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Agreement with Daniel C. Davis, 21 October 1839

Source Note

JS, Agreement, with , [], Hancock Co., IL, 21 Oct. 1839; handwriting of ; signatures of JS and ; witnessed by ; three pages; JS Collection, CHL. Includes docket.
Bifolium measuring 11⅝ × 7½ inches (30 × 19 cm) when folded. The document was trifolded in letter style and then folded again. The text block appears on the first three pages; the final half of the third page is blank, and inscribed a docket on the fourth page. The agreement was likely retained by JS. It was included in the JS Collection (Supplement) between 1974 and 1984.

Footnotes

  1. [1]

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

Historical Introduction

On 21 October 1839, JS entered into an agreement with pertaining to the operation of a ferry between , Illinois, and , Iowa Territory. In April 1839, the had obtained rights to operate a ferry in connection with the purchase of land from . In this case, a “ferry” did not refer to one watercraft but to “the right of transporting passengers over a lake or stream.” Therefore, the church’s ferry would operate with multiple boats, though this agreement suggests that Davis would use a specific horse ferry—a boat “propelled by two horses, one on each side, working a treadmill.” On behalf of the church, helped and Davis purchase the horse boat, which had likely been used in a previous ferry operation in the area. On 19 September 1839, Abraham O. Smoot reported that “the fery at Commerce is now in the hands of the bishops.”
With the groundwork already in place, the met on 20 and 21 October 1839 to consider officially establishing the ferry. This agreement with carried out the council’s decisions. On 20 October, the high council first determined to restrict independent ferry services and “disfellowship any person of said Church that shall ferry or carry over the people or freight— to injury of the ferry.” This decision conformed to state law, which protected those licensed to operate ferries—and who were therefore responsible for paying annual taxes—by assigning them “exclusive privilege” of ferrying services in the area. The council then allowed for the previously purchased “horse boat [to] be repaired out of the sale of Church land.” Finally, the council selected Davis to serve as captain of the ferry for the following year. On 21 October, after the high council met again to finalize the terms of Davis’s employment, the arrangement was drawn up as an agreement between JS and Davis. Davis was to turn over the profits to JS every week and report to the high council every month. He would be paid thirty dollars a month for managing the ferry animals, apparatus, staff, and business.
This agreement was prepared by , who was appointed JS’s clerk by the high council at its 21 October 1839 meeting. The copy featured here was retained by JS.

Footnotes

  1. [1]

    Isaac Galland to George W. Robinson, Bond, 30 Apr. 1839, Hancock Co., IL, Deed Records, 1817–1917, vol. 12-G, p. 247, 30 Apr. 1839, microfilm 954,195, U.S. and Canada Record Collection, FHL; Agreement with George W. Robinson, 30 Apr. 1839. Galland had previously received these rights from the Illinois legislature. (An Act to Incorporate the Commerce Hotel Company [28 Feb. 1839], Incorporation Laws of the State of Illinois, p. 154, sec. 11.)

    U.S. and Canada Record Collection. FHL.

    Illinois Office of Secretary of State. Enrolled Acts of the General Assembly, 1818–1993. Illinois State Archives, Springfield.

  2. [2]

    “Ferry,” in American Dictionary [1828]. In defining this term, Noah Webster noted his belief that using the term to refer to “a boat or small vessel” had become “entirely obsolete, at least in America” (italics in original).

    An American Dictionary of the English Language: Intended to Exhibit, I. the Origin, Affinities and Primary Signification of English Words, as far as They Have Been Ascertained. . . . Edited by Noah Webster. New York: S. Converse, 1828.

  3. [3]

    “Old Times,” Nauvoo (IL) Rustler, 26 Sept. 1916, 1.

    Nauvoo Rustler. Nauvoo, IL. 1890–1924.

  4. [4]

    Knight, Account Book, 7.

    Knight, Vinson. Account Book, 1839–1842. Microfilm. CHL.

  5. [5]

    Abraham O. Smoot to Wilford Woodruff, in Phebe Carter Woodruff, Montrose, Iowa Territory, to Wilford Woodruff, New York City, NY, 19 Sept. 1839, digital scan, Wilford Woodruff, Collection, CHL.

    Woodruff, Wilford. Collection, 1831–1905. Digital scans. CHL. Originals in private possession.

  6. [6]

    Nauvoo High Council Minutes, draft, 20 Oct. 1839; Notice, Times and Seasons, June 1840, 1:127.

    Nauvoo High Council Minutes, 1839–1845. Draft. CHL.

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

  7. [7]

    An Act to Provide for the Establishment of Ferries, Toll Bridges and Turnpike Roads [12 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 307, sec. 9.

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  8. [8]

    Nauvoo High Council Minutes, draft, 20 Oct. 1839. The horse boat may have been damaged before it was purchased or may have sustained damage during the previous month.

    Nauvoo High Council Minutes, 1839–1845. Draft. CHL.

  9. [9]

    Nauvoo High Council Minutes, draft, 20 Oct. 1839.

    Nauvoo High Council Minutes, 1839–1845. Draft. CHL.

  10. [10]

    Nauvoo High Council Minutes, draft, 21 Oct. 1839.

    Nauvoo High Council Minutes, 1839–1845. Draft. CHL.

  11. [11]

    Nauvoo High Council Minutes, draft, 21 Oct. 1839.

    Nauvoo High Council Minutes, 1839–1845. Draft. CHL.

Page [2]

each Saturday night from the date hereof all monies— recieved and expended by him— The party of the second part— unto the said party of the First part— or unto such deputy or deputies as may be by him appointed— and to deliver into his or their hands all moneys which he have on hands, and obtained by him for ferriage on said Ferry.— And Also to lay before the of Said a true and correct statement of the proceeds— And expenditure of said ferry— on the evening of the last day of each month from the date hereof— And lastly to use all proper vigilance in order that that the rights and privileges of the owners of said Ferry be not tresspassed upon by the owners of Craft upon the — And in case of trespass to report the same immediately upon its coming to his knowledge— to the party of the first part or his deputy or deputies— or to some member of the above mentioned High Council—
And— The said party of the first part hereby binds himself (on behalf of said Church) to pay unto the said party of the second part— The sum of Thirty dollars per month in Consideration of the above mentioned services—
This Contract and agreement to be binding on the said contracting parties for the space of Twelve months from the date hereof and no longer unless renewed by mutual consent and agreement.— In Witness [p. [2]]
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Document Information

Related Case Documents
Editorial Title
Agreement with Daniel C. Davis, 21 October 1839
ID #
1981
Total Pages
4
Print Volume Location
JSP, D7:24–27
Handwriting on This Page
  • James Mulholland

Footnotes

  1. [3]

    Although it is unknown what the ferriage was for a trip between Montrose and Commerce, the following rates were established at Fort Madison, Iowa Territory, in 1838: passengers traveling by foot were charged 12½ cents, people riding on horseback were charged 37½ cents, and wagons were charged 1 dollar with an added cost of 25 cents for each additional horse or yoke of oxen. Livestock was ferried at the rate of 12½ cents per head of cattle and 6¼ cents per sheep or hog. (History of Lee County, Iowa, 438.)

    The History of Lee County, Iowa, Containing a History of the County, Its Cities, Towns, &c., a Biographical Directory of Citizens. . . . Chicago: Western Historical Co., 1879.

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