An Order to the City Marshal.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

To the Marshal of said City, Greeting:—

Whereas complaint has been made to me upon oath, that some persons have been kidnapped by the Missourians, in connection with some of the lawless inhabitants of Hancock county, and that threats have been made that some of the citizens of Nauvoo will be kidnapped or arrested, and forcibly carried away from said city without being allowed the benefit of the writ of habeas corpus, according to the ordinance in such case made and provided, you will therefore take the necessary measures to have the rights of the citizens of this city held sacred, and the ordinances of said city duly carried into full force and effect. To which end, should you judge that the peace and safety of the city require it, you are further notified to call for a suitable portion of the Nauvoo Legion to be in complete readiness to compel obedience to the ordinances of the said city.

Given under my hand and seal this 8th day of December, 1843.

JOSEPH SMITH, Mayor,

W. W. PHELPS, Clerk, M. C.

In consequence thereof, I received from the City Marshal;—

The City Marshal's Reply.

CITY OF NAUVOO, December 8, 1843.

SIR:—Your order to have the ordinances of this city fully carried into effect will be duly attended to; but in order to so do, it will be necessary for you as Mayor of the city, to issue orders to Major General Wilson Law for a suitable portion of the Nauvoo Legion to be in readiness to compel obedience to said ordinances, if necessary.

Respectfully, &c.,

HENRY G. SHERWOOD, City Marshal.

To Joseph Smith, Mayor.

And I issued:—

Mayor's Order to the Commander of the Nauvoo Legion.

"HEADQUARTERS NAUVOO LEGION,

CITY OF NAUVOO, Dec. 8, 1843.

The Marshal of this city having made a demand of me for a suitable portion of the Nauvoo Legion to protect the rights of the citizens and carry the ordinances of said city into full effect, you are hereby directed and required to hold in readiness such portions of the said Nauvoo Legion, which you have the honor to command, as may be necessary to compel obedience to the ordinances of said city and secure the peace of the citizens, and call them out, if occasion require, without further notice.

With due regard, I have the honor to be

Your obedient servant,

JOSEPH SMITH,

Lieutenant-General. N. L.

Major-General Wilson Law,

Commanding Nauvoo Legion.

Four p.m., attended City Council, which passed "An extra ordinance for the extra case of Joseph Smith and others."

Special Ordinance in the Prophet's Case, vs. Missouri.

Whereas, Joseph Smith has been three times arrested and three times acquitted upon writs founded upon supposed crimes or charges preferred by the State of Missouri, which acquittals were made from investigations upon writs of habeas corpus—namely one in the United States Court for the district of Illinois, one in the Circuit Court of the State of Illinois, and one in the Municipal Court of Nauvoo:

And whereas, a nolle prosequi has once been entered in the courts of Missouri upon all the cases of Missouri against Joseph Smith and others:

And whereas, there appears to be a determined resolution by the State of Missouri to continue these unjust, illegal, and murderous demands for the body of General Joseph Smith:

And whereas, it has become intolerable to be thus continually harassed and robbed of our money to defray the expenses of these prosecutions:

And whereas, according to the Constitution of Illinois, "all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, and of acquiring, possessing, and protecting property and reputation, and pursuing their own happiness:"

And whereas, it is our bounden duty, by all common means, if possible, to put a stop to such vexatious lawsuits and save expense: Therefore—

Section 1. Be it ordained by the City Council of the City of Nauvoo, according to the intent and meaning of the Charter for the "benefit and convenience" of Nauvoo, that hereafter, if any person or persons shall come with process, demand, or requisition, founded upon the aforesaid Missouri difficulties, to arrest said Joseph Smith, he or they so offending shall be subject to be arrested by any officer of the city, with or without process, and tried by the Municipal Court, upon testimony, and, if found guilty, sentenced to imprisonment in the city prison for life; which convict or convicts can only be pardoned by the Governor, with the consent of the Mayor of said city.

Section 2. And be it further ordained that the preceding section shall apply to the case of every and all persons that may be arrested, demanded, or required upon any charge founded in the aforesaid Missouri difficulties.

Section 3. And be it further ordained that the jury that makes the presentment, in any case above specified, shall not, nor either of them, act as jurors on the final trial; but the trial shall be conducted according to the fifth and sixth articles of the amendment to the Constitution of the United States.

Passed December 8, 1843.

JOSEPH SMITH, Mayor.

WILLARD RICHARDS, Recorder.[[3]]

The City Council also passed "An ordinance to erect a dam in the Mississippi river, and for other purposes."

Ordinance Providing for the Erection of a Dam in the Mississippi.

Section 1. Be it ordained by the City Council of the City of Nauvoo, that Joseph Smith and his successors for the term of perpetual succession are hereby authorized and empowered to erect a dam, of suitable height to propel mills and machinery, from any point within the limits of said city and below the Nauvoo House, and in a proper direction to reach the island this side of Montrose; but not to interfere with the main channel of the Mississippi river.

Section 2. And be it further ordained that the said Joseph Smith and his successors are further authorized to erect north of the aforesaid island, a dam, pier, or breakwater to intersect the sandbar above.

Section 3. Be it further ordained that said Joseph Smith and his successors are also authorized and have full liberty to use the said dam and water for the purpose of propelling mills and machinery, and shall be governed in their rates of toll and rules of manufactory by ordinance of said city.

Section 4. And be it further ordained that the said Joseph Smith and his successors are further authorized and empowered to use the space within the limits of the said dam as a harbor or basin for steamboats and other water craft; and for which purpose they may construct docks, wharfs, and landings, and receive such fees for wharfage as may be regulated by ordinance of said city.

Section 5. And be it further ordained that said Joseph Smith and his successors are further authorized to build an embankment on the east side of the aforesaid island, to connect the said dam with the pier on the north, and to use the top of said dam for a public road or highway, receiving for compensation from those who cross upon it such rates as may be allowed by ordinance of said city.

Passed December 8, 1843.

JOSEPH SMITH, Mayor.

WILLARD RICHARDS, Recorder.

Petition for Nauvoo to Be Placed under the General Government