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Minutes and Discourse, 19 February 1843

Source Note

Nauvoo high council, Minutes, and JS, Discourse, [
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], 19 Feb. 1843. Featured version copied [ca. 19 Feb. 1843] in “Minutes of the High Council of the Church of Jesus Christ of Latter Day Saints of Nauvoo Hancock County Illinois from the 20th of May 1842 to the 19th February 1843,” pp. 32–34; handwriting of
Hosea Stout

18 Sept. 1810–2 Mar. 1889. Farmer, teacher, carpenter, sawmill operator, lawyer. Born near Pleasant Hill, Mercer Co., Kentucky. Son of Joseph Stout and Anna Smith. Moved to Union Township, Clinton Co., Ohio, 1819; to Wilmington, Clinton Co., fall 1824; to...

View Full Bio
; Nauvoo High Council Minutes, CHL. Includes redactions.
The featured document is in a notebook containing seventeen leaves that measure 11½ × 7–7¾ inches (29 × 18–20 cm). Each page is ruled with thirty-five printed lines (now faded) with header space. The leaves have been bound together with a string in a single gathering. Skipping the first page,
Hosea Stout

18 Sept. 1810–2 Mar. 1889. Farmer, teacher, carpenter, sawmill operator, lawyer. Born near Pleasant Hill, Mercer Co., Kentucky. Son of Joseph Stout and Anna Smith. Moved to Union Township, Clinton Co., Ohio, 1819; to Wilmington, Clinton Co., fall 1824; to...

View Full Bio
paginated the notebook 2–34 and inscribed the minutes using blue and black ink. The upper and lower outside corners of the notebook are missing, apparently from damage caused by a rodent.
At some point prior to April 1855, Stout transferred the minutes to the Church Historian’s Office (now CHL), suggesting continuous institutional custody.
1

“Inventory. Historian’s Office. 4th April 1855,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.


Comprehensive Works Cited

Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

Footnotes

  1. [1]

    “Inventory. Historian’s Office. 4th April 1855,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.

    Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

Historical Introduction

On 19 February 1843, JS presided over an ecclesiastical trial for
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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and
Uriah Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
held by the
high council

A governing body of twelve high priests. The first high council was organized in Kirtland, Ohio, on 17 February 1834 “for the purpose of settling important difficulties which might arise in the church, which could not be settled by the church, or the bishop...

View Glossary
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
, Illinois. According to JS’s journal, Law and Nickerson “had been fighting [for] some time p[r]evious” over ownership of two of the largest
islands

Two tree-covered islands located in Mississippi River between Nauvoo, Illinois, and Montrose, Iowa Territory. Important source of wood for Saints. JS hid on islands, Aug. 1842, while Missouri authorities sought to extradite him. Emma Smith, accompanied by...

More Info
in the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
across from Nauvoo.
1

JS, Journal, 19 Feb. 1843.


The islands were sold in 1842 after 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
District Court for the Territory of
Iowa

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

More Info
ruled in 1841 regarding conflicting property titles in the “
Half-Breed Tract

Tract consisted of 119,000 acres located in southeastern Iowa between Des Moines and Mississippi rivers. In 1824, U.S. Congress set aside tract for offspring of American Indian mothers and white fathers. Subsequent act passed, 1834, relinquishing Congress...

More Info
” in
Lee County

First permanent settlement established, 1820. Organized 1837. Population in 1838 about 2,800; in 1840 about 6,100; in 1844 about 9,800; and in 1846 about 13,000. Following expulsion from Missouri, 1838–1839, many Saints found refuge in eastern Iowa Territory...

More Info
, Iowa Territory. The court decreed that the entire tract, which included the islands in the Mississippi, should be divided into 101 parcels of equal value and then distributed to legitimate claimants.
2

Mason, “Decree in Partition of the Half Breed Tract,” 442–443; Wick, “Struggle for the Half-Breed Tract,” 16–29; Flanders, Nauvoo, 28–29.


Comprehensive Works Cited

Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

Wick, B. L. “The Struggle for the Half-Breed Tract.” Annals of Iowa 7, no. 1 (Apr. 1905): 16–29.

Flanders, Robert Bruce. Nauvoo: Kingdom on the Mississippi. Urbana: University of Illinois Press, 1965.

As the judgment was carried into effect, the commissioners appointed to divide the land argued that the many islands in the Mississippi and
Des Moines rivers

More Info
could not be divided equally. Instead, they recommended that the islands be sold at a public auction held in April 1842.
3

Mason, “Decree in Partition of the Half Breed Tract,” 449–455.


