Minutes, 1 March 1841, Copy

  • Source Note
  • Historical Introduction

Document Transcript

Monday March 1st. 1841.
City Council met pursuant to adjournment.— Meeting opened by Prayer.— Minutes of last Meeting read.
Colr. [Councilor] J. Smith moved an ordinance respecting roads & Town Plots, which went through the usual readings (the rules being dispensed with) and passed as follows.
An ordinance <​in relation​> to Roads and Town Plots.
Sec. 1. Be it ordained by the City Council of the City of , That all state and County roads within the limits of this , excepting where they occupy the same ground as the City streets; and the original surveys and plots of the old Town of and ; be, and the same hereby are, vacated.
Sec. 2. This Ordinance to take effect, and be in force, from and after its passage.— passed March 1st. 1841.—
, Mayor.
Recorder.
Colr. J. Smith moved an Ordinance respecting the surveying of any addition to the City Plot, which went through the usual readings (the Rules being dispensed with) and passed as follows.— An Ordinance in relation to the City Plot.
Sec. 1. Be it ordained by the City Council of the City of , That no tract of Land that within the Limits of this , shall hereafter by surveyed, plotted and laid out into city Lots, unless, the same be surveyed, and plotted, so as to correspond with the Original survey and plot, of the City of .— and any survey or plot, made in violation of this ordinance shall be null & void.
Sec. 2. This ordinance to take effect, and be in force from and after its passage.
Passed March 1st. 1841.
, Mayor.
Recorder. [p. 11]
Colr. J. Smith moved an Ordinance, to divide the into 4 Wards, and appoint the Aldermen and Colrs. to their Respective Wards, the Bill received 3 readings and passed. Entitled— An ordinance dividing the into Wards
See This Ordinance, on Page 9.
Colr. J. Smith brought forward an ordinance relative to public Meetings which was read 3 times and Passed, to Wit:
An Ordinance in Relation to public Meetings.
Sec. 1. Be it Ordained by the City Council of the City of , That in order to guarantee the Constitutional right of free discussion upon all subject, the Citizens of this , may from time to time, peaceably assemble themselves together for all peaceable, or lawful purposes whatever; and should any person be guilty of disturbing, or interrupting, any such Meeting or assemblage, he shall on Conviction thereof before the Mayor, or Municipal Court be considered a disturber of the public peace, and fined in any sum not exceeding five hundred Dollars, or imprisoned not exceeding six Months or both, at the discretion of said Mayor, or Court.
Sec. 2. Should any person be guilty of exciting the people to riot, or rebellion or of participating in a mob or any <​other​> unlawful riotous or tumultuous assemblage of the people, or of refusing to obey any civil officer executing the ordinances of the , or the general Laws of the or , or of neglecting or refusing to obey, promptly, any military order for the due execution of said, Laws or ordinances, he shall on Conviction thereof as aforesaid, be fined, or imprisoned; or both as aforesaid.
Sec. 3. This ordinance to take effect and be in force from and after its Passage.
Passed March 1st. 1841.
, Mayor.
, Recorder.
Colr. [p. 12]
Colr. J. Smith moved an ordinance in relation to religious Societies, read first time, rules dispensed with, read second and third times, and passed, as follows:
An Ordinance in relation to religious Societies.
Sec. 1. Be it ordained by the City Council of the City of , That the Catholics, Presbyterians, Methodists, Baptists, Latter-Day-Saints, Quakers, Episcopalians Universalits Unitarians, Mahommedans, and all other religious sects and denominations whatever, shall have free toleration and equal Privilieges in this , and should any person be guilty of ridiculing abusing, or otherwise depreciating another in consequence of his religion or of disturbing, or interrupting any religious meeting, within the Limits of this , he shall on conviction thereof, before the Mayor or Municipal Court be considered a disturber of the public peace, and fined in any Sum not exceeding five hundred Dollars, or imprisoned not exceeding six months, or both at the discretion of said Mayor, or Court.
Sec. 2. It is hereby made the duty of all municipal officers to notice, and report to the Mayor any breach or violation of this or any other ordinance of this that may come within their Knowledge, or of which they may be advised; and any officer aforesaid is hereby fully authorized to arrest all such violators of rule, law, and order, either with or .
Sec. 3. This ordinance to take effect, and be in force from and after its Passage.
Passed March 1st. 1841.
, Mayor.
Recorder.
Colr. J. Smith moved and it was seconded and carried, that ’s petition and map, (which was laid on the Table.) be taken up. It was then adopted that the Petr. be at liberty to withdraw his Petition, which was complied with, and the petition and Map were handed to .
Colr. J. Smith presented an ordinance relative to additional City [p. 13] City offices which was read three times, and passed, to Wit:
An Ordinance Creating certain additional City Offices therein named.
Sec. 1. Be it ordained by the City Council of the City of , That in addition to the City officers heretofore elected, there shall be elected by the city council, one High Constable, for each ward, one surveyor and Engineer, one Market Master, one Weigher and Sealer and one Collector for the , whose duties shall hereafter be defined by Ordinance.
Sec. 2. This ordinance to take effect, and be in force from and after its Passage.
Passed March 1st. 1841.—
, Mayor.
Recorder.
The following appointments were made (by the City Council,) of High Constables for the .
1st. Ward 3rd. Ward
2nd. " 4th. "
was Sworn into office.
Colr. J. Smith moved, that the office of Supervisor of Streets be declared vacant in consequence of the Supervisor being necessarily absent from the , which was carried unanimously.
was appointed Supervisor of Streets. The City was then appointed to act as Supervisor of Streets in the absence of that officer, and was sworn in.
Colr. J. Smith offered the following Resolution, which was seconded and Carried.— Resolved. That the give notice to the person having encumbrance on the Street at ’s House, and oblige him to have same removed within ten days.
Upon Motion of , it was resolved, that all nuisances on the Street which runs along the be removed by the Supervisor.
Colr. [p. 14]
Colr. J. Smith moved that the Council appoint some person to attend the County Commissioner’s Court to procure an appropriation for Roads in this Section of Country. and it was resolved unanimously that be appointed for that purpose, and that he perform that duty.
A vote of thanks was tendered to, and the freedom of the City of conferred upon, the Hon. Senator, for , by the City Council, unanimously.
Adjourned until 1 oclock P. M. on Monday next March 8th. to meet at the same place
March 1st. 1841.
, Mayor.
, Recorder [p. 15]

