Minutes of April 12, 1838 |
Olivery Cowdery excommuicated by the First Presidency, and the high council and bishopric of Zion in Far West. As an assistant president of the High Priesthood, Oliver is entitled to a hearing by "the common council of the church, who shall be assisted by twelve counselors of the High Priesthood" (D&C 107:82). | ||||
Nine charges are brought against Oliver Cowdery . Six are sustained: urging vexatious lawsuits, insinuating adultery against the Prophet, not attending meeting, leaving his calling and turning to the practice of law, dishonestly retaining paid notes, disgracing the Church by being connected in the 'Bogus' [counterfeit] business. | ||||
Oliver is "considered no longer a member of the Church of Jesus Christ of Latter Day Saints." | ||||
Date | April 12, 1838 | Far West Record, 162169. | ||
Location | Far West | Bishop Partridge's counselor, John Corrill, presents testimony (below); but counselor Isaac Morley is not mentioned. | ||
Description | The High Council and Bishoprick of Zion, met according to appointment | |||
Presiding | Bishop Edward Partridge | |||
Clerk | Ebenezer Robinson | |||
High council | The high council is organized
in the following order: |
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Samuel H. Smith, Jared Carter, Thomas Grover, Isaac Higbee, Levi Jackman, Solomon Hancock, George Morey, Newel Knight, George M. Hinkle, George W. Harris, Elias Higbee, John Murdock. | Membership in the high council changed frequently. On March 24 the council decided those who could not attend should resign and let others replace them. Far West Record, 157. | |||
Elect John Murdock to be president. | ||||
Charges | Edward Partridge gives the opening prayer, opening remarks, and reads the charges: | Charges were submitted in April. Minutes of April 7, 1838 | ||
Stirring up the enemy with lawsuits |
1st, For stirring up the enemy to persecute the brethren by urging on vexatious lawsuits and thus distressing the inocent. |
Oliver had continued with his suits against members stemming from the failure of the Kirtland Safety Society, contrary to the moratorium the Church had declared. | ||
Insinuating Joseph committed adultery |
2nd, For seeking to destroy{ing} the character of President Joseph Smith jr by falsly insinuating that he was guilty of adultry &c. |
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Not attending meetings |
3rd For treating the Church with contempt by not attending meetings. |
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Refusing to be controlled in temporal affairs |
4th For virtually denying the faith by declaring that he would not be governed by any ecclesiastical authority nor Revelation whatever in his temporal affairs. |
This charge was dropped. | ||
Selling his lands |
5th For selling his lands in Jackson County contrary to the Revelations. |
This charge was dropped. | ||
Insulting President Marsh and high council |
6th For writing and sending an insulting letter to President T. B. Marsh while on the High Council, attending to the duties of his office, as President of the Council and by insulting the whole Council with the contents of said letter. |
This charge was withdrawn. | ||
Abandoning his calling |
7th, For leaving the calling, in which God had appointed him, by Revelation, for the sake of filthy lucre, and turning to the practice of Law. |
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Joining the "bogus" business |
8th, For disgracing the Church by {Lieing} being connected in the 'Bogus' buisness as common report says. |
bogus business: counterfeiting | ||
Retaining
paid notes Forsaking the cause of God |
9th For dishonestly Retaining notes after they had been paid and finally for leaving or forsaking the cause of God, and betaking himself to the beggerly elements of the world and neglecting his high and Holy Calling contrary to his profession. |
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Oliver's written response |
Bishop Partridge then read a letter from Oliver, dated that day. Oliver had hoped to talk things over with Joseph before the charges were brought before the council, but this not being the case, he responds to the 5th charge, acknowledging he sold his lands in Jackson. He believes most of the council have already made up their minds that this warrants disfellowshipment and has no reason they would change their minds. |
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That is his right | He believes that in the United States landowners may dispose of their land freely, "without the consent or even approbation of a superior." | |||
Believes in the right of personal security, personal liberty, and private property. | He believes the council has already made up its mind regarding charge 4, but recalls his words were, "I will not be influenced governed, or controlled, in my temporal interests by any ecclesiastical authority or pretended revelation whatever, contrary to my own judgment." He is still of that opinion: | |||
