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Bond from First Presidency, 4 January 1842, as Recorded in Hancock County Deeds

Source Note

JS, , and , Bond for property in , Hancock Co., IL, to JS as trustee-in-trust for the Church of Jesus Christ of Latter-day Saints, 4 Jan. 1842; signed by JS, , and ; acknowledged by . Featured version copied 18 Apr. 1842 in Hancock County Bonds and Mortgages, vol. 1, pp. 221–223; unidentified handwriting; Hancock County Courthouse, Carthage, IL. At some point, these pages were torn from the volume, resulting in some loss of text. For more complete source information, see the source note for Appointment as Trustee, 2 Feb. 1841.

Historical Introduction

On 4 January 1842 members JS, , and signed a bond transferring land in , Illinois, to JS as trustee-in-trust for the . The bond identified ninety-one lots and a couple of incidental smaller properties in Nauvoo being sold to JS for $1. Despite this purchase price, the members of the First Presidency bound themselves as liable for $27,300, an amount equaling $300 per lot for ninety-one lots, likely reflecting the perceived value of the land.
The apparent intention of this transfer was to legally place the land in the church’s possession via its trustee-in-trust, the legal for the church; however, the amount of land being sold vastly exceeded the amount that a religious organization could own under law. According to the Act concerning Religious Societies, passed by the Illinois General Assembly in 1835, religious organizations could “purchase a quantity of land not exceeding five acres.” The majority of lots in this bond were an acre each.
It is unclear why the First Presidency transferred only the selected land and not other land on the peninsula. It may be noteworthy that all the lots listed in this bond were in the northern half of the , on land purchased from the partnership of , , and on 12 August 1839. No property from the church’s other early land purchases on the peninsula—those from Hotchkiss and , from , and from —was included in this transfer from the First Presidency to JS as trustee.
The bond was recorded in the county clerk’s office in , Illinois, on 18 April 1842. ’s assistant, , inscribed the original signed copy of this bond, which includes signatures not only of JS, , , and Richards but also of county clerk .

Footnotes

  1. [1]

    On 21 October 1839 the Nauvoo high council recommended that Nauvoo lots be sold for $500 each, with no lots sold for less than $200 or more than $800. Not all of the lots listed in the 4 January 1842 bond were full lots; many—particularly those abutting the Mississippi River—were fractional lots with a lower value than full lots. (Nauvoo Stake High Council Minutes, fair copy, 21 Oct. 1839, 26.)

    Nauvoo Stake High Council Minutes, ca. 1839–ca. 1843. Fair copy. In Oliver Cowdery, Diary, Jan.–Mar. 1836. CHL.

  2. [2]

    An Act concerning Religious Societies [6 Feb. 1835], Laws of the State of Illinois [1834–1835], p. 147, sec. 1.

    Incorporation Laws of the State of Illinois; Passed at a Session of the General Assembly, Begun and Held at Vandalia the 6th Day of December, 1836. Vandalia, IL; William Walters, 1837.

  3. [3]

    Bond from Horace Hotchkiss, 12 Aug. 1839–A. The most southern lots listed in the 1842 bond were in Nauvoo blocks 90 and 92, located on the north side of Ripley Street.

  4. [4]

    See Bond from Horace Hotchkiss, 12 Aug. 1839–B; and Hancock Co., IL, Deed Records, 1817–1917, vol. 12-G, p. 274, 30 Apr. 1839, microfilm 954,195; Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, pp. 31–32, 30 Apr. 1839, microfilm 954,776, U.S. and Canada Record Collection, FHL.

    U.S. and Canada Record Collection. FHL.

  5. [5]

    JS, Sidney Rigdon, and Hyrum Smith to JS as Trustee-in-Trust, Bond, 4 Jan. 1842, JS Collection, CHL.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Bond from First Presidency, 4 January 1842, in handwriting of William Clayton *Bond from First Presidency, 4 January 1842, as Recorded in Hancock County Deeds

