On the death of Col. Allen the question of succession in command was considered. It appears that this subject was mooted at the time the companies of the Battalion were enlisted; and "Col. Allen repeatedly stated to us," says Brigham Young, "that there would be no officer in the Battalion, except himself, only from among our people; that if he fell in battle, or was sick, or disabled by any means, the command would devolve on the ranking officer, which would be the Captain of Company 'A' and 'B', and so on according to letter." The Battalion appears to have had the same understanding, for at a council meeting of the officers it was agreed by them that Captain Jefferson Hunt, of Company "A", should assume command, which decision was afterwards sustained by the unanimous vote of the men. Meantime, however, Major Horton, in command at Fort Leavenworth, sent Lieutenant A. J. Smith, of the regular army, to take command of the Battalion. This led to a threatened complication; for an appeal to such written military authorities as were available to the officers of the Battalion, left them hopelessly divided in their conclusions. On the arrival of Lieutenant Smith a council of officers was held in which the Battalion officers demanded to know what reasons existed for their acceptance of him as commander rather than Captain Hunt. To which it was answered that the government property in possession of the Battalion was not yet receipted for, but that Lieutenant Smith could receipt for it, and being a commissioned officer of the regular army, he would be known at Washington, and his actions and orders recognized; whereas the officers of the Battalion had not yet received their commissions, and it would be doubtful if their selection of a commander would be approved. After this discussion Captain Hunt submitted the matter to the officers, and all but three voted in favor of accepting Lieutenant Smith as the commander of the Battalion.