The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 

Ordinances, 30 January 1843

Source Note

Nauvoo City Council, Ordinances,
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, 30 Jan. 1843. Featured version copied [ca. 30 Jan. 1843] in Nauvoo City Council Minute Book, pp. 151–158; 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 30 January 1843, as mayor 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, JS signed an omnibus ordinance that attempted to regulate increasingly concerning behaviors in the city as Nauvoo’s population grew. Owing to its wide-ranging purposes, the ordinance is made up of six divisions, each split into its own sections establishing laws on a different issue. The Nauvoo City Council approved the new measures with the goal of increasing law and order in the city amid rapid population growth. Extant records indicate that during 1842 and early 1843, the arrival of Latter-day Saints from Great Britain may have added more than 1,800 people to Nauvoo and the surrounding regions.
1

“Emigration Movements,” Millennial Star, Mar. 1842, 2:155; “Emigration,” Millennial Star, Oct. 1842, 3:112; Andrew Jenson, “Church Emigration,” Contributor, Oct. 1891, 441, 444–448.


Comprehensive Works Cited

Latter-day Saints’ Millennial Star. Manchester, England, 1840–1842; Liverpool, 1842–1932; London, 1932–1970.

Jenson, Andrew. “Church Emigration.” Contributor 12, no. 12 (Oct. 1891): 441–450.

The additions represented a dramatic population increase for a city that, according to the national census, had approximately 2,450 residents in 1840.
2

No reliable count of Nauvoo’s population during the 1840s exists. Different estimates of the city’s population range from 12,000 to 15,000. In January 1843, for instance, JS estimated the population was about 12,000. Nearly three years later, however, an actual count of city residents reported a population of only 11,057. (Black, “How Large Was the Population of Nauvoo?,” 91–94; JS, Journal, 5 Jan. 1843; “Mobocracy,” Times and Seasons, 15 Nov. 1845, 6:1031; “Nauvoo,” Times and Seasons, 1 Oct. 1842, 3:936.)


Comprehensive Works Cited

Black, Susan Easton. “How Large Was the Population of Nauvoo?” BYU Studies 35, no. 2 (1995): 91–94.

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

As
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 population grew, city and
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
leaders became increasingly preoccupied with disorderly conduct in the city.
3

Godfrey, “Crime and Punishment in Mormon Nauvoo,” 198–212. Available evidence does not suggest higher crime rates in Nauvoo than in surrounding areas with comparable populations, but critics of JS and the church denounced Nauvoo as crime ridden, causing city authorities to try to reassure observers that order reigned there.


Comprehensive Works Cited

Godfrey, Kenneth W. “Crime and Punishment in Mormon Nauvoo, 1839–1846.” BYU Studies 32 (Winter and Spring 1992): 195–228.

In an attempt to solve these problems, on 14 November 1842 the city council appointed
George W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

View Full Bio
,
Edward Hunter

22 June 1793–16 Oct. 1883. Farmer, currier, surveyor, merchant. Born at Newtown Township, Delaware Co., Pennsylvania. Son of Edward Hunter and Hannah Maris. Volunteer cavalryman in Delaware Co. militia, 1822–1829. Served as Delaware Co. commissioner. Moved...

View Full Bio
, and
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
as “a select Committee to prepare a Code of Criminal Laws.”
4

Nauvoo City Council Rough Minute Book, 14 Nov. 1842, 47.


Two months later, on 14 January 1843, the city council added
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

View Full Bio
and
John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

View Full Bio
to the committee.
5

Nauvoo City Council Rough Minute Book, 14 Jan. 1843, 3.


On 30 January, the city council met at six o’clock in the evening, and the committee presented a bill titled “Laws and Ordinances of the City of Nauvoo” for the council’s approval.
6

JS, Journal, 30 Jan. 1843; Nauvoo City Council Rough Minute Book, 30 Jan. 1843, 5.


The proposed ordinances included several provisions intended to maintain order in the city. The ordinances were designed to help the city handle the population increase by enumerating disturbances of the peace, keeping streets and alleys free of construction supplies and other impediments, preventing fires, granting the city council power to regulate the night watch, and furthering regulations on the public market and the disposal of garbage and other nuisances. The city council passed the proposed ordinances, whereupon JS signed them.
A preliminary draft of the ordinances, which the committee presumably used during its proposal to the city council, was filed with other municipal documents. On 8 February 1843, the Wasp published a copy of the ordinances, evidently basing its version upon the draft copy or another manuscript copy that is not extant.
7

“Laws and Ordinances of the City of Nauvoo,” Wasp, 8 Feb. 1843, [1]–[2]. In the Wasp version of the laws and ordinances, section 1 in the second division omits the word “Alley,” which appears in the fair copy of the ordinance. The draft version of the ordinances indicates that that word was later added as an insertion and therefore did not appear in the original version of the ordinance. (“Laws and Ordinances of the City of Nauvoo,” 30 Jan. 1843, Nauvoo, IL, Records, CHL.)