The right of personal security, the right of personal liberty, and the right of private property are so interwoven in my nature, have so long been inculcated into my mind by a liberal and intelligent ancestry, that I am wholly unwilling to exchange them for any thing less liberal, less benevolent, or less free. | ||||
He regards the charges brought against him are: | ||||
Ecclesiastical government cannot override consitutional guarantees of property rights |
an attempt to set up a kind of petty government, controlled and dictated by ecclesiastical influence, in the midst of this National and State Government. You will, no doubt say this is not correct; but the bare notice of those over which you assume a right to decide, is, in my opinion, a direct attempt to make the secular power subservient to Church dictationto the correctness of which I cannot in conscience subscribe |
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This attempt to controll me in my temporal interests, I conceive to be a disposition to take from me a portion of my Constitutional privileges and inherent rights. I only, respectfully, ask leave, therefore to withdraw from a society assuming they have such right. |
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So far as relates to the other seven charges, I shall lay them carefully away, and take such a course with regard to them, as I may feel bound by my honor, to answer to my rising posterity. |
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Testimony | Testimony was then taken of several brethren: | |||
John Corrill: Oliver had me arrested for debt | John Corrill: last fall Marcellus Cowdery, Oliver's brother, asked Corrill to pay some of Joseph's debts, but he declined. A writ was served on him, which he believes was through Oliver's influence. Also, Oliver said to him, "the law is my theme." | Corrill (17941843), carriage builder; second counselor to Bishop Edward Partridge; presided over branch 4 in Independence. | ||
John Anderson: suits increased after Oliver arrived | John Anderson: believes that Oliver "had been influential in causing lawsuits in this place, as a number more lawsuits have taken place since he came here than before." | Anderson (b. ca. 1796), RLDS representative to Salt Lake City in 1869. | ||
Dimick B. Huntington: Oliver encouraged prosecutions | Dimick B. Huntington: one day after Oliver had been appointed attorney for the city, he and Oliver crossed each other on the street. Oliver said: | Huntington (18081879), Far West constable | ||
that he smelt a skunk (an enemy &c) and if he knew who it was he would put the screws to him, and if he heard any guns fired in town to put the screws (i.e., the law) to him who done it) and also went on to urge lawsuits as even to issue a writ on the Sabbath day also, that he heard him say that he intended to form a partnership with Donaphon who is a man of the world and a wicked man. |
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George M. Hinkle: Oliver sued people for debts | George M. Hinkle: Oliver "wanted to become a secret partner in the store" so he could act as an attorney and collect debts. He did a great deal of work for them but "finally they got sick of him and got rid of him," but he persisted in soliciting for business in collecting debts. | Hinkle (18011861), storekeeper, high council, commander Far West militia; accused of turning Joseph and other leaders over to General Lucas on October 31, 1838; testified against them in Richmond. | ||
George W. Harris: Oliver insinuated Joseph committed adultery | George W. Harris: last fall Oliver, Joseph, and Thomas Marsh were in his house, and Oliver "seemed to insinuate that Joseph Smith jr was guilty of adultery." But when Oliver was asked if Joseph had ever admitted he was guilty, Oliver said no. Also believes Oliver institututed many law suits lately. | Harris (1780-1857), married to Lucinda Pendleton Morgan, widow of Masonic martyr William Morgan; baptized by Orson Pratt, 1834; Far West high council; Nauvoo alderman; Council Bluffs high council; died in Council Bluffs. | ||
David W. Patten: adultery | David W. Patten (h): when Oliver asked him if it was true that Joseph committed adultery with a certain girl, he provided some details about the incident and said "that no doubt it was true. Also said that Joseph told him, he had confessed to Emma. Also that he has used his influence to urge on lawsuits." | |||
Thomas B. Marsh: adultery | Thomas B. Marsh (h): last summer in Kirtland David W. Patten asked Oliver if Joseph had confessed to Emma he had committed adultery with a certain girl. Oliver "cocked up his eye very knowingly and "hesitated to answer the question yet conveyed the idea that it was true." | |||
Then, in Far West last fall, Thomas heard Joseph ask Oliver | ||||
