There was a contribution given by the people of Nauvoo to assist the community to purchase the Temple property

Transcription

1 There was a contribution given by the people of Nauvoo to assist the community to purchase the Temple property testimony of Bartholomy Serreau [Nauvoo] The original detailed historical MANUSCRIPT DEPOSITIONS SIGNED by Icarians and their attorney, in the lawsuit which secured the Nauvoo Temple lot and related properties to the Icarian Society, enabling the continuation of this famous communitarian movement well beyond the 1856 death of their founder, Etienne Cabet. "Mayors Office of the City of Nauvoo, Hancock County, Illinois," August 3 September 30, Approx. 32 X 21 cm. and other sizes. Approximately 27 pages of manuscript, as follow: 6 substantial MANUSCRIPT LEGAL DEPOSITIONS in the hand of the Justice of the Peace, signed by the deponents. 20½ tall pages on 12 leaves. :: preceded by :: the Icarians' attorneys' SIGNED MANUSCRIPT NOTICE of the proceedings (on a shorter leaf of blue paper, 1 page); :: the whole followed by :: the deposing justice's SIGNED, MANUSCRIPT HISTORY of when and how these depositions were taken (1½ tall pages on one leaf, including fees);

2 :: together with :: 2 2 somewhat shorter leaves written front and back as MANUSCRIPT EXHIBITS A AND B (total of 3 pages of writing, on 2 leaves), :: and :: 2 PARTLY-PRINTED WITNESS SUMMONS SLIPS fully accomplished in manuscript front and back, for a total of nine witnesses desired to be summoned (not all of whom were actually deposed, including one whose name is lined out in pencil). Medium wear, but in generally very good, stable condition. the collection: $12,500 D ETAILS PRESERVED HERE regarding the temple lot and other Icarian real estate and property are surely unknown to most historians. Much of what is preserved here in such depth could hardly be available anywhere else. These deposed testimonies were taken down by a justice of the peace, and then signed by each witness. At this crucial turning point of Icarian history, the Icarians' attorneys ("Morrill & Hooker") were seeking evidence here that, although the late Etienne Cabet had originally purchased the Icarian properties in his own name (before the Illinois legislature had incorporated the Icarian Society), this had been done using community funds and not Cabet's own money - and that furthermore, it was always understood and agreed that the properties belonged to the entire community, and never to Cabet personally. Still present with these papers is those attorney's handwritten notice to the family heirs of Etienne Cabet, affixed to the first page of depositions and SIGNED IN RECEIPT of a copy thereof, on its verso, by the Cabet heirs' attorney. In the lower left margin of the notice is a note written horizontally: "opened by leave of court & filed Oct , S R Davis clk." BACKGROUND: Etienne CABET ( ) was an important and widely influential French utopian socialist or pre-marxian "communiste."... He was elected to the chamber of deputies in 1831, but his bitter attacks on the government resulted in his conviction for treason. He escaped prison by exiling himself to Great Britain ( ), where he developed a theory of communism influenced by Robert Owen. Cabet's Voyage en Icarie (1840) depicted an ideal society in which an elected government controlled all economic activity and

