Nauvoo City Council Rough Minute Book, February–December 1841

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3 February 1841 • Wednesday
Met at Mr <​the House of ​>s’ at 6 oC. <​PM​> 3rd Feb.y. 1841.—
<​ the​> Mayor Sworn into office by .
Meeting opened by Joseph Smith Jr by Prayer—
gave Notice that Br was appointed Marshall, & requested the public to obey him.—
proceded & Alderman & Councillors were Sworn, unless who was not present—
proposed as Marshall for two years Ensuing,— Voted in,— & Sworn
for Treasurer— Voted in & Swn
for Recorder— Voted in & Sworn
supervisor of Streets <​Voted in​>.— not present—
City assessor— Voted in & Swrn
then addressed the Citizens.— & Cited parts of the City Charter, making his observations as to what he considered should be done in the forthwith &c
Col Joseph <​Smith​> presented a Document <​or Bill of Ordinance​> setting forth the manner of appointed <​appointm[en]t​> of Military Force, or — Read three times & passed.—
Same presented a Bill appointing a Board of [illegible] Ordinance Orgainising the City of <​University of the City [of?]​> Read three times & passed.—
Moved & Seconded <​& voted​> that thanks of Citizens [2 words illegible] be tendered to Citizens of , & Legislature of for their kindness [2 words illegible] [p. 1]
Moved & Seconded that that portion of the <​Message​> Resln as to adopting a Canal be referred to a Committee of 3 (Messrs. , J. Smith, & ) who are to report
Moved & Seconded that that portion of Message as to <​vacating​> Town Platts <​of ​> be referred to Committee of Messrs <​J.​> Smith, , &
Moved & Seconded that <​the​> portion of Message as to Vending Spirituous Liquors be referred to a Select Committee, Comittee Joseph Smith,— , & .
Moved & Secd. that Committee of 5 as to Code of Ordinances for , <​viz​> J Smith, , ,— , &
Moved & Secd that appt of Board of Health be referred to Committee— adopted Col J. Smith, , & .—
Moved & Secd that the Inaugural Address, & proceeds of Meeting be published in Times & Seasons, which was Carried. —
made Remarks as to his Powers, & those of the other officers.
Moved & Secdd for an Adjnt [adjournment] <​of Counsel​> to Monday next at 2 1 oC aftn to meet at ’s.— Adopted.—
Monday <​Wednesday​> 8th 3rd Feby 1841.
City C.
8 February 1841 • Monday
Monday 8th Feb.y. 1841.
[City] Counsel Council met purst to adjournment.
[Opene]d by Prayer by Coln
[An or]dinance in relation to the City Col read the first time [p. 2]
Sworn
The Committee upon the Canal made their Report, which was read, &— Col Joseph Smith moved that it be accepted.— spoke on the <​im​>practicability, as so far as regards Expence, & Taxation.
Colr Joseph Smith spoke in favour of adopting the Report of the Committee—
stated that the People have <​the​> right to Consent to Taxn, but representatives not to put it on, of themselves.
Colr Joseph Smith again spoke in favour, as before mentd.
Colr wishes es <​thinks it​> all important that a Survey of the Canal shd be made, & wishes some Person to state, whether the intent is, that Ships shd pass clear through the , &c whether the Sand Bar wd be detrimental, or wd any Toll be payable by Ships.
Colr Joseph Smith moved for a Committee of the whole, & was accordingly called to the Chair.
The then took the Floor, & spoke in length in <​favour of report.—​>
, spoke to some effect.—
The gave further explination—
considered it a benefit, & that Mill priviledges were much wanted.—
recommends a Survey.—
Ad
Committee rose & reported, & recommended the passage of the resolution.—
Report of Committee Accepted.—
Report of Committee respecting <​the vacation of​> the Town Platts, and <​Town​> City of
Moved & Seconded that report be laid on the Table.—
Colr Joseph Smith spoke in support of the Report.—
spoke at length, & wd vote for the reslns if he thought it could be properly vacated.—
spoke to same effect.— [p. 3]
Colr Joseph Smith again stated that Charter authorised the vacation.—
stated that the Legislature intended the Charter shd Contain power to vacate & that <​it did Vacate the Town Platts &​> he wd oppose laying resolutions on the Table.
Spoke at length, & <​said he​> Considered <​that​> the Charter Vacated the Town Platts of .
Motion for laying on Table withdrawn—
Colr Joseph Smith moved that report be withdrawn— Motion withdrawn.
moved that Committee be at liberty to withdraw Report.— Motion put & carried and
Report withdrawn, with liberty to amend.
Moved & seconded that Col Joseph Smith be appointed to Contract for Survey <​of Canal​>, & to report.—
moved that rules be dispensed with, & to report progress.—
Colr Joseph Smith (Chairman of Committee) read report respecting Spirituous Liquors, Poison, Gunpowder, & &c.
Bill Recd first reading so far as first Division
Second reading— Second Division
Bill read the first time.—
An Ordinance in relation to the City Counsel Council, & other Officers read the second time
A Clause added to 2nd Section
Read a third time, & passed.
Adjourned until this day Week at One oC. afternoon
Sworn in supervisor of Streets—
8th Feby 1841
, Protem
15 February 1841 • Monday
Monday 15th Feby 1841.
called to the Chair in the absence of the — Proceeds of last meeting read. Meeting opened by by Prayer—
stated that does not Consider that the Charter has evacuated the Town of , & produced a [p. 4] A Map of s property as he <​​> wd wish, it to stand—
Moved & seconded that the Petn <​or Map​> be laid— on the Table; & Carried—
then took the Chair
An ordinance relative to Temperance— Read 1st time— rules dispensed with. & recd, 2nd reading.—
moved that it be amended by striking out the Word Quart, & insert the Word Pint—
Opposed by Colr J. Smith,— also by ,— spoke,— explained,— Colr spoke in support of Bill, at length. Colr. J. Smith moved to go into a Committee of the whole. Seconded, & Carried, & Colr <​J.​> Smith took the Chair,
The then spoke at great lenghth in support of the Bill, & opposed the amendment.
Bill passed reported back without amendment, & stands as originally.
moved that the word Quart be struck out, & word Gallon inserted.
Colr J. Smith spoke at length on the article of Liquor being unnecessary, & operates as a Poison, & that Roots & Herbs can be found to effect all necessary purposes.
explained,— spoke at length.—
Moved, Seconded, & Carried, that Word gallon be inserted—
Colr J. Smith moved, <​& it was​> seconded, & Carred, that Comittee be relieved from further Considn as to City. Platt.
Committee on internal improvements <​Code of Ordinances for ,​> reported Progress, & obtained further time.—
Petn for liberty to make a Dam or Pier out into the , ordered to lie on the Table—
Bill of Laws & Ordinances for City of , read 2nd
Bill for [illegible] on Temperance read a 2nd time.
moved an amendment that <​whiskey be not sold under a Gallon, and other​> Spiritous Liquors under a Quart.— Bill passed.—
Adjd to one oC. on Monday next.
Monday, 15th Feb.y. 1841. , Mayor [p. 5]
22 February 1841 • Monday
Monday [22][n]d. Feb.y. 1841.
City Col met purst to adjt, & adjourned pursuant to vote, to the office at s.—
presented a Petn to have Kimballs tract Surveyed in City Platt— Moved by that it be referred to a Committee, to report at next meeting.— spoke.—
Colr J. Smith moved that <​last​> motion be withdrawn & Petn proceeded on,— Colr spoke to some effect.
withdrew his Motion.—
Moved that Petn be laid on Table,— <​secdd​> & Carried—
Colr J. Smith applied to know if Report on City ordinances wd be in order, & being answered by the that it was,
, read that part of City ordinances, as relates to the City officers, viz Recorder, & Treasurer, Assessor, Marshall, Supervisor, Inspector of Weights & Measures, &c..
Bill read first time.
Colr J. Smith moved a resln. that the freedom of the be Conferred on the present , Lieut— Govr, Col. of Revision & Members Secdd of both Houses of the Genl Assembly of <​the​> State of , Seconded, & Carried.—
Colr J. Smith moved an ordinance in Relation to the University Seconded, & passed.—
<​ moved​> An Ordinance to amend an Ordce <​entitled an ordce on Temperance of 14th <​15th.​> feby 1841.​> as to Licence, being obtd for liberty to Sell Spirituous, & <​or​> Vinous, Liquors.—
Read first time,— Recd 2nd Reading,— spoke in support of ordinance.—
Colr J. Smith said he his views were somewhat different, & thinks the former ordinance sufficient.
spoke against the Bill, & against granting any Licence,
spoke against making any other Law than what has been already made on this Subject.
explained.— Colr J. Smith again spoke.
moved to go into a Committee of the whole, & Carried, & was called to the Chair, & the then spoke in explination of his views of the intention of the Bill,
said if this Bill passed, it wd be in Contradiction to the former Bill, & spoke at length.
