Minutes of March 10, 1838
The Far West high council and congregation excommunicate W. W. Phelps and John Whitmer for profiteering in Far West land sales and failing to make the $2,000 subscription they had pledged for the House of the Lord. They are delivered over to the buffetings of Satan "until they learn to blaspheme no more against the authorities of God, nor fleece the flock of Christ."
Also, provisions are made for certificates of standing and ordination recommends. Priesthood holders not fully engaged in church work are eligible for militia duty.
Date   March 10, 1838   FWR, 145–149.
Location   Far West    
Presidents   Thomas B. Marsh (h) and David W. Patten (h)  

 
Clerk   Ebenezer Robinson    
Council members   1
3
5
7
9
11		 Simeon Carter
Isaac Higbee
Levi Jackman
George Morey
G. M. Hinkle
Elias Higbee		 2
4
6
8
10
12		 Jared Carter
Thomas Grover
Samuel Bent
Newel Knight
George W. Harris
John Murdock		   Numbers are drawn by lot to determine speakers in difficult cases.

In November 1831 a revelation on church administration declares that presidents of the High Priesthood (which both defendants are) can only be tried by a "common council,"consisting of the bishop (there was only one at the time) and "twelve Counselors of the High Priesthood (not necessarily a high council—they were not organized until 1834). D&C 107:82–83,

This might account for Jared Carter's presence on the council. He held the High Priesthood, and had been a member of the Kirtland high council, but did not become a permanent member of the Far West high council until April. Minutes of April 7, 1838  

Apparently Jared was sitting as a substitute member of the Far West high council, not as a member of a common council—no bishop is participating as a judge.    
Open   Thomas Grover sings and prays.  
Duty of elders   President Marsh reads from the Doctrine and Covenants about the duty of elders in holding conferences, and comments on the same.  
Resolutions   After instructions from Presidents Marsh (h) and Patten (h), the high council resolves to recommend:  
    1 That branches not receive new arrivals who do not present a certificate of standing.  
    2 That branches prepare recommends for those wishing to receive ordination, and pass the recommends "through the hands of the different quorums for inspection" before the ordinations take place.  
    3 That license holders between the age of 18–45 "and do not officiate in their respective offices, be subject to military duty."   Missouri law excused licensed ministers from military duty. This resolution provided that men who were "not actively employed in the ministry" be eligible for mlitia service. HC 3:6.  
    4 That George W. Harris be ordained a high priest.
Intermission   Adourn to 2:00 p.m.
Reconvene   Open by singing and prayer.    
W. W. Phelps charged with unchristian-like conduct   George W. Hinkle charges W. W. Phelps and John Whitmer are charged with "persisting in unchristian-like conduct."    
Speakers   Being considered a difficult case, six counselors are appointed to speak:    
    For the plaintiff: Simeon Carter, Isaac Higbee, Levi Jackman.    
    For the defendant: Jared Carter, Thomas Grover, Samuel Bent.    
Letter to Thomas B. Marsh   Marcellus Cowdery reads letter written to Thomas B. Marsh (h) on March 10, 1838 from David Whitmer, W. W. Phelps, and John Whitmer:    
Presidents claim hearing is illegal and contrary to the revelations  

Sir: It is contrary to the principles of the revelations of Jesus Christ, and of his gospel, and the laws of the land to try a person for an offence, by an illegal tribunal, or by men prejudiced against him or by authority that has given an opinion, or decision before hand or in his absence.

    
        Very Respectfully    
        we have the honor to be    
        David Whitmer,
W. W. Phelps, and
John Whitmer:
Presidents of the Church of Christ in Mo.		   Notice that the current name of the church (Church of the Latter Day Saints) is not used, probably intentionally. (David was unhappy with many post-1830 developments).
    To T. B. Marsh        
    one of the travelling Councellors.      
   

 

    
   

Attest: Oliver Cowdery,

    
   

Clerk of the High council of the Church of Christ in Mo.

    
   

I certify the foregoing to be a true copy from the original.

    
   

Oliver Cowdery, Clerk of High Council."

