| Minutes of February 17, 1834 |
| Joseph organizes the high council of the Church of Christin Kirtland with three presidents and twelve high priests. Church court procedures. Rights of the accused and accusors. Provision for high councils that may be created by high priests abroad for difficult cases. Headquarter presidents are the ultimate authority. | |||
| Joseph
is authorized to revise the minutes §, which he does
on the day after the conference. The council approves the revised document
on the next day. Minutes of February 19, 1834
The revision becomes known as the "constitutionof the high council" (¶ Minutes of February 19, 1834) and is included as Section 5 of the 1835 D&C, currently D&C 102. |
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| Date | February 17, 1834 | KCMB contains both sets of minutes. | |
| Location | Kirtland | ||
| Description | "… a conference of High Priests … | … a general council of 24 high Priests … [see ¶ Minutes of February 19, 1834] | |
| Clerk | Orson Hyde | ||
| Original minutes | Revised minutes | ||
| The above items have been corrected according to the resolution passed in the same, and the following is the correction. | |||
| President's
church council Church's high council |
This day, Feb. 17, 1834, a conference of High Priests assembled in Kirtland at the House of bro. Joseph Smith Jun. They proceeded to organize the Presidents Church Council, consisting of twelve high priests, and this according to the law of God. |
This day a general council of 24 high Priests assembled at the house of Joseph Smith Junr. by revelation and proceeded to organize the high council of the Church of Christ, which was to consist of twelve high priests, and one, or three presidents, as the case {may} might require. This high council {is} was appointed by revelation, for the purpose of settling important difficulties which {may} might arise in the Church, which {can} could not be settled by the Church, or the bishop's council to the satisfaction of the parties | |
| Presidents | The names of those who were chosen were Joseph Smith Jun. Sidney Rigdon and F.G. Williams Presidents, | Joseph Smith Junr. Sidney Rigdon and Frederick G Williams were |
|
| Council | Joseph
Smith Seign. John Smith Joseph Coe John Johnson Martin Harris John S. Carter Jared Carter Oliver Cowdery Saml H. Smith Orson Hyde Sylvester Smith and Luke Johnson, counsellors. |
Joseph Smith Sr. John Smith Joseph Coe John Johnson Martin Harris John S. Carter Jared Carter Oliver Cowdery Samuel H. Smith Orson Hyde Sylvester Smith Luke Johnson |
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| Joseph prays | Bro. Joseph opened the Council by solem prayer. | ||
| Counselors accept appointments | The above named counsellors were then asked whether they accepted their appointment, and whether they would act in that office according to the law of Heaven: to which they all answered, that they accepted their several appointments, and would fill their offices according to the grace of God bestowed upon them. > | ||
| Vote on appointments or nominations | The numbers composeing the Council, who voted in the name, and for the church in appointing the above named counsellors, were forty three. As follows: Nine high priests, Seventeen elders, four priests, and thirteen members. > | ||
| Unanimous
consent Standing council |
He then arose and called upon the high priests, Elders, priests, teachers and deacons that were present who had not been nominated as counsellors to pass their vote whether they were satisfied with the appointments or nomination of the twelve to compose the Church Council. | ||
| Substitutes Chosen by majority |
It was the unanimous voice of all present that those who had been nominated, as above, should compose a standing council in Kirtland. | ||
| Unanimous
consent Standing council |
It was also voted that when any one or more of the standing counsellors were absent, their vacancy should be filled by any high priest whom the majority of the council should nominate or choose. | ||
| Substitutes Chosen by majority |
Voted, that {this} the high council cannot have power to act without seven of the above named counsellors, or their regularly appointed successors, are present >; these seven shall have power to appoint other high priests whom they may consider worthy and capable to act in the place of absent counsellors." | ||
| Quorum | It was also voted that when any one or more of the standing counsellors were absent, their vacancy should be filled by any high priest whom the majority of the council should nominate or choose. | Voted, that whenever any vacancy shall occur by the death, removeal from office for transgression, or or removal from the bounds of this church government of any one of the above named counsellors, it shall be filled by the nomination of the president, or presidents and sanctioned by the voice of a general {Conference} council of high Priests convened for that purpose to act in the name of the Church. | |
| Substitute members | Providing that no council shall be held unless seven of the above named counsellors are present, or their successors. < | ||
| Quorum | The above named counsellors all manifested a willingness to act according to their appointments, the Lord being their helper. < | ||
| Hyrum substitute | Bro Hyrum Smith acted in the place of John Smith. | ||