, said former Bill prohibits Licence entirely, & spoke in accordance with s views. [p. [6]]
The again spoke in expln., & that he is satisfied with the former ordinance.
Colr J. Smith spoke in strong terms, in opposition to the Bill.
moved that Committee rise & Report.
explained.— B On vote whether Bill be ordered to a third reading, the Bill was lost.—
Bill, /as to 1st Division,/ relating to the City Wards, Read a third time, & passed.—
Bill /2nd Division,— Streets & Bridges/ Read a second time by the Title.— Moved that Bill be <​again​> referred to the former Committee,— Seconded, & Carried.—
Colr J. Smith moved that Petn of <​ & others Respecting​> be allowed, respecting the laying out of <​ addition to ​> City Platts,— Seconded, Also moved, that all after the Word “resolved” be struck out, & that it be amended by adding the Words
[2 lines blank]
spoke,— spoke,— said he thought the survey should be at the expence of the <​Petr &c​> Proprietors.
Colr J. Smith said it wd enhance value of Lots, & they Citizens on the Lands shd pay it.—
Petition was amended.— & Resolution Read.— & Carried. <​viz​>*
<​*Resolved by the City Col of the City of that the Citizens of Kimballs addition to be, and they hereby are, permitted to extend the survey of the original plat over said Addition, provided that no survey shall ever be made therein, which does not Conform to the City Plat of .​>
Colr J. Smith read a Resoln relative to the <​​> road leading from to the late Town of .
spoke.— spoke.— spoke for an Amendment, that all & Roads lying within the limits of this , be vacated.
spoke— spoke, — Colr J: Smith spoke,
again spoke— spoke, — also spoke.— explained.— Colr J. Smith gave further Ideas.— Colr proposed an amendment Amendment Carried,— Colr J. Smith again spoke,— Colr spoke further.— Colr J: Smith replied.— explained.— ColrJ. Smith explained.— spoke.— gave explinations respecting the power and manner of changing Roads.—
M Carried, to strike out original Resln.
Moved Seconded & Carried that Resln be laid on the Table [p. 7]
Adjourned to this day Week, at this place, at 1 oC.—
Monday 22nd. February 1841.—
, M[a]yor.
1 March 1841 • Monday
Monday 1st March 1841.
City Col met purst to adjournment— Meeting opened by Prayer,
Minutes of last meeting Read.
Col J. Smith moved an ordinance respecting Roads <​& Town Platts​> Read first time.— En Entitled a<​n​> Bill <​Ordinance​> in Relation to Roads & Town Plots.—
Col J. Smith moved an Ordinance respecting the Surveying of any addition to City Platt— En Entitled an ordce in relation to the City Plot.—
Both the foregoing Bills were read a second, & third time, & passed, the Rules being dispensed with.—
Col J. Smith moved an Ordinance to divide the into 4 Wards, <​& appointing the Aldermen <​& Colrs​> to their respective Wards,​> read the first time, read— Second time, & third time, and passed.—
Entitled an Ordinance dividing the into Wards.—
Colr J. Smith moved an Ordce respecting publick Meetings Read first time, Read second time, Read third time, & passed.— Entitled an Ordce in relation to public Meetings.
Colr J Smith moved an Ordce in Relation to Religious Societies Read first time, <​rules dispensed with​> Read second time, & third time & passed— Title as above
Colr J. Smith moved, & it was seconded & carried, that s Pl Map which was laid on the Table, be taken up, & was carried accordingly. & Map was taken up & handed to Colr J. Smith, who spoke respecting the Lotts or Ground which it refers to.—
Moved & seconded that Petr be at liberty to withdraw his Petition. Carried.— & Map handed to .—
Colr J. Smith moved an Ordce, Entitled an Ordce Creating Certain additional <​​> officers therein named, Read second time, Bill [p. 8]
, Monday 1st March 1841.
Bill Read the first third time & passed.
Moved & seconded to be <​high​> Constable for the first Ward & Carried—
, for second Ward.— Voted in.—
, for third Ward,— Voted in.—
, for fourth Ward— Voted in
was sworn in accordingly.—
Colr J. Smith moved a Resln. that the office of Supervisor of Streets be declared Vacant, seconded & Carried.—
Moved & Seconded that be appointed Supervisor of Streets,— Carried.—
Moved & Seconded that the act as Supervisor of Streets in the absence of that .— Sworn in accordingly.—
Colr J. Smith offered a Resolution that the shall give Notice to the Person having encumbrance on the Street, at s House, & to oblige him to have same removed within ten days, seconded, & Carried.
said the Street run all along the , & it was moved seconded & Carried, that all Nuisances on the Street be removed by the .—
Colr J. Smith moved & it was secd that Cols authorize some Person to attend the Commrs Ct [County Commissioner’s Court] for to procure an appropriation for Roads in this part of the & was appointed to be the Person to go.—
Moved & seconded that Vote of thanks & freedom of the be Conferred on Senator for .
Adjourned by vote until Monday next 8th March 1841.— at one oClock, at same place.—
Monday 1st March 1841.
, Mayor [p. 9]
8 March 1841 • Monday
Monday 8th. March 1841.
City Col. met purst to adjournment— Meeting opened by Pray[er]
Minutes of last meeting Read.—
Colr. J. Smith moved that <​the​> general ordinances now before the Committee be brought forward seperately, for the Convenience of discussion.
Seconded & Carried.—
Colr J. Smith moved that be appointed City Surveryor,— Seconded, & carried.—
Colr J. Smith moved that be appointed Weigher & Sealer for the , seconded, & Carried.—
moved, and it was seconded, & Carried that the appointment of Collector for of taxes in the <​ be to​> , Collector <​the Assessor,​> seconded, & carried accordingly.
Moved, seconded, & Carried, that—— <​be appointed​> Market Master for the .
, , & , were sworn in High Constables for the .—
was sworn in Supervisor of Streets of the
Colr J. Smith moved, & it was seconded, & Carried, [that] be at liberty to address the Council respecting Nuisances, & he spoke accordingly.—
Colr. J. Smith stated that <​the​> Mill partly stands on the Street, & that no Logs can be put up to the Mill without being on the Street, & spoke at length.
moved that explain, how he came [to] have Title to <​the​> Premises upon which Mill Stands, and explained.
[p. 10]
stated that Ferry was Granted for one half Mile above, & the same length below the Mill, so that there was not any right to build a Mill without the privilege of the owner of the Ferry.
Colr J. Smith moved, & it was seconded, & carried, that the be permitted to state his knowledge of the Claims upon this Ground, & he did so.
Colr. stated his knowledge respecting the Ground having been made over in Trust, (or as Agent) to .
Colr J. Smith moved that a further time <​of Ten days​> be extended to for removing the obstruction upon the Street, seconded, & Carried.—
moved that the Labour Tax for the Citizens of for this year, be fixed at three Days.
Aldmn. spoke as to the necessity of making Roads & Lanes good, at <​the​> present time.
stated that there was much other Labour to be done by the Citizens this Year, & Recommended to not go to the greatest extent of Taxation.—
Colr. J. Smith spoke in support of the Motion.
spoke in support of the Motion.
spoke to same Effect.
Seconded, & Carried by Vote. —
moved that a Committee of four (one for each Ward) be appointed to ascertain where Work is most needed & to report accordingly.
First Ward— Col <​Aldmn​> .
Second Ward— .
Third Ward— Colr .
Fourth Ward— [p. 11]
moved that a Committee be appointed to enquire into the Circumstances respecting the Mill.
Colr J. Smith thought it unnecessary, & he will present Papers respecting it, at next meeting.—
withdrew his Motion.
Adjourned until this day Week, at one oClock, at the of Colr. J. Smith.—
8th. March 1841.
, Mayor.
15 March 1841 • Monday
Monday 15th March 1841.
City Col met purst to adjournment— <​Meeting​> Opened by Prayer,
<​ stated that the​> moved for time for Committee on Streets, to Report, required <​further​> time to Report.
Moved Seconded & Carried that further time be granted for Committee on Streets to Report, until next meeting of Counsel.
stated that wishes to know whether the Col will decide as to whether his Mill will be permitted to remain as it is.