3 supervised social affairs, the family remaining the only other independent unit. The book was extremely popular, and Cabet gained many followers. A group of them attempted unsuccessfully (1848) to found an Icarian community on the Red River in Texas. The next year Cabet established a temporary colony at the old Mormon town of Nauvoo, Ill., but serious dissension arose in 1856, and he was not reelected president. He died soon after in St. Louis. Most of the Icarians moved to lands they had purchased near Corning, Iowa, where branch communities survived until Other works by Cabet include Histoire populaire de la Révolution française (4 vol., ), Colonie icarienne aux États-Unis d'amérique (1856), and Le vrai Christianisme suivant Jésus Christ (1846). [ accessed November 27, 2010] 3 "In 1833," adds The Great Soviet Encyclopedia (1979), writing from a decidedly Marxist perspective, he became the publisher of the journal Le Populaire. Because of repression he emigrated to Belgium. In 1834, Cabet went to live in Great Britain, where he became acquainted with R. Owen. In [18]40 he wrote the book How I Became a Communist and the novel Voyage to Icaria (Russian translation, vols. 1-2, 1935). In the novel, Cabet depicted communism as an association founded on social equality, brotherhood, unity, and democracy in accordance with the principles of reason and the demands of nature. Cabet s Utopia had petit bourgeois features, such as the equalization of consumption, the preservation of privately owned agricultural enterprises, and the preservation under communism of a pantheistic kind of religion. He believed that communism could be achieved through persuasion and peaceful reforms. As a whole his Utopia has much in common with the views of 18th-century Utopian communists. In comparison with the teachings of the most important socialist thinkers of the first half of the 19th century, Cabet s Utopia represented a step backward. However, because of the undeveloped class consciousness of the proletariat at that time, his Icarian Communism was widely accepted by French artisans and workers. K. Marx characterized him as being France s most popular, although the most superficial, representative of communism (K. Marx and F. Engels, Soch., 2nd ed., vol. 2, p. 146). In 1843, Cabet began publishing The Icarian Almanac [ibid.] For a Mormon-based historical overview, we can turn from the USSR to Salt Lake City where Glen M. Leonard's Nauvoo: A Place of Peace, A People of Promise was published by Deseret Book Company in 2002, with a substantial summary of the Nauvoo Icarian period, pp Leonard explains that after an abortive attempt to establish their colony in Texas, some 300 Icarians moved with Cabet to Nauvoo in 1849, where they "purchased abandoned houses for back taxes, rented eight hundred acres of farmland in Illinois, and later bought three thousand acres near Corning, Iowa." (p. 628) "The Icarians," he continues,

4 acquired the temple in March 1849 for the minimum established by the trustees, two thousand dollars. Before they could realize their plans to restore the gutted structure as a meeting hall, dining hall, and school,... [o]n the afternoon of June 27, 1850, a fierce windstorm toppled two walls of the temple and left a third unstable.... To save their investment, the Icarians salvaged the shaped temple stones for use in a communal dining hall, a boarding school, and other buildings. [p. 629] 4 While Leonard reports that the Illinois "legislature rejected the Icarians' request for a city charter in February 1851," (p. 629), the manuscript testimony here makes it clear that the legislature did at least grant incorporation to what became known legally as the "Icarian Society." Life was by no means easy, of course, but the members were devoted to their "communist" ideals, and they were highly industrious... These temporary setbacks did not deter the Icarians from pursuing their dream. Residents and visitors alike complimented them on their orderly, industrious, virtuous approach to life. At Nauvoo, they operated a sawmill, a large flour mill, a brewery, a distillery, two weekly newspapers (one in French), and a communal vegetable garden and orchard. They exported local products to St. Louis. They preached against smoking, dressed uniformly and simply, ate in a common dining hall, emphasized education, and resolved community issues through deliberation and arbitration. [Leonard, 630] Then, rather suddenly, general economic challenges were compounded by equally serious administrative disputes. In 1856 the community divided, and Etienne Cabet with his closest adherents left Nauvoo to regroup in Missouri - angrily taking with them the deeds to the Nauvoo lands which were still in Cabet's personal name. It is in regard to the remaining Society's presumed (but now threatened) holdings that the present papers relate. Earlier, Cabet had needed to go back to France in 1851 to defend himself from charges pending against him there. After he cleared his name and returned to Nauvoo, he seems to have exerted such dictatorial powers over the community that they voted him out of his office of President of the Society. In the fall of 1856, therefore, with a third of the community, Cabet moved to the St. Louis area where he then promptly died. This would prove most inconvenient to the other Icarians, who still viewed themselves as the true Society, but who now wanted to liquidate their Nauvoo properties and move to their more extensive and promising lands already developing in western Iowa: The majority group of 250 members... remained in Nauvoo for a short period after Cabet and his followers had left taking with them the account books and other legal documents of the commune as a "means of punishment." The economic situation deteriorated further, but contrary to expectations no

