History of the Church of Jesus Christ of Latter-day Saints, Volume 4Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 4
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
The founding of the city of Nauvoo was an event, the interest of which
extends beyond the people immediately concerned in it. It was a unique
movement in its way, and may yet suggest a policy in reference to the
government of large cities from which great benefits may arise. Very
naturally after the experiences of the Mormon people in Missouri, the
Prophet was anxious to environ them with conditions that would insure
protection to the community, hence for Nauvoo he secured as large
concessions of political power as it was possible to obtain, and an
examination of the Nauvoo charter proper with its attendant charters
providing as they did for an independent educational system, from
common schools to a University; an independent military organization
with a lieutenant-general as its commander; [3] a large grant of
commercial as well as municipal power, demonstrates how well he
succeeded. Commenting upon the charter immediately after its passage
by the state legislature had been formally announced, he said: "The
City Charter of Nauvoo is of my own plan and device. I concocted it for
the salvation of the Church, and on principles so broad, that every
honest man might dwell secure under its protective influence without
distinction of sect or party." [4] On another occasion when defending
the right of the city to issue writs of habeas corpus, even against
processes of the state, he held: "If there is not power in our charter
and courts, then there is not power in the State of Illinois nor in
the Congress or Constitution of the United States; for the United
States gave unto Illinois her Constitution or Charter, and Illinois
gave unto Nauvoo her charters conceding unto us our vested rights
which she has no right or power to take from us. All the power there
was in Illinois she gave to Nauvoo. * * * The municipal court has all
the power to issue and determine writs of habeas corpus within the
limits of this state that the {XXIII} Legislature can confer. This city
has all the power that the State courts have, and was given by the
same authority--the legislature. * * * The charter says that the City
Council shall have power and authority to make, ordain, establish, and
execute such ordinances not repugnant to the Constitution of the United
States, or of this State, as they may deem necessary for the peace,
benefit and safety of the inhabitants of said city. [5] And also that
the Municipal Court shall have power to grant writs of habeas corpus in
all cases arising under the ordinances of the City Council. The City
Council have passed an ordinance 'that no citizen of this city shall be
taken out of this city by any writ without the privilege of a writ of
habeas corpus.' There is nothing but what we have power over, except
where restricted by the Constitution of the United States. 'But,' says
the mob, 'what dangerous powers!' Yes--dangerous, because they will
protect the innocent and put down mobocrats. There is nothing but
Public-domain text, read in full here on John Shaqi.
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