30728

Appeal and Minutes, 21 June 1833

I, Doct P Hurlbert Doctor Philastus Hurlbut

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

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, haveing been tried befor the Bishops council of High Priests

Official church proceedings convened to handle disputes or allegations of misconduct. The officers of the court were a bishop, his assistants or counselors, and additional high priests or elders assembled on an ad hoc basis. Until high councils were established...

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in a charge of Unchristian like conduct with the female sex,1 and myself being absent at the time and considering that strict justice was not done me. I do by these presents most solemly enter my appeal unto the Presidents

Both the office of the president of the high priesthood and the body comprising the president and his counselors; the presiding body of the church. In November 1831, a revelation directed the appointment of a president of the high priesthood. The individual...

View Glossary
council of high priests

An ecclesiastical and priesthood office. Christ and many ancient prophets, including Abraham, were described as being high priests. The Book of Mormon used the term high priest to denote one appointed to lead the church. However, the Book of Mormon also discussed...

View Glossary
for a re hearing, according to the privilege gurranteed to me in the laws of the Church

Principles given to the church and its members in February 1831 revelations. In January 1831, a revelation promised the saints in New York that the law would be given after they gathered in Ohio. Once in Ohio, on 9 and 23 February 1831, JS dictated two revelations...

View Glossary
which council

A gathering of church leaders assembled “for consultation, deliberation and advice”; also a body responsible for governance or administration. As early as 9 February 1831, a revelation instructed that “the Elders & Bishop shall Council together & they shall...

View Glossary
is now assembled in the school room in Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Population in 1830 about 55 Latter-day Saints and 1,000 others; in 1838 about 2,000 Saints and 1,200 others; in 1839 about 100 Saints and 1,500 others. Mormon missionaries visited township...

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this 21st. June 1833— It was motioned seconded and voted that Bro D. P. Hurlbut

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
be granted a re-hearing— Bro Joseph, the President

An organized body of leaders over priesthood quorums and other ecclesiastical organizations. A November 1831 revelation first described the office of president over the high priesthood and the church as a whole. By 1832, JS and two counselors constituted ...

View Glossary
, opened the council by prayer— The council then proceeded to ordain two High Priests to make out the number, twelve, that the council or Church Court might be orgazized organized, Bro John Smith

16 July 1781–23 May 1854. Farmer. Born at Derryfield (later Manchester), Rockingham Co., New Hampshire. Son of Asael Smith and Mary Duty. Member of Congregational church. Appointed overseer of highways at Potsdam, St. Lawrence Co., New York, 1810. Married...

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and William Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

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were ordained

The conferral of power and authority; to appoint, decree, or set apart. Church members, primarily adults, were ordained to ecclesiastical offices and other responsibilities by the laying on of hands by those with the proper authority. Ordinations to priesthood...

View Glossary
by the hands of Bro Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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by the voice of the council,2

The 11 November 1831 revelation regarding church courts explained that “the president of the Court of the high priesthood shall have power to call other high priests even twelve to assist as counsellors.” (Revelation, 11 Nov. 1831–B [D&C 107:79].)  


Bro Hurlbert

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
s case was laid before the Court & the testimony against him was given in by Orson Hyde

8 Jan. 1805–28 Nov. 1878. Laborer, clerk, storekeeper, teacher, editor, businessman, lawyer, judge. Born at Oxford, New Haven Co., Connecticut. Son of Nathan Hyde and Sally Thorpe. Moved to Derby, New Haven Co., 1812. Moved to Kirtland, Geauga Co., Ohio, ...

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& Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
3

Orson Hyde and Hyrum Smith were sent on a mission to western Pennsylvania by 23 March 1833. In early April, in Conneaut Township, Pennsylvania, Hyrum presided over a council of high priests that separated Hurlbut from his assigned missionary companion, Daniel Copley, apparently because of some trouble between the two men. While Copley was reassigned to preach with John F. Boynton, Hurlbut was paired with Orson Hyde. Hyde later intimated that the offense for which Hurlbut stood accused occurred while he was Hurlbut’s companion. (Minutes, 23 Mar. 1833–B; Hyrum Smith, Diary, 5 Apr. 1833, [12]–[13]; “History of Orson Hyde,” Historian’s Office, Histories of the Twelve, 1856–1858, 1861, CHL; see also Winchester, Plain Facts, 26.)  


and duly investigated. It was decided that Bro H

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
should be forgiven because of the liberal confession which he made. This council decided that the Bishops Council decided correctly before, and that Bro H

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
’s crime was sufficient to cut him off from the church, but on his confession, he was restored—
Joseph Smith Jr— [p. 21]
I, Doct P Hurlbert [Doctor Philastus Hurlbut]

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
, haveing been tried befor the Bishops cou ncil of High Priests

Official church proceedings convened to handle disputes or allegations of misconduct. The officers of the court were a bishop, his assistants or counselors, and additional high priests or elders assembled on an ad hoc basis. Until high councils were established...

