[Apostle Wilford Woodruff Journal] 22, 23, 24, & 25 Was spent in the printing Office. (1)
[Joseph Smith Diary] Wednesday, February 22nd 1843 9 A.M. The President and Mr. Cowan come in the office and soon after, Abel Owen presented a claim against Carter, Cahoon, and Company and notes of Oliver Granger of about 700 dollars for payment. Joseph told him to burn the papers and he would help him. He gave the papers to Joseph and Joseph gave him an order on Mr. Cowan for $15 for provisions. Rode out about the city with Mr. Cowan. Recited in German. (2)
-- Feb 23, 1843
[Joseph Smith Diary] Thursday, February 23rd 1843 Recited in German. Rode out a few miles but did not get off my horse. P.M. Mr. Bagby called to collect taxes. Mr. [William] Clayton /was/ sent for and come to examine the books. Bro[ther] Dixon called to see the Mayor about some lost or stolen property.
3 1/2 P.M. the Mayor burned $23 of city scrip on the stove hearth and while burning said so may all uncurrent and unsound money go down as this burns. Said he would pay no taxes on Hotchkiss purchase. Amasa Lyman went to Shokokon to commence preaching this morning. (2)
-- Feb 24, 1843
[Joseph Smith Diary] Friday, February 24th 1843 Rode out with Elder Young. Dined at Mr. [blank]. Rode to Dr. Foster's [and] had some conversation about the Post Office and other Similar matters. Foster had some feelings on the occasion. Returned to the office. Walked a way with Elder Young at about 3 P.M. (2)
-- about Feb 24, 1843
Nauvoo, Illinois. Joseph Smith dictated a 78-stanza poem written for William W. Phelps that was based on the revelation in Doctrine & Covenants 76. (3)
-- Feb 25, 1843
[Joseph Smith Diary] Saturday, February 25th 1843 Received a Gold watch. A.M. in city council. 3 o'clock P.M. met after adjournment. I have read the Constitution and find my doubts removed. The Constitution is not a law, but empowers the people to make laws. Constitution govern the lands of Iowa but is not a law for the people. Constitution tells what shall not be [awful tender. Constitution Section 10. This is not saying gold and silver shall be lawful tender. It only provides the states may make a law to make gold and silver lawful Tender.
The Legislature have ceded up to us the privilege of enacting laws. We stand in the same relation as the State. This clause is for the Legislature, is not a law for the people [and is] diametrically contrary to the Constitution. This state have passed a stay law, making it lawful /to/ tender property and if we [do] not [say we want] no [such] law, we must be governed by them.
Shall we be such fools as to abide their laws which are unconstitutional? No! We will make a law for gold and silver. Then their law ceases and we can collect our debts. "Powers not delegated to the states or reserved from the states" is constitutional. Congress or Constitution acknowledged that the people have all power not reserved to itself.
/I am a Lawyer/. I am big lawyer and comprehend heaven, earth, and hell to bring forth knowledge which shall cover up all Lawyers and doctors. This is the doctrine of the Constitution so help me God. The Constitution is not law to us, but provision to make laws. Where it provides that no one shall not be hindered from worshipping God according to his own conscience is [it] a law. No legislature can enact a law to prohibit. Constitution provides to regulate bodies of men not individuals.
[Daniel H.] Wells objected to its taking effect immediately. O[rson] Pratt amended to 1st June. O[rson] Spencer said he could have wished Daniel Webster the Lion of the East had heard the Lion of the west in the choir. Unnecessary to wait, so said [Brigham] Young. Ordinance Regulating the currency before the council. [W. W.] Phelps and [Willard] Richards were invited to give an opinion (by the Mayor [Joseph]) and did in affirmative and left afterward the Mayor gave another speech.
[Oliver] Olney come to the Marshalls and was inm[ated]. (2)
-- February 25th 1843
[High Council Minutes]
Council met according to adjournment at Law's Store in Nauvoo.
William Marks and Charles C. Rich Presiding
Council Present viz 1) Eli Norton pro tem. 2) Allred 3) Wilson 4) Cutler 5) Fulmer 6) Harris 7) Grover 8) Johnson 9) Knight 10) Huntington 11) David Evans pro tem. 12) Tarlton Lewis pro tem. Prayer by President Rich.
The following case was then taken into consideration which had been appealled from the Court of Bishop Isaac Higbee by W. Edwards to wit:
"The copy of a charge prefered before me, and was acted upon the 12th of February 1843.
We, the Teachers of the Church of Jesus Christ of Latter Day Saints, prefer a charge against Sister Parker, the wife of Joseph Parker, and William Edwards, and wife, for refusing to settle a difficulty, that now exists between them
Signed J.W. Huntsman
Dated Feb the 19th 1843 Samuel Eggleston
Then the parties appeared for trial J. W. Huntsman in [torn, probably "indicated"] the particulars of the difficulty said that sister Parker said she saw a pig killed and took into Br Edward's house which circumstance Br and Sister Edwards denied. After hearing the testimony it was my decision that Bo and Sister Edwards be no longer members of the Church
Isaac Higbee"
Decided that one speak on a side to wit: 9) Knight & 10) Huntington. after hearing the evidence it was the Decision of President Marks that the charge was not sustained and that Br. Edwards and wife be acquited; which was sanctioned by the Council unanimously.
Council adjourned half an hour and convened accordingly
The following case was then taken up which had been appealed from from the Court of Bishop Johnathan H. Hale, by Chandler Holbrook to wit
"Nauvoo City February 10th 1843
To the Bishop of the Ninth Hard, Johnathan H Hale and his Councellors.
Sirs I prefer a charge against Charles Shumway, for not paying the first consideration of a note, or what is now due of a note given January or February 1842; for borrowed money, which was to be paid the Spring following. Given by Charles Shumway, and the note was given up to Charles Shumway and Joseph Holbrook's note was given for the principal & and interest of said note that is given up, under consideration that Charles Shumway should pay the note that J. Holbrook gave, if he recieved the money first which he agreed to do at that time. And he has received money since but has refused to pay said note.
Chandler Holbrook
This is to certify that the within charge was tried before the Bishop's Court of the 9th ward of the City of Nauvoo and not sustained
February 11th 1843
Voted that one speak on a side to wit 11) David Evans pro tem 12) Tarlton Lewis pro tem.
The Council in committee of the whole decided the charge was not sustained, unanimously.
Council adjourned till next Saturday at or near this place at 10 oclock A.M. (4)
Footnotes:
1 - Wilford Woodruff's Journal: 1833-1898 Typescript, Volumes 1-9, Edited by Scott G. Kenney, Signature Books 1993
2 - Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
3 - BYU Studies Journal, volume 46, no. 4: A Chronology of the Life of Joseph Smith
4 - Minutes of the High Council of the Church of Jesus Christ of Nauvoo Illinois: Nauvoo Hancock County Illinois
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