Footnotes

  1. 1

    The city council met previously on 22 February 1841. Among the matters discussed at that meeting were the city plat, an ordinance on the city university, an ordinance on temperance and the selling of liquor in the city, an ordinance dividing the city into four wards, and a resolution on adjusting a county road. The 1 March meeting was scheduled during the 22 February meeting. (Nauvoo City Council Minute Book, 22 Feb. 1841, 8–11.)  

  2. 2

    For more information on town plats and surveys, see Historical Introduction to Report of Committee, 5 Feb. 1841.  

  3. 3

    The Nauvoo plat was surveyed by Hancock County surveyor James W. Brattle and attested by him on 30 August 1839. The plat was drawn in the Hancock County plat book by John C. Mather on 3 September 1839. (Hancock Co., IL, Plat Books, 1836–1938, vol. 1, pp. 10–11, 37–39, microfilm 954,774, U.S. and Canada Record Collection, FHL.)  

    U.S. and Canada Record Collection. FHL.

  4. 4

    The ordinance to divide the city into four wards was introduced at the prior city council meeting. The formal passage of the ordinance occurred at this 1 March 1841 meeting. (Nauvoo City Council Minute Book, 22 Feb. 1841, 9–10.)  

  5. 5

    A cross-reference to the ordinance’s text as entered by the scribe, James Sloan, in the official city council proceedings for 22 February 1841. (See Nauvoo City Council Minute Book, 22 Feb. 1841, 9.)  

  6. 6

    Illinois state law protected the incorporation rights of all religious societies and denominations but did not extend the same legal protection of freedom of religious exercise as is found in this ordinance. In reference to incorporation privileges, an 1835 Illinois law stated that “all religious societies, of every denomination, should receive equal protection and encouragement from the legislature.” (An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], p. 147.)  

    Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.

  7. 7

    In an 1839 letter, JS referenced Muslims to argue that all religious sects equally deserved the freedom of religion guaranteed by the United States Constitution. In describing the persecution against Latter-day Saints for their religious beliefs, JS wrote, “Now if they had been Mahomedans, Hottentots, or Pagans; or in fine sir, if their religion was as false as hell, what right would men have to drive them from their homes, and their country, or to exterminate them, so long as their religion did not interfere with the civil rights of men, according to the laws of our country? None at all.” (Letter to Isaac Galland, 22 Mar. 1839.)  

