\ mm X /// the Matter of the Complaint against Egbert C. Smyth and others, Professors of the Theological Institution in Phillips Academy, Andover. The Andover Defence. DEFENCE OF PROFESSOR SMYTH; ARGUMENTS OF PROFESSOR THEODORE W. DWIGHT, PROFESSOR SIMEON E. BALDWIN, HON. CHARLES THEODORE RUSSELL, AND EX- GOVERNOR GASTON ; EVIDENCE INTRODUCED BY THE RESPONDENTS; Dec. 28, 2g, 30, 1886; TOGETHER WITH THE STATEMENTS OF PROFESSORS TUCKER, HARRIS, HINCKS, AND CHURCHILL; Jan. 3, 1887. .5 <,>*'-•» BOSTON : CUPPLES, UPHAM, AND COMPANY, Z\\t ©IB Corner J3oofestarE, 283 Washington Street. 1887. h^ CONTENTS. PAGE I. Professor Dwight's Argument 5 II. Evidence introduced by Professor Baldwin . . 92 III. Professor Smyth's Defence 97 IV. Testimony of Newman Smyth, D.D. .... 181 V. Testimony of Professor Harris 184 VI. Testimony of Professor Hincks 187 VII. Testimony of Professor Tucker 189 VIII. Professor Baldwin's Argument 191 IX. Hon. Charles Theodore Russell's Argument . . 209 X. Ex-Gov. Gaston's Argument 256 XI, Statement of Professor Tucker 272 XII. Statement of Professor Harris 284 XIII. Statement of Professor Hincks 300 XIV. Statement of Professor Churchill .... 307 Mil???? 1 > , ' 1) > J Before the Board of Visitors. In the Matter of the Charges against Egbert C. Smyth and others^ Professors^ etc. PROFESSOR DWIGHT'S ARGUMENT. To the Reverend and Honorable Board of Visitors of Andover Theological Seminary : This is an extraordinary case in many of its aspects. I call your attention in the first place to the mode in which it has been presented to your Board by the self-constituted accusers of the Professors. In doing this I refer to nothing outside of the papers be- fore your Honorable Board. Mode of Presenting the Case. In a paper dated July 23, 1886, four gentlemen, viz., J. W. Wellman, H. M. Dexter, O. T. Lanphear, and J. J. Blaisdell, presented a paper to your Board making so-called " charges " against five Professors in the Andover Theological Seminary, whom they named. They stated in this paper that they were constrained "from a sense of duty" to bring complaints against Professors Smyth, Tucker, Churchill, Harris, and Hincks. After setting tliese complaints out at some length, one of them, J. W. Wellman, signed his name as trustee of the seminary, and the others, viz., Messrs. Dexter, Lanphear, and Blaisdell, signed their names as a " committee of certain of the Alumni." I do not propose now to speak of the intrinsic nature of the charges themselves, on which comment and criticism 6 were made before your Honorable Board at a recent meeting on October 25th. These gentlemen, however, under an order or intimation made on November 8th by you, amended or attempted to amend their complaint in a way hitherto unex- ampled in legal practice, apparently dividing a joint com- plaint into separate proceedings against each Professor. What was, however, worse than all, they ceased to describe themselves as a committee, and henceforward appear in their own individual names by an attorney. To this course of proceeding the Professors by their coun- sel make and have constantly made strenuous objection. I call particular attention now to the evidence of duplicity and underhanded methods on the part of these complainants in having with apparent untruth described themselves as a *' Committee of the Alumni." The object of this description apparentl}' was to gain a credit for their charges by appear- ing to act in a representative character. There was in the statement an implied suggestion of a meeting of certain Alumni, by whom they were appointed a committee. This number was shadowy and uncertain, it is true, but the state- ment that there were Alumni behind them was calculated and, it is believed, designed to make an impression upon the community. As it now appears, these four men comprise all the Trustees and all the Alumni who engineer this move- ment. If three of these men are a committee at all, they are self-appointed — "a committee of the whole." The men asserted by implication to be behind them are " men in buck- ram " — like the eleven of the immortal Falstaff, at one time formidable in their indefiniteness, but now subsiding into three. I say that for such conduct these signers have for- feited the confidence of all candid, truth-speaking men, and I add, with Prince Hal, " What slaves are ye to hack your swords as ye have done and then say it was in fight ? What trick, what device, what starting-hole can you now find out to hide yourselves from this open and apparent shame?" Conduct like this at the Bar would gain the scorn of the legal profession. We believe that before your Board it will receive the treatment it richly deserves. It is unfortunate for the interests of the respondents that in a tribunal like this there are no settled rules of practice. We are driven to supposed analogies with other branches of law more or less similar. The closest analogy seems to be that of the practice in the English Ecclesiastical Courts, or in Admiralty. In fact, Chief Justice Shaw, in Murdock v. Phillips Academy^ 12 Pickering, 262, 263, refers to the rules to be found in Burns' Ecclesiastical Law. According to that case, these things must concur before your Board ; " 1. A monition or citation of the party to ap- pear. 2. A charge given to him which he is to answer, called a libel or complaint. 3. A competent time assigned for the proofs and answer. 4. A liberty for counsel to defend his cause, and to except against the proofs and witnesses. 5. A solemn sentence, after hearing all the proofs and answers." There is absolutely wanting in the present instance the first two of these. There has been no citation, and there is in the •proper sense no libel. What we have to do with at the pres- ent moment is the libel, or, in more ordinary language, the complaint. This is vital, for in the same connection the court in the case cited from Pickering's Reports says, on p. 263 : " These rules indicate the course which must in substance be pursued by everi/ tribunal acting judicially upon the rights of others." And this remark, by the precise terms of the de- cision, includes proceedings by the Boards of Andover Theo- logical Seminary. A " libel " implies three things : A plaintiff, or " promo- ter ; " a statement of a cause of action, or ground of proceed- ing ; and a defendant, or respondent. One of the fatal defects in this proceeding is that there is no legal representative of the interests adverse to the respondents. To define a " libel " we turn to the source of information indicated in the case in 12 Pickering, viz., Burns' Ecclesias- tical Law : " A libel is a declaration or charge drawn up in writing on the part of the plaintiff, unto which the defend- ant is OBLIGED to answer." This statement of course im- plies that there must be both plaintiff and defendant, and that the latter is required by some rule of law to answer. 8 This is not a case in which your Board can proceed of its own motion to a trial of the respondent. There may be cases in which an ecclesiastical judge may proceed ex officio. Burns, however, says that proceedings which touch freehold, debt, trespass, and the like, concern matters between party and party (Lond., 1797, 6th ed.). There is substantially a freehold in the present case, as the Professors hold office during life, and accordingly have a free- hold or life interest in their office. This interest is pro- nounced by the court in 7 Pickering, 330, 1st paragraph, to be a " valuable property." Even if an ex-officio proceeding were proper, it has not been resorted to in the present case. The ordinar}' method of proceeding by parties has been se- lected. But this theory is impossible, for these signers have no interest in the matter and cannot possibly be parties " aggrieved." If the case be wrongly conceived, the names of the signers cannot be ignored. But what is still more decisive is that an ex-officio proceed- ing is solely applicable to a criminal case. The ecclesiastical law follows the canon law in this respect ; and the bishop or his official proceeds " from the mere office," induced by pub- lic fame or the relation of credible persons to inquire into the innocence or criminality of persons within his jurisdiction (Browne on the Practice of the Ecclesiastical Courts, bound up with Browne on the Civil and Admiralty Law, 1st Am. ed., vol. i., pp. 502, 503). The present case, however, is not to be* regarded as a charge of crime. It has no resemblance to the ecclesiastical case of deprivation. The object of " deprivation " was not to unseat a person from a particular benefice, but to deprive a clerical person of his office as minister. Loss of a particu- lar benefice would follow, as well as incapacity to be admit- ted to any other like position. When Chief Justice Shaw, in 12 Pickering, 262, refers to "deprivation" in ecclesiastical cases, it is only to show the necessary elements of any prose- cution in a special tribunal like this, whether the proceeding be criminal or civil. Moreover, "deprivation" before an ecclesiastical tribunal is a breach of the law of England on account of the relation of Church and State. It is termed the "king's ecclesiastical law." There is no ecclesiastical law in this sense in the United States. The subject of " deprivation " in English ecclesiastical law is treated with fulness in Godolphin's Abridgment of the Ec- . clesiastical Laws, London, 1680, title Deprivation (p. 306). He reduces all causes of deprivation to three : (1) want of capacity; (2) contempt; (3) crime. The crimes are true crimes in the ordinary sense of the criminal law, such as mur- der, forgery, and the like, or the violation of some statute prohibiting criminal acts. The proceeding in the present in- stance is not for a crime in the domain of criminal law. It is impossible for this Board to try a criminal case. At most, this proceeding is for the violation of a trust, which by the common law is not criminal, but only the subject of a civil action. It has been declared by one of the signers to be a scandalous violation of a public trust. It will be shown here- after, if it be a valid trust, to be a charitable use or trust. These trusts have for centuries been supervised, controlled, and superintended in England by the High Court of Chan- cery, as well as other courts having equitable powers. No other court has assumed jurisdiction to superintend them or to correct abuses in their management. All trust law origi- nated with the Court of Chancery, and trusts still remain the principal objects of chancery or equitable jurisdiction. It is a mistake to suppose that your Honorable Board, if it has original jurisdiction, represents simply the visitatorial power of the common law. This is a statutory tribunal hav- ing powers beyond those conceded to visitors at common law. One very marked distinction between it and the com- mon-law visitor is this : your decisions are reviewable on appeal, while no appeal lies in the case of a visitor. His is a domestic forum. He acts summarily. This is not the case with you. You must follow rules ; you must conduct yourselves as a court, for so the law of Massachusetts, as expressed in the statute-book, as construed by the Supreme Court in 12 Pickering, 262, has provided. Considered as a court or legal tribunal, so far as you review the management 10 of trusts, your jurisdiction is in the nature of equitable authority. Now, it is perfectly well settled that the jurisdiction of equity over trusts is in no respect criminal, but purely civil. -A court of equity is not a criminal court. Its jurisdiction as a whole is purely civil. It is a property court. Your power to inquire into " heterodoxy " is not a general power extend- ing to all trusts of a charitable nature. It is for the purpose of determining whether the rules of a particular foundation in Andover Seminary have been violated, and nothing more. The creed which you examine need not be in itself a truly Christian creed. It is not because it is Christian that you are reviewing the conduct of the respondent. You are sit- ting here because certain men having money at their com- mand long ago concluded to make use of it in a special way, and you are inquiring whether the trust that these men now dead imposed upon the property, so far as it is lawful, is being carried out faithfully by the beneficiaries. That is a pure civil inquiry, in the same way as if the trust had been for instruction in medicine or law. That would be so if a court of equity in Massachusetts were to-day engaged in doing the same thing that you are. Why should you be regarded as holding a criminal court, when the Supreme Court holding precisely the same inquiry for the same pur- pose would be deemed to be holding a civil court? I cite the following authorities to show that a court of equity has no criminal jurisdiction: * Attorney- General v. Utica Insurance Co., 2 Johns. Ch., 379. Phillips v- Stone Mountain Railroad, 61 Ga., 386. Life Association v. Beogher, 3 Mo. App., 173. Davis V. American Society, 75 N. Y., 362. Cohen v. Commissioners of Goldshoro, 77 N. C, 2. Cope V. District Fair, 99 111., 489. Moses V. Mobile, 52 Ala., 198. Attorney- General v. Tudor Ice Co., 104 Mass., 239, 240. 11 Special reference is made to the case in 2 Johnson's Chan- cery, and that of the Attorney- General v. Tudor Ice Co.y, supra. The first of these cases was decided at an early day by Chancellor Kent while presiding in the New York Court of Chancery. He says, on p. 378 of the report, "-if a charge be of a criminal nature or an offence against the public, and does not touch the enjoyment of property, it ought not to be brought within the direct jurisdiction of this court, which was intended to deal only with matters of civil right resting in equity or where the remedy at law was not sufficiently adequate." The Massachusetts case is still more emphatic. The court said : " This court, sitting in equity, does not administer punish- ment or enforce forfeitures for transgression of law ; but its jurisdiction is limited to the protection of civil rights, and to cases in which adequate relief cannot be had on the common- law side of the court or of the other courts of the common- wealth " (p. 240). The administration of trusts in equity is not, accordingly, a criminal proceeding, though it may perhaps be held to assume, as a matter of form, a criminal aspect in certain cases prosecuted in the name of the Attorney-General. These cases are very rare in Massachusetts, and do not include such cases as the present (104 Mass., 239, 240, 244). The last page cited is particularly in point. No support can be derived for a criminal theory based on the doctrines of an information in the nature of a quo war- ranto. That is a proceeding in a court of common law (not equity) to inquire by what warrant a person occupying an office retains possession of it, and may in case of misconduct result in forfeiture. It was originally inform a criminal pro- ceeding, because if the office was forfeited a fine might be inflicted. It is now unanimously recognized b}^ jurists as in substance a civil proceeding, and has by statute been stripped of all criminal aspect in a large number of the American States as well as in England. (See, in England, 47 and 48 Vict., c. 61, § 15, where it is declared that proceedings in quo 12 warranto shall be deemed to be civil proceedings for all pur- poses ; N. Y. Code of Oivil Procedure, § 1983, § 1990; fol- lowed in many other States.) Moreover, there is nothing to show in the amended complaint that the present proceeding is to obtain the forfeiture of an office. The quo warranto^ too, is in the name of the commonwealth before a court of criminal jurisdiction. The result is that the present is a civil case, and that there should be, as in all other civil cases, a true party to the record, prosecuting it because he has some interest in the subject-matter. The course of proceeding, adopted in a New York case, has been approved in an emphatic manner by the Supreme Judi- cial Court of Massachusetts, in Murdoch v. Phillips Academy^ 12 Pickering, 265. Reference is there made, with marked approval, to the case of the Dutch Reformed Church in Alba- ny V. Bradford^ 8 Cowen (N.Y.), 457. There the consistory^ consisting of the deacons and elders of a church, made a speci- fic charge against their minister to the classis, the court hav- ing original jurisdiction in such matters. The consistory, as representing the church where the minister was serving, had an interest in the question. It was in substance the same as if the church itself had appeared as complainants, or much the same as if in the present case the Trustees of Andover Theological Seminary had in their official capacity presented the case before your Honorable Board. It ought never to be overlooked that the relation between the Professors and Trustees of Andover Theological Semi- nary originated in contract. It is not like the origin of title to a public office, in which there is simply an appointment, and in general no contract. How can a dissolution of a con- tract justify a criminal proceeding? Suppose that a similar contract had been made by a college where there was no Board of Visitors, and dissolution of the contract was claimed in the ordinary courts, would there be any criminal element in the proceeding ? Even if the dissolution were for some crime, the proceeding for dissolution would not be criminal, but only for breach of contract. 13 There is nothing in the remarks of the Supreme Court in the case of Murdoch, Appellant, etc., 7 Pickering, 330, opposed to these views. The court at this point was discussing the necessity of making the articles of charge definite and partic- ular, and in enforcing tliat requirement remarked that, by analogy to trials on criminal accusations in the courts of justice and the principles of the constitution, no man can be deprived of his office, which is a valuable property, without having the offence with which he is charged "fully and plainly, substantially and formally, described to him." This remark is by no means equivalent to the assertion that a proceeding before the Board of Visitors is a criminal pro- ceeding. Criminal proceedings are referred to simplj'- as sources of our ideas of justice, precisely as the reference in the same breath is made to the principles of the State con- stitution. Moreover, the constitution of the State prevents you from holding a criminal court. (See Art. 12.) This provides that no person shall be deprived of his property or estate except by the "judgment of his peers or the law of land." This phrase is uniformly held to guarantee trial by jury in criminal cases. There should also be mentioned in this connection a most serious practical objection to this proceeding, if it be right, as we insist, to regard it as of a civil nature. Suppose that this proceeding should not be successful, what is there to prevent four other Alumni from instituting a similar proceed- ing and treading the whole ground over again ? In regularly instituted suits between proper parties a former judgment is a bar to another original proceeding. This is one of the strong- est reasons for having formal parties upon the records of the court. But it is an inflexible condition of the application of this rule that the parties should be the same. If four new Alumni should proceed, the parties will not be the same, and the respondent may thus be subjected to repeated litigations. This tribunal should pause befoi-e it faces such consequences. 14 The Chaeges Considered. I next proceed to consider the charges themselves. As the matter now stands in the so-called amended com- plaint, there is great uncertainty prejudicial to the defence of the respondent. Does the old " complaint " remain? It is not expressly disposed of. Is the new one valid? If sOjtwo cases are pending before the same tribunal for the same cause. This we have objected to, and the two cannot be properly carried on together. Perhaps the amended com- plaint is a substitute for the old one, and that the validity of further proceedings must now be tested by that. We have a right to demand that the court shall require an election by the signers on which they will stand ; and we now demand it. If the amended complaint be a substitute, we insist that it was not competent for the signers to proceed as they have done. They have apparently assumed to divide the former joint proceeding into five separate proceedings. This cannot be lawfully done. This rule has been applied in equity in a case like the present, except that the names of the plaintiffs were divided instead of the respondents. The court would not hear the subdivided cases without the general consent of all parties interested. Appleton v. Chapeltown Paper Co., 45 Law Journal, Ch., 276, decided by a great judge. Sir George Jessel, Master of the Rolls. Instead of assenting to the division in this case, the respondent has constantly objected. But assuming for the moment that the original case can be split into five separate proceedings against the will of the respondents, and that it has been successfully divided, I now reach the amended complaint considered as to its subject- matter, and insist that several cardinal rules of pleading are violated. Violation of Rules of Pleading as to Subject- matter. I. The first three charges are without specifications. They are mere conclusions of law instead of statements of fact ; or it may be said that they are mere inferences of the signers, 15 witlioiit giving any facts from which the inferences are de- rived. It is true that the expression " hereinafter enume- rated " is used in each case, but that is not enough. Accord- ingly, the words " hereinafter enumerated " in each of the first three charges must be confined to what is set forth in each charge by itself. The result as to these is that there are no specifications as to those charges. There is no enumera- tion in connection with the charge. It is required by the sim- plest rules of pleading that each charge should be complete in itself (Gould on Pleading, c. iv., sec. 3). The rule is there stated in this form : " In all cases in which there are two or more counts, whether there is actually but one cause of action or several, each count purports itpow the face of it to disclose a distinct right of action, unconnected with that STATED IN ANY OF THE OTHER COUNTS ; SO that upon the face of the declaration there appear to be as many different causes of action as there are counts inserted " (4th ed., by George Gould, 1861). Moreover, if each of the charges is distinct, it is impossi- ble and absurd to assume that the same specifications and quotations from the writings of the Professors will prove each. If the charges are not distinct, but are mere idle rep- etitions, then the first three ought to be stricken out, and we ought to be relieved from the trouble and expense of contesting them. II. If, however, the fourth charge, with its specifications, be not obnoxious to any criticism of indefiniteness of a vital nature (as we contend that it is), still it is clear that no offence is charged of which this Board has original jurisdiction, even though it be assumed that in certain cases the Board pos- sesses such jurisdiction. It is not one of the cases specified in the article from which original jurisdiction is assumed to be derived. The distinction between the plain original jurisdiction of the Trustees and the assumed jurisdiction of this Board I now place in view by extracts from the statutes. Article 14 of the Constitution of the Theological Seminary provides that a professor may be removed by the Trustees " for gross IG neglect of duty, scandalous immorality, mental incapacity, or any other just and sufficient cause." Article 20 of the stat- utes concerning the Associate Foundation confers whatever power of removal is vested in the Board of Visitors, in the following words, "to remove him (a professor), either for misbehavior, heterodoxy, incapacity, or neglect of the duties of his office." A glance will show that the power of the Trustees is broad and wide, while that of the Visitors is spe- cific and restricted. Of the four instances named, only one can possibly be aimed at in these proceedings. This is " heterodoxy." The powers of the Board of Visitors cannot be extended beyond those named, as they form part of the original con- tract between the Trustees and each Professor. The Visitors have no connection with that contract. They are only to see to its observance. As we have stated, none of these specified grounds of removal can exist in the present case but " het- erodoxy." "Heterodoxy," however, is not charged. It is only alluded to in the fourth " charge " (marked IV.), in the following indirect manner : " We charge that the several par- ticulars of the 'heterodoxy' of the said Egbert C. Smyth, and of his opposition to the creed of the Seminary, and to the true intention of the Founders, as expressed in their statutes, are as follows, to wit." This is not a charge of "heterodoxy." It plainly assumes that " heterodoxy " has been charged in some prior paragraph. On examining the prior paragraphs no charge whatever of "heterodoxy" ap- pears. III. But assuming that there is a charge of "heterodoxy" sufficient in form, there is a preliminary inquiry. What is " heterodoxy " within the meaning of the Founders ? Does it mean a denial of the principles of the Christian religion, or simply a denial of the doctrines contained in the particu- lar Andover creed which the Professors are required to sign? Reference is now made to the Associate statutes, and to a Professor on the " Associate Foundation." This is a highly penal charge. A Professor's contract, made for life, is to be dissolved by a quasi-ind\c\?i[ proceeding. These 17 " Founrlers " drew their statutes themselves. The Profess- ors had nothinoc to do with them. The benefactors, of course, selected their own words. In such a case as that, the settled rule of law is that the instrument and its interpretation is to be taken most strongly against the party who selected the words in ques- tion (Broom's Legal Maxims, 529, and cases cited). The rule finds strong illustration in such cases as policies of insurance, where one party to the contract, viz., the insurers, almost invariably selects the general words used in the instrument. (See Harmon v. Mut. Ins. Co.^ 81 N.Y., 184, where this rule is rigidly adhered to.) It is also a rule that an obscure contract is to be inter- preted most strongly against the party to whom the obscur- ity is attributable ( Wetjuore v. Pattkon, 45 Mich., 439-441). In the present case the rule of the so-called Founders has remained for about eighty years unaltered. The word " heter- odoxy " has during all this period remained undefined and unexplained. Several generations of professors have passed away without their beliefs being judicially called in ques- tion. The word "heterodoxy" seems to he too vague to heeome the subject of judicial inquijy. Observe that no power of removal is granted to the Visitors because the party believes or teaches in opposition to the creed. The ground for removal before this Board is Heterodoxy, and there is no mode of ascertaining what " heterodoxy " is unless resort be had to the ordinary meaning of the word. " Heterodoxy," as commonly understood, is a deviation from the established opinions on the matter of religion. (See Worcester's Dictionary, title Heterodox.) This would not fairly include the present case, for there is at most only a deviation from a special creed, established by three or four persons, having no correspondence with any creed in general use among the members of the particular denomination to which the Founders belonged. It is an eclectic creed, made up, as will be hereafter shown, from divers and even contra- dictory sources. If deviation from the creed had been intended, the Founders should have said so. Power to 18 remove for that cause may, perhaps, be conferred upon the Trustees under the words "other good and sufficient cause." All that we urge now is, that it is not conferred upon the Board of Visitors. Still we cannot refrain from expressing our belief that the " Founders " did not intend to guard assent to their creed by a threat ever suspended over the Professors of removal for "heterodoxy." Their reliance was upon the general character of the Professor and upon his being an "orthodox and consistent Calvinist," and upon his solemn declaration made when he entered upon his duties and repeated every five years. If these could not secure his adhesion to the creed, nothing of a minatory nature could. The fair conclusion, then, is that the word "heterodoxy," as used in Article 20, refers to a departure from the estab- lished tenets of the denomination of Christians to which the Professor belongs. In that view, reference to the creed of the " Founders " is immaterial. The General Merits of the Case. While having perfect confidence in the foregoing views, I proceed to argue this case on the theory that " heterodoxy " includes the case of departure from the special creed of the Founders. In that view I shall maintain that no ground exists for the charges set forth in the fourth (IV.) article of the Amended Complaint. Before taking up this article in detail, it will be necessary to show the precise scope and bearing of the matters in con- troversy. This case presents purely a legal question. Has there been such a departure by Professor Smyth from the aims and purposes of the foundation on which he is placed as to violate the contract between him and the Trustees of the Seminary, and to prevent him from enjoying the benefits of the foundation upon which he is placed. This question in- volves to some extent the law of charitable trusts, and the power of a Board of Visitors acting partly under the com- 19 mon law and partl}^ under provisions of a Massachusetts statute. The first branch of this subject to be considered is the meaning of the expression " charitable trusts." The Law of Charitable Trusts Stated. The first branch of this subject to be considered is the meaning and effect of the expression " charitable trusts," under which it will be claimed by the signers that the pres- ent foundation is to be ranked. The word " charitable " is here a purely technical word, and not to be confounded with its popular meaning of bestowal of alms upon the poor. The great element in a " charitable trust " is that it is public in its nature, and in some form beneficial or useful to man- kind. Such trusts existed as far back, in England, as there is clear historical light, being undoubtedly borrowed from a highly developed system on this subject in the later Roman law, attributable to the general spread of the principles of Christianity, and to the necessity of endowments for the sup- port of hospitals, care of the poor, houses of rest for way- farers, support of churches and priests, redemption of Christian captives, etc. These trusts, introduced into England no doubt by the clergy, have been mainly for the promotion of practical good deeds among men. But few, comparatively, have existed for the mere spread of opinions. An attempt, rude it must be admitted, to classify them is found, in England, in a statute of the 43d Elizabeth (a.d. 1601), Chapter IV. It is by ref- erence to the classifications of this statute that English courts have been largely guided in determining whether a gift is charitable or not. It is a significant fact that none of the enumerations in that statute has any connection with the spread of religious opinions. The poor are referred to, edu- cation, public works, relief of prisoners, marriage portions of poor maids, support of young tradesmen, and the like. It is only by inference that religious opinions are included. Before the year 1600 such foundations can scarcely have ex- 20 isted, or tliey would, if common, no doubt have been referred to in the statute of Elizabeth. There is a peculiarity about trusts for these purposes, which sets them apart from all of a private nature. They ask the protection of the law for the continuance of the foun- dation forever. The fund is to be forever intact, and only the income, as it accrues from time to time, is to be appropri- ated to the " charitable " use. The long line of beneficiaries beginning to-day, it may be, stretches on to infinity. Noth- ing of this kind is tolerated in the case of private trusts. They must end at the termination of a specified number of lives in being when the trust is created, and a moderate term of years in addition (twenty-one years). Every such trust may thus be challenged as to its validity. What is its object ? Is it to found a family, to promote the ends of private per- sons, even to found a library or a picture-gallery for their ex- clusive use? If so, it cannot be perpetual. On the other hand, is it to found a public library, public schools, give em- ployment to the poor, to establish a public hospital? Then it ma}^ last forever, for public uses and public necessities never end. In fact, the distinction between private trusts and chari- table trusts depends on large views of public policy. It is contrary to the best interests of a State to permit an owner of property, by any deed, will, or other instrument whatev^er, to keep the estate forever devoted to private uses. In the nervous language of the old judges, they who attempt to do this "fight against God," who decrees in human affairs muta- tion and instability instead of fixedness and stability. To this general rule of invalidity of permanent trusts, the spe- cial rule as to charitable uses is the only exception. Now, what is the underlying thought that lends to these charitable trusts a practical immortality, and to this end sum- mons the law to tlieir protection and support? To this in- quiry there is but one answer. It is the element in them of public utility. Let them be beneficial to the public; they may be allowed to exist. Let them be pernicious to the public ; they should be unsparingly condemned and rooted 21 out. Public utility is thus the condition and the law of their existence. Perhaps no case shows this more cleai'ly than the very peculiar foundation of Thomas Brown, established by the Court of Chancery in Eiigiand, in the case of the University of London v. Yarroiv^ 23 Beavan, 159, and on appeal in 1 De Gex & Jones, 73. The testator made a bequest to a cor- poiation for founding, establishing, and upholding an institu- tion for studying and endeavoring to cure maladies of any quadrupeds or birds useful to man. The Lord Chancellor said, in this case : " I cannot entertain for a moment a doubt that the establishment of a hospital in which animals which are useful to mankind should be properly treated and cured, and the nature of their diseases investigated, with a view to public advantage, is a charity " (1 D. G. & J., 80). This being the crucial test of a charitable institution, it would follow that no establishment of this kind pernicious to mankind, or even of doubtful utility, could be upheld for a moment by the courts. The institution must be able to vindicate its right to a perpetual existence, by showing that it is presumably for the public advantage. Such a principle as this is peculiarly applicable to a per- petual foundation for teaching and inculcating opinions. It surely cannot be for the public advantage to have erroneous opinions propagated among the young. The theory of one of the counsel for the complainants cannot be upheld, to the effect that it is immaterial whether the opinions are plainly erroneous or not. No cliarity could reasonabl}^ be upheld which was established for the perpetual instruction of youth in the Ptolemaic theory of astronomy, or its modern Ethio- pian revival under the proposition "that the sun do move." What has been won from the darkness of igfuorance ought to be retained, not merely as the knowledge of scientists, but as the common property of the people. I quote some valuable remarks upon this subject from a work by the present Lord Hobhouse, formerly Sir Arthur Hobhouse, long an active member of the Board of English Commissioners of Charities, and a high judicial officer. No 99 person in England, where charitable institutions number forty thousand at least has more knowledge or experience of their practical workings than he. I refer now to his work called the Dead Hand (published in London, by Chatto & Wind us, 1880). He says, on p. 123 : " There is a subject on which very few can speak plainly without giving offence. It is asked as though the question were unanswer- able whether a public tribunal shall interfere with founda- tions for the support of opinions? The opinions for which foundations are established are usually of a theological char- acter, and it is thought that foundations for tlijs purpose are more valuable and sacred than others. Now, as to their being more valuable I will not hesitate to say that founda- tions attaching endowments to the holding and teaching of prescribed opinions are., if they are to be unalterable, the very worst kind of foundations that can be conceived; for experience shows that the opinions to which men have attached property change and become extinct (sooner or later, according to their depth and force), and then you have a direct premium on profession without belief. But that which tends to corrupt the noblest part of man, the very eye of the soul, his perception of truth, is as evil a thing as can be imagined. Suppose, for instance, that a large estate had been settled in the sixteenth century for maintaining the geocentric theory of the universe. It was believed impli- citly ; it was supposed to rest on the clearest testimony of revelation ; to doubt it was impious. Suppose, then, that this had been done, and that now, when every child at a national school knows the contrar}^ solemn lectures were delivered to show that in some sense or other — astronomical, metaphorical, or mystical — the sun travelled around the earth. Is any public authority to interfere with so degrad- ing a mockery? It is said 'You cannot interfere with the authority of the founder.' I venture to say, you can and ought. As long as any man believes any opinion whatever, let him proclaim it, without molestation, from the house-tops. But to allow that property shall be devoted forever to bribing people into teaching what they do not believe is monstrous." 