Page 222

whereas, the said Joseph Smith & have this day Sold unto the said Joseph Smith as sole trustee in trust for the ce[r]tain Lots of Ground situated lying and being in the County of and State of and described on the plat of the City of as followes To Wit Block No one also Lots no one two three & four in Block No Two also Lots No one & two in Block No Three also Lots No one three & two in Block No four also Lots No [one] three & four in Block No Ten also Lot No one in Block No five also L[ot] No one in Block No seven also Lot No one in Block No one also Lots No one two & three in Block No eleven also Lot No two in block No Eighteen also Lots No one & four in Block No nineteen also Lot no one in Block No twenty three also Lot No four in Block No thirty o[ne] also Lot No one in Block No thirty three also Lot No two in Block No thirty five also Lots No one two three & four in Block No thirty Six also Lots No one two three & four in Block No thirty seven also Lot No three in Block No Forty also Lot No three in Block No Thirty Eight also Lot No three in Block No Fifty two also Lots No one & Two in Block No Fifty three also Lot No four in Block No Fifty Eight also Lots No one, two, three, & four in Block No Sixty one also Lots No one & two in Block No Sixty Six also Lots No one & two in block No Sixty Seven also Lots No one two three & fou[r] in Block No Sixty Eight also Lots No, one, two thre[e] & four in Block N[o] Sixty nine also Lots No one two three & four excepting four Rods Square near the centre of said Lot No four including the old Tomb in Block No Seventy also Lots No one two three & four in Block No Seventy one also Lot No four in Block No Seventy two also Lot No thre[e] in Block No seventy five also Lots No. one, two & thre[e] in Block No Seventy Eight als[o] Lots No one & two in Bloc[k] No Seventy nine also Lots No. one, two, three & four in block No Eighty also Lots No. one, two three & four in Block Eighty on[e] also Lots No one three & four in Block No Eighty two als[o] Lots No two & three in Block No Eighty three also Lots No one two three <​&​> four in Block <​No​> ninety also Lots No. one, two three & four in Block No ninty two also Lots No the South West quarter of Lot No three in Block No Seventy nine an[d] received in payment for said Lots one Dollar the receip[t] whereof is hereby acknowledged Now the said Joseph Smith as sole trustee in trust for the Church of Jesus Chr[ist] of Latter Day Saints having paid the Sum of one Dollar w[e] the said Joseph <​Smith​> & bind ourselves our heirs executors and administrators to m[ake] or cause to be made a good and sufficient D[eed for] the above described Lots unto the said [Joseph Smith] as sole trustee in trust for the Church [of Jesus Christ of] Latter day Saints when [we] shall obtain [a deed of the same] of a[nd] then this [bond to become null] [p. 222]
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Source Note

Document Transcript

Page 222

Document Information

Related Case Documents
Editorial Title
Bond from First Presidency, 4 January 1842, as Recorded in Hancock County Deeds
ID #
7250
Total Pages
3
Print Volume Location
JSP, D9:73–77
Handwriting on This Page
  • Unidentified

Footnotes

  1. [7]

    TEXT: “ce[page torn]tain”.

  2. [8]

    Unlike most blocks listed in this bond, Nauvoo block 1 was not subdivided into lots. It was a fractional block along the shoreline of the Mississippi River and was less than an acre.

  3. [9]

    TEXT: Page torn.

  4. [10]

    TEXT: “L[page torn]”.

  5. [11]

    “Block No one” here was probably a scribal error. Block 1 of the Nauvoo plat was listed earlier and was not subdivided into lots. The blocks are listed sequentially, suggesting that the lot intended was lot 1 of block 8, 9, or 10.

  6. [12]

    TEXT: “o[page torn]”.

  7. [13]

    TEXT: “fou[page torn]”.

  8. [14]

    TEXT: “N[page torn]”.

  9. [15]

    The “old Tomb” was the gravesite of early settler George Cutler. (Blum, Nauvoo, 7; see also Gregg, History of Hancock County, Illinois, 216–217.)

    Blum, Ida. Nauvoo—an American Heritage. Carthage, IL: By the author, 1969.

    Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.

  10. [16]

    TEXT: “Bloc[page torn]”.

  11. [17]

    TEXT: “on[page torn]”.

  12. [18]

    TEXT: “als[page torn]”.

  13. [19]

    TEXT: “an[page torn]”.

  14. [20]

    TEXT: “receip[page torn]”.

  15. [21]

    TEXT: “Chr[page torn]”.

  16. [22]

    TEXT: “w[page torn]”.

  17. [23]

    TEXT: “m[page torn]”.

  18. [24]

    TEXT: “D[page torn]”.

  19. [25]

    TEXT: Page torn.

  20. [26]

    TEXT: Page torn.

  21. [27]

    TEXT: Page torn.

  22. [28]

    TEXT: Page torn.

  23. [29]

    TEXT: “a[page torn]”.

  24. [30]

    TEXT: Page torn.

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