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Ordinance, 12 December 1843–C

Source Note

Nauvoo City Council, Ordinance, [
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL], 12 Dec. 1843. Featured version copied [ca. 12 December 1843] in Nauvoo City Council Minute Book, p. 194; handwriting of
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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; CHL. For more complete source information, see the source note for Nauvoo City Council Minute Book, 1841–1845.

Historical Introduction

On 12 December 1843, the
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Illinois, city council, presided over by JS as mayor, granted JS an exemption to the city’s temperance ordinance. In 1833, JS dictated a revealed health code that counseled
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

View Glossary
members to avoid “wine or Strong drink.” However, enforcement and application of the revelation had been uneven and had generally relaxed by the 1840s.
1

Revelation, 27 Feb. 1833 [D&C 89]. Though the February 1833 revelation stated that it was given as a “principle with promise” rather than by “commandment or constraint,” some church members in Missouri and Kirtland were disfellowshipped or excommunicated for “too free a use of strong drink.” (Minutes, 20 Feb. 1834; Murdock, Journal, 4 Mar. 1834; Minute Book 1, 6–7 June 1835 and 16 May 1836; Minutes, Messenger and Advocate, Apr. 1835, 1:101–102; Minute Book 2, ca. May 1837 and 13 Apr. 1838.)


Comprehensive Works Cited

Murdock, John. Journal, ca. 1830–1859. John Murdock, Journal and Autobiography, ca. 1830–1867. CHL. MS 1194, fd. 2.

Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

In contrast, intemperance emerged as a focal point of civic interest in Nauvoo. In early 1841, the Nauvoo City Council outlawed the sale of “Whiskey in a less quantity than a Gallon, or other Spirituous Liquors in a less quantity than a quart.”
2

Nauvoo City Council Minute Book, 15 Feb. 1841, 8; see also Nauvoo City Council Rough Minute Book, 15 Feb. 1841, 5.


The ordinance was strictly enforced against tavernkeepers and grocers, with at least eight convictions by December 1843.
3

Nauvoo Mayor’s Court Docket Book, 27, 29, 30, 34, 38; JS, Journal, 21–23 Aug. 1843.


Comprehensive Works Cited

Nauvoo Mayor’s Court Docket Book / Nauvoo, IL, Mayor’s Court. Docket Book, 1843. In Historian’s Office, Historical Record Book, 1843–1874, pp. 12–50. CHL.

On one occasion, the city council even ordered the destruction of a “Groggery” that was in violation of the ordinance.
4

Nauvoo City Council Rough Minute Book, 23 Oct. 1841, 26.


As a city councilor and later as mayor, JS played an active role in crafting and enforcing the 1841 temperance ordinance. In a 13 August 1843 discourse, JS stated that he had “been feretting out Grog. shops. groceries & beer barrels” and declared his intention to “rip them up.”
5

Discourse, 13 Aug. 1843–B.


Nevertheless, three months after he opened the
Nauvoo Mansion

Large, two-story, Greek Revival frame structure located on northeast corner of Water and Main streets. Built to meet JS’s immediate need for larger home that could also serve as hotel to accommodate his numerous guests. JS relocated family from old house ...

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in September 1843, JS submitted a bill to the city council requesting sole authority in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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to sell liquor to guests in “any quantity,” meaning selling liquor by the glass.
6

According to one account, JS may have been serving liquor in the Nauvoo Mansion before this request. John Finch, a touring British disciple of social reformer Robert Owen, stayed at the Nauvoo Mansion from 11–15 September 1843. In 1844, he recalled his surprise that JS “kept an hotel, [and] sold and drank whiskey punch.” By at least 1 December 1843, the room in the southwest corner of the Nauvoo Mansion was known as the “bar room,” which at the time referred to “the inclosed place of a tavern, inn or coffee-house, where the landlord or his servant delivers out liquors, and waits upon customers.” (John Finch, “Notes of Travel in the United States,” New Moral World: and Gazette of the Rational Society, 5 Oct. 1844, 113; JS, Journal, 13–15 Sept. and 1 Dec. 1843; William Clayton, “Notice to Emigrants and Latter-day Saints Generally,” Nauvoo Neighbor, 20 Dec. 1843, [3]; JS to Ebenezer Robinson, Lease, Hancock Co., IL, 23 Jan. 1844, Newel K. Whitney, Papers, BYU; “Bar,” in American Dictionary [1841], 1:140.)


