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Petition from Ebenezer Jennings and Others, 17 January 1844

Source Note

Ebenezer Jennings

ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.

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and others, Petition,
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, to Nauvoo city mayor (JS),
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, 17 Jan. 1844; unidentified handwriting with signatures of petitioners; two pages; Newel K. Whitney, Papers, BYU. Includes archival markings.
Bifolium measuring 12¼ × 7½ inches (31 × 19 cm). The petition was written on the recto and verso of the first leaf. The second leaf is blank except for later archival markings on both the recto and verso, which were made in graphite in unidentified handwriting. The bifolium was folded for filing.
In late 1844, following JS’s death,
Bishop

An ecclesiastical and priesthood office. JS appointed Edward Partridge as the first bishop in February 1831. Following this appointment, Partridge functioned as the local leader of the church in Missouri. Later revelations described a bishop’s duties as receiving...

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Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

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became one of the interim church trustees and was appointed “first bishop” among other
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
bishops.
1

Richards, Journal, 9 Aug. 1844; “Conference Minutes,” Times and Seasons, 1 Nov. 1844, 5:693; see also Minutes, Times and Seasons, Dec. 1839, 1:30.


Comprehensive Works Cited

Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

It was presumably during this time that many of the church’s financial and other administrative records passed into his possession. This document, along with many other personal and institutional documents that Whitney kept, was inherited by Newel K. and
Elizabeth Ann Smith Whitney

26 Dec. 1800–15 Feb. 1882. Born at Derby, New Haven Co., Connecticut. Daughter of Gibson Smith and Polly Bradley. Moved to Ohio, 1819. Married Newel K. Whitney, 20 Oct. 1822, at Kirtland, Geauga Co., Ohio. Shortly after, joined reformed Baptist (later Disciples...

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’s daughter Mary Jane Whitney, who was married to Isaac Groo. The documents were passed down within the Groo family. Between 1969 and 1974, the Groo family donated their collection of Newel K. Whitney’s papers to the J. Reuben Clark Library (renamed Harold B. Lee Library in 1973) at Brigham Young University.
2

Andrus and Fuller, Register of the Newel Kimball Whitney Papers, 24; Wilkinson et al., Brigham Young University, 4:255.


Comprehensive Works Cited

Andrus, Hyrum L., and Chris Fuller, comp. Register of the Newel Kimball Whitney Papers. Provo, UT: Division of Archives and Manuscripts, Harold B. Lee Library, Brigham Young University, 1978.

Wilkinson, Ernest L., Leonard J. Arrington, and Bruce C. Hafen, eds. Brigham Young University: The First One Hundred Years. Vol. 4. Provo, UT: Brigham Young University Press, 1976.

Footnotes

  1. [1]

    Richards, Journal, 9 Aug. 1844; “Conference Minutes,” Times and Seasons, 1 Nov. 1844, 5:693; see also Minutes, Times and Seasons, Dec. 1839, 1:30.

    Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

  2. [2]

    Andrus and Fuller, Register of the Newel Kimball Whitney Papers, 24; Wilkinson et al., Brigham Young University, 4:255.

    Andrus, Hyrum L., and Chris Fuller, comp. Register of the Newel Kimball Whitney Papers. Provo, UT: Division of Archives and Manuscripts, Harold B. Lee Library, Brigham Young University, 1978.

    Wilkinson, Ernest L., Leonard J. Arrington, and Bruce C. Hafen, eds. Brigham Young University: The First One Hundred Years. Vol. 4. Provo, UT: Brigham Young University Press, 1976.

Historical Introduction

Residents of the third municipal ward of
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
, Illinois, signed a petition on 17 January 1844 requesting that JS, as mayor, grant a liquor license to a
grocer

23 Mar. 1804–after 1860. Farmer, tavern keeper, store owner. Born in Virginia. Son of Abram Musick. Married first Elizabeth, ca. 1829. Baptized into Church of Jesus Christ of Latter-day Saints, by 1834. Moved to Clay Co., Missouri, by Sept. 1834. Ordained...

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in their ward. In March 1841, the Nauvoo City Council divided the Nauvoo peninsula into four municipal wards. The Third Ward encompassed the southeastern quadrant of the city, comprising the land that was both south of Knight Street and east of Wells Street.
1

Nauvoo City Council Minute Book, 1 Mar. 1841, 9–10. In August 1842, the Nauvoo high council divided the city into ten ecclesiastical wards. Although neither the petition nor the city ordinance that prompted it specified whether the wards mentioned were municipal or ecclesiastical (both existed concurrently at this time), it is clear from the locations of the signers of the petition that municipal wards were implied. (Nauvoo High Council Minutes, 20 Aug. 1842.)