5 ideological revision followed the unreasonable steps of the aged leader; in spite of the struggle and schism the Nauvoo commune members regarded themselves as loyal Icarians. They were led by two ideologists, Gerard and Marchand, who had both been among the founders of the Icarian movement in France. The limitations of economic development in Nauvoo prompted the commune to speed up the transfer to their lands in Iowa, where a group of 18 members were clearing the land. They had to prove their ownership and, lacking the purchase deeds which Cabet had removed, they were faced with a prolonged lawsuit which they finally won. The land was theirs but the commune was heavily in debt. In 1857 the Nauvoo property was estimated at $60,000 while their debt was about $19,000. Yet they decided to move the commune from Nauvoo to Corning in Adams County as soon as possible, and in 1860 the whole community transferred to Iowa. [Yaacov Oved, Two Hundred Years of American Communes (New Brunswick, New Jersey: Transaction Publishers, 1988), 202.] W ITH THIS BACKGROUND, we can understand and appreciate the valuable historical archive presently at hand. PROVENANCE: The present owner's father obtained these papers in Illinois approximately eighty years ago (during the late 1920s or early 1930s), and they have remained in the family since that time. 5 CAST OF CHARACTERS: All but one of the following people have SIGNED the various documents present here (transcribed below in the signers' own spellings of their names, where readable). A few appear in a list of Icarians by Ida Blum, Nauvoo, Gateway to the West (Carthage, Illinois: Mrs. Carl J. Blum, 1974), pp THE DEPONENTS: Milton M. Morrill, solicitor for the Icarians (attorney at law, age 37, Nauvoo resident. Became acquainted with Cabet at Nauvoo in 1849 and knew Cabet until he left Nauvoo in the fall of 1856.) Theodore Deffauday [Blum says Defaudey] (shoemaker, age 65, Nauvoo resident. Knew Etienne Cabet in France beginning 1835, and until Cabet left Nauvoo) [intended to be signed by Bartholmy Serreau] [sic, not found in Blum; so spelled by the judge, but a space is left at the end of the deposition for his final answer, and it remains blank, with no signature] (tailor, age 37, Nauvoo resident. Was with Cabet 2½ years, first met Cabet in Paris, 1848; has not seen him since 1851) J[ean] B[aptiste] C[asimir] Caudrun [Blum says Cauldron] (miller, age 39, Warsaw resident. Knew Cabet from 1846 in Paris until Cabet died in 1856.

6 Thomas Sterck [?, signature poorly written; Blum says Sterck] (merchant, age 39, Nauvoo resident. Met Cabet in 1841 in Paris and remained acquainted with Cabet until he died in 1856) 6 Louis Cudard [not found in Blum] (confectioner, age 49, Nauvoo resident. Met Cabet "on the 14 th March 1849 when he came to Nauvoo[,] i knew him untill he left Nauvoo in 1856") OTHER SIGNERS: R. W. McKinney, solicitor for the Cabet heirs Warrick M. Cosgrove, Justice of the Peace, Hancock County, who took these depositions. John Himrick, Constable (signing on verso of each summons, with reports of his actions) EXHIBITS A AND B are provided by different deponents, in differing handwritings, comprising a same text, copied from an April 26, 1851 issue of the Popular Tribune (Icarian newspaper, Nauvoo), entitled: "The history of the Icarian Community (10 th article)." This outlines the incorporation and officers of the community. Most crucially, it reports that,... previous to his taking leave of the Society, for a temporary absence, M. Cabet repeated in the presence of the Trustees and the Community assembled, that the whole of the property real or personal, bought or rented by him in his name in the United States of America, has been purchased or rented by him for the Icarian Community, that the whole of this property belongs to the said Community and that he cedes it to the said Community as the sole proprietor. THE DEPOSITIONS: The various deposition sessions posed the same initial questions to each deponent. However, the first deposoition is the longest, questioning attorney Merrill at great length, even exercising such fine points as whether Merrill had conversed with Cabet in French or in English. Deposition of Milton M. Morrill... Interogatory 3 rd State whether you ever... heard him [Etienne Cabet] converse with others in relation to the ownership of the property at Nauvoo... who furnished the means to purchase the same... and was the said conversation in the English or the French language...

