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Mayor’s Order to Henry G. Sherwood, 8 December 1843

Source Note

JS, Mayor’s Order,
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
, Hancock Co., IL, to [
Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

View Full Bio
], 8 Dec. 1843; handwriting of
William 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,...

View Full Bio
and
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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; signature of JS by
William 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,...

View Full Bio
; one page; JS Office Papers, CHL. Includes docket, seal, redactions, and use marks.
Single leaf measuring 9¾ × 7¾ inches (25 × 20 cm).
William 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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inscribed the recto, and
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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inserted a phrase. The leaf was trifolded and docketed on the verso. It also includes graphite redactions. In 2012 the order underwent conservation to repair separation along the folds.
1

See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.


Likely on or near 8 December 1843, the order was docketed by
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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, who served as JS’s scribe from 1843 to 1844.
2

Jessee, “Writing of Joseph Smith’s History,” 456, 458. In December 1843, Bullock docketed and copied many of JS’s letters as well as municipal and legal documents so that copies could be forwarded to Illinois governor Thomas Ford. (See, for example, Affidavit from Daniel Avery, 28 Dec. 1843.)


Comprehensive Works Cited

Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

The redactions were likely made in 1855, when the order was copied into JS’s history.
3

See JS History, vol. E-1, 1795–1796; and Vogel, History of Joseph Smith, 1:c.


Comprehensive Works Cited

Vogel, Dan, ed. History of Joseph Smith and The Church of Jesus Christ of Latter-day Saints: A Source and Text-Critical Edition. 8 vols. Salt Lake City: Smith-Pettit Foundation, 2015.

In 2012 the order was cataloged as part of the JS Office Papers at the CHL.
4

See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.


The document’s contemporaneous docket, early redactions, and later inclusion in the JS Office Papers suggest continuous institutional custody.

Footnotes

  1. [1]

    See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.

  2. [2]

    Jessee, “Writing of Joseph Smith’s History,” 456, 458. In December 1843, Bullock docketed and copied many of JS’s letters as well as municipal and legal documents so that copies could be forwarded to Illinois governor Thomas Ford. (See, for example, Affidavit from Daniel Avery, 28 Dec. 1843.)

    Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

  3. [3]

    See JS History, vol. E-1, 1795–1796; and Vogel, History of Joseph Smith, 1:c.

    Vogel, Dan, ed. History of Joseph Smith and The Church of Jesus Christ of Latter-day Saints: A Source and Text-Critical Edition. 8 vols. Salt Lake City: Smith-Pettit Foundation, 2015.

  4. [4]

    See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.

Historical Introduction

On 8 December 1843, JS, as mayor 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
, Illinois, issued an order to the city marshal,
Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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, commanding him to be ready to protect the rights of Nauvoo’s citizens. The order was part of JS’s response to continued rumors growing out of the kidnappings of
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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and his father,
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
, that had occurred in November and early December.
1

For more information on the Avery kidnappings, see “Part 5: December 1843.”


At eleven o’clock in the morning on 8 December, JS called for the city council to meet in the afternoon so that they could prepare the city “for any invasion from
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 ...

More Info
.”
2

JS, Journal, 8 Dec. 1843.


Sometime between then and the city council’s meeting at four o’clock,
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...

View Full Bio
and
Philip B. Lewis

16 Jan. 1804–13 Nov. 1877. Farmer, manufacturer, tinner. Born in Marblehead, Essex Co., Massachusetts. Son of Edmund Lewis and Abigail Prentiss. Moved to Pawtucket, Providence Co., Rhode Island, 1827. Moved to New Bedford, Bristol Co., Massachusetts, 1830...

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swore out an affidavit before JS as mayor and
William 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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as clerk of the mayor’s court that briefly described the kidnappings and reported that there were rumors that the same men who kidnapped the Averys were planning “to kidnap some of the citizens of this City.” In the face of this threat, Richards and Lewis opined that “something should be done to secure the peace of this city from being disturbed.”
3

Willard Richards and Philip B. Lewis, Affidavit, Nauvoo, IL, 8 Dec. 1843, JS Office Papers, CHL.


Although JS obtained an affidavit describing the kidnappings from
Dellmore Chapman

28 Dec. 1804–23 Apr. 1857. Farmer. Born in Ellington, Tolland Co., Connecticut. Son of Hosea Chapman and Patty Converse. Purchased land in central Hancock Co., Illinois, 1829. Owned land southwest of Nauvoo, Hancock Co., by 1842. Swore affidavit before JS...

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two days earlier, that affidavit was created specifically to send to
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
governor
Thomas Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

View Full Bio
to inform him of the event. In contrast, the affidavit from Richards and Lewis was apparently designed to provide city officials with legal justification to initiate defensive measures for the city.
4

Aside from giving the call to action, the affidavit from Richards and Lewis merely repeated much of what was stated in Chapman’s affidavit. (Willard Richards and Philip B. Lewis, Affidavit, Nauvoo, IL, 8 Dec. 1843, JS Office Papers, CHL; Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.)