Comprehensive Works Cited

Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

Within two weeks of the city’s creation in February 1841, the city council enacted a temperance law prohibiting the sale of liquor by the drink (larger quantities could be sold for commercial purposes).
2

Nauvoo City Council Minute Book, 3 and 15 Feb. 1841, 1, 8.


In December 1843, however, a new ordinance was passed allowing only the mayor, who at the time was JS, to sell liquor by the drink, “for the health, comfort or convenience of such travellers or other persons as shall visit his
House

Large, two-story, Greek Revival frame structure located on northeast corner of Water and Main streets. Built to meet JS’s immediate need for larger home that could also serve as hotel to accommodate his numerous guests. JS relocated family from old house ...

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from time to time.”
3

Ordinance, 12 Dec. 1843–B. JS and Emma Smith operated their home, the Nauvoo Mansion, as a hotel and boardinghouse until Ebenezer Robinson leased the hotel a week after this petition was signed. (JS, Journal, 31 Aug. 1843; Lease to Ebenezer Robinson, 23 Jan. 1844.)


This ordinance quickly drew attention in the region and was one of the subjects of a meeting of citizens 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...

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, Illinois, on 10 January 1844.
4

“Meeting of Citizens at Carthage,” Warsaw (IL) Message, Extra, 17 Jan. 1844, [2]–[3]. An editorial by Thomas Gregg in the 17 January issue of the Warsaw Message singled out this ordinance as one of those recently passed by Nauvoo’s city council that “sets Smith above the license laws of the State, ‘for the health and convenience of travelers.’” Similarly, a letter to the editor of the New-York Daily Tribune dated 10 January and printed in the 27 January issue of the paper reproduced the December ordinance and editorialized that “the sole intent of this ordinance is to give to the ‘Mayor of the City’—Joseph Smith—who, it will be recollected is a tavern keeper, a monopoly of retailing liquors ‘to travelers and others,’ without license!!!” (Editorial, Warsaw [IL] Message, Extra, 17 Jan. 1844, [1]; “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].)


Comprehensive Works Cited

Warsaw Message. Warsaw, IL. 1843–1844.

New-York Daily Tribune. New York City. 1841–1924.

Quincy Whig. Quincy, IL. 1838–1856.

Possibly in response to the criticism that only JS was permitted to sell liquor, on 16 January 1844 the
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
City Council passed “An Ordinance concerning the Sale of Spiritous Liquors,” which expanded the scope of allowance to also permit one other person per ward to sell liquor in small quantities. The new ordinance also stipulated that the mayor would approve the licensees from each ward.
5

Nauvoo City Council Minute Book, 16 Jan. 1844, 201.


The ordinance justified the change regarding who could sell liquor by emphasizing its potential medicinal properties: “The use and sale of distilled and fermented Liquors for all purposes of Beverage and drink by persons in health are viewed by this City Council with unqualified disapprobation. . . . Nevertheless the aforesaid Liquors are considered highly beneficial for medical and mechanical purposes and may be safely employed for such uses under the counsel of discreet persons.”
6

Nauvoo City Council Minute Book, 16 Jan. 1844, 201.


Despite the rationale given, those who applied for licenses under the ordinance were apparently hoteliers and grocers rather than any of the city’s numerous physicians.
7

Nauvoo had over two dozen physicians. (Dinger, “Medicine and Obstetrics in Mormon Nauvoo,” 57–58.)


Comprehensive Works Cited

Dinger, Steven C. “‘The Doctors in This Region Don’t Know Much’: Medicine and Obstetrics in Mormon Nauvoo.” Journal of Mormon History 42, no. 4 (October 2016): 51–68.

For example,
Samuel Musick

23 Mar. 1804–after 1860. Farmer, tavern keeper, store owner. Born in Virginia. Son of Abram Musick. Married first Elizabeth, ca. 1829. Baptized into Church of Jesus Christ of Latter-day Saints, by 1834. Moved to Clay Co., Missouri, by Sept. 1834. Ordained...

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, who had leased a tavern to JS in
Far West

Originally called Shoal Creek. Located fifty-five miles northeast of Independence. Surveyed 1823; first settled by whites, 1831. Site purchased, 8 Aug. 1836, before Caldwell Co. was organized for Latter-day Saints in Missouri. William W. Phelps and John Whitmer...