Colr J. Smith moved that the Mill be permitted to stand as it is, provided the <​ of the Mill​> make Shall not intrude upon the Rights of the Ferry.
spoke as to making Motion in a different form.
spoke in favour of mill standing, altogether on account of ’s poverty, expenditures, & for his sake, & believed the Ground was personal Property.
Colr J. Smith again spoke, & said if any defect in Title or doubt, as to Ground between Street & , being personal Property, the [illegible] of <​original​> Title was in & [p. 12] & spoke as to rights of Ferry with liberty for Horses to Tow the Boats.
said he never did consider that had any Right to put the Mill there.
Colr J. Smith wished power (as to this Property) to be in the City Col., <​and they​> to have Control over it, only not to infringe upon the Ferry Rights.
said he considered the City Col has not any Right to interfere, further than to see whither Mill obstruct the public Ground, & Considers from high to low Water mark to be all public Ground, & let arrange with the owner of the Ferry.
dont think there is any right to decide it before this Col, & considers the Mill dont obstruct the Street, but is a Ferry Obstruction, & it was impracticable that the Mill was put there.
The then spoke, & sd he <​always​> considered the Ground in question, to be publick Property, the of Mill may Arrange with the Proprietor of the Ferry, & the of Mill to proceed at his own risk.
moved that Mill be removed altogether that Charter authorizes the regulation of Ferry, & that Steam may be put to the <​Mill​> upon dry Ground, Seconded by Col ,
Colr J. Smith spoke in support of the Motion, & <​stated​> that City Col have full power over all Property in the .
said, Mill was a great obstruction in his Ears, & put there against his will, by authority of some Person claiming Authority, & is an abominable Nuisance, he will pay his Proportion of Expences, & let it be removed. will [p. 13] Will enter his protest against removing it, unless it be appraised.
spoke respecting the High Col. having interfered the Owners of Mill sought for the approbation of the High Col., which they Granted, so far <​only​> as they might be concerned,
Colr. spoke in support of the Motion, & that it will be a growing Evil, & is a Nuisance, & through respect to the of the Mill, wishes it removed to the Foundation.
wishes the to be heard, as he was one of the High Council, & does not wish any impeachment to be against them, respecting it.
The spoke as Respects Respectg a charge made <​by one of the Counsellors Aldmn​> as to his Tamporizing in this the discussion of this Matter, he said he considers the Col. have power to act, but <​they​> not having granted any liberty to put <​the​> Mill there, he does not think they <​the Council​> should interfere at present, not be held accountable for the Costs of the Removal.
explained, & said he did not mean <​allude to​> the .
Colr J. Smith explained that Mr Bosier has not any property in the Mill,
The Motion to remove the Mill prevailed.—
Colr J. Smith moved & <​it was​> seconded that 4 Mos be granted <​the​> , to remove the Mill, <​or the Mill to be removed at expence of the ​> & Carried unanimously,
moved a Resoln. that several Persons, Viz, , & others, be requested <​invited​> to attend the anniversary <​of the Church​> of <​& the​> laying the Corner Stone of the in , upon the 6th of April next,
Colr. [p. 14]
Colr J. Smith, asked whether they could be treated respectably, otherwise they should not be invited, he had not accomodations, but was willing to pay part of the Expence.
said he thought if they were invited, it should be by the Citizens & not th by this Council.
The spoke, & stated that several of them were Citizens of this , & in that respect would be at Home when here.
withdrew his Motion.
was sworn in as Weigher & Sealer for the .
Adjourned to this day two Weeks at one oClock, at same Place,
15th March 1841.
, Mayor.
29 March 1841 • Monday
Monday 29th March 1841.
City Council met pursuant to Adjournment, Meeting opened by Prayer, Reading of Minutes of last Meeting dispensed with.
presented a Petn respecting Dogs & said he wished it to lie on the Table until next Meeting
Colr Joseph Smith proposed <​that Petn be proceeded upon, &​> that Owners of Dogs be fined, if their Dogs molest any Person.—
Motion withdrawn by .—
Colr Joseph Smith moved by way of Ordnance that all Persons be fined <​Five Dollars​> who keeps a Dog, provided the Dog is set upon Cattle or Hogs &c, or molests any Person.
wished Fine to be Two Dollars.
Colr moved <​an amendment​> that Fine be not less than Two Dolls, or greater than Fifteen Dolls according to the enormity of the Crime, it was Seconded.
Colr. [p. 15]
Colr J. Smith Objected to the Amendment, & wished it to stand as Originally moved,
said Petn was changed into another shape, & would <​amend, &​> give Owner of Dog liberty to Kill his Dog or pay a Fine of from one to Ten Dollars at discretion of the Magistrate, who is to assess Damages,
Colr J. Smith said he agreed with ’s Views.
Aldmn proposed, that killing Dogs should not acquit the Owner of the Dog from paying Damages.— & wished that Amount of Damage should not be limitted to Ten Dolls.
explained,
The said all Fines granted by City Col, are Criminal, & suit for Damages will be in a Civil Court.
Aldmn again Rose & spoke, & the amendment was
Carried, that word Five be struck out, & the Words One & Ten be inserted.
To be called an Ordinance in Relation to Dogs.—
Moved & seconded that Petn respecting Dogs be printed, & was discussed by several of the Council, also whether the Name of the Poet be inserted.
Colr J. Smith spoke at length. Resoln amended by Vote, & <​that​> it be printed at expence of the Corporation—
Aldmn said he wished One Advertisement to be stuck up in each Ward.
Colr spoke.
Colr [p. 16]
Colr J. Smith said he considered the Col. had a Right to put a Fine upon the Person or Persons so Petitioning in Rhyme, or (as may be / with Scurrility, & spoke at length,
said there were honorable names to the Petn, & did not think they would object to publication,
The explained that an ordinance may be passed, to cause Persons presenting Petns to pay expence of Printing,
Colr. J. Smith again spoke upon the extent of the Charter, & that every Person who Petitions should consider themselves liable to Taxation, in as much as no Petn should be presented unless it was worthy of Notice,
Aldmn said that the decision now made, should be for a Rule hereafter in other Cases, & that this decision may prevent Petns (not worthy of Notice) <​from​> being presented,
Colr J. Smith moved that Petrs be at liberty to withdraw Petn., & that motion to have it Printed be Rescinded ,— seconded, & Carried.—
The spoke at as to power of Council to vacate Streets, &c.
Colr. J. Smith moved that the City Surveyor be Ordered to Survey the City of , & Platts of , to accord with the City Platt of , & make out a Map to be Recorded, Seconded, & Carried.
wished for an explination, or information as to right of Owners of Lots, to the Streets Vacated.—
Colr. J. Smith Answered the Questions.
The gave further explinations,
considered that every Person who purchased a Lot, expected that he bought the priviledges of the Street,
Colr J. Smith again spoke,
Colr [p. 17]
Colr J. Smith moved that <​the Survey of​> the City Platt, of the City of be Recognized by this Council, seconded & Carried.—
brought up the Report of the Committee on Streets, which he read, so far as prepared, & obtained further time to Report.—
Adjd to this day Two Weeks at one oC. same place,—
29th March 1841.
, Mayor.
12 April 1841 • Monday
Monday 12th. April 1841.
Re Col met pursuant to adjournment.— Reading of Minutes dispensed with until next Meeting.
spoke on the Report of Committee on Streets, spoke, <​The Report of the Committee was accepted by Vote,​> spoke, & moved that <​Report of Committee accepted by vote​> the Supervisor be instructed, & be exempt from working on Streets in the third Ward, until the first of Octr next. Seconded & carried Unanimously.
Adjourned to this day two Weeks at one oC.— same Place.
12th. April 1841.
, Mayor.
26 April 1841 • Monday
Monday 26th. April 1841.
Meeting opened, & sevl of the Col being absent, it was moved by Col Joseph Smith <​& seconded, & carried​> that <​the​> be Ordered to enforce the attendance of the Aldermen & Col who are absent., at one oClock on Saturday next the first day <​of May​>, to which time the Council is adjourned, to meet at the same place.
26th April 1841.
, Mayor. [p. 18]
1 May 1841 • Saturday
Saturday 1st. May 1841.
City Col met, <​purst to adjournment​> Meeting opened by Prayer. Voted, that the do notify the absent Counsellors to attend forthwith.
Minutes of last three Meetings read.
Col Joseph Smith moved that the Sympathies of this Council be tendered to the relatives of Deceased, who was the Assessor & Collector for the .
Lewis Robinson [Robison] Voted in as Assessor & Collector in place of deceased.
Col J. Smith moved that a new Burying Ground be procured out of the , & purchased at expence of the , & was seconded & carried.
