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Council of Fifty, Minutes, March 1844–January 1846; Volume 2, 1 March–6 May 1845

1 March 1845 • Saturday, continued Page 1 4 March 1845 • Tuesday Page 32 11 March 1845 • Tuesday Page 77 18 March 1845 • Tuesday Page 131 22 March 1845 • Saturday Page 181 25 March 1845 • Tuesday Page 231 5 April 1845 • Saturday Page 266 11 April 1845 • Friday Page 267 15 April 1845 • Tuesday Page 327 22 April 1845 • Tuesday Page 349 29 April 1845 • Tuesday Page 355 6 May 1845 • Tuesday Page 361

Source Note

See source note under Council of Fifty, Minutes, March 1844–January 1846; Volume 1, 10 March 1844–1 March 1845.

Historical Introduction

See historical introduction under Council of Fifty, Minutes, March 1844–January 1846; Volume 1, 10 March 1844–1 March 1845.

Page [150]

The report of the committee appointed to examine the law concerning marriages, being called upon to report
224

At the previous meeting of the council, William W. Phelps was appointed a “committee of one” to examine the Illinois statute on marriage because of the repeal of the city charter. (Council of Fifty, “Record,” 11 Mar. 1845.)


Coun.
W. W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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arose and read an article in the “Revised Laws of Illinois” on marriage.
225

Illinois law allowed couples to be married by “any regular minister of the gospel, authorized to marry, by the custom of the church or society to which he belongs, any justice of the supreme court, judge of any inferior court, or justice of the peace,” provided the couple first pay the clerk of the county commissioners’ court one dollar for a license. Couples were also required to return to the clerk with a certificate of marriage signed by the officiator and to pay an additional twelve and a half cents for the clerk to endorse the certificate and create a record of the marriage. Officiators who married a couple without a license or failed to create a certificate were to be fined one hundred dollars. (Marriages [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], pp. 353–354, secs. 4–6, 8; Fees and Salaries [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], p. 243, sec. 10.)


Comprehensive Works Cited

Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

He was opposed to going to
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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to pay our money to the gentiles for a license. there are several plans whereby the saints can get married without either paying their money to the gentiles or exposing themselves to their laws.
Coun.
O. Hyde

8 Jan. 1805–28 Nov. 1878. Laborer, clerk, storekeeper, teacher, editor, businessman, lawyer, judge. Born at Oxford, New Haven Co., Connecticut. Son of Nathan Hyde and Sally Thorpe. Moved to Derby, New Haven Co., 1812. Moved to Kirtland, Geauga Co., Ohio, ...

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said he had generally found that the little advantages which may be taken of the laws has have generally cost more than they were worth. We might go on for a year or so and perhaps save a thousand dollars and be drawn into lawsuits to defend ourselves in it till it cost us five thousand dollars. He would rather the church would pay five hundred [p. [150]]
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Related Case Documents
Editorial Title
Council of Fifty, Minutes, March 1844–January 1846; Volume 2, 1 March–6 May 1845
ID #
11602
Total Pages
385
Print Volume Location
Handwriting on This Page
  • William Clayton

Footnotes

  1. [224]

    At the previous meeting of the council, William W. Phelps was appointed a “committee of one” to examine the Illinois statute on marriage because of the repeal of the city charter. (Council of Fifty, “Record,” 11 Mar. 1845.)

  2. [225]

    Illinois law allowed couples to be married by “any regular minister of the gospel, authorized to marry, by the custom of the church or society to which he belongs, any justice of the supreme court, judge of any inferior court, or justice of the peace,” provided the couple first pay the clerk of the county commissioners’ court one dollar for a license. Couples were also required to return to the clerk with a certificate of marriage signed by the officiator and to pay an additional twelve and a half cents for the clerk to endorse the certificate and create a record of the marriage. Officiators who married a couple without a license or failed to create a certificate were to be fined one hundred dollars. (Marriages [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], pp. 353–354, secs. 4–6, 8; Fees and Salaries [3 Mar. 1845], Revised Statutes of the State of Illinois [1844–1845], p. 243, sec. 10.)

    Revised Statutes of the State of Illinois, Adopted by the General Assembly of Said State, at Its Regular Session, Held in the Years, A. D., 1844–’5. Springfield, IL: William Walters, 1845.

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