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Letter to Editor, 17 July 1843

Source Note

[
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, (Viator, pseud.)], Letter,
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....

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, Hancock Co., IL, to the Editor of Boston Daily Bee,
Boston

Capital city of Massachusetts, located on eastern seaboard at mouth of Charles River. Founded by Puritans, 1630. Received city charter, 1822. Population in 1820 about 43,000; in 1830 about 61,000; and in 1840 about 93,000. JS’s ancestor Robert Smith emigrated...

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, Suffolk Co., MA, 17 July 1843. Version published in Boston Daily Bee, 5 Aug. 1843, p. [2]; edited by C. J. Howland. Transcription from a digital image obtained from Newspaper Collection, Boston Public Library, Boston, Massachusetts, in 2024. For more complete source information, see the source note for Letter to Editor, 22–ca. 27 Apr. 1843.

Historical Introduction

See Historical Introduction to Letter to Editor, 22–ca. 27 Apr. 1843.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Letter to Editor, 17 July 1843, Draft
Letter to Editor, 17 July 1843
Letter to Editor, 17 July 1843, as Published in Nauvoo Neighbor History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page [2]

(Correspondence of the Boston Bee.)
VESTED RIGHTS OF
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....

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.
Mr Editor—After an abrupt leave, I am 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....

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again, and having been for many years what is called a constitutional man, and feeling a deep interest in the common welfare of all, so far as the rights of “Life, Liberty and the pursuit of Happiness” are concerned, you will pardon me as a legul advocate of vested Rights, (not your religious tenets, or any other’s, for I consider them as a matter connected with the soul) for once more offering you a little “Bee Bread.”
I am much pleased with the liberal powers of the charter of the goodly city of
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....

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. The Vested Rights, in that public document, are sufficient for all necessary purposes of a people whose greatest object appears to be to benefit mankind in this world, and happily them in the next. It is evident on the face of the instrument in question, that the Legislature of
Illinois

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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, or more properly the people of
Illinois

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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, through their representatives, have vested in the corporate body of
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....

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, over a certain district of Territory which may be increased in size at pleasure, all the rights, privileges and powers, which the said
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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possessed in her constitutional capacity, or could claim under the broad folds of the Constitution of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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.
When I first read the charter, I supposed it was circumscribed by the Statutes 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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; but upon a second reading, I saw the beauty of that “Magna Charta.” I saw that the Legislature of
Illinois

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...

More Info
had ceded to the City Council of the city of
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....

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, the power to legislate for the common weal of
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....

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. For a part of the 11th section of that Act, reads as follows:—
“The City Council shall have power and authority to make, order, establish and execute all such ordinances, not repugnant to the Constitution of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, or of this
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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, as they may deem necessary for the peace, benefit, good order, regulation, convenience, and cleanliness of said
city

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....

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.”
Now, if words mean any thing, here certainly are vested rights, as sacred, as substantial, and, according to the terms of the Charter (perpetual succession,) as durable as those 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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, or the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, for the “benefit and convenience” of the citizens of
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
, and her posterity, ad infinitum. It is a wise, liberal and substantial foundation for those who may be so fortunate as to share the salutary effects of its ordinances, and partake of its growing blessings. If
Illinois

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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has power to enact laws for the “benefit,” and “convenince” of her inhabitants, [s]o has
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....

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for her citizens. If the Constitution of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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protects
Illinois

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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in her vested rights,
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....

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has the same claim, and the same power to control it. And if the City Council of
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....

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, should pass an unconstitutional act or ordinance, literally repugnant to the Constitution of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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or of this
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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, all that could be done would be to declare it void by some court having competent jurisdiction, and there the matter ends, without any recourse upon the charter any more than there is recourse upon the constitution 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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for unconstitutional acts that so frequently disgrace the statutes of the several States.
When I heard that the Legislature, last winters, was laboring to repeal or modify the said charter, it put me in mind of a father and son, who owned a horse which they were too lazy to prove, and bring out his good qualities; but a gentlemen observing him, purchased and in a few days passed by with the noble animal in full mounted harness attached to an elegant carriage, attracting the attention of all that saw him. The son immediately besought his father to sue and get the horse back, but the old man drily replied—’It takes two to make a bargaing.’ So if the Legislature should repeal or alter the charter of
Nauvoor

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....

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without the consent of the citizens, they have only to put a quietus on the act, through the Supreme Court of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, as many other cases have been, according to her Reports.
Reserved rights and Vested rights are very different, and had the Legislature reserved any important point in the charter, and the city council used it, without the consent, mutually, of both parties, they would have been held amenable to the supreme court for the usurpation of that power. But when the “benefit and convenience” of
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
, demands ordinances no broader than the Constitution of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, and that of
Illinois

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...

More Info
justifies, no matter whether there is uny law on that subject or not, the city council has only to show their wisdom by their ordinances, and ther power by their virtues, and how beautifully the world will behold emperium in emperio.
Recenty there has been much said about the powers of the Municipal Court of said
city

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....

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, because that court had the right to issue writs of
Habeas Corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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under “their own ordinances.” Any man that objects to this power of the Municipal Court, is ignorant of the vested rights of the Constitution of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, for “the privilege of the writ of Habeas Corpus shall not be suspended, unless, when in cases of rebellion and invasion, the public safety may require it.” The highest obligation is, that the writ according [t]o the charter, must be confined to cases ar[i]sing from the ordinances. Just so. If the writ was not issued upon the direction and [ru]les of ordinances, what would govern it? Do the Circuit and Supreme Courts 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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[i]ssue writs of Habeas Corpus on the laws of the [S]tate, or upon the laws of Spain, Portugal, [o]r the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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? Does the Supreme Court of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, exercise the right [o]f Habeas Corpus upon the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, or [u]pon the several States, or upon an Ukase [o]f the Emperor Nicholas, of Russia?
Again the Municipal Court of
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....

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consists of several persons, whereas the Circuit Court is one man only; and the world has yet to learn that a “a little brief authority,” is as judiciously exercised, by one man, as by six—why, the good old Law Book says “in the midst of counsellors there is safety.”
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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, of late, made a most desperate and illegal attempt to force the Mormon prophet into her bosom, but met with a most sublime failure.—After having once been thrust from her warm embrace by pointed steel and burning Sulphur, he seems not anxious to throw himself again upon their renewed offers of hospitality and “pretended justice;” yet Gen. Smith treated the agent of the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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with all due respect; introdcing him to his family, and seating him at the head of his table. All is quiet at
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
.
Yours,
Viator

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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.
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
, July 17, 1843. [p. [2]]
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Editorial Title
Letter to Editor, 17 July 1843
ID #
12529
Total Pages
1
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