23 These are wise words, searching the matter to the core. No doubt the English Court of Chancery has frequently followed the intentions of the founders of a charity with great closeness, even when lamenting their unwisdom. There are thus all over Encrland charitable institutions founded in form on the theory of public utility, which are now on long ex- perience producing most pernicious results — encouraging pauperism, opposed to sound theories of political economy, promoting ignorance, or fomenting domestic discord, or gratifying personal rancor and bitterness. An instance of the last is that of Thomas Nash, of Bath, who gave a pet- petual annuity to the ringers of bells at the Abbey Church, Bath, " who were to ring from time to time forever a whole peal of bells, with muffled clappers and various solemn and doleful changes, on the anniversary of his wedding-day for twelve hours ; and on the anniversary of the day of his death to ring a grand bob major, with merry, mirthful peals, for the same space of time, in joyful commemoration of his happy release from domestic tyranny and wretchedness." These are his own words (Lord Hobhouse's Dead Hand, 102, 103). This bitter-minded testator was thus allowed to in- scribe on the records of the court a perpetual and appar- ently malicious libel on the character of his wife, in the technical form of a charity, because the gift was to sustain in perpetuity the bell-ringers of a church. The Parliament has been compelled to interfere with the galling chains of this severe construction as far as opinions are concerned, and in the Dissenters' Chapels Act, 7 and 8 Vict., c. 45, to provide, by way of partial relief, that unless there is in the deed of trust an express requirement that particular religious doctrines be taught or observed, or be forbidden to be taught, the usage for twenty-five years im- mediately preceding any suit shall be taken as conclusive evidence that doctrines in accordance with the usage may henceforward be taught and observed. It is certainly well worth while considering by the courts of this country, so far as the question is still open for con- sideration, whether it is judicious to adopt a literal lud iron- 24 clad construction of these creeds, which may foster litigation, and even in the absence of litigation check the educational movement of the time and prevent thorough educational training. It is to be carefully observed that the present case is not distinctively that of a religious creed. It is not imposed, as is usual in such cases, upon a congregation of believers. It is meant as a clog upon instruction., and may turn out to be a prohibition against instruction in the truth. It says to a body of teachers " You must not teach doctrines because they are true, but because we, the ' founders,' impose them upon you." It says to pupils, "• You must not hear from your instructors the truth simply and solely because it is the truth, but only so far as we, the 'founders,' allow your in- structors to impart it." The teacher is thus emasculated, and the growth of the scholar is one-sided and dwarfed. In the name, not only of the professors under trial, but of all the teachers of the land, including, I hope, the chairman of this Board, I respectfully protest against such shackles of iron upon education. Let us consider precisely what this creed means to teachers. Here is a class of blameless and highly intelligent men, who think that their true vocation is education of the young, and that in some of the noblest branches of knowledge — theology, ecclesiastical history, homiletics, and in the art of skilful and persuasive public speech. They are invited to pursue their calling at Andover Theological Seminary. They are met at the entrance with a ponderous creed, smelling of antiquity and the outcome of the fiery struggles of ancient days — contests of which we have little or no knowledge, and with which we have as little sympathy. Its words are technical and uncouth. Its clauses are confused and con- tradictory. Yet all must alike adopt this creed, the real meaning of which has never been interpreted. If such a creed is good for instructors in theology, why will it not answer in medicine or law ? Why will it not be useful to instructors in art? One of these Professors really teaches a fine art — rhetoric and elocution. Now, it is said to him in substance : 25 " You must not comment upon the graceful style of Addison, nor the gorgeous diction of Jeremy Taylor, unless you com- bine in your mind the utterances of Augustine, Athanasius, and Calvin, with the metaphysical observations of the elder Jonathan Edwards, and the correct exposition of the phrase 'corporeal strength' as coined by Dr. Samuel Spring. You must not refer to the eloquent speech of Chatham or Erskine, of Webster or Choate, until you renounce the heresy of the Sabellians and all the wicked works of the Arminians and Pelagians. This you and your successors must do from time to time forever." Jf such a check on instruction is good at Andover, why wouldn't it be useful at Harvard, Amherst, or Williams? To tie an institution to such a creed seems like anchoring a vessel in the swift current of a flowing stream amid the mud and rubbish of bygone ages. So the Phillipses, Browns, and Abbots, noble in their intentions and sincere Christians, but erring in sound judgment, bedded their little institution on the hills of Andover, among the mud and rubbish of extinct controversies. There is no com- parison between the effects of a stationary creed upon educa- tion and upon a church. The former is open to the charge of misleading youth — one of the gravest offences known to the commonwealth of ancient Athens. Should the present or a similar case reach the Supreme Judicial Court, it may be worth while for the judges to consider the legal effect of imposing a non-elastic creed, religious or otherwise, upon teachers in our great theological or other professional or literary institutions. It serves my present purpose to point out some of the far- reaching questions of this painful case, and to suggest that if this creed is to prevail it should have a liberal interpreta- tion, that technicalities should not bear sway, that contradic- tions or modifications should be reconciled and adjusted, that the substance of the creed should be only regarded, and above all, where the creed is silent, that the principles of justice and the general spirit of Christianity be followed. Let your Honorable Board remember that tliis creed hav- ing never been judicially interpreted as to the specific meaning 26 of phrases used, the professors in considering its meaning had the riofht to sfive it all the breadth allowed by rules of liberal interpretation as applied by good-sense, honesty of purpose, and the rules of courts having jurisdiction over such subjects. The general correctness of this line of argument is affirmed by an important decision of the Supreme Judicial Court in a case concerning this very creed. I refer to the case of The Trustees of Phillips Academy v. James King^ Executor, 12 Mass., 546 (a.d. 1815). This case is of so much consequence, from the point of view now before your Board, that I ask your indulgence if I state it at some length. The controversy arose out of the will of JNIar}^ Norris, dated March 21, 1811, who bequeathed to the Trustees of Phillips Academy, in Andover, thirty thousand dollars, for the benefit of the Theological Institution, so that the income might be received from time to time and the principal kept invested. She expressly directed that her bequest should " enure particularly and exclusively (so far as may be con- sistent with the constitution of the said associates) to that part of said institution commonly called the Associate Foun- dationr The facts were submitted to the court upon an agreed case. It is referred to at this point in the argument to show the rule of construction adopted in determining the validity of the bequest. It was claimed on behalf of the executors that the will of Mrs. Norris was void, on the ground that the Trustees of Phillips Academy, by the Act of the Legislature of June 19, 1807, were made capable only to hold property for the support of a theological institution agreeably to the will of the donors if consistent with the original design of the founders of the Academy (see Deeds and Donations, 68, 69; Act of 1814, p. 132; Act of 1824, p. 164), that this design was to propagate Calvinism as containing the impor- tant principles and distinguishing tenets of the Christian reli- gion as summarily expressed in the Westminster Assembly's Shorter Catechism, and that the design of the donors of the associate foundation was to add to Calvinism the leading 27 principles of Hopkinsiunism — a mixture inconsistent with the original design of the founders of the Academy. It is to be observed that Mrs. Norris made her will with all the associate statutes before her. These were adopted March 21, 1808. Her will was dated March 21, 1811, precisely three years later. Now mark what the court, speaking through Judge Thatcher, says as to the objection of the executor's counsel (p. 562 of the report). " The counsel for the defendant brought forward in the argument, and urged upon the consideration of the court with great force, several specific propositions or articles of two opposing creeds, or which the counsel contended were directly contrary to each other, insisting that the intent of the found- ers (Mrs. Phillips, John Phillips, Jr., and Samuel Abbot) was to maintain Calvinism, or the theology of Calvin; and if there were but one single article or proposition in tlie creed of the associate founders contrary to Calvinism, the Trustees of the Academy would have no right to take and appropriate the legacy in question ; and should the creed imposed by the associate founders omit a single article contained in the creed of Calvin, or as Calvinism was understood at the time of the foundation of the Academy, it would be such a departure from the intent, design, and plan of the original founders that it must intercept the extended legacy and prevent any right from vesting in the plaintiffs. It was then stated to be an essential article in the creed of Calvin, and what all Calvin- ists must necessarily believe to make them Christians accord- ing to the Calvinistic theology, that 'the original sin of Adam is imputed to all posterity in some way or manner ; that they are all and every one actual sinners — whereas the associate foundation did not admit this article in the creed taught in their branch of the theological school, but substi- tuted the following article in lieu thereof, and made it a ne- cessary part of the religious creed to the professors, and to be by them taught to the students in the institutions, viz., Adam, the federal head and representative of the human race, was placed in a state of probation, and in consequence of his dis- 28 obedience all of his descendants were constituted sinners' — which latter article, it was ursred, is not only an article of a system of religion called Hopkinsianism, but is inconsistent with and contrary to the system of Calvinism in general, and particularly to the foregoing article of the creed of Calvin, or of a Calvinistic Christian, as taught in the Assembly's Shorter Catechism, as could not be taught in consistency and harmony with the design, views, and intentions of the ori- ginal founders of the Academy, and thus the legacy being given to promote Hopkinsianism, in opposition to Calvinism, as explained in the said catechism, is void." Before going further in this case, it must be stated, by way of explanation, that three distinct classes of donors have been referred to by the court in this decision : (a) the early or true founders, of April 21, 1778; (b) the donors of August 31, 1807, Madame Phoebe Phillips, John Phillips, and Samuel Abbot, who may be called the Calvinistic donors ; ( mit no person to its holy communion be- fore he exhibits credi- ble evidence of his godly sincerity ; that perseverance in ho- liness is the only method of making our calling and election sure ; and that the final perseverance of saints, though it is the effect of the special operation of God on their hearts, yet neces- sarily implies their own watchful dili- gence; that the^ who are effectually called do in this life partake of justification, adop- tion, and sanctification, and the several benefits which do either ac- company or flow from them that the souls of believers are at their death made perfect in holiness and do immediately pass into glory, that their bodies, being still unit- ed to Christ, will at the resurrection be 63 XL. The rule wliich God at first revealed to man for his obedience was the moral law. XLI. The moral law is summarily comprehended in the ten command- ments. XLir. to LXXXL, both inclusive, concern the ten commandments. LXXXII. No mere man since the fall is able in this life perfectly to keep the commandments of God, but dail}'- doth break them in thought, word, and deed. LXXXIII. Some sins in them- selves, and by reason of several aggra- vations, are more heinous in the sight of God than others. LXXXIV. Every sin deserveth God's wrath and curse, both in this life and that which is to come. LXXXV. To escape the wrath and curse of God due to us for sin, God requireth of us faith in Jesus Christ, repentance unto life, with the diligent use of all outward means whereby Christ communicateth to us the bene- fits of redemption. LXXXVI. Faith in Jesus Christ is a saving grace whereby we receive and rest upon Him alone for salva- tion as He is offered to us in the Gospel. LXXXVH. Repentance unto life is a saving grace whereby a sinner, out of the true sense of his sin and appre- hension of the mercy of God in Christ, doth with grief and hatred of his bin turn from it unto God with full raised up to glory, and that the saints will be made perfectly blessed in the fidl enjoyment of God to all eternity^ but that the wicked will awake to shame and everlastiiiix con- tempt, and with devils be plunged into the lake that burnetii with fi r e a n d brimstone for ever and ever. I, moreover, believe that God, according to the counsel of His oivn will and for His oivn glory, hath fore- ordained ivhatsoever cometli to pass, and that all beings, ac- tions, and events, both in the natural and moral world, are un- der His providential and moral direction ; that God's decrees perfectly consist with human liberty ; God's universal agency with the agency of man, and man's depend- ence with his account- ability ; that man has understanding and corporeal strength to do all that God re- quires of liim ; so that nothin75. 124 the Godhead ; and that something more than a diversity' of relation or action, in respect to us, was intended. They used the word person^ because they supposed it approximated nearer to express- ing the existence of a real distinction, than any other which they could choose. Most certainly neither they, nor any intelligent Trinitarian, could use this term, in such a latitude as you represent us as doing, and as you attach to it. We profess to use it merely from the poverty of language ; merely to designate our belief of a real distinction in the Godhead ; and not to describe independent, conscious beings, possessing separate and equal essences, and per- fections. Why should we be obliged so often to explain ourselves on this point? ... I could heartil}- wish, indeed, that the word person never had come into the Symbols of the Churches, because it has been the occasion of so much unnecessary dispute and difficulty." 1 John Calvin, in his Institutes, remarks as follows : — " The Latins having used the word Persona to express the same thing as the Greek VTTooraoi^, it betra^'s excessive fastidiousness and even perverseness to quarrel with the term. The most literal translation would be subsistence. Many have used substance in the same sense. Nor, indeed, was the use of the terra Person confined to the Latin Church. For the Greek Church, in like manner, perhaps, for the purpose of testifying their consent, have taught that there are three npoGcoTta (aspects) in God. All these, however, whether Greeks or Latins, though differing as to the words perfectly agreed in substance." ^ "Where names have not been invented rashlj'^, we must bewai'e lest we become chargeable with arrogance and rashness in rejecting them. I wish, indeed, that such names were buried, provided all would concur in the belief that the Father, Son, and Spirit, are one God, and 3'et that the Son is not the Father, nor the Spirit the Son, but that each has his peculiar subsistence [^proprietate'] . I am not so minutely precise as to fight furionsl}' for mere words." "But, if we hold, what has been already demonstrated from Scripture, that the essence of the one God, pertaining to the Father, Son and Spirit, is simple and indivisible, and again, that the Father differs in some special property from the Son, and the 1 Op. cit , pp. 21-2,3, 2d ed., 1819. 2 Op. cit. I. p. 148. Calv. Traas. Soc. Ed. 1845. 8 /;,. pp. 150, 151. 125 Son from the Spirit, the door will be shut against Arius and Sabel- Hlis, as well as the otiier ancient authof's of error." ^ Particular 8. Perhaps I need do no more than repeat my previous reply : " The accusation is that I hold the work of the Holy Spirit to be ' chiefly confined to the sphere of historic Christianity ; ' or, as more definitely specified by the citation, with its context, that the ' efficacious,' regenerating, saving work of the Spirit is thus ' chief- ly confined.' The opposite i)roposition would be that this work is ' chiefly confined to ' paganism, or Judaism, or both. There can be no doubt which of these propositions is more accordant with the Creed, with orthodoxy, or with ' consistent ' Calvinism as explained in the Creed. Substituting the words ' conducted within ' for ' confined to,' and not doubting a universal Avork of the Spirit, I should admit the accusation." I will only add that the subject is discussed in Progressive Orthodoxy in the light of history, observation and missionary experience — that is, as a question of fact. So far as we have evidence, or judged by its fruits, Christianity alone offers the requisite material in motive for the transformation of man- kind into a spiritual temple and kingdom of God. I think that this is implied in Pentecost, that it is the teaching of John vii. 39, and of much Scriptural authority besides. " Only when Jesus was glorified," is Dr. Milligan's comment on the passage in John's Gospel (Dr. Schaff's Popu- lar Commentary)^ . . " would men receive that spiritual power which is the condition of all spiritual life." Particular 9. I reafi&rm but do not find occasion to ex- pand my previous answer, save to add a few references to passages on pp. 56, 57, 60, and 61, where the sinner's condem- nation under law is abundantly recognized. Particular 10. I repeat my former reply, and refer also to my acceptance of the statement in the Creed that the Scrip- tures are the " only perfect rule of faith and practice." A reasonable being must be guided by reason, but it is the dic- tate of reason to submit to the word and authority of God. 1 76. p. 173. 126 I believe, however, that reason is at the bottom of all things, the reason of the universal Creator and Redeemer. There- fore human reason may explore and question and hope to find more and more fully the truth. If the charge intends — which I do not allege — to cast a slur upon reason in matters of faith, I beg leave to refer to the nobler maxims of the leader of the party which had most to do with shaping the Semi- nary Creed. I quote from Dr. Park's Memoir of Samuel Hopkins. " Our author's strength of character induced him to give an unusual prominence to the more difficult parts of theology, and thus it shaped his entire system. Whether his speculations be true or false, he has done a great work in promoting manly discus- sion, in convincing his readers that piety is something more tlian a blind sehtimentalism, and that theology is something better than a superstitious faith. He has encouraged men to examine intricate theories, and the examination has saved them from scepticism. Hundreds have been repulsed, into infidelity, by the fear of good men to encounter philosophical objections. Hopkins was too strong for such fears. He had that sterling common sense which loves to grapple with important truths, cost what they may of toil. The great problem of the existence of sin early awakened his curi- osity, and moved the depths of his heart. A weaker man would have shrunk from the investigation of such a theme. But he was ready to defend all parts of wliat he loved to call ' a consistent Calvinism.' His readiness to encounter the hardest subjects and the stui-diest opponents, was foretokened by one of his early corpo- real feats. It is reported that an insane man, stalwart and furious, was once escaping from his keepers with fearful speed; but the young divine intercepted him, and hekl him fast until the maniac gave up, and cried, ' Hopkins, you are my master.' '■ Throughout the unpublished and published writings of Hopkins, there breathes a masculine spirit, which refuses to be satisfied by assertion instead of argument, and insists on the legitimate use of the faculties which God has given us. At the age of sixty-five, he writes to Dr. Hart : ' I ask what faith I shall have in the power of God, or what belief of any revealed truth, if I do not so far trust to my own understanding, as to think and be confident that I do understand that God has revealed certain truths, and what they 127 are.' In his thirty-fifth year, Hopkins seized at what he deemed a tacit concession of Dr. Mayhew, that Arininianism could not be sustained by reason. He writes to Bellamy : ' I think he [iVIa}'- hew] says that which ma}- be fiiirly construed as a crying down of reason, under the name of metaphysical, or some epithet tanta- mount." Hopkins was too vigorous to leave such a concession unnoticed. He turns the tables on his Arminian opposers, and the}' censure him for his argumentative style, — the very thing for which they have been censured, again and again, by their antago- nists. Our stout champion says, that ' Pelagians and Arminians have been, in too man}' instances, treated so by their opponents, the professed Calvinists. The former have gloried in their reason- ing against the latter, as unanswerable demonstration. The latter, instead of detecting the weakness, fallacy, and absurdity of the reasoning of the former, and maintaining their cause on this ground, as well they might, have endeavored to defend themselves from this weapon by bringing it into disgrace, and rejecting it under the name of carnal, unsanctified reason, etc. This has been so far from humbling or giving them the least conviction of their errors, that it has had a contrary effect to a very great and sensible degree. And no wonder ; for this was the direct tendency of it, as it is an implicit confession that they felt themselves worsted at reasoning.' " ^ Particular 11. It is evident from a few extracts from Pro- gressive Orthodoxy to which I will immediately call attention that our views upon the subject here introduced have not been presented in the unguarded way which is here assumed to be true. What I am to read is a caveat to which marked prominence is given in the book against such a misrepresen- tation. In the " Introduction " pains was taken to say : "Problems are above the horizon which are not yet clearly within the field of vision. Even- their provisional and relative solution is at present impracticable. Too early an attempt to define and systematize is likely to cramp and repress inquiry, and to promote a dogmatic self-satisfaction which is a deadly foe to progress. The aim, accordingly, of the writers of these papers has been to keep clearly within the range of what is immediately necessary and practical. For the most part, a single line of 1 The works of Samuel Hopkins, I. pp. 17(J-178. 128 inquiry has been followed, under the guidance of a central and vital principle of Christianity, narael}', the realitj' of Christ's per- sonal relation to the human race as a whole and to ever}' menaber of it, — the principle of the universality of Christianit}'. "This principle has been rapidl}' gaining of late in its power over men's thoughts and lives. It is involved in the church doc- trine of the constitution of Christ's person. It is a necessary implication of our fathers' faith in the extent and intent of the Atonement. It is an indisputable teaching of sacred Scripture. It lies at the heart of all that is most heroic and self-sacrificing in the Christian life of our centur3^ We have sought to applj' this principle to the solution of questions which are now more than ever before engaging the attention of serious and devout minds. We have endeavored to follow its guidance faithfull}' and loyall}', and whithersoever it might lead. We have trusted it whollj- and practically. By the publication of this volume we submit our work to the judgment of a wider public. If we have an}' where overestimated or underestimated the validity and value of our guiding principle, we hope that this will be pointed out. Or if we have lost sight of any qualifying or limiting truth, we desire that this may be shown. On the other hand, if we have been true to a great and cardinal doctrine of our holy religion, and have devel- oped its necessar}' implications and consequences, we ask that any further discussion of these conclusions should recognize their co7inection with the principle from lohich they are derived^ and their legitimacy, unless this principle is itself to be abandoned." ^ On page 39 " a better understanding of the revealed central position of Christ in the universe, and of the absoluteness of Christianit}''," is claimed as a characteristic of the " New Theology." The presentation of the theory of future pro- bation is prefaced by these remarks : "At this point the discussion might terminate. The principle of judgment in accordance with which the destinies of men are determined we believe to be that which has now been defined. . . . We could stop here, but for a related question which has long per- plexed and disturbed believers. It is a question as to the judg- ment and the destiny of those to whom the gospel is not made 1 Prog. Orth., pp. 3, 4.(^f. pp. 13, 14, 16. 129 known while they are in the body. We must consider the discus- sion, then, in order to consider, as it may seem to deserve, this ditlieult question. It is, in our opinion, to be looked on as an ap- pended inquiry, rather than as an essential question for theolog}'. Still it is not wanting either in practical or speculative importance, and, at an}- rate, is at present much in dispute. " B. A Related Questiox. " What is the fate of those millions to whom Christ is not made known in this life, and of those generations who lived before the advent of Christ? "This may, perhaps, be onlj' a temporar}- question. The time ma}' come, we think will come, when all will hear the messages of the gospel during the earthly lifetime, and will know the gospel so thoroughh' that knowledge and corresponding opportunity' will be decisive. Then there will be less occasion for perplexit}', as there will be no apparent exclusion from those opportunities which at present are given to only part of the great human famih'. '' The question we have raised is not new. Nor are any of the proposed answers new, although some of the reasoning is the out- come of a more profound thought of the gospel than has been gained in preceding periods. An instructive lesson for impress- ing the difficulty of our inquir}' is a history of the various opinions which have been held during the Christian centuries by honored leaders and revered saints ; such an historical sketch, for example, as Dean Plumptre gives in his recent book entitled, 'The Spirits in Prison.' No answer which has yet been given is entirely free from objections. Every one, unless he declines to accept any solu- tion, has an alternative before him, and must rest in that conclu- sion which seems to him most nearl}- in accordance with the large meaning of the gospel, and which is exposed to the fewest serious objections. Certainl}-. any one should be slow to condemn those whose opinions on this vexed subject do not agree with his own hypothesis. There is no explicit revelation as to the destin}' of those who on earth have had no knowledge of Christ. Therefore any inference that is drawn from the doctrines of the gospel, and from the interpretation of incidental allusions of Scripture, must be held with confession of some remaining ignorance on the part of the reasoner. Tlie theorj- which we shall advance presently is otfered under these conditions." 130 It is evident from these quotations that in our reply we might have met this entire charge by a simple and sheer denial. It is patent, by the book, that we do not, in the unqualified manner of the charge, make any opinion we en- tertain respecting future probation a central doctrine. In the strictest sense we do not treat it as a doctrine at all, but only as an inference from a doctrine or fundamental principle. I do not wish, however, to avail myself of any refinements at this point. I claim full liberty under the Creed to hold in this matter whatever a true interpretation of Scripture, and of the " revelation which God constantly makes of Himself in his works of creation, providence and redemption," may make probable, and with a degree of faith as exactly propor- tionate to available evidence as I can measure ; nay, I do not think I shall commit any sin against reason and Scripture and the God who speaks in Scripture and reason, nor violate any obligation under the Creed, if I allow myself to follow with a perfect trust wherever with the heart as well as with the head I can discover any traces of his holy and reconciling love. I have not therefore in my reply availed myself of the opportunity given by the extravagance of the accusation to make a square denial of it. I have said : " In this unqualified form I do not admit that I hold, maintain and inculcate ' that there is and will be probation after death for all men who do not decisively reject Christ during the earthly life ; ' and that this should be emphasized, made influential, and even central in systematic theology." I have added : " God as revealed in Christ is to me centi'al in theology. Whatever encourages hope that all men will have opportunity to be influenced by the motive of an offered Saviour is chiefly valuable in theol- ogy as a reflection of the character of God." A theologian's duty, as well as a believer's, and indeed every man's, is primarily to God. " What He is in his char- acter and in his will concerning us, is the great, and all- absorbing question. This is emphatically a fundamental principle of " consistent Calvinism." The question about the 131 heathen has a deep interest to us because they are men ; a deeper interest because they are men for whom Christ died, each and every one ; tlie deepest interest because they are children of the same God on whom all our personal hopes depend and in whom all our lives are lived. A question of this character is a fundamental question. Therefore when any inquiry arises which in the smallest degree whatsoever in- volves His character, I will not protect myself by any man's want of skill in attacking me. So far as the question of the heathen comes into the sphere of the ethical character of God and just so far as it is within even the faintest circles of light which we may discern if we will, it is a part of the one and the only central and fundamental question for every man : What is God ? And I beg leave to emphasize that this is the real central question we have discussed in Pro- gressive Orthodoxy, and not the .mere issue about Probation. That there ma}^ be no ambiguity as to my position because, on a question so vital, my assailants have blundered, I deny even the last part of this accusation with this measura of qualification. The first part I deny, in my answer, by calling attention to . the fact that what I hold is an inference from what appears to be evident, and is a reasonable inference, and that it seems to be implied in the universality of Christ's Person, Atonement and Judgment. This is a suggestion by example of the grounds of hope, and the method of it. I then deny that such an inference is inconsistent with any thing in the Creed. Upon this basis there arise two questions. First, have the complainants shown that we " hold, maintain and inculcate " any thing more or other than what is here conceded ? No evidence to this effect has been adduced, nor is there any. Second. Is the drawing and accepting this inference such a departure from the Creed as brings me into disharmony with it, or into antagonism to it in my official service? It devolves upon the complainants to prove such dishar- mony or antagonism. They must show, if they are to make out their case, that the inference in question is necessarily hostile to the Creed, that I cannot entertain it without being 132 hostile to the same, that I cannot receive it without violat- ing my solemn promise " to maintain and inculcate the Chris- tian faith as expressed in the Creed, ... so far as appertains to my office, according to the best light God shall give me, and in opposition to " various errors. In reviewing the effort to establish such antagonism I have a right to demand from the complainants entire definiteness of statement, and conclusiveness of argument. They must show that I actually take positions in what they prove, or in what I admit, that I hold, which contravene my official obli- gations under the Creed and Statutes. Under the Creed. The question is not one of contrariety to opinions commonly held when the Seminary was founded, nor even to opinions held by the Founders, but simply of antagon- ism to what they have prescribed in their Statutes. Professor Park has said that the Professors at Andover "are now under the safeguard of that Creed. They cannot be required to be- lieve more than is involved or implied in it." This is a car- dinal principle. Not the opinions of the Founders, but what they have prescribed or implied in their Statutes, is the stand- ard by which the charge of "heterodoxy" is to be tested." As I have previously stated I do not hereby waive or dis- credit any claim that may arise from a larger interpretation of the word heterodoxy, I simply disregard it for the present discussion, meeting my opponents on their chosen ground. Coming now to the accusation I notice (1) that the Creed contains no explicit declaration upon the question at issue. It says nothing whatever about the condition of men who die without opportunity to hear the gospel, or to accept or reject an offered Saviour, in the intermediate state between death and judgment. All that it affirms about men who do not die in faith is contained in these words: "but that the wicked will awake to shame and everlasting contempt and with devils be plunged into the lake that burneth with fire and brimstone forever and ever." This is Biblical phraseology. It is the only instance in the entire Creed (with one possible exception which would con- firm my argument) in which such a resort is made. Every- 133 where else the framers use their own terms, or the traditional language of the Catechism. An awe seems to come over them when they come to the awful destiny of incorrigible sinners. They will prescribe nothing themselves. Whatever their own interpretations of Scripture they will not introduce them into a Creed which they intend shall not be altered, and which they hope will endure till the end shall come. It probably never occurred to them that men would arise who would reject their doctrines as antiquated, and then claim that it is a breach of trust to follow the Scripture which they in- serted in the Creed rather than to follow their opinions which they did not insert. I repeat : they simply on a subject so grave and terrible, use the phraseology of the Bible. Unin- terpreted by them, left in its original form, it has the mean- ing of Scripture, as they quote it, and this meaning only. I claim that this disposes conclusively, finally, of the whole question. I have no right, you have no right, to add to this Creed ; to put an interpretation on this Scriptural language other than the language which is cited bears, to give it a meaning which they did not prescribe, and when they chose to leave it uninterpreted. I know of but one qualification. It may.be that a correct interpretation of the Hebrew original, whose translation in King James's version the Founders use, would make the passage less relevant than they supposed. It would not of course be fair to the Founders for any one to take an advan- tage of this — if such a supposition may be pardoned. For it obviously was the intention of the P^ounders to introduce into their Creed an article upon the final state of the wicked- They used for this purpose a passage about whose meaning they supposed there was no reasonable doubt. It is a text which in its phraseology as they accepted it plainly refers to the final resurrection. It was commonly so understood in their time, and by the best commentators with whom they were familiar. They would not have quoted it, if they had supposed it possible that it could refer to a revival of the Jewish nation under Antiochus Epiphanes, or any thing in the history of the Hebrews. 134 Beyond this they cannot go. They quoted what they un- derstood to be plainly an eschatological passage, and left it wholly uninterpreted. No man has a right to go beyond this clear intent. All the language they used, as they use it, refers to the final resurrection and judgment. This appears from an examination of it. " The wicked " — who are they? The " incorrigibly wicked at death," it has been argued. This is an addition. Besides, who are the incorrigibly wicked " at death " ? The article speaks of the resurrection and final judgment. "The wicked" is the Founders' phrase, and they add no comment. It is a Biblical phrase. In the New Testament (King James's ver- sion), it is used but once with an eschatological reference. " So shall it be at the end of the world : the angels shall come forth and sever the wicked from among the just." ^'' At the end of the world.'''' Tliis is the point of view of the article in the Creed, and to select any other is to read into the article what this phrase does not require, and what the context excludes. The article continues: " tlie wicked will awake to shame and everlasting contempt," quoting the lan- guage of the prophet Daniel, which was understood to refer to the general resurrection at the end of the world, " and with devils be plunged into the lake that burneth with fire and brimstone for ever and ever," employing still Bibli- cal language which describes what follows upon the final judgment. 