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Minutes, 30 April 1843

Source Note

First Presidency (including JS), Minutes, [, Hancock Co., IL], 30 Apr. 1843; handwriting of and ; six pages; JS Collection (Supplement), CHL. Includes dockets.
Six leaves, each measuring 12¼ × 7¾ inches (31 × 20 cm). inscribed the minutes of this court until a one-hour adjournment in the hearing, after which was the scribe. The text was inscribed on the verso of six printed copies of “A Fac-simile from the Book of Abraham, No. 2,” Second Issue, between ca. 15 Mar. 1842 and 1 Apr. 1843.” The document was folded in half horizontally twice for storage.
, who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854, docketed the document. It was also docketed by Andrew Jenson, who began working in the Church Historian’s Office (later Church Historical Department) in 1891 and served as assistant church historian from 1897 to 1941. The Church Historical Department (now CHL) published a register of the JS Collection in 1973. Between 1974 and 1984, staff continued to locate documents authored by or directed to JS in uncataloged church financial records and in name-and-subject files. The department also acquired additional JS documents from donors, collectors, and dealers. These newly located and acquired documents were kept together in a supplement to the JS Collection. A preliminary inventory of the supplement was created in 1992. This group of records was named the JS Collection (Supplement), 1833–1844, and its cataloging was finalized in 2017. Sometime between 1973 and 1984, the document was added to the JS Collection (Supplement). The dockets and the document’s inclusion in the JS Collection (Supplement) indicate continuous institutional custody.

Footnotes

  1. [1]

    See “A Fac-simile from the Book of Abraham, No. 2,” Second Issue, between ca. 15 Mar. 1842 and 1 Apr. 1843.

  2. [2]

    JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

  3. [3]

    Jenson, Autobiography, 192, 389; Cannon, Journal, 9 Feb. 1891; Jenson, Journal, 9 Feb. 1891 and 19 Oct. 1897; Bitton and Arrington, Mormons and Their Historians, 47–52.

    Jenson, Andrew. Autobiography of Andrew Jenson: Assistant Historian of the Church of Jesus Christ of Latter-day Saints. . . . Salt Lake City: Deseret News Press, 1938.

    Cannon, George Q. Journals, 1855–1864, 1872–1901. CHL. CR 850 1.

    Jenson, Andrew. Journals, 1864–1941. Andrew Jenson, Autobiography and Journals, 1864–1941. CHL.

    Bitton, David, and Leonard J. Arrington. Mormons and Their Historians. Salt Lake City: University of Utah Press, 1988.

  4. [4]

    See the full bibliographic entry for JS Collection (Supplement), 1833–1844, in the CHL catalog.

  5. [5]

    See the full bibliographic entry for JS Collection (Supplement), 1833–1844, in the CHL catalog.

Historical Introduction

On 30 April 1843, JS presided at a court in , Illinois, that heard the appeal of a case between and . The Nauvoo had rendered a verdict on this case earlier in April. In 1841, Coltrin agreed to pay $200 to Mathews for some land. Because Coltrin did not have the money for the payment, he gave Mathews two promissory notes of $100 each, and Mathews gave him a bond for the land. They then apparently reached an agreement in which Coltrin would satisfy the debt by building a house for Mathews by 5 November 1841. In accordance with the bond, Mathews would then provide Coltrin with title to the land. However, Coltrin did not complete the house on time. Mathews alleged that the delay was due to negligence on Coltrin’s part, while Coltrin argued that Mathews had not finished a cellar to the necessary specifications, thereby preventing Coltrin from raising the frame of the house. Coltrin finally finished the structure either in late 1842 or early 1843. According to Mathews and other witnesses, the house was of low quality and eventually collapsed. Unable to agree on a valuation of the house, Coltrin and Mathews sought an appraisal from two disinterested individuals. These appraisers valued the house at $200 at the place it was constructed or $225 if it was moved somewhere else.
In light of these appraisals, believed he had kept his end of the bargain and demanded the deed to the land. refused to relinquish it, stating that Coltrin had not fulfilled the terms of the agreement. Mathews then sold the land to his wife, Elizabeth Burgess Mathews, and Coltrin claimed Mathews had done so only to prevent him from obtaining the land. Coltrin preferred charges against both Anson and Elizabeth Mathews on 20 March 1843. The high council heard the case against Anson Mathews on 14 April 1843 and decided in Coltrin’s favor. The high council ordered Mathews to provide Coltrin with a land title and to endorse the bond to show that Coltrin had satisfied the debt. The council told Mathews that if he refused to do this, he would be disfellowshipped from the . Not satisfied with the decision, Mathews appealed to the First Presidency, stating that Coltrin “failed to meet his oblegations in Payment for said Land” and that he “never agree’d to receive the Building” Coltrin constructed as payment on the notes, because “it was bad work and not fit for a dwelling.”
The two parties appeared before the First Presidency on 30 April 1843. After receiving the relevant documents and hearing initial statements from (a high council member who served as counsel for ) and from , the First Presidency decided to hear the case “as an origenol case,” stating that the Nauvoo high council did not have the authority to determine land titles in Nauvoo. During the rehearing, Coltrin and Anson Mathews both testified, as did Elizabeth Mathews; Coltrin’s father, , and his brother ; and others familiar with the case. Anson Mathews also submitted a statement from George Reals, who declared that Coltrin failed to complete the building because he took on work for other individuals, not because Mathews’s cellar was not ready. After hearing the testimony, the First Presidency decided in favor of Mathews.
took the minutes of the meeting until the midday adjournment, after which kept them. Richards apparently used these minutes as a source when he recorded a brief summary of the trial in JS’s journal. The original minutes are featured here.