With the affidavit from Richards and Lewis in hand, JS issued an order to Sherwood directing him to protect Nauvoo citizens’ rights and enforce city ordinances. JS also instructed Sherwood to “call for a suitable portion of the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

View Glossary
” to assist him in this task.
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
state law indicated that only the governor could call militia units into active service and that he could do so only under limited circumstances, such as invasion or a requisition from the president 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 ...

More Info
. However, the act incorporating 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....

More Info
—passed by the state legislature and signed into law by Governor
Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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—authorized the city’s mayor to use the legion to help with “executing the laws and ordinances of the City Corporation.”
5

An Act for the Organization and Government of the Militia of This State [2 Mar. 1833], Public and General Statute Laws of the State of Illinois (1839), p. 483, sec. 43; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


Comprehensive Works Cited

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.

On 6 December, JS wrote to Illinois governor
Thomas Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

View Full Bio
asking whether he should call out the legion.
6

Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.


JS proceeded two days later without the governor’s permission, likely based on the content of two letters the city received from Illinois attorney general
James A. McDougall

19 Nov. 1817–3 Sept. 1867. Attorney, politician. Born in Bethlehem, Albany Co., New York. Early member of Jacksonville bar, in Morgan Co., Illinois. Moved to Pike Co., Illinois, 1837. Married Maritta McConnells, 19 Apr. 1842, in Morgan Co. Attorney general...

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and his predecessor
Josiah Lamborn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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that indicated the legion was independent of the state militia. The letters referenced disputes over whether it was Nauvoo or Illinois that was responsible for paying the legion’s officers. The men concluded that except for the expense of state arms, the costs of the legion devolved to the city and that the state could dismiss requests for payment because the legion was “entirely independent of the general military law.” Their letters were published in the 9 December 1843 extra issue of the Nauvoo Neighbor, which focused on the city’s response to the Avery kidnappings, and they appeared alongside a brief note describing the “independent position” of the legion.
7

William Ewing, [Springfield, IL], to John Bills, [Nauvoo, IL], ca. 30 Nov. 1843, copy, JS Office Papers, CHL; Nauvoo Neighbor, Extra, 9 Dec. 1843, [1]; see also Act to Incorporate the City of Nauvoo, 16 Dec. 1840; and An Act for the Organization and Government of the Militia of This State [2 Mar. 1833], Public and General Statute Laws of the State of Illinois (1839), pp. 472, 478–479, secs. 9–10, 35.


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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.

No provision in city ordinances or state statutes explained the process by which the mayor could call out the legion.
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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, acting in his capacity as clerk of the mayor’s court 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
, drafted a series of documents that together constituted such a process. After Phelps drafted the featured order to
Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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, he inscribed a requisition from Sherwood to JS asking him to issue an order to activate the legion and a subsequent order from JS to Major General
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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. These three documents were presumably created in JS’s
office

Term usually applied to JS’s private office, which was located at various places during JS’s lifetime, including his home. From fall 1840 until completion of JS’s brick store, office was located on second floor of a new building, possibly on Water Street ...

More Info
at roughly the same time.
8

Requisition from Henry G. Sherwood, 8 Dec. 1843; Military Order to Wilson Law, 8 Dec. 1843.


Sherwood presumably received JS’s order shortly after it was issued and in turn signed the requisition to JS as mayor to issue an order to the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

View Glossary
.
9

Requisition from Henry G. Sherwood, 8 Dec. 1843.


Footnotes

  1. [1]

    For more information on the Avery kidnappings, see “Part 5: December 1843.”

  2. [2]

    JS, Journal, 8 Dec. 1843.

  3. [3]

    Willard Richards and Philip B. Lewis, Affidavit, Nauvoo, IL, 8 Dec. 1843, JS Office Papers, CHL.

  4. [4]

    Aside from giving the call to action, the affidavit from Richards and Lewis merely repeated much of what was stated in Chapman’s affidavit. (Willard Richards and Philip B. Lewis, Affidavit, Nauvoo, IL, 8 Dec. 1843, JS Office Papers, CHL; Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.)

  5. [5]

    An Act for the Organization and Government of the Militia of This State [2 Mar. 1833], Public and General Statute Laws of the State of Illinois (1839), p. 483, sec. 43; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

    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.

  6. [6]

    Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.

  7. [7]

    William Ewing, [Springfield, IL], to John Bills, [Nauvoo, IL], ca. 30 Nov. 1843, copy, JS Office Papers, CHL; Nauvoo Neighbor, Extra, 9 Dec. 1843, [1]; see also Act to Incorporate the City of Nauvoo, 16 Dec. 1840; and An Act for the Organization and Government of the Militia of This State [2 Mar. 1833], Public and General Statute Laws of the State of Illinois (1839), pp. 472, 478–479, secs. 9–10, 35.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    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]

    Requisition from Henry G. Sherwood, 8 Dec. 1843; Military Order to Wilson Law, 8 Dec. 1843.

