been cause ,the Standing Rules had provided group in the Collingswood Church; dis able to see, no exercise of love or broth for such circumstances, and before any affected under the influence of Tom erly . exhortation, but we hear threaten such motion could be passed by our Cross, Francis Schaeffer, and Robert ings and warnings, "judicial actions," Synod, it would be necessary for the Rayburn, and making serious charges and demands that Synod has to be Standing Rules to be amended or against its pastor and elders, left the obeyed I There seems to 'be no justice I changed. This was not done. Dr. Bus church, demanding that the church give Have men forgotten that conscience and well acted only on his own in calling the them letters to form a new church. Dr. God enter into this picture with His free 19.th General Synod and not under the J. Oliver Buswell, Jr., of Philadelphia servants? But even the Synod, in hear Standing Rules to which he and the Syn Presbytery, came into our Presbytery's ing 3ldministrative cases, in any decisions od are oonuniUed. The Committee' on bounds and became their pastor, and he or judgment which it makes must be A.rrallgements, according to Standing was the spokesman against the Presby limited by the restraints which the con Rules, shall "consist of the pastor of the tery and the Collingswood Church. At stitution puts upon the Synod itself. host church" the moderator of the pre the very next meeting of the Pr~bytery And now the group led by Dr. Buswell vious Sjnod, and the clerk who shall demand was made that the church be is set on dissolving · the New Jersey serve as chairman." And they say, "In received and that the Collingswood Presbytery, splitting the Church, and case of some unforeseen circwnstances, Church be ordered to give letters; and throwing us out! The responsibility for the Synod carmot meet at the time or the Presbytery, desiring that confidence dividing the Church rests upon these place appointed, t)1is Committee shall and mutual love be first restored, laid men who :have tried to use force when the have power to appoint such other time the matter on the table to give time and constitution says that the Church is not or place, or both, which it believes in its to wait on the Lord! It did not refuse to be held together by the exercise of any judgment will meet with the approval to admit them, and it was specifically kind of force or coerc~on whatsoever. A of the General Synod." This, of course, said that under the guidance of the Holy new type and a new concept of the was not done. Spirit confidence and love could be re Church has developed in the exercise of The situation in the Presbytery of New stored and the church could be admitted these decrees. The power of the Church Jersey continued to deteriorate. On to co-operate in peace with all the others I is used to force churches and men out. May 12, at its stated meebng, the Pres But, immediately a complaint was taken The fair-minded, humble people of the bytery was forced to adjourn. It could to the 19th General Synod. The Pres Churoh will understand. What has been not conduct business because of the con bytety had declined to recognize the done to Collingswood, a church which dud of Dr. Buswell, who insisted that Synod as a proper one. The minority has been - so strong for the movement, he was a member of the Presbytery, called a pro re nata meeting in violation will be done to other churches in years proceeded to speak, make motions and of specific provisions of the constitution ahead. We are sad to see it. It is a interrupt, contrary to the actions of the and without even two elders and two tragedy indeed. Presbytery and a "stay" secured by the ministers signing the petiti·on for the minority with Dr. Buswell. The Pres meeting, as .the stated clerk erroneously bytery was forced to adjourn. Our said they had I The Synod heard the church in Trenton, where Dr. Elmer "complaint" and did not hear the side of PSALM 57. Smick was pastor, has proceeded, in "io the Presbytery or the Collingswood lalion of our presbyterial rules. Dr. Church. It proceeded to order the min Smi~k never came to the Presbytery to ority to meet immediately. No notice resign. He never resigned to his con of this order was given to the Presbytery E merciful unto me, 0 God, gregation, or had a cungregational meet at all. The minority met, took the qnes B be merciful unto me: for ing to accept hi' resignation and petitkm tions off the table,. passed them, and my soul trusteth in thee: yea, in Pre bytery. He resigned to his session, • obeyed" directives that were given to the shadow of thy wings will I the Presbytery. Only the minority was announced his resign:J.tion, and Idt. John make my refuge, b until these Buswell was called at a congregat;onaI present. calamities be overpast. meeting pre!:>ided over by Kenneth '''hen the' Presbytery met later, the 2 I will cry unto God most I orner, not a member of our Presbytery, majority ruled the pro r.e 'tata meeting high; unto God cthat performeth in violation of the rules of the Presby in violation of the constitution and re all things for me. t ry (If New Jersey. Mr. Buswell has been fused to recognize the pro re lIata meet installed in the man e and is preaching ing of the Presbytery. The minority took 3 He d shall send from heaven, as pastor, and the matter has not yet a complaint and secured a "stay," and and save me from the reproach bee1l brought before Pn'"bytery. At this held up everything. The Presbytery of him that would swallow me Star Cross, Harold Hight was called in itself has never acted one way or another up. Se'lah. God shall send efortb a meeting where the duly apvointed mod- on the orders of the Synod directed to it. his mercy and his truth. November 9, '1956 THE FREE PRESS Page 5 Resolution of New Jersey Presbytery ASYNOD The Preshytery of New Jersey, meet- Synod must be obeyed, just as a decision ing in special session, OctoBer 22, 1956, of the Supreme Court of the . United Just what is the situation' as it con· considering all the complaints against it States. cerns the Call for a 20th Synod in CoI and the judlWlents of the J udicia:1 Com- · This Presbytery declined .to recognize 'lingswood, N. J.? mission, declares as follows: . the 19th General Synod as a properly 1. (1) The document called a complaint, called body and refused to attend the dated January 18, 1956, was in fact Synod and now declares that the . 19th There is much misunderstanding about what is called "The Synod." Un under the constitution only a notice of Gener~ Synod was called in violation' of complaint, and, though the 19th Genera! the Standing Ru1es of the Church and . der the c;onstitution of the Bible Presby Synod recognized tbis, it did' so in viola- that it took certain illegal and uriconstitu terian Churab a Synod meets and when tion of the constitution of the Church. tional actions which are designed to give it adjourns it is "dissolved" and that h. the end of that Synod. The Synod is not (2) The 19th General Synod itself to a Synod greater power over the something that continues, or that men was called only by Dr. J. Oliver Buswell, churches and to take from the churches !>clong to throughout a year. Hi~tor Jr., and in violation of the Standing and presbyteries constitutionally guaran Ically, a moderator is a moderator only Rules of the ' Synod under Section 8. teed freedom. T,his Presbytery further recognizes that at the present time there of a certain, Synm He is not "the m.d (3) "the 19th General Synod had no is being s:ir~ulated a petition which cal1s erator of the Bible Presbyterian Church." 'constitutional authority to order the for a dealmg with the Presbytery . of The New Jersey, California, and: Ken Presbytery of New Jersey or any presby- New Jersey on the ground that it has tu~ and Tennessee Presbyteries have tery to meet.. ~ot ob~yed the 19th General Synod in not left the denomination. They 'are still (4) The 19th General Synod acted Its actIon on a 'complaint against the the New Jersey Presbytery, and Ca:li illegally when it ru1ed ·· that the pro re Presbytery. This 'Presl)ytery further .fornia Presbytery: and the Kentucky and nata me~ting of the Presbytery called takes notice that Dr. J. Oliver Buswell Tennessee Presbytery of the Bible Pres by the stated clerk was in accordance with Jr., the l?etitioner against the Presbyter~ ,byterian Chu-rch. What they have done 0e con~titution, when, though the stated and chaIrman of the prosecution, has is to repudiate and renounce the 19th clerk saId that the calI had been signed by called. for the dasso)ution or exscinding General Synod. They have lleclared two ministers and two elders, the call of thlS Presbytery from the <;1enomina that that · Synod was illegal and also that had only been'signed by one minister and tion, which action is now anticipated. the Synod itself took very serious and one eider, an$l it was never submitted . Therefore, be it res,plved that tbis radical unconstitutional actions which to. moderator as reqwred 'by the con- Presbytery, which was in 'eXistence free they refuse to recognize or submit to. th~ These three presbyteries have th'ere sbtuhon.