Footnotes

  1. [1]

    Nauvoo Stake High Council Minutes, 14 Apr. 1843.

    Nauvoo Stake High Council Minutes, ca. 1839–ca. 1843. Fair copy. In Oliver Cowdery, Diary, Jan.–Mar. 1836. CHL.

  2. [2]

    Coltrin charged Anson and Elizabeth Mathews with “unchristian like conduct” for “refusing to perform according to contract respecting the sale of a piece of land” and for transferring the “property in a way” that allowed Anson Mathews “to bid defiance to the result and force of law to compel him to abide the aforesaid contract.” Coltrin also accused Anson Mathews of lying. According to the minutes of the hearing, Anson Mathews was to “be tried separate from his wife,” but there are no records of a separate hearing for Elizabeth Mathews. (Nauvoo Stake High Council Minutes, 14 Apr. 1843.)

    Nauvoo Stake High Council Minutes, ca. 1839–ca. 1843. Fair copy. In Oliver Cowdery, Diary, Jan.–Mar. 1836. CHL.

  3. [3]

    [Anson Mathews], “Defendants Plea and Specifications,” ca. Apr. 1843, Nauvoo Stake High Council Papers, CHL; Nauvoo Stake High Council Minutes, 14 Apr. 1843.

    Nauvoo Stake High Council Papers, 1839–1844. CHL.

    Nauvoo Stake High Council Minutes, ca. 1839–ca. 1843. Fair copy. In Oliver Cowdery, Diary, Jan.–Mar. 1836. CHL.

  4. [4]

    Anson Mathews, Statement, ca. Apr. 1843; [Anson Mathews], “Defendants Plea and Specifications,” ca. Apr. 1843, Nauvoo Stake High Council Papers, CHL. Mathews stated in his certification that at the time of the high council trial, he “did not fuly understand the Charges prefered against” him and “consequently was not prepared with competant witness’s to defend” him. He also claimed that the high council changed the hearing venue, which prevented his one witness from testifying. The First Presidency was the ecclesiastical body of the church designated to “determine whether any such case as may be appealed, is justly entitled to a re-hearing.” (Revised Minutes, 18–19 Feb. 1834 [D&C 102:33].)

    Nauvoo Stake High Council Papers, 1839–1844. CHL.

  5. [5]

    George Reals, Statement, Nauvoo Stake High Council Papers, CHL.

    Nauvoo Stake High Council Papers, 1839–1844. CHL.

  6. [6]

    JS, Journal, 30 Apr. 1843.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Minutes, 30 April 1843 Journal, December 1842–June 1844; Book 2, 10 March 1843–14 July 1843 History Draft [1 March–31 December 1843] History, 1838–1856, volume D-1 [1 August 1842–1 July 1843] “History of Joseph Smith”

Page 5

told them it was not worth. told me that I was to prize that building I did not want to prize it. I refused. Br. Collet went &— did not say what it was worth. the other man $200. although he before had said it was good for nothing— In the cellar there was some dirt removed which I understood was to put their sauce in. The building projected over this place— could have put under the pinnings. After the contract was broken they then might have hindered the work; but not before. When I understood that Collet had said that the work was well done, when he knew better & had told me differrent. I knew nothing of the time of the contract. I did not hear say anything about the contract. It was not out of shape by falling, a good building could not be injured by that.
Cellar work I finished the digging of the first cellar work— the first cellar was ready for the building against the timber was there. There was a foot & a half inside of the timbers & near three feet at the corners the building could not drop inside the cellar
Sister Matthews Mr. Bently & Mr Hamilton we’re there on the 24 of May.
Bond. <​read​> Elisha Bentl[e]y ◊00 70011/100
Sophia Reels [Mathews Reals] testimony read
George Reels [Reals] testimony read
Joseph. Trial was to have conv[ened] on last sunday they said they could not not have their witnesses present. I told them to bring it in writing—
Saml. Thompson. no preparations for building. some scattering timbers laying about I think it was november I was told to
Richard Slater, I helped to build cellar was wall— first time I went the’re had been a good deal of rain. the corner of the house slipped down. attempted to raise one corner, a log rolled from under & the house fell. I came after & the house was up— , it was not all dug out then [p. 5]
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Source Note

Document Transcript

Page 5

Document Information

Related Case Documents
Editorial Title
Minutes, 30 April 1843
ID #
1552
Total Pages
12
Print Volume Location
JSP, D12:250–258
Handwriting on This Page
  • John Taylor

Footnotes

  1. [24]

    “Sauce” could refer to either fresh or preserved vegetables, roots, and fruits. (“Sauce,” in American Dictionary [1845], 723; “Sauce,” in Oxford English Dictionary, 9:128.)