Comprehensive Works Cited

Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

Before the auction,
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
believed that he had entered into an arrangement with
Arthur Morrison

Ca. 1802–after 1850. Merchant, tailor, militia captain, judge. Born in Virginia. Moved to Batavia, Clermont Co., Ohio, by 1825. Married Keziah Ann Voriz, 17 Nov. 1825, in Clermont Co. Moved to Palestine, Darke Co., Ohio, by 1830. Baptized into Church of Jesus...

View Full Bio
to purchase islands 8 and 9—the largest islands for sale—and Nickerson had even given Morrison money for the purchase. At the auction, however, Morrison partnered with
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
, and shortly thereafter the two men received a deed to the islands.
4

Mason, “Decree in Partition of the Half Breed Tract,” 455; Lee Co., IA, Land Records, 1836–1961, vol. 3, pp. 352–353, 14 May 1842, microfilm 959,239, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

U.S. and Canada Record Collection. FHL.

Nevertheless, it appears Nickerson assumed that Morrison had made the purchase in Nickerson’s name and that Nickerson was the rightful owner of the islands. This issue came to a head sometime in winter 1842–1843, when Nickerson attempted to harvest lumber from one of the islands.
5

Nickerson may have been motivated by family interests to press his claim in January 1843. On 10 January 1843, Nickerson’s brother, Levi, purchased sixty-five acres on island 7, the third largest island across from Nauvoo, where he was apparently already living at the time of purchase. (Lee Co., IA, Land Records, 1836–1961, vol. 3, p. 575, 10 Jan. 1843, microfilm 959,239, U.S. and Canada Record Collection, FHL.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Joseph Smith III

6 Nov. 1832–10 Dec. 1914. Clerk, hotelier, farmer, justice of the peace, editor, minister. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Moved to Far West, Caldwell Co., Missouri, 1838; to Quincy, Adams Co., Illinois, 1839; and to Commerce ...

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later recalled witnessing an argument between Law and Nickerson at Law’s store in which Law accused Nickerson of trespassing on his island and stealing lumber. As the disagreement became more heated, about a half dozen men—including
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...

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—joined the argument in support of Law. Ultimately, the two men came to blows, and the other men had to physically separate them.
6

“The Memoirs of President Joseph Smith,” Saints’ Herald, 4 Dec. 1934, 1544–1545.


Comprehensive Works Cited

Saints’ Herald. Independence, MO. 1860–.

After the fight,
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
and
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
, who were both
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

View Glossary
members, preferred charges against each other to 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
high council, which met to hear the combined case on 19 February 1843 in the main room of the upper story of JS’s
store

Located in lower portion of Nauvoo (the flats) along bank of Mississippi River. Completed 1841. Opened for business, 5 Jan. 1842. Owned by JS, but managed mostly by others, after 1842. First floor housed JS’s general store and counting room, where tithing...

More Info
.
7

The high council trial that JS attended the previous day was likewise held in the main room, or lodge room, of JS’s store. (JS, Journal, 18 Feb. 1843.)


JS and
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
attended and presided over the meeting alongside Nauvoo
stake

Ecclesiastical organization of church members in a particular locale. Stakes were typically large local organizations of church members; stake leaders could include a presidency, a high council, and a bishopric. Some revelations referred to stakes “to” or...

View Glossary
president
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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and Marks’s counselor
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
. Although Hyrum Smith occasionally attended the high council meetings, which were often (though not in this case) held in his office, this is the only time JS’s attendance was noted in the official high council minutes from September 1842 to February 1843.
8

For example, JS’s journal recorded that one day earlier JS had attended the high council trial of Josiah Ells, but there is no record of JS’s attendance in the high council minutes for that date. (See JS, Journal, 18 Feb. 1843; and Nauvoo Stake High Council Minutes, 18 Feb. 1843, 31–32.)


Comprehensive Works Cited

Nauvoo Stake High Council Minutes, ca. 1839–ca. 1843. Fair copy. In Oliver Cowdery, Diary, Jan.–Mar. 1836. CHL.

It is unclear why JS attended this particular trial, though it may have had something to do with his brother’s role in the earlier conflict. Alternatively, JS may have particularly objected to the crowd’s actions during the fight between Law and Nickerson.
9

The day after the high council meeting, while presiding over a session of the mayor’s court, JS saw two boys fighting out of the window. He promptly halted the court, went outside, and separated the two boys, all while lecturing the bystanders “for not interfering in such cases” and humorously stating that “no body is allowed to fight in this city but me.” (JS, Journal, 20 Feb. 1843.)