City recorder
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 a fair copy of the ordinances in the Nauvoo City Council Minute Book, presumably on or shortly after 30 January. The fair copy recorded in the Nauvoo City Council Minute Book is featured here as the official ordinances by which the city was governed. Because it is not possible to feature each of the city ordinances passed during this time period, these ordinances represent a sample of the kinds of ordinances and laws the Nauvoo City Council passed between September 1842 and February 1843.

Footnotes

  1. [1]

    “Emigration Movements,” Millennial Star, Mar. 1842, 2:155; “Emigration,” Millennial Star, Oct. 1842, 3:112; Andrew Jenson, “Church Emigration,” Contributor, Oct. 1891, 441, 444–448.

    Latter-day Saints’ Millennial Star. Manchester, England, 1840–1842; Liverpool, 1842–1932; London, 1932–1970.

    Jenson, Andrew. “Church Emigration.” Contributor 12, no. 12 (Oct. 1891): 441–450.

  2. [2]

    No reliable count of Nauvoo’s population during the 1840s exists. Different estimates of the city’s population range from 12,000 to 15,000. In January 1843, for instance, JS estimated the population was about 12,000. Nearly three years later, however, an actual count of city residents reported a population of only 11,057. (Black, “How Large Was the Population of Nauvoo?,” 91–94; JS, Journal, 5 Jan. 1843; “Mobocracy,” Times and Seasons, 15 Nov. 1845, 6:1031; “Nauvoo,” Times and Seasons, 1 Oct. 1842, 3:936.)

    Black, Susan Easton. “How Large Was the Population of Nauvoo?” BYU Studies 35, no. 2 (1995): 91–94.

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

  3. [3]

    Godfrey, “Crime and Punishment in Mormon Nauvoo,” 198–212. Available evidence does not suggest higher crime rates in Nauvoo than in surrounding areas with comparable populations, but critics of JS and the church denounced Nauvoo as crime ridden, causing city authorities to try to reassure observers that order reigned there.

    Godfrey, Kenneth W. “Crime and Punishment in Mormon Nauvoo, 1839–1846.” BYU Studies 32 (Winter and Spring 1992): 195–228.

  4. [4]

    Nauvoo City Council Rough Minute Book, 14 Nov. 1842, 47.

  5. [5]

    Nauvoo City Council Rough Minute Book, 14 Jan. 1843, 3.

  6. [6]

    JS, Journal, 30 Jan. 1843; Nauvoo City Council Rough Minute Book, 30 Jan. 1843, 5.

  7. [7]

    “Laws and Ordinances of the City of Nauvoo,” Wasp, 8 Feb. 1843, [1]–[2]. In the Wasp version of the laws and ordinances, section 1 in the second division omits the word “Alley,” which appears in the fair copy of the ordinance. The draft version of the ordinances indicates that that word was later added as an insertion and therefore did not appear in the original version of the ordinance. (“Laws and Ordinances of the City of Nauvoo,” 30 Jan. 1843, Nauvoo, IL, Records, CHL.)

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Ordinances, 30 January 1843
Nauvoo City Council Minute Book, 1841–1845 Ordinances, 30 January 1843, as Published in the Wasp History, 1838–1856, volume D-1 [1 August 1842–1 July 1843] “History of Joseph Smith”

Page 151

Laws & Ordinances 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 City Council do Ordain as follows:
The several sections following are declared Laws & Ordinances of the 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
, and any Person who shall be guilty of any of the offences hereinafter mentioned shall be subject to the penalty hereinafter to be prescribed to be sued for & collected before the Mayor, the Municipal Court, or any Alderman 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
.
1

Reflecting the city’s growth, this ordinance apparently departed from section 17 of the act incorporating the city of Nauvoo, which stipulated that “the Mayor shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation, and shall issue such process as may be necessary to carry out said ordinances into execution and effect.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


Of City Officers.
2

On 1 March 1841, the council passed an ordinance allowing the election of a city engineer, market master, weigher and sealer, and collector. This section expanded the number of municipal officers and made them more accountable to the city council by granting the council authority to appoint individuals to those offices. (Minutes, 1 Mar. 1841.)


