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Minutes, 3 February 1841, Copy

Source Note

Nauvoo City Council, Minutes,
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, 3 Feb. 1841. Featured version copied [ca. 3 Feb. 1841] in Nauvoo City Council Minute Book, pp. 1–5; handwriting of
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

View Full Bio
; CHL. For more complete source information, see the source note for Nauvoo City Council Minute Book, 1841–1845.

Historical Introduction

On 3 February 1841, the newly constituted 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....

More Info
, Illinois, met for the first time and began to establish the organizational foundations of the municipal government. Two days earlier, a municipal election for the city council was held in accordance with the
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
legislature’s 16 December 1840 act establishing the city of Nauvoo, known as the Nauvoo charter. Section 4 of the charter specified that the city council would consist of “a Mayor, four Aldermen, and nine Councillors.”
1

Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


From the ballot, voters selected
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
as mayor;
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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,
Samuel Smith

13 Mar. 1808–30 July 1844. Farmer, logger, scribe, builder, tavern operator. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Royalton, Windsor Co., Vermont, by Mar. 1810; to Lebanon, Grafton Co., New Hampshire, 1811...

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,
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
, and
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
as aldermen; and JS,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
,
Charles 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...

View Full Bio
,
John T. Barnett

20 Oct. 1809–2 Sept. 1905. Farmer, community and civic leader. Born in Sullivan Co., Tennessee. Son of James Henry Barnett and Mary A. Tipton. Moved to Jefferson Co., Tennessee, by 1822. Moved to Springfield, Sangamon Co., Illinois, 1829. Boyhood friend of...

View Full Bio
,
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....

View Full Bio
,
Don Carlos Smith

25 Mar. 1816–7 Aug. 1841. Farmer, printer, editor. Born at Norwich, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Palmyra, Ontario Co., New York, 1816–Jan. 1817. Moved to Manchester, Ontario Co., 1825. Baptized into Church of Jesus...

View Full Bio
,
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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, and
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

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as councilors.
2

“Municipal Election,” Times and Seasons, 1 Feb. 1841, 2:309.


Comprehensive Works Cited

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

The charter for 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
, which was modeled on other liberal city charters in
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
, granted a large variety of powers to the city council. JS and the
First Presidency

The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...

View Glossary
commented that the Nauvoo charter contained “the most plenary powers, ever conferred by a legislative assembly on free citizens.”
3

Proclamation, 15 Jan. 1841.


Among the powers vested in the city council was the authority to establish and execute city ordinances—so long as they were “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 ...

More Info
” or to the Illinois state constitution. In essence, the municipal government had the power to create any legislation it deemed “necessary for the peace, benefit, good order, regulation, convenience, and cleanliness, of said city; for the protection of property therein from destruction by fire, or otherwise, and for the health, and happiness, thereof.”
4

Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


The charter also authorized the city council to organize a militia and a university and to impose and collect taxes, to license and regulate commerce, to regulate police, and to impose fines and penalties for violating city ordinances. Other enumerated powers included the license to appoint “a Recorder, Treasurer, Assessor, Marshal, Supervisor of Streets, and all such other officers as may be necessary, and to prescribe their duties, and remove them from office at pleasure.”
5

When the Illinois state legislature passed the Nauvoo charter, it also permitted the creation of the legion and the university, allowing each entity to become a self-governing body after being organized by the city council. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


The minutes of this first city council meeting indicate that much of the council’s business related to remarks made by Mayor
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
in his inaugural address.
6

See John C. Bennett, “Inaugural Address,” Times and Seasons, 15 Feb. 1841, 2:316–318.


JS played an active role as a city councilor in this opening meeting. He presented two bills: one to organize 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
and the other to organize the University 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....

More Info
.
7

See also Proclamation, 15 Jan. 1841.


After those ordinances were passed, JS proposed and the council passed a resolution of gratitude to the citizens of
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
, Illinois, and to the
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 government for the assistance rendered to the Saints upon their arrival in the state. Finally, the city council established five committees, all of which JS was appointed to serve on as a member or chairperson.
After this initial meeting of the
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
City Council,
Don Carlos Smith

25 Mar. 1816–7 Aug. 1841. Farmer, printer, editor. Born at Norwich, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Palmyra, Ontario Co., New York, 1816–Jan. 1817. Moved to Manchester, Ontario Co., 1825. Baptized into Church of Jesus...

