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Ordinance, 8 December 1843–A

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], 8 Dec. 1843. Featured version copied [ca. 8 Dec. 1843] in Nauvoo City Council Minute Book, 191–192; handwriting of
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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. For more complete source information, see the source note for Nauvoo City Council Minute Book.

Historical Introduction

On 8 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 passed an ordinance to protect JS and other city residents from extradition 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 ordinance served as a response to the ongoing threats presented by the kidnappings of
Daniel

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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and
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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and rumors of a renewed attempt to extradite JS.
1

For more information on the Avery kidnappings, see “Part 5: December 1843.”


To counteract these threats, at about eleven o’clock in the morning on 8 December, JS likely instructed the council to create this ordinance and then called for a special session of the city council to prepare the city “for any invasion from Missouri.”
2

JS, Journal, 8 Dec. 1843. Before calling the council, JS gave “instructi[o]n concern[in]g dam across the Missisippi. and other ord[i]nance”; this is likely the other ordinance.


JS also issued orders to the city marshal and the
Nauvoo

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...

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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...

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, instructing them to be ready, as needed, to “compel obedience” to city laws and protect residents from possible kidnapping threats.
3

Mayor’s Order to Henry G. Sherwood, 8 Dec. 1843; Military Order to Wilson Law, 8 Dec. 1843; see also Requisition from Henry G. Sherwood, 8 Dec. 1843.


The city council assembled at four o’clock on the afternoon of 8 December. According to the meeting minutes, the council read and passed the featured ordinance without much discussion.
4

Minutes, 8 Dec. 1843.


The ordinance condemned
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
officials’ repeated attempts to prosecute JS and criminalized entering
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 arrest JS or any other resident on charges related to the “Missouri difficulties.” Such an offender could be arrested with or without due process and imprisoned in the city jail for life. The ordinance also specified that the governor could pardon an offender, but only with the consent of Nauvoo’s mayor.
At the conclusion of its meeting, the city council ordered that this ordinance “be printed immediately” and that
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
residents assemble the next day to hear it read publicly.
5

Minutes, 8 Dec. 1843.


Once the ordinance passed,
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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made a fair copy, which
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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signed on behalf of JS.
6

“An Extra Ordinance for the Extra Case of Joseph Smith and Others,” 8 Dec. 1843, copy, JS Collection (Supplement), CHL.


Bullock also made a second copy containing instructions for the
printing office

Located at four different sites from 1839–1846: cellar of warehouse on bank of Mississippi River, June–Aug. 1839; frame building on northeast corner of Water and Bain streets, Nov. 1839–Nov. 1841; newly built printing establishment on northwest corner of ...

More Info
; the Nauvoo Neighbor published that copy in an extra issue dated 9 December.
7

“An Extra Ordinance for the Extra Case of Joseph Smith and Others,” 8 Dec. 1843, copy, JS Collection (Supplement), CHL; Nauvoo Neighbor, Extra, 9 Dec. 1843, [1].


Presumably around the same time, Bullock copied the ordinance into the city council’s minute book, which is the copy featured here as a representative sample of the ordinances passed during this meeting.
The Anti-Mormon Party and others in
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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opposed the ordinance shortly after its passage. Public meetings at Green Plains and
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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in Hancock County condemned the ordinance; the Warsaw Message republished it twice as an example of “how utterly regardless of all law and right & decency”
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 council had become.
8

“Meeting at Green Plains,” Warsaw (IL) Message, 3 Jan. 1844, [2]; “Meeting of Citizens at Carthage,” Warsaw Message, 17 Jan. 1844, Extra, [2]–[3]; Editorial, Warsaw Message, 10 Jan. 1844, [2]; 17 Jan. 1844, [1], [4].


Comprehensive Works Cited

Warsaw Message. Warsaw, IL. 1843–1844.

Noting the harsh punishment and limitations of the governor’s authority, the Quincy Whig described the ordinance as “a pretty kettle of fish.”
9

“Nauvoo City Council—Gen. Joseph Smith—Special Privileges, &c.,” Quincy (IL) Whig, 27 Dec. 1843, [2].


Comprehensive Works Cited

Quincy Whig. Quincy, IL. 1838–1856.

