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Council of Fifty, Minutes, March 1844–January 1846; Volume 2, 1 March–6 May 1845

1 March 1845 • Saturday, continued Page 1 4 March 1845 • Tuesday Page 32 11 March 1845 • Tuesday Page 77 18 March 1845 • Tuesday Page 131 22 March 1845 • Saturday Page 181 25 March 1845 • Tuesday Page 231 5 April 1845 • Saturday Page 266 11 April 1845 • Friday Page 267 15 April 1845 • Tuesday Page 327 22 April 1845 • Tuesday Page 349 29 April 1845 • Tuesday Page 355 6 May 1845 • Tuesday Page 361

Source Note

See source note under Council of Fifty, Minutes, March 1844–January 1846; Volume 1, 10 March 1844–1 March 1845.

Historical Introduction

See historical introduction under Council of Fifty, Minutes, March 1844–January 1846; Volume 1, 10 March 1844–1 March 1845.

Page [210]

and letters to send by
New York

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

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to those brethren in the
society Islands

Volcanic islands in southern Pacific Ocean, east of Friendly Islands (now Tonga). Polynesian settlement, ca. 800 AD. Discovered by Portuguese navigator Pedro Fernandez de Quiros, 1606. Claimed by Captain Samuel Wallis of Britain, 1767, and by Captain Louis...

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.
307

Benjamin F. Grouard and Addison Pratt were also serving as missionaries in the Society Islands. (Quorum of the Twelve Apostles, Minutes, 23 May 1843; “From the Society Islands,” Times and Seasons, 15 Mar. 1845, 6:835–838.)


Comprehensive Works Cited

Quorum of the Twelve Apostles. Minutes, 1840–1844. CHL.

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

He nominated and appointed
O. Pratt

19 Sept. 1811–3 Oct. 1881. Farmer, writer, teacher, merchant, surveyor, editor, publisher. Born at Hartford, Washington Co., New York. Son of Jared Pratt and Charity Dickinson. Moved to New Lebanon, Columbia Co., New York, 1814; to Canaan, Columbia Co., fall...

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and
O. Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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to be that committee.
A vote was taken and the committee were accepted unanimously.
The
chairman

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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requested the committee to be ready to report at the next council.
Two letters were then read from
James Arlington Bennett [Bennet]

21 Dec. 1788–25 Dec. 1863. Attorney, newspaper publisher, educator, author. Born in New York. Married first Sophia Smith, 8 May 1811. Served as third and later second lieutenant in First U.S. Artillery, 1 Aug. 1813–14 Oct. 1814. Published American System ...

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of
Long Island

Island off mainland New York state; located on east coast of United States and separated from mainland by Long Island Sound and East River. One hundred twenty miles long and average of about ten miles wide. Settled 1636. Population in 1835 about 71,000. Branch...

More Info
308

James Arlington Bennet, New York, to Brigham Young et al., Nauvoo, IL, 27 Feb. 1845; James Arlington Bennet to Brigham Young et al., 3 Mar. 1845, Brigham Young Office Files, CHL. Bennet’s letters responded to one written by Brigham Young and other church leaders on 1 February 1845 asking for advice on how to respond to the Illinois legislature’s repeal of the Nauvoo charter. Bennet, a prominent New York author, educator, and attorney, had previously supported the Latter-day Saints. He was baptized by Young in 1843, though he afterward characterized the event as “a glorious frolick in the clear blue ocean” and never took an active role in the church. In his first response, dated 27 February 1845, Bennet advised church leaders to “take no notice of the Legislative Act of Repeal” until the state took further action. The city’s best defense, according to Bennet, would be the precedent of the 1819 U.S. Supreme Court ruling in Dartmouth College v. Woodward. In that case, Daniel Webster had argued for the college that New Hampshire had no right to repeal the college’s charter, as this action violated article 1, section 10 of the U.S. Constitution, which prohibited states from passing laws “impairing the obligation of contracts.” The Supreme Court accepted this reasoning in its ruling. Bennet thus advised the church leaders that if the Nauvoo charter had “conveyed the smallest amount of property or the management of property,” then they would be “safe” because the repeal of the charter would thus be an unconstitutional impairing of the contract by which the property was conveyed. If the city had not conveyed property, Bennet warned, “your existance as a city is doubtful.” Bennet’s second letter, dated 3 March 1845, suggested a slightly different approach. He advised that rather than wait for the state of Illinois to bring an action against Nauvoo, city officials should take the initiative and create a situation that raised the question of contract by conveying some property in Nauvoo to an individual, which could then be sold to another individual “for an advanced sum of money.” The final purchaser should then remove to another state and “commence a Suit in the U States Courts for the money paid,” which would “bring up the question of title under your City Charter & will involve the Constitu[tio]nal queston of the Power of your Legislature to impair the obligation of Contracts” by repealing the charter. The final purchaser needed to move to another state so that the Supreme Court would have jurisdiction to hear the case; if the seller and the purchaser both resided in Illinois, then the Illinois courts would have jurisdiction. Bennet offered his own legal services for free and counseled the Latter-day Saints to hire another New York attorney as well. (James Arlington Bennet, Arlington House, Long Island, NY, to JS, Nauvoo, IL, 24 Oct. 1843, JS Collection, CHL; Dartmouth College v. Woodward, 17 Peters 518 [1819].)


