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Mr WILSON of Dundee made a motion expressing the Assembly's apprehension of the aggravated evils of drunkenness, and instructing Presbyteries and Kirk-Sessions to direct their earnest attention to the subject, with a view to suppressing the evil by discipline, and by their influence to diminish the number of public houses. The motion also proposed that the Assembly petition Parliament to take the subject into serious consideration, with the view of having the licensing body so constituted as to feel more responsibility than at present. Last year he (Mr Wilson) headed a deputation to the Magistrates of Dundee, to request a diminution of the number of houses; and the result was, that the number was restricted. This year the same movement was not made, and the result was the increase, by seventy, of the number of licenses.

Mr NIXON seconded the motion. In Montrose, by dint of hard labour, the houses had been reduced from 100 to 83; but this year they had been raised by 25 new licenses in the most destitute and debauched parts of the

town.

Mr WILLIS of Kirkpatrick-Durham said, the case as to licences was similar in country districts to the towns referred to. Even objectionable characters frequently obtained licences; they were granted far too extensively in Kirkcudbrightshire. He would at least say generally of the rural tavern, that men were slain by it,- even strong men,—and that it counteracts in many ways the extension of religion. It would be well if heritors and justices of peace would use their influence to diminish the number of such houses. A sense of practical duty caused him to state one encouraging fact, that a large proprietor in Galloway, our Assembly Procurator (Mr Dunlop) had already suppressed one public house, and was endeavouring to restrict the influence of another.

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Mr MONTGOMERY of Innerleithen, in a few remarks denounced the practice of selling whisky in grocers' shops.

Mr HOG of Newliston attributed much of the increase that had taken place in the number of public houses to the upsetting of the decisions of the local Justices by the Quarter Sessions, and thought Parliament should restrict the powers of these Sessions.

The LORD PROVOST of Edinburgh suggested that the Committee on this subject should be empowered to petition in favour of Lord Kinnaird's Bill. Unfortunately, the evil was one beyond all ordinary remedy. No ministry, and no amount of influence in the way of preaching and teaching could be of any avail. He was glad that his experience in the matter enabled him to say, that those with whom the responsibility rested had done their duty, but, most unfortunately, a Board without responsibility for the peace of the city, and seeing nothing of the effects of these houses in the Police Courts, upset all their efforts, and completely trode them down-(hear, hear)-though on last occasion they had been more fortunate than for years back. He feared that communications from church courts and other bodies often had a bad effect, inasmuch as parties who had reason to believe that their cases would go hard with them, immediately exercised their influence amongst parties who they think will vote for them. They should at once apply to Parliament for the protection of the local magistrates in the discharge of their duty. It was out of the question that they should be overruled by parties not cognizant of the facts of the case. He would not go farther, lest he might say something that would cost him trouble afterwards. (Laughter.) Mr DUNLOP agreed with the Lord Provost's suggestion. He did not think Lord Kinnaird's Bill, in every respect and in all its details, what could

be wished, but it was an immense improvement on the present system. He was happy to think that a considerable improvement was taking place in public opinion on the subject, and that the fallacy of the principle which led men to give a poor widow a license to keep her out of the poor house, and thus bringing many more into it, was beginning to be discovered. In Dumfries, returns lately obtained by a Temperance Association shewed that there were places in which drams could be got for every seventy-three souls, old and young, or one for about every eighteen adult males. (Hear, hear.) It was impossible that such a state of things could exist without largely increas ing the temptation to whisky-drinking. The selling of drams in grocers' shops was another method of paving the path to destruction. (Applause.) The community owed a debt of gratitude to the Lord Provost and his brother Magistrates for their manly and comparatively successful exertions in this matter. After alluding to the evil results that had been induced in Leith by the conduct of the Quarter Sessions, Mr Dunlop concluded by expressing it as his opinion, that there could be no cure for the evil, except Lord Kinnaird's Bill, or some similar measure.

Mr BALFOUR said, Lord Kinnaird's Bill sanctioned the opening of hotels and inns promiscuously after twelve o'clock—a principle which, he thought, the Assembly could not approve of.