  9. [9]

    Requisition from Henry G. Sherwood, 8 Dec. 1843.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Mayor’s Order to Henry G. Sherwood, 8 December 1843
History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page [1]

State of Illinois)
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....

More Info
)
To the
Marshal

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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1

Henry G. Sherwood.


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....

More Info
Greeting:—
Whereas complaint has been made to me upon oath, that some persons have been kidnapped by the Missourians in connection with some of the lawless inhabitants of
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, and that th[r]eats have been made that some 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
, will be ki[d]napped or arrested and forcibly carried <​away from 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....

More Info
​>
2

Although the affidavit from Willard Richards and Philip B. Lewis did not identify the target of these threats, Dellmore Chapman specifically reported hearing that the kidnappers were planning to target Nauvoo resident Nelson Turner, who was accused of stealing horses with the Averys. (Willard Richards and Philip B. Lewis, Affidavit, Nauvoo, IL, 8 Dec. 1843, JS Office Papers, CHL; Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.)


without being allowed the benefit of the write of
Hab[e]as 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...

View Glossary
, according to the ordinance in such case made and provided,
3

Nauvoo’s city charter gave Nauvoo’s municipal court the “power to grant writs of habeas corpus in all cases arising under the ordinances of the City Council.” By 1842, JS and others in Nauvoo interpreted this to mean they were authorized to pass ordinances giving their municipal court broad jurisdiction to issue writs of habeas corpus. Between July and November 1842, Nauvoo’s city council passed a series of four ordinances that delineated and expanded the municipal court’s authority to issue writs of habeas corpus. The first of these four ordinances stipulated that “no Citizen of this City shall be taken out of the City by any Writs, without the privilege of investigation before the Municipal Court, and the benefit of a Writ of Habeas Corpus.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Ordinance, 5 July 1842; see also Nauvoo City Council Minute Book, 8 Aug. and 9 Sept. 1842, 98–99, 101; and Ordinance, 14 Nov. 1842.)


you will therefore take the necessary measures to have the rights of the citizens of this
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....

More Info
held sacred, and the ordinances 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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duly carried into full force and effect; To which end, if you <​should you​> judge that the peace and safety of this
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....

More Info
required it, you are further notif[i]ed to call for a suitable portion of the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

View Glossary
to be in complete readiness to compel obedience to the ordinances 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....

More Info
.
Given under my hand, <​and seal​>

Insertion in the handwriting of Willard Richards.


this 8 day of December, 1843.
Joseph Smith <​L. S.​>

Insertion in unidentified handwriting, possibly Willard Richards. “L. S.” (which stands for locus sigilli, Latin for “location of the seal”) is inscribed within a hand-drawn representation of a seal.


Mayor
By
W[illiam] 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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Clerk M.C.
4

Phelps was appointed clerk of the mayor’s court on 11 February 1843. (Nauvoo City Council Minute Book, 11 Feb. 1843, 159.)


[p. [1]]
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Page [1]

Document Information

Related Case Documents
Editorial Title
Mayor’s Order to Henry G. Sherwood, 8 December 1843
ID #
1215
Total Pages
2
Print Volume Location
JSP, D13:331–334
Handwriting on This Page
  • William W. Phelps
  • Willard Richards
  • Unidentified

Footnotes

  1. [1]

    Henry G. Sherwood.

  2. [2]

    Although the affidavit from Willard Richards and Philip B. Lewis did not identify the target of these threats, Dellmore Chapman specifically reported hearing that the kidnappers were planning to target Nauvoo resident Nelson Turner, who was accused of stealing horses with the Averys. (Willard Richards and Philip B. Lewis, Affidavit, Nauvoo, IL, 8 Dec. 1843, JS Office Papers, CHL; Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.)

  3. [3]

    Nauvoo’s city charter gave Nauvoo’s municipal court the “power to grant writs of habeas corpus in all cases arising under the ordinances of the City Council.” By 1842, JS and others in Nauvoo interpreted this to mean they were authorized to pass ordinances giving their municipal court broad jurisdiction to issue writs of habeas corpus. Between July and November 1842, Nauvoo’s city council passed a series of four ordinances that delineated and expanded the municipal court’s authority to issue writs of habeas corpus. The first of these four ordinances stipulated that “no Citizen of this City shall be taken out of the City by any Writs, without the privilege of investigation before the Municipal Court, and the benefit of a Writ of Habeas Corpus.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Ordinance, 5 July 1842; see also Nauvoo City Council Minute Book, 8 Aug. and 9 Sept. 1842, 98–99, 101; and Ordinance, 14 Nov. 1842.)

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    Insertion in the handwriting of Willard Richards.

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    Insertion in unidentified handwriting, possibly Willard Richards. “L. S.” (which stands for locus sigilli, Latin for “location of the seal”) is inscribed within a hand-drawn representation of a seal.

  6. [4]

    Phelps was appointed clerk of the mayor’s court on 11 February 1843. (Nauvoo City Council Minute Book, 11 Feb. 1843, 159.)

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