Nauvoo City Council’s memorial to congress asking for powers of a federal territory and aid of federal troops.
Memorial to the United States Senate and House of Representatives, 21 December 1843, The Joseph Smith Papers website, accessed July 21, 2025.
To the honorable Senators and Representatives of the United States of America in Congress assembled.
WE, the undersigned, members of the City Council of the City of Nauvoo, Citizens of Hancock County, Illinois, and exiles from the State of Missouri, being in Council assembled, unanimously and respectfully, for ourselves, and in behalf of many thousands of other exiles, memorialize the Honorable Senators and Representatives of our nation upon the subject of the unparralleled persecutions and cruelties, inflicted upon us and upon our Constituents by the Constituted authorities of the State of Missouri, and likewise upon the subject of the present unfortunate circumstances in which we are placed in the land of our exile. As a history of the Missouri outrages, has been extensively published, both in this Country and in Europe, it is deemed unnecessary to particularize all of the wrongs and grievances, inflicted upon us, in this Memorial. As there is an abundance of well attested documents to which your honorable body can at any time refer; hence we only embody the following important items for your consideration.
. . .
And whereas by the tenth article of the Constitution of the United States as amended “Art 10. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” And whereas according to the Fourth Article and second section “The Citizens of each State shall be entitled to all privileges and immunities of Citizens in the several States.” And whereas according to the second Paragraph of the third Section of said Constitution “The Congress shall have power to dispose of and make the needful rules and regulations respecting territory.” And whereas the said Congress has the power to protect each State against invasion and insurrection: And whereas most of the Inhabitants of the City of Nauvoo are exiles from the State of Missouri. And whereas the most of the Lands owned in the State of Missouri were purchased from the United States and patented by the United States to the amount of more than— $200,000 worth. And whereas the United States are bound to clear the title and protect it. And whereas the said exiles or expelled Mormons have lost in property and damage about two millions of dollars. And whereas the said State of Missouri continues her ravages— persecutions and plunderings by kidnapping said exiles from Illinois, and by other depredations.
Now therefore to shew the fatherly care of the United States: to ratify the said Charter: to protect the said exiles from Mob violence, and shield them in their rights:—
Section 1. Be it ordained by the Senate and House of Representatives of the United States of America in Congress assembled, that all the rights powers privileges and immunities belonging to Territories and not repugnant to the Constitution of the United States, are hereby granted and secured to the Inhabitants of the City of Nauvoo in addition to the Spirit letter and meaning and provisions of the aforementioned Charter, or act of Incorporation from the State of Illinois, until the State of Missouri restores to those exiled Citizens, the lands, rights, privileges, property and damage for all losses.
Section 2. And be it further ordained, in order to effect the object and further intention of this ordinance, and for the peace, security, happiness, convenience, benefit and prosperity of the said City of Nauvoo, and for the common weal, and honor of our country; that the Mayor of Nauvoo, be and he is hereby empowered, by this consent of the President of the United States, whenever the actual necessity of the case, and the public safety shall require it, to call to his aid a sufficient number of United States forces, in connection with the Nauvoo Legion, to repel the invasion of mobs, keep the public peace, and protect the innocent from the unhallowed ravages of lawless banditti that escape justice on the Western Frontier: and also to preserve the power and dignity of the Union.
Section 3. And be it further ordained that the officers of the United States Army are hereby required to obey the requisitions of this Ordinance.
Section 4. And be it further ordained, that, for all services rendered in quelling Mobs, and preserving the public peace, the said Nauvoo Legion shall be under the same regulations, rules, and laws of pay as the troops of the United States.
City of Nauvoo, Illinois December 21st. 1843
Councillors
Hyrum Smith
John Taylor
Orson Pratt
W[illiam] W. Phelps
Heber C. Kimball
Benjamin Warrington
Daniel Spencer
Brigham Young
Orson Hyde
Aldermen
Orson Spencer
Daniel H. Wells
Geo. W Harris
Saml Bennett
Geoe A Smith
Mayor Joseph Smith
Recorder Willard Richards
Marshall John P. Green