| Sidney Rigdon presides over a meeting of the Kirtland High Council at which Frederick G. Williams, David Whitmer, Parley P. Pratt (h), Lyman E. Johnson, and Warren Parrish are
accused of conduct "injurious to the Church of God" §. Warren objects charges have been changed §. Frederick and David object that presidents can only be tried by a bishop's court ("common council") §. Rigdon rules they can try Williams but the council
overrules him §. Pratt objects he cannot be tried by Rigdon or Joseph Smith, their having already expressed pre-judgements §. Sidney and Oliver recuse themselves. Frederick recuses himself from trying the others
because he is also named as a defendant §. The meeting breaks up
in confusion. |
|
| Date |
|
May 29, 1837, 10 a.m. |
|
Kirtland Council
Kirtland Council Minutes (December 1832-November 1837). Selected Collections, 1:19. Original, Church Archives, MS 3432.
,
226–230.
|
| Location |
|
…in the Lord's House
in Kirtland … |
|
|
| Description |
|
… a High Council
… |
|
|
| Presiding |
|
S. Rigdon presiding |
|
The First Presidency constitutes the presidency of the Kirtland High Council (but not the high council in Missouri).
Marcellus F. Cowdery (Oct. 17, 1788–Feb. 23 1851) is the son of Oliver's brother, Warren A. amd Patience Simmonds Cowdery. |
| Clerk |
|
M[arcellus]
F
Cowdery |
|
| High
council |
|
John Smith
Jared Carter
Noah Packard
Joseph Kingsbury
Joseph Coe
Gideon Carter |
John
Johnson
John P. Greene
Oliver Granger
Samuel H. Smith
Martin Harris
William Woodstock |
|
| Complainants |
|
Sidney reads "the
declaration of the complainants" addressed to the Presidency of the
Church of the Latter Day Saints by Able Lamb, Nathan Haskins, Harlow Redfield,
Artemas Millet, and Isaac Rogers. |
|
|
| Complaint |
¶ |
We the undersigned feeling ourselves aggrieved with the conduct of Presidents
David Whitmer and F
G Williams and also with Elders Lyman
Johnson and Parley P Pratt and Warren
Parrish, believing that
their course for some time past has been injurious to the Church of God
in which they are high officers. We therefore desire that the high council
should be assembled and we should have [227] an investigation of their
behavior, believing it to be unworthy of their high calling All of which
we respectfully submit. Kirtland May 1837
|
|
|
| Warren
objects |
¶ |
Eld.W Parrish then stated
that the declaration just read was not in accordance
with the copy of which they received of the charge preferred against them. |
|
|
| Difficult
case |
|
Council resolves to have
3 speak on each side. |
|
|
| Open |
|
Prayer by Sidney Rigdon. |
|
|
|
|
Sidney addresses the
counselors briefly. |
|
|
| Frederick
objects |
¶ |
President
F G Williams then arose and wished to know by what authority he was
called before the present council, saying that according to the Book
of Covenants he ought to be tried befor[e] the Bishop's Court. |
|
Wilford Woodruff, who attended the meeting, wrote, "It was considered not {lawful to} try {the president} before the high Council but before the Bishop. the Presidents withdrew. The council closed without transacting business."
WWJ
Wilford Woodruff's Journal, 9 vols., compiled by Scott G. Kenney (Midvale: Signature Books, 1981-1984).
1:148 (May 29, 1837). |
| Sidney
overrules |
¶ |
After some discussion
between President Rigdon and President Williams, Prest. Rigdon gave his
decision that, Prest. Williams should be tried before the present council. |
|
Rigdon may have dropped the case against David Whitmer because the Kirtland council had no jurisdiction over a president of the church in Missouri. |
| David
objects |
¶ |
President D
Whitmer also objected to being tried by the present council. |
|
| Frederick
submits |
|
[228] Prest. Williams
then expressed willingness to be tried for his conduct and if this was
the proper tribunal he would be tried before it, but Still thought it was
not. |
|
| David
cites D&C |
¶ |
Prest.
D Whitmer then made Some remarks, ob[j]ected to being tried before the
present council stating that he thought the instructions on the [blank]
page of the Book of Covenants showed that this was not the proper authority
to try him. |
|
¶ D&C
107:72–84 |
| Counselor
agrees |
|
John P.
Greene "made some remarks, giving it as his opinion that the present
council was not the proper authority to try Presidents Williams and Whitmer." |
|
|
| Question
to the council |
¶ |
President Rigdon then
submitted the case to the Counsellors. |
|
| |
|
Counselor John Smith then put the
question to the council for a decision in substance as follows—"Have
the present Council authority from the Book of Covenants to try Presidents
Williams and Whitmer." |
|
John Smith is the senior member of the high council. |
| Council
not proper authority |
¶ |
A majority of the council decided that they could not conscienciously
proceed to try Presidents Williams & Whitmer, and they were accordingly
discharged.
|
|
This rejection of a presiding officer's decision is extraordinary. |
| Intermission |
|
Council adjourns for
an hour. |
|
| |
|
|
|
| Second
session |
|
Resume at 1:00 with Sidney
Rigdon and Oliver presiding. |
|
|
| New
counselors |
|
John
Smith submits the
names of three men to fill vacancies in the council, and the council "decided
in the affirmative." |
|
|
| Seating |
¶ |
On motion of Eld. Parrish moves
that the Council was d[one]sellors be directed to Sit
as they were originally chosen, or according to the form in the Book of
Covenants as far as possible |
|
|
| Speakers |
|
Three counselors
to speak on each side. |
|
|
| Frederick's
position |
¶ |
Counsellor
Martin Harris then motioned
that Prest. F G Williams take a seat with the presidents. |
|
|
|
¶ |
After much discussion
as to the propriety of his sitting—the motion carried and President
Williams took his seat with [blank, probably intended for the names of the other presidents to be filled in later]. |
|
|
| Parley
objects to Joseph and Sidney |
¶ |
Eld. P. P. Pratt then arose and objected to being tried by the President Rigdon or
Joseph Smith Jr in
consequence of their having previously expressed their opinion against
him, Stating also that he could bring evidence to prove what he then said |
|
The same argument will be made in the trial of W.
W. Phelps and John Whitmer in 1838. ¶ Minutes of March 10, 1838 |
| Sidney
withdraws |
¶ |
President Rigdon then
stated that [230] that [sic] he had previously expressed his mind respecting
the conduct of Eld. Pratt, and that he had felt and said that Eld Pratt
had done wrong and he still thought so, and left it with the council to
decide whether under such circumstances he Should proceed to try the case. |
|
|
| |
¶ |
After much discussion
between the counsellors and parties, President Rigdon brought the matter
to a close by saying that under the present circumstances he could not
conscienciously proceed to try the case and after a few remarks left the
stand— |
|
|
| Oliver
withdraws |
¶ |
President O Cowdery
then arose and said, that altough he might not be called on to preside,
yet if he Should be, he should also be unfit to judge in the case, as he
had previously expressed his opinion respecting the conduct of Eld Pratt
and others—and left the stand |
|
|
| Frederick
withdraws |
¶ |
President Williams then
arose and Said that as
he had been implicated with the accused he shshould be unwilling
to sit preside in the case—and left the stand. |
|
|
|
¶ |
The council and assembly
then dispersed in confusion— |
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Minutes of June 11, 1837
Minutes of May 28, 1837 (Kirtland)
Minutes of May 28, 1837 (Far West)
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