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.
hour’s adjournment, the council sat again at one o clock P.M. and
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.
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.
and assembly then dispersed in confusion “M<arcellus> F. Cowdery,
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 .