7 Answer 3 rd... frequently... he has said to me and i have [heard] him say to others that it was purchased ^for^ by the Icarian Community and belonged to them[,] that it was purchased by with money of said community and monies that was donated to said society by friends of said society in France[,] that said titles was taken to said Cabet as trustee for said community or to be held for the use of said community i conversed with him through an interpreter he speaking the french language generally I have sometimes talked with him in the english language upon the same subject and always understood the same thing... 7 Interogatory 7th State whether you ever saw an article published in the Popular Tribune of the 26th of April 1851 relating to the act of incorporation - their organization and election under it and the statement of M r Cabet in relation to the property... ([in another hand:] objected to by defendant) Answer.7. I have seen said article a copy of which is hereunto attached and made a part of this deposition marked Exhibit.A. A short time before Cabet left for France in 1851 I heard him speak about making such a statement and said he should do so and publish the same before he left for France so that in case of his death while he was gone facts relative to said property should might be known... Interogatory 9th State whether or not you ever heard Etienne Cabet say any thing in relation to his having exhausted all his private means in propogating his doctrines of communism before coming to America and that the means with which they came to America and with which their first property at Nauvoo was purchased was contributed by the members of the said community and their friends of his doctrines of Communism... ([in another hand:] objected to by defendant) Answer.9. I have heard him talk about having exhausted his means in France before he came to this country in propogating his doctrines but I cannot state particularly what he stated about it[.] I have frequently heard him say that the property at Nauvoo Illinois was purchased with the monies of the community and monies donated to them by their friends in france... [in yet another hand along left margin:] Answer objected to In a "Cross Interogatory," Mr. McKinney (presumably; acting for the Cabet heirs) revisited the subject of Cabet's fluency in English, no doubt hoping to weaken Mr. Morrill's testimony. We are therefore treated to testimony by Cabet's own American lawyer regarding an interesting aspect of life in Nauvoo after the exodus of the Mormons: Did this important and powerful citizen speak to his American neighbors in French or in English? In the reconstruction of history, this is the kind of fresh data - upon small but solid points - that historians cherish, and which would not be easy to obtain elsewhere from such a qualified source. This topic fills most of the verso of leaf "3," including the following...

8 I could transact any ordinary business with him in the English language - I think he could converse in the English language inteledgibly without the assistance of an interpreter The first conversation i had with him upon the subject was through an interpreter[.] Other conversations i had with him upon the same subject some was through an interpreter and some was not 8 Deposition of Theodore Defauday. This first Icarian to be deposed clearly recalled Cabet expressing "in nearly all of their meetings" that the real estate - though held in his name - was the property of the Icarian Society,... that when he went to France he would make the title to the Society and always said he was a partner of the Society - every one gave out of his own purse... it was said in the French language in their meetings... Defauday must have had a falling out with Cabet after coming to America, since he states that he is not a member of the Icarian Community, and has no financial interest in the outcome of the lawsuit (leaf 5, verso). But he introduces a fascinating bit of history that will be substantiated by subsequent deponents... Interogatory.7. State whether or not any contributions were made or money given to assist in purchasing the property described in said bill[;] if Yea who gave the money and what amount and to whom was it given Answer.7. There was some subscription made by the citizens of Nauvoo for the community[;] i do not recollect the exact amount and do not know who received the money. In cross-interrogation, the Cabets' attorney seeks to dilute Defauday's information: Cross Interogatory.3. Do you know of any other persons besides members of the Icarian Community who contributed means for the purchase of said property... Answer.3. I know a good many subscribers in france I do not know the amount, they were generally mechanics who contributed every month from Twenty to Forty cents[.] I can not give their names there were Thousands of them Cross Interogatory.4. Was not the larger part of the means used in the purchase of said property furnished by persons residing in france who were never members of the Icarian Community Answer.4. There was means given by persons who afterward did become members of the community[;] others gave and never joined the community