1 There is in all this no allusion and no hint of an allusion to what ensues at death in the case of men who have not heard the Gospel, nor had opportunity to learn of a Saviour. Not a syllable. All reference to such a subject here is something added to the Creed, and is wholly without warrant or authority. The case cannot be made stronger, but it is noteworthy that, as we should expect, such a necessary construction of the language harmonizes with the context. The state of believers is considered at tliree stages, — in this life, at death, and at the resurrection. The state of un- believers is considered at but one, — the final outcome of Rev. xxi. 8 ; and pcrliaps Matt. xxv. 4. 135 their wickedness. The Shorter Catechism which is here followed so closely says nothing about the destiny of the wicked. The fraraers of the Creed were led by it through the three stages in the history of believers. They added something as to the final state of unbelievers. They had been brought to the final state of the righteous. They put in sharp contrast with this, and in Biblical and in part figu- rative language, the final state of the wicked. No one can rightfully add to their work as a condition of their trust. 2. The Creed contains no implicit declaration adverse to the tenet that those who have had no opportunity to learn of a Saviour in this life may he granted such opportunity in the other life. It is contended that such an adverse conclusion may be deduced from the statement that " they who are effectually called do in this life partake of justification, adoption, and sanctification, and the several benefits which do either accompany or flow from them." This language, it is argued, implies that all who are saved are saved in this life. Conse- quently none can be supposed to have an opportunity of salvation beyond this life. This is an attempt to find in the Creed a doctrine which is not taught in the place where it properly belongs. In an instrument so carefully drawn as the Creed, so well arranged, so studiously elaborated, such an endeavor is open to suspi- cion. The presumptions are against an incidental deliver- ance upon a question which, if the intention had been to pronounce upon it at all, would have certainlj^ received the same pains-taking treatment which is everywhere else evinced. The character of the men who made the Creed and the character of the document are strongly adverse to the supposition that there was any purpose in this article to settle an important doctrine of eschatology. Such indirec- tion is not the method of the Creed, nor is it the method of tlie men who composed it, nor of the theology of their time. In general, an incidental clause found in an article concern- ing one doctrine, ought to be inevitable and irresistible in its inference in order to make it equivalent to a direct state- 136 ment which is wholly absent when and where it properly belonsfs. It is further to be noticed that the object of the article cited is not to affirm, nor does it assert, that the effectually called are called in this life. This may be implied, but the purpose of the article is to state that certain blessings come in this life to the effectually called. The obvious purpose of the article therefore is not friendly to the supposition that it was intended to decide a wholly different question, namely whether some persons may be effectually called and saved in another life. This brings to view another difficulty. The article before us does not deal with the number of the elect, or make any statement or involve any implication on this subject. Its purpose is not to define or determine who are effectually called, but simply to assure believers that the gospel has for them great and heavenly blessings which they niay partake of in -this life of conflict and toil. It is forcing language written for such a use to make it serve as the statement of a dogma respecting the question what opportunities may exist for the implantation and beginning of saving faith. The article is written for Christian believers. It is taken directly from the Shorter Catechism. It deals solely with believers, and presupposes their existence. The heathen are no more within its view than the angels. It is a violation of the ac- cepted canons of interpretation to make it cover and decide questions of a different order, relating to a different class. I think these considerations are sufficient of themselves to warrant the rejection of this method of proof. We are not, however, merely warranted in thus discarding it. A careful and thorough examination of the article leads to conclusions which absolutely require such a result. For it becomes evi- dent that the interpretation I am opposing not merely forces the meaning of the article but makes it contradictory to the Standards of which its original formed a part, and puts it out of harmony with the Creed to which it has been transferred. The article, as I have stated, is simply appropriated from the Shorter Catechism. Unless there is some decisive reason to the contrary it must bear the meaning as transferred 137 wliich it has in its original appearance. An}^ interpretation which it is impossible to give to it as first written certainly cannot be necessary when it is simply repeated ; and when, in addition, we find that the same impossibility also appears in its new connection, we are compelled wholly to reject such an explanation. It will perhaps make my argument more clear if I first reduce the reasoning I am opposing to the syllogistic form, and then show where it fails. It may be stated thus : The effectually called are the elect. The effectually called receive salvation in this life. Therefore the elect receive salvation in this life. The elect are saved in this life. None but the elect are saved. Therefore none are saved except in this life. This reasoning confuses certain specified blessings of sal- vation with the beginning or principle of salvation. But letting this pass it is valid only in case the minor premise of the first syllogism must mean : All the effectually called receive salvation in this life. But this indispensable exten- sion of the minor premise is impossible on any just principles of interpretation of either the Catechism or the Creed, and therefore the reasoning breaks down. For if there may be some who are effectually called, and therefore are of the elect and therefore will be saved, who do not receive this salvation here they must be saved elsewhere ; which is precisely the hope of Progressive Orthodoxy. The Westminster Standards affirm that "elect infants, dying in infancy, are regenerated and saved by Christ through the Spirit, who worketh when, where, and how He pleaseth. So also- are all other elect persons who are incapable of being outwardly called by the ministry of the word." Now if the "effectually called," in the article quoted from the Catechism and adopted into the Creed, include all the elect, then we must hold that elect infants receive in this life the blessings which are enumerated, and so also must 138 all other elect persons who are incapable of hearing the gospel. What now are these" blessings ? The article before us enumerates them in part. Thej are "justification, adop- tion, and sanctification and the several benefits which do either accompany or flow from them." In the Shorter Cat- echism these "benefits" are explained to be "assurance of God's love, joy in the Holy Ghost, increase of grace and perseverance therein to the end." If, then, the effectually called referred to in the article under consideration embrace all the elect, and, as is ex- pressly stated, there are " elect infants " and elect " other per- sons " who never are " outwardly called by the ministry of the word," it follows that all these infants who die in infancv, and these other persons who never hear the gospel, receive in this life the blessings included in justification, adoption and sanctification, and the other benefits described ; — that is, they experience in this life 'conviction of sin, enlightenment in the knowledge of Christ, renewal of will, the Spirit's persua- sion and power to embrace Jesus Christ freely offered in the gospel, pardon and acceptance as righteous in God's sio-ht, the imputation of Christ's righteousness which is received by faith alone, reception into the number and admission to all the privileges of the sons of God, ability more and more to die unto sin and live unto righteousness, assurance of God's love, peace of conscience, joy in the Holy Ghost, increase of grace and perseverance therein to the end.' Blessed infants! But who in his senses can think of puttino- an interpretation on this article which commits it to such absurdities ? We are still however far from being through with these consequences. For there is another alternative. If the "effectually called " in the article before us are all the elect, and all the elect consequently receive all these blessings in this life, it follows that only those are effectually called to whom such a description applies. Now it is impossible to apply it to the experience of infants and persons who know nothing of Christ. Hence we must conclude that there are no " elect infants," and no " other elect persons " beyond 139 the reach of the Christian ministry — not a soul imprisoned here from the light which is so pleasant and the truth which is life, among the elect ; not a pagan child or woman or man, — not one elected ; and therefore all are forever lost ! The simple truth is, as I have said, that the Catechism was written for believers and their children, for Christian fam- ilies and peoples. It was not composed before the Fall, or the Incarnation, nor in Africa. Torture its definitions, extort an unnatural meaning, and you make a consistent interpretation of the Westminster statements concerning effectual calling impossible. It is important to notice that the Seminary Creed recog- nizes the Westminster and Savoy distinction between the ordinary means of grace and those which the Spirit maj- employ at his good pleasure. It thus requires for its consist- ent interpretation that the article resj)ecting the benefits received in this life by the " effectually called " be not pressed beyond its original purpose and scope. Where the Creed speaks of the way in which men become " partakers of the benefits of redemption " it says : '■ the ordinary means by which these benefits are communicated to us are the word sacraments and prayer." The phrase "the ordinary means" is from the Westminster Standards and recalls the antithe- sis already noticed. The article in the Creed connects thus with the same larger circle of thought recognized by the Westminster divines. It would be against the whole stream of Instory to put upon a Creed prepared in New England at the beginning of the nineteenth century as a basis of union of all phases of Calvinism, a narrower construction than that intended for the same words bj'' theologians a century and a half earlier. The Westminster divines admitted a wider working of God's grace than they could define, and now the Andover Creed which copies their words, and at the same time teaches a universal atonement, is to be interpreted so as to shut the door which even the men who held to a limited atonement, to say the least, did not close ! And after all, supposing that the article before us were 140 thus perverted from its purpose, and made inconsistent with its history and the Creed, it would not then teach that the heathen can have no future opportunity of grace, but simply that they will not avail themselves of it any more than do the non-elect who have this opportunity here. And who can believe that the Founders both bungled and were irrev- erent in this fashion, as would be true of them if they intended to have this article construed as proposed. A statement certainly ought to be absolutely decisive to justify an interpretation loaded with so many difficulties and even impossibilities. As it stands, so far is it from being thus conclusive that such a use of it turns it from its appar- ent purpose, attributes to it a design unsupported by evi- dence, puts it into contrariety with other declarations in the same Standards, and requires an interpretation of the Creed that makes it a condition of office at Andover to teach what never has been taught there from the beginning, namely, that all who do not hear the gospel in this life, including all infants and young children, and multitudes of the unfor- tunate who have lived in Christian lands without the requi- site organs of mental and moral life, are not among the " effectually called," and therefore are not of the " elect," and therefore are lost forever. And such logic is to be applied to the Creed in order to squeeze out of it, if possible, what the framers of it would not write in it wlien they composed the article respecting the doom of the wicked. Besides this inferential argument, I know of but one otlier which is employed in order to render it impossible for a Pro- fessor at Andover to hope that a universal gospel may have some provision of mercy for the millions upon millions who do not hear of it in this life. It has been supposed that the Founders defined pretty clearly in their Creed the doctrinal test which they desired to impose. Until very lately no other has been so much as. suggested. But the same ingenuity which has extracted a modal Trinity out of phraseology which used the long estab- lished and technical nomenclature of an ontological Tiinity, and which has treated the articles of Progressive Orthodoxy 141 as though they were a bushel of words out of which children might construct sentences to suit themselves, has discov- ered in the Statutes a new Creed. We have had before disputes over the Original Founders' Declaration, and the Creed of the Associate Founders ; but now there appears a third one, never before known, nor suspected. Certainly these Statutes are progressive, if Orthodoxy is not. This new Creed is discovered in the Preamble to the Statutes. In the deeply interesting, and I may say affecting. Pream- ble to the Statutes of the Associate Foundation, the Associate Founders mention some of the motives which led them to consecrate their gifts to the purpose of " increasing the num- ber of learned and able Defenders of the Gospel of Christ, as well as of orthodox, pious, and zealous Ministers of the New Testament." Among these considerations they mention the fatal effects of the apostasy of man without a Saviour, the merciful object of the Son of God in assuming our nature and dying for our salvation, the institution of the Christian ministry, and the fact that "notwithstanding this appoint- ment the greatest part of the human race is still perishing for lack of vision." These latter words have been seized upon and turned into an article of faith and a condition of the trust which has been instituted. Such a use of them when explained will strike every can- did mind as illegitimate. They are not a part of any declara- tion, creed or promise which these men saw fit to require of those to whom they committed their trust. They are simply declarations of a motive by which they were actuated in making their gift, 'to be respected as such, to be regarded so far as they express a permanent law and motive of Christian conduct, but not to be exalted to a position which the Found- ers themselves did not assign them ; viz., that of a required article of faith. I say this chiefly as a protest against the method of this argument of the complainants, rather than against its matter. For I " hold, maintain and inculcate," as my own belief and as a motive in life, that men are perishing for lack of vision, i.e., for the want of a knowledge of the gospel. Every sinner 142 is perishing, and is in clanger of perishing everlastingly, and will thus perish save as redeemed by Christ. Paul, as a friend has suggested, goes so far as to say, " For as many as have sinned without law, shall also perish without law." This is stronger language than that of the Founders. I sub- mit to the Apostle. But how would Paul, were he on the earth, rebuke men who still persist, after the clearest demon- stration that such was not his teaching, in claiming that his words compel us to hold that all the heathen actually perish, that not one will be saved. He believed that men were j)er- ishing for lack of vision, but not that this exhausted the di- vine purpose concerning them. Many of them did not perish, for through this same Apostle they heard of Christ, and be- lieved in Him. Multitudes now are perishing, but whether everlastingly or not, depends on something not taken into account when such language is used. It states the truth, but not the whole truth. It presents a motive which every Professor at Andover should be governed by, but it is not a statement of a doctrine which rules out all hope for the heathen, any more than does Paul's stronger declaration, " As many as have sinned without law shall also perish without law," for to some of such he afterwards wrote the letter known as the Epistle to the Ephesians, with its glow- ing representation of the revealed mystery, and its assurance that ' the dead in trespasses and sins^ without Christ, having no hope, without God in the world, now had access hy one Spirit unto the Father, and had become a habitation of God through the Spirit.'' There is one other consideration, or class of considerations, to which I would invite your special attention before I leave this particular numbered eleven. In the reply which I filed Nov. 30, referring to " oppor- tunity to be influenced by the motive of an offered Saviour," the remark is made: "It seems to be implied in the univer- sality of Christ's Person, Atonement, and Judgment." In Progressive Orthodoxy, this universality is often spoken of as a principle, " the reality of Christ's personal relation to the human race as a whole, and to every member of it, — 143 the principle of the universality of Christianity." This principle is put forward as the key to the whole volume (pp. 3, 4). What I wish now to submit to you is, that this principle is covered, and, I may say, is made prominent in the Creed. The Creed affirms the Deitv of Christ and his Eternal Sonship. This Eternal Son became man and continues to be God and Man in two distinct natures and one person for- ever. This is as distinct a doctrine as words can contain of the universality of Christ's Person in its constitution. He is God, — you cannot limit his relation, therefore, without circumscribing his divinity. I speak not now of limitation in method of revelation, but in nature or essence. He is man, but so that his manhood unites in one person -with the Eternal Son ; he is not an individual member of the race, therefore, like you and me, but its universal head. Now take a step forward with the Creed : " [I believe] that, agree- ably to the covenant of redemption, the Son of God, and he alone, by his suffering and death, has made atonement for the sins of all men." I shall endeavor to show further on that here we have one of the two distinctive notes of this Creed, that if anything in the Creed must be taken with absolute literalness and in the full force of its language, this a fortiori must be. It is enough now to leave it with this repetition of its words. Agreeably to the covenant of redemp- tion^ the Son of God, and He alone, by his suffering and death, has made atonement for the sins of all men. Now the inference which my associates and myself have drawn in the volume called Progressive Orthodoxy, is to our view a legitimate and even necessary deduction from the prin- ciple thus emphasized in the Creed. So far were we from supposing that we were teaching contrary to the Creed, that we regarded ourselves as developing one of its most character- istic principles, namely that of the universality of the religion of the cross of Christ. We were fortified in this conviction by the fact that there is another principle in the Creed which also aids to our conclusion. It, too, as I will subsequently try to show, is a characteristic, a special note and feature of 144 the Creed. I refer to the principle that God's government of mankind deals with men as free moral agents, that sin and righteousness are not transferable quantities or qualities, nor passive states, but imply always personal agency. God deals not only with man, but with men, every man, and deals with each as a free moral agent. Put this and that together and grant the universality of Christianity, and that every man is dealt with in accordance with this universality as a free moral agent, and we have the entire premise of our argument. And this premise is not only in the Creed, but is there as its most distinctive feature. I suppose no one will question that we have a right to the logic of the Creed. If a conclusion thus obtained contra- dicts some statement elsewhere made in the same document, a question of interpretation arises. But I need not stop to discuss this question here, for the Creed makes no statement inconsistent with our inference. We have a right, therefore, to our conclusion so far as the Creed is concerned. That, at any rate, does not estop us. It is not a condition of the trust we have received that no such inference be drawn, even if the inference be incorrect. The Founders have imposed upon your Reverend and Honorable Body serious responsibil- ities, but I think you will not regret that you are not made responsible for every instance of bad logic on the part of each Andover Professor. I know not that I need weary you with any detailed reply to the remaining particulars in the Amended Complaint. I seem to myself to have said all that is necessary concerning them in the Reply which has been filed. I think, also, that I have now covered the ground which has been definitely chosen for the present issue by the com- plainants. Everything else which they have introduced is not sufficiently specific and plain as an accusation to enable and require me to answer it. I claim therefore that upon everj'- one of the charges which are properly in issue the complainants have failed to show 145 that I "hold, maintain and inculcate " in my office as Pro- fessor anything not in harmony with or antagonistic to the Creed and Statutes of the Seminary, and that I am therefore entitled to a complete acquittal. And here I might safely, I douht not, rest my case. But I ask your indulgence in the peculiar position in which I am placed, in submitting some further considera- tions, strictly relevant, as I conceive, to the preceding issue, but derived from a broader range of views than has been possible in following one by one particular accusations. The official pledges and promises at Andover do not require the Professors to think and teach in all respects alike. They do, however, make it imperative that we should open and explain the Scriptures to our pupils with integrity and faithfulness. They impose upon us the sacred obliga- tion to unfold the truths of the Creed in opposition to past heresies and current errors which are hazardous to men, according to the best light God shall give us. This is a law for the conscience of every Professor. This I have promised. How am I to keep this promise ? This inquiry involves these practical questions. How am I to accept the Creed of the Seminary? How ought I to accept it? How ought you to require me to accept it? I raise deliberately this larger question, with all that it includes. I should have been glad, if instead of compelling me to wander through the long and tedious list of preposter- ous charges which 1 have reviewed, the complainants had raised directly the vital issue, although it is perhaps credit- able to their sagacity that they have not. I maintain — you will pardon me if, under the conviction of the utter unreasonableness of the attack which has been made upon our fidelity and our liberties, I do maintain — that we are entitled at your hands to something more than a technical acquittal. We have endeavored, in sincerity and good conscience, to put our Lord's money out to usury. It has well been said that if there are perils in such a course there are greater perils in the opposite course. The man who buried his talent was very faithful and very conserva- 146 tive, as some men understand fidelity and conservatism, but our Lord applied to him other designations. We have received the Creed of the Seminary as a sacred trust. We have sought to put its truths out to usury. No man, in my humble judgment, really takes the Creed, of the Seminary, no man is fit to be a teacher of young men on its founda- tions, who does not thus endeavor. It has been said that eventually there will be two sets of Professors at Andover ; one who will take the Creed and do little else, another that will give the lectures. I may be wrong, but I have not sup- posed this to be the " true intention " of the Founders. Permit me then to state the principles by which I have been governed in my acceptance and use of the Creed, that is, in fulfilling my promise to maintain and inculcate the Christian faith as expressed in the Creed ..." so far as may appertain to my office, according to the best light God shall give me ..." 1. I accept the Creed as it is written. I have supposed my first duty to be to understand what it says, to gather its meaning from its own words, interpreting them by the ordi- nary and established rules of interpretation. With this understanding of the formula I take the Creed literally. I reject as dishonest the theories of creed-subscription desig- nated by the phrases " private interpretation," " non-natural sense." 2. I accept the Creed in the outcome and completeness of its meaning when compared part with part. I do not find its meaning in one article alone, for there are, besides the Dec- laration, thirty-six distinct articles. I subscribe not merely to the words of the Creed, but rather to the meaning which the words yield when part is compared with part, article with article, clause with clause. Occasionally a single technical word may modify an entire article, as the word " consti- tuted " which may be understood to contain a theory going back to the Council of Trent and into the scholastic dis- putes between the followers of Aquinas and those of Duns Scotus, or the word " Person " in the article on the Trinity, which has d history from the days of Tertullian ; or the 147 word " personally" in the article on Depravity, which has in it the outcome of disputes between different schools of Cal- vinism, as well as between Calvinists and Arminians, which had been oroinq; on for centuries. Whatever is the outcome of the Creed as a whole I accept. An opposite, or apparently opposite theory of subscription has been asserted with great positiveness and argued with much force. It is that a Professor in signing the Creed accepts each article by itself. I admit the obligation to believe in every doctrine of the Creed, and to an acceptance of every article as it forms a consistent part of the whole ; but I deny the binding force of each individual statement, taken apart from other statements. It is said : You affirm your belief in each. My reply is, that I cannot be required to believe in contradictions, and that the Creed must be allowed to interpret itself. I cannot suppose that in the same breath the Founders intended to require me to be a " consistent " Calvinist and to take an inconsistent Creed. They must therefore have intended to give me liberty of interpretation as respects particular articles. Let me make this clear by an example. When the Creed comes to the topic of Redemption it takes three articles in succession from the Catechism and adds a fourth original to itself. The articles read : — " [I belieA^e] that God of his mere good pleasure from all eter- nity elected some to everlasting life, and that he entered into a covenant of grace to deliver them out of this state of sin and misery b}- a Redeemer ; that the only Redeemer of the elect is the eternal Son of God, who for this purpose became man, and con- tinues to be God and man in two distinct natures and one person forever ; That Christ, as our Redeemer, executeth the office of a Prophet, Priest and King ; that agreeably to the covenant of redemption, the Son of God, and He alone, b}' His suffering and death, has made atonement for the sins of all men." Down to these last words we have the language, the ipsis^ sima verba, of the Catechism. And even in this article we have the traditional formula " covenant of redemption," 148 Now if •yon take these articles, each as it stands, giving to each its natural, histoiical, full meaning, you are involved in an insoluble contradiction of belief. The first three articles state in unequivocal terms the doctrine of limited atonement : the fourth expresses plainly the doctrine of universal atone- ment. In other parts of the Creed it is claimed that phrase- ology is employed broad enough to admit the theories of all parties to the coalition, the Old or High Calvinists, the Mod- erate Calvinists, and the Hopkinsian Calvinists. However this may be, here, at least, the first party completely surren- dered. It is just possible that if he had chosen so to do a High Calvinist might have said " made atonement for " means "sufficient for" and nothing more, but this puts a strain upon the words. They signified much more than this to the Hopkinsians. They meant more to the first Pro- fessor of Christian Theology at Andover, who received his nomination to their chair from the so-called Orioinal Founders, as appears from his celebrated missionary sermon at Salem in 1812, in which he emphasizes the motive of an atonement not only " sufficient for Asiatics and Africans," but " made for them as well as for us." We may not doubt that they were understood in their evangelical sense by Moderate Calvinists who aided in the counsels from which the Seminary originated. Perhaps I spoke too strongly when I used of any Calvinist who had a part in the construction or institution of the Creed the word " surrendered " ; there may have been no resistance, no disagreement at this point, though the earlier Calvinists of New England, represented by Samuel Willard, spurned even the concession that Christ's death was " sufficient " for all. We have thus in the Creed new language, expressing what was still a novelty in Calvinistic doctrine, the truth that Christ on the cross died for all men, thrust into immediate sequence upon the established and traditional formulas which had affirmed for nearly all the preceding generations in New England that He died for the elect onlj'. 1 say only, for though this word does not occur in these formulas, its mean- ing is indelibly impressed on them. It is there by the tech- 149 nical and well-understood use of terras, there emphatically by the necessary connection and logic of the chosen articles, there unmistakably and completely. First you have the decree of election, then the covenant of grace which in- cluded the eternal covenant of Redemption between the Father and the Son and the elect in Him ; then, in pursu- ance of this electing decree, the incarnation of the Eternal Son, who, as our Redeemer, i.e., as Redeemer of the elect, executed the office not only of Prophet and King, but of Priest, in which latter office, as the Catechism explains, and the traditional theology fully agreed. He offered " up of him- self a sacrifice to satisfy divine justice and reconcile us to God," all, you notice, as Redeemer of the elect, and for the elect, and in pursuance of the decree of election. I see not how any man who takes these articles literally as they stand, who sneers at taking the Creed " in the gross," and insists on the acceptance of every doctrinal statement, can possibly extricate himself from the necessity of first saying : " I be- lieve that Christ executeth his office of priest under the decree of election, and for the purpose of that election," and then of immediately confessing " I believe that he executeth this office of priest under a different decree and for another purpose, namely, to die for the sins of the non-elect as well as of the elect." There is, indeed, one supposable way out of the contradiction, that of assuming that the whole race is elected, or predetermined, to salvation, as Schleiermacher believed ; but this is only a temporary escape, for, apart from the difficulty of interpreting the word " some " as meaning all, the closing sentences of the Creed are unfriendly to a doctrine of universal restorationism, and the subscriber would find that he had only exchanged one contradiction for another. This antagonism in the Creed of two doctrines of the atonement might be confirmed by tracing in detail the devel- opment of the two phrases "covenant of grace" and "cove- nant of redemption," and of the doctrine of the order of the divine decrees, but I have said enough by way of illustration — I am satisfied that it is simply impossible to take the Creed 150 in the way which I am opposing. I do not believe such a method ever would have been thought of but for the exigen- cies of controversy. There is a simple way out of these diffi- culties, — simple, but like many another simple principle it is found, when thoroughly applied, to be fruitful in important results. It is the path which the framers of the Creed must have intended should be followed, — its acceptance as a whole and as it ititerprets itself. 3. I accept the Creed for substance of doctrine. I employ this phrase under certain very careful restrictions. Were it not for the phrases "federal head and representative," "cove- nant of grace," " covenant of redemption," I should not need to use it at all, and I am not sure but that what I have said about taking the Creed as a whole comprehends whatever qualification I give to these terms. Still, for the sake of the utmost explicitness, I will state precisely what latitude I sup- pose this mode of taking the Creed permits. I do not under- stand that I am availing myself thereby of any other liberty than the framers intended should be used, or than was exer- cised while they were living and acting as Visitors, and than has been acknowledged and practised ever since. The phrase "■ for substance of doctrine " appears in the Preface to the Cambridge Platform, adopted by the Synod of 1648. Referring to the Confession "agreed upon by the reverend assembly of divines at Westminster," the Preface says: "Finding the sum and substance thereof, in matters of doctrine, to express not their own judgment only, but ours also ... we thought good to present ... to our churches . . . our professed and hearty assent and attesta- tion to the whole confession of faith (for substance of doc- trine)." The Synod also passed unanimously a vote ex- pressing " consent thereunto, for the substance thereof." From that early time on this method of accepting a Creed or Platform has obtained in New England. In his letters to Dr. Ware, the first Abbot Professor, enjoying the confidence of both sets of Founders of the Seminary and pre-eminent in his exertions to ensure the union, and writing only four years after a " perpetual union " was " established," remarked : "As 151 it is one object of these Letters to make you acquainted with the real opinions of the Orthodox in New England, I would here say, with the utmost frankness, that we are not perfectly satisfied with the language used on this subject [Imputation] in the Assembly's Catechism. . . . Hence it is common for us, when we declare our assent to the Catechism, to do it with an express or implied restriction." ^ Dr. Woods subse- quently modified his interpretation of the Catechism, but his testimony as to the custom and feeling of the Orthodox at that time and to his own liberty is not thereby affected. , Dr. Humphrey, President of Amherst College, and a Visitor of the Seminary, once remarked, " No mortal man, with a mind of his own, ever accepted the Westminster Catechism without qualifications of his own." " He was right," adds Professor Phelps, " the same is true of every Confession, — unless it be some brief compendium of historic fact, rather than of doc- trine, like the Apostles' Creed." ^ And the editor of the Conc/rec/ationalist, between four and five years since,^ defend- ing himself from the imputation of hostility to creeds, espe- cially the Andover Creed, remarked, . . . " for substance we heartily accept it, as Professors Park and Phelps have always done." Even that stern censor of former Professors at Andover, Rev. Daniel Dana, D.D., while contending against their here- sies, made this noteworthy concession : " Nor will I contend that the man who has taken a lengthened creed should be trammelled by all the minutice which it may embrace."* And Dr. Hodge, in the Princeton Mevieiv, speaking for the Old School wing of the Presbyterian Church nearly a generation ago, remarked (I use this extract on the a fortiori principle) : " It is a perfectly notorious fact, that there are hundreds of min- isters in our Church, and that there alwaj's have been such minis- ters, who do not receive all the propositions contained in the Confession of Faith and Catechisms. . . . The principle that the 1 Letters to Unitarians, Andover, 1820, p. 45. 2 Quoted by Rev. Dr. Fiske in The Creed of Andover Theol. Sem., 1882, p. 32 3 June 21, 1882, * Sermon on the Faith of Former Times, 1848, note to p. 16. 