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The Law and Lawyers

Away from the large eastern cities, "the contempt of law is greater than I can venture to state. . . . trespass, assault, robbery, nay, even murder, are often committed without the slightest attempt at legal interference." This observation by the visiting Mrs. Trollope may have been overstated for the nation as a whole, but it contained more than just a trace of truth in describing the American frontier. Besides preserving order in the lawless and demoralizing conditions of the Illinois frontier, the law in Nauvoo had other concerns. The first concern of law in American frontier towns was rehabilitation, not punishment. "The town," one historian wrote, "punished its offenders as a father punishes his children, in sorrow and love."

Although this generalization could be disputed, it does seem to be a creditable commentary about law in Nauvoo. The mayor, Joseph Smith himself, offers a refreshing insight by describing an incident that would have been tolerated, if not actually encouraged, in any town other than Nauvoo: "While the Court was in session, I saw two boys fighting in the street, near Mills' Tavern. I left the business of the court, ran over immediately, caught one of the boys (who had begun the fight with clubs,) and then the other; and, after giving them proper instruction, I gave the bystanders a lecture for not interfering in such cases." In most frontier towns, such incidents were common demonstrations of "manhood" for the participants and entertainment for the onlookers. The Prophet, however, considered his people unique, and their religion, he was determined, was to be a way of life.

Joseph Smith was concerned about his people and interceded if he thought he might set young people back on the right track. He had a progressive sense of law and justice, as he demonstrated in the case of two youths arrested by the county sheriff for the destruction of some farm property. When a Carthage judge sentenced them to six months in jail and fined them fifty dollars, the boys' father appealed to the Prophet, who went to see the judge. On being told the boys had to be taught a lesson, Joseph replied that jail was not the proper punishment-it could easily turn them into criminals. When the judge asked him what he would do, the Prophet suggested they be released in his custody and he would put them to work on Nauvoo's streets at wages of fifty cents a day to be used for reimbursing the farmer for his damaged property. That procedure would, at the same time, save the county the cost of housing the boys in jail. The record indicates the boys learned well their lesson, and perhaps the Carthage judge did also.

Because of the pervasive influence of the Church, Nauvoo law was unique among American cities in another way. For example, the first court trials in Nauvoo were held by the Church, which continued to hold trials even after a municipal court was established. For lesser offenses, such as trespassing or slander, the case was tried before the ward bishop. More serious offenses were tried before the stake or the general Church authorities. In all cases, the supreme authority was the Prophet, and given his acute sense of justice, this arrangement was highly satisfactory to the people.