After a few remarks from Dr CANDLISH, the deliverance of the Assembly was given in the following shape:-"The General Assembly having heard the overture anent intemperance, are deeply impressed with the alarming extent to which this vice has reached, and of its demoralising effects. The Assembly feel that the sin of drunkenness is exercising a very baneful influence on the domestic happiness and spiritual prosperity of the people, and is checking all philanthropic efforts for elevating the masses of society, and proving a great barrier to the success of gospel ministrations. The Assembly, therefore, instructs all Presbyteries and Kirk-Sessions to direct their earnest attention to the subject, with a view of suppressing the evil, by warning, admonition, or discipline, by using their influence to procure the dimi nution of public-houses, the number of which is at present so excessive, or by any other means which may appear most advisable in their several districts. Farther, the General Assembly resolves to petition Parliament to take this subject into their consideration, to check the practice of dramselling in grocery and provision shops, to alter the present system of licensing, so that the number of public-houses may be reduced, and the licensing body may be so constituted as to feel more responsibility than it now does, -and especially, that these houses should be closed during the whole of the Sabbath; and appoint a Committee to prepare a petition to be submitted to a future diet of the Assembly; and that Lord Kinnaird's Bill be remitted to this Committee to consider whether they can frame their petition in favour of it. The Assembly appoint a Committee on Temperance, to be named at a future diet, Mr Wilson, Convener; and they record their thanks to Dr Macfarlan, who has communicated his resignation, for the important services which he has rendered as Convener of the Assembly's Committee." The Assembly then adjourned shortly after five o'clock.

MONDAY, JUNE 2. 1851.

Report on Sale of Churches, &c.;-Marriage Affinity Bill:-Sanctioning Charges. &c.;-Education Scheme, Speeches of Dr Candlish and Dr Buchanan:-Report of Committee on the Highlands;Report on Popery: Speeches of Mr Tweedie, Dr Candlish, Dr Begg, Mr Murray, Dr Hetherington, &c.-Report on Popery; Speeches of Mr Tweedie, Dr Candlish, Dr Begg ;-Convocation in 1842.

The Assembly met at 12 o'clock, and was constituted by the Moderator.

SALE OF CHURCHES.

Mr WILSON, Dundee, gave in a report from the Committee on the Sale of Churches and similar property. They reported that they had examined the circumstances of five cases in which it was proposed to effect the sale of churches, &c., with the view of procuring more commodious buildings, and approved of the proceedings in each case. The cases were the Tolbooth Church of Edinburgh; the churches of Melrose, Largo, Boyndie, and St Enoch's, Glasgow.

Dr CANDLISH moved that the Assembly approve of the Report, and express their thanks to Mr Wilson for the great care he had taken in this matter. The name of the Committee had afforded some degree of satisfaction to some of their friends-the adherents of another communion, to which he need not more particularly allude. They were beginning to rub their hands and congratulate themselves that now the tide was fairly turning, and that now the Free Church was in the way of not building, but of selling her churches. (Laughter.) One was very sorry to damp their satisfaction, but this report of Mr Wilson's was likely to discourage them a little. They would see that this sale of property had not precisely the aspect of a bankrupt concern, since, in every case, the Church was to be a gainer by this transference of property, and was extending, rather than curtailing, her operations. (Applause.)

Mr HAWKINS Seconded the motion, which was agreed to.

MARRIAGE AFFINITY BILL.

Dr PATERSON gave in a verbal report from the Committee on the Marriage Affinity Bill. There had not been much room, he said, for the exercise of vigilance on the part of the Committee, the bill having been thrown out of the House of Lords by an overwhelming majority. He did not think, however, that the Committee should be discharged, since there were thousands who were as busy and as earnest as ever to obtain that measure which was of so alarming a nature, would be so destructive of Church discipline, and was so much calculated to bring the Church into collision with the civil courts. He would propose, therefore, that the Committee be re-appointed. Dr CANDLISH seconded the motion. He said they had some reason to congratulate themselves and the country on the defeat of this iniquitous measure. They were all aware that the steps which had been taken with the view of bringing about the contemplated change in the law were of the most unscrupulous description, and that there were parties of the very highest status in society who were bent on the accomplishment of the object. It appeared to him to be an intolerable thing, that when the mind of the people of this country was so clear on the subject, and when so unequivocal a proof had been given of the mind of the Legislature-it seemed quite intolerable that the country should be harassed and agitated by the discussion of this question, which threatened the existence of the domestic peace and purity of the country. (Hear, hear.) Dr Candlish then alluded to the

fact, that in the columns of the Times there regularly appeared, once or twice a week, an advertisement requesting information and assistance for what was termed the Marriage Law Reform Association, as proving the activity of its supporters.

Dr BROWN thought that means should be taken to enlighten the minds of the people generally on this subject.

Mr MONTGOMERY, Innerleithen, read an advertisement which had appeared in the Times, and issued from the Marriage Law Reform Association, informing all parties who desired to form these marriages, that they might be solemnized on the Continent in such a way as to be quite legal in this country. This, he said, was an indication of the existence of a powerful confederacy, having for its object the success of this most detestable measure.

