Tuesday, March 5, 1844.—I saw Hyrum Kimball at Bryant's store, and gave him a lecture on his resisting the ordinances of the city, by telling the captains of the steamboats they need not pay wharfage, &c.
Rode out with Emma.
At two, p.m., met with the City Council. I copy the minutes:—
Special Session of the City Council.
March 5, 1844, 2 p.m.
Names of members called. Quorum present.
Mayor stated that he had called the council, because that when the wharf-master called on the steamboats for wharfage, the officers of the boats declined paying, assigning as a reason that Hyrum Kimball and — Morrison had told them that they owned the land, and they need pay no wharfage to the city; and he called the council to know their views on the subject, as he had told Hyrum Kimball that he should see the ordinances executed; and if the boats did not pay, he should blow them up and all those who upheld them in resisting the ordinances. Every measure is taken to palsy the hands of the officers of the city; and I want to know how to remedy the evil, or whether I shall abandon the ordinances, &c.
Alderman Harris said that it was the mayor's duty to enforce the ordinances of the city, and that no man has a right to build a wharf without leave from the city council.
Councilor Phelps suggested the propriety of licensing those who owned wharves to collect a tax for the landing of the boat.
Mayor said the land on the water's edge was a street.
Alderman Wells suggested the propriety of having the street worked as soon as may be.
Councilor Phelps said, if Water street extended round the city, then Kimball had been constructing a nuisance.
Mayor spoke in explanation, and said that Kimball said, if the city would make a wharf, he would give up what he had done.
Councilor Orson Spencer said he wished the mayor to execute the law of the city.
Councilor Brigham Young concurred.
Councilor W. W. Phelps proposed that Water street be worked the whole length.
Councilor Taylor said, "I go in for executing the laws of the city."
Marshal stated that Morrison said he had a bond for a deed to low-water mark, and the city could not take his personal rights, and he objected to the boats paying wharfage.
Councilor Orson Pratt said, if Kimball or Morrison or any one else has built wharves since that street was laid out, they could get no damages.
Councilor Daniel Spencer considered the ordinance passed good, and it ought to be enforced.
Councilor Hyrum Smith, believed it was our duty to stand up to the ordinances.
Moved by Brigham Young that the city council instruct the Mayor to order the supervisor to open Water street from Joseph Smith's store north to the north line of the city.
Councilor Phelps approved of the motion, that the road might be cleared from rafts, and the rafts might also pay license.
Councilor Warrington said the upper stone house was in the street.
Mayor said that was the greatest nuisance there was in the street.
Councilor Orson Spencer was in favor [i.e., of the motion to open Water street.] Motion carried unanimously.
The governor having refused to issue commissions to the aldermen-elect of the city, Councilor Whitney inquired who were aldermen.
The mayor explained that if the governor refuses to grant a commission, it does not disqualify the officer elect from acting in his office; consequently, there is no virtue in the commission, but the virtue of the office consists in the election.
Councilor Young thought they were aldermen all the time or none of the time.
Mayor said he wanted all the aldermen to be added to the city council.
Alderman Wells said he considered the election made the aldermen, and not the commission.
Mayor said if he had been elected alderman and filed his bonds, he would act as councilor and magistrate.
Packard's Memorial to Legislature of Massachusetts
Noah Packard sent a memorial to the governor, senate, and house of representatives of Massachusetts, his native state, setting forth in detail the sufferings of the Saints in Missouri, and their expulsion from that state.
Wednesday, 6—Went to my office, and thence with Brother Phelps to Mr. Bryant's, to see him about his uniting with Hiram Kimball and others to resist the ordinances of the city.
The Neighbor publishes the name of James Arlington Bennett as candidate for Vice-President.
Thursday, 7.—A splendid day; wind from the southwest.
Minutes of a General Meeting in the Interest of the Temple.
[Reported by Elders Willard Richards and Wilford Woodruff.]
A vast assembly of Saints met at the Temple of the Lord at nine o'clock a.m., by a special appointment of President Joseph Smith, for the purpose of advancing the progress of the Temple, &c.
The Patriarch, Hyrum Smith, was present; also of the Twelve Apostles, Brigham Young, Heber C. Kimball, Parley P. Pratt, Orson Pratt, Willard Richards, Wilford Woodruff, John Taylor, and George A. Smith; also the temple committee and about eight thousand Saints.
A hymn was sung by the choir; prayer by Elder Parley P. Pratt, when another hymn was sung.
Patriarch Hyrum Smith took the stand and said, The object of the meeting is to stir up your minds by way of remembrance. It is necessary to have a starting-point, which is to build the Temple.
