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University BYU ScholarsArchive

Theses and Dissertations

1974

A History of the in

John Sweeney Jr. - Provo

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BYU ScholarsArchive Citation Sweeney, John Jr., "A History of the Nauvoo Legion in Illinois" (1974). Theses and Dissertations. 5155. https://scholarsarchive.byu.edu/etd/5155

This Thesis is brought to you for free and open access by BYU ScholarsArchive. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. s3jsajy w A HISHISTORYtociTOVi OF THE NAUVOON 700pootoo LDQION IN ILILLINOIST JNJOJS 7 0

A thesichesithesisS presented to the department of church history and doctrine brigham young university

10

in partial fulfillment of the requirements for the degree mastedmaster of arts

by john sweeney jr april 1974 this thesis by john sweeney jr i313ia accepted in its presentp-resent form by the department of church history and doctrine in the college of religious instruction of brbrighambrtghamlghamelgham young university as satisfying the

1 thesichesithesislsl s requirements for the degree of maslermaster of arts

axi7xi A garlandegaryandegatyGarygaryandejc6onAndey on committeey chairmany zz azm L COhannon e memberememberdemember 11ruhyum andrus conimitteeitt fo atsgimAIM nfseerees datoyDat fts tfslamar cy3errett departmentdepa rtment chairman

ii acknowledgments

credit for the accomplishment of this work must go to others besides the author it has becentebecomebeconte increasingly clear thcjhcthatchatalt many people have assisted in the culmination of this work to my wife joyce and our children who have offered encourage- ment and displayed patience and understanding as the research and writing has progressed I1 express my gratitude to the members of my mnitteemanitteecommitteeco dr A garygarv anderson and dr hyrum l- andrus I1 am also indebted for their worthwhile suggestions0 and criticisms the church historical department of the church of jesus christ of latterlatterdayday saints has been ostmost cooperative ardand helpful in allclallceallowingrindring valuable records available for this study it is also appropriate to extend appreciation to the church board of education whose concern for its employees has been one of the chief factors in permitting pursuit of this degree and thesis

iii TALEiiilialka daitdkit OF CONTENTSCONTEILITS

page

LIST OF FIGURES chapter

1 introduction 1

OF 202 0rarORIGINSGINS THE LEGION 6 0 0 0 0 9 3

3 NAUVOO LEGION organization AND STRUCTURE 19

OFFICES OF THE NAUVOO LEGION 25 lieutenant general 25

major general 25 drill officer 25

surgeon general 0 11 0 0 25

quartermaster generalgenera 26

paymaster general 0 4 0 26

commissary general 26

judaejudge advocate 26

inspector general 0 41 0 a 10 0 4 0 6 0 0 27 secretary of the court martial 27 brigadier general 27

brigadier major 0 0 0 0 0 0 0 4 27

brigade judge advocate 0.0 0 41 0 0 0 0 0 d 0 & 0 28 brigade inspector 28 division or cohort quartermaster 28 colonel 28 iv v chapter Ppage0 ge lieutenant colonel 28 regimaregimregimentsntalantal judge advocate 28

regimental adjutant 0 28

regimental paymaster 0 0 29

regimental surgeon 29

regimental quartermaster 29

sergeant major 29

adjutant general 29

quartermaster sergeant 0 0 0 9.9 30

cornet 0 0 0 0 0 30 chaplain 30 chief musician 30

ma 10 19 10 maiormajorj or P 0 0 0 0 0 0 9 4 0 30

battalion adjutant 0 31

aideaidedecampde camp 0 31

captain 0 0 9 0 0 P & 0 31

first lieutenant a 0 31

second lieutenant 0 31 third lieutenalieutenanlieutenantLieutena nt 31

sergeant 0 0 0 0 0 0 0 0 9 0 0 0 fv 0 0 31

corporal 0 0 32

private 32

ensign 32

pioneer 0 0 10 0 0 0 0 9 0 0 32

color bearer 33

4 establishing AN ARMYARMIV 37 vvii chapter pascPpasopagoa S

A MORE P 5 pertePEFXEPERFECTT organization 0 9 0 0 a 52

6 110HO w URGE WAS THE NAUVOO LEGIONLEGIONT 68

7 NAUVOO LEGIONLEGICIN OFFOFFICERSICERS 74

S THE NAUVOCNAUVOO BRASS BAND v 0.0 0 0 79

909 1843 A YEAR OF TROUBLE AND harassment 85

10 impressions OF THE NAUVOO LEGION 100

311311 1844 FURTHER TROUBLES AND disbandment 110

12 STRUGGLE FOR SURVIVAL AND conclusion 129 bibliography 3e34r appendixes 145

AA APPENDIX A 0 0 0 0 a a 0 0 0 0 0 6 0 0 0 a 0 ill146

APPENDIX B 150

APPENDIX C W 0 0 0 0 0 1 0 152

APPENDIX D 154

APPENDIX E 159

A A D 10 APPENDIXPPEN I1X F 0 0 0 0 162

APPENDIX G 166

APPENDIXA PP el1111dix H 169

APPENDIX I1 176 APPENDIX J 179

APPENDIX K 0 & & 0 0 0 it 0 lp 209

APPENDIX L 211 LIST OF FIGURES figure page

irI1 basic militamilitcmilitarytry structuresf uchuructur of the nauvoo legion 33 2 staff of the lieutenant general 33 3 staff of the majormejor general 34 4 cohort or brigade organization 34

5 regiment organization 9 & 35 6 battalion organization 35

7 7I1 V company organization a a 35 8 legion court of inquiry and assessment of fines 36061 9 regimregimentregimentalent al court of inquiry and assessment of fines 36 10 formation of may 7 1842 sham battle 57

vilvii CHCHAPTERi PTIE R I1

introduction

As the latterlatterdayday saints labored to establishLJ a city adjacent to the mississippi oviverlfliveapviverr their successes and complishinentsaccomplishmentsac were occasionally envied and admired the nauvoo legion was one of the most unusual institutions of that era As described in this study the legion was loved respected and praised by many in illinois both mormon and nonnonmormonmormon alike but many citizens living in hancock county and other areas of illinois despised and abhorred its military power and potential this adamantadament disapproval and its attendant hostility culminated in the final abolishmentabolishmenf of the nauvoo legion despite its short fouryearfour year existence however the legion made ranidrapid advancements yet no single comprehensive analysis and history has been written of this unique army the purpo-purposese of this work therefore has been to study and clarify how the legion began and evolved its birth its life and its demise the fouryearfour year period under study begins in december 1840 and concludes for all practical purposes in january 1845 some of the material discussed during these years includes an account of the nauvoo legions organizorganicorganizationatlon its consconstitutiont 1itutatut ionlon and minutesminuces its known officers dress and other military standards orders parades musters arrange ment of the Legionlegionsts cohorts and companies its role during the martyr- dom court martialsmartialemartials andaridarld a yearbyyearyear by year analanaianalysislysis of its activities

I1 2

in historichistoricslhistoricalhiston icalsl research an authors findings are often limited by the avalavailable1 lablelabie records and materials pertaining to his area of study this has been true in delvdeivdelvingng for facts regarding the nauvoo legion uhliewhile considerable useful material has been discovered there still remain some facts about the legions history that may never be known it has benbeen discdiscoveredvered for amp1eexampleampleampie that many pages of minutes from courccouacCOU-AC martialsmartialemartials and other vital lleemeetingsineeulee lingstings have eithereicheretcherelcher been lost or misplacemisplaceda soiaesoicesoiiie have appdreaclyappa Arestlyreutly beeibeelbeekibecki discarded as insignificant additional evidence has probably been permanently lost by natural calamity since the rank rolls listing all of the legions officers and men were not preserved it is impossible to determine a complete roll of all who belonged to the legion there are also deficient details of parades and other activities of the companies and cohorts within the legion inln spite of these research handicaps it has been most gratifying to discover much exciting information about this legion of nauvoo to the knowledge of the author this is the only work of iits kind although a few magazimagadimagazinef ne articles and scattered chapters in published and nonpublishednon published works briefly mention the legion and part of its history this is the only study which embraces the known legion activities there is a thesis covering the administration history of the nauvoo legion as it existed in but little material in that work pertains directly to this study it is hoped therefore that this thesis will be a worthwhile contribution to ones increased understanding and appreciation of a memorable institution in the mormon past the nauvoo legion CHAPTER11alxl I1 TE 1zaz III111 I1

ORIGINSOIRIGINS OF THE eglonEGIONLEGIONI1ij

previdiprevioipreviousis to the twentieth century latterlatterdayday saints were sub- jected to dobbingsmobbingsmob bings oppression and abuse even the novice historian is familiar with the persecutions that have almost constantly plagued the latterlacterlatterdaylcitteretterecter day saints there are several reasons why the were driven and plundered beaten anda nd harassed but undoubtedly one of the most crucial factors was the emergence of mobs the mormons were forced to submit to the demands of their persecutors and since the members of the church could notnoc and in some instances would not defend them- selves and contend with their enemies they hadbad little alternative but to travel to new lands the11 he sheer overwhelming numbers ofor opposing forces in ohiounio and illinois were a critical ingredient in generating and producing the mormon migration prior to the utah period the latterlatterdaylatterclaydayclay saints were as cognizantcognizanc of this persecution as anyone some of the mormon leaders were so weary of being mistreated they had stated their determination to fight to their death rather than submit to further persecution 1 and to avoid such a fate from descend- ing upon them the latterlatterdayday saints undoubtedly desired to find a secure protection from the influence of mobs

I1 history of0 the church of jesus christ of latter davdevdaydby saints ed BH roberts and2nd ed rev SLC 1966 vol 6 p88 hereafter cited as hscHC

3 4

I1 1 C IL A 1 L ale1leI1 l 41 it was teCIie plitalityhospitalityho Uof neinelneighboringI sae illinois11 0O lsS theath6athatchetchedt prprovided0v cd anan opportunity for this protection the people ol01of7 I1illinoisll inolanoli s elcomedwelcomedw the mass movement of theche mormons into their state for several reasons the pepoliticalI1 itical motives of tthellelie tiigsteigswhigs and democrats both extremely anxious to win the mormon vote and favor cannot be overlooked nor can one ignore the twelve and onehalfone half million dollar debt of the state or the intensive road buildtbuildibuildingag dralvedrive being waged throughout illinois doubt- less there was ample ladiad and unquestionably ancanuan abundant need for an industrious citizenry like the mormon people and in fairness to the 111intoitilliaoisanssans itft is concedeconceded I1 that some did exhibit genuine sympathy andalid 2 cornCormcompassioncormpassionpassion for the mormonv11 ormon hardships in nisHismissourisouri shortly after the latterlatterdayday saints entered illinois the illinois legislature granted the nauvoo community three charters one allowing incorporation of the clcityityicy one for a university at nauvooonauvoo and the third permitting the establishment of the nauvoo legion this act gave the inhabitants of nauvoo full rights and ample privileges within their newfoundnew found city in the fall of 1840 dr john ookcook bennett a new convert to taorbaorMormonimormonisnionanismsuisnisut was dispatched to the state capital at springfieldsprcprI1i ngfieldengfield to lobby for the passage of the charters but the prominent role of joseph smithsmichsm th in molding the design of the charters was revealed by himself the city charter of nauvoo 11 joseph smith wrote is of my own plan and device I1 concocted it for the salvation of the church andannd on

29 RH roberts A bonareconarecomprehensivecensivehensive history ofofF therr church of jesus christ orof latterlacterltteraada y sainsciintjs 6 volumes provo utah brigham young lynuniversityversitv press 1965 appp 121412 14 5C principles so bro sdd chatchacbacmac every honest rannanman might dweawedwell11 secure under

5 1 1 13 its protective influencein lieticeleetice sithwithwithout0ut distinction1 of sect or party

4 the prophet1 also mentioned the signsign4significant0 ficentdicent role and extreme r Afairnessairness of the state legislators in awarding these rights in a general proclamation of the first presidency in january 1841 this quorum expressed theircheir gratitude we would likewise make mention of the legislators of this state who without respect to parties without reluctance freelyifteelafteellyt openly boldly and nobly have come forth to our assistance owned us as citizens and friends and took us by the hand and extended to us all the blessings ofOKC civilc ivi I1 political and rellreilrelireligiousi g flousalous1lous liberty by granting us under date of Decdecenderdecembereuberenbereuder 16 1840 one of the most liberal charters with the most plenary powers ever conferred by a legislative assembly on free the city of nauvoo the nauvoo citizens 4 nauvoo 0 legionC I1 and the university of the city of dr bennett was equally approving and detailed in his praise for these lawmakers in reporting situesotuesome of the events surrounding the acceptance of the charters helielleile wrote to thelimesthe limesT ime s andardreaardjeaseasonss on illinois has acquitted herself with honor and her state legislalegislatorstoros shall never be forgotten every power we asked for has been granted every request gratified every des-desireif re fulfilledkiikliVil filled in the senate mr little cancelled every obligation to our people mark well thatchalchadthate man and do him honor the act passed that body without a dissenting voice in the house of representatives charles our immediate representative in the lower house was at his pospost and discharged his duty as a faithful representative

dennetdennecBennetbennettfc also indicated that who was a member of the house voted for the act and afterward congratulated him that the bill had passed the credit and commendation for the legldegllegislativei slatsiat rgepwe

