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Council of Fifty, Minutes, March 1844–January 1846; Volume 2, 1 March–6 May 1845

1 March 1845 • Saturday, continued Page 1 4 March 1845 • Tuesday Page 32 11 March 1845 • Tuesday Page 77 18 March 1845 • Tuesday Page 131 22 March 1845 • Saturday Page 181 25 March 1845 • Tuesday Page 231 5 April 1845 • Saturday Page 266 11 April 1845 • Friday Page 267 15 April 1845 • Tuesday Page 327 22 April 1845 • Tuesday Page 349 29 April 1845 • Tuesday Page 355 6 May 1845 • Tuesday Page 361

Source Note

Historical Introduction

Page [327]

15 April 1845 • Tuesday
Editorial Note
On 15 April 1845 the council convened around 1:00 p.m. in the upper room of the for an afternoon session. Following the addition of to the council, called for the report of the committee that had been appointed to “assist in ra[i]sing means for the Western mission.” reported that the committee would be able to procure the needed supplies in time for the missionaries’ intended departure two days later.
The council then discussed how to respond to legal threats against church leaders. Three days earlier, marshal Peter Van Bergen arrived in “with a writ or summons” for more than a dozen Latter-day Saints, including , relating to allegations of unpaid debts incurred many years earlier when they lived in , Ohio. Van Bergen spent two days searching Nauvoo for individuals named in the writ, but Young and others remained in hiding. Either the night of 13 April or the next morning, Young and the other men “suffered the officer to serve the writs on them, not fearing any trouble.” They may have been acting on the advice of friendly non-Mormon , who had sent an impassioned letter to church leaders on the evening of 13 April, decrying opposition to the officer and warning that “any resistance to the laws will turn public opinion against you & in favor of those who stand ready to cut your throats, & destroy you.” The Mormons’ decision to allow Van Bergen to serve the writs may also have resulted from a belief that the writs had no force because the debt had earlier been satisfied and because the statute of limitations had run. Federal law established the statute of limitations “for any penalty or forfeiture, pecuniary or otherwise” at five years. Regardless, the event raised fears that the church’s enemies could use the law to expose Young and other church leaders to mob violence, as had happened the year before with JS and . The Nauvoo Neighbor warned, “Writs to coop men up in jail, and then shoot them, whether they came from Uncle Sam, or his disgraced son, , and whether for debt or crime; should be looked upon by the people of Nauvoo, as a stratagem similar to Virgil’s wooden horse, at the siege of Troy.” At the 15 April meeting, the council debated ’s suggestion that a committee be appointed “to examine all writs which may come into Nauvoo to be served on the brethren.” ended the debate—during which several council members expressed opposition to the proposal—by nominating “‘ignorance’ to be that committee,” a suggestion that carried unanimously.
The council then read a letter from governor , dated 8 April 1845, that and other apostles had discussed two days earlier in a meeting of their quorum. Ford’s letter responded to a 31 March letter from Young seeking advice regarding the Latter-day Saints’ plans to divide into multiple precincts and towns, the status of the Nauvoo Legion, and “‘the Great We[s]tern Measure’ or the Emegration of the Saints to some point remote from the States.” This final topic connected this letter to the council’s broader letter-writing campaign to state governors. In his response Ford endorsed the Saints’ plans to organize Nauvoo into several towns under the state’s general corporation statute until a new charter could be obtained that explicitly recognized their right to defend themselves if attacked. Ford not only expressed strong support for the Saints’ planned move west, he goaded them: had JS lived, he would have “begun to move in the matter before this time.” The minutes record little discussion related to Ford’s letter, though the council established a committee to examine the status of the Nauvoo Legion. The lack of discussion suggests that the apostles had already addressed the key issues raised by Ford’s letter in their earlier meeting.
During the remainder of the meeting, the council considered a variety of topics, including a letter regarding the repeal of the charter from congressman and the future location of the . While the council had discussed the status of the Association extensively in March and early April 1845, the council decided at this meeting that future matters regarding the Nauvoo House “be left to the council and direction of the Twelve.” After the meeting adjourned briefly reconvened the council to announce that wanted to accompany on his mission to the Delaware, Tindall’s adopted tribe, to which the council granted their assent.
Tuesday April 15th. 1845 Council met pursuant to adjournment, in the upper room of the and organized with Prest. in the chair:—
Present , , , , , , , , , , , , , , , , , , , , , [,] , , , , , , , , , , , , , , , , , [,] , , , and clerk.—— [p. [327]]
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Related Case Documents
Editorial Title
Council of Fifty, Minutes, March 1844–January 1846; Volume 2, 1 March–6 May 1845
ID #
11602
Total Pages
385
Print Volume Location
Handwriting on This Page
  • William Clayton