Voted that a Committee of three be appointed to make purchase.— Viz , <​Col​> , & .— were appointed accordingly.
wished to know where Land wd be, & quantity. moved & it was seconded & Carried that it be Ten Acres, out of the .
Col J. Smith moved, & it was seconded, <​& Carried​> that the Sexton be fined to the extent of the Charter if he refuses to Act in his office, & that the Marshal give him Notice accordingly.
presented a Petn from for liberty to put his Mill out on the outside Butment,
moved that Petn be accepted, seconded,
The spoke, & wished to be excused from Voting, as he <​did not consider it beneficial to to again have it accepted.​>
Col. spoke, & wished to be excused from Voting, as he did not consider ’ labour wd be available,
Voted, that be at liberty to explain his Views, & he did so.
wished that shd. have privilege of trying out his experiment, & thinks he is entitled to it.
said if the Col tampered with this business, they wd have their first work to do over again.
Col. J. Smith stated the rights & priviledges of the owners of the Ferry, & that City Col has not right to take away Ferry Rights, without damages being paid to the Proprietor, & [p. 19] & if he will <​set​> his Fare agst the Petn altogether, if the Ferry Rights be infringed upon.
Question put, & motion put whether Petn wd be recd,— & lost.
moved a Petn <​ that the Supervisor be instructed​> to open that part of Wells Street which is North of Knight St., as far North as Young St., & also that part of Young St.. west of Knight St. to the next Corner by Mr. [Hugh] Herringshaws,— Petn Gran[ted]
Col Joseph Smith moved <​an Ordinance​> that the Citizens be protected for killing all Dogs running at large, which are set upon Cattle or Hogs, or molest any Person, which was seconded & Carried.
moved that all Persons who keep a Slut, & lets her Run at large while she has Dogs following her, be fined Twenty Dollars.
Col J. Smith spoke, & Motion was seconded & carried.
Council adjourned, Sine Die.
1st. May 1841.
21 May 1841 • Friday
Friday 21st May 1841.
City Council met pursuant to special appointment. The stated the object of the Meeting.
spoke on the subject of the Streets leading into the State Road.
Counsellor <​Joseph​> Smith moved that Parley Street be the Street, which should be improved to meet the state Road. Seconded, and Carried Unanimously.
moved that the resolution of the 12<​th​> April last, exempting the Supervisor from working upon the Streets in the third Ward, until the first of October next, be rescinded, & it was seconded & carried unanimously.
Moved & seconded that this Council adjourn sine die.—
Carried.—
21st May 1841. [p. 20]
12 July 1841 • Monday
Monday 12th. July 1841.
Meeting opened by Prayer. Minutes of last Meeting Read.—
The read an address recommending that this Col cause Sunday the 18th. Inst to be set apart throughout this as a day of public fasting, <​humiliation & prayer on acct of the Death of Senator Little​>
Moved & seconded that address be recd., & it was adopted
And Sunday 18th Inst to be the Day.—
moved a Petn to locate a public highway to Commence at the North East Corner of Section 7 in Range 6 N 8 W & continue west on the Section Line to the . Col Jos. Smith opposed, & stated that it wd Cause fractional Lots &c,
Amended by putting it on a line on either Side, <​of the proposed location,​> of that is, North or South, on the best Ground, <​as the Surveyor may think proper—​> & it
Motion put seconded & Carried.— it was then Resolved that Survey to be taken forthwith, & Road to be opened hereafter.—
The read the late Law relating to the granting Licences, <​& recommended the making of an ordce to Licence sellers of Vinous Liquors.​>
spoke in accordance with the views of the .—
Col. Joseph Smith, spoke respecting the Effects that would be produced, & moved
That any Person or Persons in the City of be at liberty to sell vinous Liquors in any Quantity, subject to the City Laws heretofore made & now in force, & it was seconded & Carried. was
The stated that the principal object of the meeting was relative to a variance between the survey of the City Platt of , & the Map as Recorded.
spoke, & considered it shd be put to rights, Col Joseph Smith spoke in opposition, at length.
spoke in explination, & wished <​​> the Marshall to <​explain.​>
again spoke. explained.—
Col. Joseph Smith explained.
12th. July 1841.
Adjourned sine die.— [p. 21]
4 September 1841 • Saturday
Saturday 4th. Septr 1841.— City Col. met by appointment.—
Moved <​& seconded​> that be elected Colr. instead of Col Decd.— & he was elected accordingly.—
& elected Regents of the University instead of & both Decd.—
<​elected​> Professor of Mathematicks in the University, of the City of .— & Master of Arts conferred upon him.
spoke as to having Assessment taken, & Assr to give his Bond, it was Moved seconded, & adopted.
Moved seconded & carried, that be appointed (instead of ) as one of the Committee to procure a burying Ground.
Moved, that the Committee to purchase burying Ground be at liberty to purchase two Blocks for that purpose, one on each side of the , so as to agree with the City Plott— & same was Carried.—
Moved that the Committee be at liberty to lay off the <​Burying​> Ground in such form as they may deem consider most suitable. & same was Carried.—
appointed Sexton.
Petn. Granted to open <​& Grade​> that part of Partridge Street North of Cutler Street.
A resolution was [blank] Moved seconded & Carried, that the procure a Seal for the Corporation, & that orders be issued by him <​under said Seal,​> to draw Monies out of the City Treasury, signed by the , & Countersigned by the Treasurer Recorder.—
<​A Resolution was​> Adopted that <​the​> Bonds of Assessor & Collector be one Thousand Dollars.— [p. 22]
appointed as City Treasurer, & Bond to be given <​by him​> for One Thousand Dollars.—
Adjourned Sine Die.—
4th. Septr. 1841.
16 October 1841 • Saturday
Saturday 16th Octr. 1841.
City Col met purst to special appt, minutes of last Meeting Read.
Petn presented & read <​representing inconvenience to several Citizens​> for the want of a Street, <​to wit​> beginning at the North End of a St. near the Brick House of Br. Nurse, thence running North across the half Section the distance of a half Mile.
Moved & seconded that Aldmn <​​> be one of <​a​> Committee to inspect the Street mentd. in Petn., & report thereon, and that <​be​> the other Committee, with , <​to Compose​> making a Committee of three. said Committee, which was Carried.—
Moved, Secd, & Carried, that Comittee receive instructions, & Act in viewing other Streets deemed necessary to be opened.—
moved, & seconded, that the be instructed to direct the Supervisor to have work done on the Streets in the neighbourhood of Genl Smiths Dwelling house, & same was adopted.—
moved, & it was Seconded, & Carried, that a Committee be appd. to view the best Ground to open a Street or Streets to Run from where the Street was opened to, (near the Temple Lot) [blank] until it wd meet the Road, & <​extend to the Eastern limits of the Corporation it being a continuous Route, &​> that they report at next meeting .—
Moved that , & , be the Comittee.
was included, & carried Unanimously.—
moved that some work be done on Parley St.., & the St. opened.— Seconded & Carried.— [p. 23]
moved that the Committee for purchasing burying Ground, be instructed, to Report at next Meeting.— Seconded & Carried.—
moved, & it was seconded, & Carried, that the City Assessor procure necessary Documents to enable him to assess <​the City​> Taxes.
moved, & it was seconded, <​& Carried​> that be appd to Act as Marshal in the stead of the , <​in his absence, &​> until the Return of the , who intends to go to .
Moved, & Seconded, <​& Carried,​> that the be instructed to notify the City <​High​> Constables that unless <​each of them do​> they lodge <​a​> Bond in <​with sufficient Sureties for​> $500,00 each, with the Recorder of the , before the next Meeting of the City Col., that they will be removed from <​said​> office for such neglect.
Adopted, that the Bond of the Marshal be $1,000,00, & that do lodge a Bond with sufficient Sureties for that Amt., with the , before the next meeting of the City Col...—
Moved Secdd & Carried That the thanks of the City Col. be given to <​the City Marshall​>, for his good Conduct, zeal, & indefatigable exertions, for the Welfare of this , & the peace & tranquility of its Inhabitants. & <​Citizens​> since his appointment to office, & <​which is​> highly esteemed & appreciated by us.—
Moved Secdd. & Carried That the Vote of thanks of this Col. <​to the ,​> be Copied & Certified by the , & given to the .
Adjd to next Saturday at one oC. at <​Colr. s office​> Temple Committee House
16th. Octr. 1841.— [p. 24]
23 October 1841 • Saturday
Saturday 23rd. October 1841.—
City Col met purst. to adjournment
Meeting opened by Prayer— Minutes of last Meeting Read, and discussed & amended.