There shall be appointed 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
, biennially, the following officers 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
, in addition to those provided for in the City Charter 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
; to wit: an engineer,
3

The language of the 1 March 1841 ordinance expanding the number of municipal officers permitted the appointment of “one surveyor and Engineer.” The following week, on 8 March, Alanson Ripley was appointed “City Surveyor.” (Minutes, 1 Mar. 1841; Nauvoo City Council Minute Book, 8 Mar. 1841, 15.)


market master,
4

A “market master” was a city authority charged with the regulation of the public market. Stephen Markham was appointed market master on 8 March 1841. (Beniger, Control Revolution, 162; Nauvoo City Council Minute Book, 8 Mar. 1841, 15.)


Comprehensive Works Cited

Beniger, James R. The Control Revolution: Technological and Economic Origins of the Information Society. Cambridge, MA: Harvard University Press, 1986.

weigher & sealer of weights & measures,
5

In the nineteenth century, towns in the United States frequently appointed a sealer, whose job was to ensure that correct weights and measures were maintained. The act to incorporate the city of Nauvoo empowered the city council “to establish standard weights and measures, and regulate the weights and measures to be used in the city.” In March 1841, Theodore Turley was appointed as city weigher and sealer. In January 1842, Turley asked for additional instructions regarding the position, prompting the Nauvoo City Council to pass an “Ordinance to regulate Weights and Measures” in March 1842. (Of Weights and Measures, Revised Statutes of the Commonwealth of Massachusetts, chap. 30, p. 290, sec. 12; Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Nauvoo City Council Minute Book, 8 Mar. 1841, 15; 5 Mar. 1842, 62–65, underlining in original; Nauvoo City Council Rough Minute Book, 15 Jan. 1842, 7.)


Comprehensive Works Cited

The Revised Statutes of the Commonwealth of Massachusetts, Passed November 4, 1835; To Which Are Subjoined, an Act in Amendment Thereof, and an Act Expressly to Repeal the Acts Which Are Consolidated Therein, Both Passed in February 1836. . . . Compiled by Theron Metcalf and Horace Mann. Boston: Dutton and Wentworth, 1836.

a fire warden in each Ward 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
, a Sexton,
6

William D. Huntington was appointed city sexton on 4 September 1841. (Nauvoo City Council Minute Book, 4 Sept. 1841, 21.)


& a police Officer to act under the direction of the Mayor as Captain of the Watch,
7

Shadrach Roundy was the captain of the night watch for Nauvoo during August 1842. (Pay Order to Shadrach Roundy, 27 Aug. 1842, JS Collection, CHL.)


& a supervisor of Streets and Alleys.
8

The Nauvoo charter provided for a supervisor of streets. The city council appointed Austin Cowles to the position in February 1841 and replaced Cowles with James Allred in March 1841. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Minutes, 3 Feb. 1841; Minutes, 1 Mar. 1841.)


First Division.
Sec. 1. Of the preservation of good Order.
No Person shall keep a billiard Table, pharo Bank,
9

Pharaoh, faro, or farobank was a nineteenth-century gambling card game popular in the United States and western Europe. States and municipalities commonly outlawed the game. (Novak, People’s Welfare, 159–160, 256nn54–55; see also, for example, Of Nuisances and the Good Government of the City, Laws and Ordinances of the Common Council of the City of Albany, chap. 22, pp. 111–112 [second numbering], sec. 6; and An Act relative to Crime and Punishment [10 Feb. 1831], Revised Laws of Indiana, p. 193, sec. 64.)


Comprehensive Works Cited

Novak, William J. The People’s Welfare: Law and Regulation in Nineteenth-Century America. Chapel Hill: University of North Carolina Press, 1996.