Comprehensive Works Cited

Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

Peters / Peters, Richard. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 17 vols. Various publishers, 1828–1843.

and one from
Daniel Webster

18 Jan. 1782–24 Oct. 1852. Lawyer, politician. Son of Ebenezer Webster and Abigail Eastman. Born in Salisbury (later in Franklin), Rockingham Co., New Hampshire. Graduated from Dartmouth College, in Hanover, Grafton Co., New Hampshire, Aug. 1801. Principal...

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on the subject of the repeal of our charters.
309

Like Bennet, Daniel Webster had received a 1 February 1845 letter from church leaders seeking advice on the repeal of the Nauvoo charter. Webster, a former U.S. senator and secretary of state, on 4 March 1845 had begun another term as a U.S. senator for Massachusetts from the Whig Party. In his response to Young dated 3 March 1845, Webster wrote, “It has generally been understood, that corporations, merely political, like those of Counties & Cities, were subject to legislative alterations, provided such alterations did not affect private property. I could not give any useful opinion, respecting your case, till I know more of the circumstances.” (Brigham Young et al., Nauvoo, IL, to Daniel Webster, Boston, MA, 1 Feb. 1845, microfilm, Illinois State Historical Society Papers, CHL; Daniel Webster, Washington DC, to Brigham Young et al., 3 Mar. 1845, Brigham Young Office Files, CHL.)


Comprehensive Works Cited

Young, Brigham, et al. Letter, Nauvoo, IL, to Daniel Webster, Boston, MA, 1 Feb. 1845. Illinois State Historical Society Papers. Microfilm. CHL.

Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

Also two letters from
Lyman Wight

9 May 1796–31 Mar. 1858. Farmer. Born at Fairfield, Herkimer Co., New York. Son of Levi Wight Jr. and Sarah Corbin. Served in War of 1812. Married Harriet Benton, 5 Jan. 1823, at Henrietta, Monroe Co., New York. Moved to Warrensville, Cuyahoga Co., Ohio, ...

View Full Bio
s company showing the prosperity of that company.
310

These are probably letters from Asher and Effelender Gressmen and Sophia Munroe, written between November 1844 and January 1845, to friends in Iowa Territory. Archival markings on the letters suggest they were given to Willard Richards shortly after they were received. The Gressmens described the favorable conditions the company had experienced while traveling to Wisconsin as well as the state of the company; at a 6 November 1844 conference, the Gressmens reported, “a vote of thanks [was] taken to the grate god fore his goodness . . . fore truley the Lord god has been with us.” (Asher Gressmen and Effelender Gressmen, Valley of Loami, Wisconsin Territory, to Levi Moffett, Des Moines Co., Iowa Territory, 6 Nov. 1844, CHL; Sophia Munroe, Valley of Loami, Wisconsin Territory, to Jane Rigby, Augusta, Iowa Territory, 26 Dec. 1844 and 13 Jan. 1845, CHL.)


Comprehensive Works Cited

Gressmen, Asher, and Effelender Gressmen. Letter, Valley of Loami, Wisconsin Territory, to Levi Moffett, Des Moines Co., Iowa Territory, 6 Nov. 1844, CHL.

Munroe, Sophia. Letter, Valley of Loami, Wisconsin Territory, to Jane Rigby, Augusta, Iowa Territory, 26 Dec. 1844 and 13 Jan. 1845. CHL.

Coun.
G. A. Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...

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wished to suggest the propriety of soliciting
General Demming [Miner R. Deming]

24 Feb. 1810–10 Sept. 1845. Teacher, farmer. Born in Sharon, Litchfield Co., Connecticut. Son of Stephen Deming and Sarah Buel. Moved to Cincinnati, 1836. Married Abigail Barnum, 2 Aug. 1836, in Danbury, Fairfield Co., Connecticut. Moved to St. Mary’s Township...

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to appoint about a dozen deputy sheriffs to take care of the marauders in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
. [p. [210]]
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Source Note

Document Transcript

Page [210]

Document Information

Related Case Documents
Editorial Title
Council of Fifty, Minutes, March 1844–January 1846; Volume 2, 1 March–6 May 1845
ID #
11602
Total Pages
385
Print Volume Location
Handwriting on This Page
  • William Clayton

Footnotes

  1. [307]

    Benjamin F. Grouard and Addison Pratt were also serving as missionaries in the Society Islands. (Quorum of the Twelve Apostles, Minutes, 23 May 1843; “From the Society Islands,” Times and Seasons, 15 Mar. 1845, 6:835–838.)

    Quorum of the Twelve Apostles. Minutes, 1840–1844. CHL.

