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Minutes, 28–29 August 1834

Source Note

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.

Footnotes

  1. [1]

    Minutes, 11 Aug. 1834.

  2. [2]

    Minutes, 11 Aug. 1834.

  3. [3]

    Minutes, 23 Aug. 1834.

  4. [4]

    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.

  5. [5]

    JS, Journal, 25 Jan. 1836.

  6. [6]

    Revised Minutes, 18–19 Feb. 1834 [D&C 102:2].

  7. [7]

    Revised Minutes, 18–19 Feb. 1834 [D&C 102:9–11].

  8. [8]

    Minutes, 11 Aug. 1834. Whitney was also supposed to preside over the 23 August 1834 council, but he did not attend because of illness. Reynolds Cahoon, one of his counselors, presided in his stead. (Minutes, 23 Aug. 1834.)

  9. [9]

    Minutes, 23 Aug. 1834.

  10. [10]

    Revelation, 11 Nov. 1831–B [D&C 107:82].

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Minutes, 28–29 August 1834 Minute Book 1 History, 1838–1856, volume A-1 [23 December 1805–30 August 1834] “History of Joseph Smith” “History of Joseph Smith”

Page 62

between himself and brother Joseph, and that the other charges indirectly preferred as grievances of others, were also without a foundation. Brother concurred in the above. Brother C. Durfee, said that he considered that brother J. was acquitted, as being guilty of any misdemeanor before the on the 11th. Brother said that he accompanied brother Joseph to , from in this State, except leaving him for a short time to visit the of . He was present when brother [JS] reproved , concerning a certain difficulty, arising from a complaint, concerning a certain dog.— That he considered brother Josephs reproofs were just at the time, as <​he​> well recollects stating the same in substance to . He did not consider this reproof had any tendency to lessen the esteem of the brethren for , but if they had, in consequence of a confession in general terms, from , about that time, he thought that sufficient to heal every hard feeling then existing against him, or that might exist. He further said, that during his journey to the West, he could not say that he had seen any thing in brother Joseph’s conduct, contrary to the true principles of his profession as a man of God. Brother said that he fell in company with brother J. at Ohio, and accompanied him the most of the way to , and that during the whole course of the journey, he did not see any thing in his conduct to lessen his esteem of him as a man of God. But he said he heard brother Joseph reprove concerning a certain something, respecting some bread, he did not hear the whole, and thought at the time the reproofs were rather severe, but had learned since, they were not any more severe than were just. Brother Joseph was then called upon to make a statement, concerning the transactions as they trans [p. 62]
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Source Note

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Page 62

Document Information

Related Case Documents
Editorial Title
Minutes, 28–29 August 1834
ID #
6713
Total Pages
16
Print Volume Location
JSP, D4:120–135
Handwriting on This Page
  • Warren A. Cowdery

Footnotes

  1. [11]

    It is unclear who else was making charges. George A. Smith recalled that JS had a confrontation with Cyrus Smalling on the Camp of Israel expedition; perhaps Smalling also accused JS of improprieties. (George A. Smith, Autobiography, 53–54.)

    Smith, George A. Autobiography, ca. 1860–1882. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 1, fd. 2.

  2. [12]

    It is unclear who C. Durfee is. It is possible that this was meant to say “E. Durfee,” as Edmund Durfee was a church member living in Kirtland at this time.

  3. [13]

    According to Heber C. Kimball, the Camp of Israel passed through Mansfield, Ohio, on 10 May 1834. (Kimball, “Journal and Record,” 8.)

    Kimball, Heber C. “The Journal and Record of Heber Chase Kimball an Apostle of Jesus Christ of Latter Day Saints,” ca. 1842–1858. Heber C. Kimball, Papers, 1837–1866. CHL. MS 627, box 1.

  4. [14]

    On 12 June 1834, JS sent Hyde and Parley P. Pratt to ask Missouri governor Daniel Dunklin to call out a militia escort for those Saints wanting to return to their Jackson County lands. Hyde and Pratt returned to the camp on 15 June. (George A. Smith, Autobiography, 31, 33.)

    Smith, George A. Autobiography, ca. 1860–1882. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 1, fd. 2.

  5. [15]

    On 3 June 1834, while the Camp of Israel was staying at the town Louisiana, Missouri, JS’s dog either barked at or attempted to bite Sylvester Smith as he came into camp. The next morning JS reproved camp participants for “the spirit that was manifested by some of the brethren.” To show them what he meant, “he rose up and commenced speaking, by saying, ‘if any man insults me, or abuses me, I will stand in my own defence at the expense of my life; and if a dog growl at me, I will let him know that I am his master.’” According to Heber C. Kimball, Sylvester Smith entered the camp just as JS was saying this and responded, “‘If that dog bites me, I’ll kill him.’” JS retorted, “‘If you kill that dog, I’ll whip you,’ and then went on to show the brethren how wicked and unchristianlike such conduct appeared before the eyes of truth and justice.” George A. Smith said that JS also told Sylvester Smith that “he [Sylvester] was possessed of a wicked spirit and said in the name of the Lord that if he did not get rid of that spirit the day would come when a dog should bite him, and gnaw his flesh and he would not be able to resist it.” Smith then accused JS of “prophesying lies in the name of the Lord.” (“Extracts from H. C. Kimball’s Journal,” Times and Seasons, 1 Feb. 1845, 6:788–789; George A. Smith, Autobiography, 29.)

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    Smith, George A. Autobiography, ca. 1860–1882. George Albert Smith, Papers, 1834–1877. CHL. MS 1322, box 1, fd. 2.

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