Barnett, not a Mormon but sympathetic to the church, was a member of the Hancock County Commissioners’ Court from Nauvoo. According to Illinois law, any town with a population of at least 150 men could be legally incorporated by a two-thirds majority vote at a public meeting. Following a vote to incorporate, the newly appointed president and trustees would have to bring a certified tally of the votes to the county commissioners’ court. Under this law, the residents of Nauvoo would have been able to appoint a president and board of trustees who would have had some of the powers of the mayor and city council under the revoked Nauvoo charter. Three days after this council, Brigham Young stated that the purpose of this incorporation was to provide for the defense of the city. Hosea Stout recorded that Young “informed us that it [is] in contemplation to incorporate one mile Square of the City so as to include the Temple Nauvoo House and other public property which could be done according to the Statute Laws of Illinois and thus keep up a legal police for the protection of our lives and property.” (Oaks and Hill, Carthage Conspiracy, 46; Corporations [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], pp. 111–112, 114, secs. 1–4, 10–14; Stout, Journal, 25 Mar. 1845.)
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
Stout, Hosea. Journal, Oct. 1844–May 1845. CHL. MS 1910.
At its previous meeting the council approved George A. Smith’s resolution to petition the county commissioners’ court to divide Nauvoo into ten precincts to provide a force of constables to defend the city. Pratt’s uncertainty here may have been based on outdated information. According to the 1829 statute governing elections in Illinois, county commissioners’ courts were able to divide their counties into no more than eight precincts. However, this limitation was removed in an 1835 amendment. The 1845 revision of the statute likewise stated that the county commissioners’ courts were “authorized to divide their respective counties into as many election precincts . . . as they may think expedient for the convenience of the voters of said county.” (Council of Fifty, “Record,” 18 Mar. 1845; An Act Regulating Elections [10 Jan. 1829], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 260–261, sec. 2; An Act to Amend “An Act Regulating Elections” [29 Jan. 1835], Public and General Statute Laws of the State of Illinois [1834–1837], p. 273, sec. 1; Elections [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], p. 215, sec. 7.)
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.
Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.
TEXT: Possibly “He The”.