Minutes, , Geauga Co., OH, 28–29 Aug. 1834. Featured version copied [not before 25 Feb. 1836] in Minute Book 1, pp. 58–72, 73; handwriting of ; CHL. For more complete source information, see the source note for Minute Book 1.
Historical Introduction
On 28 August 1834, , in , Ohio, convened the Kirtland to try for “violating the laws of the church of the latter day saints.” Smith, a participant, had accused JS of “criminal conduct” on the expedition, but the Kirtland council that investigated the charges on 11 August 1834 found JS innocent of any wrongdoing. The council required Sylvester Smith to recant his charges publicly, which he agreed to do, and appointed a committee to write an article clearing JS’s name, to be published in The Evening and the Morning Star. On 23 August 1834, another council approved the article for publication, but Sylvester Smith then “objected against abiding by the decision of the former council, and proceeded to Justify himself in his former conduct.” The council decided that Sylvester Smith was “guilty of a misdemeanor unbecoming a man in his high station” and “disqualified” him from acting in his church office until “a trial before the bishop assisted by twelve [could] be had.”
That same day, made formal charges against and requested to call the high council to investigate the charges. Whitney did so on 28 August, and the council met for the next two days, hearing testimony about what had transpired at the 11 August council and on the Camp of Israel expedition. The high council ultimately mandated that Sylvester Smith publish a confession in order to remain a member of the church, stating that he “willfully and maliciously lied” in making his accusations against JS. The confession was published in the October 1834 issue of the Latter Day Saints’ Messenger and Advocate, and Sylvester Smith retained his membership and his high priest office, though he was removed from the high council in September 1834. However, Smith may not have been satisfied with the decision of the council. Although he signed a statement acknowledging the justness of the council’s decisions, someone—likely Sylvester Smith himself, as the handwriting resembles his—later crossed out his name and wrote under it, “The above was signed for fear of punishment.” This may have occurred in 1836 when Smith was temporarily serving as JS’s scribe.
The high council, which tried , was established in February 1834 in part to adjudicate difficult issues in the church. According to the constitution of the high council, the president of the high council, JS, was supposed to preside, assisted by two other presidents—at the time, and . However, Bishop actually presided over the high council at this 28–29 August meeting. Since JS was the subject of Smith’s charges, he may have recused himself from the presiding role. If so, it is unclear why Rigdon or Williams did not then act as the presiding authority, especially since guidelines for the high council clearly state that in the absence of the president, “the other presidents have power to preside in his stead, both or either of them.” It may have been because Whitney had already presided over the 11 August council that originally investigated Smith’s charges. Or perhaps it was because the 23 August council specifically stated that Smith needed to be tried by “the bishop assisted by twelve high priests,” or a . However, the minutes themselves specifically refer to the body addressing these charges as the high council, not as a bishop’s court. A third possibility is that the council was functioning in accordance with instructions in a November 1831 revelation that stated if the was in transgression, the president (JS) should be tried before a court chaired by the bishop, or common judge, assisted by “twelve counsellors of the .” Even though JS was not on trial, the high council did address Smith’s charges against JS, which, as Rigdon stated in his complaint, meant that the case “affect[ed] the presidency” of the church. Whatever the reason, Whitney assumed the same roles that the president of the high council typically filled, serving as moderator throughout the trial, delivering the decision in the case, and calling on the high counselors for their sanction of the decision.
and served as clerks of the meeting and kept the minutes. The minutes featured here include ’s formal complaint against , ’s notification to Smith of the charges, and Smith’s statement acknowledging the decision of the council. later copied these documents and the minutes into Minute Book 1.
Sylvester Smith to Oliver Cowdery, Kirtland, OH, 28 Oct. 1834, in LDS Messenger and Advocate, Oct. 1834, 1:10–11; Minutes, 24 Sept. 1834. In February 1835, Smith was called as one of the initial members of the Seventy, an ecclesiastical body established by JS. (Minutes and Blessings, 28 Feb.–1 Mar. 1835.)
Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.
observations correct, and the principles which he advanced to be just. Brother said, that he concurred in brother ’s statement concerning the bread. That he thought that it was generally known that , in consequence of ’s <not> furnishing him with bread, was deprived of bread that night.— That at the time when <he> brother Joseph told him that did not obtain any bread in consequence of the same. Brother said that since the Brethren’s return from the West, that he went with to brother to advise concerning the adjusting of certain complaints which were in circulation concerning brother Joseph’s conduct to and from that told that did obtain bread of the individual to whom he sent him. Brother said that he concurred in the statements of brother concerning the circumstances which transpired at the time the difficulty arose about the bread. Brethren & concurred in the same statement. Brother then exhibited an account current, taken from the receipts of money’s and other properties expended during their late journey to and from This account was taken from documents kept during the journey by brother . Brother said that the account exhibited was correctly taken from his accounts as he had the charge of the monies and attended to paying it out &c. The case was then submitted to the , and the counsellors severally spake in their turns. After which the and the also spake. [p. 70]
Williams was appointed treasurer of the expedition. According to George A. Smith, Williams’s history of the expedition and a list of all who went on it were lost. It is unclear whether his financial documents were lost as well, but they have not been located. (McBride, Reminiscence, 2; George A. Smith, Autobiography, 43.)
McBride, Reuben, Sr. Reminiscence, no date. CHL. MS 8197.
Smith, George A. Autobiography, ca. 1860–1882. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 1, fd. 2.
The constitution of the Kirtlandhigh council also states that “in all cases the accuser and the accused shall have a privilege of speaking for themselves before the council, after the evidences are heared, and the Counsellors who are appointed to speak on the case, have finished their remarks.” (Revised Minutes, 18–19 Feb. 1834 [D&C 102:18].)