Comprehensive Works Cited

New Moral World: and Gazette of the Rational Society. London, 1834–1837; Manchester, England, 1837–1838; Birmingham, England, 1838–1839; Leeds, England, 1839–1841; London, 1841–1845; Harmony, Hampshire Co., England, 1845; London, 1845.

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

An American Dictionary of the English Language; First Edition in Octavo, Containing the Whole Vocabulary of the Quarto, with Corrections, Improvements and Several Thousand Additional Words. . . . Edited by Noah Webster. 2nd ed. 2 vols. New Haven: By the author, 1841.

Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, JS’s secretary and Nauvoo city recorder, wrote the initial draft of the bill. The only changes to the submitted draft clarified that JS could “sell <​or give​> spirits” to “travellers <​or other persons​>.”
7

Ordinance, 12 Dec. 1843, draft, Nauvoo, IL, Records, CHL.


Although they crafted the bill as an ordinance, JS and other members of the city council regularly referred to it as a “license” allowing JS to sell liquor.
8

Nauvoo’s charter authorized the city council to “license, tax, [and] regulate auctioneers, merchants and retailers, grocers, taverns, ordinaries, hawkers, peddlers, brokers, pawn brokers, and money changers.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


The city council minutes note that JS gave some “explanations” in support of the bill but do not record his rationale. Similarly, the meeting minutes indicate that aldermen
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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and
George W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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spoke about the bill but do not include their specific comments.
9

Nauvoo City Council Rough Minute Book, 12 Dec. 1843, 25. In a subsequent city council meeting, Harris indicated that he opposed the sale of liquor in the city. (Nauvoo City Council Rough Minute Book, 13 Jan. 1844, 43.)


In a later city council meeting, JS explained that he submitted the bill because a “Temperance house cannot support, itself, and if any body needs those proffits, I do.” JS also noted “that others were selling and he wanted the privilege lawfully which other[s] took unlawfully.”
10

Nauvoo City Council Rough Minute Book, 13 Jan. 1844, 44.


Following its passage, the ordinance generated considerable controversy in JS’s own household and among
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
residents. JS’s son
Joseph Smith III

6 Nov. 1832–10 Dec. 1914. Clerk, hotelier, farmer, justice of the peace, editor, minister. Born at Kirtland, Geauga Co., Ohio. Son of JS and Emma Hale. Moved to Far West, Caldwell Co., Missouri, 1838; to Quincy, Adams Co., Illinois, 1839; and to Commerce ...

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later recalled that his mother,
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, expressed opposition to the creation of a bar in their home because of its proximity to their children and the optics of JS as a church leader keeping a tavern bar.
11

Mary Audentia Smith Anderson, “The Memoirs of President Joseph Smith,” Saints’ Herald, 22 Jan. 1935, 110–111.


Comprehensive Works Cited

Saints’ Herald. Independence, MO. 1860–.

In the weeks after the ordinance passed, the city council entertained discussion about whether to grant additional licenses, and JS offered to either grant such petitions to sell liquor or have his privilege to sell liquor withdrawn in the name of “equal rights.”
12

Minutes and Discourse, 29 Dec. 1843; Nauvoo City Council Rough Minute Book, 13 Jan. 1844, 43.


Ultimately, the city council allowed JS to keep his exemption and granted him the authority to give an additional liquor license to one individual in each of the city’s four municipal wards “for Medical and Mechanical purposes.”
13

Nauvoo City Council Minute Book, 16 Jan. 1844, 201.