152 adoption of the Confession of Faith implies the adoption of all the propositions therein contained ... is impracticable ... "is more than the vast majority of our ministers either do or can do. To make them profess to do it is a great sin. It hurts their conscience. It fosters a spirit of evasion and subterfuge. It teaches them to take creeds in a ' non-natural sense.' It at once vitiates and degrades." ^ A common method in New England may be illustrated by an extract from the covenant of the Church in Salem, of which Dr. Daniel Hopkins, the brother of Dr. Samuel Hop- kins, was pastor from 1778 to 1814, — the church, it is of further special interest to note, with which the Associate Founder John Norris attended worship. "Professing a belief in the Christian Religion as contained in the Scriptures of the Old and New Testament, and embracing that scheme of doctrine which is exhibited in what is called The Assem- bly's Shorter Catechism, as expressing, for substance, those impor- tant truths which God has revealed to us in his holy word." And again: "Knowing the necessity of order and discipline in every body of fallible men, we promise to submit ourselves to the gov- ernment of Christ in his church agreeably to the directions on this subject contained in the eighteenth chapter of Matthew, and as more fully set forth in the Platform of Church Discipline drawn up by the Congregational Synod, at Cambridge, New England, A.D. 1648, which, in substance, we adopt, as agreeable to the rules and spirit of the gospel." ^ In entire concurrence with the method familiar to Dr. Hopkins and Mr. Norris at Salem, and in the line of the tes- timonies already adduced, are the reminiscences and testi- mony of the venerable Gardiner Spring, a son of Dr. Samuel Spring, one of the authors of the Seminary Creed and one of the first Visitors. He says, referring to the Westminster Confession : " Few, in this age of inquir}', believe every word of it. Nor did our fathers. I myself made two exceptions to it when I was re- 1 Reprinted in Church Polity, pp. 330-332. 2 The Covenant of Third Church of Christ in Salem, Salem, 1841, pp. 6, 7, 8. 153 ceived into the Presbytery of New York fifty-five years ago. Nor were those exceptions any barrier to my admission.^ I am no bigot and no friend to innovations. Let our Confession and Cate- chism stand. . . . Witherspoon, Rodgers, McWhorter, Smith, Miller and Richards were not men of strife, nor did they lend their influence to awaken jealousies, heart burnings, and chilling aliena- tions among those who ought to love as brethren. We have no Act of Uniformity to compel a perfect unanimity in every minute article of so extended a Confession. There are shades of thought and forms of expression, in regard to which men will not cease to think for themselves. I could specify man}' points in which not a few of our ministers and ruling elders do not exactly agree with our standards. Yet they are all honest Calvinists, and receive our standards as the most unexceptionable formularies ever drawn up by uninspired men, and receive them as a whole with all their hearts. The iron bed of Procrustes is not suited to the spirit of the age. Some modern Theseus will yet be raised up, and show to the church that there is small space for the couch of bigotry in the nineteenth centur}'.^ " I will add but one more testimony, and this not from a clergyman, but from a decision of the Supreme Court of Massachusetts rendered by Justice Thacher in the year 1815. It was contended that a legacy to the Seminary was void, because " the original design of the founders of the Academy was to propagate Calvinism, as containing the important principles ... of our holy Christian religion, as summarily- expressed in the Westminster Assembly s Shorter Catechism ; whereas, the design of the donors of the Associate Founda- tion is to add to Calvinism the distinguishing features of Hop- kinsianism, a union or mixture inconsistent with the original design of the original founders of the Academy and of the theological institution." It was further contended, that if there were 'but one single article in the Creed contrary to Calvinism, or a single article omitted from the Creed which characterized Calvinism as understood at the time of the 1 i.e. 1810. Two years after the Associate Foundation was established. 2 Life and Times of Gardiner Spring, II. pp. 21, 22. 154 foundation of the Academy,' the legacy was null and void. The Court overruled and rejected the principle that a Creed must be taken in its several articles irrespective of other articles or equally required statements of doctrine. It confirmed as of legal validity the principle which I have stated already under number two (2). It further urged the duty of " charity of construction," by which " technical prop- ositions, should not be pressed, by a construction " astute, nar- row and uncharitable," into an antagonism which could be avoided ; and, applying this principle, the Judge said : " F'or myself, I confess that I do not clearly perceive any other sense than that in which the articles mean substantially the same thing, notwithstanding some diversity of expression, in which they can be said to be true and consistent with the Christian religion." I quote this last opinion, not merely on account of its great weight as testimony, but because it indicates the true sense and application in the case before us of the phrases " substantially " and " for substance of doctrine." These phrases are sometimes objected to, not without rea- son, as vague. Dr. Hodge makes this criticism. But their convenience and utility keep them in use, and as it were compel it. Dr. Hodge, after rejecting them, gives illustra- tion upon illustration which implies his acceptance of just what they are commonly understood to mean. These phrases do not mean that a signature for substance of doctrine can cover a method by which the substance of a creed is eliminated ; nor one by which any doctrine is rejected which belongs to a creed when it is regarded as a whole. They cover two points : first, a distinction between the necessary, integral parts or doctrines of a creed and those wliich are subsidiary and non-essential ; second, a distinction between contents [substance] and form. In the first of these two senses it may be thought that the phrases " for substance of doctrine " or " substantially " can have no place in the interpretation of a creed so precise as that appointed by the Associate Founders. Such a use, it may be feared, would run into the objectionable method by 155 which a doctrine accepted "for substance" is "substantially" rejected. I admit the necessity of care and explicitness. I deny, however, that the phrases have no application, or are of no service. They embody the principle expressed by Jus- tice Thacher in the words " charity of construction." A Creed like the Andover is not the work of one mind, but of many minds ; not of one age, but of very many. Its tradi- tional phraseology is the larger part of it. It deals with many subjects which are only approximately apprehended by the Church as a whole, and are somewhat differently appre- hended by various schools of thought, and various theolo- gians, all of whom, however, are in general agreement. Take what are called the mysteries of Christianity — the Trinity, the union of two natures in one Person. The Creed of Chal- cedon, which is the standard orthodox symbol on this latter mystery, is called in the records a "boundary." It is a defi- nition in the sense of pointing out certain errors to which faith is exposed and which the true doctrine will exclude, certain limits on either side, which cannot be passed without renouncing certain necessary elements of belief. The Creed says: 'The doctrine is — there are two natures; hold this theory or that, and you deny one nature or the other, the divine or the human. The doctrine is: There is one person ; hold this theory or that, and you come into contradiction to this personal unity.' But no man in his senses ever thought that this definition gives us an exhaustive statement of the doctrine of the Person of Christ, or shuts up a man who con- fesses it to every subsidiary formula which men have invented in endeavoring more firmly to apprehend it, or more fully to appropriate it. It lies in the nature of the truths confessed in a creed, that they are not measurable nor ponderable nor definable like the commodities or currencies of commerce, like an acre of ground, or a house-lot, or a dollar whether gold or silver. One does not sign a creed precisely as he signs a note. There is a mischievous fallaciousness in the way in which men use such comparisons, and then proceed to impeach their brethren's honesty, simply because they do not know what they themselves are talking about. 156 This principle of " charitable construction " by which di- versities of form in holding a doctrine are overlooked, has been employed in the history of the Seminary and under the eyes of its founders, so as to cover not merely a diversity as to the form but as to the substance of subsidiary or unessen- tial doctrine. One perfectly plain tenet of the Creed, if an individual and important phrase is to be pressed, has never been required. At one time I presume most of those who subscribed, Professors and Visitors alike, did not accept it in its proper meaning as it stands in the Creed. I refer to the doctrine of the Eternal Sonship. The Creed says : " [I believe] that the only Redeemer of the elect is the eternal Son of God, who for this purpose be- came man, and continues to be God and man in two distinct natures and one person forever." Every Professor, every Visitor, since the Seminary was founded, has signed this statement. One of the earliest signatures is that of Moses Stuart. In his Letters to Rev. William E. Channing (" 1819, republished in five successive editions") Pro'f. Stuart repudi- ated, as is well known, the Nicene and historical church doc- trine of Eternal Generation, or that the Son was always Son. He admitted an eternal distinction in the divine nature, that this distinction became incarnate and was called Son as in- carnate, but denied that the name Son properly designates this distinction considered as eternal. In a word, the words Eternal Son did not mean to him what they had meant in the church, what they meant in the Catechism, whose words are here appropriated, what they meant in the traditional theol- ogy of New-England, what the}^ meant to Dr. Samuel Hop- kins and to Dr. Samuel Spring, both of whom are explicit even to the rejection and condemnation of any denial of this established traditional meaning. I know of no evidence that at the time the Creed was written they had gained any new accepted interpretation. They require in the Creed therefore their ordinary sense. Professor Stuart rejected this tenet, and apparently without any hesitation or misgiving. He defined his position in re- spect to the creed of Nicea by saying that "the thing aimed 157 at was in substance to assert the idea of a distinction in the Godhead," which is perfect!}^ true as the history shows. He said later that the fathers were " in substance right, their pneumatic philosophy plainly inadmissible." ^ He must have explained to himself his disagreement with the language of the Catechism in the Seminary Creed on the same princi- ple. He held what the phrase " Eternal Son," in its tradi- tional sense, stood for, viz., the doctrine of the Deity of Christ. But the traditional form of this belief, as embodied in this phrase, he denied. That is, he held to the substance of the doctrine, as this is an integral and essential part of the Creed, but he rejected a subsidiary, and as he regarded it, unessential and unbiblical form of that doctrine in its sub- stance, though this is a part of the substance of the Creed. This was done by him while he was in most intimate rela- tions with the early Founders of the Seminary, particularly with the Associate Founder William Bartlet, who continued to pay bills for German books, which Professor Stuart imported almost by the cart-load, and who never was disturbed, I pre- sume, because small men and narrow men cried out against his Professor's neology. Professor Stuart was called to account by Dr. Miller of Princeton, and in reply published a heterodox book and assiduously followed up all this "heterodoxy" by excursus after excursus in his commentaries, and by articles in the Biblical Repository and the Bibliotheca Sacra. I have had myself a little experience in relation to this doctrine. I have been led to accept the ordinary church doctrine, and that of the Catechism and the Creed. 1 do not wish to "Compound for sins [I am] inclined to By damnhig those [I] have no mind to ; " but I am persuaded that Professor Stuart was wrong in the result of his exegesis on this point and in his interpreta- tion of the history of the doctrine of the Eternal Sonship. I agree with the early Hopkinsians as well as with Charles Kingsley and Frederick D. Maurice in thinking this doctrine i Bibliotheca Sacra, vii. p. 314. 158 an important one, and its rejection an error .of some conse- quence. Coming early in my teaching at Andover to this conclusion, I have maintained the Creed on this point as I promised according to the best light God has given me. I soon learned, by the fire of questions poured in upon me that my pupils had been taught otherwise in another lecture room. I made no allusions to such teaching, but simply kept on with my own. It never occurred to me that some- body should be tried for "heterodoxy." If I had been a lawyer, certainly if I could have been a judge, I should have said that the article in the Creed was doubtless subscribed by my pupils' teacher in Cliristian theology, who had sub- scribed to the phrase " Eternal Son " in the Catechism as well as in the Creed, on the principle of " charitable con- struction," but being not a lawyer nor judge, but a Professor of Ecclesiastical History, I thought and still think that he subscribed on the principle which he now so vehemently repudiates, and which is expressed in the venerable New England formula, " for substance of doctrine." This will I think make clear the full extent of my mean- ing. I reject all vague and loose applications of the phrase " for substance," but it has, I hold, its legitimate place in any requirement of subscription to the Seminary Creed which has even a decent regard to past usage, whether at Andover or in the church at large, or to the decisions of legal tribunals, or to the true intentions of such men as founded the Seminary whether Hopkinsiaus or Old Calvinists. I know of but one important objection to this claim. It is said that the purpose of the Hopkinsians, who put the Creed into their Statutes, and came into the union on its acceptance by the Andover Founders, was to compel the Moderate Calvinists to greater strictness of belief at Andover than could be secured by a general consent to the Catechism ; that in their opinion a general subscription or assent had let into the ministry a great many men who were doctrinally unsound, and that they intended to bar out such looseness. If now their own Creed is to be subscribed for substance, as the Catechism had been taken, the desired protection is 159 thrown away, aTid the assumed purpose of the Founders is frustrated. I think this is a fair criticism upon such interpretations and uses of the formula, " for substance of doctrine," as I have rejected and condemned. But it goes no further. It overlooks important facts. 1. The fact that the Creed is a union Creed. What was its origin and first form is uncertain. One account repre- sents that it was constructed for the Newbury Seminary, which was not intended to be a mere Hopkinsian affair, but . broader. Another alleges that it was first presented to Dr. Spring by Dr. Pearson who represented' the Andover Founders. All accounts agree that it was not intended for a mere party, and that it was finally accepted as a basis of union. It has from early times been called a " compromise " Creed. It certainly was designed to be comprehensive, and this is a more honorable description of it. 2. The fact that the Creed contains traditional phraseology which was accepted in its traditional meaning by some at least of those who entered into the union. 8. The fact that these men approved of this language being taken by other men with a new meaning, and that those who thus took it consented that such language should remain in the Creed. One of these historical phrases is contained in the article : " [I believe] that Adam, the federal head and representative of the human race was placed in a state of probation and that in consequence of his disobedience all his descendants were constituted sinners." The phrase "federal head and representative " is the symbol of a distinct type of theology. In New England this had been, until the days of Jonathan Edwards, and particularly of Samuel Hopkins, the established system. It is the teaching of the Catechisms and the Con- fession. It was undergoing changes, but its essential idea that man's depravity comes to him not simply as an act of sovereignty but of law and justice was not yet abandoned. Emmons found it necessary to preach against it elaborately. Nor was it excluded from the Creed by the phrases " in con- 160 sequence of " and " were constituted sinners." The latter is as old as the Vulgate/ It is Calvin's 2 language, and Turretin's.3 Professor Park comments on it as though it were distinctive of Emmons. He says : " In one and the same discourse the doctor [Emmons] calls Adam ' a federal head of the race ' and criticises the Assembly's Catechism for teaching that Adam entered into a literal covenant with his Maker. So in one and the same sentence the Creed excludes all that the Catechism says in regard to the covenant of works, quotes the very language of Emmons, that all Adam's ' descetidanis were constituted sinners,'' and also designates Adam as ' the federal head and representative of the race '. One sermon of Emmons is compressed into one article of the Creed." Unfortunately for this representation the sermon referred to was not preached until after the Creed was adopted, and the Seminary estab- lished ; nor, so far as I can ascertain, was it published until 1860 in the edition of Emmons's w^orks to which Dr. Park contributed a memoir. It is also well understood that Dr. Emmons was not entirely satisfied with the Creed. And, apart from all this, every old Calvinist could use the phrase "were constituted" and even "in consequence of," as well as the Hopkinsians. So that the article might with less forcing of its terms be harmonized with the Old Theology than with the New. Yet, on the other hand, it does not speak of the covenant of works, nor impute Adam's sin as guilt to his posterity, and the general shaping of the lan- guage in the context is all friendly to the new conceptions of moral agency which the Hopkinsians were zealously propagating. They too could live under this article in the Creed provided they could be allowed to accept the federal headship of Adam with a certain degree of latitude, in other words " for substance of doctrine." Professor Park really ad- mits this to be the true explanation. For he adds to the words 1 "Peccatores constituti sunt multi." Vulgate transl. of Rom. v. 19. 2 " Queraadmodum enhn per inobedientiam unius hoininis peccatores con- stituti sunt multi : sic et per obedientiam unius justi coustituentur iiiulli." Com. on Rom. v. 19. 3 " Eadem quippe ratione constituiraur peccatores in Adamoqua justi con- stituiiiiur in Christo." Inst. Theol. Eleivt., Pars Prima, Locus Nonas De Ptcmto. Q. IX, § xvi. ed. Lugd. Batav. 1G96, Vol. I. p. USl. 161 I have just quoted the statement, " The disclaimer of a word in a literal sense need not be a disclaimer of it in a figurative sense," and earlier on the same page, he says : " Those Hop- kinsians, however, did not believe in any literal covenant of works. They could use the term figuratively, but would not insert the language of the Catechism into their Creed." Their Creed! It was not theirs alone. It was the Creed of the Federalists also, who could use the terms of this the- ology as the Hopkinsians could not. So that we are shut up to this conclusion. The Federalists put into, or found in, the Creed their favorite phrase "federal head and repre- sentative " ; the Hopkinsians at least consented to its remain- ing there ; and each party understood not only that it might bear a different meaning to the other, but that even if it did so, and the Creed were thus taken, it was satisfactorily taken, for it was accepted /br SM^stewce of doctrine. Some criticism has been expended upon the Founders for their consenting to an ambiguous article. If the principle of the procedure were that each party should find his own doctrine by catch- ing at one clause and ignoring another, by interpreting /e(iera^ headship "figuratively" and constituted "literally," or vice versa, I think the procedure could not be defended. I sup- pose it to have been a larger, a firmly established and well understood principle on which they acted, namely, that what- ever special theories these technical formulas suggested, and whatever preferences one person or another might entertain as respects these subsidiary forms of doctrine, the great fact was confessed of human depravity, so that men are acknowl- edged to be "morally incapable " of self-recovery, and to be in need of a Redeemer, and of regeneration by the Holy Spirit. Admit that the Article I have been considering can be accepted "for substance of doctrine," as I believe it has been subscribed from the first, and you simply apply to the Creed a well-known principle. Deny that this is legitimate, and you make an honest subscription impossible for any one but a Federal Calvinist, and discredit the entire history of the Seminary. It is discovered that Dr. Emmons once or twice, when he could not be misunderstood, used the older 162 phraseology figuratively. And this is brought forward as a reason for giving the phrase the same interpretation in a care- fully drawn Creed. In other words, because a preacher, in order to avoid a seemingly entire divorce of his thought from inherited principles, uses a familiar term in a way which sug- gests a connection between his own clearly explained and new views and the older theology, we have a right to under- stand such a phrase in a Creed to be figurative^ and so are enabled to sign it literally, and avoid the offense of taking it substantially, as it has been taken from the time it was first written. I claim the right to abide by the accepted usage and the long established principle, and this not merely with refer- ence to this article but wherever a similar exigency arises, always remembering the restrictions I have acknowledged. There is one other general principle in the acceptance of theological creeds which was emphasized By Dr. Henry B. Smith, and which is of importance now. I remark therefore fourthly, 4. I accept the Seminary Creed in its historical sense. I do not mean by this that opinions which it does not ex- press may be read into it because they were entertained at the time it was written, and perhaps by the men who composed it ; nor that opinions which they put into it may be taken out of it because, perchance, if they were living now, they would appoint a different creed. The Associate Founders reserved to themselves the rieht for seven years to amend the Creed. They prohibited sub- sequent alterations. This does not define the nature of sub- scription, as some have affirmed; but it doubtless does exclude, indirectly or by necessary inference, any mutilation of the Creed in its administration, either by adding to it a tenet which it does not authorize, or subtracting from it one that it requires. To this extent it supplies a rule for subscription. I agree to this rule, and do not assert anj^thing contrary to it when I affirm the historical sense of the Creed. I intend by this formula to emphasize several things. (1) The language of the Creed must be interpreted histor- ically. Its traditional terms, not otherwise explained, must 163 have their traditional meaning. Whatever of strictness, whatever of liberality, belongs to them when thus under- stood, enures to the subscriber now as at the first. Such words and phrases are some already noticed : " only perfect rule of faith and practice," "three Persons," "same in substance," " equal in power and glory," "Adam, the fed- eral head and representative," and so on. Many Trinitarians hold to a personal or hypostatic subor- dination of the Son to the Father. So long as this is not under- stood to contradict what is affirmed by the phrase " same in substance," there is nothing in the Creed to exclude such a mode of belief. For the phrase "equality in power and glory " historically interpreted does not exclude either official or personal subordination, but only essential. One who denies the true Divinity of the Son could not sign the Creed honestly, but any believer in this doctrine, though a subordi- nationist, might accept it. We have li^re, as vevy often in the Creed, phrases which are not contracted but comprehen- sive, leaving room for many minor modifications of belief. So the term "federal head," which also is left undefined, has a historical latitude of meaning. It came into vogue in opposition to an extreme type of Calvinism. It represented a new departure. It characterized a movement away from scholastic Calvinism in the direction of a Biblical Calvinism, It was a protest againsi an over-wrought doctrine of sov- ereignty, in the interest of human freedom. A man is not simply a creature, but a person, with whom God condescends to make a covenant. A distinguished theologian, to whom I have before referred, contends that the Creed must be taken in all its details, and cannot be taken as other Creeds are taken, but when he speaks of its federal terms he says, in language already partly quoted,^ that the Founders " believed wisely in the ' covenant of redemption ' and in the ' covenant of grace,' as these terms were understood by the divines whom they deemed most authoritative. Those Hopkinsians, however, did not believe in any literal covenant of ivorks. They would use the term figuratively ..." Thus by a 1 The Associate Creed of And. Theol. Sem., pp. 44, 45. 164 " wise " interpretation and a " figurative " interpretation, all the "details" of the Creed can be accepted literally! But there is no need of such latitudinarian canons. Taken historically all these terms are way-marks of pro- gress along the line of modern theology, as it has more and more realized the true character of God as revealed in Christ, his overstepping the bounds of instituted law in the promises of his grace, his dealing with men as persons endowed by Him with inalienable rights. Professor Park has been wont to say that the covenant of works was made in Holland. It was — and it has in it the principle of liberty for which the Netherlanders fought by land and sea. I would not miss from the Creed Bullinger's " covenant of grace " or Cocceius's " covenant of works " in the form of Adam's federal headship. They are all there, and the signer of the Creed has his rights under them and to them. They are still a standing protest against an extreme type of Calvinism which after having been modified by Federalism suddenly shot up like Jonah's gourd in Emmonsism. The Creed, as Professor Park wisely but not figuratively claims, is "protective," if historically taken, and as a whole. (2) Whenever traditional language is departed from and new phraseology introduced we are brought into special contact with the intention of the Founders. In the legal interpretation of a document which is com- posed of printed matter and written statements, the latter • have the preference in interpreting the author's purpose. They more especially express his mind and will. This is an important principle in its application to the Seminary Creed. There are three parts of the Creed in which these novelties of doctrine appear — the part which relates to original sin, the one which treats of redemption, and the part which treats of God's universal moral government ; and the new matter introduced consists of either an enlargement or cor- rection of the traditional theology in respect to two points, God's purpose of redemption, and the ethical principles by which He is governed in dealing with men • these two aspects 165 of truth being indeed but one principle by which Theology always makes what progress it achieves, namely, a more thoroughly ethical or Christian apprehension of God. The truth of what I have been saying will appear to any one who examines intelligently a copy of the Creed, like the one I have prepared which shows by Italics those portions which are copied from the Shorter Catechism, by Roman type and black ink where the thoughts of the Westminster Standards are reproduced, and by red ink what is new. " Every Professor on this foundation shall be a Master of Arts of the Protestant Reformed Religion, an ordained Min- ister of the Congregational or Presbyterian denomination, and shall sustain the character of a discreet, honest, learned, and devout Christian, an orthodox and consistent Calvinist ; and, after a careful examination by the Visitors with reference to his religious principles, he shall, on the day of his inaugu- ration, publicly make and subscribe a solemn declaration of his faith in Divine Revelation, and in the fundamental and distinguishing doctrines of the Gospel as expressed in the following Creed, which is supported by the infallible Revela- tion which God constantly makes of Himself in his works of creation, providence, and redemption, namely : — " I believe that there is one, and hut one, . . . living and true God ; that the ivord of G-od, . . . contained in the Scriptures of the Old and Neiv Testament,^ is the only perfect rule of faith and practice ; that agreeably to those Scriptures God is a Spirit, infinite, eternal, and unchangeable in his being, wisdom, power, holiness, justice, goodness, and truth; that in the Godhead . . . are three Persons, the Father, the Son, and the Holy Ghost ; and that these Three are One God, the same in substance, equal in power and glory ; that God cre- ated man . . . after his own image, in knowledge, righteousness, and holiness ; that the glory of God is man's chief end, the enjoyment of God his supreme happiness ; that this enjoy- ment is derived solely from conformity of heart to the moral character and will of God ; that Adam, the federal head and 1 S. C, Testaments. 166 representative of the human race, was placed in a state of probation, and that in consequence of his disobedience all his descendants were constituted sinners ; that by nature every man is personally depraved, destitute of holiness, unlike and opposed to God ; and that previously to the renewing agency of the Divine Spirit all his moral actions are adverse to the character and glory of God ; that being morally incapable of recovering the image of his Creator, which was lost in Adam, every man is justly exposed to eternal damnation ; so that, except a man be born again he cannot see the kingdom of God ; that God, . . . of his mere good pleasure, from all eternity, elected some to everlasting life, and that he entered into a covenant of grace to deliver them out of this state of sin and misery . , . hy a Redeemer ; that the only Redeemer of the elect is the eternal Son of God, who for this purpose became man, and . . . continue^ to be God and man in two distinct natures and one perso7i forever ; that Christ as our Redeemer executeth the office ^ of a Prophet, . . . Priest, and . . . King ; that agreeably to the covenant of redemption the Son of God, and he alone, by his suffering and death, has made atonement for the sins of all men ; that repentance, faith, and holiness are the personal requisites in the Gospel scheme of salvation ; that the righteousness of Christ is the only ground of a sinner's Justification ; that this righteousness is received through faith, and that this faith jg the gift of God ; so that our salvation is wholly of grace ; that no means whatever can change the heart of a sinner and make it holy ; that regeneration and sanctification are effects of the creating and renewing agency of the Holy Spirit, and that supreme love to God constitutes the essential difference between saints and sinners ; that, by convincing us of our sin and misery, enlightening our minds, . . . working faith in us, and renewing our wills,^ the Holy Spirit makes us partakers of the benefits of redemption, and that the . . . ordinary means by which these benefits are communicated to us are the Word, sacraments, and prayer; that repentance unto life, faith to feed upon Christ, love to God, and new 1 S. C, offices. 2 s. C, will. 167 obedience are the appropriate qualifications for the Lord's Supper^ and that a Christian Church ought to admit no person to its holy communion before he exhibit credible evidence of his godly sincerity ; that perseverance in holi- ness is the only method of making our calling and election sure, and that the final perseverance of saints, though it is the effect of the special operation of God on their hearts, yet necessarily implies their own watchful diligence ; that they who are effectually called do in this life partake of justifi- cation, adoption, ^^^^^ sanctification and the several benefits tvhich . . . do either accompany or flow from them ; ^^lat ^Jiq soids of believers are at their death made perfect in holiness, and do immediately pass into glory; ^"^^ their bodies, being still united to Christ, ""^'^^^ at the resurrection'^^ . . . raised up to glory, and that the saints will be made perfectly blessed in the full enjoyment of God to all eternity; but that the wicked will awake to shame and everlasting contempt, and with devils be plunged into the lake that burneth with fire and brimstone for ever and ever. I moreover believe that God, according to the counsel of his own loiUand for his own glory ^ hath foreordained whatsoever comes to j9ass,and that all beings actions, and events, both in the natural and moral world, are under his providential direction ; that God's decrees perfectly consist with human liberty, God's universal agency with the agency of man, and man's dependence with his accountabil- ity ; that man has understanding and corporeal strength to do all that God requires of him, so that nothing but the sinner's aversion to holiness prevents his salvation ; that it is the prerogative of God to bring good out of evil, and that he will cause the wrath and rage of wicked men and devils to praise him ; and that all the evil which has existed, and will forever exist, in the moral system, will eventually be made to promote a most important purpose under the wise and perfect administration of that Almighty Being who will cause all things to work for his own glory, and thus fulfil all his pleasure. And, furthermore, I do solemnly promise that I will open and explain the Scriptures to my Pupils with integrity and faithfulness ; that I will maintain and inculcate 168 the Christian faith as expressed in the Creed by me now repeated, together with all the other doctrines and duties of our holy Religion, so far as may appertain to my office, according to the best light God shall give me, and in opposi- tionfnot only to atheists and infidels, but to Jews, Papists, Mahometans, Arians, Pelagians, Antinomians, Arminians, Socinians, Sabellians, Unitarians, and Universalists, and to all other heresies and errors, ancient or modern, which may be opposed to the Gospel of Christ or hazardous to the souls of men ; that b}" my instruction, counsel, and example I will endeavor to promote true Piety and Godliness ; that I will consult the good of this Institution and the peace of the Churches of our Lord Jesus Christ on all occasions ; and that I will religiously conform to the Constitution and Laws of this Seminary, and to the Statutes of this Foundation." It follows from such a study of the Creed as I have indi- cated and from the application of the principle I have stated, that where contradiction would otherwise exist the con- trolling principle must be found in the interjected or new statement. The old cannot fetter the new ; on the contrary the new may liberate the old. Take the article about "federal head." If the Creed must be taken in its every detail, it asserts, as we have seen not figuratively but plainly and literally, the doctrine. of the covenant of works. You cannot take this theory and at the same time accept one which contradicts it. But if any one should arise and take up the contention once so vigorously pressed against an Abbot Professor by Dr. Dana and Parsons Cooke and others, and insist that the Catechism and the Creed required that Professor to accept federal headship not in a figurative but in a literal sense, and that for nearly half a century he was guilty of a stupendous breach of trust and of violating his repeated solemn promises, a his- torical interpretation of the Creed will amply protect his good name. For if there is, as is claimed, a contradiction of theories in the Creed, the new formula has a superior power to the old, and so the Professor was quite in accord 169 with the Creed in his lifelong rejection of federal head- ship and advocacy of the theory recognized if not with entire distinctness in the other portion of the article, at least in this when interpreted in the light of the promi- nence elsewhere given to the principle of personal moral agency. Or take asrain the statement about a universal atonement. You cannot evidently harmonize universal atonement and limited atonement. Neither can you find in the Creed pre- cisely the later theory of general atonement and particular redemption. The general atonement of the Creed is some- thing wrought out under the " Covenant of Redemption." At the same time you cannot deny that under the phraseol- ogy of redemption is introduced a universal atonement ; and this is not only unmistakably stated, but is the new element, and therefore par excellence to be insisted upon. All the pre- vious language, therefore, which embodies the older theory of limited atonement must be qualified by this ruling article — in other words the whole doctrine of the covenant of grace, with particular election and redemption must be subsumed under the doctrine of universal redemption, and this again, so far as the covenant of redemption goes, must be adjusted to personal responsibility and the doctrine of retribution for the 'wicked at the day of final judgment. Any one who takes the Creed in this way comes as near as it is possible to come to the mind of those who framed it. And it is no small honor to these men that at the early date when the Creed was written they were willing thus to mod- ify the traditional Calvinism in the interest of a new move- ment of thought and to put two essential principles of the New Divinity — Universal Atonement and Personal Agency — into the Creed, and require all who taught in the Seminary to be faithful to them. (3). There is room for a progressive interpretation and systemization of the truths of the Creed. Dr. Park has enunciated the first and most important part of this proposition. He says, speaking of the Hopkinsian founders, " They were in favor of progress in the interpre- 170 tation of the Creed, provided that the progress were toward the Hopkinsian interpretation of it." ^ The Hopkinsian elements in the Creed have been already briefly characterized. They constitute the bulk of the addi- tions to the Westminster statements. They include the principles of a universal atonement and personal agency. But who will presume to say that these great principles had accomplished all their service for theology when they were put into the Creed, or at the close of any later period in the history of the Seminary? Who will doubt that the influence they already have exerted on the interpretation of other doctrines mentioned in the Creed must go on? Historical interpretation gives us first the Creed in its meaning as understood by its framers : it also gives us the Creed as it proves to be a living fountain for others who re- ceive it. No Creed is ever estimated aright or interpreted aright, until the principles in it which were vital to the authors of it are understood in their vitality, and vitality means always growth. The other portion of my remark is no less true and im- portant. The Creed admits of a progressive systematization of doctrine. I think it incites to such progress. It makes no attempt at systematic statement. It aims rather to enumer- ate the fundamental and distinguishing doctrines of the GosjDel. Any work of systemizing is left to others. But its enumera- tion is the fruit of systemizing ; and a historical interpretation, bringing to light its distinctive characteristics, shows how the inherited system is already modified, and how further changes are prophesied. Put into the creed of old Calvinism, universal atonement, universal free moral agency, a higher conception of person- ality, and the system cannot remain what it was. The Hop- kinsian founders were determined it should not, and the history of the Seminary proved they were right. What a historical interpretation most emphatically suggests is the line along which this progress will move — what the direction of the systemizing process will be. It is from 1 The Associate Creed, p. &1. 