3 3114c 4 ppo 2492490 ah4h 4an ry 26726- 268 vol W 2 velveivolvial 4n 267268 511c ah5h vovolvotA 4 p 248 6

labors of bennett not onlyon 1yay esnecaneescamene froalfrom representative lincoln but some of the latterlatterdayday saints also extolled his work andnd success the tiT lineshinesbineslithit111lilelliekile S and seasons the official church organ in nauvoo echoed the approval of latterlatterdayday saints in the new yearsyearns day edition of 1841 6 further state approval for thesechese charters was given with the signature of governor thomas carlincariln on december 16 1840 and two days

later secretary of state stephen A douglas certified the act as law and filed a copy of the charters iniu his office at the state capitol this brief rehearsal of how the saints secured theircheir city co- stitnstitutionution has been given to illustrate two facts sometirsometimesraeswaes ignored by critics of the nauvoo legion 1 the state of illinolillinois1 s not the Morcormonsmormonsmons granted these powers and charters to the saints and 2 many illinoiillinoiss state officers gave overwhelming support to the city charters the ratification of only a few of the many supporters of the charters has been sited to verify thischischils fact 7

the inieluenceinfluencefluenceflufiuElu ence of john C bennett upon the origin of the nauvoo legion apparently involved more than his trip to springfield dr 4 bennett first became aware of thecheLhe latterlatterdayday Ssaints as he read of th L tthl5 missouri persecutions he was at that time living in fairfield afenalneenfe 5P Xv calc&l illinois and was angered at the illilltreatmenttreatment the saints had received p he was serving then csas quartermaster general of the illinois state and had offered if 1it11 were possible his military knowledgeknox ledge

stimes6timestimes and seasons january 1 1841

7aaaA more detailed account of the origins and development of the charters can be found in sources devoted to that exclusive subject james kimballs thesis is an excelleexcellentnL source for the interested reader 1 tamesjamesJ kiukluKinkimballiball 1 A study of theche nauvoo chartercharterscharter1 unpublished masters thesischesis1 university ofo-af 1966 1 1 and prowess to beruererueverueverua theie saintssaa2.2 n J frofcofrom6.6 t theirR plight01A ight in a short time after 0thisis he arrived ct Nautnauanauvoovoo was baptipulsedpflsedbaptizedzed and entered into high favor with his brethren and the church joseph smith declared that bennett was calculated to be a great blessing to Q Q ouour community others seemed tuto feel thecheC he same way about bennett because he was soon elevated in the community and the church serving within several months as mayor assistant president of the church and major general of the nauvoo legion after two years among the faintssaints his weaknesses became known and as will be mentioned in a later chapter he thereafter fell from grace among his felfellowmenlowmen and bennetts abilities were recognized not solely by Morcormonsmormonsmons in june 18381833 he moved from ohio to illinois and eight months later was elected to the office of brigadier general of the invincible dragoons from the dateshatesstates second militia division less than two years later in3 n july 1840 helielleile accepted the prestigious politipositipositionon of quaquarterter Q master general of the state 9 it was while he held this office that he joined the Morcormonsmormonsmons he some over after his arrival apparently exercised influence the r w x 11 establishment of the legion 1 I organized the military forces of ththiss Qtat4 city he wrote like a roman legion a legion with cohorts 10 N

1 while thithlthiss claim for all the praise I1inn establishing hehesethesechese4 forces might seem bold it appears that possibly dennetBennetbennetlsbennetisbennett1sLs influence reached beyond what some might have admitted

HC vol 4 p 270170970 ajohn9john9 john C bennett A hishistory of the saintsisaints an expose orof joe smith and the mormons boston le land and whiting 1842 appp jaj5151616 10 bennett Dp 211 8

1 bennettsennett s claim about the dedesignS i gn off the legion0 lal& hohowever1 idever is clearly correctcorrects the nauvoo troops were in 3a few respects patterned after the legions of ancient rome there are three militaremilitarvmilitmilitaryarv terms found in the forces of nauvoo that were also used within caesars army legion cohort and lieutenant aegeneralneral were all applied to the roman army

romesrome armyQ was divided into legions a legilegionorn numbering any- where from six to ten thousand men each legion was respectively divided into equal divisions that were called cohorts but presiding over every legion in rome was an officer who often functioned in a reviewing capacity this man was appointed by caesar to coucommandmand and hold the title of legateslegatus lelionisgionislelegionis or lieutenantlieuten anitenitantt general

the nauvoo legion was practically unique 2 howeverhowever in attaching the title legion to its troops up until 1840 only once before in the history of the militias did any unit attempt to use the same title in 1792 the president reorganized the army into a body called the legion of the united states this military body functioned with this designation until 1796 when the title was abolished by legislative decree butbultbutt the use of the term cohort is not found in

1 Q united stalesstatessuates military history 12

lilithomasdithomasthomas R phillips ed military insticutin s ti cut ionslons of the romans harrisburg pennsylvania military service publishing company 1952 p 3740 CE brand roman milimilitarytarycary law austin texas university of texas press 1968 p 51 116

12jJ duncan campbell and edgar M howell americanagleAgie rican mijiilitmiliti taryhary insignia washington smithsonian institution 1963 p 4 william addleman canoeganoe the history of theche united states ararmy new york and london 194211942 appp 9910399 103 9

john bennetts influence on adoption of0 certaincorta Air titles wvaswasas only part of his dominancedainidoinim nance in organizing and foformingminsming the legionLeglon that he had military knowledge and experience beyond that of anyone in nauvoo is seemingly true it is acknowledged hatthatchalchatchacehatC some latterlatterdayday saints served in the militias of missouri and illinois before general bennett arrived among them others including the prophet joseph smith probably co- trintributedbuted some ideas and suggestions to the development of these troops but who else had bennetts qualifications even in his first address to the citizens of nauvoo after he had been elected mayor he was taking the initiative and planning the design and operation of the legion 13 othersochers testified of mayor bennetts military fame an unidenti- fied military officer was reported to have sent a letter to the editor off tetheche new yorky1ya herald on may 8 1842 this letter was later reprinted in the millennial star and in part mentioned the military knowledge of john C bennett this gentleman iisi s known to be well skilled in fortification gunnery ordinance castracastramentationmentation and military engineering generally it and he continued 1 I am assured that he is now under pay derived from the tithingstithings of this waCwarwarlikelikeilke people I1 have seen his plans for fortifying nauvoo which are equal to any of vaubausVauvacva beusbaus 14114 thehe predominance of john bennett in legion affairs is furtherfur thesthex substantiated in comparing the illinois alilmilitaryailiailitaryitilitarytary unit he formerly commanded sithsichwithw3wa th the nauvoo legion the court martial a legislative and judicial body of the invincible dragoons was also given the power to

13times131imes131 imes ana nd seasons february 15A 1841 HC vol 4 p 291 14m4l1enrialstarmijl lennienn iallallai star september 1842 10

owna make their owaown laws and reaulatlonsregulaclonst11 just31ust as was thecheehe councourtt of the nauvoo legion the court martial of the invincible dragoons was allowed the full poerpodex and autlloriauthorityety to pass such bylawsby laws ordinances rules and regulations as they may think necessary for the regulation

5.5 governmentgoveromentmenc andend prosperity ofti thehe corporationcor por a t ionlon J this same provision was included within the petition of the saints for a branch of the militia a-atl nauvoo and coincidence seems an unlikely explanation for such a similarity but the concept of militias and armed forces did not originate with the state of illinois or the Morcormonsmormonsmons justification for any type of army whether local state or national has a considerably broader

C foundationkounLounaoundation the basis for such militarygitarymilitarya actions can be traced back foreoror centuries probably to the beginnings of enforced law and the principle right of self defense in the history of the united states however orieorteone need only FXA L vj return to 1789x nithwithpith the adoption of the constitution of the united states certain regulations and checks were established regarding the operation of militias article one section eight of the constitution empowered congress to provide forfoc calling forth the militia to execute the laws of the union suppress insurrections repel invasions the fifteenth and seventeenth paragraphs gave further details to provide for organizing arming and disciplining the militia and for governing such parts of themchemt1hem as may be employed in the service of the united states reserving

15anan act to incorporate the invincible dragoons of the second division of illinois militia laws of incorporation passed by the eleventh general assembly springfield 1839 p 45

INSTITUTE OF 18qo RELIGIONrrfpiom HEMPSTEAHEMPSHEMPSTEADreaTEA ROAD boadrn tityutcittiTYUTUTAH 84112 11 to the stalesstates respectively theehe appoinlmappointmenteilleril of the officers and the authority of training the militia according to the discipline hrescprescribedpresc A ibed by congress to make all laws which shall be necessaryiband proper for carrying into execu-

tion the forerforegoingoing powers6.6 and all other powers vested by thechetollecolle constitution of thechetine united states or in any department or office thereof article two from the dill of rights is aioaloalsoaiso a pertinent passage with which many aregreQ re familiar and reiterates similar military authority the right of the people to support and arm a militia is clearly indi-

cated therhepher amendment states that A well regulated militia being necessary to the security of the free state the right of the people to keep and bear arms shall not be infringed with these powers and rights clearly defined national and state governments began implementing their right of self defense and the stalestate of illinoisI1 followed the example set by other states of the union for when illinois was admitted as a state in december 1818 the militia was founded according to the guidelines in its constitution article five of the illinois constitution herredadherredad to the previously mentioned federal requirements the first six paragraphs reveal characteristic qualifications for military service and organization 1 the militia ofoll011olp the scalestatescade of illinois shall consist of all free male ablebodiedable bodied persons negroes mulattoes and indians excepted residerresidentit of the state between the ages of 18 and 45 yearsears except suchstichsuich persons as now are or hereafter may be exemptedexermtedby by the lawslavis of the united states of this state and sh iili11ll11.11 be armed equipped and trained as the general assembly may provide by law

2 no person or persons constitutionally scrupulous of 1 i bearingjearing erusermsarms ssarllshrlll-a 4 1 i be compelled to do military duty in times orof peace provided such person or persons shall papayly an equiva- lent for such exemption 3 company battalion and regimental officers staff officers excepted shall be elected by the person composing their several companies battalions and regireglregimentsi mentsmencs INSTITUTE OF RELIGION 1800 HEMPSTEAD ROAD SALT LAKE CITY UTAH 84112 12

4 lgadieragadieroriorldribrigadier aadaabandaridarldacid majorisala for general shall be elected by thecheeneone officers of their brigades mdand divisions respectiverespectivelyIv

mr 4 5 allailaitaltAIIAL militia4 litia officers shall be corrmissionedcommissioned by the governor and may hold their commissioncouconmission during good behaviour or until cheyeheyaheyJ arrive at the age of 60 Yyearsears

6 ttthee militmilitiaicia shasheshallshailshalill11 I1inf n all cases except treatreasoncreasonsoason felony or breach of thechedhe peace be privileged from arrest during their attendance at musters and eletelectiontioncionclon of officers and in going to and returnreturningreturninyiny from the same 16

withwichwlch thisthicithice outline and adequate consticonaticonstitutionalltutatut onaiI1 onal authority local uilmiluliiullimilimilitiasI tiasliastsas were sochsoenFOCH forcedformed as thecheehe occasion and need arose these local militimilitiasas were merelmeresmerelyly extensions of the state forces just as the state troops were an outgrowth of the national necessity for a prepared army and although it was inorelnoremore usual for the state forces to be organized on a county rather than a city basis it was not illegal or tinuinacceptableunacceptable to establish a town militia like nauvoo 177 Indeindeedindexedled nauvoos legion was totally within the law further- more section twentyfivetwenty five of the charter which authorized the organiza- tion of the legion was in most aspects similar to other military charters direct authority from the state legislature to establish these forces was given in these ordswords the city council may organize the inhabitants ofolf said city subject to military duty into a body in independent military men to be called thetiietile nauvoo legilegion1 on the court martial of which shall be composed of the coimidssionedcommaissjaoned officers of said legion and constitute the lawmakinglaw making department with full powers and authority to make ordain establish and execute all such laws and ordinances as may be considered necessary for the benefit government and regulation of said legion provided said court martial shall pass no law or aclact repugnant to or inco- nsistent sitawithwichwlch the constitution of the united states or of this

