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Minutes, 10 June 1844

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Minutes, 10 June 1844

Source Note

Nauvoo City Council, Minutes, [, Hancock Co., IL], 10 June 1844. Featured version copied [ca. 10 June 1844] in Nauvoo City Council Rough Minute Book, 10 Feb. 1844–13 Jan. 1845, pp. 19–[31]; handwriting of ; Nauvoo, IL, Records, 1841–1845, CHL. Includes use marks. For more complete source information, see the source note for Nauvoo City Council Rough Minute Book, Feb. 1844–Jan. 1845.

Historical Introduction

On 10 June 1844, the , Illinois, city council met to consider what action it should take in response to the publication of the Nauvoo Expositor. The first issue of this newspaper was published on 7 June. The city council subsequently gathered on 8 June for its regularly scheduled meeting and, among other things, heard from witnesses JS had brought in to testify about the character of certain individuals associated with the Expositor. During this meeting, JS stated his belief that the newspaper and its proprietors intended to destroy the peace in Nauvoo and that it was not safe to have this type of publication in the city, as it could lead to mob violence. Moreover, he explained that his statements and the testimony of the witnesses were meant to prepare the city council to act on the matter. In particular, JS urged the city council to pass an ordinance against libels, and city councilor and , who was a city councilor as well as the city’s attorney, received the assignment to craft this legislation. Later during the meeting, Phelps read a draft of the libel ordinance, and JS and city councilor requested certain additions to it. The council then adjourned until 10 June.
The city council held two sessions on 10 June, most likely in the . The first session lasted from ten o’clock in the morning until shortly after one o’clock in the afternoon, when the council adjourned for a recess. At half past two o’clock in the afternoon, the second session began, and it lasted until a little after six o’clock in the evening. During these sessions, the city council heard additional testimony about various men connected to the Nauvoo Expositor and unanimously approved the newest draft of the libel ordinance. At JS’s suggestion, the city council also discussed the possibility of suppressing the Nauvoo Expositor. Most of the council’s members expressed their approval of this course of action. Only , a city councilor who was not a member of the , urged caution and suggested instead giving the proprietors “a few days” notice to desist publishing the alleged libels and assessing heavy fines for noncompliance. After deliberating, the city council rejected Warrington’s suggestion. It then passed a resolution declaring the Expositor a nuisance and ordering JS as mayor to remove any printing equipment and copies of the newspaper found in its office in a manner of his choosing.
City recorder appears to have taken notes during the 10 June city council meeting on loose leaves of paper, one of which is still extant. It seems he then used these notes to craft the minutes of the 10 June city council meeting, which he recorded in the city council’s rough minute book. Later, on 15 and 16 June, Richards prepared a revised version of the minutes for the 8 and 10 June meetings focused on the city council’s deliberations regarding the Nauvoo Expositor. The Nauvoo Neighbor then published the revised version of the minutes in its extra issue dated 17 June and its regular issue dated 19 June. The version in the 19 June issue is identical to the version in the extra, except for some stylistic and clarifying changes. The 10 June minutes that Richards recorded in the city council’s rough minute book are featured here, with significant differences between them and the version published in the Neighbor’s 17 June extra noted.

Footnotes

  1. Nauvoo Expositor, 7 June 1844, [1]; see also Historical Introduction to Minutes, 8 June 1844.

  2. Minutes, 8 June 1844.

  3. Ordinance, 10 June 1844.

  4. Resolution, 10 June 1844.

  5. This loose leaf rests between pages [22] and [23] of Nauvoo City Council Rough Minute Book, Feb. 1844–Jan. 1845.

  6. Richards, Journal, 15–16 June 1844. A synopsis for a portion of the manuscript version of the 8 June minutes is extant; however, the manuscript version of the last portion of the 8 June minutes and the entirety of the 10 June minutes has not been located. (Synopsis of Nauvoo City Council Proceedings, 8 June 1844, JS Office Papers, CHL.)

    Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

  7. “For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1]; “For the Neighbor,” Nauvoo Neighbor, 19 June 1844, [2]–[3].