171 the formal to the real ; from power to character, from work to person. So it has been in the entire history of theology as cultivated at Andover. Federalism gave way to the reality of a divine constitution, to laws of heredity and ethical re- sponsibility. The work of Christ becomes more and more connected with his Person, the government of God with his character. The Creed opens the way to a more and more Christian conception of God and to a systemizing of all religious truth under this inspiration and with this centre. A Christocentric Theology — not a theology that centres in what is commonly understood by the words historic Christ, but one which centres in God as revealed in Christ — is just as admissible under the Creed at Andover as in any Church or School. For the Seminary Creed does not attempt to con- struct a completed system, nor to point out and prescribe in what the ultimate principle of the several truths it requires is to be found. The new elements are naturally thrown into special prominence, but they exclude nothing which is con- sistent with them. An experienced eye detects at once in this symbol the Creeds of Nicaea and Constantinople, the Creed of Chalcedon, the Augsburg Confession and the West- minster Standards, as well as the "improvements " of Ed- wards and Hopkins. And taking the whole into account it will be found to be a truer order and conception of its teach- ing to make the main historic root and stem of all Christian Theology its root and trunk rather than some one of its fruit- ful branches. Calvin had a true instinct when he arranged the topics of Christian faith, in the first edition of his Insti- tutes, according to the scheme of the Apostles'' Creed. (4). The truths of the Seminary Creed may be adjusted to a larger knowledge and life than were open to its framers. A historical study and interpretation of the- Creed shows that these truths came to these men as living and fruitful principles, and it is of the very nature of such truths to find new application and service in new forms. It is one of the constant surprises to a student of the intellectual and moral histor}^ of man to find how differently a system, which has been superseded, appears when it is ap- 172 * proached from the other side and followed through its period of conflict to the time when it wins its victory, and for this reason passes more and more out of sight. Its moving prin- ciples are not thus lost, rather they are now appropriated and assimilated and become a part of the life and working power of the Church. What if a man sees a larger truth in election than individual salvation, is he denying his Cal- vinistic creed? What if he discern, that the principle of probation, on the basis of atonement, when once admitted, will not cramp itself to the meagre knowledge men had a hundred years ago of the perishing millions of Africa and Asia? Does he abandon this principle because he trusts it? What if Christianity seems to him more and more to be the key to history, more and more evidently to mean the powers of recovery which God is pouring into the growing life of the ages, and so with a simpler faith than ever before he turns to the Cross and the Incarnation as the master light of all his seeing, does he thereby renounce his connection with men who could not stop when they had written the article upon the doom of the wicked, but added a new close to their Creed in this stately and comprehensive confession : " (I believe) that it is the prerogative of God to bring good out of evil, and that he will cause the wrath and rage of wicked men to praise Him ; and that all the evil which has existed, and which will forever exist in the moral system will event- ually be made to promote a most important purpose under the wise and perfect administration of that Almighty Being who will cause all things to work for His own glory, and thus fulfil all His pleasure " ? When the controversy began, whose outcome is the present trial, an editorial in the Congregationalist described the Semi- nary Creed, with the Visitorial system, " as a complicated and iron-bound endeavor to anchor the orthodoxy of the future as by chain cable to one of its particular phases in the past." Thl^ issue thus made in the beginning is the real question at the end. It is a testing question for you, Mr. President and Gentlemen, as well as for me. You are on trial no less than I. The Seminary is on trial. Is it committed to the main- 173 tenance of transient opinion, or is there a truer interpreta- tion of its Creed ? Is your office like that of a tither of mint, anise and cummin, or are you interpreters of a reli- gious Creed whose words are to be understood in their con- nections with the life of the Church and with Him whose teaching is Spirit and life ? I plead for no license of interpretation, for no violation of any just law of interpretation, for no departure from the natural, grammatical, historic meaning of terms and phrases — but I ask for breadth, insight and justice. I do not ask you to make the Creed utter what we might suppose its framers would say were they living now, but did not because they flourished nearly a century ago — ita Lex scripta est. This is the rule. But finding out what it says, I ask you to interpret it as a whole, to admit the impossibility of making every article in its obligation complete in itself, or any phrase literally binding which is traditional and contradictory to what is new in the Creed and therefore controlling, and I especially ask your attention to the facts that at the begin- ning of my acceptance of the Creed I am reminded of God's constant revelation of Himself, and near its close I make this solemn promise, that I will teach the Christian faith as ex- pressed in the Creed . . together with the other doctrines and duties of our holy religion, so far as may appertain to my office, according to the best light God shall give ME. I have tried to follow this light. Until these recent unhappy disputes I have never heard it questioned at Andover but that the Creed could be taken on the principles I have stated. I came with the understanding that it was thus lib- erally interpreted and administered. I supposed such a policy to be as much a recognized part of the institution as having a library or daily prayers. I believe that it alone really fulfils the true intention of the Founders. Among my reasons for such a faith are these : 1. The Seminary was organized and its Creed drawn to be a means of union of the various parties, or as they were called, denominations, of Orthodox Congregationalists then existing. Few realize how many and deep were the divisions in those 174 days — leaving out of account the great schism which was hastening — how they fomented jealousies and suspicions and separated brethren into cliques and factions and arrayed them as supporters of this periodical or that, and even of dif- ferent missionary organizations. The necessity of union was paramount in the minds of the leading men who founded the Seminary. It appears abundantly in their published corre- spondence, and will not I presume be disputed. Dr. Bacon at the Semi-Centennial of the Seminary expressed the com- mon and undisputed opinion when he characterized the establishment of the Seminary as " an epoch in the history of New England theology," and added " It was founded, not for the special interest of any one locality or district, nor for the special system of any theological discoverer, but for the common interest of the churches, and for the common ortho- doxy of Massachusetts and New England. It was pledged at the outset to a large and tolerant orthodoxy, as distin- guished from the intolerance and contentiousness by which the little cliques and parties that arise in a particular locality and around a particular great man are too often character- ized."^ Unless there can be room in its Faculty for men who are loyal to what Dr. Bacon calls "the common orthodoxy of Massachusetts and New England " (by whicli he does not mean the ordinary opinion, or that of a majority), but who differ from others of their brethren as Dr. Stiles differed from Dr. Hopkins, or Emmons from Burton, or French from Spring, all of whom Dr. Bacon regards as within the purpose of the Creed,^ the Seminary fails to fulfil the object for which it was founded. 2. The general structure of the Creed and the clauses re- specting God's constant revelation and the promise which implies new light, favor the same conclusion. 3. The Constitution of the Seminary implies throughout the faith of the Founders in the advancement of religious knowl- edge. It bears throughout the impress of the broad and 1 Memorial of the Fiftieth Anniversary, Andover : Published by Warren F. Draper, 1859, p. 101. See also The Panoplist IV. pp. 372, 373. 2 Memorial, p. 99. 175 liberal mind of Dr. Pearson, as well as of the generosity and public spirit of the donors. It was founded to increase " the number of learned and able Defenders of the Gospel of Christ as well as of orthodox, pious, and zealous Ministers of the New Testament." A three years' residence was deemed "a period scarcely sufficient for acquiring that fund of knowl- edge which is necessary for a Minister of the Gospel." Greek and Hebrew were made obligatory through the course. Pro- vision was made bv which new foundations, whether chairs of instruction or scholarships, should be increased. The cur- riculum sketched at the outset is larger than has yet been realized. A theological university, exceeding any thing before known, was in mind. There was threatening what was re- garded as a great religious defection. It was to be met not simply with religious zeal and asserted authority of revela- tion, but with all available weapons of reason and learning. A perusal of Mr. Abbot's will by which the Seminary re- ceived a most munificent bequest will satisfy any reader of the generous purposes of knowledge with which the institu- tion was started. But is it possible to suppose that all this was done in the expectation that there would be no advance- ment in the understanding of truth, or that men would not be allowed, while holding fast to the principles of the Creed, to put them in new relations and gain new results? What actually was done is well known in the case of Pro- fessor Stuart. His friends were at times anxious lest he was verging to Sabellianism or rationalism, and he was always under fire, but Mr. Bartlet went on with his remittances, and when once a Committee of the Trustees remonstrated at certain offences committed in the first edition of his com- mentary on Romans, Professor Stuart replied that he consid- ered the interference " inquisitorial," and this ended the matter. He taught in variance from the Creed all his life on " The Eternal Sonship," and if, as I suppose to be true, his opinion is now generally rejected, this also shows the wisdom of trusting to the power of truth in such matters. 4. The character of the advisers of the Associate Founders, their humility, and their faith in doctrinal progress, the school 176 of theology to which they belonged, concur to the same result. I have spoken thus far of the so-called Origmal Founders particularly, but not exclusively, for the Associate Foundation became a part of one and the same institution. I turn now to the Hopkinsians. They had the spirit of their great leader whose words I will qaote from the memoir by Dr. Park. " When tired," sa3's his biographer, " of hearing the stale charge that he had started new doctrines into Kfe, he responds : ' I now declare, I had much rather pubUsh New Divinity than any other. And the more of this the better, — if it be but true. Nor do I think any doctrine can be " too strange to be true." I should think it hardly worth while to write, if I had nothing new to saj-.' In his ' Animadversions on Mr. Hart's Late Dialogue,' Hopkins al- ludes to his having been falsely accused of propounding new theories, and replies : ' This he [Mr. Hart] has done over and over again, about a dozen times. He calls them " new doctrines," " a new system or rather chaos of divinity," " upstart errors," etc. And the teachers of them he calls "new apostles," "new divines," " new teachers," etc. — If this were true, I see not what reason there would be to make such a great outcry about it. There is really no evidence against these doctrines. It is at least possible, that there is some truth contained in the Bible, which has not been commonly taught ; 3'ea, has never been mentioned b}' any writer since the apostles ; and whenever that shall be dis- covered and brought out, it will be new. And who linows but that some such 7iew discoveries may be made in our day? If so, un- happy and very guilty will be the man who shall attempt to fright people, and raise their prejudices against it, b}' raising the cry of New Divinity. Indeed, I question whether an author can, with a riglit temper and view, take this method to run any doctrine down, b}' appealing to the prejudices of people, and keeping up a constant loud cry of new, upstart divinity.' " ^ " ' There is no reason to doubt,' he says in his seventy-second ^•ear, ' that light will so increase in the church, and men will be raised up, who will ]nake such advances in opening the Scripture and in the knowledge of divine truth, that what is now done and 1 Works of SamTiel Hopkins, D.D. Boston, Doctrinal Tract and Book Society, 1852. Vol. I., pp. 177, 178. 177 written will be so far superseded as to appear imperfect and incon- siderable, compared with that superior light, with which the church will then be blessed.' " ^ It should go without saying that if a Professor, following the best light which dawns upon liira, finds himself wander- ing away from the Creed he is not to set up his private judg- ment and conceal his divergence, nor if the variation puts him in contradiction to the essential principles and the intent of the Creed do I raise any question as to his duty or yours. What I maintain, and where I abide in good conscience is this : I have not thus violated my obligations under the Creed, even upon a close and technical construction of them. And if, as I also maintain, the Creed is a summary of princi- ples which are to be applied and developed from generation to generation, I have done something far better and more faithful than a literal repetition of them — I have used them, and with them have confronted present great and important questions of religious thought and life. What is proposed to be done? To remove, directly or indirectly almost, perhaps quite, an entire Faculty, and to proclaim to the world that an institution started as was Andover Seminary has outlived its usefulness. Not that men cannot be found to fill its chairs who may think that they are taking the Creed literally when they confess at once a limited atonement and an unlimited one, a federal headship which is figurative and an eternal Sonship which is temporal. Not that others still, if necessary, cannot be discovered who hold that when Paul says, " as many as have sinned without law shall also perish without law," he cuts off all hope for every heathen, and no offence need be taken at reading the word all into the Creed when it says that the effect- ually called receive the blessings of salvation in this life, or who still adhere to the theology of the covenants — but it will indeed be a new Andover when such principles of interpretation of the Cieed are sanctioned. And how long can such a method of administration be perpetuated ? If indeed the language of the instrument were perfectlj^ plain, 1 Ibid., p. 231. 178 the argument from consequences would be irrelevant here. But instead of a perspicuous utterance there is at most silence, while for a liberal interpretation are the deep sug- gestions of its great doctrines of atonement and moral agency, of the Incarnation and an infinitely wise and benev- olent and sovereign God, with his purpose binding together the ages, and the declaration of God's larger and constant revelation in his works, and the solemn promise exacted to look for light, and the happy auguries and peaceful promise and generous surroundings of its birth, and the expectation of the Founders that they had established an institution which should continue to bless the world so long as the sun and moon shall endure. I am conscious of no desire paramount to the good of the Seminary. The finger of scorn is pointed at what is claimed to be the small support gained for the opinions ex- pressed in Progressive Orthodoxy. We do not set up those opinions as a standard for Andover Professors. Some of our colleagues, esteemed and beloved, may not hold them. I really do not know where they all stand. And, besides, it is a new thing for men who demand fidelity to the Hopkinsian Founders to make the degree of present acceptance of a tenet the test of its truth ! Writing in his seventy-fifth year Dr. Samuel Hopkins said, "About forty years ago there were but few, perhaps not more than four or five, who espoused the sentiments which since have been called Edwardean and New Divinity, and, since after some improve- ment was made upon them, HopJcintonian or Hopkinsian senti- ments. But those sentiments have so spread since that time among ministers, especially those who have since come on the stage, that there are now more than one hundred in the ministry, who espouse the same sentiments, in the United States of America. And the number appears to be fast increasing, and these sentiments appear to be coming more and more into credit, and are to be un- derstood, and the odium which has been cast on them, and those who preached them, is greatly subdued." ^ 1 Hopkins's Works, I., 237, 238. 179 His biographer adds that " the spirit of the new Divinity was in the hearts of thousands, who did not favor it in all its forms. The term ' Hopkinsian ' soon became the common des- ignation of those evangrelical or orthodox divines who favored the doctrines of general atonement, natural ability, the active nature of all holiness and sin, and the Justice of God in im- puting to men none but their own personal transgressions. " ^ That is, in 1756 there were five clergymen who dared believe that men are not punished for a sin they did not commit, and that Christ died for all men, and now I suppose there are not so many in New England who would be willing to be known as holding the opposite. Universal atonement is the orthodox belief. It is idle to question that in all lands, in all evangelical churches to-day the question of the personal relation of Christ to the entire race for which He died is receiving an attention never before given to it. The Church at large has never yet passed upon it. It was not before the minds of the authors of the Catechism or of the Seminary Creed. It could not be. Providence shapes problems for the Church. It puts this one before us. It would be at least doubtful whether if the Creed contained some expressions which might be used to exclude the new doctrine it would not be an unwarrant- able use of an incidental phrase to make it interdictive and decisive of a question out of the purview of the framers. Fortunately there is no such difficulty to be settled. The Creed admits by its silence and by its principles, at least as a legitimate inquiry, all that has been contended for by me in the Revieiv and in Progressive Orthodoxy. I offer this as a complete and full justification against the charges of the complainants. 1 Ibid., p. 238. isroTE. Thk following are the particular charges which are specially consid- ered, or referred to, in the foregoing argument : — Page 103. "1. That the Bible is not ' the only perfect rule of faith and practice,' but is fallible and untrustworthy even in some of its religious teachings." Page 114. "2. That Christ in the days of his humiliation was a finite being, limited in all his attributes, capacities and attainments; in other words, was not ' (iod and Man.' " Page 114. " 3. That no man has power or capacity to repent without knowledge of God in Christ." Page US. "4. That mankind, save as they have received a knowledge of 'the historic Christ,' are not sinners, or, if they are, not of such sinfulness as to be in danger of being lost. (' Progressive Orthodoxy.,^ p. 55.) " Page 119. " 5. That no man can be lost without having had knowledge of Christ. (' Progressive Orthodoxy,^ pp. 63, 64.) " Page 119. " 6. That the atonement of Christ consists e.ssentially and chiefly in his becoming identified with the human race through his incarnation, in order that, by his union with men, he might endow them with the power to repent, and thus impart to them an g,ugmented value in the view of God, and so render God propitious towards them." Page 120. " 7. That the Trinity is modal, or monarchian, and not a Trinity of Persons." Page 125. " 8. That the work of the Holy Spirit is chiefly confined to the sphere of historic Christianity." Page 125. " 9. That without the knowledge of God in Christ, men do not deserve the punishment of the law, and that therefore their salvation is not ' wholly of grace.' " Page 125. " 10. That faith ought to be scientific and rational rather than scriptural." Page 127. " 11. That there is, and will be, probation after death for all men who do not decisively reject Christ during the earthly life ; and that this should be emphasized, made influential, and even central in systematic theology." The " Reply" to which reference is made on page 118 and elsewhere, is the answer filed by the respondent with the Board of Visitors on Nov. 30, 188G, and extensively published by the daily press. TESTIMONY OF NEWMAN SMYTH, D.D. Q. ■ (By Mr. Baldwin.) You are pastor of the First Church in New Haven ? A. Yes, sir. Q. Were you formerly a student in Andover Seminary ? A. I was, sir. Q. Did you ever attend the lectures of Professor Park ? A. I did, sir. Q. Will you be kind enough to tell us whethei' you recol- lect in his lectures any statements which in any way attracted your attention as varying from the subordinate parts of the Creed, or from any parts of the Creed? Mr. Hoar. I do not see what it has to do with this in- quiry, whether Dr. Park has broken the Creed. Mr. Baldwin. We are simply pursuing the line of proof shown by our previous exhibits, that from the first there has been a large liberty of opinion at Andover, as has been so fully explained in the statement of Dr. Smyth. Mr. HoAE,. If it goes beyond the Creed, then it has been unlawful; and if it does not go be3'ond the Creed, you need not prove it, because we are perfectly willing to admit it. Mr. Baldwin. Do you object to it ? Mr. Hoar. I have stated already my objection. I do not see that it has any thing to do with the subject before us. The Chairman. It is understood that it is intended to bring out the customary principle as to the acceptance of the Creed. Mr. Baldwin. Yes. The Chairman. As such it is admissible. Q. Please state, then, whether any such remarks as I have 182 inquired concerning, were made by Dr. Park. Take, for in- stance, the eternal sonship. A. I recollect distinctl} , sir, and my notes of the lecture, which are taken partly in shorthand, show, that when Pro- fessor Park approached the doctrine of eternal sonship, he told us that here we come to a point of divergence between the old and the new divines, and that the new divines do not assert dogmatically a thing which should be asserted figura- tively. Q. And in regard to that special doctrine did he use any- particular expression signifying his own view? A. It was commonly understood, and I suppose it will not be denied, that he affirmed that the word son should be predicated of Christ in his humanity, rather than in his di- vinity, as denoting the constitution of Christ's person in the incarnation in the human life. He also asserted, of course, the divine distinction, — the Logos doctrine. Q. In regard to the doctrine of sin, was there any diver- gence there ? A. I have not looked at my notes on that point. Q. Please go on, then, to th« time when you were elected a professor in Andover, and to your interviews at that time with the authorities of the Seminary in regard to your assent- ing to the Seminary statutes and Creed. A. I had the pleasure on a former occasion of meeting the Board of Visitors, and I stated distinctly and definitely how I personally could subscribe to the Andover Creed. My memory is very distinct and definite upon this point, and I presume the Visitors will recollect it. Q. What year was it, sir ? A. The event made more impression on me than the date ; I think it was in 1882. I stated that I could accept and sub- scribe to the Andover Creed as a whole, interpreting its clauses by comparison among themselves, and in accordance with the terms of subscription which I understood had always been the usage of the Seminary, as sanctioned by the Board of Visitors. But I could not possibly subscribe to the Creed if I were required to take each clause and each article by 183 itself. I instanced one clause in particular, which I could not take out of its connection with the whole contents of the Creed, namely, the clause relating to the Federal Headship, because I had been taught by my instructor in theology, Pro- fessor Park, not to believe in that. That was the manner in which I expressed my willingness to assent to the Creed, heartily and in good conscience and frankly as a whole, and according to what I understood to be the recognized principle of Creed subscription at Andover. Q. How was that statement received by the Board ? A. I think we passed on to the theological examination. Mr. Baldwin. We shall desire to read at the proper time, in argument, the record of the action of the Board of Visit- ors on Dr. Smyth's case, and from his written publications. TESTIMONY OF PROFESSOR HARRIS. Q. (By Mr. Baldwin.) State, if you please, Dr. Harris, what were the circumstances attending your assent to the statutes and Creed of the Seminary at the time of your re- ceiving the appointment to the professorship you now hold. A. Having been elected by the Board of Trustees to that office, a meeting of the Board of Visitors was held in this building in November, 1882, at which, besides the members of the Board, there were present Mr. Hincks, Mr. Taylor, and myself, all professors-elect. After some questioning on the part of members of the Board and quite full replies by us, it was stated by myself, I think, certainly by one of the three professors-elect, that there were some points in the statements of the Creed with which we found difficulty. It was proposed that the Creed should be read by the Secretary, and that either of us should interrupt the reading at any point to indicate our divergence from the Creed. Mr. lius^ sell, then the secretary of the Board, read the Creed, and the interruptions occurred at various points. I cannot remember all of the objections that were then made, but I do know that this doctrine of the Federal Head- ship was one, and that the statement made with regard to the covenants of grace and redemption as implying a limited atonement, was another. At each point some member of the Board, and as I remem- ber more especially Dr. Eustis, explained the sense in which these doctrines were held by him or by them, and could be held by us, showing the connection of the doctrines one with another, showing the bearing and meaning of the Creed as a whole, and so on. I remember that when the end of the 185 reading and the explanation had been reached, I remarked that I wished I could take Dr. Eustis's explanations instead of the Creed. We then submitted to the Visitors — I think I was the person who submitted it — a proposal of the form in which we were willing to take the Andover Creed, which, as nearly as I remember, was this : " I accept " (my uncertainty is as to that word " accept ") " this Creed as expressing substan- tially the system of truth taught in the Holy Scriptures." The proposal was, to accompany our signatures, either in writing or orall}-, with this statement, when the Creed should be publicly taken. To this the president of the Board replied that there was no objection to it, and that for his own part, he thought it would have a good effect in the existing state of public opinion. I do not, of course, quote the language, but the statement in general. I am not aware that the Board of Visitors passed any formal vote in this matter, but it was a distinct understanding, considered on our part as having somewhat of the nature of an agreement with them, that we should take the Creed under those conditions. When the time of our induction into office came, the Creed was so taken by each of us, with the statement which I have designated, and, as we understood, with the sanction, not only of the Board of Trustees, but also with the sanction of the Board of Visitors. Cross- Examination. Q. (By Mr. French.) Was your attention at that time called to this subject of future probation ? A, Yes, sir. Q. Did you make any reply with reference to it ? A. Yes, sir. Q. Were you questioned about it ? A. I was. Q. At that time ? A. Yes, sir. Q. What was said ? A. During the questioning on the part of the members of the Board, and of the answering on the part of the profess- 186 ors, the question was raised as to my opinion concerning, — I think it was as definite as this, — concerning the probation of those who do not have the gospel. I am not certain as to that, but, however, I replied with regard to that point, and my reply in substance was this : That I recognized the liberty of clergymen, and the liberty of those who should take this Creed to hold the opinion that there might be for those who do not have the gospel a probation after this life ; that for myself I had not reached a definite conclusion concerning it, that I had not accepted it. I do not remember, I think, any thing more about that. Q. That you had not at that time accepted it? A. That I had not accepted it. I had emphasized, how- ever, the liberty, not only of clergymen, but of those who might take the Creed, to hold that opinion. TESTIMONY OF PROFESSOR HINCKS. Q. (By Mr. Baldwin.) Will 3^011 state to the Board what occurred at the time of your examination and inaugu- ration with regard to subscription to the Creed ? A. I met the Board of Visitors in company with Professor Harris and Professor Taylor, as stated by Professor Harris. The examination was conducted by President Seelj'e, who began the examination by asking me certain questions with respect to my views concerning the Holy Scriptures. These being answered, the examination passed on to Professor Harris, who was asked certain questions concerning Christian doctrine, which he answered. After the examination was over, the Creed was read by one of the Visitors, as Professor Harris has already stated. One of the three gentlemen who were under examination, expressed inability to take all the statements of the Creed separately, in minutely literal inter- pretation, to which Mr. Eustis replied that they themselves, the Visitors, did not take the Creed verbatim et literatim, and then went on explaining the Creed, as has been stated by Professor Harris. After the explanation of the Creed and our assent to it as expounded. Professor Harris made, the proposal that we should employ at our inauguration the formula which he has already given, to which the president of the Board heartily consented, saying that in view of the existhig state of feeling, he thought it would be a good thing to take the Creed in that way. Q. Did you take it in that way ? A. When we were inaugurated we repeated this formula as our acceptance of the Creed, — "I assent to this Creed believ- 188 ing that it substantially contains the system ot truth taught in the Holy Scriptures." That is as near as I can recollect the formula. Q. No exception was taken by the Trustees to that method ? A. No, sir. TESTIMONY OF PROFESSOR TUCKER. Q. (By Mr. Baldwin.) Will you state, Professor Tucker, whether any thing was said by you as to your sub- scription to the Creed at the time of your induction into office ? A. My election preceded, I think, b}^ two years the elec- tion of the gentlemen who have testified. I find this, state- ment which I made upon my subscription to the Creed July 1, 1880. I did not meet with the Board of Visitors upon my election, not having been notified by them of any call to that effect. When I took the Creed I took it reading this state- ment before subscription : " The Creed which I am about to read, and to which I shall subscribe, I fully accept as setting forth the truth against the errors which it was designed to meet. No confession so elaborate, and with such intent may assume to be the final expression of truth, or an expression equally fitted in language or tone to all times." Crom-Eza m {nation. Q. (By Mr. Hoar.) You say that accompanied your signature to the Creed ? A. It was not copied into the book ; the reading of it accompanied the signature. Q. You read that at the time when it was proposed to you, you should sign the Creed, and then you signed the Creed without putting down more than your name ? A, Simply my name. Q. And to whom was this exposition given? A. This was given in the presence of the Trustees and Visitors, so far as present. I do not remember who were there ; it was a public inauguration. 