The trial opened at nine o’clock in the morning and lasted until well after midnight due to the number of witnesses and the complexity of the case. JS’s journal described the experience as “listening to the proof of a great Big nothing.”
10

JS, Journal, 19 Feb. 1843.


Ultimately, JS expressed his disagreement with the district court’s decision to sell the islands but directed the two men to come to some compromise and honor Nickerson’s claim. Law and Nickerson agreed to JS’s conditions and then “shook hands in token of settlement of all diffculties.”
11

JS, Journal, 19 Feb. 1843.


Although the minutes repeatedly refer to “Brs Laws” (plural), suggesting that Wilson Law’s brother
William

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, 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
was likewise involved in the dispute, this was apparently an error. Extant legal and property records, the account of the trial in JS’s journal, and later reminiscences refer only to Wilson Law’s involvement.
12

Mason, “Decree in Partition of the Half Breed Tract,” 455; Lee Co., IA, Land Records, 1836–1961, vol. 3, pp. 352–353, 14 May 1842, microfilm 959,239, U.S. and Canada Record Collection, FHL; JS, Journal, 19 Feb. 1843; “The Memoirs of President Joseph Smith,” Saints’ Herald, 4 Dec. 1934, 1544–1545.


Comprehensive Works Cited

Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

U.S. and Canada Record Collection. FHL.

Saints’ Herald. Independence, MO. 1860–.

Hosea Stout

18 Sept. 1810–2 Mar. 1889. Farmer, teacher, carpenter, sawmill operator, lawyer. Born near Pleasant Hill, Mercer Co., Kentucky. Son of Joseph Stout and Anna Smith. Moved to Union Township, Clinton Co., Ohio, 1819; to Wilmington, Clinton Co., fall 1824; to...

View Full Bio
, the clerk of the
high council

A governing body of twelve high priests. The first high council was organized in Kirtland, Ohio, on 17 February 1834 “for the purpose of settling important difficulties which might arise in the church, which could not be settled by the church, or the bishop...

View Glossary
, kept the minutes for the meeting, presumably taking notes during the meeting that he later refined as he copied them into the high council’s minute book.

Footnotes

  1. [1]

    JS, Journal, 19 Feb. 1843.

  2. [2]

    Mason, “Decree in Partition of the Half Breed Tract,” 442–443; Wick, “Struggle for the Half-Breed Tract,” 16–29; Flanders, Nauvoo, 28–29.

    Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

    Wick, B. L. “The Struggle for the Half-Breed Tract.” Annals of Iowa 7, no. 1 (Apr. 1905): 16–29.

    Flanders, Robert Bruce. Nauvoo: Kingdom on the Mississippi. Urbana: University of Illinois Press, 1965.

  3. [3]

    Mason, “Decree in Partition of the Half Breed Tract,” 449–455.

    Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

  4. [4]

    Mason, “Decree in Partition of the Half Breed Tract,” 455; Lee Co., IA, Land Records, 1836–1961, vol. 3, pp. 352–353, 14 May 1842, microfilm 959,239, U.S. and Canada Record Collection, FHL.

    Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

    U.S. and Canada Record Collection. FHL.

  5. [5]

    Nickerson may have been motivated by family interests to press his claim in January 1843. On 10 January 1843, Nickerson’s brother, Levi, purchased sixty-five acres on island 7, the third largest island across from Nauvoo, where he was apparently already living at the time of purchase. (Lee Co., IA, Land Records, 1836–1961, vol. 3, p. 575, 10 Jan. 1843, microfilm 959,239, U.S. and Canada Record Collection, FHL.)

    U.S. and Canada Record Collection. FHL.

  6. [6]

    “The Memoirs of President Joseph Smith,” Saints’ Herald, 4 Dec. 1934, 1544–1545.

    Saints’ Herald. Independence, MO. 1860–.

  7. [7]

    The high council trial that JS attended the previous day was likewise held in the main room, or lodge room, of JS’s store. (JS, Journal, 18 Feb. 1843.)

  8. [8]

    For example, JS’s journal recorded that one day earlier JS had attended the high council trial of Josiah Ells, but there is no record of JS’s attendance in the high council minutes for that date. (See JS, Journal, 18 Feb. 1843; and Nauvoo Stake High Council Minutes, 18 Feb. 1843, 31–32.)