- . . and independent before the First Gen- fore taken action, under the constitution (5) The 19th General Snyod has no 'era! Synod was held, does :liere and now to ,call a Synod which will restore th~ constitutional authOrity to compel a local repudiate. the 19th General Synod and Synod to the constitution' an'd again _ church tllrough its presbytery to add to declares Itself free and· independent of provide a legal order for calling another or ·to take members from .vhe roll 6£ the the 19th General Synod or any synod Synod. . clJur~ as was diiected of the Collings- ~ed by the recognized officers of that wqod Chu!ch. . illegal Synod. This Presbytery, there- The three presbyteries have not re nounced the jurisdiction of the denomi (6) The 19th General. Synod' had no fore, continues as the Presbytery of New authority UDder .thx constitutiqn to order J er:rey of the Bible Presbyterian Church. nation -or of the constitution, and they the Presbytery of New Jersey to ruviJe This Presbytery declares that it maln- have not left the denomination. . If any . the Collingswood Cli'urch in case it -re- tains the consti'tution, the li'berties and body has left the denomination, it is fused to divide itself in violation of the the testimony of the Bible Presbyterian those who have taken the . Synod ",way ' express provision .of the constitution for-Church as it was origina1Iy established from the constitution an'd used the Syn od to enJorce their wiU on others. bidding a presbytery to do such withou~ and \fill repudiate all usurpation of power f the consent of the locaJ church. . ~d. ~he ~hanging of our · constitution by To be~in with, the 19th General ,Syn (7) 'Dhe 19th General Synod acted il:' JudICIal mterpretation. . od was lllegally called by Dr. J. Oliver Buswell, Jr., who was the moderator of legally when it presumoo in the exercise '. F:r.~~LLY, this Presbytery decltlres the 18th General Synod. of a~istrative discipline to ru1e that Its W1llmgness. to co-operate with any a ruling of the moderator whioh he an- other presbytenes which in simi,lar ac , The Standing Rules of the. Synod nounced that he would make before the tions will participate in a Twentieth Syn whi~h are the law ' set up by the Synod presbytery was null and void. .' o~, "The purpose of thiS' Association shall Minority Opinion on be to maintain constituent membership in BUSWELL ISSUES STATEMENT ' both the American Council and the Inter Dr. J. Oliver BU9Well, Jr., in a minteo BPCA national Council of Christian Churches." graphed statement now being circulated, ex (Continued from page 7) There is not one thing in the constitution, plains what he was doing in "going through that it exercises these powers over a some either in letter or in sp'irit, which forbids papers and files" while, at Faith Theological what larger area than they do. The Synod membership in the American Councilor in Seminary. Buswell writes: is able, to some extent, to speak for the the International Council of Christian Churches. "It is alleged that Dr. Buswell was fre Church as a whole. Presbytery can speak quently seen at Faith Seminary between Jan for the area covered by the presbytery, and On the contrary, Chapter II, Paragraph uary and May, 1956, and that he was se(;n the .church session for its own area. Each IV, of the Form of Government, dealing 'going through papers and files' and 'secj{ of them, within its area, has not only the with the Church, very specifically states ing to induce the professors to leave the 'n right but the' duty of- exercisini the powers that: sitution ... .' It is true that I frequendy mentroned in this paragraph of the Form "The Bible Presbyterian Church declares visited Faith Seminary during those months. of Government. itself to be a branch of the catholic visible vVith a large correspondence such as I have It would be an utter non-sequitur to as Church of Christ and further declares its alwayS' had, I found myself in January with sume that the statement that the General willingness to hold Christian fellowship with out secretarial help. The wife of one of the Synod may correspond with other churches all other such branches of the Church." students at the Seminary, a very competent rules out any correspondence with other Paragraph III states: secretary, was glad to do my work, and I churches on the part of sessions or of pres was very happy to pay her for' her time. I Qyteries. Furthermore, such an ;tS'Sumption "This catholic visible Church has, in left my dicta phone cylinders at the Seminary would be contrary to all Bible Presbyterian God's providence, become divided into (Faith) ; the student took them home to his practice, since church sessions regularly ex bodies commonly termed denominations or wife to be transcribed. He then brought ercise th~ power of corresponding with churches. Such bodies, whether local, na my letters back to the Seminary. I picked other churches, as, for instance, in giving tional, or international; which in their creed them up and left more cylinders. 1 suppose members letters of dismissal to otber and practice hold fast to the historic Chris I visited the Seminary on an average of - churches, and in receiving such letters from tian faith ... are true ChurcheS' of Christ three times a week for this purpose. Fre other churches. " quently I sat down at a table in the men's Indeed, it is within both the spirit and the room, signed my letters, put the file copies FALSE ASSUMPTION letter of our constitution that our churches in a large envelope to take home, and mailed In addition, it is necessary to point out fellowship with other churches; and both the letters on the way home. These are the , a false assumption. The Bible Presbyte the International Council and the Ameri only 'files and papers' which I ever 'was seen rian Churdl Association is not a church can Council of Christian Churches are agen going ·over.' The statement that I was body with which the Synod could correspond, cies manifesting S'Uch fellowship. 'seen around the,Seminary many, many times nor is it a denomination. In fact, the As UNCONSTITUTIONAL over a period of weeks ... ' is a fair sample, sociation'has no place 1n it for the Synod, I believe, of the distortions to which many because it is composed only of indivduals, The Majority Opinion would gather to of us have been subjected." local churches, and presbyteries. Synod power which it does not have; it pre sumes to give to it the right of extending Our Form of Government, Chapter 9, certain privileges to -the churches: Paragraph '4, gives ,presbytery the power, "With regard to the privilege of joining agency which is joined by the individual, in its ,discretion, to unite with such an asso ses$ion, or presbytery, the Form of Govern ciation as this, for presbytery has power the Bible Presbyterian Church Asspciation, we believe the right to join the group should ment gives no higher body the 'right to de "in general, to order whatever pertains to clare such membership unconstitutional or the spiritual welfare of the churches under be extended or withheld by the next Synod." wrong in any way. its care, always respecting tile liberties Synod possesses only certain specified dele guaranteed to individual congregations and gated powers, and may never on its own ALLAN A. MAcRAE persons under the constitution." Likewise, authority extend powers to presbyteries or Member of Judicial Commission Chapter 8, Paragraph 6, authorizes each churches. This is so because it is the consti church session "to concert the best measures tution and the people who have extended to for promotin~ the spiritu,al interests of the the Synod the only rights that Synod has. congregation. ' The constitution says: The Bible Presbyterian Church Asso "All powers not in this constitution speci THE INDEPENDENT BOARD ciation is an independent agency formed for fically granted to the courts of the Church the purpose of maintaining constituent are reserved to the congregations respect 'FOR PRESBYTERIAN membership in the American and Interna ively, or to the people." tional Councils of Christian Churches, both Synod, therefore, cannot on itg own au HOME MISSIONS of which provide for such associations in ad thority extend power to anyone. dition' to regular denom,inations. The attempt to gather to the General TO EVANGELIZE THE LOST The ACCC and ICCC are not themselves Synod rights and powers which it does not denominations; rather, they call themselves possess, even to do so under the claim of "the TO CHALLENGE THE APOSTASY "agendes." They are "Christian enter peculiar unity of Presbyterianism in which TO BUILD NEW CHJURCHES prises" in which local 'churches, individuals, the Synod is the bond of union, peace, etc.," and denominations all co-operate to accom- ' would do violence to all the restrictions President plish., certain specific ~nds, such as preserv placed upon Synod by the constitution of our REV. ALLAN A. MacRAE, Ph.D. Ing lIberty and defending the Faith. Church. support this Board by NOT FORBIDDEN CONCLUSION PRAYER - CONTR1BUTIONS - TESTIMONy Tlie Opinion of the majority asserts that If a Presbytery, a session, or an individual "the Bible Presbyterian Church Association ~hurch member, were to join an association Address communications and contribu does in its purpose violate the spirit of the In.tended f?r ~he purpose of carrying on a tions to c?nstitution"; but .the Opinion does not in witness which IS contrary to sound Christian dicate what the purpose of the Association doctrine, this would then be proper cause actually is,. though that purpose was express for censure on, the part of the Synod, pres BOX 7tH ly explained to the Judicial Commission in bytery, or seSSIOn, as the case might be. So ELKINS PARK, Pa. the vo!ry words of the . Statement of As long, however, as there is no suspicion of sociation, as follows: false doctrine in connection with the specific November 9, 1956 THE FREE PRESS Page 9 OOt 0 0 ° tor's ruling relative to negative actions is Judicial CommissiQn's MaJon y pmlOI1: therefore improper. On New Jersey Presbytery The ruling against a stay in the Pres- bytery meeting was objectionable because JUDGMENT OF THE JUDICIAL to the Stated Clerk, in which the Modera- though it was alleg~dly withdrawn in the COMMISSION OF THE BIBLE PRES- tOt alleged that he enjoys power of the de- morning when apparent that the necessat1 BYTERIAN SYNOD, meeting at Colum- cision as to the propriety of callinK. a pro one-third signatures were not yet secured, bus, Ohio, September 13-14, 1956, in regard re nata meeting. On two occasions of the yet when the one-third signatures wen: se to a complaint against actions of the Pre9- current year, proper request for a pro re cured during the lunch hour, no opportur,llty bytery of New Jersey in its meeting of nata meeting of Presbytery was refused and was given for the stay to become effeqlve, May 12, 1956. this disregard of the minority rights we be- though strenuous efforts were made to no- The judgment of the Judicial CommiS'- lieve to be a prime. cause of the seriouS' dis- tify the house of the signatures secured. sion is as follows: sensions now extant in the New Jersey The result was effective thwarti!)g of the In regard to the complaint against the Presbytery. . rights of. the minority. Presbytery's upholding the ruling of the Finally, in , deciding that the meeting of The ComJl1ission greatly regrets the ac- Moderator that the meeting of the Pres- the New Jersey Presb.yte:y at the 19th Ge.n- , tion of Dr. McIntire, the cQunsel for the bytery held at the 19th General Synod was e:al ?