    An American Dictionary of the English Language; Exhibiting the Origin, Orthography, Pronunciation, and Definitions of Words. Edited by Noah Webster. New York: Harper and Brothers, 1845.

    Oxford English Dictionary. Compact ed. 2 vols. Oxford: Oxford University Press, 1971.

  2. [25]

    “Mr Hamilton” was likely Artois Hamilton, Bentley’s brother-in-law. (“Artois Hamilton, 1795–1875,” Individual Record, FamilySearch Ancestral File [Ancestral File no. 1B9Q-J32]; Gregg, History of Hancock County, Illinois, 712–715.)

    FamilySearch. https://familysearch.org

    Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

  3. [26]

    Reals was the daughter of Anson and Elizabeth Mathews. She was married to George Reals. Her testimony is apparently not extant. (Anson Mathews, “Family Reckord,” Patriarchal Blessings, 1832–1845, Sturdevant and Mathews Family Collection, CHL; 1860 U.S. Census, Fremont Co., IA, 961; Death Certificate for Charlotte Emily Beauchamp, 5 Feb. 1929, Clarinda, Page Co., IA, certificate 2709, Iowa Department of Health, Iowa Death Certificates, 1904–1951, microfilm/DGS 102,902,986, U.S. and Canada Digital Collection, FHL.)

    Sturdevant and Mathews Family Collection, 1807–1853. CHL.

    Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

    U.S. and Canada Digital Collection. FHL.

  4. [27]

    Census records suggest that George Reals was born in 1815 in New York. He testified that he knew that Coltrin “was not thrown in failure by the cellar not being ready to receive the Building at the time the Contract demanded, but was thrown into failure by leaveing the Building and goeing on with work for Brother Markum and others and not performing according to agreement with Father Mathews.” Reals also stated that both he and Anson Mathews hauled timber for the building Coltrin was supposed to construct, even though Coltrin “agree[d] to furnish the building materials for the building in question.” (1860 U.S. Census, Fremont Co., IA, 961; 1870 U.S. Census, Mason Township, Taylor Co., IA, 6; George Reals, Statement, Nauvoo Stake High Council Papers, CHL.)

    Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

    Nauvoo Stake High Council Papers, 1839–1844. CHL.

  5. [28]

    William Marks, president of the Nauvoo stake, informed Anson and Elizabeth Mathews that a hearing would be held “on Saturday the first day of April next at Hiram Smith’s Office.” The hearing was then apparently changed to 14 April and held at “A. Mills Masonic Hall.” (William Marks to Anson and Elizabeth Mathews, Summons, Nauvoo, IL, 20 Mar. 1843, Nauvoo Stake High Council Papers, CHL; Nauvoo Stake High Council Minutes, 14 Apr. 1843.)

    Nauvoo Stake High Council Papers, 1839–1844. CHL.

    Nauvoo Stake High Council Minutes, ca. 1839–ca. 1843. Fair copy. In Oliver Cowdery, Diary, Jan.–Mar. 1836. CHL.

  6. [29]

    Thompson was born in 1813 in Pomfret, New York, and joined the church in 1833. Before moving to Nauvoo, Thompson and his wife, Mary Anderson Thompson, lived in Kirtland, Ohio; Far West, Missouri; Nashville, Iowa Territory; and Ramus, Illinois. (Packer, History of Elisha Hurd Groves, 571–573.)

    Packer, Murland R. Life History of Elisha Hurd Groves (November 5, 1797–December 29, 1867) & Lucy Simmons (February 1, 1807–July 20, 1883): Special Bicentennial Edition Issued on the 200th Birthday of Elisha Hurd Groves. Roy, UT: By the author, 1997.

  7. [30]

    Slater was born in 1812 in England. According to one history, he “was among the first in his country to be baptized” into the church. He and his family emigrated from England to Nauvoo in 1840. There, they “settled on a piece of farming land near the city,” and Slater “became an active worker in all Church matters.” (Portrait, Genealogical, and Biographical Record of the State of Utah, 84.)

    Portrait, Genealogical, and Biographical Record of the State of Utah, Containing Biographies of Many Well Known Citizens of the Past and Present. Chicago: National Historical Record, 1902.

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