    Nauvoo Stake High Council Minutes, ca. 1839–ca. 1843. Fair copy. In Oliver Cowdery, Diary, Jan.–Mar. 1836. CHL.

  9. [9]

    The day after the high council meeting, while presiding over a session of the mayor’s court, JS saw two boys fighting out of the window. He promptly halted the court, went outside, and separated the two boys, all while lecturing the bystanders “for not interfering in such cases” and humorously stating that “no body is allowed to fight in this city but me.” (JS, Journal, 20 Feb. 1843.)

  10. [10]

    JS, Journal, 19 Feb. 1843.

  11. [11]

    JS, Journal, 19 Feb. 1843.

  12. [12]

    Mason, “Decree in Partition of the Half Breed Tract,” 455; Lee Co., IA, Land Records, 1836–1961, vol. 3, pp. 352–353, 14 May 1842, microfilm 959,239, U.S. and Canada Record Collection, FHL; JS, Journal, 19 Feb. 1843; “The Memoirs of President Joseph Smith,” Saints’ Herald, 4 Dec. 1934, 1544–1545.

    Mason, Charles. “Decree in Partition of the Half Breed Tract in Lee County, Iowa, 1840.” Annals of Iowa 14, no. 6 (Fall 1924): 424–460.

    U.S. and Canada Record Collection. FHL.

    Saints’ Herald. Independence, MO. 1860–.

Page 33

be plaintiff. One were appointed to speak on a side viz. (7
Grover

22 July 1807–20 Feb. 1886. Farmer, boat operator. Born at Whitehall, Washington Co., New York. Son of Thomas Grover and Polly Spaulding. Married first Caroline Whiting of Whitehall, 1828. Became a Methodist preacher, by 1834. Moved to Freedom, Cattaraugus...

View Full Bio
and (8
Johnson

22 June 1806–10 May 1877. Farmer, gunmaker. Born in Haddam, Middlesex Co., Connecticut. Son of Didymus Johnson and Ruhamah Stephens. Joined Methodist church, early 1820s. Married Polly Zeruah Kelsey, 13 Sept. 1827, in New Haven, New Haven Co., Connecticut...

View Full Bio
.
4

According to the 1834 guidelines for high councils, when a high council met to judge a case the members were to first determine whether it was a difficult case. If they determined it was not, then only two counselors would be chosen to advocate during the trial. (Revised Minutes, 18–19 Feb. 1834 [D&C 102:13].)


There were a great many witnesses on both sides and a very long trial ensued which lasted from 9 o’clock A.M. till midnight.
5

Although the minutes state the trial lasted from nine in the morning to midnight, JS’s journal states that it lasted “from 9 A.M. to 1 P.M.” Willard Richards’s use of “P.M” in the journal is almost certainly an error. (JS, Journal, 19 Feb. 1843.)


The essential grounds of difficulty was concerning the title to some of the
islands

Two tree-covered islands located in Mississippi River between Nauvoo, Illinois, and Montrose, Iowa Territory. Important source of wood for Saints. JS hid on islands, Aug. 1842, while Missouri authorities sought to extradite him. Emma Smith, accompanied by...

More Info
in the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
, both parties supposing they had a good right to the same island or a part of an island. The matter was as follows. There had been a decree, in the Court of
Chancery

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

View Glossary
in
Iowa Teritory

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

More Info
, to sell the said islands as a part of the
“half Breed” track

Tract consisted of 119,000 acres located in southeastern Iowa between Des Moines and Mississippi rivers. In 1824, U.S. Congress set aside tract for offspring of American Indian mothers and white fathers. Subsequent act passed, 1834, relinquishing Congress...

More Info
of land and
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
put in money with
Arthur Morrison

Ca. 1802–after 1850. Merchant, tailor, militia captain, judge. Born in Virginia. Moved to Batavia, Clermont Co., Ohio, by 1825. Married Keziah Ann Voriz, 17 Nov. 1825, in Clermont Co. Moved to Palestine, Darke Co., Ohio, by 1830. Baptized into Church of Jesus...