Colr J. Smith moved <​a resolution​> that a certain House near the & other Old Houses on Kimbles Ground, be deemed a Nuisances,
reported for <​& on the part of​> the Committee on the Petn of Jacob G. Bigler & others, dated 3rd Sept 1841, for opening a Street. Petn. Granted, & route continued South to Mulholland Street.—
The Committee apptd to view the Ground to open a St. or Streets near the Lot, brought in their Report
The spoke as to the propriety of Continuing the route on Mulholland St..
Col J. Smith spoke as in approbation of putting route on the best & nearest Ground.
opposed.
explained.
Colr J. Smith moved that report of Committee be amended.— Seconded, so as to go upon the best Ground.—
Colr. J. Smith withdrew his Motion.
moved, that Report of Committee be rejected.—
spoke in support of Report & that Street be opened so as to <​not​> go through Speers Field <​but round it,​> & meet the Prairie, & wishes Mulholland St. <​to be opened​> entirely through the Fields.
The gave explinations, & pointed out the distinction between opening Streets, & Working upon them at the expence of the .
withdrew his Motion, & Colr J. Smiths Motion reinstated.— then Continued his [p. 25] his Remarks, & Contended for the opening of the streets,
spoke.
Colr. J. Smith’s amendment Carried.
spoke
Colr. spoke
The Report of the Committee as amended, was adopted.—
Moved Secd & carried, that Street East of Warsaw St in between Mulholland & Parley Sts., be opened.—
moved, & it was Seconded & Carried——
that the St. East <​West​> of Winchesters, between Parley St. & Mulholland St. be opened.— & Continued North to Young St..—
Chairman <​one​> of <​the​> Committee on Burying Ground, rose to Report, & explained what they had done, & applied for time to Report fully.
Seconded, & time granted until next Sitting of Col.
Col J. Smith rose & spoke as to Nuisances, <​by Houses,​> & Dogs.
Colr. , wishes Houses demolished, Old Houses, & the Groggery upon the Hill, near the .
, supported the removal or demolishing of all Nuisances.
spoke, & wished owners to have notice to remove <​Houses.—​>
Colr. J. Smith spoke in addition to what he before said.—
The spoke at Considerable length respecting Nuisances & infringing upon the Laws, by Selling Spiritous Liquors
Resolution adopted, that the House on the Hill be removed by Monday Night, & the other Houses in a Week from this [p. 26] <​this day, viz the House wherein Mrs Huntington Died, the House next to it on the North Side, & the House wherein the Family of Fisk Died,— ​> this Day, & that all vicious Dogs are delared a Nuisance, & Colr. J. Smith <​is​> appointed to destroy them see that they be destroyed.— also to see that all other Nuisances be removed.—
Moved, Seconded, & Carried, that ’s Resignation be as High Constable of the , & <​declining to accept of the office​> of City Marshall, be accepted.
, appointed City Marshall, <​ad interim,​> & was Sworn accordingly.—
Lewis Robinson [Robison] appointed High Constable of the 3rd. Ward.— in place of resigned.—
appointed High Constable <​of the 4th. Ward​> instead of <​who has​> resigned.
Moved & seconded that & be Aldermen, added to the City Council, which was unanimously adopted.—
Moved & Secd that 4 Colrs. be added to City Col, namely,
which was Carried Unanimously.—
Adjourned to Saturday next at One oClock, at same place.
23rd. October 1841— [p. 27]
30 October 1841 • Saturday
Saturday 30th. Octr. 1841.—
City Council met pursuant to adjournment, Meeting opened by Prayer, <​Colr , & the who was formerly appointed, & the <​a Colr ​> subscribed his oath & the ​> Aldermen & Colrs who were appointed at last Meeting, were Sworn <​& subscribed their oaths.—​>.— Minutes of last meeting read, & amended.—
<​one of the Committee​> Chairman on burying Ground Reported Orally,
Report Accepted.—
Petn. of referred to a Committee of three, Viz Joseph Smith, & .— to enquire into his ability or inability to support a Pauper Pauper who has been at his House for a length of time, & Report upon the Case generally.—
moved that the St. East of Warsaw St. be opened from Parley St. to the City limits. Seconded & Carried.
Moved, Seconded, & Carried, that , & [blank] be permitted to Speak as Lawyers, Respecting the Remitting of the Fine imposed upon , & the Confirmation thereof, on the part of , & on the part of the City Council.—
Moved & Seconded & Carried that the City Col. have jurisdiction & authority over all Fines imposed by the City Council <​Officers​>, whether in Retaining, or remitting them.—
Colr Joseph Smith moved, & it was seconded & Carried that the Fine imposed upon , be remitted.
spoke on the part of , to have the Fine imposed upon him, Remitted.
spoke at length upon the propriety of a Confirmation of the Fine, by the City Council.—
The spoke at great length, in explination of the Charter, & the Powers thereby given, & the right of the City Council to Act thereunder,— & that he wd Vote for a Remittance of the Fine Returned by the Jury
Colr. [p. 28]
Colr. J. Smith spoke in explination of what took place wh at the time he was about to have the Building removed, & said he wd vote against <​the remittance of​> any of the Fines, & will not vote to overturn the verdict of the Twelve Jurors, who may be as sensible Men as any of the City Council. & asked the City Col to not remit the Fine.—
Colr. , said he would not Consent to A remittance of the Fine, & spoke at Considerable length, in acquiescence of punishing to the greatest extent, every Person who will threaten, oppose the Laws, Steal, Murder, or act illegally, in Violation of the Law.
, spoke against a Remittance of the Fine, & that acted to oppose the removal of a Nuisance, & that, with a knowledge that he had bought it, <​after​> with an understanding that it had been declared a Nuisance.
was permitted by the City Council to speak in reply to what has been said on the part of the City Col., & spoke at some length, alledging that the Jury & City Council were prejudiced, & influenced by the heat of Passion &c &c.—
Colr. J. Smith replied, & explained, at length, in Support of the Fine, & in defence of the Characters of the Jury and City Col..
Moved & Seconded & Carried, that the Council adjourn for two Hours.—
Council met purst. to adjournment
& were appointed Counsellors.— & Aldermen, High Constable in the place of .— & the Freedom of the Conferred upon , & .— [p. 29]
& were Sworn.— Sworn
spoke on the Case of
also spoke on the same Case.—
The spoke in Reply, & that to great extent.—
Colr. J. Smith again spoke in explination.
Colr said he wished to know how to Vote, as he considered the question in point was, whether the Fine should be mitigated, not taking any thing into Considn but the assault merely, or whether the opposition of the Laws & other Matters connected therewith, were to be considered.
It was afterwards Carried, that the Fine stand, & be not mitigated.—
Sworn as High Constable.
moved
Colr. J. Smith, moved that $125,<​00​> <​$125,00​> be <​ap​>propriated for Damages, for the Building destroyed which was removed on the Hill as a Nuisance.—
Motion laid on the Table
Adjourned to Monday next at Ten oClock A.M.—
30th. Octr. 1841
1 November 1841 • Monday
Monday Morn.g. 10 OClock, Novr. 1st. 1841.
Meeting opened by Prayer, Minutes of last Meeting read.
It was unanimously adopted
That the Swamp directly North <​West​> of Colr. s House be drained Immediately <​as soon as Circumstances permits.—​>.—
Colr J. Smith moved, & it was Seconded & Carried, that the Motion which was laid on the Table on Saturday Ev.g. respecting Compensation <​Damages​> for the Building declared a Nuisance on the Hill, be taken up,
Unanimously adopted, that & be permitted to take part in discussing the Motion.
The [p. 30]
The wished to know who the Petr. is, as he considers it to be .—
It was moved & Seconded, that the Council Act as if the Petn. was on the part of .
It was suggested by some of the Council, that the Petn was not presented upon the part of any particular individual.
Colr. Spoke, & <​said he​> must know the Petrs Name before he <​could act. —​>
Colr. spoke to the same Effect.—
signed his Oath & was Sworn,— signed his <​oath​>.
Moved that the amt of Wages be fixed for the Supervisor of Streets at one Dollar p Day, & it was seconded & Carried accordingly.—
A Bill was presented, that the cause the to appropriate the Road labour on the Sts Ordered to be opened by the <​City Col. & other Sts. already opened, as nearly equal as the Condition of said Streets & the Interests of the public may require.—​>
spoke & sd he wd not oppose the Bill.