16revised16 revised statutes of the state of illinois springfield 1845 p 36 hereafter cited as revisedrevirevl s e d statutesS ta tute s 1 revised tatulestatutesstatutesS tattaccacutes p 29 13

statestacesjtsajtz te 1 and provided falco3lco1 so that thetichezlallc ficersfibersofficersof of the legion shallshailshali beioetoeibe contracontruccnimig stonedissionedmissioned by thechethlethae governor of the state the said lellonlegionlegion shall pperformrfordrform the satesaresazaesazue amountamouriturib of011 military dutydulydultydulcy as is now or may be hereadchereafterer required of the regular militia of thechelyle stuteystqteystatestace and shall be alat the disdisposalpoStl of the major inlp eexecutingkecutinc the laws and ordinances of the city corporation and thetlletileuhe 10lawsws of the state and atathate the disposal of the governor for 4 the public defense and the execution of the laws of the1 he stalestatesdale or of the united states and shall be entitled to their proportion of the public rmsarms and provided also thalhacthatthalthacchalchac said legion shall be exempt from all other licarymilitarymi duty any citizen of hancock 1 county may by voluntary1.1 enrollment attach himself to the nauvoo legion with all the privileges which appertain to that independent military body 180 although this charter was similar in most privileges it did contain one somewhat unique provision the authority of the court martial A courtcoarr martial in the present and past military service has functioned in essence as a court serving also as judge and sometimes as a Jjury inn addition to thithochothisuhlss authority and duty the nauvoo Legionlegionslegion1legion33 33 court martial was alallowedlowed the right to operate as a lawmakinglaw making untuncung t 4 the camricomricommissionediss1oned officers of the leglegionon who comprised the court used this legislative rightrlght regularly in the legions four vearyear existence no less than thirtythreethirty three court martialsmartimartialeals were heldyheidyheldbeldbeid an 20 average of more than one court every sixty days but not all favored

acus18actsacts passedp sssedassed bbyy the twelfth general asseassembleassembly springfspringaspringfieldleid 1840 igaA manoelmanuelmanoalmaniglmanugl for court martial washington government printing office 10101910 1 I po 121312 13 amex f john 001 brien y amerianamercanI1leantean milimf1jtsry law aedandaea courccouacourt martlMartimartialalsais phil-phill-liy adelphia lea and blachard 1846 0pcppp 227359227 359 william wlnthropanthropwinthropi MilitmilitcarvMilitarymilitarylawcarv law and precedents 2 ed washing- ton government printing office 1920 appp 475647 56 revised2hevisedr&vised latlarlaslagaszs of the nauvoo legion nauvoo 1844 p 5 copy locatedloca led in chenheelieeilenile brigham young university special collections library hereafter cited as revised laws nauvoo legion minutes original Minuteminutebooksbooks located in church histhistoricalorica 11 department hereafter cited as legion minutes 14 this authority whiwhewhich1 1c h had been given u-1 the legions court martmarpmartialloliolloi the state legislature as well as the court ititselfceif received critcribcriticscriticiscriticismiciSe r for

1 this legislative power which some felt was either 1illegal1 legallegai1egalbegal or unnece- ssarily generous

theA he Ssangamosangamonangaloangamo journal was of this latter opinion the entirenairentire nauvoo charter was read by them with almost universal disapproval and contempt section twentyfivetwenty five of the act the author began pro- vides for the establishment of a military corps of indefinite size called legion to the officers of which are granted powers both offensive and dangerous for added emphasis the Jourjournalsjournallsnailsnalls writer con- tinued by stating in bold print that the officers were given 11uwLAW 21 MAKING power

but while designating theuhe court martial as a legislative body was rare it was not unprecedented nor was it unconstitutional or 2224 illegaallegaillegal1 in fact to reiterate BLZ- least one other militia withinwichin the state of0 illinois rhetheche invincible dragoons had exactly thecheehe same powers yet nothing was written tackingntattacking that body it appears hatthatchat other militiasmilmii itiasatias throualthrovalthroughoutlout the country also had similar provisions for their military units it was reported in the nauvoo weekly paper the warpwasp that the militias in louisville kentucky and the louisiana state militia possessed equalequallequale congressional privileges 23J it should also be remembered that both the executive and legislative branches of the state of illinois approved the bestowal of this authority this

21wasp 18 1842 wasiwaslFJ june

i 23 22winthropanthropwinthrop p 49 23wasegasWasewas june 18 1842 15

i gives furtfurthern er sanctionsa 11 ctionaction tolloclofco the acceptability and egalitylegality of0 r the courcscourccouaccouras s power to pass laws for their benefit and regulation according to some millmilitaryitarygitary legal authorities a court martial with legislalegislativelegisla1111lveive authoritya was also totally within the limits of military rules and codes the official publication for the american armed services on the subject of military law gives additional validity to the legions court operating as it did colonel william winthrop marizedsutsummarizedgarigarlmarizekmarized these ideas about the proper operation and authority of court martialsmartialemartials not belonging to the judicial branch of the government it follows that court martialsmartialemarti als must pertain to the executive department and they are in fact simply instrumentalities of the executive power provided by the congress for the president as commander in chief to aid him in properly army commandingC the and navy and enforcing discip11disciplinene therein and utilized under his orders or those of his authorized military representatives thus indeed strictly a court martial is not a court 1 F in theahle4 hle full sense of0 the term or as the same is understood in the civil phraseology it has no commonlawcommon law powers whatever but only such powers as are vested in it by express statute or may be derived from military useageusevage none of the statutes gogoverningoverninggoverningvernin 9 the JjurisdictionI1 or procedure of che courts of the united states have any application to it nor is it embraced in the provisions of the vith amendment to the constitution it is indeed 2a creature of ordeordersS andU nd except insofar as an independent discretion mavmay be given itbyit by statute it is as much sub4ectsubjectJ to the orders of a competent superior as is any military body or person 24 besides this authoritative statement there was an addadditional16tional wise and practical reason for granting state militiasmilitias1kitias the power to have the court martial function also as a legislative unit the local militia units were frequently given sketchy blueprintblueprintsts and a bare framework to build their local army the six brief paragraphs in the

24 winthrop p 49 16

jiano 1 L A fifthfif it ll11 sectionsec tion ozof the illinoisI1 ll11 jiino S Sstatetatecate constitution0 I 3 tittitutionution quoted previously were certainly sparce facts boutboubabout theuheitheathe organizing of0 finnin army with such scanty directions how efficient and well organized could any militia bbee

but as a direct result of the powers given by the state to the nauvoo legion their officers drew upon the military experience and knowledge of others and accordingly prospered by being allowed to pass laws and organize as they saw the need the nauvoo legion was unique in VIillinoisliinlilnLlinoisols and this uniqueness might have assisted in helping was the legionC become as effective as it had illinois originally been as spspecificceficcific and lengthy in its military guidelines as other states 25 like south carolina which published a two hundred page book in 1835 a court martial in an illinois militia probably would not have needed the powers which they had been given by 1845 however even illinois had modernized their constitu- tion including those laws affecting militias in comparing the military provisions of the 1845 statutes of the state and the laws incorporated within the legion one can see many simisimlsimilaritsimilaritiessimilaritylarit the legions constitution contained seventysevenseventy seven paragraphs the state code in 1845 contained eightyffeighty fffiveV the 1845 laws are considerably more detailed than the earlier number of six issued in 1818 contrast-

ining9 the subject1 matter and even the phraseology of the respective1 laws reveals further likeness As one studies the sections concerned with

25benjamia25 benjaminBenjamia elliott and martin strobel the militia system of south carolina W charleston1char1eebonton A E miller 1835 17

VOvotinging uniuniformsformseorms duties of officeofficnofficersi s court mlartlartiartialsmartialsmartimartiansmaccimachis alsais penaluicspeaaltiesd and

1 1 fines and the& he operation of courts of inquiry1 liquirlequiray and assessmentasses semendsimenC of fines remarkable parallels can be identified 260 acting within their constitutional rights therefore the city councicouncil1 I of nauvoo made plansplaris to formally organize their own branch of the illinois militia the bill to establish the legion was introduced by the prophet joseph smith jr with the broad stipulation that the measure only be in harmony with the state and national constitutions 27 the bill located in theulleolleolte appendix became law on february 3 1841 wasting no time the first court martial met the following morning alat ten oclock at the home of joseph smith to officially organize ththetheacheachemea nauvoo legion the commissioned officers of the state militia were authorized to elect the local officers of the nauvoo militia and the followingfoifol lowing men were in attendance john C Bennefbennettct quartermaster general of the state of illinois lieutenant colonel don carlos suichstaithsmithstaichstalch captains harleshariescharlescharies3 C rich wilson law albert P rockwood williamI1 law stephen markham first

T I1 f lieutenantsleutenants franclfrancifranciss M higbee john Thgbg66.66 barnett john D parker benjamin S wilbur amos davis second lieutenants chccacchancyancy L higbee nelson higgens david H redfield stephen winchester 28 thomas rich third lieutenants john C annis and alexander badlam

26sections26 sections fourafour3four five twelve eighteen twentyfivetwenty five through twenttvtwenty seven thirty eight and sixtyfivesixty five through seventytwoseventy two are a few in the revisedkevrev is ed statutessta tu te s that illustrate histhis comparison revised statutes appp 35537835535 5 3783780 revised laws appp 5195 19 27 revised laws pp4apppppa 454 5 copy of bill located in manuscript document file church historical department hereafter cited as manuscript file licH vol 4 appp 29322933293294293394293 2943942 0114 28hcHC volvoiVOLIVIV appp 295296295 296 manuscript file 1841 18

in that thursday morning meetinmeetincrmeetingcr these illinoisllielile1111 rioisbriois militiamen

1 elected their first general officers josepajosephjosepn smithoalifC ti jr was appaappzapprovedoved as the supreme officer lieutenantlieutc nantnanc general of the nauvoo legion vithee other officers elected aandLid staff appointed that day were john 0 bennettBennetty malormaiormajor general wilson law brigadier general of the first cohort albert P rociaRoclarockwoodqoodgood drill officer william law and robert B thompson aides de camp and as guards and assistant aids de camp james allailallredaliredailredcedred C M kreymeyer john L butler johnjolin snider reynolds cahoon elias higbee henry G sherwood shadrack roundy samuel harrison smith and with a foundation of previous government statute and the appoint- ment and election of theecheethesechese officers the leglegionlon was begun the legions new officers were now ready to expand and more fully staff the new army CHAPTER liiIII111

NAUVOO LEGION organization AND STRUCTSTRUCTUREJRE

at the conclusion of this chaptchapterr theretiherenere area r illustrations which outline the structure and offices within the nauvoo army immediately preceding these figures is a listing of every title office and position thatthetthactimlet is presently known to have existed within the legion attendant to this list is a capsule description of the revealed duties 1 and functions of each rank it will be seen in this tabulation of offices and raranksaksnks that there were over forty positions in the nauvoo legionC but there was one position that has caused greater controversy and discussion than perhaps any of the others thisthis s supreme office lieutenant general has created considerable confusion and debate the position of lieutenant or threestarthree star general was no- nexistent in the colonial forces of america but followinafolfoifollowinglowina the revolutionary war this rank was approved by congress to be bestowed upon president george washington this action was taken may 27 1798 in honor of president washingtons exceptional service and devotion toLO his country this milmiimilitaryiLary station was short lived hohowever4 ever for on

ithethe sources for this informationinformlationcatloncation regarding the organization and outline0utilneine of the nauvoo legion is frofromln varied references revisedrevrey igisedaseded Jlaw appp 4194 19 Truentruebatrueuatruentantann crcrossos s bilitermilitermi liter1 i tsryy lawsT WS off the jjnijedunited states washington 5 edward D krofft 1825 william addleman ganoe the historyy of the unitedumjred statesS t a t e s ajrmyajamyrmX ashtonash tdoncon maryland eric lundberg 1964 HL scott Miltmilitaryarvary dictionary new york greenwood press 1968 19 20 march 3 1799 the natinationalnabinebilarnallornalbarnalL lealslealsleturelegislatureleture abolishedabol shed both the tiititletetletetiele ardandav d the office of 13lieutenantiauteut anantenant general this was apparently done for two reasons V1 the legislators desired this high office to be reserved only for che use of their president and 2 th-theyy decided thatchac there was no need for the office because the national troops had not attained sufficient growth to necessitatenecessitaice such a lofty office thesechese duties Q could be adequately handled by the lower rank of major general 2 from this latter act of congress untiluntill11 march 29 1847 when major general winfield scott was given the title of lieutenant general for his lengthy and valiant service no one held this office no one 0 that is except joseph smith jr and brigham young 3 when joseph smith and brigham young were both imiissionedcommissionedco as lieutenant general there was no provision in the state of national constitution for such an office the question might well be asked why were they given this rank when there was no stipulation for the office

A portion of the answer can be found by reviewing the powers given the saints by the illinois legislature0 the city4 council shall have power and authority f stated the eleventh section to make ordain establish and execute all such ordinances not repugnant to the co- stitnstitutionution of the united states or of this statestacestaco with almost identical words the legions courtcoulatcoulct was given similar authority and full power to create what levslavis endondnd regulations they deemed neceanecessaryssaryassary for the benefit of the legion

