234 HISTORY OP opinions prevailed most, were not consistent parts of the Pres- byterian Church. After the close of the session, and during the year prior to the next session of 1838, the time was busily em- ployed in preparing for a renewal of hostilities. At length the G-eneral Assembly of 1838 met. The commissioners from the different bodies appeared, and among the rest the commissioners of the four excluded synods. The Moderator of the Assembly refused to recognize a motion that these members be received ; whereupon the rejected commissioners, with those who advo- cated their claims to a seat in the Assembly, united in disclaim- ing the authority of said moderator to refuse to recognize the above motion, and subsequently elected a new moderator and clerk, and organized themselves into what they claimed to be the Constitutional Assembly of the Presbyterian Church. While the latter body was transacting their business in the First church, (Mr. Barnes's,) the old body remained in their seats and trans- acted their business also as the General Assembly of the Church. Among important acts of the Assembly at each session, is the election of trustees to represent said Assembly as a corporate body. The two Assemblies accordingly elected two sets of trustees to fill vacancies, who subsequently claimed seats in the board; but a majority of the sitting members of the board decided in favor of those elected by the Old School Assembly. As there was considerable church property held by the trus- tees for the Assembly, it became a matter of importance to know to which Assembly the property belonged. The dis- carded trustees accordingly commenced a suit in the courts of Pennsylvania, and their claim to the property or trusteeship was allowed by the decision of the Judge. The case, how- ever, was appealed, and the Superior Court granted a new trial. But as the Chief Justice had advanced legal opinions adverse to the claims of the New School party, the suit was very properly discontinued. Since the above period both As- semblies have met statedly, and transacted their business, each