Colr. J. Smith approved of the Bill, & said the was the proper Person to direct the appropriation of labour upon the Streets.— The explained the Duties, & Object intended.
sd he considered it wd Create too much trouble to the to attend to this duty, & wished it fixed so as that Petns shd be presented to the by those who required labour done, that he might be enabled to direct.
Colr. J. Smith again spoke in Support. The again Spoke.
Colr. J Smith again spoke, & Considered the Bill unnecessary, as he considered all such powers are already in the , but if necessary he wd Vote for it.—
sd it required an ordinance to Empower the , as it appears so to him by the Charter.—
Colr. J. Smith sd. <​that​> after an Ordinance passed to open a Street &c, he then Considered the was in full power to act, & have it Carried into Execution. & that a Street Ordered to be opened, is <​can​>not be said to be opened until it be properly made passable.
Aldmn. considers the Bill Superfluous.
will be satisfied, if any Gentn. will show him a Law already empowering the . [p. 31]
Colr J. Smith considers that the Charter is fully sufficient for the to Act, when an ordinance is passed <​to open the Streets, or​> to do any labour on the Streets.—
thinks there is a complete distinction between Opening Streets, & Working upon them afterwards agreeable to Ordinance.
The said he had not power to appropriate agreeably <​equitably​> upon Streets already Ordered to be <​opened, & those to be hereafter​> opened, & that the passage of the Law in question is necessary to enable him so to do.
Colr J. Smith said, the has exclusive Jurisdiction over all Ordinances when once made, & does not require any further law to be passed, to enable him to have work appropriated upon the Streets already opened, as well as those that may be hereafter opened.—
The desired that some of the Col wd move to have the Bill amended, by striking out the Words Mayor & Supervisor, which was moved & Seconded.
Colr J. Smith opposed the amendment, & wishes the Bill to be destroyed.
Col. went to shew the difference between Acting generally under the Charter, & acting under technicalitites when Streets are once opened, he wd wish to go liberally under the Charter, & not to bring on an Arduous task by ordering the to do Acts which he must do with his own Hands, if he has not other means.
The again spoke in Explination.—
spoke
opposed the Amendment, & will vote for the Bill as in its original State.
Considers the Bill should be amended, & he will then vote for it. [p. 32]
Colr. J. Smith obtd liberty to take the Floor, & wished the bus to be investigated carefully, & if necessary to postpone a decision until a proper understanding can be had, & a just & proper decision made.
The Original Motion withdrawn.
Adjourned until 6 oClock this Evg.
Col. met purst to adjournment,
Resignation of as a Counsellor, accepted. appointed in his Stead, by an Unanimous vote.— elected <​appointed​> City Attorney.—
Petn. of (claiming Damages for the House which was removed on the Hill, which had been declared a Nuisance,) was Read,— liberty given to Amend, & Petn. amended accordingly,
on the part of Petr., spoke in support of the Petn., to considerable length.—
spoke in opposition to taking the Petn. into Considn., or acting upon it.
Colr. spoke strongly in opposition to the Petn..—
Colr , sd. he considered the only way to get Rid of the Nuisance, was to destroy the Nuisance, for the Character of the <​Building, or​> place, was depicted upon it, inside, & outside.
, on the part of ; the question whether the House was a Nuisance must be got at in order to ascertain whether Damages should be Granted, he cd. not see how it cd be declared a Nuisance, there is only 3 kinds of Property, & this was not any of them, the three are, obstruction of the public Highway, any thing injurious to the public Health, or any thing of an Exhibition that is obscene. Damages will be for the value of the Property, & hopes the Council will give fair Compensation, & prevent the necessity of such a proceeding, he stated that the Majority of the Col had a Right to view Nuisances, to present them [p. 33] them, & Remove them immediately.
Colr. J. Smith spoke in Correction, & explination of what had been urged by the Lawyers, <​& said​> that Barrels were kept inside, & removed to the outside, & drunkenness carried, on in & about the place, will not Consent to pay any Damages, & <​said​> “if it be appealed to another Court, we will Respect the decision of that Court.”
wishes to know who the Property belongs to, & wd require Testimony to that Effect, & therefore Moves that the Petn. be laid on the Table in the meantime.
The obtained liberty to Speak, & Cited Cases to Warrant the Removal of Nuisances, & supports the Removal of the Building in question in the manner it was done.— & could not vote for Damages.
Moved Seconded & Carried, that the Council approve of the Acts of the , as respects the Removal & destruction of the Nuisance
Motion lost, whether the Amount of Damages claimed be paid to Petr..
Adjourned to one oClock P. M. on Saturday next, the 6th. day of November Inst., at same place.
Novr. 1st. 1841.—
6 November 1841 • Saturday
Saturday Novr. 6th. 1841.
Meeting opened by Prayer. Minutes of last Meeting Read.— Colr. <​was​> Sworn into office. & subscribed his oath.—
Petn. of , Recorder, referred to Committee of , & to report whether any & what Articles sought for in the Petn., such as Desk Books or Staty, shd. be procured for him as Recorder. [p. 34]
moved to Report on Streets
moved a Resolution, that the do s lodge the usual Bond with Surety, in the Sum of Five Hundred Dollars, as Recorder of this .—
Report of Committee on Petn., brought forward,— the Report was recd. by an Unanimous Vote.
opposed Granting the Petn..
The spoke in Explination, & wd oppose the Granting of the <​Petn.​>
moved, that the Petn. be rejected.—
Colr. spoke in opposition to Granting the Petns..
Spoke to same Effect.
sd. the Law required a Justice of the Peace to be appointed with the County Comrs. to oversee the Poor, & the Comrs. shd be notified to that Effect.—
Liberty to withdraw Petn., was Carried.—
presented a Resln <​Resolution​> that the City Col. meet one Evg. in every Week, to discuss the Laws of the , & other bus..—
moved an amendment. moved a further Amendt. which was not Carried.— & first Amendt. Carried, to stand “that the City Council meet on every Saturday Evg. at 6 oC. to discuss the Laws of the , & other business.—
presented a Resoln. that the City Col. meet in Councel<​lor​> s office, & that he receive pay for the use of the Room, <​& for​> & Fuel, & Candles, out of the City Treasury.
opposed, in as much as the expence wd come upon the Citizens generally, & shd be done by private Contributions.— [p. 35]
spoke in favour of the resln..—
The spoke in accordance with the Resln. & wd support <​it.​>
Colr. , sd. he was willing the Col. shd meet in his office as often as 3 times a Week, & he wd give way, & wd also provide Fuel & Candles, but wd Require some pay, & thinks it wd be a general good, to meet, as proposed.—
again Spoke in Support of the Resolution.
moved that the Words “out of the City Treasury” be struck out.
agrees that the Expences shd be paid; the only question to him, is, whether the Col. shd meet so often, but as that question has been decided, he has no more to say.—
acquiesced in favour of the Resolution.
wd. agree that Expences be paid out of the Treasury so far as necessary to do City business, but not for private discussion.—
spoke strongly, & at length, in support of the resln..—
Origl. resoln. adopted.
moved a Resln., that the City Assessor be instructed to assess all Property both Real & personal, within the City limits.
Adopted, to go into a Committee of the whole, & took the Chair.
The moved an Amendment, & that it <​be made to​> read, “all property Taxed by the for or purposes, both real & persl within th[e] city Limits, to the full amt contemplated in the Charter.—
Amendment Carried. [p. 36]
wished to know the intentions of the Gentn who pas moved the Amendment, as he cd not see his object.
enquired into the nature of the Resoln & its necessity.
The explained,
wished some explination.—
moved that the latter part of the Amendment be struck out, & afterwds withdrew his Motion.—
moved an Amendt., by making it Read “taxable” instead of the word Taxed.— Amendment Carried.—
Committee rose & reported.—
moved, & it was Secd. & Carried, that the Words “to the full amt. contemplated in the Charter” be struck out
asked if his Property was not enhanced in Value since the Charter was Obtained.—
sd. the Farmers on the outside of the who were satisfied, <​& signed​> that a Charter should be obtd, did not then expect that their Farms, & property thereon, wd be Taxed, therefore did not send in a remonstrance, but if they be Taxed, will take remedy for Redress.—
wished to know whether it was intended that the Farmers shd pay Taxes, & wished to hear, the opinion of more of the Colrs on this Subject.—
said the Charter <​having​> being been obtained, <​more than​> doubled the Value of Property in the .—
again spoke, & wished the Lands in the , which have not been laid out in Lots, to be exempt from [p. 37] from Taxation, <​as also all personal property which is now exempted from Exeon. by the laws of the & to​> & let the Lots & personal Property be Taxed, & moved an Amendment to that Effect.—
The spoke in Support of the Resoln., & that the Assessor has a discretional power in laying Taxes upon Lands not laid out in Lots, according to their Value.—
explained.—
again Spoke, & sd. if Lands are Taxable, the Col. will see Notices stuck up through , that he (the Speaker) has Lots to Sell.—
wished to postpone further proceeds in this bus, until the Col. would be full, & Owners of Land have oppy.. of laying Claims for exemption before this Col..
wishes no delay to the Assessor, but that the bus shd be decided at this time.