View Glossary
in a charge of Unchristian like conduct  with the female sex,1 and myself being absent at the time  and considering that strict justice was not done me. I do  by these presents most solemly enter my appeal unto the Pres idents

Both the office of the president of the high priesthood and the body comprising the president and his counselors; the presiding body of the church. In November 1831, a revelation directed the appointment of a president of the high priesthood. The individual...

View Glossary
council of high priests

An ecclesiastical and priesthood office. Christ and many ancient prophets, including Abraham, were described as being high priests. The Book of Mormon used the term high priest to denote one appointed to lead the church. However, the Book of Mormon also discussed...

View Glossary
for a re hearing, according to  the privilege gurranteed to me in the laws of the Church

Principles given to the church and its members in February 1831 revelations. In January 1831, a revelation promised the saints in New York that the law would be given after they gathered in Ohio. Once in Ohio, on 9 and 23 February 1831, JS dictated two revelations...

View Glossary
 which council

A gathering of church leaders assembled “for consultation, deliberation and advice”; also a body responsible for governance or administration. As early as 9 February 1831, a revelation instructed that “the Elders & Bishop shall Council together & they shall...

View Glossary
is now assembled in the school room in  Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Population in 1830 about 55 Latter-day Saints and 1,000 others; in 1838 about 2,000 Saints and 1,200 others; in 1839 about 100 Saints and 1,500 others. Mormon missionaries visited township...

More Info
this 21st. June 1833— It was motioned seconded  and voted that Bro D. P. Hurlbut

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
be granted a re-hearing—  Bro Joseph, the President

An organized body of leaders over priesthood quorums and other ecclesiastical organizations. A November 1831 revelation first described the office of president over the high priesthood and the church as a whole. By 1832, JS and two counselors constituted ...

View Glossary
, opened the council by prayer— The council  then proceeded to ordain two High Priests to make out the number, twelve,  that the council or <Church> Court might be orgazized [organized], Bro John [Smith]

16 July 1781–23 May 1854. Farmer. Born at Derryfield (later Manchester), Rockingham Co., New Hampshire. Son of Asael Smith and Mary Duty. Member of Congregational church. Appointed overseer of highways at Potsdam, St. Lawrence Co., New York, 1810. Married...

View Full Bio
and William  Smith

13 Mar. 1811–13 Nov. 1893. Farmer, newspaper editor. Born at Royalton, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Lebanon, Grafton Co., New Hampshire, 1811; to Norwich, Windsor Co., 1813; and to Palmyra, Ontario Co., New York, 1816...

View Full Bio
were ordained

The conferral of power and authority; to appoint, decree, or set apart. Church members, primarily adults, were ordained to ecclesiastical offices and other responsibilities by the laying on of hands by those with the proper authority. Ordinations to priesthood...

View Glossary
by the hands of Bro Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
by the voice  of the council,2

The 11 November 1831 revelation regarding church courts explained that “the president of the Court of the high priesthood shall have power to call other high priests even twelve to assist as counsellors.” (Revelation, 11 Nov. 1831–B [D&C 107:79].)  


Bro Hurlbert

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
s case was laid before the Court &  the testimony against him [was] given in by Orson Hyde

8 Jan. 1805–28 Nov. 1878. Laborer, clerk, storekeeper, teacher, editor, businessman, lawyer, judge. Born at Oxford, New Haven Co., Connecticut. Son of Nathan Hyde and Sally Thorpe. Moved to Derby, New Haven Co., 1812. Moved to Kirtland, Geauga Co., Ohio, ...

View Full Bio
& Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co., by...