Meanwhile, the ordinance attracted regional and national criticism. This was the third December ordinance passed by the city council that benefited JS financially or legally, and regional newspapers such as the Warsaw Message and the Quincy Whig saw these ordinances as examples of corruption in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
.
14

On 8 December 1843, the city council passed an ordinance titled “An Extra Ordinance for the Extra Case of Joseph Smith and Others,” which made it illegal for anyone to attempt to arrest JS in Nauvoo on charges related to the “Missouri difficulties.” At that same session, the city council granted JS exclusive authority to build and maintain a wing dam in the Mississippi River. The Warsaw Message claimed that, when taken together, these ordinances proved “how utterly regardless of all law and right & decency” the Nauvoo City Council had become. The Quincy Whig summarized the new liquor ordinance and, after recounting JS’s leadership positions over the Nauvoo Legion, the city, and his church, criticized JS for “stooping to the low condition of retailing Whiskey at a picayune a dram!” (Ordinance, 8 Dec. 1843; Nauvoo City Council Minute Book, 8 Dec. 1843, 192–193; Editorial, Warsaw [IL] Message, 17 Jan. 1844, [1]; “Nauvoo City Council—Gen. Joseph Smith—Special Privileges, &c.,” Quincy [IL] Whig, 27 Dec. 1843, [2], italics in original; see also Minutes, 8 Dec. 1843.)


Comprehensive Works Cited

Warsaw Message. Warsaw, IL. 1843–1844.

Quincy Whig. Quincy, IL. 1838–1856.

The Warsaw Message and the New-York Daily Tribune both independently republished the ordinance in full and mistakenly claimed that the ordinance bypassed state liquor license laws.
15

Editorial, Warsaw (IL) Message, 10 Jan. 1844, [2]; Editorials, Warsaw Message, 17 Jan. 1844, Extra, [1], [4]; “Westward Ho!,” Letter to the Editor, New-York Daily Tribune (New York City), 27 Jan. 1844, [1]. JS later claimed that Charles A. Foster authored the anonymous letter to the editor of the Daily Tribune. (JS, Journal, 7 Mar. 1844.)


Comprehensive Works Cited

Warsaw Message. Warsaw, IL. 1843–1844.

New-York Daily Tribune. New York City. 1841–1924.

More broadly, several newspapers across the country republished a Cleveland Herald report claiming that JS “by special ordinance monopolises the liquor trade” in Nauvoo.
16

“The Mormons,” Cleveland Herald, 24 Jan. 1844, [2]; see also, for example, “The Mormons,” Huron Reflector (Norwalk, OH), 30 Jan. 1844, [2]; and “The Mormons,” Lancaster (PA) Examiner and Democratic Herald, 7 Feb. 1844, [2].


Comprehensive Works Cited

Cleveland Herald. Cleveland. 1843–1853.

Huron Reflector. Norwalk, OH. 1830–1852.

Lancaster Examiner and Democratic Herald. Lancaster, PA. 1839–1844.

After the city council passed the ordinance,
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

View Full Bio
made a fair copy that
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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signed on behalf of JS as mayor.
17

Ordinance, 12 Dec. 1843, copy, Nauvoo, IL, Records, CHL.


Bullock subsequently copied the ordinance into the city council’s record book. The record book version of the ordinance is featured here as the city’s official copy of the document.

Footnotes

  1. [1]

    Revelation, 27 Feb. 1833 [D&C 89]. Though the February 1833 revelation stated that it was given as a “principle with promise” rather than by “commandment or constraint,” some church members in Missouri and Kirtland were disfellowshipped or excommunicated for “too free a use of strong drink.” (Minutes, 20 Feb. 1834; Murdock, Journal, 4 Mar. 1834; Minute Book 1, 6–7 June 1835 and 16 May 1836; Minutes, Messenger and Advocate, Apr. 1835, 1:101–102; Minute Book 2, ca. May 1837 and 13 Apr. 1838.)

