Appointment as Trustee, 2 February 1841

Home >
The Papers >

Appointment as Trustee, 2 February 1841
Source Note

JS, Appointment as Trustee,
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, 2 Feb. 1841; attested by
Isaac Galland
15 May 1791–27 Sept. 1858. Merchant, postmaster, land speculator, doctor. Born at Somerset Co., Pennsylvania. Son of Matthew Galland and Hannah Fenno. Married first Nancy Harris, 22 Mar. 1811, in Madison Co., Ohio. Married second Margaret Knight, by 1816....
View Full Bio
,
Robert B. Thompson
1 Oct. 1811–27 Aug. 1841. Clerk, editor. Born in Great Driffield, Yorkshire, England. Methodist. Immigrated to Upper Canada, 1834. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, May 1836, in Upper Canada. Ordained an elder by...
View Full Bio
, and
John C. Bennett
3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...
View Full Bio
,
Hancock Co.
Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...
More Info
, IL, [3 Feb. 1841]; certified by
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
, 3 Feb. 1841. Featured version copied 8 Feb. 1841 in Hancock County, Illinois 1840 Record Book of Mortgages, Title Bonds, Leases, Deeds of Trust and Sales of Personal Property, vol. 1, p. 95; handwriting of
Chauncey Robison
27 Mar. 1805–4 Nov. 1891. Clerk, postmaster, farmer. Born in Oneida Co., New York. Son of Charles Robison and Jerusha Rebecca Kellogg. Moved to Hancock Co., Illinois, 1829. Registrar in land office in Quincy, Adams Co., Illinois. Moved to Carthage, Hancock...
View Full Bio
; Hancock County Courthouse, Carthage, IL. Includes notations and archival marking.

Hancock County, IL, Clerk and Recorder, “Hancock County Illinois 1840 Record Book of Mortgages, Title Bonds, Leases Deeds of Trust and Sales of Personal Property,” Bonds and Mortgages, vol. 1, 27 Apr. 1840–16 Oct. 1844; handwriting of
Chauncey Robison
27 Mar. 1805–4 Nov. 1891. Clerk, postmaster, farmer. Born in Oneida Co., New York. Son of Charles Robison and Jerusha Rebecca Kellogg. Moved to Hancock Co., Illinois, 1829. Registrar in land office in Quincy, Adams Co., Illinois. Moved to Carthage, Hancock...
View Full Bio
and unidentified scribes; Hancock County Courthouse, Carthage, IL. Includes notations, redactions, and archival markings.

Bound volume measuring 17½ × 11¾ × 3 inches (44 × 30 × 8 cm) and containing 282 leaves measuring 17 × 10¼ inches (43 × 26 cm). A large, commercially produced book with brown leather binding, the volume is made of either heavy wood or pressed boards, with ledger binding. Each of the inside covers contains two leaves of heavy yellow endpaper that serve as a pastedown and a flyleaf. The first recorded transactions in the book are dated 15 April 1840, and the last are dated 12 March 1844. By 1974, the original brown leather binding was covered with white canvas and red leather corners. The spine of the canvas was stamped with black ink: “BONDS & MORTGAGES | 1 | HANCOCK COUNTY”.
1
Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, microfilm 954,776, U.S. and Canada Record Collection, FHL.
Comprehensive Works Cited
U.S. and Canada Record Collection. FHL.
The volume has been in the continuous custody of the Hancock County Clerk and Recorder since its creation.
Footnotes
[1]
Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, microfilm 954,776, U.S. and Canada Record Collection, FHL.
U.S. and Canada Record Collection. FHL.
Historical Introduction
Illinois
Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...
More Info
law required any religious society conducting business and land transactions to do so through legally appointed trustees. The following document from 2 February 1841 represents JS’s appointment as trustee-in-trust 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...
View Glossary
to meet the requirements of this law and thus officially incorporate the church.
1
Efforts to legally incorporate the church in Illinois began in late 1840 and accompanied the incorporation of the city with the Nauvoo charter. As of 1835 charters were no longer required to incorporate religious societies in Illinois—incorporation occurred instead through the election and appointment of a trustee-in-trust. (Bill to Incorporate the Church, 14 Dec. 1840; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

At a special
conference
A meeting where ecclesiastical officers and other church members could conduct church business. The “Articles and Covenants” of the church directed the elders to hold conferences to perform “Church business.” The first of these conferences was held on 9 June...
View Glossary
held in January 1841 in
Nauvoo
More Info
, Illinois, JS was elected the sole trustee-in-trust for the church.
2
JS History, vol. C-1, 1159.
Acting as justice of the peace,
Daniel H. Wells
View Full Bio
certified the appointment on 3 February, and
Isaac Galland
View Full Bio
,
Robert B. Thompson
View Full Bio
, and
John C. Bennett
View Full Bio
attested it. With the official appointment recorded on 8 February 1841 in volume 1 of the
Hancock County
More Info
Bonds and Mortgages record book 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...
More Info
, Illinois, JS had complete legal authority to oversee all of the church’s land and business dealings.
Footnotes
[1]
Efforts to legally incorporate the church in Illinois began in late 1840 and accompanied the incorporation of the city with the Nauvoo charter. As of 1835 charters were no longer required to incorporate religious societies in Illinois—incorporation occurred instead through the election and appointment of a trustee-in-trust. (Bill to Incorporate the Church, 14 Dec. 1840; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)
[2]
JS History, vol. C-1, 1159.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Appointment as Trustee, 2 February 1841 History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith”
Page 95
Hide editing marks

87

J Smith Appointment Trustee

Recorded 8th February 1841
1
TEXT: The first three lines were written in the margin of the document.

