Oath, 21 May 1842

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Oath, 21 May 1842
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JS, Oath,
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....
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, Hancock Co., IL, 21 May 1842; 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, ...
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; signature of JS; witnessed by
Ebenezer Robinson
25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....
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; one page; JS Collection, CHL. Includes docket.

Single leaf measuring 3¾ × 7½ inches (10 × 19 cm), ruled with nine horizontal blue lines (now faded) on the recto. The left and top edges of the recto have the square cut of manufactured paper; the bottom edge is uneven, suggesting it was cut from a larger sheet. The oath was written in blue ink. The leaf was folded twice, once for filing.

James Sloan
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, who served as the
Nauvoo
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city recorder from February 1841 to July 1843, docketed the document.
1
Minutes, 3 Feb. 1841; JS, Journal, 30 July 1843.
It was likely included in the Nauvoo City Council records listed in an inventory produced by the Church Historian’s Office in 1846.
2
“Schedule of Church Records. Nauvoo 1846,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Comprehensive Works Cited
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL).
3
See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.
The document’s early docket and inclusion in the JS Collection by 1973 suggest continuous institutional custody.
Footnotes
[1]
Minutes, 3 Feb. 1841; JS, Journal, 30 July 1843.
[2]
“Schedule of Church Records. Nauvoo 1846,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
[3]
See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.
Historical Introduction
On 21 May 1842, JS signed an oath in
Nauvoo
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, Illinois, to perform the duties of city mayor.
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 ...
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had resigned the mayoral office on 17 May, and when the Nauvoo City Council met on 19 May, they accepted Bennett’s resignation and elected JS to serve in his place.
1
Letters from John C. Bennett and James Sloan, 17 May 1842.
The minutes of the 19 May meeting stated that when JS was elected, “he was thereupon Sworn into office, & took the Chair accordingly.”
2
Minutes, 19 May 1842.
The oath was issued in accordance with section 5 of the Nauvoo charter, which stated that “the Mayor, Aldermen, and Councillors, before entering upon the duties of their offices shall take and subscribe an oath or affirmation that they will . . . well and truly perform the duties of their offices to the best of their skill and abilities.”
3
Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

Two days later, on 21 May 1842, JS signed a written oath of office. He swore to uphold the constitutions 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 ...
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and the state of
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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and to execute the duties of mayor to the best of his ability. As was common for elected city officers, JS swore the oath before a justice of the peace, in this case
Ebenezer Robinson
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.
4
A number of Illinois city charters stipulated that their officers swear an oath before a judge or justice of the peace. Robinson had been serving as a justice of the peace in Hancock County, Illinois, since at least May 1841. (See An Act to Incorporate the Town of Macomb [27 Jan. 1841], Laws of the State of Illinois [1840–1841], p. 319, sec. 11; An Act to Incorporate the Town of Galesburg, in Knox County [27 Jan. 1841], Laws of the State of Illinois [1840–1841], p. 324, sec. 12; An Act to Incorporate the Town of Petersburg [23 Feb. 1841], Laws of the State of Illinois [1840–1841], pp. 332–333, sec. 15; and Hancock Co., IL, Deed Records, 1817–1917, vol. I, pp. 309–310, 19 May 1841, microfilm 954,598, U.S. and Canada Record Collection, FHL.)
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.
U.S. and Canada Record Collection. FHL.

On the same day that JS swore this oath, he signed a bond to provide further assurance that he would perform his duties as mayor.
5
Bond to James Sloan, 21 May 1842.

Nauvoo
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city recorder
James Sloan
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then wrote to
Illinois
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governor
Thomas Carlin
18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...
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asking him to forward JS’s commission to serve as a justice of the peace.
6
James Sloan, Nauvoo, IL, to Thomas Carlin, [Springfield, IL], 21 May 1842, Nauvoo, IL, Records, CHL. Section 16 of the Nauvoo charter granted “the Mayor . . . all the powers of Justices of the Peace” and stipulated he would be governed by the same state laws as other justices of the peace and be commissioned by the Illinois governor. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.
Carlin issued the commission on 13 June.
7
Thomas Carlin, Commission as Justice of the Peace, Springfield, IL, to JS, Nauvoo, IL, 13 June 1842, BYU.
Exactly one month after JS swore his oath as mayor, he swore a similar oath to perform his duties as justice of the peace.
8
Oath, 21 June 1842.
Footnotes
[1]
Letters from John C. Bennett and James Sloan, 17 May 1842.
[2]
Minutes, 19 May 1842.
[3]
Act to Incorporate the City of Nauvoo, 16 Dec. 1840.
[4]
A number of Illinois city charters stipulated that their officers swear an oath before a judge or justice of the peace. Robinson had been serving as a justice of the peace in Hancock County, Illinois, since at least May 1841. (See An Act to Incorporate the Town of Macomb [27 Jan. 1841], Laws of the State of Illinois [1840–1841], p. 319, sec. 11; An Act to Incorporate the Town of Galesburg, in Knox County [27 Jan. 1841], Laws of the State of Illinois [1840–1841], p. 324, sec. 12; An Act to Incorporate the Town of Petersburg [23 Feb. 1841], Laws of the State of Illinois [1840–1841], pp. 332–333, sec. 15; and Hancock Co., IL, Deed Records, 1817–1917, vol. I, pp. 309–310, 19 May 1841, microfilm 954,598, U.S. and Canada Record Collection, FHL.)
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.
U.S. and Canada Record Collection. FHL.
[5]
Bond to James Sloan, 21 May 1842.
[6]
James Sloan, Nauvoo, IL, to Thomas Carlin, [Springfield, IL], 21 May 1842, Nauvoo, IL, Records, CHL. Section 16 of the Nauvoo charter granted “the Mayor . . . all the powers of Justices of the Peace” and stipulated he would be governed by the same state laws as other justices of the peace and be commissioned by the Illinois governor. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.
[7]
Thomas Carlin, Commission as Justice of the Peace, Springfield, IL, to JS, Nauvoo, IL, 13 June 1842, BYU.
[8]
Oath, 21 June 1842.
Page [1]
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City of
Nauvoo
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, Ills., May 21st. A.D. 1842.

I Joseph Smith, do solemnly Swear in the presence of Almighty God, that I will support 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 ...
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, and of the State of
Illinois
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, and that I will well and truly perform the Duties of Mayor of the City of
Nauvoo
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, according to the best of my Skill and abilities.

Signature of JS.
Joseph Smith

Sworn to before me the day and year above Written.

Signature block in handwriting of Ebenezer Robinson.
E[benezer] Robinson
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Justice Peace. [p. [1]]
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