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Memorial to the United States Senate and House of Representatives, circa 16 December 1843–12 February 1844

Source Note

, , , , , , , , , , , , , , JS, , and , Memorial, , Hancock Co., IL, to the United States Senate and House of Representatives, [], ca. 16 Dec. 1843–12 Feb. 1844; handwriting of ; signatures of memorialists; seventeen pages; Records of the United States Senate, Record Group 46, National Archives and Records Administration, Washington DC. Includes dockets. Transcription from digital images of the document provided by the National Archives, College Park, Maryland.
Nine leaves, the measurements of which are unknown. Each page is paginated in graphite in unidentified handwriting. The final page contains dockets in the handwriting of , who served as JS’s scribe from 1843 to 1844, and one unidentified scribe. The document was folded in half and then in thirds, perhaps for filing.
The document’s early custodial history is unclear. After the memorial was written and signed, took it to and conveyed it to Senator , who presented it to the Senate on 5 April 1844. The Senate referred the memorial to the Senate Committee on the Judiciary the same day, and it probably remained in Senate committee records after that time. The committee records were transferred to the National Archives and Records Administration sometime after the administration was organized in 1934.

Footnotes

  1. [1]

    Jessee, “Writing of Joseph Smith’s History,” 456.

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

  2. [2]

    Congressional Globe, 28th Cong., 1st Sess., p. 482 (1844); see also Orson Hyde, Washington DC, to JS, Nauvoo, IL, 25 and 26 Apr. 1844, JS Collection, CHL.

    The Congressional Globe, Containing Sketches of the Debates and Proceedings of the Twenty-Sixth Congress. Vol. 8. Washington DC: Blair and Rives, 1840.

  3. [3]

    See National Archives, “National Archives History.”

    National Archives. “National Archives History.” National Archives, Washington DC. Accessed 13 Mar. 2020. https://www.archives.gov/about/history.

Historical Introduction

On 21 December 1843, the City Council accepted a memorial to Congress that outlined the treatment experienced in in the 1830s and sought redress for their ordeal as well as greater protection for Nauvoo. The memorial requested that Congress grant all the powers and rights of a federal territory to the city of Nauvoo and its officers and authorize the Nauvoo mayor to call upon federal troops to help fortify the city against increasing threats from Missourians.
JS and the Latter-day Saints were keenly aware and fearful of potential mob violence. Roughly a decade had passed since church members first suffered harassment and violence in . Church leaders failed in several attempts to receive redress from governmental authorities at both state and national levels—including Missouri governors and courts as well as presidents and Congress—despite submitting numerous petitions and hundreds of individual affidavits. After years of disappointment, church leaders realized they needed fresh tactics to gain protection for church members’ rights, lives, and property. Recent events—particularly Missouri officials’ third attempt to extradite JS and the kidnappings of and by citizens of Missouri and —prompted city leaders to create new city ordinances and issue military orders to protect JS and . On 7 December 1843, Nauvoo residents held a public meeting to discuss requesting Illinois governor ’s assistance to “regain the citizens that have been kidnapped by the Missourians.” and others present motioned that the city council protect JS and other Latter-day Saints and “prevent the said Missourians and Government from committing further violence upon the citizens of Illinois.”
On 8 December, JS called a city council meeting in which he encouraged the council “to be prepared for any invasion from ” and proposed the idea of petitioning Congress “to take the city under their protecti[o]n.” That same day, the City Council created a committee, consisting of , , and , to draft a memorial requesting federal assistance and protection. On 16 December, the committee read a draft to the Nauvoo City Council, after which councilors suggested amendments. JS stated: “We wished to ask the privilege of calling on U. S troops to protect us in our privileges, which is not unconstitutional,— but lays in the breast of congress.” JS and the council debated the constitutional merits of the memorial and then referred it back to the committee for revision. On 21 December, the committee presented its revised memorial, which the council accepted with some amendments. Orson Pratt proposed one important amendment that called for “an additional Section to the ordinance requiring the U. S. troops to obey the orders of the Mayor in case of insurrection.” The final version of the memorial, the body of which was presumably completed on or shortly after 21 December, included language to this effect.
The final draft of the memorial, featured here, began with a short history of the Saints’ persecutions and a copy of the legislative act incorporating ; it was followed by the unusual request for Congress to grant all the rights and powers of a federal territory to the city of Nauvoo. Territorial rights and powers derived from the federal government, which oversaw and organized territorial entities. At the time, most federal lawmakers, particularly those affiliated with the Democratic Party, promoted states’ rights, or the power of individual states over that of the federal government. After their experiences in , church leaders came to believe that states abused their power at the expense of individual rights and that the federal government was better suited to protect individual citizens’ rights. Though the federal government did not help with their Missouri ordeal, citing it as a states’ rights issue, the Latter-day Saints and their leaders apparently hoped that if Nauvoo gained territorial rights and powers, the nation’s highest governing body would fulfill its constitutional obligation to protect the people. In order to accomplish this, the memorial asked that federal officials authorize the Nauvoo mayor to call upon federal troops to help the protect the city, compel the army to supply troops when called upon, and pay Nauvoo legionnaires the same as federal troops in such cases. These changes would alter the federal chain of command since only the president could mobilize federal troops in territories. This memorial represented a significant shift in the Saints’ strategy, wherein they went beyond seeking financial redress for past wrongs and actively worked to safeguard the people of Nauvoo against future persecution and violence.
The City Council approved the memorial on the afternoon of 21 December, but it remained unsigned until 12 February 1844. On that day, the city council met in the to revisit some items passed in December 1843, including city ordinances and the memorial. In the afternoon session, which began at one o’clock, the memorial was read, and the council members present, including JS as mayor, signed it.
The city council also voted to pay the expenses for to take the memorial to and present it to Congress. JS told Pratt to call “all the Representativs of , tell them our suffering have been such that we must have that document passed,— and we will have it. you must go in for it. go. to and call a delegation from his state.” JS also directed Pratt to talk to other prominent politicians, call public meetings in the capital city, and publish materials promoting JS’s presidential campaign. JS and the city council instructed Pratt to depart immediately for Washington DC, though he did not leave until at least 12 March 1844. He arrived by the end of March or beginning of April and succeeded in persuading , a senator from Illinois, to introduce the memorial in the Senate.
On 5 April 1844, presented the memorial to the Senate, which referred it to its Committee on the Judiciary. That committee apparently took no action in response to the Latter-day Saint request.