A number of influential eastern newspapers, such as the Daily National Intelligencer and Niles’ National Register, broadly reprinted, quoted, or referenced the ordinance and uniformly condemned it as evidence of JS’s or the
Saints

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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’ contempt for legal authority.
10

See, for example, “The Mormons,” Daily National Intelligencer (Washington DC), 9 Jan. 1844, [3]; “The Mormons,” New-York Commercial Advertiser (New York City), 10 Jan. 1844, [1]; “The Mormons and Their Prophet—Legislation at Nauvoo—the Temple,” New-York Daily Tribune (New York City), 27 Jan. 1844, [1]; and “The Mormons,” Niles’ National Register (Baltimore), 3 Feb. 1844, 354.


Comprehensive Works Cited

Daily National Intelligencer. Washington DC. 1800–1869.

New-York Commercial Advertiser. New York City. 1831–1889.

New-York Daily Tribune. New York City. 1841–1924.

Niles’ National Register. Washington DC, 1837–1839; Baltimore, 1839–1848; Philadelphia, 1848–1849.

Likely in response to this overwhelmingly negative response, the Nauvoo City Council repealed the ordinance in February 1844 at JS’s recommendation.
11

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


Footnotes

  1. [1]

    For more information on the Avery kidnappings, see “Part 5: December 1843.”

  2. [2]

    JS, Journal, 8 Dec. 1843. Before calling the council, JS gave “instructi[o]n concern[in]g dam across the Missisippi. and other ord[i]nance”; this is likely the other ordinance.

  3. [3]

    Mayor’s Order to Henry G. Sherwood, 8 Dec. 1843; Military Order to Wilson Law, 8 Dec. 1843; see also Requisition from Henry G. Sherwood, 8 Dec. 1843.

  4. [4]

    Minutes, 8 Dec. 1843.

  5. [5]

    Minutes, 8 Dec. 1843.

  6. [6]

    “An Extra Ordinance for the Extra Case of Joseph Smith and Others,” 8 Dec. 1843, copy, JS Collection (Supplement), CHL.

  7. [7]

    “An Extra Ordinance for the Extra Case of Joseph Smith and Others,” 8 Dec. 1843, copy, JS Collection (Supplement), CHL; Nauvoo Neighbor, Extra, 9 Dec. 1843, [1].

  8. [8]

    “Meeting at Green Plains,” Warsaw (IL) Message, 3 Jan. 1844, [2]; “Meeting of Citizens at Carthage,” Warsaw Message, 17 Jan. 1844, Extra, [2]–[3]; Editorial, Warsaw Message, 10 Jan. 1844, [2]; 17 Jan. 1844, [1], [4].

    Warsaw Message. Warsaw, IL. 1843–1844.

  9. [9]

    “Nauvoo City Council—Gen. Joseph Smith—Special Privileges, &c.,” Quincy (IL) Whig, 27 Dec. 1843, [2].

    Quincy Whig. Quincy, IL. 1838–1856.

  10. [10]

    See, for example, “The Mormons,” Daily National Intelligencer (Washington DC), 9 Jan. 1844, [3]; “The Mormons,” New-York Commercial Advertiser (New York City), 10 Jan. 1844, [1]; “The Mormons and Their Prophet—Legislation at Nauvoo—the Temple,” New-York Daily Tribune (New York City), 27 Jan. 1844, [1]; and “The Mormons,” Niles’ National Register (Baltimore), 3 Feb. 1844, 354.

    Daily National Intelligencer. Washington DC. 1800–1869.

    New-York Commercial Advertiser. New York City. 1831–1889.

    New-York Daily Tribune. New York City. 1841–1924.

    Niles’ National Register. Washington DC, 1837–1839; Baltimore, 1839–1848; Philadelphia, 1848–1849.

  11. [11]

    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. History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] Ordinance, 8 December 1843–A, Thomas Bullock First Copy Ordinance, 8 December 1843–A, Thomas Bullock Second Copy *Ordinance, 8 December 1843–A Nauvoo City Council Minute Book, 1841–1845 Ordinance, 8 December 1843–A, as Published in Nauvoo Neighbor –A Ordinance, 8 December 1843–A, as Published in Nauvoo Neighbor –B History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page 192

that hereafter, if any person or persons shall come with process, demand or requisition founded upon the aforesaid
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
difficulties to arrest said Joseph Smith. He or they so offending shall be subject to be arrested by any Officer 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
, with or without process, and tried by the Municipal Court, upon testimony, and if found guilty sentenced to imprisonment in the City Prison for life,
11