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Minutes, 10 June 1844, Partial Draft Nauvoo City Council Rough Minute Book, February 1844–January 1845 *Minutes, 10 June 1844 Nauvoo City Council Rough Minute Book, February 1844–January 1845 Minutes, 10 June 1844, Extract, as Published in Nauvoo Neighbor Revised Minutes, 17 June 1844 Revised Minutes, 17 June 1844, as Published in Nauvoo Neighbor History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith”
said no city on earth would bear such slander and he would not bear it.— and spoke decidedly in favor of active measures.—
Mayor made a stamnt [statement] of what said before the <​C​>. Council conc[ern]ing his frdsship [friendship]— <​if he had any thi[n]g agis [against] th[e] Mayor—​> and scores resp[o]nded to the qustin [question].— yes.—
said stated befor the grand Jury that he did not say befor to the council that he was Josephs fr[ie]nd.—
— continu[e]d was presid[e]nt of this council— . & were members— & has never objected to any ordinance— has been more like a cypher— a and read from the constituti[o]n of the — on freedom of the press.— we are willing th[e]y should publish the truth— but the paper is a nuisanc— and stinks in the nose of eve[r]y honest man.—
Resolution of on nuisances read—
Mayor.— read Article 8. sec 22. page 365.— Constitutin of
spoke Nuisanc is any thing distu[r]bs the peac[e] of community.— & Read. Chitty’s Blackston[e] page 4. Privat[e] wrongs Vol 2.— and said the whole commun[i]ty have to rest under the stigma of these faslehoods [falsehoods]— if we can prevent the issiung [issuing] of any more slanderous <​comminictns [communications]​> I <​he​> would go in for it.— it is right for this comunity to show a p[r]oper resentmnt— I would go in for suppressing all further publicat[ion]s of the kind.—
C. be[lie]ved the be[s]t way [was?] to smash the press all to pieces and pie the type [p. [27]]
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Related Case Documents
Editorial Title
Minutes, 10 June 1844
ID #
17544
Total Pages
13
Print Volume Location
Handwriting on This Page
  • Willard Richards

Footnotes

  1. The Nauvoo City Council met on 3 and 5 January 1844 to investigate rumors that William Law and William Marks were traitors and that JS had secretly instructed the Nauvoo police to kill them. The rough city council minutes for the meeting on 5 January recorded William Law as saying, “I am Josephs friend, he has no better friend in the world I am ready to lay down my life for him.” Law’s own summary, written in his journal, of what he said during the 5 January meeting was more tentative, with him stating that “Joseph had nothing to fear from me, I was not his enemy (I did not say I was his friend).” (JS, Journal, 3 and 5 Jan. 1844; Nauvoo City Council Rough Minute Book, 3 and 5 Jan. 1844, 32–40; Law, Diary, 5 Jan. 1844, in Cook, William Law, 45.)

    Cook, Lyndon W. William Law: Biographical Essay, Nauvoo Diary, Correspondence, Interview. Orem, UT: Grandin Book, 1994.

  2. The published version of the city council minutes renders this passage as follows: “Mayor made a statement of what Wm. Law said before the City Council under oath, that he was a friend to the Mayor &c. &c. and asked if there were any present who recollected his statement when scores responded, yes!” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

  3. The published version of the city council minutes expands this to read “Councillor Hunter ‘was one of the grand jury.’” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

  4. Hunter was a member of the grand jury for the Hancock County Circuit Court’s May 1844 term, which was tasked with hearing testimony to determine whether there was sufficient evidence to support indictments for criminal prosecutions. William Law’s testimony was probably given when he and his brother Wilson Law made a complaint against JS that led to the latter’s indictment for adultery and fornication stemming from his practice of plural marriage. (Hancock Co., IL, Circuit Court Records, 1829–1897, vol. D, pp. 64, 114, 145–146, microfilm 947,496, U.S. and Canada Record Collection, FHL; An Act Prescribing the Mode of Summoning Grand and Petit Jurors, and Defining Their Qualifications and Duties [7 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 396, sec. 3; “Grand Jury,” in Bouvier, Law Dictionary, 1:611; JS, Journal, 25 May 1844; Indictment, Carthage, IL, 24 May 1844, State of Illinois v. JS for Adultery and Fornication [Hancock Co. Cir. Ct. 1844], pp. [1]–[2], People vs. JS, Indictments and Arrest Warrant, CHL; Discourse, 26 May 1844.)