~od waS' constltut!onal, the Commls- New Jersey, Presbyt:ery, in removing him not a legal meeting, the Judici.al Co~mis- slOn .Insists that. the actIOns taken at that self from the presence of the court in the sion sustains the complaint. It IS the Judg- meetl.ng are valid. and therefore that Dr,. midst of proceedings and during another'S! ment of the Commission that the meeting J. Oliver Buswell IS a member of the New addresS'. The' New J.~.rsey counsel had ar of the New Jersey Presbytery a:~ the 19th . .T~rsey Presbyte!y and that the Covenant gued that the compfainants might. present General Synod was a legal meetlng on thf Bible Presbyterian Chuych of Haddonfield their case but that the Prestiytery would not following grounds: , has been regularly recelve~. It should b.e reply becalJtle the ,coIQ.phiint did not contain 1. The'meeting waS' leJ1:ally called by the ' n.oted that the P~e~bytery s contrary POSI- speci~eation~ sufficient to aJ.1ow reply to be Stated Clerk as demonstrated by the fol- tlOn leav.es. the ~eclslons of the la~t Synod on prepared Without further S'tudy. The court 10 in facts: th.e a~lrustratlve cases before It not com- finds that the compllfint appealed, , amon~ w g. plied' Wlth. It does not appear that the th 'h' h'" f h" 1 t S a The meetmg was regularly re- .. f th P b ' . h fi 0 er t mgs, to t c actJon 0 teas yno . db" d tw majority 0 e res ytery 10 t e ve which could be learned from the Stated -queste y two mmlsters an 0 tL _' S d h t k ac1:I'on elders of the Presbytery' mon.r.; smce. yno as .a. en any Clerk upon. request. The Presbytery had '- ' ' to comply With these but rather niple notice of the Commission's llIICeting. b The ongmal call was submitted b ' b' t' th lidity~eclslOns f th P b a '. y 0 Jec I."g to e. Vjl oe res y- Indeed in June, the September date was S'et to the Moderator, tery meetmg, haS' circumvented them. by correspondel)ee, with Dr. .McIntire. He . c. For two months the Moderator Further, the other administrative decis- had erronepusly appointed counsel, · includ- did not respond; , ' ions of the Synod do not appear to have irtg himself, without Presbytery action and d. The call, as sent out by the Stat~ been complied with. The Synod took ac- had continued in the pro~edure despite the Clerk later, was cle~r!y a supple- tion to direct the New Jersey Presbytery to fact that he was duly requested to call a pro mented form of the OrIginal call; . direct the Collingswood Church to restore re nata meeting of Presbytery to appoint e. The Clerk has rea.ron to believe names of certain members- to its roll and counsel, which request he refused. When that the Moderator was opposed to a -issue letters of transfer to persons request- the error was brought to his attention in ~eting of Presbytery at Synod and ing them, and in the event of refusal the early Septembe'r and his right to represent would not call it as indicated by dis- PreS'bytery should do 'ao. The action has Presbytery was being officially challenged cussions in ,the January meeting and been officially commuhicated to the Col- by the Stated Clerk, he had already had the aforementioned two monthS' d~lay. lingswood Church and there appears no three month~ available for preparation. A letter from the Moderator received compliance haS' been given by church or Having come to the meeting in an unofficial just after the call was sent out showed Presbytery. The Commission insists the capacity, he was appointed " counsel fQr that the Clerk had r i ~htly ' . inter- General SYnod, as last court of appeal, pos- Presbytery by the Commission, and he ae preted the Moderator's vlewpomt hy sesses "power of deciding" in all con trover- cepted the position. The Conunission finds his absolute refusal, expressed in his sies respecting doctrine and discipline (Form no excuS'e for the Presbytery's counsel. to letter, to call this meeting. Although of Government, 10.4). We recognize that plead- more time Presbytery on January 24 took action deli.verances of Svn. od are. not binding unless ' " .. to adjourn to the next stated meet- they become amendmentsJ ." to the Constitu- , 'The counsel informed the court prior to ing, this does not S'Upersede the rights tion (Form of Government, 10.5). But to the noon .recess that it was his opinion that of minority to have a pro re nata fail to comply with the decisions ,of the the second complaint should be ruled out by meetmg,. as IS. commo nl y 1m own. Synod and administrativc cases regularly the court and that unless thiS! was done he " . 'bI' could not continue. The Commission, after 2. In the course of the hearing' of the appea Ie d to It, IS as ImpOSSI e m the Pres- d d f 11 . th administrative case regarding the New bytenan· system as f or an A merican citizen stuth y, hannounce d 0 OWlOg I . s: noon recess, ersey Presbytery at the 19th General Syn- to reject" or Ignore a ru l'1O~0 f t h e Supreme at' t. eI secon. comp .alOt, I although 'com- J C W II h J paratlve y lOconsequentla was> in order and od of the Church, the Presbytery was or- ourt. e ca upon t e ew ersey Pres- should be considered. He carried out his dered to meet by the Synod. Evidence was bytery and the Collingswood Church to int~'ntion. presented to Synod relative to the validity rendc:r the above compliance or to stand of the call of the proposed pro re nata meet- the danger of being found in contempt of Under these circumstances,.the Commis ing of the New Jersey Presbytery and the Synod. sion fails to understand • ,w the counS'C1 for instructions of the Synod that the Presby- With regard to the second complaint the Presbytery could relT' ')Ve himself in the tery meet for actions specified, represent a against the actions of the New Jersey early afternoon in a critical part of the . validation of the legality of the meeting. Presbytery in its meeting of May 12, 1956, proceedings -to the detriment of the work of Also in answer to complaint No.1 of tlie we allow the point to be somewhat theo the group assembled from many places, and New Jersey Presbytery, the Judicial Com- retical because the ruling on the stay was against the wishes of the court. The Com mission states, inasmuch as the Moderator allegedly withdrawn during a Presbytery mission feels it amounts to contempt of is! a servant of the body with delegated me.::ting and after the Presbytery meeting is court. authority, and inasmuch as his duties and of less immediate conS'Cquence as it concerns . responsibilities to carry out the will of the the voting powers of certain members. body and to insure adherence to the rules , However, the nature of a stay can only It is not when afflictions are heavy of the church are clear in our Constitution, be interpreted as holding up the force of and fresh that we derive much benefit we can only protest the theory expressed in the particular action complained against. from them. We are stunned at the time. writing by the Moderator of the New Jer- Whether the action is positive or negative We feel little else than the 'blow. It ill afterward that they yield the peaceable sey Presbytery in his letter of March 15 can be of no conSfquence and the Modera- frujts of righteousness. . . Page 10 THE FREE PRESS November 9, 1956 Judicial Commission should have so ruled. Judicial Commission's Minority Opinion When our Church has set down, in its On New Jersey Presbytery law, orderly procedures for the protection of all interested parties, these regulations JUDG\1ENT 0 l' THE JUDICL\L nan Church is to be a "government of laws, sh ould be obeyed before a party can expect' COi\ l:\JISSIO, OF THE BIBLE PRES- rather than of men. " No Synod has any the court legally to summon the defendant BYTt-1UAI\ SYNO D , m~ct i ng in Colum- powel' to add laws to our constitution, or and gather itself for a hearing. Such was bus, O hio, September 13-14, 1956, at the to make determinations in addition to it. not done in this case. (See also Subsection Bible Pr ~ ,h )te ri a n Church in answer to the Only the statements of the constitution it C, in the second part of this Judgment.) complaints against the action of'the Presby- scI f have power to bind the churches or IV. tery (.f N ew J ersey taken in its meeting of presbyteries. Our constitution very definitely limits May 12.1956. II. the powers of the higher bodies of the It is vital to recogni ze that our denomi Church and states that they have no powers T he judgment of the undersigned mem nation is a church with a written constitu beyond those which are specifically ac bc:r;; of th ~ Commission is as follows: tion. E vidence from the practice of other corded to them. Thus there is in our