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Ordinance, 21 December 1843

Source Note

Nauvoo City Council, Ordinance, [
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], 21 Dec. 1843. Featured version copied [ca. 21 Dec. 1843] in Nauvoo City Council Minute Book, pp. 197–198; handwriting of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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

Historical Introduction

On 21 December 1843, 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
, Illinois, city council, presided over by JS as mayor, passed an ordinance partially suspending the execution of external legal process in Nauvoo. The ordinance was apparently a response to the ongoing conflict over the kidnapping of
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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member
Daniel Avery

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

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.
1

For more information on the Avery kidnapping, see “Joseph Smith Documents from August through December 1843.”


At a meeting on 8 December, the city council passed an ordinance that criminalized attempts to arrest JS or others in Nauvoo on charges related to the “
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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difficulties.” Anyone found in violation of the ordinance could be arrested with or without legal process and imprisoned for life.
2

Ordinance, 8 Dec. 1843.


At that same meeting, JS suggested that the city “pass an ordina[n]ce to suspend the operation of the statu[t]es” in Nauvoo, likely a reference to potentially suspending all legal process originating outside the city.
3

Minutes, 8 Dec. 1843.


By 21 December, the city council determined to follow JS’s suggestion.
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’s efforts to curtail or control any legal process originating outside the city reflected the burgeoning conflict with local antagonists. While the earlier ordinance attempted to address the threat of extradition or kidnappings to
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
, the 21 December ordinance indicates that JS and others in Nauvoo viewed writs and warrants issued by external courts of law as potential tools of retribution against them. To combat this threat, JS and other civic leaders sought not only to shore up Nauvoo’s ability to control such process but also to interfere with external legal process. To protect Latter-day Saints from what they saw as unjust legal retribution, JS and others were also reportedly willing to engage in extralegal activities. During the night of 20–21 December, about ten Nauvoo residents—apparently acting on JS’s orders—crossed into
Iowa Territory

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...

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and attempted to prevent Iowans
Ebenezer Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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and Mark Childs from traveling to Missouri to testify against
Daniel Avery

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

View Full Bio
before the Clark County grand jury.
4

JS, Journal, 21 Dec. 1843; Charles Shumway, Report, ca. 1843, Historian’s Office, JS History Documents, ca. 1839–1860, CHL; Jackson, Narrative, 15–19.


Comprehensive Works Cited

Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.

Jackson, Joseph H. A Narrative of the Adventures and Experience of Joseph H. Jackson, in Nauvoo. Disclosing the Depths of Mormon Villainy. Warsaw, IL: By the author, 1844.

Meanwhile, JS and the city council continued their efforts to safeguard
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
through additional city ordinances. At noon on 21 December, the Nauvoo City Council assembled for its regularly appointed session. A significant portion of the meeting consisted of revising and approving a memorial requesting that Congress grant all the rights and powers of a federal territory to Nauvoo—another attempt to establish Nauvoo’s political and legal independence.
5

Minutes, 21 Dec. 1843; Memorial to the United States Senate and House of Representatives, ca. 16 Dec. 1843–12 Feb. 1844.


The council then passed the ordinance controlling legal process in the city. Typically,
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...

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legal process, such as subpoenas, warrants, and other legal writs, originated from county justices of the peace or circuit courts and was served by constables or sheriffs, respectively. Nauvoo’s 21 December ordinance, however, stripped these law officers of the authority to serve writs in the city, stating that any writ or warrant originating outside the city had to be approved and endorsed by the mayor and executed by the city marshal.
6

Minutes, 21 Dec. 1843.


While it expanded Nauvoo’s jurisdiction over external legal process beyond the 8 December ordinance, the 21 December ordinance also significantly lessened the potential prison sentence and added a small fine.
7

See Ordinance, 8 Dec. 1843.


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 recorder,
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, prepared an initial draft of the 21 December ordinance, which he then revised. The draft and its revisions were apparently made prior to the city council meeting, at which the bill was presented to the council, read three times, and passed without discussion or amendment.
8

Minutes, 21 Dec. 1843.


Once the city council passed the ordinance, Richards signed the revised draft both as city recorder and on behalf of JS as mayor.
9

Ordinance, 21 Dec. 1843, draft, Nauvoo, IL, Records, CHL.


Richards subsequently made a fair copy, featured here, in Nauvoo’s city council minute book.
Although the 21 December ordinance granted
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
’s city government even greater power to control legal process, it did not receive as much national attention as the 8 December ordinance.
10

See Historical Introduction to Ordinance, 8 Dec. 1843.


