The Story of the Mormons, from the Date of Their Origin to the Year 1901Linn, William Alexander
History
The Story of the Mormons, from the Date of Their Origin to the Year 1901
Linn, William Alexander
Latter Day Saints -- History; Utah -- History
A more remarkable scheme of independent local government could not
have been devised even by the leaders of this Mormon church, and the
shortsightedness of the law makers in consenting to it seems nothing
short of marvellous. Under it the mayor, who helped to make the local
laws (as a member of the City Council), was intrusted with their
enforcement, and he could, as the head of the Municipal Court, give them
legal interpretation. Governor Ford afterward defined the system as "a
government within a government; a legislature to pass ordinances at
war with the laws of the state; courts to execute them with but little
dependence upon the constitutional judiciary, and a military force at
their own command." *
* A bill repealing this charter was passed by the Illinois House
on February 3, 1843, by a vote of fifty-eight to thirty-three, but
failed in the Senate by a vote of sixteen ayes to seventeen nays.
This military force, called the Nauvoo Legion, the City Council was
authorized to organize from the inhabitants of the city who were subject
to military duty. It was to be at the disposal of the mayor in executing
city laws and ordinances, and of the governor of the state for
the public defence. When organized, it embraced three classes of
troops--flying artillery, lancers, and riflemen. Its independence of
state control was provided for by a provision of law which allowed it
to be governed by a court martial of its own officers. The view of its
independence taken by the Mormons may be seen in the following general
order signed by Smith and Bennett in May, 1841, founded on an opinion by
judge Stephen A. Douglas:--"The officers and privates belonging to the
Legion are exempt from all military duty not required by the legally
constituted authorities thereof; they are therefore expressly inhibited
from performing any military service not ordered by the general
officers, or directed by the court martial."*
* Times and Seasons, Vol. II, p. 417. Governor Ford commissioned
Brigham Young to succeed Smith as lieutenant general of the Legion from
August 31, 1844. To show the Mormon idea of authority, the following is
quoted from Tullidge's "Life of Brigham Young," p. 30: "It is a singular
fact that, after Washington, Joseph Smith was the first man in America
who held the rank of lieutenant general, and that Brigham Young was the
next. In reply to a comment by the author upon this fact Brigham Young
said: 'I was never much of a military man. The commission has since been
abrogated by the state of Illinois; but if Joseph had lived when the
(Mexican) war broke out he would have become commander-in chief of the
United States Armies.'"
Public-domain text, read in full here on John Shaqi.
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