Proclamation, 16 June 1844
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Proclamation, 16 June 1844
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Historical Introduction
Historical Introduction
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“Public Meeting,” Nauvoo Neighbor, 19 June 1844, [3].
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
“Proclamation,” Nauvoo Neighbor, Extra, 17 June 1844, [1]; “Proclamation,” Nauvoo Neighbor, 19 June 1844, [3]. Two advertisements in this issue are dated 19 June. While it is possible that the paper was published on 19 June, the inclusion of these advertisements suggests that this issue came out later than the 19 June issue date. (“Take Notice,” Nauvoo Neighbor, 19 June 1844, [3]; “Notice.—Wanted,” Nauvoo Neighbor, 19 June 1844, [3].)
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
“Joe’s Proclamation,” Warsaw (IL) Signal, 19 June 1844, [2].
Warsaw Signal. Warsaw, IL. 1841–1853.
“The Mormon Troubles,” Daily Picayune (New Orleans), 27 June 1844, [2].
Daily Picayune. New Orleans, LA. 1837–1914.
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- Proclamation, 16 June 1844
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Footnotes
Footnotes
In June 1844 the mayor’s office was in JS’s brick store, where it had been since March 1843. (JS, Journal, 14 Feb. and 28 Mar. 1843.)
On 12 June the Warsaw Signal published a rumor claiming that JS had issued threats against his own people during the deliberations of the Nauvoo City Council. Another article in that same issue rumored that JS was involved in counterfeiting. (“Further Particulars from Nauvoo,” Warsaw [IL] Signal, 12 June 1844, [2]; P. S., “For the Signal,” Warsaw Signal, 12 June 1844, [3].)
Warsaw Signal. Warsaw, IL. 1841–1853.
Among the resolutions adopted in Warsaw and Carthage earlier in June was one “to notify all persons in our Township suspected of being the tools of the Prophet, to leave immediately on pain of instant vengeance.” On 15 and 16 June, JS learned about instances of such ultimatums being issued to Latter-day Saints in and around Isaac Morley’s settlement. (Warsaw [IL] Signal, Extra, 14 June 1844, [1]; Letter from Isaac Morley, 16 June 1844; Thomas Wilson, Affidavit, Nauvoo, IL, 16 June 1844, JS Office Papers, CHL; see also JS, Journal, 15 June 1844.)
Warsaw Signal. Warsaw, IL. 1841–1853.
In the prospectus of the Nauvoo Expositor, the publishers stated that they deemed it “a sacred duty they owe to their country and their fellow citizens, to advocate, through the columns of Expositor, the Unconditional REPEAL of the NAUVOO CITY CHARTER.” They further stated that they would advocate “free toleration to every man’s Religious sentiments, and sustain ALL in worshiping their God according to the monitions of their consciences” but that in doing so, they would oppose “the Insupportable OPPRESSIONS of the MINISTERIAL powers, in carrying out the Unjust, Illegal, and Unconstitutional Ordinances” of the city charter. (Prospectus of the Nauvoo Expositor [Nauvoo, IL: 10 May 1844], copy at CHL, emphasis in original.).
Nauvoo Expositor Prospectus. Nauvoo, IL: ca. 10 May 1844. Copy at CHL.
For similar accusations against the publishers of the Nauvoo Expositor, see Minutes, 8 June 1844; and Minutes, 10 June 1844.
On 8 June 1844, JS complained to the city council that “such papers are calculated to destroy the peace of the city.— and it is not safe that such things should exist— on acount of the mob spirit. which th[e]y tend to produce.” JS then “called the witnesses to prepare the council to act in the case.” (Minutes, 8 June 1844.)
The Nauvoo City Council debated how to respond to the Expositor in its meetings on 8 and 10 June. City councilman Benjamin Warrington proposed that instead of destroying the Expositor, the city assess a fine “of $3000.00 for every libel” it printed and then declare the newspaper a nuisance if its publishers and editor would not desist publishing offending materials. Warrington did cast a dissenting vote on the issue. (Minutes, 10 June 1844; see also Minutes, 8 June 1844; “A List of Votes, of the City Council, of the City of Nauvoo, by Yeas & Nays.— Taken upon the Respective Days, Herein. 1843. & 1844,” Nauvoo, IL, Records, CHL.)
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.
William Blackstone’s Commentaries on the Laws of England was an influential treatise on English common law that went through multiple printings, including an edition that was edited by another English legal commentator, Joseph Chitty. An 1840 edition of Blackstone’s Commentaries published in the United States included notes taken from Chitty’s edition. In this American edition, on the page referenced in the city council minutes, Blackstone defined a nuisance as “whatsoever unlawfully annoys or doth damage to another.” The same page also included a footnote, borrowed from Chitty’s edition, that considered how nuisance law might be applied to a newspaper. It read “So it seems that a libellous print or paper, affecting a private individual, may be destroyed, or, which is the safer course, taken and delivered to a magistrate.” (Blackstone, Commentaries, vol. 2, bk. 3, p. 4; see also Chitty, Commentaries, 3:5–6.)
Blackstone, William. Commentaries on the Laws of England: In Four Books; with an Analysis of the Work. By Sir William Blackstone, Knt. One of the Justices of the Court of Common Pleas. In Two Volumes, from the Eighteenth London Edition. . . . 2 vols. New York: W. E. Dean, 1840.