The new ordinance did add considerable tension to the already strained relationship between the citizens of Nauvoo and the rest 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 ...

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. In early January, residents in
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, Hancock County, began violently opposing law officers from Nauvoo, explaining that “the old citizens felt disposed to stop the execution of processers [process], issuing from” Nauvoo in retaliation for the 21 December ordinance.
11

JS, Journal, 6, 8, and 9 Jan. 1844; Nauvoo City Council Rough Minute Book, 10 Jan. 1844, 40.


JS attempted to alleviate the concerns of a delegation from Carthage, claiming that the “nature and reason of the ordinance . . . was to prevent kidnapping under the prete[n]ce of Law, or process, & to further the apprehension of theives &c in this city.” He called on the city council to pass an amendment to the 21 December ordinance “so that the public might unde[r]stand the ordinance in its true light.”
12

Nauvoo City Council Rough Minute Book, 10 Jan. 1844, 40–41.


The new third section of the ordinance clarified “that nothing in the foregoing ordinance shall be so construed as to prevent, hinder or thwart the designs of Justice, or to retard the civil officers of the State or County in the discharge of their official duties, but to aid and assist them within the limits of this City.”
13

Nauvoo City Council Minute Book, 10 Jan. 1844, 200.


A month later, in February 1844, the city council repealed the 21 December ordinance at JS’s recommendation.
14

JS, Journal, 12 Feb. 1844; Nauvoo City Council Minute Book, 12 Feb. 1844, 203.


Footnotes

  1. [1]

    For more information on the Avery kidnapping, see “Joseph Smith Documents from August through December 1843.”

  2. [2]

    Ordinance, 8 Dec. 1843.

  3. [3]

    Minutes, 8 Dec. 1843.

  4. [4]

    JS, Journal, 21 Dec. 1843; Charles Shumway, Report, ca. 1843, Historian’s Office, JS History Documents, ca. 1839–1860, CHL; Jackson, Narrative, 15–19.

    Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.

    Jackson, Joseph H. A Narrative of the Adventures and Experience of Joseph H. Jackson, in Nauvoo. Disclosing the Depths of Mormon Villainy. Warsaw, IL: By the author, 1844.

  5. [5]

    Minutes, 21 Dec. 1843; Memorial to the United States Senate and House of Representatives, ca. 16 Dec. 1843–12 Feb. 1844.

  6. [6]

    Minutes, 21 Dec. 1843.

  7. [7]

    See Ordinance, 8 Dec. 1843.

  8. [8]

    Minutes, 21 Dec. 1843.

  9. [9]

    Ordinance, 21 Dec. 1843, draft, Nauvoo, IL, Records, CHL.

  10. [10]

    See Historical Introduction to Ordinance, 8 Dec. 1843.

  11. [11]

    JS, Journal, 6, 8, and 9 Jan. 1844; Nauvoo City Council Rough Minute Book, 10 Jan. 1844, 40.

  12. [12]

    Nauvoo City Council Rough Minute Book, 10 Jan. 1844, 40–41.

  13. [13]

    Nauvoo City Council Minute Book, 10 Jan. 1844, 200.

  14. [14]

    JS, Journal, 12 Feb. 1844; Nauvoo City Council Minute Book, 12 Feb. 1844, 203.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Ordinance, 21 December 1843, Draft
Ordinance, 21 December 1843
Nauvoo City Council Minute Book, 1841–1845 Ordinance, 21 December 1843, as Published in Nauvoo Neighbor –A Ordinance, 21 December 1843, as Published in Nauvoo Neighbor –B

Page 197

An Ordinance
1

TEXT: “An Ordinance” is double underlined.


to prevent unlawful search or seizure of person or property by foreign process in 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
.
Sec 1.
2

TEXT: Written in left margin.


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
, to prevent kidnapping, illegal arrests of persons, or unlawful searches for property, that all writs or warrants issued out of 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
, shall, before they are executed within the limits of said
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, be examined by, and receive the approval and signature of the mayor of said
city

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, on the back of said process, and be served by the marshal of said
City

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
.
Sec 2.
3

TEXT: Written in left margin.


And be it further Ordained that every officer, who shall execute or attempt to execute, any process as [p. 197]
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Page 197

Document Information

Related Case Documents
Editorial Title
Ordinance, 21 December 1843
ID #
12381
Total Pages
2
Print Volume Location
JSP, D13:421–423
Handwriting on This Page
  • Willard Richards

Footnotes

  1. [1]

    TEXT: “An Ordinance” is double underlined.

  2. [2]

    TEXT: Written in left margin.

  3. [3]

    TEXT: Written in left margin.

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