City of
Nauvoo
More Info
Hancock Co. Ills

February 2nd A D 1841

To the County Recorder of the County of
Hancock
More Info

Dear Sir

At a meeting of the “
Church of Jesus Christ of Latter day 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...
View Glossary
” at this place on Saturday the 30th day of January A D 1841
2
According to the multivolume manuscript history of the church, on 26 January 1841 a special conference was held in Nauvoo, during which JS was unanimously elected sole trustee-in-trust for the church. However, the date given in the featured document corresponds with a different conference held in Walnut Grove, Illinois; it is not clear whether JS attended the Walnut Grove meeting, and no mention is made of his election during the 30–31 January meetings in Walnut Grove. (JS History, vol. C-1, 1159.)
I was elected Sole Trustee for said Church to hold my office during life (my successors to be the
first Presidency
The highest presiding body of the church. An 11 November 1831 revelation stated that the president of the high priesthood was to preside over the church. JS was ordained as president of the high priesthood on 25 January 1832. In March 1832, JS appointed two...
View Glossary
of said Church) and vested with Plenary Powers
3
The inclusion of “plenary powers” deviated from the language in the Illinois General Assembly’s “Act to Amend ‘an Act in Relation to Religious Societies’” but ensured the absolute and exclusive terms of JS’s authority as trustee. (An Act to Amend “an Act in Relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
as sole Trustee in Trust for the Church of Latter Jesus Christ of Latter day Saints to receive acquire manage or convey property real personal or mixed for the sole use and benefit of said church agreeably to the provisions of <an Act entitled> “an act concerning religious Societies” approved February 6th 1835
4
An “Act to Amend ‘an Act in Relation to Religious Societies,’” passed by the Illinois General Assembly on 2 March 1839, amended the earlier “Act concerning Religious Societies,” passed on 6 February 1835. The 1839 law changed some of the language of the 1835 act but maintained the provision requiring a religious society to appoint a trustee or trustees to hold, purchase, or receive real estate for and in behalf of the religious society. (An Act to Amend “an Act in Relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2; An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], pp. 147–149.)

Joseph Smith

State of Illinois) Ss

Hancock County
More Info
)

This day personally appeared before me
[Daniel] H Wells
View Full Bio
5
TEXT: Page torn. All text in brackets has been supplied from other copies. (See JS, Appointment as Trustee, Nauvoo, IL, 2 Feb. 1841, copy, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
a Justice of the Peace within and for the
County
More Info
[and
state
Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...
More Info
] aforesaid,
Isaac Galland
View Full Bio

Robert B Thompson
View Full Bio
, and
J[ohn C.] Bennett
View Full Bio
who being duly sworn depose and say that [the foregoing] Certificate of Joseph Smith is true

Isaac [Galland]
View Full Bio

R B T[hompson]
View Full Bio

John C [Bennett]
View Full Bio

Sworn to and subscribed this Third day of February [in the] year of our Lord, One thousand eight hundred and forty [one] before me

Daniel H Well[s]
View Full Bio

Justice of the P[eace] [p. 95]
View entire transcript
|
Cite this page
Source Note
Document Transcript
Page 95
Document Information
Footnotes
[1]
TEXT: The first three lines were written in the margin of the document.
[2]
According to the multivolume manuscript history of the church, on 26 January 1841 a special conference was held in Nauvoo, during which JS was unanimously elected sole trustee-in-trust for the church. However, the date given in the featured document corresponds with a different conference held in Walnut Grove, Illinois; it is not clear whether JS attended the Walnut Grove meeting, and no mention is made of his election during the 30–31 January meetings in Walnut Grove. (JS History, vol. C-1, 1159.)
[3]
The inclusion of “plenary powers” deviated from the language in the Illinois General Assembly’s “Act to Amend ‘an Act in Relation to Religious Societies’” but ensured the absolute and exclusive terms of JS’s authority as trustee. (An Act to Amend “an Act in Relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2.)
[4]
An “Act to Amend ‘an Act in Relation to Religious Societies,’” passed by the Illinois General Assembly on 2 March 1839, amended the earlier “Act concerning Religious Societies,” passed on 6 February 1835. The 1839 law changed some of the language of the 1835 act but maintained the provision requiring a religious society to appoint a trustee or trustees to hold, purchase, or receive real estate for and in behalf of the religious society. (An Act to Amend “an Act in Relation to Religious Societies” [2 Mar. 1839], Laws of the State of Illinois [1838–1839], p. 267, secs. 1–2; An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], pp. 147–149.)
[5]
TEXT: Page torn. All text in brackets has been supplied from other copies. (See JS, Appointment as Trustee, Nauvoo, IL, 2 Feb. 1841, copy, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.