if he had ever confessed to him that he was guilty of adultery, when after a considerable winking &c. he said No. He then asked him if [167] he ever told him that he confessed to any body, when he answered No. |
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Joseph: told Oliver many things, explains girl business | Joseph Smith: Oliver had been a bosom friend and he had trusted him with "many things." He then explained "the girl buisness" and went on to say that Oliver had taken him aside and said: | "The girl" is Fanny Alger (b. September 20, 1816). Cf. "Mormonism's First Plural Wife?" in Sacred Lonliness, 2542. | ||
Oliver
intent on getting property Took press without returning notes |
that he had come to the conclusion to get property and if he could not get it one way he would another, God or no God, Devil or no Devil, property he must have, and since that he has dealt dishonest with him, that he has taken a printing press and type from Kirtland, for which he was to give up some notes which he had against Joseph Smith jr and Sidney Rigdon, which he did not do, nor had to this day. |
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Sidney: Joseph and I gave Oliver notes for his share in the printing office, traded for press and type | After a one-hour adjournment, the council reconvenes and hears Sidney testify that in January 1837 he and Joseph agreed to buy Oliver's share in the Kirtland printing office and gave him notes for it. In the spring of 1837 they agreed to let him have a press and some of the type "on conditions that he should give up the notes." | |||
Oliver didn't return notes, cleaned out the office | But Oliver did not return Joseph's and Oliver's notes, and "completely stripped the office," leaving hardly enough to print one issue of the Elders' Journal, where there had been enough to print several books. | |||
Frederick G. Williams: Davis can counterfeit money | Frederick G. Williams: Oliver told him a member named Davis could make metal currency dies so fine that the counterfeit could not be detected. Then three men came to him (Williams) for a writ to arrest John Boynton, Warren Parrish, and Burton H. Phelps for passing bogus money. "Also that it was reported that Oliver was engaged in the Bogus money buisness. Also he [Cowdery] did not disapprove of the principle of Davis' making the dies and money." | Williams
(1787-1842), physician; Kirtland convert, November 1830; mission to the
Lamanites with Oliver Cowdery, Parley Pratt, and others, 18301831;
Joseph Smith clerk, 1832; Kirtland justice of the peace; Second Counselor,
18331837; Zion's Camp, 1834; dropped from First Presidency, 1837;
excommunicated, 1839; rejoined, 1840; died at Quincy. Davis: co-conspirator in Joseph's ¶ alleged murder plot against Newell Grandison in Kirtland. |
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Joseph Smith: told Oliver to leave if involved in counterfeit money, he did | Joseph Smith: when Mr. Sapham, a non-Mormon, told him that Oliver was about to be arrested for counterfeiting, he and Sidney went to see him. They told him to "leave the country" if he was guilty or stand trial if innocent. Oliver denied involvement but then fled that night or the next. Sidney Rigdon endorses the Prophet's statement. | |||
John Corrill: hasn't attended meetings | John Corrill: Oliver has "neglected attending meeting." George W. Harris concurs. | |||
Jared Carter for defense, Samuel H. Smith for the church. | By arrangement, Jared Carter speaks on Oliver's behalf, Samuel H. Smith for the church. | Carter
(18011849), shoemaker; eastern states mission, 18311833; Upper
Canada, 1834; tried for "rebelling against the advice and counsel"
of First Presidency and "erring in judgment," 1835, repents; charter
member, Kirtland Safety Society; Kirtland high council, 1837; Far West high
council, 1838; accused of being in league with George W. Robinson, Sidney
Rigdon, and John C. Bennett, 1843; disaffected; disfellowshipped, 1844;
confesses, promises to return, 1844. |
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Rejected charges | Court rejects charges 4 and 5 (denying the faith by refusing to be governed in temporal affairs; selling his lands in Jackson county). Charge 6 (insulting letter to the high council) withdrawn. | |||
Sustained charges | Bishop and high council sustain charges 13 (urging vexatious lawsuits, insinuating adultery, not attending meeting); 7 (leaving his calling and turning to the practice of law); and 9 (dishonestly retaining paid notes). Find 8 "sustained satisfactoryly by circumstantial evidence" (disgracing the Church by being connected in the 'Bogus' business). | |||
No longer a member | Oliver is "considered no longer a member of the Church of Jesus Christ of Latter Day Saints." High council sanctions the decision. Council adjourns to tomorrow morning (to try Lyman E. Johnson). | Minutes of April 13, 1838 | ||