con " \ \'E FIl'l D TIlAT T IlE E C()\>fPLAINTS Presbyterian bodies may be of value as a stitution no power given to the Synod to SllULLD NOT DE SuSTAINED." help to\vard interpnting the words of our order any Presbytery to meet at a particu In presenting this J udgment, We, the un constitution, but only the actual words of lar time or place. At the very most, all that dersigned, find it necessary to protest our constitution have any real authority a Synod could require IS that a Presbytery against the action of certain members of within our churches. hold a meeting; this meeting, however, the Comm;ssion in issuing a mimeographed III. would have to be called by the Presbytery statement headed simply, "Judgment of the Before proceeding to hear any com itself, in accordance with regular procedure; Judicial Commission," instead of calling it, plaints, a higher court is under the respon and the Presbytery itself would have the " l\1ajority Opinion," or some other such sibili ty to ascertain "that a complaint has right to determine the time and piace of title. been regularly made" (Book of Discipline, such a meeting. The mimeographed statement is not the Chapter IX, Paragraph 11). Such regu Synod could not possibly order a Presby unanimous judgment of the Commission. lar procedure is defined as follows: tery to take certain action in advance of the The present writer, Allan A. MacRae, early "N otice of such complaint must be decision by the Synod that S'Uch measures in the procedures on each of the complaints given to the clerk of the court within should be taken. Nor could the Synod expressed his difference of opinion from the ten days. The compiaint itself must validate such measures afterwards as being vi ews expressed by some of the other mem be lodged with the clerk of the higher the carrying out of an order from Synod, bers of the Commission. H e also declared court within thirty days after the no if me action had been taken prior to the hiS intention of submitting an opinion him tice is given." time when Synod issued S'Uch an order. Yet self. \Vhether that opinion would be a ma this is precisely what has been done I jority or minority opinion would, of course, It . was ascertained before the Judicial Commission that in this case "the complaint V. depend on the outcome of the vote of the It is important that we note the exact \ arious members. itself" had never been lodged with the c1qk of the higher court, as required by the law words of the constitution regarding the In the course of tf:te final evening of the of the Church. What actually occurred is calling of pro re nata meetings. The Form meeting in Columbus, the writer found that as follows: On May 12, 1956, two pages qf Government plainly states, Chapter 9, a train would leave in about an hour and a of paper with scribbling and notes had been Paragraph 6, as follows: half, while th e next train which he could signed by certain members of the Presby "The Presbytery shall meet on its own· take would not leave until 3.30 in the morn tery of New J ersey. This document, which adjournment; and when any emergency ing. Under these cricumstances he asked has been called "the complaint," was kept shall require a meeting sooner than the other members of the Commission in the possession of the stated clerk of the the time to which it stands adjourned, whether it was their intention to keep on lower court of the Presbytery and has never the moderator, or in case of his 'ab working so that it would be desirable for been fi led with the clerk of the higher court. sence, death, or inability to act, the him to wait and take the train at 3.30 a.m., Upon exami nation it appeared that this doc clerk shall, wi th th e concurrence, or or whether they would advise that he take um ent was reall y not a "complaint" at all, at the requ est of two ministers and ei the earlier train. He was told that the bu t was a " notice," for it said ; . ders, the elders being of different con other me;nbcrs of the Commission were gregations, call a special meeting." tired and did not expect to work more than " the undersigned hereby give notice anotht:r hour, so that the various aspects of thei r intention to complain to the It should be noticed that this does not of the decision would probably have to -be J ud icial Commission of the Bible say that Presbytery is required to meet se ttled by correspondence. Presbyterian Church." whenever two ministers and two elders de It was thus his (;}..-pec tation that someone T he constitution provides that a com sire it to meet. It says it shall m,eet "when pl ait/I must be signed before it can become any emergency shall requi re a meeting soon elst \\'Iluld wr;tc .In opinion, and that, in r o:_ e he disagreed with it, he also would a legal complaint: Chapter IX, Paragraph er than the time to which it stands ad 11 specifically states that, "if signed by one journed." '.1 rite one, and that these two opinions ,,"ould then he circulated among the mem third or more of the members present when There was no reason fo r the calling of a the ,'ote was taken," it stays the "execution bac of the Commission, so that each mem pro re nala meeting of Presbytery at Synod • of the judgment pronounced until the matter ber 0 f tlte Commission could vot t' for known to those who isS'Ued the call for such be rel·ic:n-cd by the higher cou rt." a meeting, wh ich reason was not known to II Itiche\'cr "i rh . 1\\ () (or more) suggcstl'll opini(JOs he P1 i;.\ hl desire to SUppOI t. In the presence of the J udicial Commis the Presbytery at its previous meeting. N o sion it was brought out that the stated clerk new emerg~ncy had ari~en. Presbytery had Undf'1' thoc ~irl"u1l1 lances, it w s a gre:1t of thl lower court, one of the signers of fully fa ced the issue and it deliberately de ~ urprisl to en';\ '- in the mail a mimro cided to adjourn unti l its next meeting. Our gnpheJ St.1lelJ1l·l't headed, "Judgment of the document, had rephrased and rewritten Form of Government makes Presbytery the judiLial Commission." The writer the document, mimeographed it, attached in typL\nittLn mimeographed form the names alone the judge as to the time and place wi Les to protest against this procedure. when it is to meet. Only in case of special [n regard to the' c',lllpla;nts against the of those \\hom he thus signified as having signed the complaint itself, and then for emergency. unknown to the p re~'io u s meet Prl'sbytcry of • 'Cl\' J rsL'Y, the present ward~d this to the members of the Presbv ing of Pr.:sbytery, maya pro re r/ata meet ,1udgl1ll'nt wOlild lik : to c:l1l attention to tery ant! to the clerk of the higher court.' ing he held lerl;un pl'incipk~ "h;cl! art' clearly stated in 'lUI' nll1stitutit'll The failllrt' of (he complainants to com Our constitution gi ves very defi nite p", with tho.; law of the (hurch in this case, powers to the modaator of Presbytery, 1. wh cn Judging the complaint itseiJ with the one of which is the convening of meetings Ir is it clear IJrin6ple 01 our constitution clerk of the highlr court. means sim ply ( Chapter ) 7). W hen he believes that an that the gO\-ernm..:nr 0 1 tht! Bi ble Presbyte- that their complaint had failed. The emergency requires the ca lling of a special November 9, 1956 THE FREE PRESS Page II meeting he shall do so "with the concur Presbytery which would require such a On March 15, 1956, the stated clerk, along rence, or at the request of two ministers meeting, he is then under no obligation to with the minutes of the meeting of January and two elders." call a special meeting. 14, 1956, issu,ed a mimeographed call for a pro re nata meeting to be held in St. Louis. AN IMPORTANT PARALLEL VII. At th'e end of this call he included the words, The provision about holding a pro re Synod has no power to force a Presby "Signed by the following ministers and el nata f!1eeting "whenever any emergency tery to perform an illegal action. Synod ders." Then he put down the names of the shall require" such a meeting, is not intended cannot require a ,Presbytery to do anything same two ministers and two elderS! as on the to give to any four members of Presbytery which is forbidden in the constitution. petition of January 18th. the right to call a meeting whenever they In the Form of Government, Chapter 9, happen to desire to do so. This fact is When it was asked that the original peti the statement is found that Presbytery has tion, properly signed, be produced before the made very clear by the parallel to the pro the power "to unite or divide congregations, vision of the constitution regarding a pro Judicial Commission the stated clerk pro at the request of the people, but not with duced instead three sheets of paper. One was 1'e nala meeting of Synod. Thus it is stated out thei r consent." This statement very in Chapter 10, Paragraph 9, of the Form dated February 27, 1956, and requested a specifically makes it illegal for a Presbytery pro re l1ala meeting as follows: of Government: to divide a church without the church's con "Pro r'e nata meetings of the General sent. "We, the undersigned, do hereby re quest that a pro re nata meeting of the Synod may be called by the moderator The action of the Nineteenth General of 'the preceding Synod, or, in the case Presbytery of New Jersey of the Bible Synod, ordering the New Joersey P rl..sbytery Presbyterian Churen be held during of his death, absence, or inability to to require the Collingswood Church to give act, by the clerk, with the concurrence the sessions of the General Synod to to a group of its members letters to a new or at the 'request of at least one-third be held in St. Louis to transact the fol church which they themselves were starting, lowing business: ..." of the ministers of the Church and an is thus clearly and