More Info
, Missouri, in 1838 and who was the subject of the 17 January 1844 petition, apparently operated a grocery in
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
’s Third Ward at the southeast corner of Mulholland and Robison streets.
8

Receipt from Samuel Musick, 14 July 1838; Book of Assessment, 1843, Third Ward, 20, Nauvoo, IL, Records, CHL; Hills, Map of the City of Nauvoo, 1842.


Comprehensive Works Cited

Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

Hills, Gustavus. Map of the City of Nauvoo. New York: J. Child, 1842. CHL.

The day after the new ordinance was passed, a petition was drafted requesting that JS license
Musick

23 Mar. 1804–after 1860. Farmer, tavern keeper, store owner. Born in Virginia. Son of Abram Musick. Married first Elizabeth, ca. 1829. Baptized into Church of Jesus Christ of Latter-day Saints, by 1834. Moved to Clay Co., Missouri, by Sept. 1834. Ordained...

View Full Bio
to sell liquor by the drink in
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
’s Third Ward. Seventy residents of the ward signed the petition, and another seventeen ward residents signed a duplicate petition the following day.
9

S. Steele et al., Petition, 18 Jan. 1844, Newel K. Whitney, Papers, BYU.


Although there is no reason to assume that JS would have opposed this petition, no license for Musick (or for appointees in the other three wards) is extant.
10

In November 1844, Nauvoo mayor Daniel Spencer signed an ordinance repealing all “private grants” and previous ordinances regarding liquor and once again prohibited the sale of liquor in small quantities “except in cases of sickness.” (Nauvoo City Council Minute Book, 9 Nov. 1844, 222–223.)


Footnotes

  1. [1]

    Nauvoo City Council Minute Book, 1 Mar. 1841, 9–10. In August 1842, the Nauvoo high council divided the city into ten ecclesiastical wards. Although neither the petition nor the city ordinance that prompted it specified whether the wards mentioned were municipal or ecclesiastical (both existed concurrently at this time), it is clear from the locations of the signers of the petition that municipal wards were implied. (Nauvoo High Council Minutes, 20 Aug. 1842.)

    Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

  2. [2]

    Nauvoo City Council Minute Book, 3 and 15 Feb. 1841, 1, 8.

  3. [3]

    Ordinance, 12 Dec. 1843–B. JS and Emma Smith operated their home, the Nauvoo Mansion, as a hotel and boardinghouse until Ebenezer Robinson leased the hotel a week after this petition was signed. (JS, Journal, 31 Aug. 1843; Lease to Ebenezer Robinson, 23 Jan. 1844.)

  4. [4]

    “Meeting of Citizens at Carthage,” Warsaw (IL) Message, Extra, 17 Jan. 1844, [2]–[3]. An editorial by Thomas Gregg in the 17 January issue of the Warsaw Message singled out this ordinance as one of those recently passed by Nauvoo’s city council that “sets Smith above the license laws of the State, ‘for the health and convenience of travelers.’” Similarly, a letter to the editor of the New-York Daily Tribune dated 10 January and printed in the 27 January issue of the paper reproduced the December ordinance and editorialized that “the sole intent of this ordinance is to give to the ‘Mayor of the City’—Joseph Smith—who, it will be recollected is a tavern keeper, a monopoly of retailing liquors ‘to travelers and others,’ without license!!!” (Editorial, Warsaw [IL] Message, Extra, 17 Jan. 1844, [1]; “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].)

    Warsaw Message. Warsaw, IL. 1843–1844.

    New-York Daily Tribune. New York City. 1841–1924.

    Quincy Whig. Quincy, IL. 1838–1856.

  5. [5]

    Nauvoo City Council Minute Book, 16 Jan. 1844, 201.

  6. [6]

    Nauvoo City Council Minute Book, 16 Jan. 1844, 201.

  7. [7]

    Nauvoo had over two dozen physicians. (Dinger, “Medicine and Obstetrics in Mormon Nauvoo,” 57–58.)

    Dinger, Steven C. “‘The Doctors in This Region Don’t Know Much’: Medicine and Obstetrics in Mormon Nauvoo.” Journal of Mormon History 42, no. 4 (October 2016): 51–68.

  8. [8]

    Receipt from Samuel Musick, 14 July 1838; Book of Assessment, 1843, Third Ward, 20, Nauvoo, IL, Records, CHL; Hills, Map of the City of Nauvoo, 1842.

    Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

    Hills, Gustavus. Map of the City of Nauvoo. New York: J. Child, 1842. CHL.