2crossacross2croqq p 8737 107

3 thomesthomethomathomass H Hhamerslylainersgainers ly regulcregularegijlsrr army registeres washington thomas H Hnhamerslyersly 1880 p 747 918 21

accordingly a bill was preparedpt sparedepared and introduced by the prophet joseph smith to establish the Legilegionernorn the third section of the bill suggested that the chief mandingcoincommanding and reviewing officer be designated with the rank and title of lieutenant general this request was approved by the city council which therefore made it law some

1 like john c- bennett however have charged uhethe1 offiofficece of lieutenant

f general is unknown to0 o the constitution of the state and is therefore a nullitynullity14144 this accusation and assertion is of course false simply because the statutes do not mention this office deesdoes not mean the executive or the legislative branches of government for example or any other legally constituted body could not create or lnstatereinstatereenstateLn statestace such a position there was and currently is no specific prohibition against

4 this officecfcef f ce and consequentlyJ it is not invalid just becausebecau-se it is notnccnoc

1 included withinwivirwir 1 hin the constitution it seems incorrect also thtchttdatadat the state authorities suggested or gave without request the office joseph smith eventually held some have claimed that the illinois state adjutant general moses K anderson suggested that president smith be awarded this office 5 but this ouldwouldxouid be rather unlikely since it violates acceptable military order andana procedure A more likely explanation is that the idea originated within mormon circles and then these men proceeded for approval to0 o the state authorities in fact some who opposed the saints

ajohn4johnjonn C bennett A historbistorhistoryHi stor of0 the saints an expose of joejjoe amithjmithsmi th endand the mormons bosconbostonbos lontoncon lelancilelancelylan7 andwinting7aapP J twe rig t8sztasz p 2t77 hamilton Gardgardnernerlnery the nauvoo legion 184018441840 1844 n illinois state historical society journal Susulunersununersummeraunernuner 1961 appp 181197181 197 2222

7 accused them oiofL doing this very thing it wwswps iutrgestedsutsuggestedsucc 1 by soniesom e who seemingly resented the bestowal ofoe thischis otisiccosiccelcegice that theeheebetyoacyome latterdatter clayinydbyoby saints created this position in a plotpiotpiott to gain control over the entire united stalesstates forcestforcesefok ces 6 but a more reasonable solution is that joseph smith either on w hihiss own suggestion or possibly through the promptings of bennett requested the ofofficeficeF 1 and presented the matter in the origioriginalinalinai bill of february 4 neither of these men have left any primary evidence to verify this speculation but there is one source for this conclusion when josiah quincy visited the prophet in nauvoo he indicated a believable origin to the office of lieutenant general in the nauvoo legion according to mr quincy joseph smith related the following facts I1 decided said smith that the commander of my troops ought to be a lieutenant general and I1 was of course chosen to that position I1 sent my certificate of election to governor ford and received in return a commission of lieutenant ccgorigoki kjmkajmadms f Q general of the nauvoo legion and of the llitisclitismilitiami of the state cfct 4.4 vt of I1lliaoisillinois now on examining the constitution of the united states I1 find that an officer must be tried by a court martial composed of I1hisnli s equals in rank and as I1 am the only lieutenant general in the country I1 think they will find it pretty hard to try me 7 after the martyrmartyrdotamart yrdoiadoiadota of the prophet brigham young was elected in august 1844 to the office of lieutenant general this action gives additional emphasis to the legality and acceptability of co- nferring this position and more recently of course with the growth

asenseaagguargnarasgn Jjanejuneaneune 1813 1842 7jociahjosiah quincyqu lncyancy fifiguresures of the bastpast1 boston roberts brothers 1888 appp 383384383 384 23 and evolutionL of thelileliteche nation s raayrxay there are many men who hold thet he 8 office ofoe lieutenant general

i other positions within the leglegionIL on should also hebe mentioned

I1 however consequentconsequentlyY followingco lowing the listing of the offices and ranks at the end of the chapter are explanatory chartschares which diagram the overallovera11 picture of the nauvoo legion two of the diagrams concern two additional courts that played allailan important role in the nauvoo legion these two other courts were those of court of assessment of fines and the court of inquiry both of these courts were organized on a general or legion basis as well as on a regimental foundation the legion courts were composed of the major general as president the two brbrigadieri gadler generals the drill Offiofficercerlcers and thetichefieeieele adjutant general as secretary the regimental courts were formed with the colonelcolonal as president the lieutenant colonel major captains of the respective companies and the regiiregimentalilental adjutant as secretary the purpose of these courts both on the legion and regimental level was to assess fines for attendancenonattendancenon at parades and other legion functions and see that the fines and sometimes further punishments were enforced levying of fines seems to have sometimes been commensurate with the offenders ability to pay there were also standard penalties for certain offenses while confiscating personal property garnishment of wages and other pressurespreo sures were allowed for the collection of fines

killiamwilliam addleman ganoe the history 0off the united states Aarmy w ashton maryland ericedric LundAlundbergrundbergbergherg 1964 cross militmilitary lalauslawss cfof theth e united states hainenhainexllamcrslyslysiy regular army resterregisterai&i 24 some items were detedeterininedrkiiined by the leglegionloalon to bede exempt from use for satisfying a penaltypenallypenelly fifteen dollars worth of householdhousehhousehloldlold furniture necessary cooking utensils u bed and bedding for every two people in a family necessary wearing apparel one cow one calf and three months provisions were among the excluded items for collection while the wearing apparel of the family members was exempted the clothing of the delidelldeildelinquentnquentnequent was not 9

A considerable portion of legion funds was raised by levying fines A study of the few recorded pages of penalties showed hundreds of men who were fined from a few dollars to twenty dollars or higher many men however had valid excuses for absences and military viola- tions and accordiaccordinglyanglyngly the courts of inquiry relinquished dozens of fines two such abolished fines of willard richards and william smith were apparently remitted A letter of dr richards requesting removal of a fine because helielleile was ill and smith had helped save my house from being washed away was presented to the court 10 although these courts of assessment of fines and inquiry were a unique characteristic of the nauvoo army the remaining basic military structure was comparable to other military bodies

9minutesminutes and ordinance of organization of the nauvoo legion r february 3 1841 to october 201844 appp 717871 78 localocatedted in therhepheA church of jesus christ of latterlatterdayday saints historical department herhereafterea fter cited as legion 141minutesnut s jleyisedrevised laws of theautheauvoothe nauvoovoo lellonlelionlemioniegijn nauvoo john taylor 1844 p 18 copy located in brigham young university special collections laiblibraryrary revised laws

lomanuscriptlomanuscript document file 84418441 letter of october 19 1844 located at the GIMGIcimchurchM ilciailcin of jesusjesup chrchristchelst1 st of latterlatterdayday sainitsaintssainios historical department hereafter cited as manuscript file 25

AF A OFIFILOFFICES0O ES 01-0 114treTHE NNAUVOOlaruniLAI 00 LEGIONLegiECIxionTION lieutenant general thisthas officer was the chiechief reviewing and commanding officer in the leclegion01 ionlon he was originally the president of the court martimarlimarcimartialLal as well as the president of the entire armed force his other specific responsibility was to reviewrevrevjewlewjew the nauvoo legion at least once a year malmatmadmaj or general

kefieeieele was the second in command directly responsible and sub- ordinate to the lieutenant general he served as the secretary of the court martial and secretary of the nauvoo legion he also was to serve as the inspector general of the legion he was to take command of all legion parades in behalf of the lieutenant general as well as to super- vise ailallali nauvoo legion officer drills to be the chief reviewing offiofficerceccer at all cohort ie brigade parades and to supervise the listing of all negligentne9 ligentfigent21 officers at cohort parades drill officerofficer this officer was somewhat unique in that he was directly responsible to the lieutenant general he and the major general were the only menruenmuen toltydoyco o have this close relationship with the lieutenant general

I1 heJJle was to supervise the private guard of the lieutenant general and to note and return jayaayany irregularities delkinquenciesdelinquencies or other questionable activities to the commanding officofficerez in this assignment he acted indeindependentleendentlpendent of anyone else suesssuesesujtjeonn general this officer supervised the other respective doctors who served 26

4 T inn thehe legion asaaa& regimentalregi-mentint 41 1 surgeons he was the chief physician andcindnindkind

WwasS toco staffscaffs t A ff and coordinate all memedicaldiccdiac11 treatment keepinleepingkeeping andnd distri-d strstc bution of medicines and operation of hospitals also helielleile was responsible for all medical and surgical practices quartermiasterquartermaster general hetietle had direct responsibility for all arms in the custody of the legion hefleeiehie veswaswes to apply for weapons from the state depository and when they were received he tasoas as LO make accurate record of their arrival and to see that the arms were preserved from theft and damage it was additionally required to0 o have the arms in readiness at all times for use by the forces and laco present thenchenthem for inspection when required papaymastermaster general this general officer was required to receive all monies payable to the legion and make accurate record by receipt he was to pay out upon certificate of the general court martial or the order of thethemlajortheMlthemmajormaiormajor general to purchase items or pay required bills his attendance at all Gengeneralercal court artiartialsmartialsmartialemartlMartipartialsmardi14arciardi alsais saswasxvas as expected and in this meeting he was to report fully Callaliailaitalt311L finances indicating monies received and issued lastly he hadbad jjurisdictionurisdiCtion over regimental paymasters

MissarcomissarCOcommiscomassarwissarwissersaryy generalgenera 1 he was the man in charge of procuring and supplying provisions to the ficersfibersofficersof and enlisted men of the nauvoo legion jujud advocate heilellelie took the duty as a commissioned officer to act as prosecutor atac courtcoun martialsmartialemartials helielleile also served as legal counsel to the commanding 27 officers of theth nauvoo forces

ijspecin ULectortorI1 generalgen e r a 1 this officer on the staff of thechetilttltty e lieutenant general was to regularly inspect and attend inspections of the cohorts of the legion the major general originally served in this assignment secretary of the court martial this man supervised the recording of information discussed in the court and vaswas oriorloriginallylallynallyginallybinallygi the major1 general brigabrigadierdier general

1 thisTh J s 0officerIL f i CCC C r was the colacolocoiocoiomandercolrzmandermander of one of the two main divisions or brigades of the legion he was directly answerable to the major general he was also expected to revirevlreview1 ew all troops regiments and battalions at least annually at regimental musters brbrigadierlreigeiga dierdiecdlee majma j or he was the aideaidedecampde camp for the brigadier general his responsibilities were numerous and included the charge to attend all regimental musters record all orders issued or received by the brigadier general inspect arms of all officers and privates at regimental musters to record all returns and rank rolls give a rank roll of the brigade at least annually to the major general and to the state adjutant general attend all legion elections at the order of the brigadier general and serve as the clerk for the same and form and call the roll of the brigadier generalgenerals staff at cohort and nauvoo legion parades he was also to act as drill officer at all cohort and 28

3 officer drills and rallyfinallyfi bele wsvaswas requirerequired1 to dicdiadladistributetribute ailallalia L J general orders throughout tajthj ilegion bribr i ftadea de Jjud-udgyee advocateA dv0 ca t e

this ofofficerficer hash As similarL duties to general judge advocate t but functioned within his own cohort brisabrigabrigadede insrectorinspectorInsins Rectorp ec tor here had sisirlilarsirailarsitasirailarliar functions as inspector general only in the individual cohort or brigade dividivisions ion or cohorbohorcohort t quartermasterquagua rterma s tercer he was to apply for and recekreceivei ve all arms for the legion from the quartermaster general and give bonds for the same colonelcojlonel

he was the commander 0ofE a regiment which included about 240 to 50ottien500 uenmen he was directly responsible to the respective brigadier general who supervised him

T lileutenanteutenanteu L colonel this officer was next in rank to the colucoimcommandernander of the regiment reRP simentalslmentalg imenta ljudgjuderlilejrlilege advocateA dvocaavoca t e this man had almo-almostst identical responsibilities as the general judge advocate only he operated within the regiment regimentalreglueregimenjg 1 adjutantutantautant

was 11 he required to deliver all regimenregimentsregimentcregimentalC tc orders record all orders received or issued by the colonel of the regiment to list all 29

f 1 P 1.1 i dates of commissionscoiamiss ons resignatiresignatoresignationsres ignati o-allslls rankL I1 rollsA 1.1 attend all electionselect ioasloas and act as clerk form the regiment at regregimentalf6mental cohort and legion parades and to call roll at the same and report any and all absentees regimementalririmentalcimentalntlntiantl pavirtasterpaniagpayiag sloesioe helielleile had the same functions essentially as the general Pavaipaymasterpayalpayniaster but only executed his duties within the regiment reaimentsregimentsregimental1 surssurgsurgeoneoaeon this officer granted certificates for inability to perform military servservice4ceace and assisted the surgeon general whenneededwhen needed ilelleikeregimenentata lquartermras1 qua rt erma s terter he had comparable duties to the quartermaster general only within the regiment sergeantse banteant maiormalormajor his main duty was to assist the regimental adjutant in forming parades and executing the adjutants orders adjutant geneigenelgenegeneralI al this person was also called the division inspector it was his duty to inspect all regiments at regiment parades he was to also record all general orders record all reports rank rolls and forward these stingslistingsll to the state adjutant general another duty required that he issue enlisting orders for thethachecha rairalraisingslnd of companies further functions of this office were to distribute all orders received from theche major general or the state adjutant general attend all reviews with the major general aclactacu as drill officer at all legion and division officer 30 drills act as lerkterkclerk at all elections as ordered tuto dedo so by the major generalgenerall and to callc all the roll of the major generals staff at all legion parades for his services he received thirty dollars per year plus five dollars for each regimental inspection