View Full Bio
, editor of the Times and Seasons, published the mayor’s inaugural address, some of the ordinances passed by the city council, and an editorial that predicted the council would create wise laws and regulations that would lead Nauvoo to “prosper and increase in population to an extent unparallelled by any city.” The editorial further expressed the hope that such governance would help Nauvoo “become the brightest ‘star in the west.’”
8

“The City Council, and General Bennett’s Inaugural Address,” Times and Seasons, 15 Feb. 1841, 2:319.


Comprehensive Works Cited

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

View Full Bio
recorded the meeting’s original minutes in a notebook.
9

See Nauvoo City Council Rough Minute Book, 3 Feb. 1841, 1–2.


Sloan then used those original minutes to record the official minutes in the council’s ledger, titled “A Record of the proceedings of 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....

More Info
.” The official 3 February minutes include the text of city ordinances, which is not found in the original minutes. Because the ledger contains a more comprehensive version of the council’s discussion and decisions and represents the official minutes, that version is featured here.

Footnotes

  1. [1]

    Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

  2. [2]

    “Municipal Election,” Times and Seasons, 1 Feb. 1841, 2:309.

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

  3. [3]

    Proclamation, 15 Jan. 1841.

  4. [4]

    Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

  5. [5]

    When the Illinois state legislature passed the Nauvoo charter, it also permitted the creation of the legion and the university, allowing each entity to become a self-governing body after being organized by the city council. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

  6. [6]

    See John C. Bennett, “Inaugural Address,” Times and Seasons, 15 Feb. 1841, 2:316–318.

  7. [7]

    See also Proclamation, 15 Jan. 1841.

  8. [8]

    “The City Council, and General Bennett’s Inaugural Address,” Times and Seasons, 15 Feb. 1841, 2:319.

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

  9. [9]

    See Nauvoo City Council Rough Minute Book, 3 Feb. 1841, 1–2.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Minutes, 3 February 1841 Nauvoo City Council Rough Minute Book, February–December 1841 *Minutes, 3 February 1841, Copy Nauvoo City Council Minute Book, 1841–1845 City Charter: Laws, Ordinances, and Acts, July 1842 History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith”

Page 2

And cited parts of the City Charter, observing as to what he considered should be done in the
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
forthwith, &c &c.
8

Mayor John C. Bennett covered several topics in his inaugural address, including the power of the city relative to taxation and finances (section 13 of the charter), the suppression of intemperance, and the betterment of the city through city council ordinances. He spent the majority of the address speaking about the importance of the university (section 24 of the charter) and the organization of the legion (section 25 of the charter). Bennett also highlighted the role that the Illinois governor, Council of Revision, and state legislature played in assisting the Latter-day Saints when they arrived in the state as refugees. In contrast to those in Missouri, the governmental bodies of Illinois, Bennett stated, “should be held in everlasting remembrance by our people—they burst the chains of slavery and proclaimed us forever free!” One Illinois newspaper reported Bennett’s address as being “bombastic” but a “creditable production” with a “high moral bearing.” (John C. Bennett, “Inaugural Address,” Times and Seasons, 15 Feb. 1841, 2:316–318; “The Mormons,” Western World [Warsaw, IL], 24 Feb. 1841, [2]; for another regional report of the address, see “The Mormons,” North Western Gazette and Galena [IL] Advertiser, 2 Apr. 1841, [4].)


Comprehensive Works Cited

Western World. Warsaw, IL. 1840–1841.

North Western Gazette and Galena Advertiser. Galena, IL. 1838–1845.

Counsellor Joseph Smith presented a Bill to Organize 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
, which was read three times, the rules were dispensed with, & it passed unanimously. To wit.
An Ordinance Organizing the “Nauvoo Legion.”—
9

JS and the First Presidency emphasized the importance of the Nauvoo Legion in a proclamation written just a few weeks earlier. The legion, the First Presidency informed the Saints, “embraces all our military power, and will enable us to perform our military duty by ourselves, and thus afford us the power, and privilege, of avoiding one of the most fruitful sources of strife, oppression, and collision with the world. It will enable us to show our attachment to the state and nation as a people, whenever the public service requires our aid—thus proving ourselves obedient to the paramount laws of the land, and ready at all times to sustain and execute them.” (Proclamation, 15 Jan. 1841.)


Sec. 1. Be it ordained by 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....

More Info
, that the Inhabitants 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....