unquestionably illegal, equal number of ruling elders." since it requires a Presbytery to divide a This request was signed by only one This statement is closely parallel with congregation without their consent. Pres mini ster and one elder. the statement that the moderator of Presby bytery has no power to make or to recog The other two sheets of paper contained tery} in case of an emergency shall call a nize such a division, and it is clearly un a different document, dated February 29 special meeting "with the concurrence or at co nstitutional and illegal for the Synod to 1956, which was not a request for a pro r~ the request of two ministers and two el try to force it to do so. The demand of Tlala meeting, but which rather presumed ers." However, , the statement regarding Synod in this case, therefore, must be con to be a call, declaring: Synod continues: sidered as null and void. "Cailing of such meeting ,shall be man "We, the undersigned, hereby issue a MISST'7\TEMENTS TN THE MAJORITY call for a pro re nata meeting of the datory if it shall be demanded in OPINION writing by more than half the ministers N ew Jersey Presbytery of the Bible of the Church and an equal number of Exception must be .taken to certain state Presbyterian Church to meet at the elders." ments in the Majority Opinion. time of the 1956 General Synod of the Bible Presbyterian Church in St. If th,is latter statement about the Synod A. Louis." were not included, conceivably it might have The Majority Opinion declares that the These two papers w~re signed by one been argued that whenever one-third of the meeting of the New Jersey Presbytery on ministers of the Church and an equal number mInister, who signed twice, and by three the Ooor of the Nineteenth Synod at St. elders, one of how signed twice. of ruling elders asked for · a meeting of Louis had been legally called by the stated •Synod, the moderator would be required to clerk. These thrte documents thu~ cannot rea call one. Yet such is obviously IIot the case. sonably be said to be proper requests for a Calling of such a meeting is 'mandatory in Actually the stated clerk has no power ever to call a meeting except in the case of supplemented form of the call for a pro re the case of the Synod only if more than nata meeting which was sent to the mod half the ministers of the Church and an the moderator's death, absence, or inability to act. erator. on January 18. On the contrary, equal number of elders demand it in writing. the eVidence shows that one of the minis In the case of a Presbytery, no provision B. ters and three of the elders themsel:ves is given in the constitution wh ereby a small The Majority Opinion says 'that that presumed to issue the call in their own name; group of ministers and elders can make it and the orie document requesting that a mandatory for the moderator to call a meeting was regularly requested by two ministers and by two elders. pro re lIala meeting be held was not even meeting, if he himself is not con'lir.ced that signed by the number of elders and minis an actually new situation has arisen, un The constitution \ nowhere says that, ters required by the cc;mstitution. Yet the known to Presbytery at its last previous whenever two ministerS! and two elders re stated clerk, in hi3 mimeographed call to meeting. The constitution nowhere states quest a meeting, a meeting must be held. the members of Presbytery, said that the that the moderator of Presbytery must call C. ~all had been "signed by the following min a meeting whenever any group of four Isters and elders." desires it. It says ratner that he shall call The Majority Opinion states that the call it "when any emergency shall require one." for the meeting, as sent out by the Stated . Such gross irregularities as these not only It is his duty to det.:rmine whether such Clerk, was a supplemental form of the origi dispute the conclusion of the majority in an emergency has actually arisen. nal' call j yet it should be noticed that the their Opinion that the call was "a supple original call listed one item of business and mented form of the original call," but they VI. this call lists two items of business. . reveal that the document set up by the stated clerk of New Jersey Presbytery never was It is important to notice the precise This change makes the call sent out by tht: words of the constitution which state that signed by the constitutionally required num clerk a very diff erent call from the prior one. ber to make it a proper and legal request. a clerk can call a meeting in case of the The additional item of business was riever sub mod.:rator's "death, absence, or inability to mitted to the moderator to give him oppor D. act." It is nowhere stated that the clerk tunity to determiD!; whether it constituted an The Majority Opinion speaks of "the can call a meeting if the moderator chooses emergency such as would properly require a not to do so. The constitution of the rights of minority to have a pro re nata Church gives no such power to the clerk. pro re nata meetin&, meeting." Actually, there is no such right. If the moderator thinks there is an emer Moreover, it was established before the The constitution permits the calltng of a gency requiring a meeting, he can call one, Commission that a request dated January 18, pro re nata meeting "whenever an emer with the concurrence of or. at the request 1956, for a pro re nata meeting of New Jer gency exists," not "whenever a minority de of four members of Presbytery. If, in his sey Presbytery was sent to the moderator, sire to have a meeting." We should pay opinion, there is no new development which this being signed by two ministerSl and by two closer attention to the precise words of the Wall unknown at the previous meeting of elders of different congregations. constitution. Page 12 THE FREE I.>RESS November 9, 1956 E. When this fact waS' pointed out by the This would be true in the case of any The Majority Opinion sta~es that the defendant Presbytery, the Commission action of Synod. It is particularly true in New Jersey Presbytery and the Colling9- should have honored the motion that the such a case as the present, where the deliv wood Church must comply with the action complaint be dropped, for the questions erance of the Synod is itself in direct con of the Nineteenth General Synod or else raised ~ere then purely theoretical. flict with the constitution, and hence null and void. The only way in which such a "stand the danger of being found in con Moreover, the complaint should have tempt of Synod." decisinn could be made binding, would be been dropped as requested by Presbytery, to go through the procedure required to. es In contrast to this, the express state on the ground that it asserted that the mod tablish it as an amendment to the constitu ments of the constitution make it illegal and erator had made a certain ruling which, ac tion. unconstitutional for the New Jersey Pres cording to his own testimony while defend bytery or the Collingswood Church to com ing the Presbytery, was not his ruling. Fur H. thermore, the moderator of the Presbytery ply with what clearly is an illegal require Exception must also be taken to the state reported that he had withdrawn the ruling ment on the part of Synod. (See Subsection ment in the Majority Opinion that "Dr. that he had actually made, when he learned J. VII, above.) -The Majority Opinion rightly Oliver Buswell is a member of the New Jer says that "deliverances of Synod are not that the complaint had not been signed by sey Presbytery." It is the contention of the ' the one-third legally neceS'Sary to stay an binding unless they become amendments to complainants that the call which was sent action. the Constitution. (Form cf Government out by the stated clerk was the same call as 10.5.)" When, as in this case, such a.deliv G. ~':l:ftI that which had been sent to the moderator erance is itself contrary to the constitution, The Majority Opinion, in discussing its previously. That original request contained it should be considered as null and void no mention of reception of Dr. J. Oliver from its inception. Any attempt to enforce judgment that the meeting of New Jersey Presbytery at the Nineteenth General Syn Buswell into the Presbytery, and such an such a deliverance should mark the one 90 order of business was never submitted to attempting as being himself in contempt of od, as ordered by the Synod, was legal, says as follows: the moderator in any request for the call the constitution. ing of a pro re nala meeting. Even if the Since the Form of Government expressly "We recognize that deliverances of meeting of the New Jersey at the Nine fo;bids a Presbytery to divide a congrega Synod are not binding unless they be Jeenth General Synod could be proved to be tion without itS' own consent, any attempt come amendments to the Constitution. a legal meeting, it would have no right to of Synod to compel a Presbytery to do this, . (Form of Government 10.5.) But to act on business not included in the original by requiring a church to give letters to a dis fail to comply with the decisions of call. In view of this, it is difficult to see sident group which desires to pull out and the Synod in administrative cases reg how any reasonable argument can be made form a new congregation, or which has al ularly appeakd to it, is as impossible for considering the action of the pro re nata ready done so, is strictly cOiltrary to the in the Presbyterian system as for an meeting in receiving Dr. Buswell into the constitution. Such an order is of necessity American citizen to reject or ignore a Presbytery to be! a legal action, utterly irre null and void from its inception, and can ruling of the Supreme Court." spective of the lar~er question of the legal not legally have