View Full Bio
3

Orson Hyde and Hyrum Smith were sent on a mission to western Pennsylvania by 23 March 1833. In early April, in Conneaut Township, Pennsylvania, Hyrum presided over a council of high priests that separated Hurlbut from his assigned missionary companion, Daniel Copley, apparently because of some trouble between the two men. While Copley was reassigned to preach with John F. Boynton, Hurlbut was paired with Orson Hyde. Hyde later intimated that the offense for which Hurlbut stood accused occurred while he was Hurlbut’s companion. (Minutes, 23 Mar. 1833–B; Hyrum Smith, Diary, 5 Apr. 1833, [12]–[13]; “History of Orson Hyde,” Historian’s Office, Histories of the Twelve, 1856–1858, 1861, CHL; see also Winchester, Plain Facts, 26.)  


 and duly investigated. It was decided that Bro H

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
should be for given because of the liberal confession which he made. This council  decided that the Bishops Council decided correctly before, and  that Bro H

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
’s crime was sufficient to cut him off from the ch urch, but on his confession, he was restored—

Signature of JS.  


<Joseph Smith Jr—> [p. 21]
These minutes contain an account of the continued disciplinary action against Doctor Philastus Hurlbut

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
, an elder

A male leader in the church generally; an ecclesiastical and priesthood office or one holding that office; a proselytizing missionary. The Book of Mormon explained that elders ordained priests and teachers and administered “the flesh and blood of Christ unto...

View Glossary
who was accused of “unchristian conduct with the female sex while on a mission to the east.” A few weeks earlier, on 1 June, Hurlbut, who had apparently not yet returned from his mission, was tried in absentia by a bishop’s court

Official church proceedings convened to handle disputes or allegations of misconduct. The officers of the court were a bishop, his assistants or counselors, and additional high priests or elders assembled on an ad hoc basis. Until high councils were established...

View Glossary
composed of several high priests

An ecclesiastical and priesthood office. Christ and many ancient prophets, including Abraham, were described as being high priests. The Book of Mormon used the term high priest to denote one appointed to lead the church. However, the Book of Mormon also discussed...

View Glossary
. The council “decided that his commission be taken from him and that he be no longer a member of the Church of Christ

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

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.”1 Upon learning of his dismissal, however, Hurlbut appealed to JS to reconsider the decision.
A November 1831 revelation outlined the procedures by which a disputed decision made by a bishop’s court could be adjudicated. It declared that in the most difficult and important cases presented before the church, when a dispute arose over the verdict, the case would be “handed over & carried up unto the court of the church before the president of the high Priesthood

Both the office of the president of the high priesthood and the body comprising the president and his counselors; the presiding body of the church. In November 1831, a revelation directed the appointment of a president of the high priesthood. The individual...

View Glossary
. . . thus the president of the high priesthood & his councellors shall have power to decide upon testimony according to the laws of the church & after this desision it shall be had in remembrance no more before the Lord for this is the highest court of the church of God & a final desision upon controvers[i]es.”2

Revelation, 11 Nov. 1831–B [D&C 107:78–80].  


The following minutes reproduce, apparently verbatim, Hurlbut

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
’s written statement of appeal requesting a new hearing by the president’s court. The minutes, which were probably copied from an original text inscribed on loose pages, bear the signature of JS in his own hand rather than a copied signature, suggesting that these minutes were treated at the time as an official church record of Hurlbut’s appeal and reinstatement.
George A. Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into LDS church by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio, 1833. Labored on Kirtland temple...

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, who was present at the meeting, later explained that Hurlbut

3 Feb. 1809–16 June 1883. Clergyman, farmer. Born at Chittenden Co., Vermont. “Doctor” was his given name. Preacher for Methodist Episcopal Church in Jamestown, Chautauque Co., New York. Baptized into LDS church, 1832/1833, at Jamestown. Ordained an elder...

View Full Bio
“didn’t deny the charge but begged to be forgiven [and] made every promise on the face of the earth that a man could make that he would from that day out live a faithful and virtuous life.” Following his importuning, the council finally “agreed that he might on confession be restored to the church.” Although the council restored Hurlbut’s membership because of his penitent confession, George A. Smith recalled that “as soon as this council had made its decision upon Hurlburt[,] Joseph arose and said to the council he is not honest what he has promised he [will] not fulfill[.] what he has confessed is not the thoughts and intents of his heart [and] time will prove it.”3

George A. Smith, Discourse, 15 Nov. 1864, in George D. Watt, Discourse Shorthand Notes, 15 Nov. 1864, Pitman Shorthand Transcriptions, CHL; see also Staker, Hearken, O Ye People, 597; and George A. Smith, in Journal of Discourses, 15 Nov. 1864, 11:8.  


Two days after this meeting concluded, Hurlbut’s case was again taken up on grounds that Hurlbut “had deceived Joseph Smith’s God.”4

Facts