Footnotes

  1. [1]

    For more on this history, see Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; and Johnson, Mormon Redress Petitions.

    Johnson, Clark V., ed. Mormon Redress Petitions: Documents of the 1833–1838 Missouri Conflict. Religious Studies Center Monograph Series 16. Provo, UT: Religious Studies Center, Brigham Young University, 1992.

  2. [2]

    See “Part 4: June–July 1843”; “Joseph Smith Documents from August through December 1843”; Ordinance, 8 Dec. 1843; Military Order to Wilson Law, 8 Dec. 1843; and Minutes, 8 Dec. 1843.

  3. [3]

    Nauvoo Neighbor, Extra, 9 Dec. 1843, [1]; “Public Meeting,” Nauvoo Neighbor, 13 Dec. 1843, [1].

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  4. [4]

    JS, Journal, 8 Dec. 1843; Nauvoo City Council Rough Minute Book, 8 Dec. 1843, 24.

  5. [5]

    Nauvoo City Council Rough Minute Book, 16 Dec. 1843, 25–26.

  6. [6]

    Nauvoo City Council Rough Minute Book, 21 Dec. 1843, 28.

  7. [7]

    The working draft of the memorial shows a variety of insertions, deletions, and other edits made throughout the collaboration leading to its completion. (See Memorial to the United States Senate and House of Representatives, 21 Dec. 1843, draft, JS Office Papers, CHL.)

  8. [8]

    See McDonald, States’ Rights and the Union, 97–141; Wilentz, Rise of American Democracy, 320–360; and Watson, Liberty and Power, 117–131.

    McDonald, Forrest. States’ Rights and the Union: Imperium in Imperio, 1776–1876. Lawrence: University Press of Kansas, 2000.

    Wilentz, Sean. The Rise of American Democracy: Jefferson to Lincoln. New York: W. W. Norton, 2005.

    Watson, Harry L. Liberty and Power: The Politics of Jacksonian America. Rev. ed. New York: Hill and Wang, 2006.

  9. [9]

    JS, Journal, 21 Dec. 1843; for more on the territorial system in the United States, see Rogers, Unpopular Sovereignty, 20–45; and Berkhofer, “Northwest Ordinance and the Principle of Territorial Evolution,” 45–55.

    Rogers, Brent M. Unpopular Sovereignty: Mormons and the Federal Management of Early Utah Territory. Lincoln: University of Nebraska Press, 2017.

    Berkhofer, Robert F., Jr. “The Northwest Ordinance and the Principle of Territorial Evolution.” In The American Territorial System, edited by John Porter Bloom. National Archives Conferences 5, Papers and Proceedings of the Conference on the History of the Territories of the United States. Athens: Ohio University Press, 1973.