View Full Bio
, to buy his claim, who was to bid it off for him & make a deed to
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
, which he did not do but sold the island to Brs Laws & did did not reserve the claim for
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
which he had purchased with
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
s money neither did he let Brs Laws know the situation of
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
’s Claim. Neither party knew the situation of the others claim and each <​party​> supposed the other to be trespassing on his claim. Moreover there was a Law in the Teritory of
Iowa

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

More Info
which guarenteed to each actual settler his claim on certain conditions by which law
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
had a good title to his claim.
6

Iowa Territory had passed several liberal laws regarding property claims on public land. These laws recognized as “valid in law or equity” all contracts or promises “either written or verbal” pertaining to claims on public land and allowed squatters the right to sue others for trespass on their claims. (An Act to Provide for the Collection of Demands Growing out of Contracts for Sales of Improvements on Public Lands [15 Jan. 1839]; An Act to Prevent Trespass and Other Injuries Being Done to the Possession of Settlers on the Public Domain [25 Jan. 1839], Statute Laws of the Territory of Iowa, pp. 388–389.)


Comprehensive Works Cited

The Statute Laws of the Territory of Iowa, Enacted at the First Session of the Legislative Assembly of Said Territory, Held at Burlington, A. D. 1838–’39. Dubuque, Iowa Territory: Russell and Reeves, 1839. Reprint, Des Moines: Historical Department of Iowa, 1900.

President Joseph Smith spoke at length on the subject clearly showing the situation of the affair, and what was the true nature of the titles to the islands. That they did not belong to the
“Half Breed tract”

Tract consisted of 119,000 acres located in southeastern Iowa between Des Moines and Mississippi rivers. In 1824, U.S. Congress set aside tract for offspring of American Indian mothers and white fathers. Subsequent act passed, 1834, relinquishing Congress...

More Info
and also that the Court of Chancery had no right to sell them. That they were refused lands which the goverment did not see fit to do any thing with consequently were free plunder or belonged to the actual setler &c
7

JS was likely referring to the popular conception of “refuse lands,” although his understanding of this designation appears unique. United States senator Thomas Hart Benton from Missouri popularized the idea of “refuse lands” with an 1824 bill that proposed significantly lowering the price of any public land not purchased within five years of being surveyed, reasoning that such land must be of too poor quality for settling. Although Benton’s bill did not pass, the concept remained popular—especially in western frontier states like Illinois—and there were several later attempts to pass similar legislation, though none succeeded.a In contrast to this common understanding of refuse lands, JS used the term here to refer to lands that had never been surveyed and therefore could not be sold. He stated this more clearly in April 1843 at a special church conference while discussing land claims on the islands. There he reported that “Dr Galland said those Islands dont belong to any body, they were throon [thrown] out of U.S. survey.— hence no man had a claim.”b JS may have been correct on this point, as the 1833 survey of the Iowa Half-Breed Tract did not include any of the islands in the Mississippi River.c(aA Bill to Sell and Dispose of the Refuse Lands of the United States, S. Bill no. 104, 18th Cong., 1st Sess., pp. 1–2 [1824]; see also A Bill to Graduate the Price of Public Lands, to Make Provision for Actual Settlers, and to Cede the Refuse Lands to the States in Which They Lie, H.R. Bill no. 85, 24th Cong., 1st Sess., pp. 1–3 [1836]; and A Bill to Grant to the State of Illinois Certain Wet and Refuse Lands in Said State, H.R. Bill no. 385, 27th Cong., 2nd Sess., pp. 1–2 [1842].bJS, Journal, 6 Apr. 1843.cOriginal Survey Map for Half Breed Sac and Fox Reservation, Lee Co., Iowa Territory, 5 July 1833, DM ID no. 384283, General Land Office Records, Bureau of Land Management.)


Comprehensive Works Cited

A Bill to Sell and Dispose of the Refuse Lands of the United States. S. no. 104, 18th Cong., 1st Sess. (1824).

A Bill to Graduate the Price of Public Lands, to Make Provision for Actual Settlers, and to Cede the Refuse Lands to the States in Which They Lie. H.R. no. 85, 24th Cong., 1st Sess. (1836).

A Bill to Grant to the State of Illinois Certain Wet and Refuse Lands in Said State. H.R. no. 385, 27th Cong., 2nd Sess. (1842).

General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

although, as they were to be sold, it was best that th[e]
8

TEXT: “th[page damaged]”. Missing character supplied from context.


brethren buy them to avoid any difficulty with those ou[t]
9

TEXT: “ou[page damaged]”. Missing character supplied from context.


of the
Church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

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, who might buy them &c
As the matter appointed appeared to be, whether
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
should give
Nickerson

14 Nov. 1810–18 June 1888. Horse trainer and doctor, laborer. Born in Cavendish, Windsor Co., Vermont. Son of Freeman Nickerson and Huldah Chapman. Baptized into Church of Jesus Christ of Latter-day Saints, Apr. 1833. Married Mary Ann Richardson, Apr. 1834...