    U.S. and Canada Record Collection. FHL.

    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.

    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.

  5. The published version of the city council minutes expands this sentence to read “Wilson Law was president of this Council during the passage of many ordinances, and referred to the Records.” Wilson Law became a member of the Nauvoo City Council in February 1841, and on two occasions in 1842, he served as its president pro tempore. During those two sessions, the city council passed five ordinances. Law, however, was not reelected to the council in February 1843. (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1]; Nauvoo City Council Minute Book, 3 Feb. 1841, 1; 26 Sept. and 25 Oct. 1842, 101–105; Nauvoo City Council Rough Minute Book, 26 Sept. and 25 Oct. 1842, 41, 43; “City Election,” Wasp, 8 Feb. 1843, [2].)

    The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

  6. William Law was appointed to the Nauvoo City Council in November 1841 to replace Sidney Rigdon, who had resigned. In February 1843 Law was nominated to serve as one of the city’s aldermen but was not elected. Emmons was elected to the Nauvoo City Council in February 1843. (Nauvoo City Council Minute Book, 1 Nov. 1841, 28; “City Election,” Wasp, 8 Feb. 1843, [2].)

    The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

  7. The published version of the city council minutes expands this passage to read “Emmons has never objected to any ordinance while in the Council; but has been more like a cypher, and is now become Editor of a libellous paper, and is trying to destroy our charter and ordinances.” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

  8. The published version of the city council minutes expands this passage to read “‘we are willing they should publish the truth;’ but it is unlawful to publish libels.” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

  9. The published version of the city council minutes does not include this line about reading the resolution declaring the Expositor a nuisance. The final version of this resolution read “Resolved by the City Council of the City of Nauvoo that the printing establishment from whence issues the ‘Nauvoo Expositor’ is a public Nuisance and also all of said Nauvoo Expositors which may be, or exist in said establishment, and the Mayor is instructed to cause said printing establishment and papers to be removed without delay, in such manner as he shall direct.” (Resolution, 10 June 1844.)

  10. The published version of the city council minutes expands this passage to read “Mayor read from Illinois constitution, Article 8, Section 2[2], touching the responsibility of the press for its constitutional liberty.” Section 22 of article 8 of the 1818 Illinois constitution stated that “the printing presses shall be free to every person who undertakes to examine the proceedings of the general assembly, or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty.” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1]; Illinois Constitution of 1818, art. 8, sec. 22.)

    Illinois Office of Secretary of State. First Constitution of Illinois, 1818. Illinois State Archives, Springfield.

  11. William Blackstone’s Commentaries on the Laws of England was an influential treatise on English common law that went through multiple printings, including an edition that was edited by another English legal commentator, Joseph Chitty. An 1840 edition of Blackstone’s Commentaries published in the United States included notes taken from Chitty’s edition. In this American edition, on the page referenced in the city council minutes, Blackstone defined a nuisance as “whatsoever unlawfully annoys or doth damage to another.” The same page also included a footnote, borrowed from Chitty’s edition, that considered how nuisance law might be applied to a newspaper. It read “So it seems that a libellous print or paper, affecting a private individual, may be destroyed, or, which is the safer course, taken and delivered to a magistrate.” (Blackstone, Commentaries, vol. 2, bk. 3, p. 4; see also Chitty, Commentaries, 3:5–6.)

    Blackstone, William. Commentaries on the Laws of England: In Four Books; with an Analysis of the Work. By Sir William Blackstone, Knt. One of the Justices of the Court of Common Pleas. In Two Volumes, from the Eighteenth London Edition. . . . 2 vols. New York: W. E. Dean, 1840.

    Chitty, Joseph, ed. Commentaries on the Laws of England: By the Late Sir W. Blackstone. 4 vols. London: William Walker, 1826.

  12. The published version of the city council minutes expands this passage to read “the whole community has to rest under the stigma of these falsehoods; referring to the ‘Expositor.’” (“For the Neighbor,” Nauvoo Neighbor, Extra, 17 June 1844, [1].)

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