9 9 Cross Interogatory.6. Was not one half of the means used for the purchase of said property furnished by persons who never belonged to the community Answer.6. I do not know whether or not Theodore Defauday Deposition of Bartholomy Serreau... Answer.3. rd I have heard Etienne Cabet say that he did not buy the property for himself but for the community the money was furnished by the members of the Society[.] I gave some and all gave[;] he would receive no members without they gave Money the title was taken to him because it could not at that time be made to the community, but said he would at a proper time make it over to the community it was in the French language I heard him say so when the property was bought in 1849 in Nauvoo before the whole assembly Answer 4 th I never heard him say any thing about bringing money into the community he never gave any thing but his services. I do not know if he had any means or not Answer 5 th There was a contribution given by the people of Nauvoo to assist the community to purchase the Temple property i can not say the exact amount it was given to Cabet for the use of the Community Deposition of Jean Baptiste Casimir Caudrun... Answer 3 rd... Cabet said and I heard him say frequently that the property was purchased for the use of the community the members of the Icarian Community furnished the means to purchase the property - the title was made to him as the president of Said Community for their use it was in the french language I have heard it at several times in the Said Nauvoo previous to his going to france in the Year 1851 Answer 4 th I knew a paper published at Nauvoo called the Popular Tribune - Ettienne Cabet was the Editor of said paper and he had control of said Paper and of all the articles published in the said paper and it was published for the propagation of the principles of the Icarian Community it was published I think from 1850 to Answer 8 th I understand he [Cabet] is dead and died in St Louis in the fall of 1856 he was not a member of the community at the time of his death as I know

10 of I understood he was Expelled from the community I have no Record under my control of his Expulsion or Withdrawal 10 Answer 9 th A Contribution was given by the inhabitants of Nauvoo I understood the amount to be One Thousand Dollars it was given to the Community for their use Deposition of Thomas Sterck... Answer.3 rd I have heard him [Cabet] say that he had purchased in his own name for the use of the community the said property in Nauvoo before the Charter was obtained from the legislature of Illinois the means was furnished by the members of the said community to purchase the same and Cabet said the whole property was taken in his name because the community had not yet got a charter... Answer 4 th I knew a paper published at Nauvoo called the Popular Tribune I heard Ettiene Cabet say that he was the editor and had the control of said paper and all the articles published therein Said paper was published in the year 1851 Answer- 6 th I did see an article published in the Popular Tribune of April 1851 relating to the incorporation of the Icarian Community [,] their organization and incorporation and election under it and in relation of the property occupied by the said community I have read said article a copy of which is hereunto attached and made a part of this deposition and Marked Exhibit.B. Answer- 7 th I never heard him Ettiene Cabet say anything in relation to means brought by him into the community of Nauvoo I believe he never brought One Dollar of his own into the said society Answer- 8 th From the best of my information i believe he [Cabet] is dead and died in S t Louis in the year 1856 he was not a member of the community at the time of his death he was expelled from said community as I have read, a record of his expulsion a copy of which is hereunto attached and made a part of this deposition and marked Exhibit.C. [but no longer present with these papers - RG] Answer 9 th The citizens of Nauvoo Subscribed one Thousand and paid into said community for the purpose of buying the temple Square

11 11 A portion of the deposition of Thomas Sterck, Nauvoo merchant, age 39, who knew Cabet from 1841 in Paris until Cabet left Nauvoo and died in Taken at Nauvoo, September 29, 1858 Deposition of Louis Cudard... Answer- 2nd I knew Ettiene Cabet in his life time i became acquaint[ed] with him on the 14th March 1849 when he came to Nauvoo i knew him untill he left Nauvoo in 1856

12 12 Answer- 3 rd - I have conversed with Ettiene Cabet in relation to the ownership of the property at Nauvoo he told me he purchased it for the community and took the title in his name as president of said community because they had no charter - I know that the citizens of Nauvoo furnished One Thousand Dollars towards the purchasing of said property for the community and I myself paid ten dollars of that amount the receipt thereof is hereunto attached and made a part of this deposition and marked Exhibit.D. [but no longer present with these papers - RG] - Said conversation was in the french language at two different times once in my own house and once on Mulholland Street in Nauvoo