SCT qua rrcerrneracertermamaslermasters tI- er sgjjtnt this officer was responsible for food clothing and the equip- ment of the troops he was also to assist the quartermaster general cornet it appears that this person was a commissioned officer for he was on the general staff of the malormajor general it is not clear what his exact duties were A search of all sources listed in the biblio- graphy has not given any indication of his duty chaplain the chaplain was responsible for the spiritual welfare of the men he was assigned the staff of the ieuterisatlieutenantL general and theche major general both provided for the chaplain as did thetlle two cohorts there was latelaterlacerlate1616 added six assistant chaplains to each cohort chiefc1ca i f Mmusicianus 4clancian this officer was on the general staff of the major general and

i supervised the eecurincrecur inga ofOZE instruments andanid the presentation of uusimuslmusimusicc throughout the entire legion malmadormajormaj or he was the commanding officer of a battalbattalionlonion which consisted of a minimum of fiftyfourfifty four men to a maximum of t-twovo hundred and six he also directly supervised the colonel 31 battalbi ifcajjionlonon A 2jutantdj utintputint this man functioned similarly to the general and regimental adjutants only his authority was restricted to the battalion aideaidedecampde camp this was a military officer acting often as secretary and co- nfidential assistant toco a superior officer he was also a member of the personal staff captain he served as the commanding officer of a company which normally consisted of anywheranywhere from thirtytwothirty two toco sixtyfoursixty four men he was to take charge of his mermeamen at all times including all parades and roll calls at all company parades he was to supervise the reading of the

duties of comnanfescompanies6 filglrstgirstfik st liputenglantiterientLiputengnt he served under the command of a captain and was the highest commissionednoncommissionednon officer there was to be one in each company second lieutenantlieulleutenant he was a commissionednoncommissionednon officer next in rank to the first lieutenant there was to bebo one in each company third lieutenant helielleile also was a commissionednoncommissionednon officer following in rank to the second lieutenant one in each company was required

Ssergeante ea n t

A sergeantcp was a commissionednoncommissionednon officer next in rank to a 32

I1 hirdthirdL lieutenant five sergeants were to be inn each company corporalcorcoc ra 1 he was a commissionednoncommissionednon coromiscornmis s ionedboned offofficericer next in position to a sergeant it was intended for four corporals to be in each individual company private

A private was an enlisted man ensign

one membermemder of the company whose responsibilities are unknown at present pioneer he was a foot soldier it was designed to have one pioneer in each company color bearer the color bearer was responsible for the maintenance and dis- playing of the flags used by the legion the staff of the majormejorme jo A general had a herald and an armour bearer as did the lieutenant generals staff and each regiment 0 433343.43

lieutenant oeralgeralGLRALGENERAL AND STAFF t MAJOR GENERAL AND STAFF i I1 FIRST COHORT BRIGADE SECOND COHORT BRIGADE COMMANDED BY A BRIGADIER GENERAL 01andedcoiCOMMANDED BY A BRIGBRIGADIERD jr ER GENERAL HORSE TROOPS foulfoolFOOT TROOPS I1 I1 REGIMENTS reg114entsREGIMENTS COMMANDED BY A COLONEL COMMANDED BY A COLONEL I1 BATTbatrlllon BATTALION COMMANDED BY A MAJOR oomCOMCOMMANDEDmindedWiNDED BY A MAJORYLUOR

COMPANY COMPANY COMMANDED BY A CAPTACAPTAINjr N COMMANDED BY A CAPTAIN 1 i 11 ENLISTED MEN4 ENLISTEDENTLISTED MEN

FIGURE I1

BASIC MILITARY STRUCTURE OF THE NAUVOO LEGION

T 1 A lieutenantL V UTE A NT GENERApeneraGENERALa L I1 INSPECTOR GENERAL MAJOR GENERAL

TWO aidedecampAIDE DE CAMP TWO aldeaidedecampAIDE DE CAMPCMIAP COLONEL OF CAVALRY COLONEL OF CAVALRY I1 I1 TWO secretaries DRDRILLJIT OFFICER COLONEL rofOF CAVALRY COLONEL OF CAVALRY CHIEF OFFICER OF GUARD I1 CHIEF CIIAPIAINCHAPLAIN GUARD OF 12 aidedecampAIDE DE CAMP I1 HERALD AND ARMOR BEARER CAPTAIN

FIGURE 2

STAFF oilOFoiw THE lieutenant GENERAL 34

ititait4MAJOR410tor GENERAL

I1 ADJUTANT GENERAL PAYMASTER glGENERALr lnel7kl

SURGEON NERALGENERALGrE CORNET lainlaihIAIN QquartermasterLIARTEIMAQUARTERNasterASTEPST R GENEPGENERALgener mirMij CHAPLAINGIRAPL

commissary GENERAL CHIEF MSICIANMUSICIAN QUARTMquartermastsrquartermasterlterMTER SERGEANT SERGEANT MAJOR JUDGE AVOCATEADVOCATE TWO MUSICIANS COLONEL OF INFANTRY CAPTAINS OF INFANTRY

DRILL aldeaidedecampaidedegampAIDE DE CAMPGAMP HERALD AND ARMOR BEARER COLONEL OF INFANTRY CAPTAIN

FIGURE 3

STAFF OF MAJOR GENERAL

BRIGADIER GENERAL

ONE aldeAIDAIDEaidedecampE DECAMPDE CAMPA WITHTNTITH THE RANKankang knK OF ivlaavlaMAJORTOR ald D EC hithi

BRIGADIER GENERAL thadHADIHAD ACCESS TO THE MAJOR GENERALGENERALS S STAFF WHEN NOT IN USE

I1 BBRIGADIERP MAJOR

quartermaster ONE CHAPLAIN

I1 I1 ONE SURGEON ONE CORNET

FIGURE 4

COHORT OR BRIGADEBRIGGADE organization 35

oolCOLONELCOL NEL

1411ial741lieutenantEUTEINANT41 COLONEL

MAJOR

quartermaster SERGEANT JUDGE ADVOCATE quartermaster drullDRUM rMAJORJOR PAPAYM STER FIFEF IF E MAJOR COLOR tearerNEAREREARER r FIGURE 5

REGIMENT organization

MAJORisla OR

respective COMPANIES

TO BE COMPOSED CIOF norNOTj LESS tiuanTHANTILNN thotuoTOOTWO NOR MORE THAN OURFOUR COMPANIES

ABOUT 26260 MAXIIUHMAXIIUHMAXIMUM

FIGURE 6

BATTALION organization

CAPTAIN

THREE lieutenants ONE PIONEER I1 ONE ENSIGN FOUR CORPOMLSCORPORALS I1 I1 FIVE SERGEANTSr TWO TO FOUR MUSICIANS

FIGURE 7

JOMPANYCOMPANY organization 36

lfAJORMAJOR gertieratGENERALGERTi ERAT PRESIDENT

BOTH BRIGADIER GENERALS j THE DRILL OFFICER

ADJUTANT GENERAL SECRETARY

FIGURE 8

LEGION COURT OF INQUIRY AND assessment OF FINES

COLONEL PRESIDEPRESIDENTNCr

lieutenant COLONEL MAJORS CAPTAIN I1 ADJUTANT SECRETARY

FIGURE 9

regimental COURT OF INQUIRY AND assessment OF FINES CHAPTER IVI1

ESTABLISHestablishingestablishungUNG AN ARMY

the first full year of legion activities was 1841 in order to more completely establish the organization of their army the commis stoned officers of the legion held at least eleven court martialsmartialemartials during the year never in any succeeding year did the officers meet in as many court marllaismartials the frequency of the meetings for the first year was probably required because the legion officers were just

ginningbeginningDe 10 to formulatetoformulate and arrange required military1.1 standards parades officers rules and regulations and other fundamental yet iimportant foundations following the first of thesechesetheasechease eleven court martialsmartimartlmartialemaraimarcimarnimaramalsais on februaryfebruary4 4 184118 1 in which the original officersoff icersacers were elected the commissioned and nelynewly elected officers met again sixteen days later to further establish necessities for constituting a new army some of the important items of this second court artialmartialmr saw the days of general parades set for the

0 first and sixth of april 1 adnd the third of july the fourth of july allingfallingi on a susunday& day major general john C bennett was ordered by lieutenant general joseph sksmithlith tto0 PprocureL acureocure an official seal for leglegionou use and also to organize a study to determine the style of uniform to be worn by members of the army the court also decided to adopt the military tactics of mccoombs for use in legion drills as well as for

37 38 use in event of actuactualal confconflictlictlica in reiteration of the national and state statutesstacutessta cutes the legion court martial decreed that no person whatsoever residing within the city limits14im i t s 0off nauvoo between the ages of eighteen and forty five excepting such as arere exempted by the laws of the united states shashallshalial be exempt from licarymilitaryiritritrl duty unlessriess exempted by a special act of this 2 court while dezdedclaringdeclaring that it waswaawaos mandatory for all men between eighteen and fortyfiveforty five to fulfill a military obligation the court also established persuasive punishment for attendancenonattendancenon at required parades and musters of the legion twentyfivetwenty five dollars for the absence of generals twenty dollars for colonels fifteen for captains lieu- tenants ten dollars and musicians and privates five dollars fines were additionally fixed for absence at company parades five dollars for all coaconmiissionedcommissioned officers three dollars for non commissioned officers and two dollars for privates and musicians 3 the origin of the nauvoo legion brass band can also be traced to this courtcoure martial of february 20 edward P duzette was selected as chief musicianvilusmilus ician and was directed to enlist other musicians of a

41 number less than twenty and to organize them into a band A later chapter in this work will be debottdevottdevotedd exclusively to the development and history of this band

iminutesminutes and ordinance of organization of the nauvoo legilegion1 oril february 3 1941 to october 20 1844 p 6 located in the church of jesus christkjfi rist of latterlacterlatterdaydayda y saints historical department hereafterA cited as legionLeg 4jonaonzon minutes ajo2jojosephseph smith history of the church of jesus christ of latter day saints ed B ii roberts ad2d ed rev salt lake city deseret book company 1967 vol 4 p 300 hereafter cited as HC fegion3ltigiouuegion minutes p 6 4 ibid 39

1841 mar- 2 1.841 .9 injn the next court inedotingmeetingulingoting held on marbh 1841 9 izttieizttle11ittle far reaching business was discussed but a I1fewlew pertinent matters were adopted in directing the size of the leglegioni on it was concluded that the companies were to presently be restricted to a maximum nunumbertriber of forty six at this point in the legions development no consideration was given to establishing and staffing other larger military units such as the regiments or battalions probably because the armys enlistment in the first few months of 1841 did not justify their lupieimplementationimpleimpiementation this courtco k artarc also decided to enlarge the band by approving a maximum of thirty men to be part of this organization rather than the previously desig-01 nated high of twenty men and lastly to hopefully curtail soldiers from le-leavingaving one ragged company for a motemore efficient or preferred ou- tfit the court decreed that no man was to leave hisinisunis assigned company without the aapprovalporovapprova 1 of llisilishi cantacaptacapta4 n 5 additional procedures and rules for the efficient operation of the army were set forth one week later on march 9 in an apparent desire to eliminate any recalcitrant action in the legion a fine of twentyfivetwenty fivefaivefalve dollars and imprisonment of an unspecified duration was set forth for each offense by any officer or enlisted man who refused to obey an order it was also decided that all general parades would be held at nauvoo while each company parade would be conducted within the bounds of thath2thee respective companies to further facilitate ththee gradual growth or their forces the agreement was reached to allow two companies to compose a battalion and two battalions a regiment

