Minutes of February 5-9, 1838

Minutes of February 5–9, 1838

The church in Missouri rejects David Whitmer, William W. Phelps, and John Whitmer as presidents of the church in Zion. Despite John Murdock's declaration that proceeding is authorized by the Prophet himself, Bishop Partridge and others express concern that it is hasty and illegal. Nonetheless, when put to a vote, all but 8 or 10 vote to reject the presidency, those voting in the negative stating that the action should be deferred until Joseph's arrival.
Date	February 5–9, 1838	FWR, 137–140.
Location	Far West on February 5; Simeon Carter's settlement [presumably February 6]; Edmund Durfee's, February 7; Nahum Curtis', February 8; Haun's Mill, February 9.
Moderator	Thomas B. Marsh (h)
Clerk	John Cleminson
Description	… a general assembly of the Church of Jesus Christ of Latter Day Saints, assembled at the following places …
Open	Prayer by Thomas B. Marsh.
Revelation: John Whitmer and W. W. Phelps in transgression	Thomas reviews the organization of the church in Missouri and Kirtland, and reads the September 4, 1837 revelation announcing that John Whitmer and W. W. Phelps were in transgression and should be removed from their positions if they did not repent.	Revelation of September 3, 1837
	Also reads from "An Appeal," published in the The Evening and the Morning Star:	"AN APPEAL," The Evening and the Morning Star, vol. 2 no. 23 (August, 1834), 183–184, was signed by the stake presidency, bishopric, and six high counselors.
Don't sell lands in Zion	And to sell our lands would amount to a denial of our faith, as that is the place where the Zion of God shall stand according to our faith and belief in the revelations of God.
Joseph authorized trial, people to have a voice	John Murdock takes the stand and shows the "why the High Council proceeded thus"—so the church could "have a voice in the matter; and that he considered it perfectly legal, according to the instructions of President Joseph Smith jr."
Charges against the three presidents	George M. Hinkle recounts how a council of three (he being one) had labored with them, then reads a list of charges "against the three Presidents."	The three are David Whitmer, W. W. Phelps, and John Whitmer.
Use of church funds, tea, coffee, tobacco	He spake many things against them, setting forth in a plain and energetic manner, the iniquity of Phelps & Whitmer, in using the moneys which were loaned for the Church. Also D. Whitmer's wrong, in persisting in the use of tea, coffee, and tobacco.
Bishop Partridge: trial is hasty and illegal	Bishop Edward Partridge then	According to D&C 107, a president of the High Priesthood can only be tried by a "common council," consisting of a bishop and twelve high counselors. ¶ D&C 107:59–100, esp. vss. 74–76, 82.
	endeavored to rectify some mistakes of minor importance made by Elder Hinkle. Also, the Bishop spake against the proceedings of the meeting, as being hasty and illegal, for he thought they ought to be had before the common council: and said, that he could not lift his hand against the presidency at present: he then read a letter from President Joseph Smith jr.
Thomas B. Marsh William Smith letter	Thomas B. Marsh reads a letter from William Smith, then comments on it and on the letter read by Bishop Partridge.
Committee members denounce presidency	Elder G. Morey, one of the committee sent to work with the presidency, sets forth "in a very energetic manner, the proceedings of the Presidency as being iniqutous."
	Elder Grover, another committee member, speaks critically of the manner in which the presidency and Olivery Cowdery behaved when they visited.
David W. Patten against presidency	David W. Patten (h) "spake with much zeal against this Presidency, and in favor of Br. Joseph Smith jr and that the wolf alluded to in his letter, was the dissenters in Kirtland."
Lyman Wight: selling land a hellish principle	Wight (h) (swh): the only really important charge is that Phelps and Whitmer have sold their property in Jackson county, for it was a bad example. "He said that it was a hellish principle, and that they had flatly denied the faith in so doing."
Elias Higbee	Elias Higbee speaks infavor of the council's proceeding against the presidency.
John Murdock	Elder Murdock: charges have been substantiated.
Solomon Hancock pleads for presidency	Solomon Hancock pleads for the presidency "stating that he could not rais his hand against them."
John Corrill: meeting illegal	John Corrill criticizes the high council, insisting that the meeting is illegal. The case should be heard by
	a proper tribunal, which he considered to be a Bishop and twelve High Priests: he labored in favor of the Presidency, and said that he should not raise his hands against them at present, although he did not uphold them in their iniquity.
Simeon Carter: meeting hasty	Simeon Carter calls the meeting hasty.
Elder Groves	Elder Groves, speaks "in like observations and of like nature."
David W. Patten	Apostle Patten defends the meeting.
Elder Morley	Elder Morley speaks against the presidency but pleads for mercy.
Titus Billings	Titus Billings says he cannot vote until the case is heard by a common council.	With Billings joining Corrill and Partridge, the bishopric is now unanimous in opposition to the high council.
Thomas B. Marsh: Joseph authorized meeting	Thomas B. Marsh says that the meeting is "according to the directions of Br Joseph" and is therefore "legal."
Moses Martin blames presidency for corruption	Moses Martin takes the stand
Moses Martin blames presidency for corruption	& with great energy spake in favor of the legality of the meeting and against the conduct of the Presidency of Zion, alleging that the present corruptions of the church here, were owing to the wickedness and mismanagement of her leaders.
Unanimous vote except a few	Moderator Thomas B. Marsh calls for a vote. The vote against the presidency is "unanimous, excepting eight or ten and this minority only wished them to continue in office a little longer, or untill Joseph Smith jr came up."
Carter settlement	The Saints of Simeon Carter's settlement gather on the 6th and unanimously reject the three presidents.
Durfee	The Saints assemble at Edmund Durfee's on the 7th, and unanimously reject the presidency.
Curtis	On the 8th the Saints reject the three at Nahum Curtis' home.
Hauns Mill	The Saints of Hauns Mill also reject them, on the 9th.
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