, spoke against the Amendment, & in Support of the Origl. Resolution.—
spoke as to <​the​> value of Lands within, & without the .
sd <​that not one out of five of​> the People who Emigrate here have any desire to live out of the , & all sorts of Grain & Sauce will sell for much more now, than <​they did​> a few years ago.
Amendment lost by Vote.
Original question (Or Resolution) as amended, was Carried.
Adjourned to Saturday next at 6 oClock Afternoon.— to meet at same Place.—
Novr. 6th. 1841.— [p. 38]
13 November 1841 • Saturday
Saturday 13th. Novr. 1841.
Council met agreeable to adjournment, Meeting opened by Prayer,— Minutes of last Conference <​Meeting​> Read.
Col. Sworn, & signed his oath of office.
Col. one <​Chairman​> of the Committee to <​whom​> the Recorders Petn’ <​was referred​> brought presented their Report, which was <​accepted, & it was​> adopted that the provide a <​Desk, & suitable Books of Record, & also Stationary, & draw Money from the City Treasury,​> to pay for the same, & the above Property be kept at the Council House.—
Recorders Bond accepted, & it was adopted that it be lodged with the , <​&​> it was handed to the for that purpose.
City Surveyors Petn. <​presented by Colr , was received & accepted, & <​adopted​>​> passed <​that​> his Claim for a Sum of $32[.]00, <​be​> allowed, for Surveying Young Street, Parley St., & other Streets.— Colr. Joseph Smith presented——
An ordce in Relation to appeals, which which was passed Unanimously, after due proceeds. had thereon.—
Colr. Joseph Smith presented——
<​An ordce. fixing the Compensation of the Mayor & Recorder of the <​City of .​>​>
<​Sec 1. Be it ordained by the City Council of the City of , that the Mayor & Recorder, shall receive one Hundred Dollars each for the Current year as a Compensation for their services, this act to take place effect and be in force from and after its passage.—​>
<​Unanimously​>
<​Colr. Joseph Smith presented​>
<​An Ordce. concerning Vagrants & disorderly persons, <​which​> went through the usual Rules, & passed unanimously <​so far as Engrossment for​> .—​>
wished an amendment, by striking out a part of the Ordce., but <​it​> could not be done at that Stage of the proceeds, the Bill having been Engrossed.
It was put to vote, & passed Unanimously.—
moved that the ordinance Resolution passed on the 6th. Inst. relating to the assessment of City property, be reconsidered. & proceeded, & gave his reasons for introducing it.
The gave an expln. of the rights & powers given by the City Charter, & the right of the City Col. to Tax the Citizens. [p. 39]
Colr. J. Smith spoke at Consid[era]ble length on the Subject of the right of Taxn., & the Taxes laid on by the &c..—
The spoke in Expln..— upon which withdrew his Motion.—
moved that all Dogs in the be Assess assessed Five Dollars p Head.
Colr. J. Smith proposed an amendt., that it be 12⅓ Cts each.—
opposed the Bill.
Colr. opposed it also.—
Colr. opposes, & wd Tax more extensive—
opposed, & if Taxn., it must be according to their value, agreeable to the Charter.—
again Spoke, & was willing to pay for his Dog at the Rate & Value of $500,00.— but not <​willing​> that Per Any Person shd be privileged to kill his Dog, or that he shd be Taxed $5,00 to support the Poor.—
The Spoke in explination.—
Colr. J. Smith Spoke at length & does not want Taxation,
Colr. did not wish for Taxn., but if they be Taxed, let be according to Value.—
rose to explain.
Colr. , wd go for killing Sluts.
spoke in opposn. to Taxn, & thinks the Laws already made one Suffiet..—
sd. that to <​ascertain the​> Value <​of​> Dogs wd be uncertain.—
Aldmn. spoke
Amendment lost by Vote.—
Origl. Motion lost.
Adjourned to Saturday next, at 6 oClock at same place—
Novr. 13th. 1841.— [p. 40]
20 November 1841 • Saturday
Saturday 20th. Novr. 1841.—
Council met pursuant to adjournment, Meeting opened by Prayer.— Minutes of last meeting Read.
presented a Bill of Fees from the City Surveyor, but it was not acted upon, as there was not any Name attached to it.
moved an Ordce. concerning Fire Arms, Parties litigant, & Witnesses
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moved for an amendt of the 1st. Section by erasing the Words nor less than five Dollars.—
sd he thought there shd be a provision for People in Self defence .—
thought that it shd be amended to give all persons privilege of Self defence.—
Amendment Carried.—
moved to amend the 1st Section by striking out the Term officers, & insert the Word Man, & spoke in support of the amendment.—
spoke in opposition to the Bill as it stood,
withdrew the amendment, & moved an amendt. in the Words “or any other Person in the lawful defence of his [p. 41] his Person or Property.[”]
spoke at length in opposn. to the Bill.— & wished every Person to have equal Rights.—
The spoke in support of the Bill, & made a Comparison between it & the lik an Ord[inan]ce to the same effect, in , & other Cities, & spoke to some length.— & said it might be amended by inserting the Words, “idly, or for sport or amusement”
, spoke in explination.—
moved, & it was seconded & Carried, that the words “idly or for sport or amusement”, be inserted in the Bill.—
wished the Bill read for the benefit of the Col. who came in late.—
said as they <​some of the Col.​> came in after the appointed time, they must abide the disadvantages.—
The spoke in explination of all the <​the 2nd & 3rd.​> Sections in the Bill.—
<​said that the Bill be Engrossed as it s​> could not vote for the <​2nd Clause in the​> Bill as it now stands in as much as there is no limitation as to time.— & he dont Co <​know​> to what extent <​in Amount​> it might go extend.
spoke, & wished an amendt, that each Person <​be fined not exceeding Ten Dollars, & strike out the time.—​>
said the Court for <​can​> Fine sufficiently for Contempt of Ct, & that this Clause is not necessary—
said he wished the Fine to be assessed as it now stands, & wd encrease the Sum, that it shall not exceed Ten Dollars an Hour.—
said he did not Conceive this <​Clause of the​> Ordce necessary.— [p. 42]
moved an Amendt that the Clause be amended by making the Fine a Dollar for every Hour while the Trial Continues.— objected, in as much as the Trial cd. be adjourned, & might continue for Ten Days.—
Bill referred to a Select Committee, to Report at next meeting.— <​Committee​> , & .—
moved that <​it be the duty of​> the Recorder to keep a detached file of all <​City Ordinances for the benefit of the City Council.—​>
spoke in opposn..—
wished the Resoln. to pass.—
The obtd. liberty to speak, & explained the manner in which he <​inteded to keep the City Records:​>
Colr. gave his Views, & considers an Index sufficient, withdrew his Motion.—
The explained the Duties of the Mayor & Aldermen & in Criminal & Civil Cases, as well as in their different Capacities of Justices, & Judges.—
Adjourned to 6 oC. on Saturday 27th. Novr. at same Place.—
Novr. 20th. 1841.—
27 November 1841 • Saturday
Saturday 27th. Novr. 1841
City Col. met pursuant to adjournment
Meeting opened by Prayer— Minutes of last meeting Read.