190 Q. It was not a matter of consultation with the Visitors beforehand, as to whether that would be all that the consti- tution of the Seminary would require ? A. It was not. I made the statement before reading the Creed, then read the Creed, and, no objection being made, signed the Creed after that statement. Mr. Baldwin. That is all we have to offer. Mr. French. We have nothing to offer in reply. PROFESSOR BALDWIN'S ARGUMENT. Mr. Chairman and Gentlemen of the Board: My associates have requested me to open the defence, and to say, as I do so, that inasmuch as no opening has yet been made by my friends on the other side, stating the facts they intend to present to you, we trust that after the conclusion of what I have to say, they will be kind enough to open their case, so that my brethren who follow me may have the bene- fit of knowing what line of argument they ought to meet. I\Ir. Hoar. We have heard that statement so often, sir, that I think we had better repudiate it once and for all. We did open our case. Judge French stated it at the original hearing. We have not duplicated that opening by going all over it with the same three gentlemen again, because we have divided these five complaints, which were lumped together, into five separate ones. We have taken for granted that the time which was spent was profitably spent, at any rate to save an}' repetition. Our case has been opened elaborately and stated. These gentlemen are charged with heterodoxy, b}' whicli I understand and mean, not the entertaining of any untrue or erroneous opinions, — that is all I meant when I said there was no charge of heresy. They may entertain the soundest opinions that ever were held, the most progressive, coming nearer and nearer to the light, and approved by God and man. Our position is that it is heterodoxy, because the framers of this Andover Creed have required a certain con- formity to that Creed; and the sole question which we pre- sent for your decision as the Board of Visitors, is whether 192 they have departed substantiall}^ — I should not criticise very much all we have heard about the true mode of looking at the Creed, within the limits of interpretation, consistently with holding a more solid front of theological belief, — whether they have departed from it or not. We have speci- fied the particulars in which they have departed from it, and how we can give them any greater information or understand- ing, I do not know. We have had it met by their client in a perfectly manly, frank, honorable statement of what he con- ceives to be the statement, which is just what we think ; and when we have heard all they say why our allegation is not so, we propose to conclude our case, and we do not propose to mix it up and discuss it a little piece at a time. Mr. Baldwin. Mr. President and gentlemen, it was the hope of the pious founders of Andover Seminary that they were constituting what would be a centre of Christian thought and influence that would endure forever and ever ; and I think I may say that thus far they have not been disap- pointed. They trusted that learned and able men would be raised up generation after generation to make it this centre by their teaching and example. It has been from its outset a centre of thought and influence to American orthodoxy. I think we may say that its teachings have often had their influence across the sea, and certainly through the breadth of our own country from its very first foundation. Truth has been taught at Andover with a sincerity of con- viction which was founded on a wide and generous scholar- ship. It has been the tradition of the Seminary that the professors should not content themselves with the mere routine of the lecture room, but that they should publish to the world the fruits of their thought and stud3^ They have done that from the first. P'rom the days of the old Pmioplist under Professor Woods, and the Bibliotheca Sacra under Pro- fessor Stuart and Professor Phelps and Professor Park and their associates, down to the Andover Revieiv of to-day, An- dover has always had some channel of its own, through which to communicate to the public its best thought. The professors have not always been in accord on points 193 of detail in tlieolos^y. Dr. Woods was not in accord with Professor Stuart. There were dissensions that we all know of when Professor Murdock was in the Seminary. Professor Emerson in his opinion as to the form of subscription to the Creed and Catechism differed from some of his associates, and Professor Park differed from some of his in his day. The German theology of Professor Stuart and some of his associates was very stoutly attacked by others then connected with the Seminary, mainl}^ I think, bj^ those who did not know the German language. But now for several years there has been at Andover the most perfect harmony of fellowship and feeling among its faculty. Not, as has been stated by Professor Smyth, that they all think identically the same things in matters of detail and non-essentials, but that they have that harmony of spirit, and that feeling of a desire to stand for the peace of the churches and of the Seminary, which is inculcated so strongly by the language and the spirit of the statutes, and the Creed upon which it is founded. But at the opening of the year that is now drawing to a close, one of the trustees saw fit to bring before the Board of Trustees, serious accusations against a number of the faculty of the institution. The Trustees proceeded to take action upon his proposal, but before they have gone so far as to com- mence a regular hearing, those proceedings are dropped, and Dr. Well man comes before this Board, in his capacity as a Trustee at first, (I think now he claims only to act as an individual,) and presents here accusations which charge upon five of the professors, including the President of the faculty, heresies as to almost every cardinal feature of the Christian faith. ' At the time when these charges were first preferred before this Board last summer, it will be recollected that their form was general. The charges were made, but there were no specifications to support them. The charges were made against all, as for a joint offence ; and the charges themselves were indefinite and uncertain, — imposing from their very uncertainty. The Board required the complaint to be di- vided, and the charges to be supported by proper specifica- 194 tions. We have had the specifications, and we have heard the evidence adduced in their support, and the case has nar- rowed down to the simple compass of a book called "• Pro- gressive Orthodoxy," and a couple of articles in the " An- dover Review." The charges had declared that Professor Smyth "held, maintained, and taught," certain heretical doctrines. But the proof is wanting that he has taught a single doctrine which it is claimed by the prosecutors is erroneous. Mr. French. I do not think you will find the word "taught" in the charges. Mr. Baldwin (reading from the complaint). " First, we charge that the said Egbert C. Smyth holds beliefs, has taught doctrines and theories, and has done other things as hereinafter enumerated, which are not in harmony with, but antaoonistic to the Constitution and Statutes of the Semi- nar}', and the true intention of its founders, as expressed in those Statutes. " Secondly, we charge that the said Egbert C. Smyth . . . is not a man of sound and orthodox principles in Divinity ; . . . but that, on the other hand, he believes and teaches in several articles, hereinafter enumerated, what is antagonistic to the Seminary Creed. " Thirdly, we charge that the said Egbert C. Smyth . . . believes and teaches, in several particulars, hereinafter enu- merated, what is opposed to the Seminary Creed." Mr. French. You have objected that every one of these charges is too general, and j^our case has been conducted upon Charge 4, and the specifications under Charge 4. Mr. Baldwin. Do you abandon the first three ? Mr. French. No. Mr. Baldwin. Then three of your cliarges assert that they have taught things contrary to the Creed of the Semi- nary, and you have not a scintilla of proof to maintain your accusation. I call it a railing accusation, with no evidence to support it. This solitai-y Trustee who comes before the Board with these charges, extraordinary in their amplitude of charge 195 and their povert}'- of proof, is supported by a corporal's guard of individuals, one of whom is the editor of a well-kaown journal of our denomination, which holds a position in Massa- chusetts, in which, perhaps, it claims to speak as tlie organ of Massachusetts Congregationalism. The "Andover Review," published from the seat of the great Congregational Seminary of Massachusetts, might put forth its claims to be considered the organ of Massachusetts Congregationalism. I have no doubt that the learned gentleman who has signed these charges thinks that his organ is the better organ. Each be- longs to a separate school of thinking. One of these schools, that to which the Congregationalist belongs, is sedulous to state old truths in old forms. The other school, to which the '■' Andover Review " may be said to belong, is dominated by the principle announced by Dr. Hopkins, " I never want to write unless I have something new to say." They believe in stating old truths, but in stating them, if they can, in fresh lights, — lights calculated to impress them, with the convic- tion of freshness, on the human heart. To the editor of one of these publications, it may seem a stupendous breach of trust to clothe a seventeenth century idea in a nineteenth century dress. It may seem to him charitable and Christian to charge this as- a crime hardly equalled by embezzlements and forgeries, in an age not with- out ma!]}' examples of such offences. But my client has fought no battle in the newspaj^ers. If his former pupils have come before the public through the press with an indig- nant denial that they ever heard from his lips any of the doctrines imputed to him by the prosecutors, it has been done entirely without the knowledge or approval or assent of tlie respondents, or any of them. We have preferred to meet our accusers face to face in this presence, and utter our defence here. Progressive Orthodoxy, then, and the two articles from the " Andover Review," are claimed to be contrary to the obligations imposed upon Prof. Smyth by the statutes of" his foundation. We say that they are not ; they say that they are. And here is the precise question which 196 Judge Hoar has stated is before the Visitors, and which we accept. The revelation of God's ways to men, say these Statutes, is twofold. It is given by the Scriptures, and it is given in the works of God. This idea that a progressive and con- stant revelation is being made of the divine character by the works of God, from year to year and age to age, was so dear to the founders of the professorship which Dr. Smyth holds, that they repeat it twice in their additional statutes, on pages 26 and 27. "• The professor," they say, " shall, agreeably to the permanent Creed hereinafter mentioned, faithfully teach that revealed Holy Religion only which God constantly teaches men by His glorions works of creation, providence and redemption." And on the next page they say that " he shall subscribe a solemn declaration of his faith in divine revelation, and in the fundamental and distinguishing doc- trines of the gospel as expressed in the following Creed, which is supported by the infallible revelation which God constantly makes of Himself in His works of creation, provi- dence and redemption." Why emphasize, Mr. Chairman and gentlemen, why em- phasize so particularly by this iteration the fact that God is constantly revealing Himself from age to age more clearl^^, more clearly in one age than in the age before, b}^ His works, and by His works of creation, providence and redemption? Is it not for one thing because the Westminster Catechism says that He is nuide known by His works, and then says these works are the woiks of creation and providence, and stops there ? This Creed says God shows Himself infallibly, and more and more clearly as time goes on, by His works of creation, providence and redemption; and that word re- di'mption stamps its character deep on the Creed of Andover Seminary, in its widest and most generous sense. The Bible, no doubt, is the key of the universe, but the Bible is not the universe. It tells us how to read the phenomena that science and inquiry bring to our e^^es. We must accept the facts that astronomy gives us, the facts that geology gives us, the facts that biology gives us, the facts that evo- 197 lution gives us, and apply to them the key of the written revelation of the Holy Scriptures ; and that is the solemn duty that this creed casts upon the Brown Professor of Ecclesiastical History. Let me read to the Visitors the definition of Calvinism 'by Webster, in the edition of his dictionary of 1828, published shortl}^ after these documents took their shape : " Calvinism. The distinguishing doctrines of this system are, original sin, particular election and reprobation, particular redemption, effectual grace in regeneration or a change of heart by the spirit of God, justification by free grace, perseverance of the saints, and the trinity." That is a list, no doubt fairly ex- pressive of the Calvinism of the early part of the nineteenth century, a definition which excludes from its distinguishing features, most of those doctrines on which the weight of the charges of the prosecutors rests. We find nothing here, for instance, as to eschatology. We do find that particular election and particular redemption are distinguishing doc- trines of Calvinism. They are not, thank God, distinguish- ing doctrines of the Creed and Statutes of Andover Seminary. The Creed of Andover Seminary, as the Board well know, contains different statements of the truth of redemption and of atonement. It tells us in one breath, in the familiar phraseology of Calvinism, that redemption is for the few, is for the elect ; and then it follows with a wider message, that redemption and that the atonement are for all men. And the Creed of Andover Seminary closes with what is almost a doxology of praise to God that in His good counsel and good pleasure evil will finally give place to good. This declara- tion that all actions and events, both in the natural and moral world are under His providential direction, that it is the prerogative of God to bring good out of evil, and that He will cause the wrath and rage of wicked men and devils to praise Him, and that all the evil which has existed, and will forever exist in the moral system, will eventually be made to promote a most important purpose under the wise and perfect administration of that Almighty Being, who will cause all things to work for His own glory, this 198 ascription, I say, of homage to God, gives a character to the Andover Creed which is foreign to the old spirit of old Calvinism. Take those two professions of this Creed, universal atone- ment and the universal change of evil to good in the far distant future, and add to it what they took from the West- minster Catechism, that Christ was the eternal Son of God, and you have three principles laid down, three principles combined for the first time, as has been said by my learned associate, in Christian theologic statement, from which de- ductions can be drawn and must be drawn of the most far- reachincr character. It has been the business of the Andover professors to draw these deductions from these postulates for three-quarters of a century, and in so doing they have always had the adherents of the ancient system of narrow redemption, narrow election, and narrow atonement, against them. It has been constantly the Andover theology against Princeton theology, Dr. Miller against Dr. Stuart, the old school theology in Andover itself against the new school theology in Andover itself. Dr. Woods against his associates in the faculty, Dr. Dana against his associates among the Trustees. The Andover Creed is a nineteenth century Creed joined to a seventeenth century Creed, and wdiere it differs from it, it must control it, as this Board held, your prede- cessors, in 1844, on the complaint of Prof. Woods and Dr. Dana, in regard to the non-subscription of the associate pro- fessors to the Westminster Catechism. I quote the language of the Board from page 430 of Woods' History of Andover TheoTogical Seminary. "XIV. The two creeds and declarations" (that is the declarations of the original Constitution and of the associate founders) " are verbatim^ excepting that the associate decla- ration omits what is said of the catechism ; but this omission, the original founders say, is supplied in the creed connected with it, and more than supplied because the Creed is the most explicit. We cannot tlierefore discover any inconsht- ency between the two taken as a whole." Mr. Fkench. What do you understand to be meant by 199 that; that there is nothing in the Creed that is not sub- stantial! v in the Westminster Catechism ? Mr. Baldwin. Perhaps it would be better for me to con- clude my argument, and then you close. Mr. Feench. Very well, I will not interrupt you again, sir. Mr. Baldwin. I have no hesitation, however, in replying to my friend Judge French, and in saying that if the West- minster Catechism does in any way conflict with the Associ- ate Creed, and it is impossible to reconcile them, then the associate Creed must control, in my judgment. That they do accord in substance, which is all we have to inquire about to-day, has been decided by that Court which is superior to this Court, under the laws of the Commonwealth ; and the law laid down by that Court in 1815 is, of eourse, the law for us in 1886. That case, the case of the Trustees of Phil- lips Academy vs. King, in the 12th Volume of Mass. Reports, it will be recollected, was one brought by the Trustees of Phillips Academy for a certain large legacy from the estate of Madam Norris. It was the contention of the Trustees that the legacy was good, because the Theological Seminary was built on a foundation broad enough to cover both Cal- vinism and Hopkinsianism ; that the Associate Creed and the Westminster Catechism harmonized for substance, and that that was sufficient to support their title to the legac3^ The Supreme Court took that view, and the legacy was ob- tained, and it is being used to-day by the Seminary for the support of its professors and its establishment. Is there any doubt, j\Ir. Chairman and gentlemen, that the rule of law which gave that money to the Seminary dictates to the Seminary how that money is to be applied ? If they got that legacy because the Westminster Catechism and the Associate Creed were in substantial harmon}^ must they not apply those funds, may they not apply those funds, in teach- ing on a platform which says that the Westminster Cate chism and the Associate Creed are in substantial harmony ? Not that they are in literal harmony ; not that in non-essen- tials they are not diametrically opposed. Take the letter for 200 instance that I read from Dr. Spring, in putting in the evi- dence in this case, found in Woods' History, page 623. Says Dr. Spring, the author of the Associate Creed more than any one else, and a Visitor on the original Board, in speaking of the attack on the framers of the creed b}^ a Unitarian periodi- cal : ''It has proved that we all have the Bible on our side when we depart from several answers in the Catechism. The transfer of sin, the sin of Adam, and the transfer of Christ's righteousness are scholastic nonsense and jargon." That was the language in which, in the form of an unoificial letter. Dr. Spring could characterize some of the language of the Cate- chism, which, together with the Creed formed the platform on which he stood as a member of the Board of Visitors. So he says on page 594, in another letter to Dr. Morse : " We need not feel encumbered with the doctrine of eternal generation, because God is styled the Father and Christ the Son of God, any more than with the eternal fellowship of the trinity. The endearing words Father and Son are used to express the sublime eternal relation between the first two persons of the Godhead, because as I conceive no better words could be adopted. The relation is the most sublime and endearing." We all know the poverty of human language to express the great thoughts of theology. Dr. Spring recognizes it there, and yet he says that eternal generation, which the term used seems to imply, is rejected. The term Son has no reference to a succession of age, to a descent from father to child. It refers, in the best word that human language can supply, to the sublime, endearing, eternal relation of the different subsistences of the Godhead. It is Orthodox, then, to stand upon Andover Hill and teach the Westminster Catechism, and teach imputed sin, imputed righteousness. It is lawful also to stand there and teach what has been taught for generations, the wider doc- trine of the Associate Creed. The Creed of Andover Seminary is one, to understand which, you must read between the lines. Dr. Woods, in his History of the Seminary, has given us, on page 32, the ten- 201 ets of Hopkinsianisra, and they assert: " First, that all true virtue or real holiness consists in disinterested benevolence ; second, that all sin consists in selfishness." Neither of these definitions is found in the Creed, and yet no Hopkinsian, like Dr. Spring or Dr. Woods, could have assented to that Creed without reading between the lines that sin was selfish- ness, and that disinterested benevolence was happiness and holiness. The omissions of the Creed mean as much as its propositions. In the history of Dr. Woods, the Creed is frequently spoken of as a compromise Creed. It is better spoken of, I think, better described, in the language of Dr. Smyth as a comprehensive Creed. It is a Creed meant to be wide enousfh to brine: within it all shades of belief comprised within the lines of evangelical doctrine. It is a Creed of the times, of this time, of this century. It is not so very far back to 1807 and 1808. Those were not times of dul- ness and inaction in the world. They were the times when the French Revolution and Napoleon were transforming Europe ; when the whole circle of society was broken up with new movements and with new thoughts. It was in those times that this Creed arose as a new creation, expres- sive of the best thought of the day. And no higher concep- tion has yet been formed of sin than that it is selfishness, or of holiness, than that it is disinterested benevolence. It is of no consequence that any particular theory now held, future probation, for instance, if you please, was not in the minds, so far as we know, of the framers of the Creed. The only question is whether the language of the Creed necessarily excludes it. This question came before the Supreme Court of the United States sixty years ago, in a case of great magnitude, commonly known as the Dartmouth College case. The members of the Board will recollect that Dartmouth College exists under a charter from the British Crown. After the Revolution the Legislature of New Hampshire saw fit to pass an Act turning the college into a university in name, calling it Dartmouth University. They changed its mode of government by virtually deposing the T-- 202 old Trustees named by the founders, or who had succeeded to those thus named, and by adding to their number certain State officers. The college applied to one of its great alumni, Daniel Webster, to see if its franchise could not be pro- tected ; and after study and reflection Mr. Webster told them it could be, on this ground : That the National Constitution declared that no State could pass any law impairing the obligation of a contract. And what was a contract? Mr. Webster argued to the Supreme Court of the United States that the term contract included any gift made by one and accepted by another ; that that was an executed contract. A charter was a tender by the State of certain franchises, and its acceptance made a contract between the State and the holder of the charter. And that contract, Mr. Webster con- tended, the State could not impair. The case was argued with great ability by leading counsel, and the gentlemen on the other side insisted that the framers of the C( nstitution never could have had the thought of a charter in their minds, — a charter from the British King, least of all. They were talking of contracts such as notes and bonds, and not of charters and grants of franchises. But when the great (^'hief Justice Marshall came to dispose of the case in favor of Dartmouth College, as he did, he said the question was not whether, the framers of the Constitution thought, when they used the word coiitract^ of charters, but whether the word they used, whatever it was, was such that it might be interpreted to cover charters. And Dartmouth College held its own charter on the novel ground, to American jurisprudence, that a charter was a contract, protected by the Constitution of the United States. And so, in construing this Creed, the question is not what the founders meant by their words, when they put universal atonement alongside of Christ as the eternal Son of God, coupled with this doxology and ascription of praise to God as he who would bring good out of all evil, but wliat may be fairly derived from them by Christian teachers. What will it allow them to hold, putting together these great principles and drawing therefrom any and all legitimate deductions ? That 203 principle governs this case, as it governed that of Dartmouth College. And I need not say, Mr. Chairman, that no creed can mean the same thing to different men. We all look at truth, as the old warriors looked upon the shield, silver on one side and gold on the other, with a different aspect as we may approach it from a different side. I do not see you at this moment as my friend Judge French sees you. The point of view at which we stand creates the image which is presented to our minds. To a man of narrow range of scholarship and thought, a Creed means one thing ; and the same words, to a man of philosophic insight, of deep reflection and of great scholarship, means something else. Which is right, the in- terpretation put upon it by the bigot, by the man who has not spent years of study to get at the real meaning of the words, or the judgment of the man who has given his life to unfolding the meaning of similar doctrines and searching to the very bottom to find out what truth is? " The letter killeth ; the spirit giveth life." And so this Andover Creed has been interpreted, as these books show, as our testimony has shown ; and it is not denied. So has this Creed been interpreted for eighty years. Has there been any other mode of interpretation? Why have not my friends shown it ? They have not shown it, because they could not show it. From the first Board of Visitors to the last there has been the same spirit of tolerance and cath- olicity in the construction of the Creed. The same con- struction has been put upon it that the Supreme Judicial Court of Massachusetts impressed upon it early in its history, in laying down the law for this case, and for every case that can ever arise, under the terms made use of in 1808. I do not mean that the action of the Board of Visitors, of the Board of Trustees and of the professors, in adopting, in sanctioning, and in enforcing this liberal construction has passed luiquestioned or unchallenged. If it had, the fact that such was the construction would not have half the force that it has now. No, from the very foundation of the Semi- nary there were men like the prosecutors of to-da}', men who 204 were hanging on the wheels of time trying to hold them back, who have opposed this doctrine on the part of the governing Board, and on the part of the teaching force of the Seminary. ]^et me read a word or two from what Dr. Dana wrote of Dr. Stuart and of Dr. Park. 1 read now from the 24th page of Dana's Letters to Stuart in opposition to articles in the " Bibli- cal Repository " on the nature of sin : " In a word, my dear sir," says Dr. Dana, addressing himself to Prof. Stuart, " I cannot but apprehend that you are far too sanguine in antici- pating the speedy disappearance of the doctrine in debate, — the doctrine of original sin. Unquestionably it is one of the grand pillars on which the Andover Institution rests. Can that which was true in 1808 be false in 1839 ? Rather let me ask, can a doctrine which the Church of Christ, from its first existence, has defended with such energy, and cherished with such ardor, be ever blotted out and lost ? I have confi- dence that it will not." Dr. Dana regarded the cause of Andover Seminary as lost when Stuart preached those doctrines, and Park afterwards came upon the stage to defend them. This is what Dr. Dana said of Prof. Park in 1853. "' His views of human ability are extravagant and extreme. They obviously tend to foster in men a spirit of pride, of self- sufficienc}^ of independence of God, and, emphatically, of procrastination. Is there no reason to fear that, in this very way, too many have found their eternal ruin ? Is there no reason to fear that the unconcerned, the irreligion, and the false religion, which so sadly prevail at the present day, may be traced to the same source?" And in another place he says : " It is with real pain and grief that I make these state- ments. I have not a particle of enmity against the Professor. Far, far, rather, would I employ my pen in commending his fine talents. But if these talents are employed in opposition to fundamental truth, and in defence of dangerous error, their intluence is only to be dreaded and discountenanced." Like expressions might be found in the writings of Prof. Woods ; and Dr. Miller's letters to Prof. Stuart contain a 205 similar criticism from a sister seminary. In the semi-centen- nial Plistory of Andover there is quoted a remark by Dr. Spring on Dwight's Theology. The first volume of that work was published shortly before the foundation of the seminary, and Dr. Spring wrote of it thus : " Certainly the L'ord must reign, or he would never have suffered such a book to be published." A year from that time Dr. Spring and Dr. Dwight were sitting together as members, of tlds Board ; and that is a fair instance of the tolerance of differ- ence of opinion on unessentials which has ever characterized the management of this institution. I read one other quota- tion from Dr. Dana's letters to Dr. Stuart, written in 1839, in reference to this same doctrine of Dr. Stuart on the nature of sin. Says Dr. Dana : " In view of the existing state of things, it is impossible adequately to describe the importance of our theological seminaries. From the very nature of the case, they must possess and wield an immense power either for good or for evil. While they are faithful to God and to His truth, the church will not fail to cherish them as her choicest hope, her richest, dearest treasure. But what if they should prove recreant to their high destiny? What if the streams which issue periodically from these fountains should become impure and polluted ? Alas, words cannot paint the bitter disappointment, the deep-felt grief, the disastrous, wide- spread and almost interminable evils which must ensue." He therefore wanted Stuart to retract his views on the nature of sin ; but I need not say he did not. Now, let me suggest this : That this doctrine of a possible future probation, which is attacked by the libel of the prose- cutors, is one that has been found helpful to very many minds in grappling with the problems of evil and sin and human destiny. It has been found to be a powerful answer to agnosticism. Of all the forms of error that exist to-day among educated men, I think I am safe in saying that agnos- ticism is the most deadly, — the thought that there may be nothing above this Avorld, Jhat it is not worth while to in- quire whether there is or is not, that we have not time for it, that we have. not the ability for it, that we have not the 206 power to ascertain, and therefore that we have no incentive to try. Agnosticism has sometimes taken the shape of theo- logical treatises by eminent theologians, eminent in their way, like Mansel. God is unknowable, they tell us, except as he is explicitly revealed in his written word. No, says the Andover Creed, the Andover Professors : He is also con- stantly revealing Himself in His works of creation, provi- dence, and redemption. I think the doctrine of agnosticism is met arid silenced by this thought of a possible future pro- bation, as it can be in no other way. Old Calvinism said that God worked in His good pleasure when and how He might for the salvation of the elect who were not outwardly called in this life, who never heard the ministry of the Word, and of the elect' infants. But how? Calvinism had no answer, and therefore men, when they were led up to that door and told they could go no further, became agnostics or infidels. Here is a theory of thought and hope which shows how God's ways in His dealings with man can be reconciled with man's views of justice and what is due to himself. And are these gentlemen to be blamed for putting before the American public a view of that sort which has carried heal- ing with it to many a wounded soul? As I compare a book like Progressive Orthodoxy with the ancient and rigid state- ments of a former age, of the last century and of the century before, it is almost like hearing St. Paul preach at Athens about their worshipping the unknown God, when he luid a God openly to declare unto them. Here is a suggestion made towards a better knowledge of God, a hope spoken of, not made essential in Christian theology, but thrown out as a sujDport to those who need it, and seized with welcome by many hearts. Unless, Mr. Chairman and gentlemen, the Andover Creed can be accepted and interpreted hereafter as it has been in the past, the hopes of the founders that that Creed would be perpetually expounded by able and learned men will certainly be frustrated. No learned and able man, in the true sense of that word, will be found to come before you, as years go on, and take that Creed in any other way than as you, gentle- men, have taken it, or these professors, who are on trial to-day, 207 have taken it. And suppose the day comes (as it may) when you cannot find anybody to accept each decLiration of the Creed in a literal sense, and yet the Boaid of Visitors insists on a literal meaning of every word independent of every other, not looking at the whole, but taking it in its details, and calling for a subscription to every point without refer- ence to it in its entirety. If that time ever comes, the time will have come too, when Congregationalists may well fear that the Supreme Judicial Court of Massachusetts, in the exercise of its high Cy Pres powers, will step down and order this institution to be closed, or changed into a foundation for some other mode of preaching the truth. This is the doc- trine of administering trusts as near as may be to the will of the dead, when circumstances have so far changed that they cannot be exactly administered in accordance with the origi- nal intention, which has come here from the Courts of Great Britain. What have they done there ? Formerly it was the law of Great Britain, as you know, that the Roman Catholic religion could not be publicly taught, could not be privately taught. Suppose in those days a good Catholic died leaving property for the benefit of his church. The Court of Clian- cery of Great Britain seized upon that fund. They said, true, the dead left it for a public and charitable purpose, and it shall be applied to a public and charitable purpose, but not to his. He wanted it to go to an illegal purpose ; we will take it and apply it to the Church of England, the established church. Over and over again was that done under the Cy Pres doctrine in Great Britain. Is this Board willing to take one step which might tend to put Andover Seminary at the disposition of the Chancery Courts of this Commonwealth under that same doctrine ? I trust not. I trust not as a Congregationalist who hopes that this Seminary will go on for centuries and be administered in tlie same way in which it has been administered from the very beginning of its his- tory. Here is prosecuted the son-in-law of a former member of this Board, and I am glad that he is defended by the grand- son of another Visitor who once held a seat, and the first seat, upon this Board, and by the grandnephew of another. 