| Voting members | There were nine high priests present and acted in the appointment of the above named counsellors, also seventeen Elders, and four priests with thirteen private members. < | ||
| Ancient order (vision) | Bro Joseph then said he would show the order of councils in ancient days (See 27 & 28 pages) as shown to him by vision. | ||
| The law {and} by which to govern the Council in the Church of Christ. | |||
| Jerusalem seat of church council | Jerusalem was the seat of the Church Council in ancient days. | ||
| Peter
council president Church president council president, appointed by the Lord |
The apostle, Peter, was the president of the Council {in ancient days} and held the keys of the Kingdom of God on the earth was appointed to this office by the voice of the Savior and acknowledged in it by the voice of the Church. |
The president of the church, who is also the president of the Council, is appointed by the voice of the Saviour and acknowledged in his administration by the voice of the Church, and it is according to the dignity of his office that he should preside over the high council of the Church, | |
| Assisted by two other presidents |
He had two men appointed as Counsellors with him, and in case Peter was absent, his counsellors could transact business, or either one of them. The President could also transact business alone. |
and it is his privilege to be assisted by two other presidents, appointed after the same manner that he himself was appointed, and in case of the absences of one or both of those who are appointed to assist him, he has power to preside over the council without an assistant, and in case that he himself is absent, the other presidents have power to preside in his stead, both or either of them. | |
| Don't screen guilty | It was not the order of heaven in ancient councils to plead for and against the guilty as in our judicial courts (so called) but that every counsellor when he arose to speak, should speak precisely according to evidence and according to the teaching of the Spirit of the Lord, that no counsellor should attempt to screen the guilty when his guilt was manifest. | ||
| Half council pleads accused cause | That the person acused before the high council had a right to one half the members of the council to plead his cause, in order that his case might be fairly presented before the President that a decission might be rendered according to truth and righteousness. | ||
| Draw for speaking order |
|
Whenever a high council of the Church of Christ, is regularly organized according to the foregoing pattern, it shall be the duty of the twelve counsellors to cast lots by numbers and thereby ascertain who of the twelve shall speak first, commencing with Number One, and so in succession to numbers twelve. > | |
| Difficulty of case | If the case was not a very difficult one to investigate, | Whenever this council convenes to act upon any case, {in the church} the twelve counsellors shall consider whether it is a difficult one or not. | |
| (1–3 per side) or (2–6 per side) |
two of the Counsellors only, spoke, one {for the accused and one against} on one side and one on the other according to evidence. If the case was more difficult, according to the judgment of the Council, two were to speak on each side, and if more difficult, three might Speak on each side, and three only. |
If it is not, two only of the counsellors shall speak upon it according to the form above written; but if it is thought to be a {more} difficult {one}, four shall be appointed, and if more difficult, six: but in no case {not more than six members shall} shall more than six be appointed to speak. | |
| Rights of the accused |
|
The accused in all cases has a right to one half of the council to prevent insult or injustice; and the counsellors appointed to speak before the council, are to present the case after the evidence is examined, in its true light before the Council, and every man is to speak according to equity and justice. | |
| Speakers by lots | Those who spoke in Council were chosen by the council and that too by casting lots. Those who were thus chosen to speak, took their regular turn, in speaking. < | Those counsellors who draw even numbers, that is, 2, 4, 6, 8, 10 and 12, are the individuals who are to stand up in the behalf of the accused and prevent insult or injustice. | |
| Councils abroad send minutes to headquarters | Bro Joseph said that this organization was an ensample to the high priests in their councils abroad, and a copy of their proceedings be transmitted to the seat of the gover[n]ment of the Church to be recorded on the general record. > | ||
| Accuser and accused have right to speak after evidence is presented |
In all cases, the accuser and the accused have a perfect right to speak for themselves before the council. |
In all cases the accuser and the accused shall have a privilege of speaking for themselves before the Council, after the evidences are heard, and the Counsellors who are appointed to speak on the case, have finished their remarks. | |
| President decides, counselors sanction |
|
After the evidences are heard; the counsellors, accuser and the accused, have spoken, the president shall give a decision according to the understanding which he shall have of the case, and call upon the twelve Counsellors to sanction the same by their voices. | |