Laws and Ordinances of the Common Council of the City of Albany, Revised and Revived, December, 1837. To Which Are Prefixed, the Charter of the City of Albany, and the Several State Laws Relating to the Said City. Albany, NY: Common Council of the City of Albany, 1838.

or any other instrument of gaming, where, or on, or with which, money, liquor, or other Articles, shall in any manner be played for, or if any person shall keep a disorderly or gaming house, such person shall for every offence forfeit & pay a penalty of twenty five dollars, & also the further penalty of twenty five dollars for every forty eight hours, during which, such person shall continue to keep the same, after the first conviction for any violation of this section.
Sec. 2. Any Person or Persons who shall make, aid, Coun [p. 151]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 151

Document Information

Related Case Documents
Editorial Title
Ordinances, 30 January 1843
ID #
8412
Total Pages
8
Print Volume Location
JSP, D11:376–385
Handwriting on This Page
  • James Sloan

Footnotes

  1. [1]

    Reflecting the city’s growth, this ordinance apparently departed from section 17 of the act incorporating the city of Nauvoo, which stipulated that “the Mayor shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation, and shall issue such process as may be necessary to carry out said ordinances into execution and effect.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

  2. [2]

    On 1 March 1841, the council passed an ordinance allowing the election of a city engineer, market master, weigher and sealer, and collector. This section expanded the number of municipal officers and made them more accountable to the city council by granting the council authority to appoint individuals to those offices. (Minutes, 1 Mar. 1841.)

  3. [3]

    The language of the 1 March 1841 ordinance expanding the number of municipal officers permitted the appointment of “one surveyor and Engineer.” The following week, on 8 March, Alanson Ripley was appointed “City Surveyor.” (Minutes, 1 Mar. 1841; Nauvoo City Council Minute Book, 8 Mar. 1841, 15.)

  4. [4]

    A “market master” was a city authority charged with the regulation of the public market. Stephen Markham was appointed market master on 8 March 1841. (Beniger, Control Revolution, 162; Nauvoo City Council Minute Book, 8 Mar. 1841, 15.)

    Beniger, James R. The Control Revolution: Technological and Economic Origins of the Information Society. Cambridge, MA: Harvard University Press, 1986.

  5. [5]

    In the nineteenth century, towns in the United States frequently appointed a sealer, whose job was to ensure that correct weights and measures were maintained. The act to incorporate the city of Nauvoo empowered the city council “to establish standard weights and measures, and regulate the weights and measures to be used in the city.” In March 1841, Theodore Turley was appointed as city weigher and sealer. In January 1842, Turley asked for additional instructions regarding the position, prompting the Nauvoo City Council to pass an “Ordinance to regulate Weights and Measures” in March 1842. (Of Weights and Measures, Revised Statutes of the Commonwealth of Massachusetts, chap. 30, p. 290, sec. 12; Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Nauvoo City Council Minute Book, 8 Mar. 1841, 15; 5 Mar. 1842, 62–65, underlining in original; Nauvoo City Council Rough Minute Book, 15 Jan. 1842, 7.)

    The Revised Statutes of the Commonwealth of Massachusetts, Passed November 4, 1835; To Which Are Subjoined, an Act in Amendment Thereof, and an Act Expressly to Repeal the Acts Which Are Consolidated Therein, Both Passed in February 1836. . . . Compiled by Theron Metcalf and Horace Mann. Boston: Dutton and Wentworth, 1836.

  6. [6]

    William D. Huntington was appointed city sexton on 4 September 1841. (Nauvoo City Council Minute Book, 4 Sept. 1841, 21.)

  7. [7]

    Shadrach Roundy was the captain of the night watch for Nauvoo during August 1842. (Pay Order to Shadrach Roundy, 27 Aug. 1842, JS Collection, CHL.)

  8. [8]

    The Nauvoo charter provided for a supervisor of streets. The city council appointed Austin Cowles to the position in February 1841 and replaced Cowles with James Allred in March 1841. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Minutes, 3 Feb. 1841; Minutes, 1 Mar. 1841.)

  9. [9]

    Pharaoh, faro, or farobank was a nineteenth-century gambling card game popular in the United States and western Europe. States and municipalities commonly outlawed the game. (Novak, People’s Welfare, 159–160, 256nn54–55; see also, for example, Of Nuisances and the Good Government of the City, Laws and Ordinances of the Common Council of the City of Albany, chap. 22, pp. 111–112 [second numbering], sec. 6; and An Act relative to Crime and Punishment [10 Feb. 1831], Revised Laws of Indiana, p. 193, sec. 64.)

    Novak, William J. The People’s Welfare: Law and Regulation in Nineteenth-Century America. Chapel Hill: University of North Carolina Press, 1996.

    Laws and Ordinances of the Common Council of the City of Albany, Revised and Revived, December, 1837. To Which Are Prefixed, the Charter of the City of Albany, and the Several State Laws Relating to the Said City. Albany, NY: Common Council of the City of Albany, 1838.

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06