5legionlegion minutes p 7 440I1 there was also to be one brevet colonel per regiment and one brevet 6 major per battalion As will be seen in later chapters many of hesethesechese1 original administratadministrateadministrativelseise and organizational decisions were modified or eliminated because ofolfouf changing circumstances and demands while there were undoubtedly additional court martimartlmartialsmartialecnartialsalsais and other meetings held to evaluate moreraore chingchangeses and additions to the evolving legion we unortunatelyfortunatelyunfortunatelyt have no detailed record of those proceedings according to hosea stout the remalremairemainingf ning minutes were either lost or stolen probably never to be known for future historians in the pen of hosea stout one can read that the minutes for the balance of 1841 were not available to him when he inserted his note on decemberdecembers 1843 elder stout speculated that they may have been removed from the permanent record while major general john C bennett had possession of them 7 whatever the means by which they were misplaced there is good evidence to indicate that there were at least three other court marllaismartials held that year on march 15 september 2 and september 4 from the commissions of some of the officers it is obvious that a court or at least a meeting of the officers of the court had to be held to have the approval and recommendation necessary as a prerequisite to the

Q grantingarantorant ing of the governors commissions 8

6legionlegion minutes appp 797 9 at7tlegion minutes p 9 8januscriptmanuscript document file 1841 located at the church of jesus christ of latterlatterdayday saints historical department hereafter cited as manuscript file 41

the commission ofor the prophet joseph smithsmichs-skutskuiint tahtzh isiis a suitablesuitaiquitaiD ae1e example

1 of this fact his colmacommission1 Ilssionassion as lieutenant general was aceddated from governor carlin on march 10 1842 but on the back of the commission the following note verifying the holding of a court martial can be eadrread headquarters nauvoo legion city of nauvoo illinois march 15 1841oath1841 oathoach of office administered by me the day and year above written john C Bennetbennettfc major general of thetine nauvoo legionlegrioo the commissions of other officers verifies the conducting of the re- spectivespec tive court martialsmartialemartials in september 101 the year 1841 also saw one of the most memorable parades ever displayed by the nauvoo legion according to the decision of the general court martial on the proceedingpreceeding february 20 april 6 was to be a day of general parade not only was this day the first general parade of the legion but it was notable because the cornerstonecornerstonesofcornerstonessofof the were to be laiclaid it was also the eleventh anniversary of the church with the fourteen companies of the legion that were located in nauvoo proper and two additional companies from across the mississippi river the legion members arose and reported early on the morning of april 6 for the review by major general bennett according to the timetimes s anda nd seasonssea s ons preparations for the great day had begun months

before but on that day1.1 just shortly after sunrise the artillery was

q 9commissioncommission certificate of joseph smith originally located at the hurchchurch1 1 of jesus christ of latterlatterdayday saints historical11 department iolegionIolegion minutes p 9 42 fired to call the legion members to their appointedappo i ntedanted duty for the celebration from seventhirtyseven thirty until nine general bennett was busy setting in order the six hundred and fifty men who comprised the ssix-X teen companies that presently made up the forces of the nauvoo legion 11 by nine otclocko1clock the army was prepared for review by the lieutenant general while approaching the parade ground where the troops were located the artillery fired some rounds of friendly greet- ing to their commanding officer and allaliail as reported by the timesT ime s and 12i seasons gave an appropuppropappropriate1 late salute while passing following this first brief review by joseph smith the legion was presented a silk united statessuates flag which was taken in custody by theofieuelenele legions cornet colonel robinson the troops were again reviewed by the prophet as they remained in formationformia tion and he passed in fronttront to properly ininspect3peest them he n terterwardsfterwardsafterwardswards took his place on the stand while the army passed inIM front of his position by their respective 13 companies the proceedings took about an hour and a half and then the assembleda s emlbled body was organized by general bennett to proceed to the foundations of thebhehe temple to participate in the ceremonies that would take place in the afternoon the procession was established by the following outline and the people present followed this pattern to the temple grounds uhliewhile according to the there might have been as many as eight thousand people present throughout0 the day

lltialti1 ltimesstimesmes andseasjjnsand seasons april 15 1841 HC vol 4 appp 326336326 336 luincykuincycmjincyCm jincy whiswhigehg g april 24 1841 121bidibid 331bid331bidibid 43

S uim13 1 a I1lesserlesbere S S e numbern e L Uundoubtedlytid0t b t-c d I y pparticipateda r 4 1 c 1 iia t 0d iinn tthislilhll111s Pprocessionalr 0c estesz s i 0 tia Nneve-everevec r

rthelesstheless the churcichuccichurchll11 magmagazineazlineawline reported that 0owinging to the vastvlast numbers

0 whowiiowilo ioinedcoinedjoined in thet ie pprocessionJL o essionp it was 0a considerable length of time before the whole could be organized wiatmlatwhateverMiat ever the size the vast assemblage marched in this order lieutenant general sinithsmith brigadier generals law and smith aide de camp and conspicuous strangers general staff second cohort foot troops ladies eleighti ahtght abreast gentlemen eleighti ahtght abreast first cohort horse troops 14 upon arriving at the temple site the generals and their staffs created the inner formation of a square and the infantry and cavalry formed the outer formations with the ladies gentlemen and visitors 15 sandwiched in betweenbeltbeitbelhween the legion forcesdorces the final events of this historic day took place on the scene of the morning parade grounds after the laying of the cornerstones the troops returned to the parade area and were addressed by the major

r general who acknowledged their obedience to orders and their soldsoldier-k er- 16 like appearanceit joseph smith also addressed the assembled forces and extolledexcelledextolled their service and accomplishments of that day while we do not have an exact transcript of his remarks to these men he did rcfordrefordacford in his journal under this same date favorable comiecommentsfitsrits about the performance of the men which helielleile commanded

141bidbid ibad151bidibld161bid ibid 44

the appearance ordjrfordjrorgl&jo audand novtovt melll& afuf tthecheh e legion were cchasteasteasce grande adaldeld impositimposingig and refcctedroflsctcd great credit upon thethachecha lastetastezaste skill and tacactcacat of the men coicomprisingcot tp rising said legion we dldoubtloulbboulb t whether the like can b presentpresentedfd in any other city in the i7 1 ia western countryLW I

A poem written by haseahosea stout for the anniversary celebration was an appropriate expression of the saintssaincs1 joy anda d pleasure with the 180 day and especially lheahe legion of naxiv01nauvoo11 another poem was penned in

july of the same year by eliza PR snow this one possibly for the 19 parade on the third dofdohdothbothth of0f these appropriate poems are reprinted in the appendix it becomes obvious from this display on the eleventh anniver- sary of the church that the legion was prepared to display its abilities and progress even though they were not fully organized A more perfect and full organization of the legion was initiated less than one month following this anniversary display on may first

1 20 additional regiments andalidaridarld compardcompanieses were established to reiterate while we have no transcript of a court martial on this or immediately proceedingpreceeding daysdcays some must have been heldheid in order for such important business as the creation of three new regiments and the election of their attendant officers certainly a court had to be conducted

17itcHC vol 4 appp 326327326 327 13journal13journal history of the church of jesus christ of latterlatterdayday saints april 6 1841 located in the church of jesus christ of latterlatklaakter day saints historical department hereafter cited as journal history

ige 4 elmesminesA mes and seasons 1 1841 tines elieji los108133128l08 juuly 9

200 FEC journal historyHU s t oa v may 1A 1841 Hrec vol 414 0p 353 45

i a Ppriorr A or to thithlchichisuhls 3ctactactionionlon on may first tlthereere were only indalindividualvidu indindependentpendent companies existinge isting within the Leglegionllanlloniban but through this act the first threthreschresft regiments two in the second cohort and one in the first cohort were ol01ficiallyofficiallyfiliallyficiallyaily iintitutedinstituted1nutituted and previous companies were now included into thesechese larger military uniltunitsugilts these regiments with their elected officers were first established as follows first cohort first Regitaregimententenc george millermilller colonel stephen markham lieutenant colonel william wightman major second cohort first regiment charles C rich colonel titus billings lieutenant colonel john scott major second second regiment W higbee cohort francis colonel 21 nelson higgens lieutenant colonel aaron H golden major three days following this beginning organizational step in building ttheL le future force of the legion general orders were issued through the legion headquarters these orders consisted of three sections that were to be distributed throughout the legion by individual officers of the army the first part of the co-commandgandmand called for the orofficersficersacers and enlienilenlistedmenenlistedstedmenmen to report for full legion parade& on the third of july the second part inserted a letter of stephen A douglas to general bennett explaining his opinion regarding service in the legion and the third section was a letter from joseph smith defending the purposes and organization of the legionT this latter statement indicated that anyone could affiliate himself with these troops any 229 citizen of0 hancock county regardless of his religion was eligible in offering his opinion judge stephen A douglas indicated that any citizen of thechedheLIpteapte county could attach himself to the legion if he

21 ibid

22hcHC vol 4 appp 35435535543563574356353435535435543534 356355 46

i 4 J hawis so desired and the prophet josephjose ph smith aladded hishalishalls agreement to this view the prophet further encouraged all his friends tot0 join in some way with the legion he additionally both ordered and insisted that all members of the legion be totally courteous and descent in all their conduct both private and public 24

As more lueniueninenuenmen were enlisted and commissioned in cheitheiche nauvoo legion it was necessary to expand the existing forces accordingly on july 3 1841 the day of another general parade and celebration the second regiment of the first cohort was organized there were four companies attached to this regiment the same number of companies were also attached to the third regiment second cohort which was also begun that day the elected officers of the respective companies were george coulson colonel josiah ells lieutenant colonel hyrum kimball major

I1 colonelco loneione george moreymoceyn11or ey lleuteucintL leutenfleutenaatntint colonel uilliaia i oc niswanger major 25 furthermore it was on this day according to the previous decree of the court martial that a general parade and review of the legion was to be held Iin1i n celebration of the independence of america following the review and patriotic address of lieutenlieufcen3ntanic3nic general smith all the officers of the legion and seme church officials met for a dinner in the grove ittt was during the activities of this day while addaddressingL essing his troops that the prophetradoRAropadophet made his famous statement regard- ing his love of america and his desire to serve his country 1 I would

2hcjhcHC vo 4 appp 354355354 355 2411cTC vol 4 appp 355356355 356

25hc volvoi 4 P 382 journal hishistory july 3 1841 47 aska k no greater bconaconbconfl he saidsaldsaiclhaicl than to layley down my lifeilfe1414 c for myray countcountrycountry126rv 126 the joyouy ard celebration of july contrasted the saddnessfeltsaddnessfcit in the following month of august A great loslossios came not only to the smith family bulbut the nauvoo legion as well when on august 7 1841 brigadier general dendon carlos smith died an exceptional latterlatterdayday saint and honored by many who knew him don carlos was elected to the high office of brigadier general while only twentyfourtwenty four years of age prior to serving in this responsibile position he was also given other military experience shortly after arriving in Concommercecounercemerce he was elected to the office of major in the hancock county militia and later was 27 coicotcoitimisnimisTimisnmissioned1 stoned a lieutenant colonel don carlos brother had the sad dutydulyducy to announce the demise of the unandercoulcommandercorrconr of the legions second cohort Preceproceedingeding the general order which announced a court martial a general parade and another special court martial the lieutenant general made this statement it becomes our painful duty to officially notify the troops of our command of the untimely decease of that noble chief brigadier general he fell but not by battle he perished but not by the weapons of waratwar at his burial you paid him honor but he iiss gathered to his fathers to receive his greater honor 8 due to the death of don carlos smith it was necessary to appoint others to fill the vacancies created by i-lis absence on the court martial of september 4 charles C rich was elected to the office

26wars26warsaw26Warsawaw signasignal july 7 1841 HC vol 4 p 382

hact7hchjc vol 4 p 400 times and seasons august 16 1841 28ibid281bid 8 48

4 i b y 60 formerly held by brabrigadier60.60wedler general smiths- and titus bil11billingsngs was pro- moted colonel in the place of charles richpichplch john scott was elected to the office of lieutenant colonel and hosea stout to the office of 9029 ma3ormajormacor further additions to the legion were made in august twelve assistant chaplains six to each cohort were appointed eleven of these twelve were members of the council of the twelve the only exception being william marks the assistant chaplains of the first and second cohorts respectively were brigham young heber C kimball parley P pratt orsonocson pratt orson hyde john taylor wilfordw1wa woodruff william smith williard richards john E page george A smith and william marks 30 another parade for this year was conducted on the eleventh of septemberSep cemberLember nothing is recorded about the details of the parade except to indicate that they met according to order the troops were personally reviewed by joseph smith and the prophet delivered a military speech which according to hosea stout was given in his usual energetic style 31

40 prior to4- o the general parade on the eleventh the commissioned and commissionedtionllonilonnoncommissionednon officers and the musicians inetmet for a twodaytwo day camp and ddrillaill duty on the parade ground according to the drill officer A P rockwood this camp was in preparation for the parade to be held

