Mormon History
Repealing the Nauvoo Charters - 1844
Sangamo Journal – December 26, 1844
MORMON CHARTERS. -- The bill to repeal the charter of the city of Nauvoo and of the Nauvoo Legion, passed the Senate on Thursday of last week. The debates on this subject, will be found extremely interesting. A large majority of the Senate were in favor of their repeal. It is supposed the bill will pass the House.
Repeal of the Mormon charters --
Mr. Dougherty, from the judiciary committee, reported back to the Senate the
bill to repeal the charter of the city of Nauvoo, with amendments. (The Legion,
and make provision for the appointment of a Receiver, to make the sale of the
property of the city of Nauvoo, to pay city debts.) The amendments were agreed
to.
Mr. Killpatrick moved an amendment, which would have the effect of modifying,
and not repealing, the charter of the city of Nauvoo.
Mr. Doughtery was opposed to a modification of the charter. There was, he said,
nothing in the charter of Nauvoo which would enable a law loving and a law
abiding community to pass such ordinances as had been passed under it. So long
as that people had the color of law to justify them, they would go on as they
had done. To put a stop to the evils which the people of the State had all
witnessed, it was necessary that the Nauvoo charter should be wholly repealed.
Nothing less would satisfy the people; nothing less would effect the object
desired. Mr. D. then read the report of the committee, which accompanied the
bill. The report referred to several ordinances enacted under the charter, which
outraged all law, and concluded with stating, that in the event of a repeal of
the charter, the people of the city could organize a town government under the
general incorporation which had been so grossly abused, taken from the people of
Nauvoo.
Mr. Killpatrick stated, that at the last session of the Legislature, he
introduced a bill containing similar provisions with those he had just offered
as an amendment. He said that rights had accrued under the charter, which it
would be unjust to interfere with. He had heard of no petition, for the repeal
of this charter from any quarter; and we had the highest evidence that the
citizens of Nauvoo were a quiet, peaceable and honest people. Indeed, we had
seen a large body of the militia of the State, with the Governor at their head,
take the field, to protect them in their rights and privileges. These facts had
been stated in the Proclamation of the Governor of this State -- and more
especially in his address, designed for the particular benefit of the people of
Warsaw, -- who, he denounced for their unhallowed disposition towards the
Mormons. Mr. K. then defended his amendment, which was designated to repeal the
power to issue writs of habeas corpus, to disband the Nauvoo Legion, and prevent
the passage of objectionable and illegal ordinances. His object was to give the
same power only to Nauvoo that was possessed by the people of other cities. He
had no respect for the high spiritual claims of the people of Nauvoo, -- he
abhorred those pretensions -- but he deprecated the wanton disposition to repeal
charters -- a doctrine and a practice which had greatly injured the character of
the State. We had given the people of Nauvoo a city charter; it had existed for
four years, and vested rights had accrued under it; and had we the right or the
power to repeal it? Suppose that under the late Canal law, the bond holders had
advanced the money called form and they had gone to work under the law, and from
whim or caprice we should repeal the law? The people of Nauvoo have now vested
rights under their charter -- just as much as the bond holders would have had
under the state of things supposed. -- This practice of repealing charters is
all wrong, and cannot add to the character of the State for honest and just
legislation.
Mr. Davis at the last session was opposed to the repeal of the charter. He was
now in favor of its repeal, on the ground that its provisions had been abused.
All writers on the subject had agreed, the public corporations were those of
boroughs, towns and cities, and that the power which originated their charters,
had a right to repeal them. The gentleman from Scott had referred to the canal
charter as a case parallel with that now under consideration. But there were no
pledges made by the State to the people of Nauvoo; no contract made with them --
and there were no vested rights under the charter. The committee had recommended
a repeal on the grounds that the powers conferred had been grossly abused.
