Ruminations |
tressed , and defenseless female , I shall so far brake over the authority of your vote , and all your rules of order , in conducting the present business , as , a fellow creature , to call upon you , as in the presence of the all-seeing eye of Good , that is upon us , to exercise a degree of the clemency , indulgence , and compassion towards that agonizing woman , which you yourselves will one day stand in need of , from your Heavenly father and judge ; if not sooner , at least in the hour of death , and the day of judgment . She now falls upon you in the most expressive and distressing language of tears for pity and compassion .
“ I must beg you to consider the nature of the charge you brought against her ; and that it is merely a difference of sentiment between you , which in a rational and candid view you cannot think criminal in her ; and should you condemn her for that , remember , that should your final judge thus deal harshly with you , no two of you would probably be so perfectly agreed in sentiment , that you could rational pronounce yourselves upon that score , were you instantly to be called into his immediate presence , that you find a cordial reception .”
Judge Hall was eloquent that evening , and during the course of his remarks many members of the congregation broke down in tears . The judge himself appeared more emotional than many had ever known him to be . But he was not persuasive enough . Three weeks later the church voted to “ withdraw their watch ” from Mrs . Holton . 32
After her husband died , Bethiah Holton married John White and they were parents of Pliny Holton White , who grew up to become a lawyer , newspaper editor , state representative , abolitionist , President of the Vermont Historical Society , an important Vermont historian and , surprisingly , a Congregational minister . Lot Hall ’ s grandson was Benjamin H . Hall , who wrote the History of Eastern Vermont , published in 1858 , which includes the story of Azariah Wright and Rev . Bullen , and a reference to the Holton trial and his grandfather ’ s advocacy on behalf of Bethiah .
Alexander Bullions
The sanction of excommunication was applied to ministers , as well as to church members whose actions disqualified them from full participation in the ceremonies of the church . Ministers were often excommunicated at the same time as they were removed . The removal , voted by the congregation , was called dismission . Sometimes the parting was mutual or at the request of the pastor ; at others , it was adversarial and distracting for the congregation as well as the minister .
Ryegate and Barnet were settled by Presbyterian Scottish immigrants , and the
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settlers , who emigrated to Vermont and purchased most of the town as a land company through agents sent from Scotland , remained a cohesive community for many years . The settlers were so attached to their church that they brought their minister with them when they began their lives in the new world . The church was established in 1790 , and continued until 1837 in harmony .
The Associate Church had settled Alexander Bullions as their minister in 1830 . The church was a member of the Cambridge Presbytery , which made all the principal decisions affecting the church and the ministry . Unlike Congregational churches , the congregation ceded its authority to the presbytery .
Seven years later , four ministers who had participated in another ecclesiastical trial accused Rev . Bullions of slandering them . They joined others to have Bullions dismissed from the church and excommunicated . They also participated in the removal decision of the presbytery , which gave rise to questions of conflict of interest , and the effectiveness of the vote , as the meeting was evenly split . As with the case of the Rupert Fornicator , the order started with censure and an invitation for Bullions to recant his words , which he refused , followed by a vote of the presbytery . Vermont had two representatives on the tribunal . One was Bullions ’ brother-in-law , the other his son-in-law , and because of this they were not allowed to participate in the hearing . The presbytery took away Bullions ’ power to preach or continue as a member of the church .
The local church then split in two congregations , one remaining part of the presbytery , and the other forming its own more localized version . The latter group restored Dr . Bullions to the church and the pulpit . Then money made the situation worse . A man died and left a large sum to the church , but which church , given the schism ? On appeal to the Vermont Supreme Court , the money was awarded to the congregation that remained loyal to the presbytery . Chief Judge Charles K . Williams wrote the opinion for the court , and expressed his discomfort with attempting to apply constitutional protections to a private organization , particularly when it is a church . He wrote , “ in a court of justice , sworn to administer justice according to law , I cannot recognize any constitution , laws , ordinances , or sentences of any ecclesiastical tribunal , or of any voluntary society , as having any efficacy or power over the civil rights , immunities , or contracts of individuals .” It is impossible “ for a court of law to endeavor to fix any standard , by which to determine and regulate the duty of obedience to the proceedings of any voluntary associations , whether for civil or ecclesiastical
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purposes , and how unsafe and improper it would be , to consider any church as vacant , and the relation of minister and church , or congregation , dissolved , against the consent of both , by the sentence , or decree , of an ecclesiastical court , to which , at the most , only a voluntary obedience can be required .”
Judge Williams confirmed that the legacy belonged to the original church , not the upstart . The court was reluctant to resolve the conflict over Dr . Bullions ’ status . “[ T ] hough that decision may not accord with our views , yet it is not expedient , that we should examine the grounds , on which he proceeded , with critical nicety .” The vote to remove him , however — with its conflicts and expressed prejudices--was flawed , and “ such a departure from judicial propriety . . . must render their acts invalid .” 33 Rev . Bullions remained a minister and a member of the church , the dismission and the excommunication void as a matter of civil law .
The Instinct to Due Process
Most excommunications occurred without the interposition of civil or judicial officials , although these examples show some backsliding on that score . They remind us that there is a natural relationship between the way the civil and criminal law and the constitution set standards and dispense justice and the way other strata of social life proceeded when they had to act in a quasi-judicial capacity . The principles are engrained , and insist on regulating behaviors even when they are a matter of private association or church life . There should be notice . There should be an opportunity to face your accusers and hear the charges against you , and you should be given a chance to explain . One person , even one congregation ( a type of jury ), should not have the final word ; there should always be some neutral and impartial body to hear an appeal of such decision . Excommunication , to the faithful , is religious death , and serious enough to require the greatest care . ____________________ Paul S . Gillies , Esq ., is a partner in the Montpelier firm of Tarrant , Gillies & Richardson and is a regular contributor to the Vermont Bar Journal . A collection of his columns has been published under the title of Uncommon Law , Ancient Roads , and Other Ruminations on Vermont Legal History by the Vermont Historical Society . ____________________
1
“ An Act against inimical Conduct ,” November 3 , 1780 , Laws of Vermont 1777-1780 , ed . Allen Soule , State Papers of Vermont XII ( Montpelier , Vt .: Secretary of State , 1964 ), 211-2 ; “ An Act for the purpose of removing disaffected persons from the frontiers of this state ” October 13 , 1780 , id ., 196-197 .
2
Vermont Constitution ( 1777 ), Chapter II , Sec-
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