29 HC vol 4 p 414 30covernorsgovernor1sgovernors military correspondence legion return to state adjutant Cenegeneralgenerax dated august 10 1841 31 31hc11cy volvoi it P 415 49 on the eleventheleveclevecieverthathnth and was mandatarymandatory service for officers priorpelorp1paloriorbior to all general parades 32 one ofot the few battles and millmilitaryacaryocary actions conducted by the legion occurred on october 30 being subject only to the governor and mayor of the city the legion was ordered by authority of the mayor to destroy a grog shop owned by pulaski cahoon having previouspreviouslylv been declared a public nuisance by the city council it was accordingly torn 33 down and removed from opetoperationati011 thomas sharp a constant critic of the nauvoo legion and editor of the warsaw Ssignal reported his version of the battle his sarcastic remarks found in the december 8 1841 signal are applicable to this incinqincidentiden t

MORMON MILITAUMILITARY operations our reader will recollect that rr there was a grocery in nauvoo near the templetempieL lpleaple which had not- f 1 f 7 withstandingi anding the tetemperancemperunce laws of theche citciccit7cityJ been countenanced for some limetime jojoe recently found out thatthadchacchad this grog shop was c not a bebenefitlej at1t to his cause and therefore declared it a nuisance not belhelheibeingi ng moved according to order lielleilellelieile called out the terribleenriberrib le nauvoo0 Le lonionowhiowhicnchicwhiccnri with woreswordwordswores jsjspeairsspeersspearspeairs muskets pistolspisjolsistolastol s and jpdannelpa bonersonerss marched intn solid column with undaunted hearts up to teyapltempletemplatempia hill and there made a most valiant assault upon said grog shopeshop and totally demolished it this mmostostosc courageous action of the nauvoo leirionlecrionlegiondecLecrion will undoubtedly entitle it to a highmagh place on the tablet of fame more especially when itI1 is remembered that this was their first battle and their enemy was a goggrog shop e ight feet lonoionolonglonaiona by ten wide lilillttltit151 34 thenilevile final leailegilegionon action of any noteworthy csccaccountaccount for 1841 was on Novednovembernovemderber 30 following a court martial on november 30 the members of the court decided to cashier two of their members david smith and joseph Holbroholbrookholbrooltolt who were charged with thievery and convicted of the

32times32timejjjlseasorgand seasons august 16 1841 33hcHC vol 4 p 442

3 warsawwar s aw signalS irnaigna 1 december 8 1841 50 offense it wiswas apparently believed by some who disliked or mistreated latterlatterdayday saints that not only did mormons sceal but thievery was encouraged 0or161.61646 even condoned to be engaged in to partially defend the latterlatterdayday saint position the prophet joseph smith even appeared beforebeafore the mayor of the city john C bennett and swore he never directly or indirectly encouraged the purloining of property or taught the doctrine ofollolf011 stealing or any other evil practice and that all such vile and unlawful acts will never receive hishl s unqualified and unreserved disapproval and the most vigorous opposition of the church over which he presides and further this deponent saith not 10335 nevertheless when this incident of stealing curedoccuredoccurredoc committed by two members of the legion it might have tended to verify some ruspisuspisuspicionscionschions and the court martial seemingly felt justifiedr in punish- ment to the offenders the concluding orders for the year from the nauvoo legion head- quarters were issued on dedeemberdecemberember 20 1841 the general orders dealt wiwithitheth the required returns of legion forces which were directedL to be forwarded through the respective adjutants to the legions adjutant general he would then submit them to the state adjutant general officers dealing with thecheetie court of Assessassessmentmeatment and court of appeals were

i instructed to hold heirtheirt respective courts immediately in order to 36i conclude the finesfinescines and appeappealsallsailsalis for the year additionally the orders called for a general court martial to be held in the coming year on the second leurdaysalsafsaturday of march the first

35timesT luieinielule s andand seasons decembedecemberr 1 1841

36tiniestime s and seasonaseamonaSeaseasonssona january 1 1842 i 51 general legionA parade was also schedulescheduled for the seventh of my the first saturday of that month and iin11gigl1.1 preparation for this general paparadegrade the exexisting1i sting officers from the brigadier generals to the majors were to order respective ranking parades for their units to effectively

1 0737 prepare for this legion exhibition to be held Iin1n may these finaleinaieinal orders for 1841 were issued by the legions lieutenant genegeneralal joseph smith jr and the concluding paragraph

a of the orders effectively1 flecffectivevely indicates the spirit prevalent in the legion as it ended its first year this military unit which was less than one year old had already been molded into a relatively effective military force strict with discipline and anxious to enforce the most rigid ilitarymilitarymi example the corrcornmandingcommanding officer stated that the officers concerned are commanded to report to the major general any violation or disobedience of these general orders as the utmost rigor wwill111 be observed in their execution and the most severe penalty of the law QO inflicted upon any violation of strict military discipline a8aa

371bid37 ibid 38ibid CHAPTER V

A MORE PERFECT organization

in 1842 the nsuvoonauvoo legion conliconticontinuedaued to expand its numbers and increase in valuable experience to the officers and enlisted men this year also witnessed the beginnibegionibeginning1 ng of many troubles that were to follow the legion until its destruction was secured a few years later apparentlyapplapputrentlynrently the excitement and impressive scene of the previous general parades in 1841 were worthy of repetition inanA n the second year of legion operation early in the year many preparations were begun to conduct other parades the first general orders of 1842 which were issued on january 23 1842 alluded to the necessity of making adequate preparations for the first general parade to be held on flaymlaymay 7 eager to have all circumstances particularly the arms in proper condition for inspection joseph smith ordered all the public arms will be required to be in the best possible condition at the general inspection and parade on the ath7th of may proximo and no deficiency whatever will be countenancedcountenancer overlooked or suffered to pass without fine on that occasion all persons theretherathereforethereforeforeeore holding said arms will take notice and govern themselves accordingly and in order that the general inspection may pass off in a truly militamilitaryy style allailalialikeikeoke honorable to the legion and creditablcreditablecreditablyn to the citizencif tizen soldier the brigadiers are required to attend the batbattaliontallion parades within their respective eolcomeomcommandsands and inspect said artrisarlrisarms in proaiaprogrisprogria persona prior to the general parade 1

ljosephjoseph smith history of the church of jesus christ of latter day saints ed B H roberts ad2d ed rev saltsalcsaicsa14U lake city deseret book company 1967 vol 4 p 502 hereafter cited as HC limes and reasonsseasons february 15 1842

52 53

t perhaps to add to I1thetietle grandeur and elcexcexcitementltemeat of the occasion

1 1 i the lieutenantdieuluieul0 anantenant general nvitedinvitedA se-severalvreralveraivecal dignitaries and special guests antongamong other dersonspersons a special invitation was given to110 o the governor of

illinois the circuit judge stephenstephean A douglas inetrimembersbers of the bar military officers of hancock county two colonels from the iowa militlmilitamilitia1 a and other high ranking officers from the neighboring state army of lowaiowa 2

to prepare for the important events of maykay 7 the legion held a general practice parade in late winter the details of the march 11 1842 parade aarejre recorded in joseph smiths own diary his brief

accountC records the nauvoo legion was on parade commanded by lieutenant general joseph smith in person several of the twelve apostles rode in the general staff as chaplacheplachaplainsans the line was formed at 10 oclock am aid soon the legion marched

1 from their usualuducusucA l place of parade below the templetempie to water street in fronttrontfronc of general smithsSmitthS hou-housese where the troops were inspected and after recessA marched sestvestwest on the bank of the river endandund taking a circuitous route resumed their usual post on theehechebhe parade ground and closed the day in good order and with good feelings and toco the of feeling3 sl full satisfaction ththecheuhe conunan4commander1eraerwer in chiechiefLs the following day on saturday march 12 1842 the first general court martial of the year was conducted at the home of joseph smith the prophet gave a brief indication of some of the important events of that court 1 I presided over a court martial of the officers

of the nauvoo legion at my omotanooxanm house he reported for the purpose of deciding upon the rank and station of the several officers and the more perfect organization of the legion k4ka4

2 3 2hcjhcHC vol 4 p 502 ah3hlic4 vol 4 appp 549550549 550

elic4hc4lic volvoi 4 P 550 51544

in attemptingberaptterapt ing to arrivearr ivelve aatt the edoremore perpepperfectec organization or-aA

0 lowy 1 I1 sa 1 the leglegionon it was ncnecessarycessarnecessar o ujkemakeyake mnyinamnyloty alterationsa I tera I1 ionslons andnd modimodlmodificationsIT ica t ons the proceedings of the court martial indicate several rearrangements and changes the minutes state that on motion of major hosea stout the city of nauvoo was divided into four militmilitaryarv districts and that these districts were to bewe bouinboundedded by the same boundarboundaryboundariesi6es ofoftibes the four church wards within theuheciledile city furthermore the numbers of the respec- tive districlsdistricts welzewereweze to correspond to the same number of the in which they were loto10 be arrarranaedarrangedanaed these four companies were then to comprise the fourth regiment of the second cohort the regiment was effected in its oraanizationorganization on april 2 1842 and its first officers were jonathan dunham colonel james brown lieutenant colonel and

I1 jesse P harmon hajormajormajoya J or it was also decided inn this meeting that captains allredandallredalired and turley of the present company militia districts were to raise two companies of volunteersvolun teerateeros the first company of captain turley was to remain in its present capacity of light infantry 5 officers all of this was to be done prior to the may 7 1842 parade the first ordinance of the legion was likewise approved intro- duced by major general john C bennett this first ordinance like the four other ordinances published that year was a compilation of previously agreed upon policies procedures and rules that were to govern the legion many of the priprivisionsprovisionsvisions in this first ordinance were passed upon long before this meeting while some were arranged and

inq minutes and ordinance of ororganizationCWyaaization of ttheuheine nauvoo legion february 3 1841 to october 20 1844 appp 101110 11 located in ththe church of jesus christ cfof latterlatterdayday saints historical department hereafter cited as legion invtesinvitesminutes 55 approved more recently the entire first ordinance is reproduced in the appendix finally it was determined that all laws passed by the general court martial were to be published with the proceedings of the cilycity council other details 0of the court martial are unknown since the remaining minutes were lost the records of a court held exactly one weweekk later were likewise misplaced only abra briefiefcef remark about a procedural detail in legion affairs was left it was decided by the general commission and resigned that promotion would be removed to the general rank of the legion forces 6 it was almost two months 10lateriglercerter until any significant legion activities occurred orders outlining the events for the may 7 parade 7 were circulated on april 28 1842 because of the elaborate events and unprecedented display that was presented on this day the entire order0rderrvrerarder through three oclock 1isLS prprintedintedanted in the appendix conforming to custom and proper military procedure prior to general legion parades the officers of the legion met for two days of drill immediately pro- ceeding the general parade these drills were under the command and direction of the drill officer of the legion even the lieutenant generalgerevageneva was not exempt froi-fromn participation in this event joseph smith 0 recorded his involvement in the daysday activities

by may 7 the troops had grown to over 2000 men spread over 9 twenty six companies after obeying the orders given to them by the

6 legion minutes appp 111511 15 timesT ime s anda nd seasonsS e afonsasons marcy 15 1842 8 iwaso7wasos april 30 1842 8hcjhchc2 vol 525 pop 3sas3 91bidbid 56

21 majomajolmayo gnalGeagentAaluialulai thetuetiketine 20001 ooo000 unwenmenmun urewrewere dismissed for lunch many ofoc the

1 beriberlgerigeneraleral officerofficers & ofelfoffeln tbthe legilegionorlorg and the staffs of the lieutenant general 4etheche4 e major generals the 11usi4musiciansilans and the staffs of theche brigadbrigadabrigadierierler iai0 generals were invited to a dinner at theliilelle home of the commanding officer the inviltat2iinvitationon below was extended to those concerned ath7th of may dinner general joseph smith and lady present their compliments to the officers and their respective ladies of the consolidated k0eneralgeneral staff of the nauvoo legion that is to say his personal staffscaff major general bennetts staff and brigadier general richs staff and respectfully solicit their company at a reportraportort miutairemilitaireminmilimiU taire at his quarters on the ath7th day of may aroxiproxiproximo1110 at 1 olockoclock pm general bennett has been ordered to give a beopropeoprograiamoprogramsprogramogramo of the operations and field exercises of the day which will appear in ample form and in due season april 28 184211 following the dinner at the home of the prophet the troops

I1 laetmetmec again and by three 0oclockC tocklock were ready for a shamsharashana battle between tthlethethiehie first and second cohorts the arrangement and alignment of the forces for this battle is reproduced on the following page sham battles served a useful purpose in building morale preparing the troops for possible conflict and allowing officers to observe what degree of