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

  2. [308]

    James Arlington Bennet, New York, to Brigham Young et al., Nauvoo, IL, 27 Feb. 1845; James Arlington Bennet to Brigham Young et al., 3 Mar. 1845, Brigham Young Office Files, CHL. Bennet’s letters responded to one written by Brigham Young and other church leaders on 1 February 1845 asking for advice on how to respond to the Illinois legislature’s repeal of the Nauvoo charter. Bennet, a prominent New York author, educator, and attorney, had previously supported the Latter-day Saints. He was baptized by Young in 1843, though he afterward characterized the event as “a glorious frolick in the clear blue ocean” and never took an active role in the church. In his first response, dated 27 February 1845, Bennet advised church leaders to “take no notice of the Legislative Act of Repeal” until the state took further action. The city’s best defense, according to Bennet, would be the precedent of the 1819 U.S. Supreme Court ruling in Dartmouth College v. Woodward. In that case, Daniel Webster had argued for the college that New Hampshire had no right to repeal the college’s charter, as this action violated article 1, section 10 of the U.S. Constitution, which prohibited states from passing laws “impairing the obligation of contracts.” The Supreme Court accepted this reasoning in its ruling. Bennet thus advised the church leaders that if the Nauvoo charter had “conveyed the smallest amount of property or the management of property,” then they would be “safe” because the repeal of the charter would thus be an unconstitutional impairing of the contract by which the property was conveyed. If the city had not conveyed property, Bennet warned, “your existance as a city is doubtful.” Bennet’s second letter, dated 3 March 1845, suggested a slightly different approach. He advised that rather than wait for the state of Illinois to bring an action against Nauvoo, city officials should take the initiative and create a situation that raised the question of contract by conveying some property in Nauvoo to an individual, which could then be sold to another individual “for an advanced sum of money.” The final purchaser should then remove to another state and “commence a Suit in the U States Courts for the money paid,” which would “bring up the question of title under your City Charter & will involve the Constitu[tio]nal queston of the Power of your Legislature to impair the obligation of Contracts” by repealing the charter. The final purchaser needed to move to another state so that the Supreme Court would have jurisdiction to hear the case; if the seller and the purchaser both resided in Illinois, then the Illinois courts would have jurisdiction. Bennet offered his own legal services for free and counseled the Latter-day Saints to hire another New York attorney as well. (James Arlington Bennet, Arlington House, Long Island, NY, to JS, Nauvoo, IL, 24 Oct. 1843, JS Collection, CHL; Dartmouth College v. Woodward, 17 Peters 518 [1819].)

    Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

    Peters / Peters, Richard. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 17 vols. Various publishers, 1828–1843.

  3. [309]

    Like Bennet, Daniel Webster had received a 1 February 1845 letter from church leaders seeking advice on the repeal of the Nauvoo charter. Webster, a former U.S. senator and secretary of state, on 4 March 1845 had begun another term as a U.S. senator for Massachusetts from the Whig Party. In his response to Young dated 3 March 1845, Webster wrote, “It has generally been understood, that corporations, merely political, like those of Counties & Cities, were subject to legislative alterations, provided such alterations did not affect private property. I could not give any useful opinion, respecting your case, till I know more of the circumstances.” (Brigham Young et al., Nauvoo, IL, to Daniel Webster, Boston, MA, 1 Feb. 1845, microfilm, Illinois State Historical Society Papers, CHL; Daniel Webster, Washington DC, to Brigham Young et al., 3 Mar. 1845, Brigham Young Office Files, CHL.)

    Young, Brigham, et al. Letter, Nauvoo, IL, to Daniel Webster, Boston, MA, 1 Feb. 1845. Illinois State Historical Society Papers. Microfilm. CHL.

    Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

  4. [310]

    These are probably letters from Asher and Effelender Gressmen and Sophia Munroe, written between November 1844 and January 1845, to friends in Iowa Territory. Archival markings on the letters suggest they were given to Willard Richards shortly after they were received. The Gressmens described the favorable conditions the company had experienced while traveling to Wisconsin as well as the state of the company; at a 6 November 1844 conference, the Gressmens reported, “a vote of thanks [was] taken to the grate god fore his goodness . . . fore truley the Lord god has been with us.” (Asher Gressmen and Effelender Gressmen, Valley of Loami, Wisconsin Territory, to Levi Moffett, Des Moines Co., Iowa Territory, 6 Nov. 1844, CHL; Sophia Munroe, Valley of Loami, Wisconsin Territory, to Jane Rigby, Augusta, Iowa Territory, 26 Dec. 1844 and 13 Jan. 1845, CHL.)

    Gressmen, Asher, and Effelender Gressmen. Letter, Valley of Loami, Wisconsin Territory, to Levi Moffett, Des Moines Co., Iowa Territory, 6 Nov. 1844, CHL.

    Munroe, Sophia. Letter, Valley of Loami, Wisconsin Territory, to Jane Rigby, Augusta, Iowa Territory, 26 Dec. 1844 and 13 Jan. 1845. CHL.

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