  10. [10]

    Governors of territories, like state governors, could call out local or state militias, but only the president could mobilize federal forces. (See Rogers, Unpopular Sovereignty, 21.)

    Rogers, Brent M. Unpopular Sovereignty: Mormons and the Federal Management of Early Utah Territory. Lincoln: University of Nebraska Press, 2017.

  11. [11]

    JS, Journal, 12 Feb. 1844; Nauvoo City Council Rough Minute Book, 12 Feb. 1844, 2; see also Nauvoo City Council Minute Book, 12 Feb. 1844, 204.

  12. [12]

    Nauvoo City Council Rough Minute Book, 12 Feb. 1844, 2, underlining in original; see also Nauvoo City Council Minute Book, 12 Feb. 1844, 204.

  13. [13]

    JS, Journal, 12 Feb. 1844; Watson, Orson Pratt Journals, 211–212.

    Watson, Elden J., comp. The Orson Pratt Journals. Salt Lake City: By the author, 1975.

  14. [14]

    Congressional Globe, 28th Cong., 1st Sess., p. 482 (1844); see also Orson Hyde, Washington DC, to JS, Nauvoo, IL, 25 and 26 Apr. 1844, JS Collection, CHL.

    The Congressional Globe, Containing Sketches of the Debates and Proceedings of the Twenty-Sixth Congress. Vol. 8. Washington DC: Blair and Rives, 1840.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Act to Incorporate the City of Nauvoo, 16 December 1840 Memorial to the United States Senate and House of Representatives, circa 16 December 1843–12 February 1844 History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith” *Memorial to the United States Senate and House of Representatives, circa 16 December 1843–12 February 1844, Draft Memorial to the United States Senate and House of Representatives, circa 16 December 1843–12 February 1844, Thomas Bullock First Copy *Memorial to the United States Senate and House of Representatives, circa 16 December 1843–12 February 1844 History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page [6]

secure from our relentless persecutor the state of . Not satisfied in having drenched her soil in the blood of innocence and expelling us from her borders She pursues her unfortunate victims into banishment seizing upon and kidnapping them in their defenceless moments dragging them across the upon their inhospitable shores where they are tortured whipped immured in dungeons and finally hung by the neck without any legal process whatever. We have memorialized the former executive of this State upon these lawless outrages committed upon our Citizens but he rendered us no protection receiving no check in her murderous career continues her depredations Again and again kidnapping our Citizens and robbing us of our property while others who fortunately survived the execution of her bloody edicts are again and again demanded by the executive of that on pretence of some crime said to have been committed by them during the exterminating expedition against our people As an instance, General Joseph Smith one of your Memorialists has been three times demanded tried and acquitted by the Courts of this upon investigation under writs of once by the Court for the district of , again by the Circuit Court of the State of , and lastly by the Municipal Court of the City of when at the same time a has been entered by the Courts of upon all the Cases of that against Joseph Smith and others. Thus the said Joseph Smith has been several times tried for the same alleged offence put in jeopardy of life and limb contrary to the fifth article of the Amendments to the Constitution of these and thus we have been continually harassed and robbed of our money to defray the expences of these those vexatious prosecutions And what at the present time seems to be still more alarming is the hostility manifested by some of the Authorities and Citizens of this Conventions have been called Inflammatory [p. [6]]
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Document Information

Related Case Documents
Editorial Title
Memorial to the United States Senate and House of Representatives, circa 16 December 1843–12 February 1844
ID #
3060
Total Pages
18
Print Volume Location
JSP, D13:373–393
Handwriting on This Page
  • Thomas Bullock

Footnotes

  1. [21]

    This statement referred to the 1840 kidnappings of Latter-day Saints Alanson Brown, James Allred, Noah Rogers, and Benjamin Boyce. (Memorial to Thomas Carlin, 13 July 1840, in JS Letterbook 2, 185–187.)

  2. [22]

    A nolle prosequi (Latin for “we shall no longer prosecute”) is a formal notice that a case is being dropped or that the charges cannot be proved. (“Nolle Prosequi,” in Bouvier, Law Dictionary, 2:216.)

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

  3. [23]

    For more information on these extradition attempts, see “Part 4: June–July 1843”; and Ordinance, 8 Dec. 1843.

  4. [24]

    Although JS and others viewed the dismissals on writs of habeas corpus as acquittals, they were not. The United States Constitution’s Fifth Amendment states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” (See Ordinance, 8 Dec. 1843.)

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