Chitty, Joseph, ed. Commentaries on the Laws of England: By the Late Sir W. Blackstone. 4 vols. London: William Walker, 1826.
During the 10 June meeting of the city council, JS argued that “the Constitution did not authorize” newspapers “to publish Libels,” likely referring to the First Amendment to the United States Constitution. William W. Phelps also read from the Illinois state constitution’s provision guaranteeing freedom of the press. Phelps may have similarly argued that the city council’s proposed action did not violate the state’s constitution. (Minutes, 10 June 1844; see also U.S. Constitution, amend. 1; Illinois Constitution of 1818, art. 8, sec. 22; and Oaks, “Suppression of the Nauvoo Expositor,” 891–895.)
Illinois Office of Secretary of State. First Constitution of Illinois, 1818. Illinois State Archives, Springfield.
Oaks, Dallin H. “The Suppression of the Nauvoo Expositor.” Utah Law Review 9 (Winter 1965): 862–903.
The Nauvoo charter drew directly from earlier charters for various Illinois cities, including Springfield, in establishing a provision for the city government “to make regulations to secure the general health of the inhabitants, to declare what shall be a nuisance, and to prevent and remove the same.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; An Act to Incorporate the City of Springfield [3 Feb. 1840], Laws of the State of Illinois [1839–1840], p. 9, art. 5, sec. 7; see also Minutes, 10 June 1844.)
General Laws of the State of Illinois, Passed by the Eighteenth General Assembly, Convened January 3, 1853. Springfield: Lanphier and Walker, 1853.
The day after the newspaper was destroyed, Francis M. Higbee made a complaint before Hancock County justice of the peace Thomas Morrison accusing JS and seventeen others of riot because they “unlawfully & with force burned & destroyed the printing press, type & fixtures” of the Nauvoo Expositor. Although JS here defended the legality of the action, Illinois law indicated that a riot could also be “a lawful act” performed “in a violent and tumultuous manner.” In other instances where they defended the abatement of the Expositor, JS and others emphasized that the press was destroyed “without riot, noise, tumult, or confusion.” (Petition to Nauvoo Municipal Court, 12 June 1844; An Act Relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois [1839], p. 220, sec. 117; Letter to Thomas Ford, 14 June 1844; John M. Bernhisel, Nauvoo, IL, to Thomas Ford, Springfield, IL, 14 June 1844, [1], JS Office Papers, CHL; Sidney Rigdon, Nauvoo, IL, to Thomas Ford, Springfield, IL, 14 June 1844, [2], Sidney Rigdon, Collection, CHL.)
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
See Luke 2:14. Church members had used some iterations of this phrase since at least 1838. During a July 1838 sermon, Sidney Rigdon stated, “In times of peace, it ought to be our aim and our object, to strengthen the bonds of the Union by cultivating peace and good will among ourselves.” In an 1842 editorial in the Times and Seasons, JS stated that while the kingdoms of men “were founded in carnage and bloodshed, and sustained by oppression, tyranny, and despotism,” God designed “to promot[e] the universal good, of the universal world;— to establish peace and good will among men.” Finally, in the 26 March 1844 memorial to Congress and the 30 March 1844 memorial to John Tyler, JS stated his trust “in the God of Liberty, that he has designed Universal peace and good will Union and brotherly love to all the great family of Man.” (Discourse, ca. 4 July 1838, 5; “The Government of God,” Times and Seasons, 15 July 1842, 3:855; Memorial to the United States Senate and House of Representatives, ca. 24–26 Mar. 1844; JS, Memorial to the President of the United States of America, 30 Mar. 1844, [1], draft, JS Collection, CHL.)
The records of the Nauvoo Municipal Court indicate that Francis M. Higbee, Chauncey L. Higbee, Charles A. Foster, and Robert D. Foster had each been charged with breaches of city ordinances during previous months. (See Historical Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B; and Historical Introduction to City of Nauvoo v. C. L. Higbee et al.)
Estimates of Nauvoo’s population were generally overstated at the time. An 1845 census listed Nauvoo’s population as 11,057. The population in June 1844 was likely closer to that number than the stated 20,000. (“Mobocracy,” Times and Seasons, 15 Nov. 1845, 6:1031.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
JS likely hoped to have the matter adjudicated before either the Illinois Supreme Court or the United States Circuit Court for the District of Illinois, which court JS appeared before during efforts to have him extradited to Missouri in 1842 and early 1843. During December 1842 Ford provided legal advice to JS and then assisted him by issuing a new warrant for his arrest, which allowed JS to appeal for a writ of habeas corpus from the United States Circuit Court for the District of Illinois. Ultimately, Judge Nathaniel Pope ordered that JS be discharged from arrest on that occasion. While it is not entirely clear what role JS was hoping Ford would play in June 1844, he was almost certainly remembering Ford’s assistance with that earlier hearing. The determination of legal jurisdiction, however, remained a judicial matter and was thus beyond the scope of Ford’s authority as governor. (Letter from Thomas Ford, 17 Dec. 1842; Petition to Thomas Ford, 31 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842; JS, Journal, 4–5 Jan. 1843; see also Letter to Thomas Ford, 14 June 1844.)