Incorporation of the City of Nauvoo
Nauvoo was incorporated in December, 1840. On the 16th day of that month Governor Thomas Carlin signed the bill. Stephen A. Douglas was secretary of state; and Abraham Lincoln, a member of the legislature, had favored the bill. The boundaries of the city were defined, with ample provision for expansion. The city council was to consist of a mayor, four aldermen and nine councilors. The election was to take place on the first Monday in February, 1841.
A Liberal Charter
The charter of the city was one of most liberal powers. It was all—yes, even more—than the Saints, so long harassed by mobs, had hoped to receive. It contained twenty-eight sections and was bounded in its limitations only by the Constitution of the United States and that of the state of Illinois. All the powers “conferred on the city council of the city of Springfield” were granted to the city of Nauvoo. The Mayor and Aldermen were given all the powers of justices of the peace, both in civil and criminal cases, arising under the laws of the state. A municipal court was provided composed of the mayor as chief justice, and the aldermen as associates. This court had power to grant writs of habeas corpus under all cases arising under the ordinances of the city council, and trial by jury was guaranteed before twelve men.
The University of Nauvoo
The city council was authorized to establish and organize the “University of the City of Nauvoo,” for “the teaching of the arts, sciences and learned professions.” This institution was to be under the management of a board of trustees, consisting of a chancellor, registrar and twenty-three regents. These trustees were to be appointed by the city council, and they were empowered with all the “privileges for the advancement of the cause of education which appertain to the trustees of any other college or university of this state.”
The Nauvoo Legion
Another provision granted the city council the power to “organize the inhabitants of said city, subject to military duty, into a body of independent military men, to be called the ‘Nauvoo Legion,’ the court martial of which shall be composed of the commissioned officers of said legion, and constitute the law-making department, with full power and authority to make, ordain, establish, and execute all such laws and ordinances as may be considered necessary for the benefit, government, and regulation of said legion; provided said court martial shall pass no law or act, repugnant to, or inconsistent with the Constitution of the United States, or of this State; and provided also that the officers of the legion shall be commissioned by the governor of the State.” This legion was to perform the same amount of military duty as other bodies of the regular militia, and to be subject to the call of the mayor in executing the laws and ordinances of the city, and the governor for public defense.
Election of Municipal Officers
On the day appointed the election was held and John C. Bennett, who had taken a most active part in the securing of the charter, was elected mayor. The aldermen were William Marks, president of the stake, Samuel H. Smith, Newel K. Whitney and Daniel H. Wells, the latter at that time, not a member of the Church. The counselors were, Joseph Smith, Hyrum Smith, Sidney Rigdon, Charles C. Rich, John T. Barnett, Wilson Law, John P. Greene, Don Carlos Smith, and Vinson Knight. The council appointed Henry G. Sherwood, marshall; James Sloan, recorder; Robert B. Thompson, treasurer; James Robinson, assessor; and Austin Cowles, supervisor of streets. When the Nauvoo Legion was organized, Joseph Smith was elected lieutenant general, which position he held until his death.