binding force on anyone. In dissenting from this view, we, the un ity of the meeting Itself. F. dersigned members of the J udical Com HH mission, would draw attention to the fact In the third ' full paragraph on page 2 of that the constitution of the Church posi It is necessary to make strenuous objec the Majority Opinion, we must 'dissent from tively as'Serts that no action of Synod can tion to the last half-page of the Majority the statment as to a stay "that whether the bind the consciences of men, local churches, Report, in which severe strictures are taken action is positive or negative can be of no or presbyteries, unless that action becomes against the fact that Dr. Carl McIntire and consequence. " an amendment to the constitution itself. those associated with him as' counsel for the A stay cannot force a Presbytery to per New Jersey Presbytery, left the court in the It is clear that the above quotation from form an action; a stay can only restrain it course of the afternoon. the Form of Government applies to more front performing an action. than just deliverances, for this paragraph The second complaint against the New Suppose a motion were to be made in a twice enumerates: "deliverances, resolu Jersey Presbytery dealt with an incorrect Presbytery to receive into membership 15 tions, overtureS', and other actions of the quotation of a ruling, which ruling itself members of another body outside the Bible General Synod," saying: had been withdrawn by its maker since it had Presbyterian denomination. Suppose the . become evident that other sufficient rea majority were to vote against receiving these "Vvhenever such deliverances, resolu sons already rendered any qu estion of a men. It would be surely absurd for the tions, overtureS', and other actions are stay during the meeting purely theoretical minority then to complain against this action additional to the specific provisions of (sec Subsection F above). Under these of the majority and to allege that since this the Constitution, they shall not be r e circumstances the counsel for the Presby complaint by one-third of the members'con garded as binding unless they hecome tery asked that this complaint be dropped. stituted a stay, the 15 men S'hould there anwndmcnts to the Constitution." \Vhen this was n:fllsed, he stated that under fore become members of the Presbytery with This plain statement of the Constitution the ci rcul1lstances he was willing to let the voting power, and consequently be able to cannot be taken to mean anything else than matter rest 011 the factS' already revealed. change the majority decision of the Presby that "other actions," ineluding acliolls (If On the ma ttrr of the first complaint, at tery on every matter which subsequently admilli.flrali'l.' Minority Opinion on N. J. Pl-esbytery KETCHAM REPLIES TO HARRIS (Continued from page 12) Dr. R. Laird Harris, moderator of the the letters or the charges therein contained. Presbytery of New Jersey was taken up "19th Synod" of the Bible Presbyterian In spite of this, at the next meeting of the early Thursday evening, and continued until Church, sent a lengthy letter to the Amster I FCA, it was publicly stated on the floor late at night. It wa9 continued all Friday dam headquarters of the International that Dr. Garman claimed to have letters morning and into the afternoon. Thus Dr. Council of Chri.stian Churches contatntng which no one had ever seen. Now any dis McIntire spent more than a full day acting various allegations against the American position to be fair about this matter would as counsel before the Commission. Near the Council of Christian Churches. indicate that your charge that "the letters time of his first appearance he stated that Dr. Robert T. Ketcham's reply to Dr. were kept secret" from them cannot be sub obligations in Collingswood made it neces Harris was read to the executive committee stantiated. sary for him to start for home before the of the ACCC in Waterloo, Iowa, and the You further state that Dr. Starn, who has end of the day on Friday, and it was partly executive committee authorized the publish a son working with the A.I.M., went into the in view of this fact that the Commission met ing of it. The letter in full follows: charges thoroughly and has proven that the at such great length on Thursday evening. October 16, 1956 charges were "totally without foundation." In defending New Jersey Presbytery, the Now, Dr. Harris, I happen to be a member Dear Dr. Harris: counsel for the defense sought during these Df the committee that sat in Dr. Starn's of many hours to give full reply to many of the Thank you for your patience in walttng fice in Faith Seminary that day when his matters which the complainants presented for my promised reply to yours of August son's letter was read to us, and it doesn t to the court. In the course of the presenta 31. In reply to that letter I find it neces "totally" do any such thing. While his son, tion, various specific reasons emerged which sary to go back and review your letter to in that letter, did disclaim the practice of had not been mentioned in the complaint at Dr. J. c. Maris of Amsterdam, written ap any A.I.M. physicians in exa~ning pros all. Now that these were known, Dr. Mc parently in late April of 1956. The letter, titutes, nevertheless he did admit that the Intire requested that he might be given time however, is not dated. word "prostitute" was included in the con to gather evidence and to prepare adequate In your letter to Dr. Maris you outline tract or agreement whIch the missionary has answers to them. This had to do with mat several difficulties which the Bible Presby to sign, and that he saw one such contract ters both of testimony and of law. He terians found in relation to the American signed by a missionary where the mission stated that if thus given the right guaranteed Council. I would like to discuss them with ary had taken his pen and 'drew a line by Chapter IX, Paragraph 6, of the Book you in particular now. The first one to through the word "prostitute." The re of Discipline, he would be glad to present which I caU your attention is at the top of buttal of our charges is that the govern the answers in writing to the members of the page two, where you are referring to the ment never did ask for any such practice on Commission for consideration and decision, charges made concerning the practice of the part of missionary doctors, in order to or to present them personally at a later meet some doctors in the Belgian Congo. You receive government aid in their medical ing of the Commission. If this right were de say, "the IFCA was never given any satis work. Well, Dr. Harris, then I would nied him, he did not feel that anything faction with regard to the facts of these like to ask you what the word "prostitute" would be gained by an attempt on hjs part matters, and the charges were made on the was doing in the contract, and why was it in to present further material at that tim'e. basis of letters kept secret from them." Dr. there in such a fashion that one missionary, Under these circumstances he asked to be Harris, this is absolutely not the case. At at least, felt conscience bound to cross it excused from further attendance at that that time the executive committee of tlle out before he could sign it? Thank God, particular session. The request of Dr. Mc ACCC was composed of some seven men. there was one missionary who did cross it Intire was altogether reasonable, and the These entire seven men, together with Dr. out, but that fact in itself does not prove I strictures against him in the Majority Opin Bordeaux, sat in Dr. Garman's office in that there were other missionary doctors ion are quite unwarranted. The very ex- Wilkinsburg for three or four hours with who did not cross it out. So I doubt if you treme statement, "The Commission feels Dr. William McCarrell, Rev. Nye Lang can make your claim that Dr. Starn "proved it amounts to contempt of court," is partic made, and Rev. William Ashbrook. These the charges were totally without founda ularly to be deplored. three men constituted the committee from tion." You say, "There just was no sucl1 the IFCA which was there for the purpose licensing." Then will you explain the pres CONCLUSION of going into this matter under discussion. ence of the word "prostitute" in the con tract which one doctor, at least, crossed out? In conclusion, it is the judgment of the During that conference Dr. Garman said undersigned members of the Judicial Com that he would not allow the mp.mbers of T come now to the second paragraph on mission that the complaints. against the that committee to see the siglla/llles on the page two of your letter to Dr. Maris in Presbytery of New Jersey should be dis letters which he had on his desk, but he did which you take up the matter of the Ameri missed. read to them the sections of those letters can Council statistics. You say that your which dealt with the matter under discus Synod took action some years ago asking I t should be pointed out that a clerk of sion. His purpose in not allowing them to that the American Council statistics be pub a presbytery has no power to call a pro re nata meeting unless the moderator is un see the names was in order that the infor lished. YOLI then add, "We requested this mants' identity should not bec;ome public without success." You add further, "Fi able to act, and that any action wbich is property to be bandied about with the pos taken by such an illegal meeting, is, of ne nally after Ollr Greenville ynod in 1953, cessi ty, null and void. sible danger of reprisals because of their in thesl' statistics were published." ow, Dr. formation. Dr. Garman felt, and rightly Harris, just as that statement stands, you Finally, it should be recognized