208 How easy it would be, Mr. Chairman and gentlemen, for these professors to draw their salaries and spend their lives in the pastoral quiet of Andover, without ever venturing into print and giving the world the benefit of their researches. They have been willing to spend their time and strength and thought in giving Andover a name in the theological world, ift giving their best thoughts, their best hours, their best work, not simply to teaching, but to publishing their views. Are they to be censured for it ? Certainly not, unless they have published something which is contrary to the true spirit and intent of the Statutes they have subscribed. If this pros- ecution rests on any thing, it is a breach of contract between them and the Trustees of Philli})s Academy ; and I need not say that to prove a breach of contract the plaintiff has the burden of the case, and must make it out by clear evidence. Tliis idea of my friends on the other side, or their suggestion, that a theory thrown out tentatively in Progressive Ortliodoxy is the assertion and teaching of a dogma, I repudiate. Let me read what Professor Park said once of a similar claim in regard to an expression of Tholuck as to a final restoration. "An opinion, when entertained in the shape of a subordinate and incidental theory, is as different in its influence from that same opinion when entertained in the shape of an essential and conspicuous doctrine, as the alcohol in bread is different in its effect from the alcohol in brandy." When we teach future probation as a dogma in Andover Seminary, and charge it upon our young men as a thing for them to teach and preach as a vital and fundamental and essential doctrine of religion, then it will be time for my friends to say that we are teach- ing doubts instead of truths. The question as it seems to me is this : Ts Andover Semi- nary to go on hereafter as it has gone on for eighty 3"ears ? Is it to live forever and ever ? It may, Mr. President and gentle- men, if you this day determine that the Creed and Statutes of the Seminary are to be read in the same spirit of union and harmony in which they were formed ; in the way in which every creed must be read which has in it the first elements of perpetuity. HON. CHARLES THEODORE RUSSELL'S ARGUMENT. Gentlemem, of the Board of Visitors : If I know my purpose I am not here in the spirit of an advocate : much less of a partisan of any particular "phase of orthodoxy in the past " or in the present. I have heretofore subscribed the statutes nnder consideration, and for many years, in my humble way, I participated in their adminis- tration. For several of these years I had the pleasure to be associated with the two senior members of the present Board in such administration, — during all which I think we differed but upon a single occasion. I am here to give you such aid as I may in meeting a duty in character most important and responsible ; in result reaching far beyond present persons and present times. In a "judicial ca[)acity " you are " to determine, interpret and explain the Statutes." And you come to this duty under a solemn pledge " to exert your abilities, to carry into execu- tion the Statutes of the said Founders, and to promote the great object of the Institution." It becomes then of primal importance to ascertain what principles of interpretation and construction are to be applied to these Statutes ; and especially what principles these Founders themselves applied or intended should be applied. It is to this point that my argument will be addressed. It is not necessary, after the elaborate, eloquent, and exhaustive exposition of Professor Smyth, yesterday and to- day, that I should, if I were able, deal with the theologi- cal questions in controversy. I am quite content to leave this part of the case where he has left it. I need hardly add that while I address you in behalf of the only respondent 210 Professor Smyth, now on trial, I intend m}'^ argument to apply without repetition to his associate Professors. All courts of justice, before hearing a cause, require the parties to come, by their pleadings, or statements, to an issue in law or fact, single, certain and material ; which tendered by one party and accepted by the other, when decided by the Court, shall determine the controversy. Eminently ne- cessary as such rule is to the rights of parties, it is equally so for any intelligible determination, from the record, of pre- cisely what the tribunal did, and what it did not, decide. Still more essential, is such precision of statement, where the de- cision becomes a precedent, and an authoritative, perhaps conclusive, construction of such credal statutes as those now under discussion. This rule, old as the common law, and in proceedings like these, everywhere, with us, guarded by Constitutional pro- vision, is just as necessary to theological as legal contro- versies, especially where such controversies assume the now somewhat antiquated and repellent form of public complaint and prosecution for heresy. That eminent theologian and scholar. Cardinal Newman, says, in one of his University Sermons, " Half the controver- sies in the world, could they be brought to a plain issue, would be brought to a prompt termination." " When men understand what each other means, they see, for the most part, that controversy is either superfluous or hopeless." Recognizing this truth, and in no spirit of captious legal obstruction, this respondent asked for a clear and definite statement of the charges intended to be made. This would naturally and necessarily involve a statement of the particular parts of the creed, be it Calviuistic, Westminster Shorter Catechism, or associate, upon which the complainants relied, and the particular acts the respondent had done, or the par- ticular opinions and doctrines he held, which violated such parts. Such specification the respondent has never obtained. We do not comphiin of dislocated and dismembered citations from the respondent's book, in allegation or evidence, so much as we do, that the complainants give us nowhere their 211 hypothesis or construction of any parts of the creed, or even tell us the parts, which they say we violate. Till this is done we do not know whether our controversy is one of interpre- tation and construction, or of fact. I began these preliminary suggestions with a citation from an eminent theologian of another country. May I close them with one from an equally eminent theologian of our countr}^ — I mean Prof. Park? In the opening chapter of his pamphlet on " The Associate Creed of Andover Theologi- cal Seminary," published in 1883, he says : " There are sev- eral doctrines for the maintenance of which, in a special de- gree, the Andover Seminary was founded. In this chapter four of these doctrines are specified, because their practical importance is easily seen, and because their truth has been recently denied. Appended to the statement of each doc- trine is a statement of the contrasted error" (p. 3). "The first of these four doctrines is: The Bible, in all its religious and moral teachings, is entirely trustworthy. The contrasted error is : We are not authorized to confide in all the biblical teachings, even in all which relate to re- ligion and morality. Some of them are false and hurtful ; or some may be false and hurtful ; or so far as any of them are in our view opposed to the Christian consciousness, we can- not positively believe them, even if we do not positively dis- believe them " (p. 3). The citation of one of these specifications is sufficient to show the character of all. They at once reveal to us their author's conception of the creed and the alleged or contrasted error, and eliminate at once and clearly, either an issue of con- struction, or of fact. Such specification is all the respondent has ever asked; and such the ablest of theologians, concurring with us, deems es- sential, at the very entrance, upon the same substantial dis- cussion, which the complainants have forced upon us, without such specification. We are told this is no trial for heresy : — but a friendly suit, to repress the greatest breach of trust of the century. It is said, the question is, not whether the respondent is right or 212 wrong in his views ; whether progressive orthodoxy is truer or better than Calvinistic orthodoxy ; but simply, whether the views of these professors are inconsistent with any part of an ironclad creed, by which certain most eminent and progressive gentlemen, nearly a century ago, attempted by " a complicated and iron-bound endeavor to anchor the or- thodoxy of the future, as by a chain cable, to one of its partic- ular phases in the past." How far this is true, I will consider when I state the issue. I only say now, whether it be true or not, this is no such cold, comparative, impassive, imper- sonal question to you. Reverend and Honored Sirs. Before you can take the seats, you so well fill, you have a solemn duty. Let me state it in the words of the Statutes : " He shall, moreover, in like manner, subscribe the same Theological Creed, which every Professor elect is required to subscribe, and a Declaration of his faith in the same Creed shall be repeated by him at every successive period of five years." Art. 19, Statutes. Whatsoever it may be to others, this creed, ironclad or elastic, complicated or simple, with whatsoever construction or interpretation you put upon it, is to you, and each of you, to-day, a living, personal, present faith. What then is the issue before 3'ou? In April, 1863, the respondent, Egbert C. Smyth, was ap- pointed Brown Professor of Ecclesiastical History and Pas- toral Theology in the Theological Institution in Phillips Academy, Andover, as the successor of Dr. Shedd, upon the foundation established by Moses Brown under dates of Feby 8, 1819, Nov. 4, 1820, and June 11, 1824. Deeds and Donations, 146-151. The date of this Foundation, Feb'y 8, 1819, is important, as bearing materially upon a subsequent part of this argument. By the terms of this Foundation " all the Articles of the Associate Statutes, which apply to Professors on that Foun- dation, viz. : the second, third, fourth, fifth, and sixth articles, shall apply equally and with the same force to the Professor 213 on this mj Foundation, and the said second, third, fourth, fifth, and sixth articles of the said Associate Statutes shall be for the regulation of this my said Professor forever, in the same manner as for the other Professors on the said Foundation." The Foundation is then made " subject to visitation in the same manner as the said Associate Foundation is now subject to visitation." Deeds and Donations, pp. 147-8. Art. 2 of the Associate Statutes provides : — Article If. Every Professor on the Associate Foundation shall be a Master of Arts, of the Protestant Reformed Religion, an ordained Minister of the Congregational or Presbyterian denomination, and shall sustain the character of a discreet, honest, learned and devout Christian ; an orthodox and con- sistent Calvinist ; and after a careful examination by the Visitors with reference to his religious principles, he shall, on the day of his inauguration, publicly make and subscribe a solemn declaration of his faith in Divine Revelation, and in the fundamental and distinguishing doctrines of the Gospel, as expressed in the following Creed, which is supported by the in- fallible Revelation which God constantly makes of Himself in his works of creation, providence and redemption, namely : — Then follows the Associate Creed and Declaration. Art. 3 provides for the repetition of the Creed and Decla- ration every five years by the Professors. Art. 4 provides for the honorable maintenance of the Pro- fessors. Art. 5 is wholly devoted to regulations of their duties and services. Art. 6 provides for filling vacancies. Professor Smyth was appointed, subject to these Statutes, and these alone, by the Trustees. I shall not stop to discuss at length, this proposition, be cause it is now so well settled by the established construc- tion of this Board, as to be no longer open to question. For nineteen years after the establishment of the semi- 214 nary, no professor was required to, or did, sign any thing but the Associate Creed and Declaration. For. a few years subsequent, from 1826 to 1842, under the action of the Trustees, all the professors were required to subscribe the declaration of the original Founders. But attention of the Visitors and Trustees was called to the matter, by the refusal of Dr. Emerson and Dr. Stuart to make such sub- scription, upon the ground it was not required. The ques- tion then passed under the careful adjudication of the Trustees, and subsequently of this Board, to which Dr. Woods made his elaborate and able plea, and Dr. Dana his earnest and solemn protest. The Board, then composed of Dr. Heman Humphrey, Dr. Codman and Judge Terry, ren- dered judgment upon it, in a very carefully drawn, exhaus- tive opinion in 1844. (Wood's Hist., pp. 424-482.) Since then for forty-two years, under this judicial decision, no professor, upon the Associate Foundation, has subscribed, or been required to subscribe, any thing but the Associate Creed. When the Brown professorship was established in 1819, the Professors were subscribing only the Associate Creed, and this under the inspection of the Board of Visitors, of whom Mr. Brown was one. See Wood's Hist., pp. 368, 424. Professor Smyth was, upon his appointment, carefully ex- amined by the then Board of Visitors " with reference to his religious principles." Being found by them to be " a Master of Arts, of the Protestant Reformed Religion, an ordained Minister of the Congregational Denomination," and sustain- ing " the character of a discreet, honest and devout Christian ; an orthodox and consistent Calvinist," he was confirmed by them. On the day of his inauguration, he publicly mads and subscribed "a solemn declaration of hisfa^th in Divine Rev- elation, and in the fundamental and distinguishing doctrines of the Gospel as expressed in the following creed, which is 215 supported by the infallible Revelation which God constantly makes of Himself in his works of creation, providence, and redemption, namely : " and he then repeated and subscribed the Associate Creed. This Creed and Declaration he has repeated every succes- sive five years for thirteen years up to this time, and to-day he repeats and subscribes it. In doing this, his entire sincerity and good faith are as- serted, and would be presumed bylaw, without assertion, and are put beyond all question, by the eminent Christian char- acter and intelligence of the respondent. I repeat, what then is the issue ? Simply this, (1) Whether Professor Smyth has done any act, or holds, maintains and inculcates any opinions, or theological doc- trines, which are so inconsistent with any portion of this creed, fairly, reasonably, rightly interpreted and construed, as clearly to show that his subscription to, and adoption of, it must be either dishonest, unintelligent, or evasive and criminal. (2) Whether he has done any acts, or holds, maintains, and inculcates any opinion or theological doctrine, which take from him " the character of a discreet, honest, learned and devout Christian ; an orthodox and consistent Calvinist." I do not understand that the complainants charge the Respondent with " misbehavior, incapacity or neglect of the duties of his office." But they do charge, with more or less indefiniteuess, that he has done acts, or holds, maintains and inculcates opinions or doctrines, such as I have stated, and that therefore Professor Smyth is guilty of ''hetero- doxy," under the 20th article of the Associate Statutes, and ought to be removed or admonished by you according as you shall find the " heterodoxy " to be of the first or second degree. This is the issue. They charge — we deny. To determine this issue we must find what is the law, under which it arises. In other words, what do the con- trolling Statutes and Creed mean and require? To settle 216 this it is of primal and transcendent importance to ascertain, by what principles and rules, these Statutes, and this Creed are to be construed and interpreted. I apprehend the whole controversy may turn upon this. Before enteiing upon the discussion of these principles and rules, let me submit, that sincere and honest differences in the interpretation, construction or acceptance of these Statutes and this Creed, within just, intelligent, reasonable limits, do not constitute "heterodoxy." If they do, then, the compromising framers of the Creed, in its very origin, were heterodox and not orthodox one to the other. Eight distinguished, and all but one, reverend gentlemen, peers each of the other in character, intelligence, honesty, learning, Christian sincerity, and conscientiousness, have subscribed this creed and made it a personal faith. Three sit in your seats, and five in those of the Professors. The five are on trial before the three, for " heterodoxy " in a matter purely of interpretation, and construction. Your Statutes provide that a majority of your Board may decide all questions ; and if only two are present, and divided in opinion, the vote of the President shall decide the question. Suppose two only present, and that they differ widely but honestly on the construction and interpretation of this creed, as Trustees, in days gone hj, have, and perhaps, in the present day do, may your President not only decide, but impeach his associate of "heterodoxy" and admonish or remove him? Before a Judge can take his seat' upon the bench of the Supreme Court of the United States, he must make, not a declaration, but oath, that he will support the Constitution of the United States. Yet seven of these judges decide that the colored man is not a citizen, and two hold the opposite opinion. Five declare that Congress has no power to issue legal tender notes, and four again hold the opposite. And yet did anybody ever charge the minority with violation of their oath, or of the Constitution, or impeach them of " heterodoxy " to any of its provisions ? No. Honest and fair construction and interpretation, within just and reasonable limits of comprehension, are not 217 "heterodoxy," nor culpable, though to others they may seem misconstructions and misinterpretations. And especially is this true, in matters of religious opinion and dogma. It is here little more than the assertion of the right of private judgment, the grand characteristic of the protestant church from the beginning. The light of fair, reasonable, honest, individual construction and interpretation of that he sub- scribes, is in every man, be his subscription to the Andover, or the Apostles' Creed, the great historic creeds, protestant or catholic, or that of the village churches of New England. If there is any thing peculiar in this creed it is the manifest intention to make it, by adoption and repetition, an ever-liv- ing, personal, perpetual faith, to those who come under it. I do not contend that you can add to, or take from, it a word. Much less that you can pervert or evade it. Like some pic- ture of the old masters, you may not put to it one touch of the pencil, but you may brush away its dust, set it in a new frame, and hang it in any brighter sunlight of heaven, and thereby bring out of it new and latent force, expression and beauty. What this Creed is to you, it is, and was intended to be, to every soul who subscribes it; never a monumental relic of the past, but "as the sun and moon forever" a living faith, holding its protective power over the Institution, of which it was an incident, for " the defence and promotion of the Christian Relifrion " bv increasino- the number of learned and able Defenders, not of Calvin, nor of Hopkins, nor Emmons but "of the Gospel of Christ, as wed as of orthodox, pious and zealous Ministers of the New Testa- ment." The Creed was made for the Seminary, not the Seminary for the Creed. The Seminary was founded, not for the times alone of its founders, but " as the sun and moon " for all time. Hence the long study, the careful preparation, the nice ad- justment, the comprehensive and tolerant spirit of the Creed. Its framers, never, in a spirit of mutual jealousy and distrust framed their Creed to put one another, or you, or your pro fessors into handcuffs and strait-jackets. In the polemic and 218 anxious spirit of their time, they sought to guard and con- serve the truths of religion, without sacrificing its freedom of thought or investigation. They built their ship of oak and iron, because they meant it to float on the tides of time and progress ; not to strand on the rocks and shores. They met, representatives of the differing, almost hostile schools of orthodoxy, in a lofty spirit of Christian compromise, and not without thought, labor, perplexity, and sometimes discourage- ment, they framed a compromise creed, ironclad enough for security, comprehensive enough for the toleration of all orthodoxy, put together with such artistic Christian work- manship, that holders and emphasizers of some of its parts, could yet accept the others, without either breach of trust or heterodoxy. When thus they founded their Seminary, and carefully protected it with their creed, they meant to plant by the river of God a tree, which, drawing thence its ever-living vitality, through root and trunk and branch, should ever shed its fruits for the healing of the nations. They did not, in a spirit of religious self-sufficiency, intend thereby, to set up a cold stony monument of all past attainment, and a boundary to all future progress, with their names upon its base, and inscribed in old black letter, upon its rocky sides, " Thus far and no farther forever." I am confirmed in this by the modest and yet grandly sub- lime words in which they close their Statutes. '' To the Spirit of truth, to the divine Author of our faith, to the only wise God, we desire in sincerity to present our humble offering ; devoutly imploring the Father of Light, richly to endue with wisdom from above, all his servants, the Visitors of this Foundation, and the Trustees of the Seminary, and with spiritual understanding the Professors therein; that being illuminated by the Holy Spirit, iheir doctrine may drop as the rain, and that their pupils may become trees of renown, in the Courts of our God, whereby He may be glori- fied." Associate Stat. Art. 28. 219 I submit this is not the natural language of men, who in- tended to set an impassal)le limit within their Institution to all religions investigation, or who sought, " by a complicated and iron-bound endeavor to anchor the orthodoxy of the fu- ture, as by a chain cable to one of its particular phases in the past." They doubtless intended to moor their ship with anchors and cables of more than ordinary solidity and strength, but in doing so, they were too good, and too old navigators, not to realize that if they would have her float, in safety even, they must payout so much of cable, as, with the same ground tackle at the bottom, the same hull upon the surface, and the same flag at her mast-head, would allow her to rise with the tides, and veer her bows, now east, now west, now north, now south, just as the storms of assault came upon, or the winds of doctrine blew over her. They anchored their ship, whatever the anchors and cables, to nothing, but "the defence and promotion of the Chris- tian Religion, by making some provisions for increasing the number of learned and able Defenders of the Gospel of Christ, as well as of orthodox, pious and zealous Ministers of the New Testament ; " and they came to this anchorage, it may be, aided by the charts of Calvin, and Hopkins, and Emmons, and Spring, and Woods, but most of all because, in their own introductory words, they had been "■ seriously reflecting upon the fatal effects of the apostasy of man without a saviour, on the merciful object of the Son of God, in assuming our na- ture, and dying for our salvation, and upon the wisdom of his appointment of an order of men to preach his gospel in the world ; " and because they desired to raise up such an order of men, under the instruction of Professors " who should, agi'eeably to their permanent Creed" and "according to the best light God should give " them " faithfully teach that revealed Holy Religion only, which (xod constantly teaches men by his glorious works of Creation, Providence, and Redemption." Surely this Creed is not more inflexible and absolute, than the law God gave his chosen people, as they gathered at 220 Sinai, or wandered in the desert. Our Divine Saviour de- clared that he came neither to destroy the law, nor the prophets, and that heaven and earth should pass away before one jot or one tittle should pass from the law. And yet, as he sat upon the slope of Olivet, teaching future teachers, he took this law up, and by interpretation and construction filled it with new and amazing life, vigor, beauty and obligation. Upon the strictest construction, the Creed cannot exceed in any exaction it makes, the law of the Sabbath, which God himself so respected, as to withhold the manna in those sacred hours, whose rest, it was a capital offence for man to violate. Yet what new light broke out of this law, as it passed under the construction of the great Expounder, when he looked upon the suffering, or walked with his disciples through the fields of corn. " In it thou shalt do no work," said the Statute. " It is lawful to do good on the Sabbath day " said the Expounder. Construe by the intent and not the letter. " The Sabbatli was made for man, not man for the Sabbath." This, to Jew and doctor, was new depar- ture. " It is not lawful for thee to carry thy bed on the Sab- bath day." " Behold thy disciples do that which is not lawful on the Sabbath day." And they said it, because they did not appreciate the distinction between law under the strict- est letter, and law under divine construction and interpreta- tion. They comprehended not the distinction between abrogating and destroying law, and filling it with new life and energy by rightfid exposition and development. I have dwelt thus long upon the proposition that this Creed is open to construction and interpretation, because, it seems to me to be practically contested by the ablest of the advo- cates of the strict, literal construction. Prof. Park, "As- sociate Creed of Andover Theological Seminary," p. 45, says: — " It is said that a professor may take the Associate Creed with abatements and reservations, because other creeds are so taken, but we reply : — This Creed is not other creeds. Examine its unique style." . . . " Every distinct and complete statement begins in such a way that the man who reads it, declares that he believes it ; 221 thus, the very structure of the Creed, in its warp and woof, binds the articles together and holds them so that not one shall drop out. Every article is to be believed on its own account, and because it is woven in with the others, — be- lieved as standing by itself, and as supported by those around it." I do not know by whom " it is said that a professor may take the Associate Creed with abatements and reservations, because other creeds are so taken." We do not say that the Creed may be taken " with reservations and al)atements," and we are not aware that other creeds are so taken. We do say that this Creed, like all creeds, from the Apostles down, may be taken, and ought to be taken, subject to all the ordinary rules and principles of construction and interpretation, and in this I think we have the support of Prof. Park, notwithstanding the language I have cited. For on page 78 of his pamphlet, where he is attempting to supply what he felicitously calls "a hiatus" in the Creed, "a mere vacuum," in reference to the intermediate condition of the wicked immediately after death, in regard to which the Creed says nothing in express terms, he says, " The style of the Associate Creed resembles that of many other creeds written by Congregational divines, who have been distinguished for their strict Calvinism in re- gard to the intermediate state. We are bound to interpret it by the usage prevailing at the time when the Creed was com- posed." He then states what " this usage indicates." If then " the very structure of the Creed, in its warp and woof, binds the articles together and holds them so that not one shall drop out," it is still elastic enough to let in, by interpretation and usage, what in the same pamphlet, page 78, is called " an omission in the Andover Creed." I think we have the support of this ablest of the literal constructionists, farther, in the manly, earnest, and self re- specting language in which he asserts his own fidelity to the Creed, on pages 85, 6 and 7, — "I thought that I accepted the Creed in all its details, as well as in substance. I now think that I have taught all its doctrines in the sense in- tended by its chief framers " (p. 86). 99-? And yet, if yon will read the pamphlets I hold in my hand, by Dr. Dana, Dr. Lord of Dartmouth College, and a some- what able lay writer, to say nothing of many others, yon will find that they as sincerely believed the tlien Abbot Professor guilty of " heterodoxy," as Dr. Wellman and his associates now do the indicted Brown Professor. — Clearly, then, and there, there were two constructions of the Creed. — And had your predecessors sustained the narrow and literal construc- tion, they would have taken from Andover, thirty years of the grand life, labor, and influence of the most eloquent, learned, and distinguished theologian of his generation. This attempt to limit this compromise Creed, not by right and appropriate rules of construction, but by their own special dogmas and doctrines, somewhat aggressively asserted by emi- nent and sincere men, has met the administration of the An- dover Institution all along its course. Dr. Woods encountered it in 1808. — Dr. Murdock in 1824, when he came to repeat his subscription, and the Trustees, previously to his subscription, requested him to answer this question : — "As the sermon on the atonement which you have published is differently under- stood by different persons, the Trustees ask you the following question, viz. : " Are all the sentiments contained in your sermon, in your view, in accordance with the Creed of this Seminary and with all those sentiments which the Statutes require its Professors to teach ? " Dr. Murdock answered in the affirmative, and then repeated the Creed. Trustee's Record, September 22, 1824. This action must, of necessity, have had on inspection of this record, the supervision and approval of the Visitors. Dr. Stuart encountered and conquered the attempt in his day. Dr. Park met it with most significant triumph in his day. To-day, his successor, with four of his associate Pro- fessors, confronts it in a public prosecution for " heterdoxy." Surely, the thing that has been, is the thing that shall be, and there is nothing new under the sun. It is said, practically, this Creed must be construed as sui generis. " This Creed is not other creeds. It differs from 223 all other creeds." I do not concede this. I believe, rather, that " the style of the Associate Creed resembles that of many other creeds," and that " we are bound to interpret it," not only " b}^ the usage, prevailing at the time when the Creed was composed," but by all the ordinary and usual rules and principles of Statute and Credal construction. While I am sure, if it differs from other creeds in the terms of its subscription, it is wholly upon the liberal side. Let me read the terms in which professors in Theological seminaries of the Presbyterian Church, in this country, are required to subscribe. " In the presence of God and of the directors of this Semi- nary, I do solemnly and ex animo adopt, receive, and subscribe the Confession of Faith and Catechisms of the Presbyterian Church in the United States of America, as the Confes^ion of my faith, or as a summary and just exhibition of that system of doctrine and religious belief which is contained in holy scripture, and therein revealed by God to man for his salvation ; and I do solemnly ex animo profess to receive the Form of Government of said Church as agreeable to the inspired oracles. And I do solemnly promise and engage not to inculcate, teach, or insinuate any thing which shall appear to me to contradict or contravene, either directly or impliedly, any thing taught in the said Confession of Faith or Cate- chisms ; nor to oppose any of the fundamental principles of Presbyterian Church Government while I shall continue a professor in this seminary." To this declaration, confession, and promise, old school, and new school, together, now constituting the Presby- terian Church of the United States, alike ex animo subscribe. Would the prosecutors and defenders of the heresy charged upon Lyman Beecher, or Albert Barnes, construe and inter- pret all parts of this " system of doctrine and religious belief " in the same sense ? And is the Andover Creed more narrow, or more liberal ; more explicit, or more general, than this ? Can a subscriber, solemnly and ex animo, to this Presbyterian system of doctrine, subscribe to the Andover Creed without " heterodoxy " ? 224 This is not only a question of construction, but of some practical significance ; because Art. 2, Stat., requires every professor to be " an ordained Minister of the Congregational or Presbyterian denomination." And further, because if under strict and iron construction the time shall arrive, when no professor and no visitor will consent to subscribe the Creed as it stands at present, so that " it will soon be, if it is not now, antiquated and obsolete," Prof. Park gives us the quieting assurance that, " the Seminary is free to invite its professors and visitors from the Presbyterian Church north, south, east, or west ; -and when the whole Presbyterian Church in America has departed from the Confession, the Seminary can import its professors from Scotland." The Associate Creed, etc., p. 97. And so notwithstanding the long and painful discussions and labors of the Founder's counsellors, the Creed is elastic enough to take within its comprehension, professors, who "solemnly and ex awmo, adopt, receive, and subscribe the Confession of Faith, and Catechism of the Presbyterian Church in the United States of America as the confession of their faith," and " the Form of Government of said Church as agreeable to the inspired oracles." In view of the history of the Statutes and Creed, this construction is broadly liberal, and it is not surprising that the learned Pro- fessor should guard it from all application on the liberal side of Orthodoxy, with this sentence. " The Seminary is liberal towards all men of the two denominations, who adopt the substance of the Shorter Catechism as that substaiice is ex- pressed in the Creed, and is exclusive toward all men, who do not adopt the substance of the Catechism, as that sub- stance is expressed in the Creed." The Associate Creed, p. 97. As this respondent adopts whatever " substance is ex- pressed in the Creed," he is clearly entitled, in like manner 225 with American and Scotch Presbyterians, to the consequent liberality of the Seminary. If, then, these Statutes and this Creed are subject to the ordinary rules and principles of construction and interpre- tation, what are these rales and principles? They are not only everywhere fixed and settled, but they have been so conclusively determined, and asserted in their application to these precise Statutes and this Creed, that they are no longer open to doubt. , The first of the Statutes, those of Phillips and others, were made and accepted in August and September, 1807 ; the associate Statutes in March, 1808 ; and the additional Statutes of the originnl Founders, by which they came into experimental coalition with the associate Founders, in May, 1808. By all the Statutes, the Justices of the Supreme Judicial Court are made the Supreme Appellate Board of Visitors. Judge Jackson, then at the bar, is said traditionally, to have examined and revised these Statutes. And Prof. Park says, " Associate Creed, etc., p. 48, 9, " The provision for an appeal to the Supreme Court was made after a lengthened consultation with such eminent lawyers as Gov. Caleb Strong of Northampton, and Hon. George Bliss of Springfield." By these Statutes it is provided that if after an experiment of " seven years coalition, upon visitatorial principles, it shall appear to the Board of Visitors that the visitatorial system is either unsafe or inexpedient," it may be dissolved as specially provided therein. Art. 28, Associate Statutes. By Art. 27, the Founders reserved the right within seven years " to make such amendments or additional articles," etc., " as upon experience and due consideration shall be deemed necessary, the more effectually to secure and promote the real design of this our Foundation." At this time the associate Founders, with Mr. Abbot, Dr. Timothy Dwight, Hon. George Bliss, and Dr. Samuel 226 Spring were the visitors ; and they so continued, with the exception of Mr. Abbot, and Mr. Norris who died, to the end of the seven years' experiment. Associate Stat. Art. 12, Ad. Stat. Art. 2. In 1811, Mrs. Norris, widow of Joh;i Norris, one of the associate Founders, died, and left a legacy of 130,000 to the associate Foundation, to which her husband had made his donation. This legacy the heirs, or Executor of Mrs. Norris, keen as any theological doctor on the scent for heresy, refused to pay, upon the ground that the Statutes and Creed of the as- sociate Founders were so " heterodox " to, and inconsistent tvith, those of the original founders of Phillips Academy, that the Trustees could not take the legacy. It is not a little significant, that the first charge of heresy, or " heterodoxy," against any body connected with the Seminary, barring the objection of- Dr. Dana to the appoint- ment of Dr. Woods, was against the associate Founders them- selves. It was practically charged upon them, and argued by the most eminent counsel in the Commonwealth, that they had established within the iron-guarded, Calvinistic precincts of Phillips Academy, an institution with statutes and creed utterly " heterodox " to the creed of the Phil- lipses. The then Trustees of the Academy invoked the decision of the Supreme Court, and brought suit for the legacy. This suit was heard by the Court in November, 1814 ; and brought distinctly before the Court the Statutes of the Founders of the Academy, and the Statutes and Creed of the Associate Founders for construction and interpretation. The case was instituted and conducted under the supervision of the Treas- urer, Mr. Samuel Farrar, who had been the legal draughts- man of the associate Statutes, and under that of the Trustees, among whom were three of the Phillips faiiiily, and Drs. Pearson, Dana, Morse, and Holmes. The case was argued for tlie Executor by Mr. Dexter, and Mr. Merrill, and for the 227 Trustees by Mr. Prescott and Nathan Dane. As I under- stand, neither of the eminent counsel of the Trustees sym- pathized in the religious views of the Trustees, — they must have presented the case, in argument, as specially instructed by them, and to their entire satisfaction — I infer, as I see by the records, they paid them some $2500 for the service. The Court reserved their decision four months, until March, 1815, when they gave it, as reported in Trustees Phillips Academy vs. King, Executor. 