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however unfounded, makes a distinction at least formally between the action as it refers to the Assembly, and the action as it refers to these individuals. Were such an allegation true, it would change the character of their act from that of an ecclesiastical and spiritual proceeding, to one done under the mere cloak and colour of such proceeding. The Committee accordingly recommend that the parties called as individual defenders make a separate compearance; for although the General Assembly may be called upon to withdraw from the field, should the case ever come to assume the aspect of a review by the Civil Court of a spiritual sentence, yet the individual defenders who are charged with maliciously doing a civil injury to the pursuer, under the pretence of a spiritual duty, may, on the ground of such a charge, be required, and be at liberty without compromise of their principles, to meet the question thus raised as one which it is competent for a civil tribunal to dispose of.

The Committee, in conclusion, desire to repeat that these two actions contain no conclusion in regard to the pursuer's supposed patrimonial rights, in the Church and Manse of Cardross. If such a question had been raised. by these actions, they must have been directed against the trustees in whom these buildings are vested, and there could have been no difficulty in entering into litigation before a Civil Court in such actions. The decision would have depended on the terms of the trusts, and there would confessedly have been no incompetency in the Civil Court taking full cognizance of the proceedings of the Church's judicatories, and judging of these, so far as necessary for the decision of the civil question which would thereby have been raised, and to the effect of deciding that question. For the purpose of such an action, or an action simply of damages, no reduction of the sentence of the Church judicatory was necessary, and this is the very first instance in which a reduction has been resorted to for obtaining redress against the alleged wrongful proceedings of a non-established religious communion.

The Committee cannot conclude this Report without ex

pressing their thanks to many members of other Noncon-
formist Churches, both in Scotland and in England, for the
sympathy they have largely expressed towards the Free
Church in this conflict, and for their disposition to sup-
port her in maintaining the great question of the spiritual
independence of all Nonconformist Churches.

EDINBURGH, 18th January 1860.

ALEXR. BEITH, Convener.

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INDEX.

Aberdeen College, Visitation of, 84
Addresses, Moderator's, 3, 266
Address to the Queen, 19, 113, 275
Address, Pastoral, 265

Aged and Infirm Ministers' Fund, 112
Grants from, 257
Anderson, Major-General, Speech of, 61
Ante-Disruption Ministers, Fund for, 172;
App.
ASSEMBLY-

Roll of Members, 277
Constituted, 1

Diet of, for Prayer, 11

Next Meeting of, appointed, 266
Closed, 275

Accommodation, 206

Papers, Printing of, 80; App.
Hall, 208

Ayr, Presbytery of, 48

Balfour, Mr, of Rothesay, Speech of, 91
Balfour, Mr James, Speech of, 216
Balfour, Mr, of Holyrood, Speech of, 257
Barbour, Mr, Speech of, 62
Begg, Dr, Speeches of, 159, 235
Beith, Dr, Speech of, 135
Behari Lal, Speech of, 196
Bills, Committee on, Report of, 11
Blackie, Dr, Speech of, 85

Bonar, Dr, Speeches of, 14, 60; App.
Boswell's, St, Congregation at, 43, 263
Buchanan, Dr, chosen Moderator, 3
Speeches of, 94, 114

Buick, Mr, Speech of, 52

Burns, Dr, of Toronto, Speech of, 171
Cameron Mr A., Case of, 31

.

119 Cardrosse, Report on, 218; App.

CASES O

'Meigle, 21

Rafford, 23

Mr A. Cameron, 31
Sanday, 260

Chaplains, Prison, 265

Charges Sanctioned, 254

Church Building Committee, Report of, 206;
App.

Colleagues and Successors, 256

Collections, Report on, 172

Collections Appointed, 253

College Endowment, 83

College Committee, Powers of, 82

College Report, 80; App.

College at Aberdeen, Visitation of, 84
Colonial Committee, Report of, App.
Commission Appointed, 265
Commissions, Report of Committee on, 11
Committees, Standing, Regulations anent, 43
Travelling Expenses
of Members of, 218,

265
Appointment of, 263

Conningsburgh, Congregation at, 96

| Continent, Report of Committee on, App.
Cowan, Charles, Esq., Speech of, 83
Cunningham, Principal, Opening Sermon, 19
Speeches of, 1, 82,
93, 138, 207, 225
Dalziel, George, Esq., Speech of, 100
Davidson, Major, Speech of, 199
Deacons, Overture on Duties of, 113
Debt Extinction, Report on, 205; App.
Deputation from English Presbyterian Church,

142

Deputation from Irish Presbyterian Church,

52

Dickson, Wm., Esq., Speech of, 185
Discipline, Overture on, 249
Division Lists, vii-xvi

Douglas, F. B., Esq., Lord Provost of Edin-
burgh, Speech of, 210

Douglas, Mr, of Bonhill, Speech of, 91
Duncan, Dr, Speech of, 39

Dunlop, A. M., Esq., Speeches of, 182, 215,
242

Education Committee, Report of, 177; App.
Vice-Convener of, ap-
pointed, 264

Education, National, 186
Examination Board, Report of, 84

Ferguson, Mr, of Bridge of Allan, Speech of,
214

Finance Select Committee, Report of, 206;
App.

Findlay, Mr, of Houston, Speech of, 81

Fische, Rev. George, of Paris, Speech of, App.
Foreign Missions, Report on, 187; App.
Form of Process, 234

Fraser, Mr, of Paisley, Speeches of, 89, 243

Fraser, Mr, of Coll, Speech of, 212

Funds, Special Appeals for, 250

Gault, Mr, Case of, 45

Gentle, Mr, of Alves, Speech of, 26

Gibson, Professor, of Glasgow, Speeches of,
16, 90, 184, 234

Gibson, Professor, of Belfast, Speeches of, 52,
126

Gibson, Counsellor, Speech of, 53

Glass, Rev. Charles, of New Brunswick,
Speech of, App.

Glenelg, Synod of, 46

Gordon, Mr, Case of, 260

Government Schools in India, 204

Grierson, Dr, Speech of, 224
Hall, Assembly, 208

Henderson, Dr, Speech of, 81
Hetherington, Dr, Address of, 147
Highlands, Report on, 55; App.
Highland Committee, Instruction to, 264
Hislop, Mr, of Nagpore, Speech of, 193
Home Missions, Report on, 64; App.
Houses for Working Classes, 235

Hutcheson, Mr, of Johnstone, Speech of, 111
Jamieson, Mr A., Case of, 258

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