Mr GIBSON having added some remarks in condemnation of the principle of the bill,

"The Assembly approve of the report, and reappoint the Committee, Dr Paterson, Convener; and while they rejoice to know that the measure brought into the House of Lords during the present session of Parliament was defeated by a large majority, and give thanks for this result to Him who has the hearts of all men at his disposal, instruct the Committee to watch over this matter with the utmost vigilance; and in the event of cir cumstances demanding it, to bring the subject before the Commission at any of its stated diets, or at a meeting to be called in hunc effectum. And further, the Assembly enjoin all inferior Church Courts and ministers of congregations to have their attention directed to this subject, and in the event of any renewed attempt at legislation, to petition against it.”

SANCTIONING CHARGES, &c.

The Assembly then called for the Report of the Committee on Sanctioning Charges, and on cases relative to Students, remitted to them, which was given in and read by Dr Buchanan. The Assembly approved of the report, and resolved accordingly.

EDUCATION SCHEME.

The Assembly then called for the Report of the Education Committee,* which was read by Dr Candlish.

Dr CANDLISH, after concluding the report, said he had now a few observations to make, which the Assembly would have the goodness to regard as not so much coming from him as Convener of the Education Committee, as in his character as a member of Assembly. In connection with the report, there were two classes of overtures now lying on the table. One class appeared to call for the re-transmission of the constitution of schools, as having been approved of by a majority of the Presbyteries of the Church. He thought, however, there were good reasons which warranted the conclusion to which the Committee had come, that it was not expedient to stereotype their constitution just now, and that it was desirable rather to go on as they had been doing, and to have a little more time for experimenting on some of the more difficult points embraced in the constitution. Another class of overtures had reference to a subject which he humbly thought the General Assembly would deem it inexpedient to discuss during its present meeting, and especially at this late period of it. They had reference to the quæstio vexata, the difficult question of a right national system of education. He believed there was no difference of opinion in this Assembly or

*This Report will be found in the Appendix.

in the Church as to the lawfulness or desirableness of a national system of education, if it could be got; but it was well known there was a considerable variety of opinion in this house, and he believed, a considerable variety of opinion in the Church at large, not as to what would be the best and most desirable system of national education, but as to what was the system of national education in which they could acquiesce. There was no difference of opinion on the general point that it was the right and duty of the State to educate the people; but there was a variety of opinion in this house and in the Church as to the nature of the scheme of national education in which this Church might acquiesce. In the year 1847 certain resolutions relative to this subject were passed, but to these he did not intend to refer. Last year they passed a series of resolutions on the same subject, intimating, that while they would lie open to the consideration of any scheme of national education which provided security for the religious element, they would continue vigorously to prosecute their own Education Scheme. He thought the resolutions of last Assembly placed the Church in the only position which she could safely occupy in reference to this question, namely, avowing her willingness to consider any scheme, and at the same time avowing her conviction that no plan was at present before the country which ought to interfere with the vigorous and strenuous prosecution of her own Education Scheme. (Applause.) He trusted the General Assembly would be satisfied that that being practically the position of the Church, there was really no occasion for reviving at present any doubtful question among them, and that to do so would be in the highest degree inexpedient. (Hear, hear.) No doubt individuals must reserve their liberty of action and their liberty of taking what steps they saw fit in reference to this important question, among their fellow-countrymen and their fellow-citizens (hear, hear) --and no doubt as citizens they must be allowed to consult together, if they should see cause. At the same time, he wished to express his conviction with reference to any proposal on this subject with which he had been concerned, along with others, in making, he wished to express his own conviction, and he believed it was the conviction of all who concurred with him in making that proposal, that while they were thoroughly prepared to vindicate the step they had taken, holding that they had exercised merely their right of private judgment in contributing what seemed to them to be something like an element towards the settlement of this question, none of them had ever intended, and none of them intended now, to agitate either the Church or the country on this subject. He felt, and he believed that all who concurred with him felt also, that that would not be their proper province, and that it would not be their duty to do more than exercise their right of private judgment, and place their sentiments before the Church, the community, the Government, and all concerned. Their business rather was, having thus exonerated themselves, to proceed as if there were nothing whatever upon the tapis but only the great Educational Scheme to which this Church stood pledged. (Applause.) They could not anticipate the future, they could not tell what agitations might take place on this subject within the ensuing year or two; but he would express it as his deliberate conviction, that if this Church should for a moment act upon the idea that a national system of education, for the sake of which she could surrender her own, was within reach, or likely to be within reach,-if she were to act upon that supposition for a moment, she would betray her trust, fall into a most grievous blunder, and be found guilty in the sight of God of not knowing the time of her visitation. (Applause.) He firmly believed they were not in such circumstances as would warrant their acting on such a supposition. He

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