that the so, that he had an obligation to protect the are guilty of either deliberate misrepre action of the Nineteenth General Synod in identity of hi. informants. Let me say here sentation or ignorance of the facts. I can the earlier complaint against the Presby that the entire executive committee, man by not bring myself to a conclusion that it is tery of 'ew Jersey is unconstitutional and man, before the coming of the I FCA repre the formel', therefore] must conclude that therefore null and void. sentatives, pa$scd tho~e letters from one to it is the latter. The facts are as follows. the olher, reau them. and saw the signatures. Tn 1952 I was appointed chairman of the ALLAN A. MACRAE But Dr. Garman would not ren:al the sig Committee on Statistics, and was instructed AIember of the Judicial Commissio11 natures to the~e rrpl'csentati\"es because, and authorized to get a true and authenti as J have said, 01 the f.:ar of repri "also 'ow, cated statement from each of the general I have ever had to complete. I t waS' just Dr. I Iarri~, eight men in th:1t office that da\' constituent hodies in the American Coun well-nigh impossible to get these represen read the letters, and saw the signatures. cil as to what their actual membership really The other three had the letters' read to tatives oi the various denominations to 1I.IS. [ was also instructed to work out some answer in any intelligible fashion, and often them but wcre not plrmittcd to sec the sig kind of satisfactory solution concerning natures. I call your attention to the fact times it waS' necessary to ~pend months to the other categories of membaship. lim try to find out who the proper man was to that it was th.· .,if/IIl/llIfn (JIlII' which were mnliately went to work on the matter and contact. The result was that after more l-cpt secrd from thost: three ;ncn, and not [ollnd myself with one of the toughest jobs than a year of hard work, I had only about Page 14 THE FREE PRESS November 9,1956 seven of the 'general 'constituent bodies on constituent denomin~tions and say, "There basis for some of the figures which we in record. In view of thi9, I did not present a is a feeling that it was overdrawn a little clude in' our statistical report. On several !~port 'at the Los Angeles Convention. bit by including 'constituents along with' occasions I have pointed out that these peti Withqu.t consulting !De a$ to whether I was ·members. . Thus the communicant member tions came back to the Am'erican Council ready to rj:port or not, Dr. Hordeaux put &hip of the Bible Presbyterian Church is office in such tremendous quantities that they an item on the program that I was to re listed as between eight and nine thousand. A constituted a row of bundles several bundles port on statistic9. I, wrote him and protested category called ' 'constituents' has been put high along the side of a room. I have de such IIction;- advising that I was in no posi in our minutes for several years, from what clared publicly that I personally helped to tion to bring any kind of final report. I did, . source I do not remember, and we have not go ove'!' these petitions in some kind of a however, write quite an extensive letter to cut this out of our statistics. The American fashion which would be fair and honest in the executive committee of the Council and Council's statistics blanks ask for members determining approximately how many names addressed it to them at the hotel in Los An phis constituents, and tlrey always choose were· on them. Obviou5'ly it would take a geles in care of Dr. Bordeaux. This letter the larger n~mber' to publish, listing the number of men many days just to go down 'was read to the committee. I stated the, Bible Presbyterian membership as 13,.000 or each petition and make an actual count on actual figures ,of' the six or seven denomina more." Now, Dr. Harris, I have explained each blank. We therefore followed the tions that!. had finally received reports on, this so often that it isgettinl$ to be a bit procedure which is followed by all reputable which totalled 117,000. I pointed out that monotonous but we will do It once more compilers of such ligures, namely taking this was by no means a final count-it was for the sake of the record. The onIi rea several hundred of the blanks, and making only a partial count, and under no considera- son that, as chairman of the statistica com an accurate check of them, and then using , tion was it to be released, and that this letter mittee of the American Council of .Chris the result of that as the basis for the de was not for publication, but simply for in tian Churches, I listed the total membership termining of the total figure. Upon the fOl"\llation as to progress. I expressed the of the Bible Presbyterians on the higher lig basis of that cross check, it was determined hope and desire that by the next annual meet- ure is because that is exactly what I was that there were approximately 800,000 t ing in 1954, I would be ready to report. To told to do by whoever it was who signed the names on those blanks. Yiou and your colo' my utter amazement, Dr. Bordeaux released statistical questionnaire. In order to keep leagues ar.e now claiming that there was not tha t letter from the New York office, making the record strai~ht, let me quote again from such a large number of these petition blanks copies of it for some who asked for it, and it th;lt questionnaire. Question 4 says, "Total as we claim, and that "Dr. Buswell assures in tum was passed around all over the coun present membership of your churches (by ",e (you) that there were only three or four try. It 'got into the hands of Dr. Rayburn; "present" we mean the last available figure ' pile9 about the height of a person's desk." it got into the hands of Max Belz; also into in yo~r possession. By "membership" we This "assurance" by Dr. Buswell is rather:. the hands of Rev. Newton Conant and Rev. mean· only those who are actually members interesting.' I do not remember if you were Francis Schaeffer. Mr. Belz came out with of your .churches_Y " Question 5 of the ques presen t at the St. Louis Synod meeting when an editorial in his little paper in Iowa in tionnaire reads as follows : "Number of I was a guest speaker. If you were there you which he said something to this effect-Why other members. (By "other members" we will recall that some time late in the after doesn't , the American Council leadership mean those whom you may consider as ac .noon, after sitting there all day and hearing admit that it has 117,000 members and tell tive in your church but who are not as yet my name bandied about as'one who had mis the truth? Later Mr. Belz wrote to Dr. Mc actually members. For instance, in some represented . facts, I finally asked for the faithful to the trust which these petition sign istenee was there ever a word raised by any second reason was that I had to leave in 15 en nad placed in us, when they affixed their representative of the Bible Presbyterian minutes ror the airport. In the short dis signatures to these petitions. On the other group, or of any Synod in it, concerning any cussion on th~ phone I said, "Just what is hand, I pointed out to the commitee that we of these matters which you now state form your trauble WIth Mdntire?" and' to my must assume that many of them were dead, the major factors in your withdrawal from amazement this was the reply-and I was and that no doubt many more of them had, the Council. If they are so suddenly wrong so amazed that I asked for it to be repeated. since signing these petitIOns, come into actual . and- evil and false now, why were they not Here is the reply; "Well, Dr. Ketcham, membership in general constituent churches, so for more than ten years? I make no some of tile boys are determined that they which would amount now to a uuplication. effort to determine the cause for this, but I are going to show McIntire that he cannot So, for a year or more it was being discussed will state some facts. It is a: fact, Dr. always have his way right or wrong." Well, by some of us as to how we could honestly . Harris, that not a word -Of criticism about Dr. Harris, that is certainly a commendable and faithfully deal with this category. I the statistics .or the constitution'al provis objective in life I I Or is it? do not 'definitely recall who it was that sug ions for a classified membership was ever And now I come to the statements in your gested the scaling down of these ligures on raised by any of your group, until you be letter to Dr. Maris concerning proxy voting. an annual ratio. As my memory serves me gan to have internal rebelltons against t.he You make some rather sweeping statement$ now, it was Harllee Bordeaux, but I would person and leadership of Dr. Carl McIntire. in this regard. You state that "It has been not be certain about this. ~t any rate, I Please understand I am not here at this point said that on some occasions as many as 40 included as a recommendation in my report taking any position as to whether the in per cent of those who voted at the American this suggestion, at Boston, and it was un ternal disturbances of the Bible Presbyte Council meetings were proxy votes." You animously adopted. And this unanimous rians concerning Dr. McIntire and his lead further state, "At Grand Rapids I under vote was concurred in by the representatives ership are justified or unjustified. That is stand that around a dozen Shelton College of your own Bible Presbyterian group. A certainly not for me to determine as an out students were serving as proxies." In your minor correction needs to be made in your sider. But one fact I do know, and that is letter to me of August 31 discussing this statement that it was decided to cut them this---that we never heard of any complaints matter