History, 1838–1856, volume B-1 [1 September 1834–2 November 1838]

  • Source Note
  • Historical Introduction
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should be tried before the present Council.
<May 29  Minutes of  Council Continued> Prest. also objected to being tried before the present Council.
then expressed a 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. Prest. objected to being tried  before the present council. stating that he thought the instruction  in the Book of Covenants, showed that this was not the proper author ity to try him. , gave it as his opinion that the pres ent council was not the proper authority to try Presidents  and . then submitted the case to the  Counsellors. Counsellor 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   and . A Majority of the council decided  that they could not conscienciously proceed to try Presidents  and , and they were accordingly discharged.
After one hour’s adjournment, the council sat again at one o clock  P.M. and Presiding.
Counsellor stated that he had selected three high Priests to  sit in the council to fill vacancies and asked the council if they accepted  the selection he had made. Council decided in the affirmative. On  motion of the counsellors were directed to sit as they  were originally chosen, or according to the form in the Book of Doctrine  and covenants as far as possible. Resolved that three speak on each  side. Counsellor Motioned that President  take a seat with the Presidents. After much discussion, as to the pro priety of his sitting, Motion carried, and took his  seat. Elder then arose and objected to being tried by , or Joseph Smith Junr. in consequence of their having previously  expressed their opinion against him. stating also that he could bring  evidence to prove what he then said. then stated  that he had previously expressed his mind respecting the conduct of , and that he had felt and said that had done wrong  and he still though 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,  said that under the present circumstances he could not conscientious ly proceed to try the case, and after a few remarks left the stand.
President then said that although he might <not> be called upon  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 and others, and left the stand.  then arose and said that as he had been implicated with the accused  he should be unwilling to preside in the case and left the stand.
The Council and assembly then dispersed in confusion “M<arcellus> F. Cowdery, Clerk.”

May 1837

<Printing office  Transferred. to  > Some time this month the Messenger and Advocate office and contents  were transferred to , of Portage, Allegany County, N. Y.— and  Smith and continued the office, by power of Attorney from said . [p. 760]
should be tried before the present Council.
May 29 Minutes of Council Continued Prest. also objected to being tried before the present Council.
then expressed a 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. Prest. objected to being tried before the present council. stating that he thought the instruction in the Book of Covenants, showed that this was not the proper authority to try him. , gave it as his opinion that the present council was not the proper authority to try Presidents and . then submitted the case to the Counsellors. Counsellor 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 and . A Majority of the council decided that they could not conscienciously proceed to try Presidents and , and they were accordingly discharged.
After one hour’s adjournment, the council sat again at one o clock P.M. and Presiding.
Counsellor stated that he had selected three high Priests to sit in the council to fill vacancies and asked the council if they accepted the selection he had made. Council decided in the affirmative. On motion of the counsellors were directed to sit as they were originally chosen, or according to the form in the Book of Doctrine and covenants as far as possible. Resolved that three speak on each side. Counsellor Motioned that President take a seat with the Presidents. After much discussion, as to the propriety of his sitting, Motion carried, and took his seat. Elder then arose and objected to being tried by , or Joseph Smith Junr. in consequence of their having previously expressed their opinion against him. stating also that he could bring evidence to prove what he then said. then stated that he had previously expressed his mind respecting the conduct of , and that he had felt and said that had done wrong and he still though 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, said that under the present circumstances he could not conscientiously proceed to try the case, and after a few remarks left the stand.
President then said that although he might not be called upon 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 and others, and left the stand. then arose and said that as he had been implicated with the accused he should be unwilling to preside in the case and left the stand.
The Council and assembly then dispersed in confusion “Marcellus F. Cowdery, Clerk.”

May 1837

Printing office Transferred. to Some time this month the Messenger and Advocate office and contents were transferred to , of Portage, Allegany County, N. Y.— and Smith and continued the office, by power of Attorney from said . [p. 760]
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