The charter itself, if given to any other people, could not be objected to. A
modification would not remedy the evil. Give the Mormons power to pass any
ordinance, and they will have all the power they want. They would under this
power set up, as they had done, an independent government in this State, in
defiance, not only of our laws, but those of the United States. We had been told
that no petition had been presented for this repeal from Hancock county. The
gentleman does not say that the public sentiment of the State is not in favor of
the measure. But the reason that petitions [had been] presented for this repeal
from Hancock county, was the known fact that the Mormons could out-petition the
old settlers of that county. Why were the militia called out -- why in time of
profound peace were the citizens of this State called from their occupations, to
march in war-array into Hancock county. Just because their charter had enabled
the people of Nauvoo to violate all law, all good government, all those
principles which had been held sacred in free governments. Here Mr. D. read an
address by the Governor, in which he denounced sundry acts under this charter,
referring to the act declaring the public press a nuisance -- calling out the
Nauvoo Legion to destroy the press, &c. -- as conduct not to be tolerated. This
outrage was done under the ordinary power given to cities to remove nuisances.
He also referred to the fact, that Joe Smith had been arrested under the laws of
the State, and had discharged himself by a decision of a court made up of his
creatures, and of which he was the head. There was an ordinance enacted under
this charter, which forbade the execution of a writ in Nauvoo unless it was
endorsed and permission given to serve it by Joe Smith, with the penalty to the
officer of some hundred dollars fine and six months imprisonment. There was
another ordinance, which forbade an arrest of Joe Smith, under the penalty of
imprisonment of life of the officer, and no pardon to be granted by the Governor
except with the permission of Joe Smith. Mr. D. referred to several other
ordinances passed by the mormons under this charter equally in contempt and
defiance of the laws and constitution of the State; and declared there was no
other remedy for the evil than a total repeal. He said the old citizens of
Hancock were longer unwilling to have their property stolen -- carried to Nauvoo
-- and for having the hardihood to claim their own property, be whipped, and
abused, and fined. The outrages of the people to commit excesses. These
outrages, too, have led to the military farces in Hancock county -- to an
expense to be paid by the people of this State of some 20,000 dollars -- to a
great expenditure of corn and oats -- and some fast running, for which no
adequate compensation could be made. These farces may amuse the people of other
portions of the State, but the people of Hancock wished them ended. He repeated,
that the main cause of all their difficulties was the charter. Let that be done
away, and peace and quiet will be likely to be restored.
Mr. Killpatrick then offered an amendment to his amendment, the object of which,
was to prevent the city authorities from passing laws in violation of the laws
of this State, and of the United States.
Mr. Cavarly said this debate had suddenly sprung up, unexpectedly to him. He had
not intended, a question of greater magnitude than would again come before the
Senate the present session. It was calculated greatly to effect the excited
state. It is alleged that in one portion of the country, enormous outrages had
been committed under the color of chartered rights. If this be so, this body is
the proper and grand arbiter to examine into those abuses, and apply the remedy.
-- What are these alleged abuses? We have heard from one Senator, that the
peaceable, law-loving character of the people of Nauvoo, had been endorsed by
the Governor; while the Senator from Hancock has stated on the same high
authority, that acts had been perpetrated in Nauvoo, under the authority of
their city charter, the like of which, had hurled even a King from his throne,
in a despotic government. He held that every citizen who came to this State, was
entitled to the protection of its laws. These were his natural rights. But to
personify Nauvoo -- she had no natural rights; but she had artificial rights
given her by law, for the security of the rights of her people. Can a man
forfeit his natural rights? Who denies it? For crime he can be incarcerated in
prison, forfeit his rights to liberty. And cannot an artificial person so abuse
his artificial rights as to forfeit them? You cannot punish an artificial person
by imprisonment. How then can it be done? and how is it to be done? The Hon.
member from Union, has properly answered these questions and proposed the proper
remedy -- by doing away with the power to commit evil. The time has arrived when
power abused by chartered companies should be arrested. Two years ago when he
was on this [floor], he declared himself willing to prune away the objectionable
features of the Nauvoo charter, and put a period to the abuses which had sprung
up under it. He did not wish by his present action to affect the rights of
individuals. To every man he would accord the privilege claimed by himself, to
worship God in a way most congenial to his sense of duty. The question was, had
the people of Nauvoo abused the powers given them by the Legislature? If so, how
could we arrest the evil? In no other way than to repeal the Nauvoo charter, and
other charters which have brought evil upon us. Let the members of the Nauvoo
Legion mix and unite with other portions of our militia. Let them discipline
themselves as do other brigades.