Footnotes

  1. [462]

    At its previous meeting the council agreed to reconvene at 1:00 p.m. According to Willard Richards, the meeting began fifteen minutes earlier. (Richards, Journal, 15 Apr. 1845.)

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

  2. [463]

    Clayton, Journal, 12 Apr. 1845; “U.S. Marshals for Illinois,” Illinois Free Trader and LaSalle County Commercial Advertiser (Ottawa), 2 July 1841, [2]. The writ was likely related to promissory notes dated 1 September 1837 that had been executed as part of an attempt to restructure debts that church leaders, including JS, owed to New York merchants. At least a dozen such notes, totaling over $12,000, had been issued, some of which had been signed as security by dozens of elders of the church, including Young. (“Demands in Hands of Perkins & Osborn,” ca. 29 Oct. 1838, JS Office Papers, CHL; JS et al. to Holbrook & Ferme, Promissory Note, 1 Sept. 1837, Ohio Historical Society Archives/Library, Columbus; JS et al. to Holbrook & Ferme, Promissory Note, 1 Sept. 1837, BYU; JS et al. to Halsted, Haines & Co., Promissory Note, 1 Sept. 1837, private possession; High Priests Quorum Record, 13 Apr. 1845; for more information on the legal actions related to this debt, see the discussion on Halsted, Haines & Co. v. Granger et al. in the Legal, Business, and Financial Records series on the Joseph Smith Papers website.)

    Clayton, William. Journals, 1842–1845. CHL.

    Illinois Free Trader and LaSalle County Commercial Advertiser. Ottawa. 1840–1843.

    Smith, Joseph, et al. Promissory Note to Holbrook & Firme, 1 Sept. 1837. Joseph Smith Papers, 1837– 1838. Ohio Historical Society Archives/Library, Columbus.

    Smith, Joseph, et al. Promissory Note to Holbrook & Firme, 1 Sept. 1837. BYU.

    Smith, Joseph, et al. Promissory Note to Halsted, Haines & Co., 1 Sept. 1837. Private possession. Copy in editors’ possession.

    High Priests Quorum Record, 1841–1845. CHL.

  3. [464]

    Clayton, Journal, 13–14 Apr. 1845; “Items from Nauvoo,” Warsaw (IL) Signal, 23 Apr. 1845, [2].

    Clayton, William. Journals, 1842–1845. CHL.

    Warsaw Signal. Warsaw, IL. 1841–1853.

  4. [465]

    Jacob B. Backenstos, Carthage, IL, to [Brigham Young et al.], 13 Apr. 1845, Brigham Young Office Files, CHL.

    Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

  5. [466]

    “The Late Writs,” Nauvoo Neighbor, 23 Apr. 1845, [2]; An Act in Amendment of the Acts respecting the Judicial System of the United States [28 Feb. 1839], Public Statutes at Large, 25th Cong., 3rd Sess., chap. 36, p. 322, sec. 4.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

  6. [467]

    “The Old Tune,” Nauvoo Neighbor, 16 Apr. 1845, [3], italics in original.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  7. [468]

    Richards, Journal, 13 Apr. 1845.

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

  8. [469]

    See Council of Fifty, “Record,” 4 and 11 Mar. 1845.

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