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.

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.)

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.)

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.