  8. 8

    Detaining someone “without process” would have been outside of the city council’s legal authority. Such detentions were contrary to the Fifth Amendment to the United States Constitution and Article VIII of the 1818 Illinois Constitution. According to the Nauvoo charter, section 11: “The City Council shall have power and authority to make, ordain, establish, and execute, all such ordinances, not repugnant to the Constitution of the United States, or of this State.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)  

  9. 9

    The petition, originally written on 12 February 1841 by thirty-two residents of the Kimball addition to the city of Nauvoo, was introduced at the 22 February 1841 meeting of the Nauvoo City Council. The petition requested that Kimball’s addition, a substantial tract of land immediately east of the city, “be surveyed According to the city plat.” In essence, the thirty-two petitioners wanted to see the Kimball addition laid out, surveyed, and included in the official Nauvoo city plat. (See Charles C. Rich et al., Petition, Nauvoo, IL, to the Mayor, Aldermen, and City Council of Nauvoo, 12 Feb. 1841, Nauvoo, IL, Records, CHL; and Nauvoo City Council Minute Book, 22 Feb. 1841, 8; see also Hancock Co., IL, Plat Books, 1836–1938, vol. 1, pp. 10–11, 26–27, 37–39, microfilm 954,774, U.S. and Canada Record Collection, FHL.)  

    U.S. and Canada Record Collection. FHL.

  10. 10

    Cowles was appointed to this position on 3 February 1841 and was sworn into office on 8 February. Cowles apparently left the city thereafter but had returned to Nauvoo by 30 March, when William Marks chose and ordained him as a counselor in the Nauvoo stake presidency. (See Minutes, 3 Feb. 1841; Nauvoo City Council Minute Book, 8 Feb. 1841, 7; and Nauvoo High Council Minutes, 30 Mar. 1841.)  

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

  11. 11

    For more information on this office, see Minutes, 3 Feb. 1841.  

  12. 12

    Henry G. Sherwood served as Nauvoo city marshal and, according to these minutes, temporarily served as supervisor of streets. James Allred was sworn in as supervisor of streets at the next city council meeting. (Minutes, 3 Feb. 1841; Nauvoo City Council Minute Book, 8 Mar. 1841, 15.)  

  13. 13

    John C. Annis, the owner of a sawmill in the southwest part of the city, was apparently stacking logs in the street, thereby blocking traffic to Sidney Rigdon’s home on the north side of Parley Street. (See Nauvoo City Council Minute Book, 8 Mar. 1841, 15; see also Historian’s Office, JS History, Draft Notes, 15 Mar. 1841.)  

  14. 14

    Conferring the honor of “freedom of the city” was a symbolic gesture of trust and friendship granted to distinguished visitors of a city—similar to the bestowal of a key to the city—that encouraged a guest to feel free to come and go about the city. (See, for example, “The Approach of Congress,” New York Herald, 1 Dec. 1840, [2]; “For the National Intelligencer,” Daily National Intelligencer [Washington DC], 9 Dec. 1840, [3]; and “Original Anecdote of Decatur,” Pensacola [FL] Gazette, 23 Jan. 1841, [2].)  

    New York Herald. New York City. 1835–1924.

    Daily National Intelligencer. Washington DC. 1800–1869.

    Pensacola Gazette. Pensacola, FL. 1830–1861.

  15. 15

    Richard M. Young, a Democratic senator from Illinois, rendered much assistance to the Saints and their cause to gain redress of grievances from the federal government. On 28 January 1840, Young presented to Congress the Saints’ memorial that laid out their grievances against the state of Missouri. Young argued in support of the memorial and provided additional documents so that the Senate would seriously consider the Saints’ plight. Afterward, Young continued to support the Saints by sending them public documents and information from Washington DC. This was not the first time Young received public thanks from the Latter-day Saints. In a 15 January 1841 proclamation, JS mentioned Young in a list of individuals “who will long be remembered by a grateful community for their philanthropy to a suffering people, and whose kindness on that occasion is indelibly engraven on the tablet of our hearts.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Journal of the Senate of the United States, 26th Cong., 1st Sess., 28 Jan. 1840, 138; 17 Feb. 1840, 179; Notice, Times and Seasons, 15 Apr. 1841, 2:380; Proclamation, 15 Jan. 1841.)  

    Journal of the Senate of the United States of America, Being the First Session of the Twenty-Sixth Congress, Begun and Held at the City of Washington, December 2, 1839, and in the Sixty-Fourth Year of the Independence of the Said United States. Washington DC: Blair and Rives, 1839.

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