    
   

All the effect the above letter had upon the Council, was to convince them, still more, of the wickedness of these men, by endeavoring to palm themselves upon the Church as her Presidents, after the Church had by a united voice, removed them from their presidential office, for their ungodly conduct. and the letter was considered no more, nor less, than a direct insult, or contempt, cast upon the authorities of God, and the Church of Jesus Christ, therefore, the Council proceeded to buisness

    
    Witnesses    
John Whitmer uses his authority for personal gain   Albert Perry: loaned money to W. W. Phelps and John Whitmer, telling them he would want it soon to buy some land. Later he approached John, who told him all he could buy was the timber on the land, "as it was on the commons; but shortly after this entered the land himself"    
John's liberal interpretation of the Word of Wisdom   Br [Lyman] Newberry: regarding the Word of Wisdom, John Whitmer told him "that a man could drink liquor once in a while, but not make a free use of it &c."    
W. W. Phelps tries to profit from position   Bro. Leonard: en route to Lexington last fall with W. W. Phelps, William "remarked that if he (Leonard) wanted to be a man of God in full he must by land of him"    
John and William on lots, return of $2,000 donation for house of the Lord   Edward Partridge: asked "those brethren to come in and settle—to which they complied the second invitation, when Br. Phelps said the Bishop should not complain of his not living to his covenant, therefore, endorsed on the mortgage, fifty dollars for his lot: but John Whitmer thought the lots which had been appropriated for the benefit of certain individuals ought to be granted &c. also, that if the house of the Lord was not built, the $2,000 which they had subscribed ought to come to them and they seemed to claim it on the ground that others withdrew their subscriptions. The above sums are the avails of the profits of the Town Plot."
   John Whitmer, William W. Phelps, Edward Partridge, Isaac Morley, and John Corrill were authorized to sell the town plot of Far West for the church at the Minutes of May 1837.
Fry money, Poor Bleeding Zion funds, $2,000   The bishop understood that the land purchased with the [William?] Fry money was to be transferred to him rather than the land that was purchased (after expenses) with funds raised for the "Poor Bleeding Zion" campaign in the South; "and that 2,000 dollars be applied to the purpose of building a house of the Lord out of the avails of this land."    
John and William's fees   The charged the bishop over $600 for their work for the church in addition to the purchase price.    
$2,000 subscription   W. Snow: heard John and William tell the council that the $2,000 they had subscribed for the house of the Lord "depended upon the profits of the Plot," and one of them "said it was as easy for the Church to pay it out of the profits as for them"    
Summary of the subscription and town plot problem  

A number of charges were sustained against those men; the principal of which, was, for claiming $2,000 Church funds which they had subscribed for the building an house to the Lord in this place, when they held in their possession the City Plot, and were sitting in the Presidential chair, which subscription they were intending to pay from the avails of the town lots; but when the town plot was transfered into the hands of the Bishop, for the benefit of the Church, it was agreed that the church should take this subscription from off the hands of W. W. Phelps & John Whitmer, but in the transactions of the business they bound the Bishop in a heavy mortgage, to pay them the above $2,000 in two years from the date thereof; a part of which they have already received, & claim the remainder.

    
Unanimous   The six counselors speak, "none of whom felt to plead for mercy, as it had not been asked on the part of the accused, but all, with one consent, declared that justice ought to have his demands."    
$2,000 claim unjustified   Presidents Marsh and Patten comment on "the iniquity of those men" in claiming the $2,000 which did not belong to them.    
No longer members

Buffetings of Satan

Blaspheme against authorities		   [Decision:] … that W. W. Phelps and John Whitmer be no longer members of the church of Christ of Latter Day Saints, & be given over to the buffetings of Satan, until they learn to blaspheme no more against the authorities of God, nor fleece the flock of Christ.   term: buffetings of Satan
Council and congregation vote unanimous   The council all stands to manifest their concurrence. "The vote was then put to the congregation which was carried unanimous; the negative was then called but no one voted."    
Charge that hearing illegal   Marcellus Cowdery rises and states "he did not vote either way, because he did not consider it a legal tribunal; he also offered insult to the Hough Council & to the Church by reading a letter belonging to Thomas B. Marsh (h) before giving it to him, & in speaking against the authorities of the Church."    
Fellowship withdrawn   David W. Patten (h) moves that fellowship be withdrawn from Marcellus. Seconded and carried unanimously.    
        Minutes
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