  9. [9]

    S. Steele et al., Petition, 18 Jan. 1844, Newel K. Whitney, Papers, BYU.

  10. [10]

    In November 1844, Nauvoo mayor Daniel Spencer signed an ordinance repealing all “private grants” and previous ordinances regarding liquor and once again prohibited the sale of liquor in small quantities “except in cases of sickness.” (Nauvoo City Council Minute Book, 9 Nov. 1844, 222–223.)

Page [2]

William T. Rex
H[enry] O Norton

Dec. 1822–8 June 1896. Carpenter, miller, township officer. Born in New York. Moved to Canada as a teenager. Witness at trial concerning destruction of Nauvoo Expositor press, 17 June 1844, in Hancock Co., Illinois. Married first Lucinda O. Wells, 6 Jan. ...

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John G. Sheffield John D. Smith
George Sheffield Jas A. Eastin
Stephen Wilkinson

Ca. 1819–after 1860. Stonemason. Born in Kentucky. Lived in Missouri, by mid-1830s. Moved to Pike Co., Illinois, by 1837. Married Hannah Potts, 16 Nov. 1837, in Pike Co. Baptized into Church of Jesus Christ of Latter-day Saints. Lived in Pleasant Vale, Pike...

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Samuel Fowler
Samuel Smith

13 Mar. 1808–30 July 1844. Farmer, logger, scribe, builder, tavern operator. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Royalton, Windsor Co., Vermont, by Mar. 1810; to Lebanon, Grafton Co., New Hampshire, 1811...

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Joseph Burn[h]am
J[ames] M. Flack

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Thomas S Edwards Jr
◊◊ Travis
1

Possibly Neil A. Travers, who purchased property in the Third Ward in Hibbard’s Addition, block 9, lot 1, in February 1846 and may have lived in the area earlier. (Almon Babbitt, Joseph L. Heywood, and John S. Fullmer to Neil Travers, Deed, 6 Feb. 1846, Hancock Co., IL, Deed Records, 1817–1917, vol. 19-O, pp. 515–516, microfilm 954,601, U.S. and Canada Record Collection, FHL; Hills, Map of the City of Nauvoo, 1842.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Hills, Gustavus. Map of the City of Nauvoo. New York: J. Child, 1842. CHL.

Amos Mcbride
W[illiam] H. Seabury
Joseph S. Murdock
John D. Murdock

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Henry Payne

30 Nov. 1810–9 Sept. 1896. Attorney, railroad executive, politician. Born in Hamilton, Madison Co., New York. Son of Elisha Payne. Graduated from Hamilton College, 1832, in Clinton, Oneida Co., New York. Studied law under John C. Spencer, in Canandaigua, ...

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H. E. Sammons
Thomas Jones
John Frodsham

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Richard Riley
Jas. Bridge
[illegible] nelson
Nathaniel Leavitt
Charles Leavitt
Samuel Hood
S H Abernathy
Jo George Hatch
2

Possibly Josephus Hatch, who lived in the Third Ward in Kimball’s Addition, block 2, lot 71. (Book of Assessment, 1843, Third Ward, 12, Nauvoo, IL, Records, CHL.)


Comprehensive Works Cited

Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

George Fowler
[p. [2]]
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Source Note

Document Transcript

Page [2]

Document Information

Related Case Documents
Editorial Title
Petition from Ebenezer Jennings and Others, 17 January 1844
ID #
4025
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Unidentified
  • Henry Norton
  • James A. Eastin
  • Stephen Wilkinson
  • Samuel Smith
  • James M. Flack
  • John D. Murdock
  • Henry Payne
  • John Frodsham

Footnotes

  1. [1]

    Possibly Neil A. Travers, who purchased property in the Third Ward in Hibbard’s Addition, block 9, lot 1, in February 1846 and may have lived in the area earlier. (Almon Babbitt, Joseph L. Heywood, and John S. Fullmer to Neil Travers, Deed, 6 Feb. 1846, Hancock Co., IL, Deed Records, 1817–1917, vol. 19-O, pp. 515–516, microfilm 954,601, U.S. and Canada Record Collection, FHL; Hills, Map of the City of Nauvoo, 1842.)

    U.S. and Canada Record Collection. FHL.

    Hills, Gustavus. Map of the City of Nauvoo. New York: J. Child, 1842. CHL.

  2. [2]

    Possibly Josephus Hatch, who lived in the Third Ward in Kimball’s Addition, block 2, lot 71. (Book of Assessment, 1843, Third Ward, 12, Nauvoo, IL, Records, CHL.)

    Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

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