With the assistance of the sisters, we expect to get the nails and glass; and with the assistance of the brethren, we expect to do the rest. I will proclaim in public and in private that the sisters bought the glass and nails by penny subscription. Choose ye this day whom ye will serve.
We shall call upon this vast multitude for a donation to buy powder and fuse-ropes to blast the rocks in the quarry. We want the brethren to at least do as much as the sisters.
We do not intend to finish the Nauvoo House this season, but to take all the hands and finish the Temple this summer, or the walls of it, and get the roof on by December, and do off the inside next winter; and about a year from this spring we will dedicate it.
We can do anything we undertake. We have power, and we can do great things. In five years to come the work will progress more than it has done for ten years past.
Isaiah said we should perform a marvelous work and a wonder. I don't wonder he said so, if he saw this vast multitude; and I think this people is abundantly able to build this temple, and much depends upon it for our endowments and sealing powers; and many blessings depend upon it.
President Joseph Smith then arrived, took the stand, arose, and, after requesting Orson Pratt to come to the stand and take his post, said:—
I do not know whether the object of the meeting has been told you or not. I apologize for not coming sooner.
I have had so much on my mind since I saw you, that I hardly know where to begin or what to say; but one of the grand objects I had in view in calling this meeting was to make a few remarks relative to the laws and ordinances of the city and the building of the temple.
The reason I want to speak of the city ordinances is that the officers have difficulty in administering them.
We are republicans, and wish to have the people rule; but they must rule in righteousness. Some would complain with what God Himself would do.
The laws or ordinances are enacted by the city council on petition of the people; and they can all be repealed, if they wish it, and petition accordingly.
At all events, the people ought not to complain of the officers; but if they are not satisfied, they should complain to the lawmakers by petition.
I am instructed by the city council to tell this people that if there is any law passed by us which you dislike, we will repeal it, for we are your servants. Those who complain of our rights and charters are wicked and corrupt, and the devil is in them.
The reason I called up this subject is, we have a gang of simple fellows here who do not know where their elbows or heads are. If you preach virtue to them, they will oppose that; or if you preach a Methodist God to them, they will oppose that; and the same if you preach anything else; and if there is any case tried by the authorities of Nauvoo, they want it appealed to Carthage to the circuit court. Mr. Orsimus F. Bostwick's case had to go to Carthage. Our lawyers will appeal anything to the circuit court.
I want the people to speak out and say whether such men should be tolerated and supported in our midst; and I want to know if the citizens will sustain me when my hands are raised to heaven for and in behalf of the people.
From this time I design to bring such characters who act against the interests of the city before a committee of the whole; and I will have the voice of the people, which is republican, and is likely to be the voice of God; and as long as I have a tongue to speak, I will expose the iniquity of the lawyers and wicked men.
I fear not their boiling over nor the boiling over of hell, their thunders nor the lightning of their forked tongues.
If these things cannot be put a stop to, I will give such men into the hands of the Missouri mob. The hands of the officers of the city falter and are palsied by their conduct.
There is another person I will speak about. He is a Mormon—a certain man who lived here before we came here; the two first letters of his name are Hiram Kimball. When a man is baptized and becomes a member of the Church, I have a right to talk about him, and reprove him in public or private, whenever it is necessary, or he deserves it.
When the city passed an ordinance to collect wharfage from steamboats, he goes and tells the captains of the steamboats that he owned the landing, and that they need not pay wharfage.
I despise the man who will betray you with a kiss; and I am determined to use up these men, if they will not stop their operations. If this is not true, let him come forward and throw off the imputation.
When they appeal to Carthage, I will appeal to this people, which is the highest court. I despise the lawyers who haggle on lawsuits, and I would rather die a thousand deaths than appeal to Carthage,
Kimball and Morrison say they own the wharves; but the fact is, the city owns them, sixty-four feet from high water mark. From the printing office to the north limits of the city is public ground, as Water street runs along the beach, and the beach belongs to the city and not to individuals.
Another thing: I want to speak about the lawyers of this city. I have good feelings towards them; nevertheless I will reprove the lawyers and doctors anyhow. Jesus did, and every prophet has; and if I am a prophet, I shall do it: at any rate, I shall do it, for I profess to be a prophet.
The maritime laws of the United States have ceded up the right to regulate all tolls, wharfage, &c., to the respective corporations who have jurisdiction, and not to individuals.
Our lawyers have read so little that they are ignorant of this: they have never stuck their noses into a book on maritime law in their lives, and, as Pope says:—