of proxy votes, you say that your down 10,000 a year. The decision was to from the Bible Presbyterians about the af "knowledge of the proxy voting begins, I cut the individual constituent membership fairs of the American Council of Christian guess, with the sessions of the ACCC in Cali down at the rate of 5,000 per year, and the Churches until we began to hear complaints fornia." As to that particular S'ession, Dr. in<\ividual auxiliary membership was to be emanating from your group concerning the Harris, I cannot speak with firsthand per cut down at the rate of 11,000 a year. So person and leadership of Dr. Mcintire. sonal knowledge because I was not there. it really mealU\ that 16,000 a year is coming They seemed to be simultaneous. One is I have, however, written the general con off from these original figures. almost forced to the conclusion therefore stituent voting bodies who were there, and Again you state that "Due to the insi!ltent that your complaints now registered against asked the question, as follows; "At the requests of the Bible Presbyterians they the Council itself are rot so much for the meeting in Los Angeles some years ago, who have no longer been caUed members, but purpose of complaining against the Council were your official representatives who were since Grand Rapids were called adherents." as for the purpose of a further repudiation actually members of your denominatiQn, Dr. Harris, I must insist that the change to of Dr. Mcintire. It has been this procedure and did you have proxy representatives the term "adherents" was not made on any which has irritated all the other constituent present anil voting, and if S0 who?" bodies in the American Council. As I told such "insistence." Again mar 1 say that rHere Dr. Ketcham gives in detail the some of us had been wrestilOg with the ' a group of your men one day, "If you fel lows have a I;trievaJlce against Dr. McIntire, names and denomination of every delegate problem as to what to call these people for to the American Council conventions from a long time, and at the Grand Rapids meet real or fanCIed, and you conclude that he needs to be chastised, then let me urge you the ~os. Ang~les meeting to the Memphis ing it was I myself who took the floor and meetmg inclUSIVe, as recorded in the minutes suggested that this category be called ad to go over behind the doors of the Bible Presbyterian Synod and do your chastising of those meetings. Anyone wishing these herents instead of members. Of course, I names may procure them by writing to The realize that the Bible Presbyterian-s had there, and stop making the American Coun ci! the public whipping grounds for your Free Press, 1630 S. Hanover St., Baltimore been wanting this category changed but so 30, Md.l ' did the rest of us, and finally we came to tlte supposed bad boy." Now, there y'ou have it, Dr. Harris. conclusion that the word "auxiliary" was On another occasion I said to some of not a good word, so we just made them "ad_ These a're the records from the minutes and herents" instead, and everyone seemed to your men "You fellows, feel that you have to from the statements of those responsible be happy about it. In fact, Dr. Harris, the shoot at Dr. McIntire, and so insistent is for these various constituent bodies. I Bible Presbyterians themselves were so your urge to shoot that you sho'ot him no mat therefore challenge both you and Dr. Bus happy about it that they gave assurance that ter on whose premises you find him. If you well, whom you quote, to produce evidence they would ask the next Synod not to con see Dr. J\I[cIntire on the premises of the that at the Grand Rapids meeting "more si~er the overhlre of the St: Louis group to Am~rican C;ouncil! Shelton College or Faith than a dozen students voted who were not WIthdraw from the Amencan Council of SemInary, ImmedIately the shooting starts, members of constituent churches" and that Christian Churches if some action was not and I can say to you frankly, brethren, that on some occasions "40 per cent of those taken elimillating this group completely some of us an: getting tired of being barked voting were pro;..;es." It is true that on one from the records, under any title whatso in the shins by your private war with Dr. Mc occasion and possibly two, actual proxies ever. It was a bit astonishing therefore Intire. If you want to shoot, hold your fire were used, although 10 a very limited num when at that very Synod meeting the Bible for your own Bible Presbyterian Synods and ber. The chJrge of flagrant and widespread Pre~byterians did exactly what they had as quit disturbing.the peace of the rest of us." use of proxies cannot be substantiated and sUEed us in Grand RapiJs they would not That is exactly how I feel about it Dr. it is just one of those things which balioons do. You knew we were working des f1arri , and in view of the fact that 'there up and grows like a snowball every time p.eratdy on t1~is I~latter of getting the statis never was a word of complaint about any somebody gives it another push. At the tICS propt:rly 10 hne and making; every wise of these matters until you began to com cost ?f .hours of.my precious time, and with and careful move we could make to get pl.ain about D.L McIntire in your own baili my lImIted eyeSIght, J have instituted this th.em prop~r1}' de ignated, and right in the ~"IC~ of ~he BIble Presbyterians, I feel I am thorough research, and here are the facts middle of It you Ivalk out on u , not giving JustIfied 10 that conclusion. This conclusion according to the actual records. I note in us the benefit of a little longer time to get is strengthened by reason of a statement your lett~r to Dr. Maris that you say that the thing adjusted. made to me by one of your men one day in It was thIS flagrant use of proxies which con i\ lcmphis. Tenn. I was called On the phone st!tuted one of ~he majt;>r reasons why the On.c t~ing which puzzles me greatly, Dr. and asked to come down to an('"her hotel BIble PresbyterIans withdrew from the Harns, IS that a II of these statistics and r?olU where a group of the Bibll: Presbyte Am~rican Council. 'Veil it may have been all of this membership classification in these rian hays wanted to talk to me about theiT one of your major reasons, but 'it could no, various c~tegories was perfectly satisfactory differencel< with Dr. i\lcIntire. I advised be based upon a major pn:misc of truth. to the Blbll' PrcsbHerians for more than the speaker on the other end of the phone You .ask if I personally approve the use ten years. i'at onc(' during the first ten' that I could not come for two reasons. One rears or so I)f the t\mcrican Council's ex- of proxIes? Frankly, Dr. Harris, J do not ""as that it was none of my affairs, and the personally approve the US!! of proxits, if b) Page 16 THE FREE PRESS November 9, 1956 prvxies it is meant that someone is laid hold rective of the-' 19th Synod they were in of suddenly to vote as a representative of What Brought Things to aHead in danger of being found in contempt. some grouf of which he is not actually a Fifth, there came the call for the pro re member. believe, on the other hand, that The Bible Presbyterian Church? "ala meeting, with the specification that each constituent body has a right to see to it they would consider the actions of the Pres that their quota of voting delegates is full, • In answer to the above question there bytery relative to the directives of the 19th if enough Jf their actual members are pres are several elements. General Synod, which reveals the carrying ent and on the.800r. I believe however that such action should not be arbitrary on the One is, we think, that a majority of the out of the plan of declaring the Presbytery part of somebody present. I believe that churches of the denomintion have let it be in contempt, and the Collingswood Church contempt, and expelling them from the there should be a standing resolution on the known that they have united with the Bible in books of, all of our constituent bodies au- Presbyterian Church Association. More than denomination I thorizing those who are present, to present a majority of the members of the denomina- When things had clearly gone this far, .as voting delegates, if needed, any who may tion have returned to the American and according to the planning and the an be there from that actual body. My own International Councils of Christian Church- pounced intention of these brethren, it was group, the GARBC, has such a standing es through the Association. The brethren time then for the presbyteries that were resolution that ten men are actually named, who have opposed the American Council remaining loyal to the constitution to take but if any of the ten are absen.t at a meeting felt that the situation was deteriorating action in order to preserve the Church. This of. t.he A.!:nerican Cbuncil! any oth.er Baptist ~nd that something had to be done to stop is what they did. This action, we are happy mtnJster m our fellowship, w~o IS present, It. to say, has met with approval' and in some in- may be h'called uponI to act asD hiS Halternate- . h S econ d'IS th e J ud' ICla . I C ommlSSlOn.., s stances enthusiastic response on the. part of. nO.t .as IS proxy .. no~e, r. ~rrl.s, t at decision which revealed the position of the many of the people in the denommation. thiS IS exactly the situatIOn as obtams m your . . d h 19 G own group. The Synod meeting in St. Louis maJoTlty, as r~presente. ~t t e . th en- Every effort was exerted to keep the peace 'n J t' 1955 d t d tl f 11 . "All eral Synod, thiS Com."Illsslon definitely ' fOI ~ and to remain with these brethren but n Len I uneo aope le oowmg: VI' hi f O. ' ,,:I ministers of the Bible Presbyterian Church, A owmg t ~ ead 0 Dr. J. liver Buswell, they p.recip;tated