The Papers
Reference
About
Ordinance, 12 February 1844–A
Source Note
Source Note
Nauvoo City Council, Ordinance, [, Hancock Co., IL], 12 Feb. 1844. Featured version copied [ca. 12 Feb. 1844]; handwriting of ; JS signature in handwriting of ; signature of ; one page; Nauvoo, IL, Records, CHL. Includes docket and notation.
Single leaf measuring 9¾ × 7¾ inches (25 × 20 cm). inscribed the ordinance on the recto of the leaf and wrote a docket and notation on the verso. The notation reads “Registered page 203”, indicating the page number for the copy of the ordinance in the Nauvoo City Council minute book. The leaf was trifolded horizontally for filing.
The ordinance was presumably kept among city records. In 1845 the city of Nauvoo was disincorporated. Many if not most of the city records were likely included in the various collections of city records listed in an inventory produced by the Church Historian’s Office (later Family and Church History Department) in 1846, when they were packed up along with church records and taken to the Salt Lake Valley. The city records are also listed in inventories of church records created in 1855, 1878, and circa 1904. The Nauvoo, Illinois, records collection was arranged and cataloged by the Family and Church History Department (now CHL) in 2006. The document’s likely inclusion with the city records listed in early church inventories and its inclusion in the Nauvoo, Illinois, records collection in 2006 indicate continuous institutional custody since 1845.
Footnotes
- [1]
- [2]
“An Act to Repeal the Nauvoo Charter,” 14th General Assembly, 1844–1845, Senate Bill no. 35 (House Bill no. 42), Illinois General Assembly, Enrolled Acts of the General Assembly, 1818–2012, Illinois State Archives, Springfield.
Illinois General Assembly. Enrolled Acts of the General Assembly, 1818–2012. Illinois State Archives, Springfield.
- [3]
“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.
- [4]
“Inventory. Historian’s Office. 4th April 1855,” [1]–[2]; “Index of Records and Journals in the Historian’s Office 1878,” [11]; “Index to Papers in the Historians Office,” ca. 1904, 7, Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
- [5]
See the full bibliographic entry for Nauvoo, IL, Records, 1841–1845, in the CHL catalog.
Historical Introduction
Historical Introduction
On 12 February 1844, JS, as mayor of , Illinois, and the Nauvoo City Council passed an ordinance that repealed two other ordinances passed in December 1843. The December ordinances were created in response to the kidnappings of and his son in November and early December. The Averys, who lived in a settlement in southern , Illinois, were abducted and taken to to answer charges of horse stealing. When , wife of Daniel and mother of Philander, arrived in Nauvoo on 5 December with news of the kidnappings, JS began to fear that Missourians would reattempt to take him to Missouri. Missouri officials had already attempted to extradite JS on three separate occasions, most recently in summer 1843.
Responding to this concern, the city council passed a series of ordinances, including one creating a police force, intended to protect JS and other citizens. Two of the ordinances, however, were criticized by opponents of the church as overreaching the legal authority that the granted to the city of Nauvoo through its charter. One ordinance, passed on 8 December 1843 and titled “An Extra Ordinance for the extra case of Joseph Smith and others,” stipulated that any law officer coming to Nauvoo intending to arrest JS “with process, demand or requisition” based on charges related to the “ difficulties” would be subject to arrest by any Nauvoo city officer. If found guilty by the city’s municipal court, the offender would be imprisoned for life, subject to pardon only by the governor “with the consent of the Mayor of said City”—who, at the time, was JS. On 21 December, the city council passed a similar ordinance requiring that any writ or warrant issued outside of Nauvoo be examined and approved by the mayor prior to being executed within the city. The city council rationalized such controversial legislation because it considered Missouri’s demands for JS’s arrest to be unlawful and unceasing. The preamble to the 8 December ordinance articulated that “there appears to be a determined resolution by the State of Missouri to continue these unjust, illegal, and murderous demands for the body of General Joseph Smith.”
The two ordinances quickly faced opposition within the , in other parts of the , and even in other regions of the nation. The 27 December issue of the Quincy Whig included an editorial summarizing the ordinances and commenting, “Here is a pretty kettle of fish, truly!— must keep quiet hereafter with his ‘processes, demands and requisitions,’ or if his officers should dare invade the dominions of General Joseph, an example will be made of them instanter—there liberties shall be taken from them forever!” Residents of , Illinois, the seat of , resolved on 10 January 1844 that “the authorities of , by a succession of the most extraordinary ordinances that were ever known to be passed by a deliberative body, design to bar themselves against the just and equitable operation of the laws.” A letter to the editor of the New York Tribune complained, “What beautiful legislation! The pardoning power taken from the Governor!—and life imprisonment under a city ordinance!!”
