4 FEBRUARY 1843, Page 9

SCOTLAND.

The Commission of the General Asembly met, according to the requisition of the Special Commission, on Tuesday ; Dr. Welsh, Mo- derator of the last Assembly, taking the chair. The object of the meeting war, to consider a petition to Parliament on the subject of the Church's Nonintrusion claims. The first point raised, how ever, was one respecting the constitution of the Commission. Dr. Cook referred to a recent decision of the Court of Session, in the Stewarton case, against.the title of the quoad sacra ministers to sit in the Church Courts ; and he moved a resolution, that, in conformity with that decision, the Commission should refuse to enrol in the sederunt the names of any such members, or to hold them as entitled to deliberate or to vote on what might come under its consideration. It was contended by Mr. Dunlop and others, that the Commission could not take cognizance of the decision ; on two grounds—first, that the Presbytery of Irvine, with whom the matter lay, did not meet till that very day ; and secondly, that the judgment was not final, as an appeal might be made to the House of Lords.

Mr. Dunlop moved, that the Commission proceed to the business of the day ; and that motion was carried, by 115 to 23, who voted for Dr. Cook's motion. Dr. Cook observed, that he could not enter any pro- test, as he did not consider it a legally-constituted Court ; but he read a "statement or representation," which was tantamount to a protest against the legal constitution of the Commission and its "title or autho- rity to act for or in the name of the Church of Scotland as by law es- tablished." Dr. Cook and the minority then left the Commission. Dr. Candlish introduced the business of the day with a speech of some length, taking a very high tone with regard to Sir James Graham's letter, which he declared to misrepresent the claims of the Church. He moved a series of resolutions, adopting and partially recapitulating the minute of the Special Commission in reply to Sir James's letter. No counter-motion was made ; but Mr. James Moncreiff, while approving generally of the motion, disapproved of the idea of immediately seceding from the Church if all their demands were not immediately complied with. He would take a Nonintrusion measure which would effectually Protect the Church against the encroachments of the Civil Courts ; and having obtained that 'vantage-ground, he would then "continue to fight the battle of the constitution." Dr. Candlish's motion was carried, with a single dissentient. A Committee was appointed to prepare a petition ; which they did. It was adopted by the Commission ; and copies of it were ordered to be sent to the Duke of Argyll and Mr. Fox Maule for presentation to the two Houses of Parliament.

A reference having been made to the Commission from the Presby- tery of Edinburgh, requesting advice as to what was the duty of the

inferior Church Courts under the decision of the Stewarton case, the Commission, at the suggestion of Dr. Candlish, directed that Presby- teries should go on transacting their ordinary business, and all matters where no difference of opinion existed ; but in cases, such as settle- ments, where there were litigating parties, to refer them to the superior Church Courts.

Mr. Fox Manle was inaugurated as Rector of Glasgow University on Thursday week.