Mormon History
Special Privileges of the Nauvoo Charter - 1844
Warsaw Messenger – February 21, 1844
The Nauvoo Charter.
Much has been said in this community, in
relation to the Nauvoo Charter -- one party contending violently, for its
repeal, and others, urging that the Charter is in itself unobjectionable -- and
that a repeal would be attended with no beneficial effect. As for ourselves, we
are of the opinion that the existence of these chartered privileges in the
Mormons, is one of the most fruitful causes of the animosity existing between
them, and the Old Citizens. As much interest has been manifested on this
subject, we propose in this article to present what we conceive to be a proper
view of the case.
We have found in conversation with intelligent individuals, that doubts exist,
as to the right of the Legislature to repeal this Charter. They urge it would be
an interference with vested rights -- and to repeal it, although beneficial, in
this case, would be deleterious as a precedent. Now, this argument is based
entirely on ignorance of the distinction which exists between the various kinds
of Corporations....
But there is another view of the case. We hold that the Mormons have transcended
their chartered powers -- knowing that they had no shadow of authority for the
passage of many of their ordinances. Some however, pretend to believe that these
ordinances were passed because the Mormons did not understand the true
limitation and provisions of their Charter. Now we hold it to be an
incontrovertible maxim that "we should not give the sword to knaves, or power to
fools." If the Mormons knowingly and knavishly transcend the limits of their
Charter, using it for purposes not contemplated by the Legislature -- converting
the bread that was given for their nourishment into a stone wherewith to wound
their benefactors, would it not be just as reputable to grant chartered
privileges to a band of blacklegs or horse-thieves as to such men? On the other
hand if the Mormons are not capable of understanding their charter -- so stupid
that they cannot comprehend the "King's English," would it not be quite as
sensible for the Legislature to grant extensive corporate powers to a band of
idiots, or babes, who are utterly incapable of construing them, and whose
blundering would be a source of annoyance to all who happened to be so
unfortunate as to live in their vicinity. Take which horn of this dilemma that
you please. If the Mormons have palpably transcended their corporate powers,
they have either done it knavishly or because they are to great fools to
understand them. Who would wish to give extensive corporate power to knaves?
None! How much more sensible then is it, to give them to fools. Trust not a
knave, for he may injure you for his own benefit. Trust not a fool, for like the
Indian's white man he is very "unsartin,"
There is but one way to evade this dilemma, and that is by assuming (terrible
assumption) that the Mormons are neither knaves or fools, that they have
exercised no power but what is rightfully delegated to them by their Charter.
Well then, if they have power under their Charter, to pass such ordinances, as
some that have emanated from their Council, we say that such privileges should
not be delegated to any body of men, in any civilized community. If the Mormons
have these powers we have a sovereignty within a sovereignty -- the creature
having power to annul the laws of the creator.