Possibly fearing that continued public criticism of the ordinances would engender antipathy in the region, JS initiated a discussion about repealing the ordinances in a city council meeting on 12 February 1844. The result was the ordinance featured here. , in his capacity as city recorder, inscribed a draft of the new ordinance. then made a fair copy, featured here, which was presumably the version presented to and passed by the city council. After the ordinance passed, Bullock recorded it in the city council minute book, and the text was also published in the 14 February issue of the Nauvoo Neighbor.
Footnotes
- [1]
- [2]
See Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, copy, JS Office Papers, CHL; Affidavit from Daniel Avery, 28 Dec. 1843; Philander Avery, Testimony, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery (Clark Co. Cir. Ct. 1843), Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO; and William W. Phelps, Nauvoo, IL, to J. White, Waterloo, MO, 21 Dec. 1843, copy, JS Office Papers, CHL.
Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.
- [3]
- [4]
- [5]
- [6]
Ordinance, 8 Dec. 1843. Missouri’s first and third attempts to extradite JS were on the charge of treason in connection with the 1838 conflict between Latter-day Saints and Missourians antagonistic toward the church. The second extradition attempt was based on JS’s alleged complicity in the attempted assassination of former Missouri governor Lilburn W. Boggs in May 1842. (See Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Lilburn W. Boggs, Requisition, Jefferson City, MO, 1 Sept. 1840, Extradition of JS et al. for Treason and Other Crimes [Warren Co. Cir. Ct. 1841], Joseph Smith Extradition Records, Abraham Lincoln Presidential Library and Museum, Springfield, IL; “The Late Proceedings,” Times and Seasons, 15 June 1841, 2:447–449; Petition to Nauvoo Municipal Court, 30 June 1843; and JS, Journal, 8 Aug. 1842.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
- [7]
- [8]
- [9]
- [10]
“Nauvoo City Council—Gen. Joseph Smith—Special Privileges, &c,” Quincy (IL) Whig, 27 Dec. 1843, [2]; see also “The Mormons and Their Prophet—Legislation at Nauvoo—The Temple,” Quincy Whig, 21 Feb. 1844, [1].
Quincy Whig. Quincy, IL. 1838–1856.
- [11]
“Meeting of Citizens at Carthage,” Warsaw (IL) Message, Extra, 17 Jan. 1844, [2].
Warsaw Message. Warsaw, IL. 1843–1844.
- [12]
“The Mormons and Their Prophet—Legislation at Nauvoo—The Temple,” New-York Daily Tribune (New York City), 27 Jan. 1844, [1]; see also “The Mormons and Their Prophet—Legislation at Nauvoo—The Temple,” Quincy (IL) Whig, 21 Feb. 1844, [1].
New-York Daily Tribune. New York City. 1841–1924.
Quincy Whig. Quincy, IL. 1838–1856.
- [13]
- [14]
“An Ordinance Entitled ‘An Ordinance to Repeal Certain Ordinances Therein Mentioned,’” 12 Feb. 1844, draft, Nauvoo, IL, Records, CHL.
- [15]
An Ordinance entitled An Ordinance to repeal certain Ordinances therein mentioned.
Whereas an Ordinance entitled “An extra ordinance for the extra case of Joseph Smith and others” passed Decr. 8th. 1843. And whereas the Ordinance entitled “An ordinance to prevent unlawful Search and Seizure of person or property by foreign process in the City of Passed Decr. 21. 1843.” have had their desired effect in preserving the peace happiness, persons and property of the Citizens of according to their intent and meaning Therefore
Section 1. Be it ordained by the City Council of the City of , that the aforesaid ordinances are hereby repealed
Section 2 And be it ordained that nothing in the first section of this Ordinance shall be so construed as to give licence or liberty to any foreign officer or other persons <or persons> to illegally disturb the peace happiness or quiet of any Citizen of said , any Ordinance to the contrary notwithstanding, under a penalty of not less than five dollars, nor more than five hundred dollars, or imprisonment not more than Six months in the City Prison.
Passed February 12. 1844
Joseph Smith Mayor
. Recorder [1/3 page blank] [p. [1]]
Source Note
Source Note
Document Transcript
Document Information
Document Information
Footnotes
Footnotes
- [1]
The draft of the ordinance included another phrase here, “also amendment passed Janua[r]y 10 1844,” which was later canceled. The 10 January amendment to the 21 December unlawful search and seizure ordinance apparently attempted to address criticism of the ordinance. The amendment added language stating that nothing in the ordinance should be “construed as to prevent, hinder or thwart the designs of Justice, or to retard the civil officers of the State or County in the discharge of their official duties, but to aid and assist them within the limits of this City.” The city council presumably determined that the phrase about the amendment was not needed in the 12 February ordinance because the amendment would be inherently voided by the repeal of the ordinance it amended. (“An Ordinance Entitled ‘An Ordinance to Repeal Certain Ordinances Therein Mentioned,’” 12 Feb. 1844, draft, Nauvoo, IL, Records, CHL; Nauvoo City Council Minute Book, 10 Jan. 1844, 199–200.)
JS signature in the handwriting of Willard Richards.
Signature of Willard Richards.