More Info
, and such Citizens 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
as may unite by Voluntary Enrollment, be, & they are hereby organized into a Body of independent Military Men, to be called the “Nauvoo Legion,” as contemplated in the 25th. Section of “An act to incorporate 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
,” approved December, 16th., 1840.
10

Section 25 of the charter gave the city council authority to “organize the inhabitants of said city, subject to military duty, into a body of independent military men to be called the ‘Nauvoo Legion,’” which would form a “Court Martial . . . with full powers and authority to make, ordain, establish, and execute, all such laws and ordinances as may be considered necessary for the benefit, government, and regulation of said Legion.” Section 25 continued: “The said Legion shall perform the same amount of military duty as is now or may be hereafter required of the regular militia of the State, and shall be at the disposal of the Mayor in executing the laws and ordinances of the City Corporation, and the laws of the State, and at the disposal of the Governor for the public defence, and the execution of the laws of the State or of the United States, and shall be entitled to their proportion of the public arms; and Provided, also, that said Legion shall be exempt from all other military duty.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


Sec. 2. The Legion shall be, and is hereby, divided into two Cohorts,— the Horse Troops to constitute the first Cohort, & the foot Troops to constitute the second Cohort.
Sec. 3. The General officers of the Legion shall consist of a Lieutenant General, as the Chief Commanding & reviewing officer, & president of the Court Martial, & Legion; a Major General, as the second in Command of the Legion, the Secretary of the Court Martial, & Legion, & Adjutant & Inspector General; a Brigadier General, as Commander of the first Cohort; & a Brigadier General, as Commander of the second Cohort.
Sec. 4. The Staff of the Lieutenant General shall consist of two principal Aids-de-Camp, with the Rank of Colonels of Cavalry, & a guard of twelve Aids-de-Camp, with the Rank of Captains of Infantry, & a drill officer, with the rank of Colonel of Dragoons, who shall likewise be the Chief officer of the Guard.
Sec. 5. The Staff of the Major General shall consist of an Adjutant, a Surgeon in Chief, a Cornet, a quarter Master, a Pay Master, a Commissary, & a Chaplain, with the Rank of Colonels of Infantry; a Surgeon for each [p. 2]
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Related Case Documents
Editorial Title
Minutes, 3 February 1841, Copy
ID #
10301
Total Pages
5
Print Volume Location
JSP, D8:17–24
Handwriting on This Page
  • James Sloan

Footnotes

  1. [8]

    Mayor John C. Bennett covered several topics in his inaugural address, including the power of the city relative to taxation and finances (section 13 of the charter), the suppression of intemperance, and the betterment of the city through city council ordinances. He spent the majority of the address speaking about the importance of the university (section 24 of the charter) and the organization of the legion (section 25 of the charter). Bennett also highlighted the role that the Illinois governor, Council of Revision, and state legislature played in assisting the Latter-day Saints when they arrived in the state as refugees. In contrast to those in Missouri, the governmental bodies of Illinois, Bennett stated, “should be held in everlasting remembrance by our people—they burst the chains of slavery and proclaimed us forever free!” One Illinois newspaper reported Bennett’s address as being “bombastic” but a “creditable production” with a “high moral bearing.” (John C. Bennett, “Inaugural Address,” Times and Seasons, 15 Feb. 1841, 2:316–318; “The Mormons,” Western World [Warsaw, IL], 24 Feb. 1841, [2]; for another regional report of the address, see “The Mormons,” North Western Gazette and Galena [IL] Advertiser, 2 Apr. 1841, [4].)

    Western World. Warsaw, IL. 1840–1841.

    North Western Gazette and Galena Advertiser. Galena, IL. 1838–1845.

  2. [9]

    JS and the First Presidency emphasized the importance of the Nauvoo Legion in a proclamation written just a few weeks earlier. The legion, the First Presidency informed the Saints, “embraces all our military power, and will enable us to perform our military duty by ourselves, and thus afford us the power, and privilege, of avoiding one of the most fruitful sources of strife, oppression, and collision with the world. It will enable us to show our attachment to the state and nation as a people, whenever the public service requires our aid—thus proving ourselves obedient to the paramount laws of the land, and ready at all times to sustain and execute them.” (Proclamation, 15 Jan. 1841.)

  3. [10]

    Section 25 of the charter gave the city council authority to “organize the inhabitants of said city, subject to military duty, into a body of independent military men to be called the ‘Nauvoo Legion,’” which would form a “Court Martial . . . with full powers and authority to make, ordain, establish, and execute, all such laws and ordinances as may be considered necessary for the benefit, government, and regulation of said Legion.” Section 25 continued: “The said Legion shall perform the same amount of military duty as is now or may be hereafter required of the regular militia of the State, and shall be at the disposal of the Mayor in executing the laws and ordinances of the City Corporation, and the laws of the State, and at the disposal of the Governor for the public defence, and the execution of the laws of the State or of the United States, and shall be entitled to their proportion of the public arms; and Provided, also, that said Legion shall be exempt from all other military duty.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

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