Nauvoo did not have a city jail, but the city council initiated proceedings a week later to have one constructed. (Nauvoo City Council Rough Minute Book, 16 Dec. 1843, 27.)


which convict or convicts can only be pardoned by the Governor with the consent 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
.
Section 2. And be it further Ordained, that the preceeding section shall apply to the case of every and all persons that may be arrested, demanded or required upon any charge founded in the aforesaid
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
difficulties.
Section 3. And be it further ordained, that the Jury that makes the presentment in any case above specified, shall not, nor either of them, act as Jurors on the final trial, but the trial shall be conducted according to the fifth and sixth articles of the amendment 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
.
12

Presumably, this section was included to bring the ordinance into compliance with the Fifth Amendment to the United States Constitution, given the ordinance’s punishment of life in prison. The Fifth Amendment states that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,” while the Sixth Amendment guarantees the right to trial before an “impartial jury” in all criminal cases. The wording of this section and its references to these specific constitutional amendments implies that the city council believed it had the power to summon a grand jury and issue indictments based on its findings. No other city council ordinance suggests that the city had this right. According to Illinois statutes, only a county commissioners’ court could assemble a grand jury. (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], pp. 395–396, sec. 2.)


Comprehensive Works Cited

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.

Passed December 8. 1843.
Joseph Smith Mayor
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...

View Full Bio
, Recorder
<​exd.​>
13

Thomas Bullock inserted this same abbreviation at the end of both the 8 December 1843 ordinance authorizing the construction of a wing dam in the Mississippi River and the 12 December 1843 ordinance amending an 1842 ordinance regarding public revenue. He also included this abbreviation on his copies of the correspondence from the Illinois attorney general and his predecessor regarding the Nauvoo Legion. (“An Ordinance to Erect a Dam in the Mississippi River, and for Other Purposes,” 8 Dec. 1843, JS Office Papers, CHL; Nauvoo City Council Minute Book, 12 Dec. 1843, 193; William Ewing, [Springfield, IL], to John Bills, [Nauvoo, IL], ca. 30 Nov. 1843, JS Office Papers, CHL; see also Nauvoo City Council Minute Book, 8 Dec. 1843, 192–193; 12 Feb. and 14 Dec. 1844, 203, 227.)


[p. 192]
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Source Note

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Page 192

Document Information

Related Case Documents
Editorial Title
Ordinance, 8 December 1843–A
ID #
8452
Total Pages
2
Print Volume Location
JSP, D13:341–345
Handwriting on This Page
  • Thomas Bullock

Footnotes

  1. [11]

    Nauvoo did not have a city jail, but the city council initiated proceedings a week later to have one constructed. (Nauvoo City Council Rough Minute Book, 16 Dec. 1843, 27.)

  2. [12]

    Presumably, this section was included to bring the ordinance into compliance with the Fifth Amendment to the United States Constitution, given the ordinance’s punishment of life in prison. The Fifth Amendment states that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,” while the Sixth Amendment guarantees the right to trial before an “impartial jury” in all criminal cases. The wording of this section and its references to these specific constitutional amendments implies that the city council believed it had the power to summon a grand jury and issue indictments based on its findings. No other city council ordinance suggests that the city had this right. According to Illinois statutes, only a county commissioners’ court could assemble a grand jury. (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], pp. 395–396, sec. 2.)

    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.

  3. [13]

    Thomas Bullock inserted this same abbreviation at the end of both the 8 December 1843 ordinance authorizing the construction of a wing dam in the Mississippi River and the 12 December 1843 ordinance amending an 1842 ordinance regarding public revenue. He also included this abbreviation on his copies of the correspondence from the Illinois attorney general and his predecessor regarding the Nauvoo Legion. (“An Ordinance to Erect a Dam in the Mississippi River, and for Other Purposes,” 8 Dec. 1843, JS Office Papers, CHL; Nauvoo City Council Minute Book, 12 Dec. 1843, 193; William Ewing, [Springfield, IL], to John Bills, [Nauvoo, IL], ca. 30 Nov. 1843, JS Office Papers, CHL; see also Nauvoo City Council Minute Book, 8 Dec. 1843, 192–193; 12 Feb. and 14 Dec. 1844, 203, 227.)

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