We are called to protect vested rights, and the canal law is referred to for the
purpose of showing the importance of this principle. But there is no similitude
between the canal law and the charter of Nauvoo. There were no vested rights
granted under that charter; and no vested rights or privileges would be taken
from the people of Nauvoo by a repeal. Have such abuses taken place as to
justify and require the adoption of the measure? Let them be made manifest and
he would go as far as any one for repeal. There was no similitude, he repeated,
between the cases of the canal charter and the city charter of Nauvoo. If bond
holders to whom we had given every thing we possess, refuse to accede to our
affairs, we will seek another mode to finish our canal. Abuses had been
practiced under this Nauvoo charter. Something should be promptly done; and he
desired to do what was right and just under the circumstances. -- Shall we so
curtail the charter so as to leave the people of Nauvoo power merely to repair
roads, dig wells, and build markets? It was well said that the general
incorporation law would enable them to perfect such an organization as would
accomplish these and other similar objects. Two years ago the Senator from
Washington, not now in his seat, proposed a repeal of the Nauvoo charter. He
called for the reasons -- for proof of the abuses complained of -- but they were
not furnished him then -- now it had been presented in a manner not to be
mistaken, that abuses exist, which have led to the calling out of the militia of
the State, to suppress the excitement growing out of them. Why all this? Was it
for abuses practiced, or prejudices of the people invading the rights of the
people of Nauvoo? If he believed the latter to be the case -- that the old
citizens of Hancock had caused all this excitement, -- he would not interfere.
But he must believe that there have been great abuses under this charter. And
the question recurred, what shall we do? Under an excited state of feeling we
might go far out of our proper course. But believing that abuses had and do
exist, he felt that there was no security but in repeal. There were rights
existing under this charter. The city was largely in debt. The Receiver would
convert the city property into money, and pay these debts to the extent of the
property of the city. If there was a deficit, the question would arise how it
should be paid? The laborer -- who had borne the heat of the summer's sun and
the winter's cold, in the employ of the city, should not be permitted to meet
the case -- but at the present time there should be no delay in repealing the
charter of Nauvoo.
Mr. Davis moved to lay the amendments offered by Mr. Killpatrick on the table.
Mr. Edwards said that there were rights under this charter which ought not to be
disturbed. The Receiver would dispose of the city property, and when that was
expended, how were the remaining debts to be paid? There would be no power to
tax the people to raise money for this purpose. These were serious questions to
be considered in connection with the proposed repeal. He was opposed to laying
Mr. Killpatrick's on the table.
Mr. Constable defended the position taken by Mr. Killpatrick on this subject. If
any part of the charter was permitted to exist, we should have a recurrence of
the outrages we had witnesses. No evils which would follow the repeal would
compare with those which had existed under the charter. He referred to the
remarks of the Senator from Scott in relation to vested rights: and said that no
vested rights were involved in the present case. The charter was granted mainly
for police purposes -- and yet, under this charter, ordinances were enacted and
carried into effect, which produced outrage and excitement, that required an
army to suppress, and an expenditure of some 20,000 dollars. -- Would it not be
better for the State to assume the debts of Nauvoo, than to permit the
recurrence of the scenes lately exhibited in Hancock county? Senators would do
well in endeavoring to avoid Syclla, not to fall into Charybdis. He had made up
his mind that no evils would result from a repeal equal to those which would
follow the continuance of the charter.
Mr. Killpatrick further defended his amendments. He had seen no evidence to
justify the proposed repeal. From the publications of the Governor, he had been
led to suppose that the Mormons had been greatly injured -- and he instanced the
death of Joe and Hyrum Smith as evidence of the disposition of the people
towards the Mormons.
Mr. Davis replied -- [referred] to the ordinances he had read -- to the
publications of the Governor -- to known and acknowledged facts -- as reasons
why the charter of Nauvoo should be repealed.
Mr. Dougherty replied to Mr. [Killpatrick] in relation to vested rights, assumed
to have accrued under the Nauvoo charter. When he closed, the Senate adjourned.
The Governor communicated to the Senate on Monday a lengthy history of the Mormon disturbances, which was read and 2500 copies ordered to be printed for the use of the two Houses.