| Counselor
can call for rehearing Majority of council rule |
|
But should the remaining Counsellors who have not spoken, or any one of them, after hearing the evidence and pleadings impartially, discover an error in the decision of the president, they can manifest it, and the case shall have a re-hearing; and if after a careful rehearing, any additional light is thrown upon the case, the descision shall be altered accordingly; but in case no additional light it given, the first decision shall stand; the majority of the Council haveing power to determine the same. > | |
| President may receive revealed decision | In cases of difficulty respecting doctrine, or principle, if there is not a sufficency written to make the case clear to the mind of the Council, the president may inquire and obtain the mind of the Lord by revelation. | ||
| Councils abroad choose own temporary president | The councils abroad, have a right and it is their duty to appoint a president for the time being for themselves. | The high priests, when abroad, have power to call and organize a council after the manner of the foregoing, to settle difficulties when the parties, or either of them shall request it and the said council of high priests shall have power to appoint one of their own number to preside over such council {by appointing or chooseing one of their numbers to preside over the council} for the time being. | |
| Send decisions to church headquarters | It shall be the duty of said council to transmit, immediately, a copy of their proceedings, with a full statement of the testimony with accompanying their decision, to the high council at the seat of the government of the Church. < | ||
| Appeals to Bishop's Court, then President's Council / high council at headquarters | If in case the parties are not satisfied with the decission of the council abroad, they have a right to an appeal to the Bishops Court, and from there to the presidents Council which is an end of all strife | Should the parties, or either of them, be dissatified with the decision of said Council, they may appeal to the high Council at the seat of the general government of the church, and have a re-hearing, which case shall there be conducted according to former pattern written, as though no such descision had been passed made. | |
| Councils abroad only for most difficult cases | This council of high priests abroad, is only to be called on the most difficult cases of church matter; and no common or ordinary case is to be sufficient to call such councils. The travelling or located high priests abroad, have the power to say whether it is necessary to call such a council or not. | ||
| President decides, counselors may correct, majority rules | The remaining six counsellors who do not speak in Council, are to hear patiently the reasoning of the others and correct all errors which they may discover, and after decission is rendered by the president, if these remaining counsellors can throw any further light upon the subject, so as to correct the decission of the president, they have the liberty so to do, otherwise it stands and the majority of the council must rule. < | ||
| Vote to abide | It was then voted by all present that they desired to come under the present order of things which they all considered to be the will of God. | ||
| Many
questions Joseph to correct later |
Many questions have been asked during the time of the organization of the Council and doubtless some errors have been committed, it was, therefore, voted by all present that Bro. Joseph should make all necessary corrections by the Spirit of inspiration hereafter. < | ||
| Counselors draw | The twelve counsellors then proceeded to cast lots or ballot, to ascertain who should speak first, and the following was the result, viz: | ||
| Lots cast | Oliver Cowdery drew no. one by lot. Joseph Coe drew No 2. Samuel H Smith drew No 3. Luke Johnson drew No 4. John S Carter drew No 5. Sylvester Smith drew No 6. Oliver Cowdery, Samuel H Smith and John S Carter speak for and on the part of the accuser. Joseph Coe, Luke Johnson and Sylvester Smith, speak for and on the part of the accused. The remaining six counsellors are to sit and hear patiently and correct errors if they discover them. {The Council} John Johnson drew No 7. Orson Hyde drew No 8, Jared Carter drew No 9. Joseph Smith Seignr drew No 10, John Smith drew No 11, Martin Harris drew No 12. | John Johnson drew No 7 Orson Hyde " " 8 Jared Carter " " 9 Joseph Smith Sr. " " 10 John Smith " " 11 Martin Harris " " 12 Oliver Cowdery drew No. 1 Joseph Coe " " 2 Samuel H. Smith " " 3 Luke Johnson " " 4 John S. Carter " " 5 Sylvester Smith " " 6 |
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| Adjourn | The council adjourned then, until wednesday at 10 O clk A.M. | ||
| Church presidents to decide if decisions may be appealed | Resolved, that the president or presidents at the seat of
general church government, shall have power to determine whether any such
case as may be appealed, is justly entitled to a re-hearing after examineing
the appeal and the evidences and statements accompanying it. [This paragraph occurs after adjournment and Orson Hyde's signature as clerk, but before the next conference minutes.] |
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