This week for my D&C class I was asked to read the minutes from the meeting in which the High council was organized in Kirtland on February 17, 1834 from the Revelations and Translations series of the Joseph Smith Papers. An edited version of these minutes can be found in section 102 of the Doctrine and Covenants.
This council was created to settle disputes in the church. I think it's very interesting how much of a judicial system there is in the church. Joseph Smith definitely had reason to dislike the courtroom. He was often accused of crimes which he did not commit, and was even brought to court for crimes he had already been acquitted for...more than once. One might think that these experiences would lead the prophet to either have a very limited or nonexistent judicial system in the church. However, the opposite is true. I think that, while Joseph believed essentially in the structure of the country, he realized that, in practice, it was not run how it was intended, and in consequence, Joseph was treated very unfairly by the law.
The system of judging set forth in section 102 is very interesting in how much emphasis there is on ensuring that the person on trial is judged fairly. For example, each of the council members is told to draw a number to determine the speaking order, and whoever draws even numbers has to speak for the defendant. Also, both the accuser and the accused are granted the right to speak to the council after the evidences are put forth. The president of the council then makes a decision, which must be unanimously sanctioned by the other members, or else there will be a re-hearing.
One thing I found interesting when studying the difference between the earliest version of this text and the canonized version was the very end of the section. In the Joseph Smith Papers, this line reads: “The council then adjournd to meet on wednesday the 19th Inst. At 10 O'cl'k A.M.” Today in the D&C, and also in the 1835 version of the Doctrine and Covenants, it reads: “After prayer the conference adjourned.” I thought it was interesting that when the minutes were edited for church wide publication, it was important to add that they ended with a prayer. Even though this council held a more government-like role in the church, it was very important to do everything unto the Lord and always have His spirit with them, and I believe it was very important for the saints to see that as a model for their lives.
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