History of the Church of Jesus Christ of Latter-day Saints, Volume 6Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 6
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
I have examined the claim of J. C. Bennett as brigade-inspector of
the Nauvoo Legion, and it is my opinion that the claim should be
disallowed.
{96} The Legislature, in giving authority for the organization of a
body of "independent military men" at Nauvoo, intended, no doubt,
that all expenses, &c., except "their proportion of public arms,"
should be defrayed by the city and its privileged Legion.
They occupy a novel position, disconnected from the military
communities of the whole State, and in no way subject to the
regular military officers, possessing an exemption even from
subjection to the general military laws, with a law-making power
invested in their own Legion. It is not reasonable to suppose that
the Legislature would confer so many exclusive favors, and yet pay
those who profit by this condition of things as much as is paid to
regular militia officers.
In the absence of any express provision by law to authorize the
payment of the claim, I can see nothing from which an authority of
the kind could be derived, and therefore advise accordingly.
J. LAMBORN, Attorney-General.
And copy of letter from J. N. McDougall to General W. L. D. Ewing:--
_Letter: J. N. McDougall to State Auditor._
SPRINGFIELD, ILLINOIS, Nov. 30, 1843.
_General W. L. D. Ewing, Auditor, &.c._--
I have examined the claim of John Bills, brigade-major of the
Nauvoo Legion, for services under the 53rd section of the militia
law, and have arrived at the conclusion that the Nauvoo Legion
are not to be considered as a part of the regular militia of this
State, and that the general law has no further application to
them than is expressly provided for in the law authorizing their
organization. The law providing for the organization of the Legion
making no provision for the payment of its officers by the State,
it is my opinion that the above claim ought not to be audited.
The Legion was organized by the City Council, is subject to
their control for the purpose of enforcing their ordinances. It
is entirely independent of the general military law, may have a
different organization, make laws for its own government, and seems
evidently designed to sustain the municipal authorities of Nauvoo.
If there are expenses to be paid, the municipality of which they
form a very important element, must meet them. I am, with great
respect,
Your obedient servant,
J. N. McDOUGALL.
Public-domain text, read in full here on John Shaqi.
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