[High Council Minutes]
Met according to adjournment at the Lodge Room. H. Smith W. Marks & C.C. Rich Presiding
Councellors present 1) John Snider pro tem 2) Allred 3) Wilson 4) Cutler 5) Fulmer 6) Harris 7) Grover 8) Johnson 9) Knight 10) Huntington 11) Soby 12) Isaac Higbee pro tem.
Prayer by President H. Smith
Charge against Josiah Ells. Appealed by Ells from the decision of the Elders Quorum at Laharpe branch, Viz.
"LaHarpe January 24th 1843.
Br Josiah Ells.
Sir, the following charges are prefered against you before the Elders Quorum in the Branch of the Church of Jesus Christ of Latter Day Saints in this place to wit
Charge 1st For killing two hogs in the woods about the 15th of November last not which were not his
Charge 2nd On or about the first January present month that the said Josiah Ells did kill or cause to be killed one of Dr Coulston's hogs without said Coulston's knolwedge, and converting it to his own use.
Charge 3rd For lying about a settlement with James Dunn for some oats and calling him an old lying hy[p]ocrite.
Charge 4th For taking Br. Griffith's potatoes contrary to the stipulated agreement, to the injury of the said Griffith.
Charge 5th For fraudantly obtainin one hundred and twenty dollars from Br Huddleston. (1)
-- Feb 19, 1843
[Apostle Wilford Woodruff Journal] 19 Sunday I spent the time at home. (2)
[Joseph Smith Diary] Sunday, February 19th 1843 From 9 A.M. to 1 P.M. with /High Council/ listening to the proof of a great Big nothing in a case between Wilson Law and [blank [Uriel C.]] Nickerson who had been fighting some time previous. I explained the laws of the U[nited] S[tates and] the laws of Iowa and Illinois. Shewed them that Nickerson had the oldest claim and best right and left it for the law to say how much Nickerson should have. The parties shook hands in token of settlement of all difficulties.
Monday morning, February 20th About 70 of the brethren come together according to previous notice and drawed, sawed, chopped, split, moved, and piled a large lot of wood /for the Prophet/. The day was spent by them in much pleasentry, good humor, and feeling. A white oak log 5 f[ee]t, 4 inches [in] diameter was cut through with a cross saw in 4 1/2 minutes by Hiram Daton and Bro[ther] Tidwell. /This tree was cut and drawed by Joseph
/From 9 to 11 [A.M.] reciting in German. From 11 to 12 [A.M.] in court in brick store on assumpsit Charles R. Dana vs. W[illia]m B. Brink. Adjourned for ten days. /Snow melted away so as to destroy sl[e]ighing
/Last night Arthur Milikin had a quantity of books stolen and found them at 3 this P.M. in Hyrum Smith's Hayloft. Thomas Morgan and Robert Taylor (Morgan 15, Robert Taylor 13 years old next April) /both members of the Church/ were arrested on suspicion in the forenoon. On finding the books [they] immediately went to trial before the Mayor having had a brief examination about noon. Court adjourned till 10 [A.M.] tomorrow.
While the court was in session 2 boys were seen fighting in the street by Mill's tavern. The Mayor [Joseph Smith] saw it and ran over immediately, caught one of the boys (who had began the fight with clubs) and stopped him and then the other. [Joseph] gave the bystanders a lecture for not interfering in such cases and returned to court. "No body is allowed to fight in this city but me," said the Mayor.
/This day John Q. Adams presented a petition to the House of Representatives signed by 51,863 citizens of Mass[achuset]ts praying Congress "to pass such acts and prepare such amendments to the Constitution as will seperate the petitioners from all connection with the institution of slavery."
/Evening called at <Kimballs>. (3)
-- February 19th 1843
[High Council Minutes]
The Council met according to adjournment at the Lodge Room. President Joseph & Hyrum Smith William Marks & Charles C. Rich Presiding.
Councillors present 1) John Snider pro tem 2) Allred 3) Wilson 4) Cutler 5) Fulmer 6) Harris 7) Grover 8) Johnson 9) Knight 10) Huntington 11) Soby 12) Isaac Higbee pro tem.
Prayer by Alpheus Cutler.
The case of Wilson Law and M C. Nickerson was brought up wherein a charge was prefered against Wilson Law by M.C. Nickerson and also a charge against Nickerson by Law.
There being charges prefered by both parites against each other the Council decided that they should go into an investigation of all their difficulties on both sides of the question, both parties to bring up all matters of grievances against each other which was also according to the wish of the parties. M.C. Nickerson to be plaintiff. One were appointed to speak on a side Viz. 7) Grover and 8) Johnson.
There were a great many witnesses on both sides and a very long trial ensued which lasted from 9 o'clock A.M. till midnight. The essential grounds of difficulty was concerning the title to some of the islands in the Mississippi River both parties supposing they had a good right to the same island or a part of an island. The matter was as follows. There had been a decree, in the Court of Chancery in Iowa Teritory, to sell the said islands as a part of the "half breed" track of land and Nickerson put in money with Arthur Morrison, to buy his claim, who was to bid it off for him & make a deed to Nickerson, which he did not do but sold the island to Brs Laws & did not reserve the claim for Nickerson which he had purchased with Nickerson money neither did he let Brs Laws know the situation of Nickerson's Claim. Neither party knew the situation of the others claim and each party supposed the other to be trespassing on his claim. Moreover there was a Law in the Teritory of Iowa whi
ch guarenteed to each actual settler his claim on certain conditions by which law Nickerson had a good title to his claim.
President Joseph Smith spoke at length on the subject clearly showing the situation of the affair, and what was the true nature of the titles to the islands. That they did not belong to the "Half Breed tract" and also that the Court of Chancery had no right to sell them. That they were refused lands which the government did not see fit to do any thing with consequently were free plunder or belonged to the actual settler &c although, as they were to be sold, it was best that the brethren buy them to avoid any difficulty with those out of the Church, who might buy them &c
As the matter appointed appeared to be, whether Law should give Nickerson a title to his claim according to the money he put in or not (ie) a title from the Court of Chancery such as he had. That taking the situation of the islands into consideration and the nature of their titles he have it as the following decision.
Let Br Laws deed what they feel that they can conscientiously do to Nickerson & let Nickerson say that he will accept it and strike hands in friendship which decision was sanctioned by the Council
Adjd till the 25th inst.
H Stout Clerk (1)
Footnotes:
1 - Minutes of the High Council of the Church of Jesus Christ of Nauvoo Illinois: Nauvoo Hancock County Illinois
2 - Wilford Woodruff's Journal: 1833-1898 Typescript, Volumes 1-9, Edited by Scott G. Kenney, Signature Books 1993
3 - Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
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