Colr. presented a Petn. <​or Certificate​> from the City Surveyor for a Sum of $6,50 for Surveyors Fees, which was allowed, for Surveying the first Street South of Lumber Street.—
Colr. presented the Report of the Committee Upon An ordce concerning fire Arms, Parties Litigant, & Witnesses, Viz
<​Sec 1st— Be it ordained by the City Col of the City of that if any Person will fire or Shoot a Gun Pistol, or other Fire Arms, (Idly or for sport or amusement,) in the Night or on Sunday, the Person so doing shall forfeit & pay a fine not exceeding fifty Dollars, Provided that nothing herein Contained shall be Construed to effect any officer of this , for firing or shooting as aforesaid while in the Execution of his duty. Sec 2nd. that if any Person shall prosecute another before the authorities of this City (in a Criminal case)​> [p. 43] <​case) & fail to procure a Conviction said Person shall be taxed with the Costs of Suit if said authorities shall consider it a malic[io]us prosecution, if not, the shall be liable for the Costs thereof. The 3rd. Sec respecting Witnesses we deem unneces[sary] as we consider the Law already on that Subject, Sufficient.— This Report recd, & the tw[o] Sections of the ordinance passed unanimously.—​>
Colr Joseph Smith presented An ordinance in Relation to Pedlers Hawkers [5 lines blank] which was Seconded, Rules dispensed with, read a 3rd. time, & passed unanimously.—
Moved Seconded & Carried Unanimously that the be authorized by the City Council to procure Seats for the use of sd Council
The informed the Aldermen last appointed, that they are to act in, & Represent, the Respective Wards wherein they reside. <​Resolved Unanimously that a majority of the entire City Col. be considered requisite, & deemed sufficient <​necessary​>, to transact business in Counci[l] from time to time hereafter.—​>
Adjd until after the Meeting of the Regency of the University this Evening.—
Col. met again accordingly, when it was unanimously adopted that the Authorities of this be authorized to use a discretionary power in sending to a distance, for Persons, at the expence of the , in order to ferret out the perpetrators of Crime, or any secret Combination against the Peace of Society.
Adjd. to 6 oC. next Satd.y. Ev.g., at same place.—
4 December 1841 • Saturday
Decr. 4th. Saturday Ev.g. 6 oC. P. M.—
City Col. met pursuant to Adjournment. Meeting opened by by Prayer.— Minutes of last Meeting Read.—
A Petn. for the Removal of the , <​was presented, &​> accepted, containing a charge of a palpable omission of Duty.—
moved that the be removed from office.
spoke said he wished the should have opp.y. of defending himself.
Colr. [p. 44]
Colr. spoke to same effect.— The was sent for. sent for.—
moved, that the order for the <​time of​> meeting of the City Col, be rescinded, which was adopted.—
moved that the City Col. do meet <​in future​> upon the first, & third Saturdays in Every Month, which was Seconded & adopted unanimously.
There was a recess given to the City Council <​of half an Hour, or​> until the & should appear.
Council called to order, upon the appearance of the ,
moved, that <​the​> Petn. be read in the hearing of the , which was Seconded, & <​Petn. was​> Read accordingly.—
<​sworn &​> examined.— Saw the <​& gave him a Warrant​>, & the & he agreed to postpone service of the State Warrant until next Morning (Sunday).— he stated that The gave the Wt. <​back to him, & he then gave it to​> to Constable , afterwards.
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excd by the .— said the offered to go that Ev.g. & execute it, & afterwards brought it, & gave it back to Witness, & alledged he had a <​particular​> reason for it, & had been advise but did not assign his reason, or explain it.
Aldmn. Sworn.— Said he had a knowledge of Obtg a Wt.
That told him he had given the Warrant to the <​​> And [p. 45] & told <​that​> the had told him, he wished to Return the Wt for some particular Reasons, which said, the did not tell him.—
Sworn— all he knows is what the told him.— that <​the said​> he sd. he was Sorry he did not come down on Saturday Night.— & said he did Come.— Said the told him the Reason he did not arrest <​David​> Smith, was, that Brother Joseph had bid him not do so.—
Colr. Joseph Smith, & Sworn.— Joseph Smith, said, the s wife was Sick, & he told the he thought he shd. take care of his wife, & that he thought he might with safety give the warrant to another Constable.— & the Witness thought the accused had a hatred agst. the , & that another Constable wd. be a more proper Person to take him
said; gave the the Wt in his presence,— & told the he thought it was better it wd be executed that Night, he said the <​then​> told he would serve it that Ev.g. if he wished, or required him, <​& that he was on Hand,​> or Words to that, or the like effect.—
Colr Joseph Smith stated his opinion is, & his impression was that the was not, nor is not, to blame in this Transaction, from the threats that had been made, & believes the was not wilfully guilty, & that the is not a Stout robust [p. 46] <​Robust Man, & he wd be in danger to attack the accused alone, as he is a Stout able Man.​>
said the Case came up in a different light in the Council, to what it had been represented to him, & does not Consider that the is at all blameable, <​for if​> he had arrested Smith whom he
said, the had met the accused in the Street, & had the Wt. at the time, he cd. have got some Person to assist him, even his Brother, <​​> who told him that he thought it shd be executed that Night, & he had a right to call upon the Citizens to assist him & he concluded <​his observations​> by wishing it to remain over to <​Colrs​> & <​s return,​>
Aldmn. — thinks had a wrong impression of the Matter, when he first heard the Story, & and & that he remains under that impression, & explained the Understand.g. had, respecting it.—
having moved heretofore, that the Trial be postponed.— The explained the manner in which the proceedgs. now stand, & that it cd not be postponed, in as much as the Counsellors absent would be deprived of the benefit of the Testimony already given, &c,.
spoke in Explination of the Evidence given, which he said was in favour of the , & if he had arrested him when he saw him he wd have been more to blame than he now could be, especially if Smith had not the Coat on, & also it wd have been Contrary to the Arrangement made with .—
Colr. said, he did not consider the had Acted with wisdom, & spoke to considerable length upon the Case, giving his views upon both sides of the question, [4 lines blank] & concluded by saying, the had neglected his Duty. & committed a fault, through Error of Judgment, & [p. 47] & being biassed, from what has been stated before this Col..— but <​that as​> it had not been proved that the <​​> connived at the escape of the accused, He therefore wd not vote for his Removal.—
&
Colr. Joseph Smith— said he thought there might be some Censure thrown upon him <​Colr. Smith​>.— & if the erred in Judgment, so did the Speaker, & <​said​> if the <​​> had attempted to arrest the <​accused​>, he might have lost his Life.— & spoke to Considerable length.—
again said he considered the was guilty of a palpable Omission of Duty, but not accessary to any Crime, or Criminality.—
, said there was not any charge against the upon which he should be degraged by the decision of this Council, & spoke at length, & wished for an honorable acquittal of the from the present charge.—
, stated his views of the Case, & considered the guilty of neglect of Duty, & highly Culpable, & spoke to some extent, & thought he should be removed.—
, again spoke, in Support of what he had already said, in support of the Petn.. —
, said he considered the had made an omission of Duty, but wd not vote for a Removal. [p. 48]
again spoke, & does not consider that the erred in Judgt., & he will not Vote for the Removal of the .
[V]ote taken by Ayes <​for,​> & Noes. agst. Removal.
Ayes—) . Noes continued
)
4 ) )
) 10 )
Noes.— )
Joseph Smith
Mayr
The Council then sat with Closed Doors for some time, & Adjourned until this day two Weeks, at the usual time & place.—
18 December 1841 • Saturday
Saturday 18th. Decr. 1841.—
City Col. met purst. to adjournment.— Meet.g. opd by Prayer.— Minutes of last meeting Read.—
The presented an address Respecting Editor of the Weekly Herald.
Colr. J. Smith presented <​Two​> Resolns. relative to the foregoing address, which passed unanimously, by Yeas & Noes.—
— See said Resolutions on next Page. ☞
presented a Petn from & others to have a Street opened, which was Referred to a Committee of Colr. J. Smith, , & .— [p. [49]]
Colr J. Smith stated Circumstances respecting Mobocracy, which he had heard from <​a Person who had lately come from​> , & wished a Law made, that Persons, <​Notifying​> notifying any Persons <​to leave​> from their peaceable Homes, cd be dealt with rigorously.—
The addressed the Council, <​& related​> upon a Circumstance that <​which​> he stated to have had been, told to <​some Person​> respecting him, (the [)] & which Statement he declared to be false, & unfounded.—
Colr. addressed the relative to Seats for the City Council.—
Upon Motion of Colr. J. Smith, it was resolved that the first St South of the (Mulholland Street) be carried out to the extent of the .—
Adjourned until the first Saturday in Jany. next, to meet at the same Hour & place.—
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☞ Resolved by the City Col. of the City of , that the high minded & honorable Editor of the Weekly Herald— , Esq. is deserving of the lasting gratitude of this Community for his very liberal & unprejudiced Course towards us as a People in giving us a fair hearing in his Paper,— thus enabling us to reach the ears of a portion of the Community who, otherwise, would ever have remained ignorant of our Principles & Practises.
Resolved, that we recommend to our fellow Citizens to subscribe for the “ Weekly Herald,” & thus be found patronizing true Merit, Industry, & enterprise”
Yeas. Joseph Smith, , , , , , , , , , (Colrs.) , , , , , , (Aldmn.,) , (Mayor) 19. Nays — none.— [p. [50]]
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