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Council of Fifty, Minutes, March 1844–January 1846; Volume 3, 6 May 1845–13 January 1846

6 May 1845 • Tuesday, continued Page 1 10 May 1845 • Saturday Page 4 9 September 1845 • Tuesday Page 13 30 September 1845 • Tuesday Page 33 4 October 1845 • Saturday Page 42 11 January 1846 • Sunday Page 85 13 January 1846 • Tuesday Page 109

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 [5]

The council was opened with prayer by E[lde]r
Levi Richards

14 Apr. 1799–18 June 1876. Teacher, mechanic, inventor, physician. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Baptized into Church of Jesus Christ of Latter-day Saints, 31 Dec. 1836, in Kirtland, Geauga Co., Ohio...

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.
The minutes of the last three councils were read and accepted.
7

On 22 April 1845 Amasa Lyman “moved that the reading of the minutes of the last meeting be dispensed with.” Though George A. Smith objected to this measure because reading the minutes was “a law of the council,” he was overruled and the minutes of the previous meeting were not read. A similar resolution was passed on 6 May 1845. There is no record of a similar vote taking place on 29 April, yet it appears that the council likewise decided to forgo reading the minutes on that occasion. (Council of Fifty, “Record,” 22 and 29 Apr. 1845; 6 May 1845.)


Er Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

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begged leave of absence on account of a press of business. He was excused.
Er
C. C. Rich

21 Aug. 1809–17 Nov. 1883. Schoolteacher, farmer, cooper. Born in Campbell Co., Kentucky. Son of Joseph Rich and Nancy O’Neal. Moved to Posey Township, Dearborn Co., Indiana, ca. 1810. Moved to Tazewell Co., Illinois, 1829. Baptized into Church of Jesus Christ...

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moved that the committee appointed to examine the law relative to this division of the Millitia of the
State

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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make their report.
8

On 15 April 1845 William W. Phelps, Albert P. Rockwood, and Rich were appointed to a committee to determine “the present standing of the Nauvoo Legion” according to Illinois law. (Council of Fifty, “Record,” 15 Apr. 1845.)


Coun.
W. W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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of the committee stated that they had examined the law on the subject and found that we, as a people, are not liable to be compelled to serve in the Militia, and if we do serve it will be by virtue of the commissions we hold.
9

Brigham Young had earlier suggested to Governor Thomas Ford that most Mormons were legally excused from service in the militia because of age or because they were licensed ministers of the gospel. Phelps’s statement about not being compelled to serve likely refers to these legal exemptions. His statement about the status of the Nauvoo Legion officers’ commissions was likely drawn from the provision on dividing regiments in the Illinois militia statute, which stated that when new regiments were created or divided, “commissioned officers, living in the bounds of any regiment so created, or of the old regiment, shall continue to hold their respective offices as though no such division had been made.” (Brigham Young, Nauvoo, IL, to Thomas Ford, Springfield, IL, 31 Mar. 1845, draft, Brigham Young Office Files, CHL; Militia [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], p. 358, sec. 6.)


Comprehensive Works Cited

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

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.

On motion the report of the committee was accepted, and they discharged. [p. [5]]
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Source Note

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Page [5]

Document Information

Related Case Documents
Editorial Title
Council of Fifty, Minutes, March 1844–January 1846; Volume 3, 6 May 1845–13 January 1846
ID #
11603
Total Pages
387
Print Volume Location
Handwriting on This Page
  • William Clayton

Footnotes

  1. [7]

    On 22 April 1845 Amasa Lyman “moved that the reading of the minutes of the last meeting be dispensed with.” Though George A. Smith objected to this measure because reading the minutes was “a law of the council,” he was overruled and the minutes of the previous meeting were not read. A similar resolution was passed on 6 May 1845. There is no record of a similar vote taking place on 29 April, yet it appears that the council likewise decided to forgo reading the minutes on that occasion. (Council of Fifty, “Record,” 22 and 29 Apr. 1845; 6 May 1845.)

  2. [8]

    On 15 April 1845 William W. Phelps, Albert P. Rockwood, and Rich were appointed to a committee to determine “the present standing of the Nauvoo Legion” according to Illinois law. (Council of Fifty, “Record,” 15 Apr. 1845.)

  3. [9]

    Brigham Young had earlier suggested to Governor Thomas Ford that most Mormons were legally excused from service in the militia because of age or because they were licensed ministers of the gospel. Phelps’s statement about not being compelled to serve likely refers to these legal exemptions. His statement about the status of the Nauvoo Legion officers’ commissions was likely drawn from the provision on dividing regiments in the Illinois militia statute, which stated that when new regiments were created or divided, “commissioned officers, living in the bounds of any regiment so created, or of the old regiment, shall continue to hold their respective offices as though no such division had been made.” (Brigham Young, Nauvoo, IL, to Thomas Ford, Springfield, IL, 31 Mar. 1845, draft, Brigham Young Office Files, CHL; Militia [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], p. 358, sec. 6.)

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

    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.

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