Ordinance, 10 June 1844

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Ordinance, 10 June 1844
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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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City Council, Ordinance, 10 June 1844; handwriting of John McEwan, with insertions in handwriting of
William 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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and unidentified scribe; signature of
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...
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; endorsement and docket in handwriting of
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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; Nauvoo, IL, Records, 1841–1845, CHL.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Draft of Ordinance, 8 June 1844 Preamble to Ordinance, between 8 and 10 June 1844 Ordinance, 10 June 1844 Nauvoo City Council Minute Book, 1841–1845 Ordinance, 10 June 1844, as Published in Nauvoo Neighbor History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith”
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“scare crow” to frighten the surrounding country in rebellion; mobbing and war; and whereas, while the blood of our brethren, from wells, holes and naked <prair[i]es>, and the ravishment of female virtue, from
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 ...
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, and the smoke from the altars of infamy, prostituted by
J[ohn] 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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, and continued in the full tide of experiment and disgraceful damnation by the very self called fragments of a body <of> villians <degraded men>
Cancellation and insertion in the handwriting of William W. Phelps.
that have got up a press in
Nauvoo
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, to destroy the charter of the
city
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; to destroy mormonism, men, women and children, as
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 ...
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did, by force of arms; by Fostering Laws that Emmonate from corruption, and betray with a kiss: wherefore to honor 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 those patriots who gave the charter, and for the benefit, convenience, health and happiness of said
city
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:

Sec. 1. Be it ordained by the city council of the city of
Nauvoo
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, that if any person or persons shall write or publish, in said
city
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, any false statement, or libel any of the citizen[s] for the purpose of exciting the public mind against the chartered privileges, peace and good order of said
city
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; or shall slander, (according to the definition of slander or libel by [William] Blackstone or [James] Kent <or the act in the statute 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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>,
Insertion in the handwriting of William W. Phelps. This insertion was made at JS’s request during the 10 June 1844 city council meeting. Illinois state law, drawing on Kent’s Commentaries on American Law, defined libel as “a malicious defamation, expressed either by printing or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural defects of one who is alive, and thereby to expose him or her to public hatred, contempt, or ridicule.” Illinois law provided that “in all prosecutions for a libel, the truth thereof may be given in evidence in justification, except libels tending to blacken the memory of the dead, or expose the natural defects of the living.” This defense, however, was not acknowledged in Nauvoo’s libel ordinance. Illinois law did not criminalize slander, or defamatory words, although an 1843 legal treatise on slander and libel indicated that if slanderous words had the potential to lead to violence, they could be prosecuted as a breach of the peace. (Minutes, 10 June 1844, p. 194 herein; An Act Relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 220, sec. 120; Starkie and Wendell, Treatise on the Law of Slander and Libel, 2:184–186.)
) any portion of the inhabitants of said
city
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, or bribe any portion of the citizens of said
city
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, for malic[i]ous purposes; or in any manner or form excite the prejudice of the community against any portion of the citizens of said
city
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for evil purposes, he, she, or they shall be deemed disturbers of the peace, and upon conviction before the mayor or municipal court shall be fined in any sum not exceeding five hundred dollars, or imprisoned six months, or both, at the discretion of said mayor or court [p. [2]]
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Cancellation and insertion in the handwriting of William W. Phelps.
Insertion in the handwriting of William W. Phelps. This insertion was made at JS’s request during the 10 June 1844 city council meeting. Illinois state law, drawing on Kent’s Commentaries on American Law, defined libel as “a malicious defamation, expressed either by printing or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural defects of one who is alive, and thereby to expose him or her to public hatred, contempt, or ridicule.” Illinois law provided that “in all prosecutions for a libel, the truth thereof may be given in evidence in justification, except libels tending to blacken the memory of the dead, or expose the natural defects of the living.” This defense, however, was not acknowledged in Nauvoo’s libel ordinance. Illinois law did not criminalize slander, or defamatory words, although an 1843 legal treatise on slander and libel indicated that if slanderous words had the potential to lead to violence, they could be prosecuted as a breach of the peace. (Minutes, 10 June 1844, p. 194 herein; An Act Relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 220, sec. 120; Starkie and Wendell, Treatise on the Law of Slander and Libel, 2:184–186.)