12 Massachusetts Report, 546. To this decision I now ask attention. The earlier part of it js concerned with a question of technical law, whether a corporation is capable of taking aud holding property as trustee (p. 553). The other question discussed is the construction and inter- pretation of the Statutes. To this I call your attention in detail. " Another objection is urged upon us, — 'That the legacy is void ; because the trustees of Phillips Academy, by the act of June, 1807, were made capable only to hold property for the support of a theological institution, agreeably to the will of the donors, if consistent with the original design of the founders of the academy. And the original design of the founders of the said academy was to propagate Calvinism, as containing the important principles and distinguishing tenets of our holy Christian religion, as summarily expressed in the Westminster Assembly's shorter catechism : whereas the de- sign of the donors of the associate foundation is to add to Calvinism the distinguishing principles of Hopkinsianism, an union or mixture inconsistent with the original design of the original founders of the academy and of the theological institution." " This objection appears to me to be founded on a mistaken view of the original design of the founders of this academy ; which, as far as it can be collected from the case agreed, ap- pears to have been to teach youth the great end and real 228 business of living ; to convince them that goodness and knowledge must be united to form the most perfect charac- ter in human life ; that vice, in the most comprehensive sense, ought to be hated and avoided ; and that virtue, in an equally extensive sense, ought to be loved and praised : to cultivate, establish and perpetuate in the Christian church the true and fundamental principles of the Christian religion, as far as that institution might have influence, by an early inculcation of those principles on the minds of the pupils. And after detailing a number of particulars, as means to accomplish the end and design of the institution, it is declared that the first and principal object of the institution is t]je promotion of true piety and virtue ; the second the instruction of the English, Greek and Latin languages, together with writing, arithmetic, music, and the art of speaking; the third, practi- cal geometry, logic and geography ; and the fourth, such other of the liberal arts, sciences and languages, as oppor- tunity might thereafter admit, and as the trustees should direct. The name of Calvin or Calvinism, as the end and object of the institution, is not mentioned. The objec- tion therefore avails nothing against the legacy in ques- tion. "The objection seems to have confounded the benefactors to the academy, on whose bounty the theological institution or seminary is established, with the original founders of the academy. For although it is true that Mr. John Philli2:)s was one of the founders of the academy, we must, in this instance, distinguish between him as a founder and as an after donbr or benefactor. In his will he directs tlie donation therein given to the trustees of this academy, to be appropriated to the support of such charity scholars as miglit be designed for the Gospel ministry, and having received the first part of their education at the academy, and before a theological pro- fessor should be instituted in this or in the Exeter academy, as was expected in some future time, they might be assisted in their theological studies under the direction of some emi- nent Calvinistic minister of the gospel ; until such time as an able, pious, orthodox instructor should be supported in one 229 or other of those academies, as a professor of divinit}-, by whom they might be tauglit the important principles and distinguishing tenets of our holy Christian religion. "It deserves notice, and is evidential of the good sense and vital Christianity of tliis holy man, that although this instruc- tion was to be from some eminent Calvinistic minister, until an ortliodox instructor (that is, one who should teach, ex- plain and inculcate the important principles and distinguish- ing tenets of the religion of Jesus, as it had been delivered to the saints) should be instituted ; yet he is to teach noth- ing but our holy Christian religion. He is not to teach Calvinism. " If it be objected, that Calvinism and Christianity are iden- tically the same, then it seems to me that the principle of the objection would be to give the preference to Calvin over Jesus as a religious instructor, and to rob the latter of some honor and glory, which I have ever considered as be- longing to him over all his followers and other teachers." " The deed from Mrs. Phoebe Phillips and others to the trustees of Phillips Academy, containing the constitution of the theological seminar^', alludes to the Westminster Assem- bly's shorter catechism : but I can find nothing of Calvinism as the object of their intended foundation ; except once, where they quote a passage from the will of Mr. John Phillips. And although the preamble to the statute of June 1807, enlarging the capacity of the trustees of Phillips Academy, has the words " in furtherance of the designs of the pious founders and benefactors of said academy," it is very clear that the legislature did not intend to comprehend the after benefactors of the academy witJi the original founders ; be- cause when the law directs how the increased revenue should be disposed of, it provides that it shall always be applied " to said objects " [that is, for the purpose of promoting the theological institution] " agreeably to the will of the donors, if " [that will or those objects be] " consistent with the origi- nal design of the founders of the said academy." " It was but reasonable for the legislature, when increas- ing the capacity of the trustees, and enabling them to extend 230 the objects of education, to take care that this should be done in a manner not inconsistent with the design of the orimnal founders, who were dead. But there was not the same, or indeed any reason at all, for the legislature to inter- fere in what then was, or what might afterwards become a matter of dispute between two sets of donors or benefactors ; the bounty of neither of whom had been accepted by the trustees, and who were capable of adjusting and appropriat- ing their own bounties. " I should not have thought it necessary to take any fur- ther notice of this objection, were it not that the counsel for the defendant brought forward in the argument, and urged upon the consideration of the court with great force, several specific propositions or articles of two opposing creeds, or which the counsel contended were directly contrary to each other ; insisting that the intent of the founders was to main- tain Calvinism, or the theology of Calvin ; and if there were but one single article or proposition, in the creed of the associate founders, contrary to Calvinism, the trustees of the academy would have no right to take and appropriate the legacy in question ; and should the creed imposed by the associate founders omit a single article contained in the creed of Calvin, or as Calvinism was understood at the time of the foundation of the academy, it would be such a departure from' the intent, design and plan of the original founders, that it must intercept the intended legacy, and prevent any right from vesting in the plaintiffs. It was then stated to be an essential article in the creed of Calvin, and what all Cal- vinists must necessarily believe, to make them Christians according to the Calvinistie theology, ' that the original sin of Adam is imputed to all his posterity, in some way or man- ner, that they are all and every one actual sinners ; ' whereas the associate foundation did not admit this article in the creed taught in their branch of the theological school, but substituted the following article in lieu thereof, and made it a necessary part of the religious creed of the professors, and to be by them taught to the students in the institution ; viz., ' Adam, the federal head and representative of the humau 231 race, was placed in a state of probation, and in consequence of his disobedience all his descendants were constituted sin- ners,' — which latter article, it was urged, is not only an arti- cle of a system of religion called Hopkinsianism, but it is so inconsistent with, and contrary to the system of Calvin- ism in general, and particularly to the foregoing article of the creed of Calvin, or of a Calvinistic Christian, as taught in the assembly's shorter catechism, as could not be taught in consistency and harmony with the design, views and in- tentions of the original founders of the academy : and thus the legacy being given to promote Hopkinsianism in opposi- tion to Calvinism, as explained in the said catechism, is void, and ought not or rather cannot be recovered by the plain- tiffs, who, as trustees of the academy, cannot take any dona- tion or bequest contrary to the intent of the founders. " To this objection, thus drawn out and explained nearly in the words of the eloquent argument, it is enough to reply, There is a clear, intelligible meaning, consistent with the whole course of the providential government of God over the natural and moral world by general laws, so far as the subject has been investigated, which may be applied to the two articles attempted to be contrasted, with no greater lati- tude in the use of language, than is frequently applied by orthodox divines to words and phrases in the Bible, not always to be taken literally : in which sense these proposi- tions or articles will mean the same thing. And in such sense they are consistent with the revelations contained in the Bible ; which revelations make up the fundamental prin- ciples of the religion of Jesus. Hence there is no necessity of conjecturing a variety of meanings, which the words may possibly be susceptible of, in minds more habituated to dwell on the theories of certain divines, than ' on the religion of Jesus, as delivered by himself and those who are authorized by God the Father to preach it. And I hesitate not to say, that in all cases like this, we ought to be satisfied, whenever we can reconcile the language of honest Christians by yield- ing to them that charity of construction, which it is allowed b}^ all that we should apply to the Holy Scriptures. 232 " For myself I confess that I do not clearly perceive any other sense, than that in which tlie two articles mean sub- stantially the same thing, notwithstanding some diversity of expression, in which they can be said to be true, and con- sistent with the Christian religion. And, knowing as we all do, the founders, as well as the after-benefactors who have set up the associate foundation, to be persons of great piety and most sincere believers in the religion of Jesus; and that the first and principal object with all of them has been to establish, teach and enforce the belief and practice of that religion on the students of the institution, and through them on the whole world of mankind; — why should we now be called upon to apply a7i astute^ narrow and uncliaritahle con- struction upon a few technical propositions, merely to divert the legacy of a pious woman from an object nearer to her than life itself? — And let me add, in this case, the ol)ject is great and noble, beyond almost any thing in our countr3^ " The same course of reasoning and observations would apply to the objection, as it was attempted to be applied to a supposed contradiction between some other tenets of the two supposed opposing systems of theology. But it cannot be necessary to protract this opinion more in detail, on this general objection." It may be urged, and granted, that all that is here said is not necessary to the decision ; and hence is obiter dicta. It may be said, the Justices of the court were Unitarian, and hence coming under one of the anathemas of the Creed, were incapable of making, or indisposed to make, the clear dis- tinctions, or unable to appreciate the precise formulated doc- trines of the great Masters of orthodox theology. — All this may, or may not be true, without touching, in the slightest, the force of my inferences and argument. This court was the body, which the associate Founders had made, after mature deliberation, their appellate and supreme visitors. It was the tribunal before which they, and not their opponents, brought their case. There can be no doubt but that the court, in this case, be it in decision or dicta, did discuss and determine the con- 233 struction of these Statutes, and state distinctly the principles of interpretation to be applied to them. When this decision was made in March, 1815, Bartlet and Brown of the associate Founders were living, and with Mr. Bliss, Dr. Dwight, and Dr. Spring, constituted the Board of Visitors. His Honor, William Phillips, Hon. John Phillips, Andover, Hon. John Phillips, Boston, Samuel Farrar, Drs. Morse, Pearson, Dana, and Holmes, were Trustees. The experimental seven years' " coalition " of the Statutes expired in May, 1815, after this decision. This brought the whole matter of Statutes and Creed entirely within the con- trol of Visitors and Trustees. Associate Statutes, Art. 28, Stat, and Deeds, p. 99. "■ If after an experiment of seven years' coalition, upon visitatorial principles, it shall appear to the Board of Vis- itors, that the visitatorial system is either unsafe or inexpe- dient, the coalition may, nevertheless, be continued upon such other principlesior system as may be then agreed upon by the Trustees and Visitors aforesaid, in consistency with the original design of this our Foundation," or the fund might be withdrawn, etc. " But if at the expiration of the seven years' experiment, or within the said term of seven years, the Board of Visitors and the Trustees aforesaid be well satisfied with the safety and expediency of the visita- torial system, and that a perpetual coalition is important, and desirable, union shall be established upon visitatorial princi- ples, to continue, as the sun and moon, forever." How opportune came this decision, at the moment this large responsibility devolved upon Visitors and Trustees, to help them meet it ! How still more opportune, that it came in the lifetime of the Founders, — and while Dr. Dana was upon the Board of Trustees " to sound the alarm," and other eminent doctor's, as well as several distinguished mem- bers of the Phillips family were there to take up its warning sound ! What did those Visitors and Trustees? Professor Park 234 says (The Associate Creed, etc., p. 81), " In the years 1815-16, the whole constitution of the Seminary was re- considered by the two boards of visitors and trustees, and no cliange was made in it ; there was no mitigation of its strictness." No, " there was no mitigation of its strictness," because the Supreme Court had just considered it, and significantly asked why the}^ " should be called upon to apply an astute, narrow, and uncharitable construction upon a few technical propositions ; " and had declared " there is no necessity of con- jecturing a variety of meanings which the words may possibly be susceptible of, in minds more habituated to dwell on the theories of certain divines than on the religion of Jesus, as delivered by himself and those who were authorized by God the Father to preach it. And I hesitate not to say, that in all cases like this, we ought to be satisfied whenever we can reconcile the language of honest Christians, by yielding to them that charity of construction, which it is allowed by all, that we should apply to the Holy Scriptures." Visitors and Trustees had no reason to mitigate the strict- ness of Statutes, so construed and interpreted, and under which construction they had just claimed and taken a large legac}'. — But what is more significant, they neither criticised, questioned, nor repudiated this construction : — more, they accepted and affirmed this construction. The whole con- stitution of the Seminary was reconsidered just after this decision, and certainly, in its light. — To this Seminary it was not only a decision in an important litigation, but the delib- erate opinion of its ultimate visitors. What was the result of this reconsideration by Visitors and Trustees, made just eighteen months after the decision of the Supreme Court ? Let me read it as it stands recorded, on pages 148 and 149 of the Trustees' Record for September, 1816. Record, Deeds, and Donations, p. 136. 235 " The following communication was received from the Visitors, viz. : — " At a meeting of the Board of Visitors of the Theological Seminarj^ in Andover, Sept. 25, 1816 — whereas by the twenty-eighth Article of the Statutes of the Associate Found- ers of said Institution it is provided, that if, after an experi- ment of seven years the Board of Visitors and the Trustees of Phillips Academy are well satisfied with the safety and expediency of the Visitatorial system, and that a perpetual coalition is important and desirable ; — union shall be estab- lished upon Visitatorial principles, to continue forever: — Voted, that the Board of Visitors are well satisfied with said system, and that a perpetual coalition upon said principles is, in their opinion, important and desirable, and that the concurrence of the Board of Trustees of Phillips Academy herein be requested. Samuel Spring, Secretary. " Whereupon, Voted, that this Board are well satisfied with the safety and expediency of said system, and that a perpet- ual union is important and desirable, and they do concur with the request of the Board of Visitors, and declare that the perpetual union contemplated by the Statutes is estab- lished." But this affirmation of the living associate Founders by no means stopped with their acts as visitors. In January and February, 1817, with this decision of tlie Court, and this action of the Visitors and Trustees open before, and partici- pated in by, him, Mr. Bartlet provides the Seminary with a chapel, and on the 8th of May, and the 15th of Septem- ber, 1818, conveyed it, with other lands, completed and fur- nished, to the Trustees, subject to these associate Statutes, just then construed by the court, and made permanent, with- out change, by himself and his associate Visitors. Deeds and Donations, pp. 137, 139, 143. 236 February 8, 1819, only four years after the Court's decision, and three after that of himself and associate Visitors, practi- cally confirming it, Moses Brown, the other surviving F'ound- er, founded, with a donation of twenty-five thousand dollars, the professorship, which Professor Smyth now holds, and placed it under these same associate Statutes, just then so recently construed by the Court, and thereafter by himself and associate visitors made perpetual. In March, 1820, Mr. Bartlet asked leave of the Trustees to put up another College for the use of the Seminary, and in September, 1821, tendered it complete to them, " to be for- ever used for the sole purpose of promoting the interests of said Seminar}^, according to the Constitution and Statutes of the same." Deeds and Donations, p. 161. In 1821 the Trustees and Visitors, by a unanimous vote, applied for and obtained an act of the Legislature, by which Moses Brown, William Bartlet, George Bliss, Calvin Chapin, and Jeremiah Day, the then Visitors, were made a corpora- tion, by the name of the Visitors of the Theological Institu- tion in Phillips Academy, in Andover. By the third section of this act, an appeal from the Visitors was given to any per- son aggrieved by any act of theirs " contrary to the Statutes of the Founders of said Institution," or in excess of their jurisdiction; to the Supreme Judicial Court, and they were further "authorized to declare null and void any decree or sentence of the Visitors, which they may consider contrary to the Statutes of the Founders, and beyond the just limits of the powers prescribed to them thereby," while nothing in the act contained was to be construed to limit or restrain the Court from exercising all such jurisdiction over the Visitors as " they might exercise had not this special provision been made." Act Jan. 17, 1821, Deeds and Donations, p. 165. They thus made these Statutes a Statute of the Common- wealth. 237 Can there be any doubt, after these, their acts and doings, and omissions to do, of the broad, tolerant, progressive and effective spirit, in which the Founders expected and intended these, their Statutes should be construed and accepted ? To-day, seventy years after its utterance in the ears of the Founders, we simply ask you to adopt the language of the Supreme Court. " Knowing, as we all do, the Founders, as well as the after-benefactors, who have set up the associate foundation, to be persons of great piety, and most sincere believers in the religion of Jesus ; and that the first and princi- pal object^ with all of them, has been to teach and enforce the belief and practice of that religion on the students of the in- stitution, and through them on the whole world of mankind, why should we be now called upon to apply an astute^ narrow^ and uncharitahle construction upon a few technical proposi- tions?" We simply ask you, with them, to say we " hesitate not to say that, in all cases like this, we ought to be satisfied, when- ever we can reconcile the language of honest Christians by yielding to them that charity of construction, which it is allowed by all that we should apply to the Holy Scriptures." 12 Mass. Rep. 563-4. Upon the construction made by the highest Court of the Commonwealth, and the designated appellate and ultimate Visitors of the Institution, in the lifetime of the Founders, and accepted, confirmed, and ratified, as thus shown by them, we take our stand. But we go farther, and assert that this same construction was not only accepted, by the original Founders, Trustees, and Visitors, but that it has been adhered to by all Trustees and Visitors, from the impeachment of Dr. Woods, the first, to that of Dr. Harris, the last Abbot Professor. There was one conscientious and able Trustee, heresy haunted and aggressive, who stood by the Seminary at its birth, and opposed the appointment of Dr. Woods, as first Abbot Professor, by the Founder himself, for that he suspected or 238 feared in him " heterodoxy " to Calvinism or the Creed, one or both. — That he had some ground for this suspicion seems to he conceded by Dr. Woods, in his Later and more conser- vative years, — when he had come into harmony, if not coali- tion, with his former accuser. Dr. Woods, after citing some passages from his " Letters to Unitarians," says (p. 180 Hist. Andover Seminary), — "Now I must acknowledge that the passages, above quoted from my ' Letters,' are manifestly inconsistent with my pro- fessed belief and my promise as a Professor. And on reflec- tion I cannot but think it strange, that the Trustees did not exercise the same watchful fidelity in this case, as they did afterwards in the cases above referred to ; and that neither they nor the Visitors ever admonished me for doing what was plainly at variance with the Constitution of tlie Semi- nary." Upon these suspicions or charges, as is apparent, both Trustees and Visitors declined even so much as to make inquiry. The next in the category was Dr. Stuart, of whom Dr. Woods says (Hist. p. 152-3), — "After the lapse of about twenty years, it appeared that on some points of speculative divinity, particularly in anthro- pology, there was not an entire agreement between his opin- ions and those entertained by Dr. Porter and myself. But it was otherwise in regard to the great principles of experi- mental and practical godliness." " The labors of Professor Stuart in his department contrib- uted in a pre-eminent degree to the reputation and usefulness of the Seminary, and had a powerful influence in promoting in our country the study of the Scriptures in their original languages, and in settling the principles of exegesis. In the important improvements which have been made in this branch of sacred learning, during the last forty years, Pro- fessor Stuart had a leading agency. " In regard to the plenary inspiration of the Scriptures, Pro- fessor Stuart, for a time, dissented somewhat from the com- mon doctrine ; and he freely expressed his opinions on this 239 subject in the lecture room, and hinted at them in some of his publications." » Next came Dr. Murdock's case in 1824. Page 178. " A case occurred nearly twenty years since, in which the Trustees, in the discharge of the duty devolved upon them by the Founders, appointed a Committee to inquire into the opinions contained in a publication of one of the Professors. The Committee examined the publication, and, in a written communication to the Professor, pointed out various passages which seemed to them inconsistent with the Confession of Faith to which he had given his assent. This they did, not to bring against him the charge of heresjs but to ask of him a satisfactory explanation of what he had published, and to impress upon him the importance of guarding against any deviation, real or apparent, from the doctrinal standard ap- pointed bv the Founders." Most significant was the result in this case, as I have stated. Dr. Murdock was required to answer this question with its preamble, " As the sermon on the Atonement which you have published is differeritlg understood by different persons, the Trustees would ask you the following questions ; viz. : Are all the sentiments contained in your sermon, in your view^ in accordance with the Creed of this Seminary, and with all those sentiments which the Statutes require its profes^ors to teach?" Dr. Murdock answered in the affirmative and then repeated the Creed. And so ended this impeachment of "heterdoxy," — and it so ended under a Board of Trustees, of which Dr. Pearson, Dr. Morse, Dr. Dana, Dr. Holmes, Dr. Justin Edwards, His Honor William Phillips, Samuel Farrar, and Judge Samuel Hubbard were members. In all the long and bitter controversy with Dr. Murdock, two years later, with his well-known views, no charge of " heterodoxy " or disregard of the doctrines of Creed or Statutes was made, and Dr. Murdock was removed on wholly different grounds. Next came the conspicuous case of Prof. Park. — In his case, as in this, a dissenting Trustee, supported by a college President, brought, filed, urged, and at last published, in de- 240 tailed specifications, charges against tlie Professor of Cliristian Theolog3^ Pages 8 and 9, Dr. Dana's Remonstrance, assert, — " Tlie present Professor of Christian Tlieology has, agree- ably to the Constitution, solemnly declared and subscribed his assent to the doctrines of the Westminster Assembly's Shorter Catechism, and solemnly engaged to teach them, to the exclusion of all opposing doctrines and errors. That Catechism recognizes the doctrine of original sin. Is it consistent in the Professor to hold and teach that our nature is not sinful, and that original sin is not sin ? What though it be admitted, in the case of infants, that they need atone- ment and regeneration, in order to enter heaven ? Are not atonement and regeneration, where there is no sin, obviously supernumerary and absurd? "The Catechism recognizes a Regeneration, involving a real renovation by the Holy Spirit, and a restoration of the divine image. Is it consistent to hold and teach that Regeneration consists in a change in the balance of the susceptibilities; or in a change from sinful action to holy action ; or even in a change from a nature [not sinful] in- clining to sinful acts, to a nature [not holy] inclining to holy acts? " The Catechism brings distinctly to view a Covenant made by God with Adam, the father of the race ; a covenant in- cluding all his posterity. This doctrine has ever been viewed by the greatest divines, as a kind of corner-stone in theology ; absolutely essential to explain many things in the gospel sys- tem, which otherwise would remain forever dark and inex- plicable. It is therefore perfectly natural that the avowed enemies of religion should assail it, as they have actually done, with inveterate hostility, and with blasphemous ridicule. But can it be consistent, in a Professor who has taken the Cate- chism as his Creed, to explode the doctrine, by teaching that there is no evidence of any covenant of works between God and Adam, as the father of the race ; or with Adam, includ- ing his posterity ? " The Catechism declares an Atonement, such as involves 241 3b- full satisfaction made by the Redeemer to the offended law and justice of God. It speaks of Christ as " undergoing the wrath of God " (meaning, the manifestations of his wrath), *' and the cursed death of the cross." With what consistency can a Professor, who has declared his adhesion to the Cate- chism, maintain that it cannot be said that Christ's passive obedience frees us from punishment ; and that in the case of the penitent, the demands of the law are evaded, or waived ? " In fine ; the Catechism declares most explicitly, that we are justified by the righteousness of Christ, imputed to us, and received by faith. Where, then, is the consistency of maintaining that Christ needed obedience for himself, and could not perform a work of supererogation for others ; that if Ciirist obeyed the law for us, we need not obey it for our- selves, for that the law does not require two obediences ; neither in this case, is there any grace in our pardon ; that Christ's obedience being imputed to us, involves a double absurdity." " These are only specimens of the doctrines now taught in the Seminary. But they are specimens which comprehend the whole range both of doctrinal theology, and experimental religion. The doctrines are at irreconcilable war with the genuine doctrines of the gospel." On page 10, he says : — " I remark here, that there are many mistaken views of the Professor, which have come to my knowledge, which I have not specified. Such are the following : that there was a period when Christ began to be the Son of God — that if he was a man, and if he was a holy man, he must have had ability to sin — that temporal death makes no part of the penalt}^ of the law, nor is it, properly speaking, the punishment of sin — that it is in the power of human beings to hinder the execu- tion of some parts of the divine decrees. Assertions such as these, I must declare — begging the Professor's pardon — are very reckless, and very dangerous." These charges were supported by Dr. Lord, and by an anonymous laj^man, and answered by the late Dr. George 242 Allen in a pamphlet entitled " The Andover Fuss, or Dr. Woods vs. Dr. Dana on the Imputation of Heresy against Prof. Park respecting the doctrine of Original Sin." The Visitors, after examination of Prof. Park, utterly overruled Dr. Dana's protest against his appointment, and confirmed him ; and the Trustees and Visitors entirely over- ruled or disregarded all Dr. Dana's subsequent charges. Dr. Dana tells us that for forty-five years he had been a Trustee, — "With the venerable Founders of the Seminary I was intimately acquainted ; I knew their favorite objects and designs; I have carefully pondered their Constitution and Statutes, and I have watched with deep solicitude, the course of things in the Institution from its past inception to the present time." Remonstrance, p. 5. And he closes his Remonstrance thus : " But I have done. Should what I have written be successful, under the blessing of God, to promote true and pure religion; to send a salutary alarm to the churches; to check the j)rogress of fatal error ; to induce Christians to grasp with new ardor the holy and saving doctrines of the Bible, and to contend earyiestly for the faith once delivered to the saints, my object will have been attained, and I shall regard myself as the most favored of men." And yet so variant was the action of the Trustees, under the liberal construction of the Court, from his ironclad no- tions, that he says he has been " painfully constrained to say their course, for some years, has been to him most mysteri- ous, and inexplicable." Remonstrance, p. 4. And elsewhe -e he says, " My Brethren will permit me to say, that would we guard the Seminary from its dangers, and disencumber it of its evils, we must adopt a new system re- specting creeds." — And the ^'■new systein'" was required, because the Trustees refused to take cognizance of what he 243 declares to be "deviations" "certainly essential," "for they are not only erroneous explanations of doctrines previously assented to, but contradictions and denials. Witness the cardinal doctrines of original sin, of justification, and of the Covenant with Adam^ Remonstrance, p. 13. It was a " new system respecting creeds " that Dr. Dana asked in his day, and it is a new system respecting Creeds, bis successors ask to-day. They befriend new departures in law, if not in Theology. Prof. Park, The Associate Creed, p. 86, after stating, among other things, that except Dr. Dana, not one of the Trustees or Visitors " ever intimated to me that he doubted my strict allegiance to the creed " says " I thought that I accepted the Creed in all its details, as well as in its substance. I now think that I have taught all its doctrines in the sense intended by its chief framers." Nobody will doubt the sincerity and truth of these declara- tions. And I cite them in connection with Dr. Dana and Dr. Lord, only as confirmatory of how much, under just and proper construction, the Statutes and Creed take in and CDm- prehend. We come now to the last adjudication of Trustees and Visitors, under the Statutes and this Creed. And this touches again the Abbot Professorship. On July 2, 1882, the Trustees elected Rev. Dr. Newman Smyth Abbot Professor of Christian Theology, to succeed Dr. Park. I suppose of all the " heterodoxies," and incon- sistent holdings and beliefs, charged upon the Respondent, the one most relied upon is that contained in the llth speci- fication in these words. "That there is and will be, proba- tion after death for all men, who do not decisively reject Christ during the earthly life," etc. Perhaps no name in this country is more closely connected with the possible hypothesis covered by this charge, than that of Newman Smyth. When he was elected, his writings 244 were before the Trustees, and in their deliberate judgment there was nothing in them, which should prevent the election of their author to his professorship. The election came to the Visitors for confirmation, and had their most deliberate and careful consideration and judgment. Let me read from this judgment — " The Board of Visitors of the Theological Institution at Andover, having been duly notified by the Trustees of the election of Rev. Newman Smj'th as Abbot Professor of Theology, and having had, after lepeated consideration by themselves of his election, a frank and full conference with the Professor elect at which a majority of the Board of Trustees were also present, have adopted the following minute which they hereby lay before the Trustees. " The Visitors have been convinced of the general harmony of Dr. Smyth's theological views Avith those which have been identified with the history of the Andover Seminary from the beginning. He frankly and heartily accepts the creed to which the Abbot Professor must subscribe, and affirms that he is surprised to find after a careful study of this creed that it is in such accord with his own views. " Some of the publislied works of Dr. Smyth have by many careful thinkers and earnest friends of the Seminary been intei'preted as sanctioning views contrary to the doctrines commonly held by our churches and clearly declared in our articles of faith. These views especially relate to sin, the atonement and the future state. A teacher who should countenance, however unwittingly, a departure from the received faith on these points would evidently not be well fitted for the office of instructing young men in the truths of the Gospel. We have therefore carefully examined Dr. Smyth upon these, and also upon his general doctrinal opin- ions, and he with admirable frankness and with a sincerity which cannot be doubted has made it evident that however he may have been interpreted, his real views upon these themes are in substantial agreement with the characteristic doctrinal position of this Seminary." Minute of Visitors. 245 To this minute, the Trustees by their Committee replied, March 23, 1882, from which reply I make the following extract. " The Trustees of Phillips Academy have received your communication with regard to the election of the Rev. New- man Smyth, D.D., as Abbot Professor in the Theological Seminary which is in their care, and whose interests are, in part, committed to you. They have appointed us a Com- mittee to present to you their reply. The Trustees wish to express their appreciation of the pains taken by the Visitors to reach an intelligent and trustworthy judgment upon the serious matter in which their concurrent action has been sought. They desire, also, to express their gratification that 3'ou concur in their judgment regarding the Theological belief of Dr. Smyth, and in their estimate of his character and ability. " They are glad that the result of your deliberation and investigation is the conviction that the views of Dr. Smyth are in substantial agreement ^ith the doctrines taught in the Seminary in the past, and in harmony with the creed to which the Abbot Professor is required to give his assent." Trustees' Reply to Minute. The Trustees conclude by renewing their request for the confirmation of Dr. Smyth. The Visitors thereupon re-considered their action, and, by a majority of their number, refused to confirm his election. In the Minute then adopted the Board of Visitors say : — " The Board of Visitors would again express their conviction that the theological vie\Vs of Dr. Newman Smyth are in gen- eral harmony with those which have been identified with the history of the Andover Seminary from the beginning. After his full and explicit acceptance of the creed, and his frank additional statements in response to our inquiries, it is im- possible for us to doubt his substantial agreement with the doctrinal position characteristic of this Institution. His natural frankness, his moral earnestness, and his Christian 246 sincerity are too evident to permit us after our conference with him to raise any question upon this point." Visitors' Records. Thus from 1807 to 1887, the construction and interpreta- tion of these Statutes and Creed have been uniform, by Court, Visitors and Trustees. — Insinuations, suspicions, charges of heresy and " heterodoxy " to the Creed have run down the line of Seminary Administration, from the day a dissenting Trustee first raised them against a Founder's pro- fessor, to that in which his successor raises them against nearly the whole Faculty of the Institution, and all his asso- ciate Trustees. No " heterodoxy " has ever been eliminated, and until to-day no public prosecution has been entertained. Yet, in the administration of the Seminary, have been united, generation after generation, some of the most intelligent, conscientious, learned, orthodox men, clerical and lay, which this Commonwealth has produced. For eighty years these Statutes and Creed have, without deviation, been construed in the manner I have stated : — strictly and firmly, in every necessity to security; broadly, tolerantly, and liberally, in every essential to that intellectual, and spiritual freedom and progress, without whose conserving influences, creeds fall from living organisms, to fossils. These liberal rules and principles of construction, so well established in relation to these identical Statutes, by Court, Trustees, and Visitors, are precisely those everywhere recog- nized by all Tribunals, civil or ecclesiastical. They are clearly and distinctly announced by the English Courts in numerous cases, to only one of which I need refer, the great case of Voysey vs. Noble, decided in the Privy Council in 1871. 3 Privy Council Rep. 357. The court say : — '' Before examining the charges and comparing the proofs adduced from Mr. Voysey's publications with the charges 247 founded thereon, and with the Articles and Formularies of the Church alleged to have been contravened, it will be well to enunciate, briefly, tlie rules of judicial exposition with reference to the Articles and Formularies of the Church. "In this respect we have the guidance of previous and recent decisions of this Tribunal, expressed in clear and definite language. " In the cases arising on the work called ' Essays and Reviews^'' Williams vs. BisJioj) of Salisbury^ and Wilson vs. Fe7idalU Lord Westbury, in delivering the opinion of the Committee, said: 'Our province is, on the one hand, to ascertain the true construction of those Articles of Religion and Formularies referred to in each charge according to the legal rules for the interpretation of Statutes and written instruments; and, on the other hand, to ascertain the i:)laiu grammatical meaning of the passages which are charged as being contrar}^ to or inconsistent with the doctrine of the Church ascertained in the manner we have described.' " Hut it is to be observed, that in inquiries of the nature now before us, tliis Cojumittee is not compelled, as in cases affecting the riglit of pro^jcrt}', to affix a definite meaning to any given Article of Religion the construction of which is fairly open to doubt, even should the Committee itself be of opinion (on argument) that a particular construction was supported by the greater weight of reasoning. Thus, Lord StoivelU in the case of Her Majesty's Procurator vs. Stone^ thus expressed himself : 'I think myself bound at the same time to declare that it is not the duty nor inclination of tliis Court to be minute and rigid in applying proceedings of this nature, and that if any Article is really a subject of dubious interpretation it would be highlj- improper that this Court should fix on one meaning, and prosecute all those who hold a contrary opinion regarding its interpretation. It is a very different thing where the authority of the Articles is totally eluded, and the party deliberately declares the intention of teaching doctrines contrarj- to them.' *' We have thought it right to refer to the canons of con- struction thus judicially expressed, because on the one hand 248 they allow to the party accused a fair and reasonable latitude of opinion with reference to his conformity to the Articles and Formularies of the Church, and on the other they aiford no sanction whatever to the contention of Mr. Voyi7slO)476B Bitkeley ^ BV4C76 THE UNIVERSITY OF CALIFORNIA LIBRARY