Minutes of May 29, 1837

Mormon History: 1830 to 1839

Minutes of May 29, 1837

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 Minute Book (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 Coun~~cil 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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