    Murdock, John. Journal, ca. 1830–1859. John Murdock, Journal and Autobiography, ca. 1830–1867. CHL. MS 1194, fd. 2.

    Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

  2. [2]

    Nauvoo City Council Minute Book, 15 Feb. 1841, 8; see also Nauvoo City Council Rough Minute Book, 15 Feb. 1841, 5.

  3. [3]

    Nauvoo Mayor’s Court Docket Book, 27, 29, 30, 34, 38; JS, Journal, 21–23 Aug. 1843.

    Nauvoo Mayor’s Court Docket Book / Nauvoo, IL, Mayor’s Court. Docket Book, 1843. In Historian’s Office, Historical Record Book, 1843–1874, pp. 12–50. CHL.

  4. [4]

    Nauvoo City Council Rough Minute Book, 23 Oct. 1841, 26.

  5. [5]

    Discourse, 13 Aug. 1843–B.

  6. [6]

    According to one account, JS may have been serving liquor in the Nauvoo Mansion before this request. John Finch, a touring British disciple of social reformer Robert Owen, stayed at the Nauvoo Mansion from 11–15 September 1843. In 1844, he recalled his surprise that JS “kept an hotel, [and] sold and drank whiskey punch.” By at least 1 December 1843, the room in the southwest corner of the Nauvoo Mansion was known as the “bar room,” which at the time referred to “the inclosed place of a tavern, inn or coffee-house, where the landlord or his servant delivers out liquors, and waits upon customers.” (John Finch, “Notes of Travel in the United States,” New Moral World: and Gazette of the Rational Society, 5 Oct. 1844, 113; JS, Journal, 13–15 Sept. and 1 Dec. 1843; William Clayton, “Notice to Emigrants and Latter-day Saints Generally,” Nauvoo Neighbor, 20 Dec. 1843, [3]; JS to Ebenezer Robinson, Lease, Hancock Co., IL, 23 Jan. 1844, Newel K. Whitney, Papers, BYU; “Bar,” in American Dictionary [1841], 1:140.)

    New Moral World: and Gazette of the Rational Society. London, 1834–1837; Manchester, England, 1837–1838; Birmingham, England, 1838–1839; Leeds, England, 1839–1841; London, 1841–1845; Harmony, Hampshire Co., England, 1845; London, 1845.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    An American Dictionary of the English Language; First Edition in Octavo, Containing the Whole Vocabulary of the Quarto, with Corrections, Improvements and Several Thousand Additional Words. . . . Edited by Noah Webster. 2nd ed. 2 vols. New Haven: By the author, 1841.

  7. [7]

    Ordinance, 12 Dec. 1843, draft, Nauvoo, IL, Records, CHL.

  8. [8]

    Nauvoo’s charter authorized the city council to “license, tax, [and] regulate auctioneers, merchants and retailers, grocers, taverns, ordinaries, hawkers, peddlers, brokers, pawn brokers, and money changers.” (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

  9. [9]

    Nauvoo City Council Rough Minute Book, 12 Dec. 1843, 25. In a subsequent city council meeting, Harris indicated that he opposed the sale of liquor in the city. (Nauvoo City Council Rough Minute Book, 13 Jan. 1844, 43.)

  10. [10]

    Nauvoo City Council Rough Minute Book, 13 Jan. 1844, 44.

  11. [11]

    Mary Audentia Smith Anderson, “The Memoirs of President Joseph Smith,” Saints’ Herald, 22 Jan. 1935, 110–111.

    Saints’ Herald. Independence, MO. 1860–.

  12. [12]

    Minutes and Discourse, 29 Dec. 1843; Nauvoo City Council Rough Minute Book, 13 Jan. 1844, 43.

  13. [13]

    Nauvoo City Council Minute Book, 16 Jan. 1844, 201.

