[Book of Discipline, chap. vii., par. ii.—Comp. Digest of 1873, p. 533, 534, 596.]
The Rev. Archibald McQueen having married the sister of his deceased wife, was for that offence suspended by the Fayetteville Presbytery from the communion of the Church, and from the exercise of the office of the ministry. In 1842 this sentence was confirmed by the decision of the General Assembly. Having submitted to the sentence of suspension for about three years, he applied to be restored to the privileges of the Church and to the exercise of his ministry. The presbytery decided not to restore him. Of this decision he complained to the Assembly of 1845, and at the same time memorialized that body praying them to decree his restoration. In the Minutes of that Assembly, p. 32, is found the following record in relation to this subject. “The second order of the day was taken up, viz., the complaint and memorial of Archibald McQueen against the Presbytery of Fayetteville; and on motion, the Rev. Mr. Goldsmith was appointed to manage the case of Mr. McQueen in his absence, and agreeably to his request.
“The moderator having reminded the members that they were about to sit in a judicial capacity, the papers in the case were read in due order, and the original parties were fully heard. After which the following resolution was on motion adopted, viz.: Resolved, That the prayer of the memorialist be granted, so far as that the General Assembly recommend the presbytery of Fayetteville to reconsider their decision in the case of Rev. Archibald McQueen; and, if in their judgment it should appear conducive to the peace of the Church, and the promotion of religion in the region around them, to restore Mr. McQueen to the communion of the Church, and to the exercise of the functions of the gospel ministry, on the ground that in his case, the ends of discipline are attained, by the operation of the sentence under which Mr. McQueen has been lying for a period of three years.”
The Presbytery of Fayetteville referred the matter to the Assembly of 1846, but the reference was dismissed, by a vote for its indefinite postponement. The presbytery then proceeded to take action in the case, and restored Mr. McQueen to the communion of the Church and to the exercise of his ministry. Against this decision Rev. Colin McIver and others complained and appealed to the Synod of North Carolina. The synod sustained the action of the presbytery. Mr. McIver and others complained of this decision of the synod to the General Assembly.
The judicial committee having reported the case to be ready for hearing, it was made the order of the day for Tuesday afternoon. When that hour arrived the case was called up, and the moderator, in a very impressive address, reminded the Assembly that they were about to sit in a judicial capacity. The papers in the case were then read in part. When the decision of the synod against which the complaint was entered had been read, a motion was made to dismiss the case, on the ground that no complaint could lie; the matter having been decided by a former Assembly. This motion was after considerable debate, laid aside in order that the complaint itself and the reasons on which it was grounded, should be read.
The motion was then made to dismiss the case, by the introduction of the following preamble and resolution, viz.:
“Whereas, The Rev. Archibald McQueen prosecuted a complaint before the Assembly of 1845, against the Presbytery of Fayetteville for refusing to restore him to the exercise of the gospel ministry, and did at the same time memorialize that Assembly to decree his restoration; and whereas that Assembly did take up and judicially entertain the said complaint, and pronounced judgment in the case by authorizing and recommending the presbytery to restore the said Archibald McQueen to the gospel ministry, provided that in the judgment of the presbytery it was wise so to do, and whereas the presbytery in the exercise of the discretion thus confided to them did restore Mr. McQueen, Therefore.
“Resolved, That the complaint of the Rev. Colin McIver and others against the Synod of North Carolina for having sustained the action of the Presbytery of Fayetteville in restoring the said Archibald McQueen, in accordance with the judicial decision of the Assembly of 1845, cannot be entertained by this house, and is hereby dismissed.
“In making this disposition of the above mentioned complaint, this General Assembly wishes it to be distinctly understood, that they do not mean to retract or modify any judgment hitherto expressed by any Assembly respecting the offence for which Mr. McQueen was suspended from the exercise of the gospel ministry. They simply declare that his case cannot be regularly brought before them by this complaint.”
The above resolution was adopted, ayes 95, nays 53. This vote was not arrived at until Saturday morning at 12 o’clock, the question having been in the meantime debated at great length. The resolution was opposed by Messrs. Gazley, Woodrow, Kerr, Berry, Pryor, Junkin, Mitchell, Johnston. It was advocated by Messrs. Cunningham, Hoge, Janeway, Hamil, Hunt, Hodge.