View Full Bio
a title to his claim according to the money he put in or not (i. E.) a title from the Court [p. 33]
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Source Note

Document Transcript

Page 33

Document Information

Related Case Documents
Editorial Title
Minutes and Discourse, 19 February 1843
ID #
10768
Total Pages
3
Print Volume Location
JSP, D11:442–446
Handwriting on This Page
  • Hosea Stout

Footnotes

  1. [4]

    According to the 1834 guidelines for high councils, when a high council met to judge a case the members were to first determine whether it was a difficult case. If they determined it was not, then only two counselors would be chosen to advocate during the trial. (Revised Minutes, 18–19 Feb. 1834 [D&C 102:13].)

  2. [5]

    Although the minutes state the trial lasted from nine in the morning to midnight, JS’s journal states that it lasted “from 9 A.M. to 1 P.M.” Willard Richards’s use of “P.M” in the journal is almost certainly an error. (JS, Journal, 19 Feb. 1843.)

  3. [6]

    Iowa Territory had passed several liberal laws regarding property claims on public land. These laws recognized as “valid in law or equity” all contracts or promises “either written or verbal” pertaining to claims on public land and allowed squatters the right to sue others for trespass on their claims. (An Act to Provide for the Collection of Demands Growing out of Contracts for Sales of Improvements on Public Lands [15 Jan. 1839]; An Act to Prevent Trespass and Other Injuries Being Done to the Possession of Settlers on the Public Domain [25 Jan. 1839], Statute Laws of the Territory of Iowa, pp. 388–389.)

    The Statute Laws of the Territory of Iowa, Enacted at the First Session of the Legislative Assembly of Said Territory, Held at Burlington, A. D. 1838–’39. Dubuque, Iowa Territory: Russell and Reeves, 1839. Reprint, Des Moines: Historical Department of Iowa, 1900.

  4. [7]

    JS was likely referring to the popular conception of “refuse lands,” although his understanding of this designation appears unique. United States senator Thomas Hart Benton from Missouri popularized the idea of “refuse lands” with an 1824 bill that proposed significantly lowering the price of any public land not purchased within five years of being surveyed, reasoning that such land must be of too poor quality for settling. Although Benton’s bill did not pass, the concept remained popular—especially in western frontier states like Illinois—and there were several later attempts to pass similar legislation, though none succeeded.a In contrast to this common understanding of refuse lands, JS used the term here to refer to lands that had never been surveyed and therefore could not be sold. He stated this more clearly in April 1843 at a special church conference while discussing land claims on the islands. There he reported that “Dr Galland said those Islands dont belong to any body, they were throon [thrown] out of U.S. survey.— hence no man had a claim.”b JS may have been correct on this point, as the 1833 survey of the Iowa Half-Breed Tract did not include any of the islands in the Mississippi River.c

    (aA Bill to Sell and Dispose of the Refuse Lands of the United States, S. Bill no. 104, 18th Cong., 1st Sess., pp. 1–2 [1824]; see also A Bill to Graduate the Price of Public Lands, to Make Provision for Actual Settlers, and to Cede the Refuse Lands to the States in Which They Lie, H.R. Bill no. 85, 24th Cong., 1st Sess., pp. 1–3 [1836]; and A Bill to Grant to the State of Illinois Certain Wet and Refuse Lands in Said State, H.R. Bill no. 385, 27th Cong., 2nd Sess., pp. 1–2 [1842]. bJS, Journal, 6 Apr. 1843. cOriginal Survey Map for Half Breed Sac and Fox Reservation, Lee Co., Iowa Territory, 5 July 1833, DM ID no. 384283, General Land Office Records, Bureau of Land Management.)

    A Bill to Sell and Dispose of the Refuse Lands of the United States. S. no. 104, 18th Cong., 1st Sess. (1824).

    A Bill to Graduate the Price of Public Lands, to Make Provision for Actual Settlers, and to Cede the Refuse Lands to the States in Which They Lie. H.R. no. 85, 24th Cong., 1st Sess. (1836).

    A Bill to Grant to the State of Illinois Certain Wet and Refuse Lands in Said State. H.R. no. 385, 27th Cong., 2nd Sess. (1842).

    General Land Office Records. Bureau of Land Management, U.S. Department of the Interior. Digital images of the land patents cited herein are available at http://www.glorecords.blm.gov/.

  5. [8]

    TEXT: “th[page damaged]”. Missing character supplied from context.

  6. [9]

    TEXT: “ou[page damaged]”. Missing character supplied from context.

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