  14. [14]

    On 8 December 1843, the city council passed an ordinance titled “An Extra Ordinance for the Extra Case of Joseph Smith and Others,” which made it illegal for anyone to attempt to arrest JS in Nauvoo on charges related to the “Missouri difficulties.” At that same session, the city council granted JS exclusive authority to build and maintain a wing dam in the Mississippi River. The Warsaw Message claimed that, when taken together, these ordinances proved “how utterly regardless of all law and right & decency” the Nauvoo City Council had become. The Quincy Whig summarized the new liquor ordinance and, after recounting JS’s leadership positions over the Nauvoo Legion, the city, and his church, criticized JS for “stooping to the low condition of retailing Whiskey at a picayune a dram!” (Ordinance, 8 Dec. 1843; Nauvoo City Council Minute Book, 8 Dec. 1843, 192–193; Editorial, Warsaw [IL] Message, 17 Jan. 1844, [1]; “Nauvoo City Council—Gen. Joseph Smith—Special Privileges, &c.,” Quincy [IL] Whig, 27 Dec. 1843, [2], italics in original; see also Minutes, 8 Dec. 1843.)

    Warsaw Message. Warsaw, IL. 1843–1844.

    Quincy Whig. Quincy, IL. 1838–1856.

  15. [15]

    Editorial, Warsaw (IL) Message, 10 Jan. 1844, [2]; Editorials, Warsaw Message, 17 Jan. 1844, Extra, [1], [4]; “Westward Ho!,” Letter to the Editor, New-York Daily Tribune (New York City), 27 Jan. 1844, [1]. JS later claimed that Charles A. Foster authored the anonymous letter to the editor of the Daily Tribune. (JS, Journal, 7 Mar. 1844.)

    Warsaw Message. Warsaw, IL. 1843–1844.

    New-York Daily Tribune. New York City. 1841–1924.

  16. [16]

    “The Mormons,” Cleveland Herald, 24 Jan. 1844, [2]; see also, for example, “The Mormons,” Huron Reflector (Norwalk, OH), 30 Jan. 1844, [2]; and “The Mormons,” Lancaster (PA) Examiner and Democratic Herald, 7 Feb. 1844, [2].

    Cleveland Herald. Cleveland. 1843–1853.

    Huron Reflector. Norwalk, OH. 1830–1852.

    Lancaster Examiner and Democratic Herald. Lancaster, PA. 1839–1844.

  17. [17]

    Ordinance, 12 Dec. 1843, copy, Nauvoo, IL, Records, CHL.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Ordinance, 12 December 1843–C, Draft Ordinance, 12 December 1843–C, Copy
*Ordinance, 12 December 1843–C
Nauvoo City Council Minute Book, 1841–1845 Ordinance, 12 December 1843–C, as Published in Nauvoo Neighbor History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page 194

An Ordinance for the health and convenience of travellers, and other purposes.
Section 1
1

TEXT: Written in left margin.


Be it ordained by the City Council of the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, that the Mayor of the
City

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
be and is hereby authorized to sell, or give Spirits, of any quantity he in his wisdom shall judge to be for the health, comfort or convenience of such travellers or other persons as shall visit his
House

Located in lower portion of Nauvoo (the flats) along bank of Mississippi River. JS revelation, dated 19 Jan. 1841, instructed Saints to build boardinghouse for travelers and immigrants. Construction of planned three-story building to be funded by fifty-dollar...

More Info
from time to time
Passed December 12. 1843
Joseph Smith Mayor
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

View Full Bio
Recorder [p. 194]
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Source Note

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Page 194

Document Information

Related Case Documents
Editorial Title
Ordinance, 12 December 1843–C
ID #
8457
Total Pages
1
Print Volume Location
JSP, D13:370–373
Handwriting on This Page
  • Thomas Bullock

Footnotes

  1. [1]

    TEXT: Written in left margin.

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