I1 proficiency their army had attained on thischishasJ day the two cohorts were separated and charged in mock battle to show their preparations for war 12

loiblibidd wasp may 14 1842 times and seasons may 16 1842

lihaswasp april 30 1842 1-an11rar original invitation is located in the manuscrmanusarmanuscript4 pt document fileelleelie of titheoleoze church of jesus christ of latter- day saints ihereafter cited as manuscript file 12 HC volvotvou appp 353 5 lieut gen joseph smith staff guards audandcud4 nd ladies on horseback

bands of music

maj gen JC bennett and stafstaffscaff

444 w yi44y i n caCO H- 44.n OQ 0 0o a CO 0nD CO rlr 4l n 3 ccC C 0 0 s r u V 0 aj4j & 44 rt 0 0 0 u 0 & 0 u P 0 0- c T 1 005 u r n 03 CACM rt 0 0fi h1 h 00 hih kak4 PQ

artillery

FIGURE 10

FORMTIONFORMATION OF MAY 7 1842 SHAM BATTLE 585 8

one event surrounding thechetinecine shanshunshamshum tight did mark the special day however the troubletroubietroub lo issued from a contronlationcoiifronlation between lieutenant general snithsmithsenith andnd major general bennectbennecaBenne ct it is clear that bennett atteaiptedattetupted to killk liltii111 01or have someone kill joseph smith durlduriduringi ng this battle according to che prophets record bennetBennefbennettbennetttct invited the lieutenant general to totakehakeke command of the first cohort to do this of course would have required hihimhirnhianrn to leave the protection of his personal guard 131 on the stand wisely the Piropicopacoprophetphet declined

persisting in his plan Bennetbennettbennetttfc asked the prophet to take position in the rear of the first cohorts cavalry again without the benefit of his personal staff this apparently sounded unwise to captain albert P rockwood the drill officer and commander of the lieutenantI generals bodyguard and he accordingly advised against this foolish move reedingheeding the advice of his aide the proopropprophetriet declined this solicitation too but it was also roughthroughCh the spirit of the lord that joseph smith received a confirmation and warning that such a move would jeopardize and possibly yield his life and he began if general bennettbennettts true feelings towards me are not made manifest to the world inilllii a very short time then itltI1 may be possible that the gentlgencigentlegentiegenciele breathings of that spirit which whispered me on parade that there was mischief concealed in that sham battle were false a short time will determine the point let john C bennett answer at the day of judgment why did you request me to command one of the cohorts and also to take my position without my staff during che sham battle on

13hcHC vol 5 psp 44vav 59 the ath7th of mamayr 1842 where my life might have been forfaforfcforfeitit and no man ha-havere known who eidelddid the deed 1 14it inskiinspiinspiteinspireltealte of this single stain upon the day the battle and days events were an unprecedented spectacle after the many spectators viewed the sham battle they listelistenedliedried to an address from lieutenant general joseph smith at five oclock another dinner was held for those whowiiowilo desired to remain within the city the legionnaires who wanted to stavstay were likewise invited while we do not know the exact number who attended this second feast one account indicated that forty two weilwell dressed ladies did grace the affair one of the most event- ful days in the history of the legion had ended 15 this day also revealed the beginning of the end for the legions firstlvlajorfirst major general when his sins and insincerity surfaced shortly

1 after this episode he became the third nannantmanmant to be cashieredc isi s hiererhiered fronfrohfrom1 I the nauvoo army within a few days six different charges were filed against general bennett the court martial found him guilty of 1 un officerlikeofficer like conduct 2 conspiracy 3 attempting to commit suicide by taking poison 4 abusing insulting and shamefully mistreating ladiesladlesindies

at the funeral of don carlos smith Bennetbennettfc apparently ordered some members of the legion to charge with their bayonets and priprick1 ck the women who he thought were sitting in the wrong seats 5 cormcommittingnitting false and deceptive acts pursuits and practices upon female chastity amount- ing to gross debauchery seduction and tendering his professional services to those whom he had seduced to produce abortion ifI1 necessary

15wag 141bldibid i Z myma Y li 1842 60eo in order to allay their fears of thehe consequencescons equencesequence s and 6 being an accessory to a conspiracy against che peace and welfare of the people and laws of illinois 1646 two days following bennetts resignation as mayor of nauvoo on may 17 joseph smithsmichsglitlli was elected in his place and during the election the prophet received a reveirevelrevelationcation indicating that hiranthiram kimball and others were circulating gossip aboutabout the president of the church so serious and farfarreachingL reachingA did he consider these lies thatt he revealed his awareness of these falsehoods this ie the revelation 1 I threw across the roomroona to hiram kimball one of the counselors declarerdeclared thetlle prophet after the election I1 spoke at sorlinsome length concerning the evil reports which were abroad in the city concerning myself and the necessity of counteracting the designdesignsts of our emleremieremlenenemiesen establishing a night batchywatchwatchy etc whereupon the council resolved that the mayor be authorized to establish a night watch and control the same ft17 consequently a night watch was established on the twentieth the newly elected mayor ordered the legion until further noticenolice to

ACII 41ud conduct a nightly watch ordinglyaccordingly414.1cordinglyordingly the legions major general issued a proclamation to all citizens of the city to that effect the taeruentaeumecmen from the legion who were to man this twelvehourtwelve hour watch from six pm until six am each day were D B huntington W D huntington L N scovil C allenalienailen A P rockwood N rogers S roundy and J arnold

16manuscript16manuscript file 1842

17h17hc volvoi 5 PP 121312 13 61

I eacheacn day at sizsixsliesize in the evening these1 tese trienmen were to0 o report to the mayors office and receive orders loto10 be executed that night welvegeivetwelve hours later as the new day broke they were to return and report their observations of the past night on june 3 1842 additional men were ordered to assist in the ni-nightht watch majorma or general john CG bennett commanded A H redfield 11 clark S B hicks E H derby john A forges G goldsmith daniel camcarn and john G luce to assist in the watch 18

june 3 1842 was also a day for another general court martial after the officers gathered and took their seats according toco rank they began to discuss the legion affairs for some reason perhaps because there werent enough fines the courts of assessment and fines were postponed until after the july parades another item ofor business saw the second ordinance of the legion introduced and read to the coortcourtcolcoi irtairt this ordinance is reprinted in full in the appendix the court also gave thanks to john C bennett for the able discharge of his duties as major general the secretary of the court james sloan indicated that the commissiocommissionednec officers decided that all heads of departments were to be breveted to the rank of brigadier general this included the adjutant general the surgeon general the quartermaster general the commissary general and the paymaster general additional promotions wer rasonasoso approvedapproveu3 for ststphenphen harkmarkhmmarkahmMarkmarlkhnmhm from lieutenant to the office of brevet major general and finally the third company of the second regiment first cohort commanded by captain follet was ordered to be

wa sj may 24 1842 june 4 184213421841218442 62 attached to hethe second battalion of the ferstfirsteustfiust1 reglregiregimentment in the first ta cohort t9

the colccrirfcirtairt also heardbeard a complaint from john H tippets colonel francis M higbee was accused by tippets of neglecting and refusing to holdhoidholhd courts of appeal and asessmentsassessmentsessments of fines the affwavaffidavitit stated furllfurthermorenertaorenertaore that tftaaftath legion had suffered considerablecons idaraab le loss for this neglect higbee was charged with inetlletilei ne offense of allowing delinquents to escape punipunishmenti shmentashment as well as the forfeiture of monies from thechecileclie legions treasuretretasure by not rimposingi mposing fines while most of the courts martial were concerned with legislature matters soinesome were occupied with ludlludijudicialf claicial issues besides the example above the trial of john bennett and the two soldiers convicted of stealing arearc also illustreillustra tive of this fact 200

at leaoleaset two other judicialludve aal4al trialste rial S were conducted in 1842 upon

the testimony and allegation of dimick B huntington a captain stoddard was charged with officerunofficerunofficedun and ungentlemanly conduct another wittwitnessless for the prosecution levi W hancock also testified that stoddard was

intoxicated and deliberately charged I1intoi nto the legion band he further serifverifverifiedled that the captain pickedp 1i ckedaked up a drutadruiadrumdruin and while vigorously beat-

i ing it uttered profane language and for about twenty mirmigminutesnutes harassed the band the inebriated soldier was found guilty and fined five dollars 21 A second similar trial was convened may 28 184238421.842 major general dennetdennecBennetdennettbennettfc had issued an order on may 16 1842 ordering the court

I1 j9legionlegion minutes appp 161916 19 20mianuscriptmanuscript file 1842 bieble2libidbid 63

2f to assemessemassemblebleuleuie andnd hearj thetheithes chargchangchargese S the members of0 r leethetee court brevet

I1 hajorhajmajormaj or generalsgenera1 s hyrum mithsmithsmich niiuliwilwilliamI1 lattatiatatataa lawlaw alberalbertt P rockwood george W robinson colonels danisidanial H wells titus billings brigadier general charles W rich and john taylor judge advocate met at the designated hour of 400 pm A complaint filed by amasa bonny against brigadier wilson law1 aw was read and considered by the court martial the charges were 1 law stuck bonny with his sword 2 the brigadier general threatened to cut me down and 3 used abusive language without any provocation even though the witnesses including law conceded the veracity of the arcaccusationusation it appears the defendant was found innocent all showho testified stated that bonny had acted contrary to orders andmid after repeated commands from general lwlaw continued to disobey his superior officer and while no verdict is recorded it seems that

1 Law w C 4 rdcd Is a wiwilanwilcnI n larzlcr7lanz wasa s aacquittedcL u becauseb e aallaliayi11 the recordedccor tctestimonyt irionsiriony ucowaswc s algclgginstins t 23 amasa bonny soon legion activities turned to less contentious events celebration of americas national independence had arrived and the troops of nauvoo were again required to display their martial talents and precision under the supervision of their chief reviewing officer on the 24th of the proceedingpreceeding month general orders regarding the parade of the troops were issued by brevet major general wilson law who was acting in the capacapacityciLy of major general replacing john C bennett the orders highlighting the events to be followed that day are in the appendix 24

22manuscript22Manuscript file 1842 231bidibid wase24waspwasp junejuno 25 1842 64

otherocherdiltrltrlfitrofifi cecdetailsdecalisa of thish iparader k howeverc er 1 arer 1notnob recrecordedr inn thesecheseh gegeneralnexal crrcroordersersors at noon tohoweverr bbecauseasazs ofgf the ststrenuous0 bousuous events to follow0 ow inan the aeteracterafternoonacternuonoonuo a andaridarld becacsbecaasbecause thetichedhe teatherteecherweather showedsito d arianare unfavorabeunfavorable appearance 11 the troops tieviewerewece dismissed for refreshmentsrosrmrosam t orders to mrneuvmaneuver r vetevecewerewece barbacbarkedbackedec by the lelieutenanttenant generalgenerelgeneragenere through a devicev ce calledca lelllecltech a spezspeakingig trtrumpetcrumpetumpei 50so importantnpcr lantcant waswa s thithlthiss foulfourfourthth of julyvy in nauvooravooaavoo that there recewerewece threthree steamboats of vsitarsvisitorssicars in the otycity forfox the days festivities the nauvoo narwarwaswassgass estimated theacheatherethemchere verewere upaupwardsards of iaoj11000laoj people to observe the evetsevents 5 soeatwsometimea on the day of the parade a cocommitteeciteenitee of ffiveivelve men wereware selectselectedfd andaridarldanid appointedappon tedced to revise the previously established lawsaw of the legion uhlieubilewhilehichie the tartaxwarwau Seresecretarytarytacycacy was to act as the secretary of this committee additaonadditionaladdiadditiontiontaon 1 members were wilson law C CL richich A P rockwoodpa wood colonelcolcoi n 1 hugh lcealacealmcfall andnd erastuarastuerastuserascus H derby 0 during hishi s addreaddressLs to the assassembledmaled armyarrayarmay in the afterafternoonneonnoon osephjoseph smith indicated two cf the reasons he maneuvered for the estab- lishlishmentzentment of the nauvoo leglegionn 11 to shoshow the saintssa ntsants cabadicabediobediencece to the argarcrgarorganizationatlon of government and 2 to be a protection for the latter day sasaintslotsintsrots from ffutureL re mobs on tthee ttwelfthef h of julyduly tiethe ccityty council passedp assed a third ordaordjordinancero that madymcdymodifieded coraincocaincertain operasoperationsionslons olof01 the lagonlegonlegion several hamsitemsgamsgems were designed to btteratterlter prepare the legion for more efficient function- ining thet ti february 3 811841 cily statute was Etendelrendelamended to no longer require the leutleucaleutlieutenantantancsnt gereralgeneral tcto act asa s president of the gnealgeneral tourtcourt martial he was allowed to addndd tcto hshis stafstafff of chiefnef chaplain who was tcto have

25 aa 27 2wasawas july 9 a81842 flegion minutesminucesMinuirucbruc ceseess lipgyp 20zo HC voisvolvoivols 5 p 575 65

4 0 & 0 the ankrank of colonel 1 all officers were allowed too beDC elected ditlwitlwithoutlhouahou t the prior approval of illiettllellelie general court niartialmartialmarcialmarciai allailali futfuturefuttirefuctirelire vacancies wewerebrekre to be filled bvbyb v proper elections not by the granting of brevet commissionscammicommi csionschions and lastly the major general was no longer required to act si7alcaneourlystnusanu ttaneo a ly asos retryecretryecretec ry to the courtcourt martial and adjutant 289 and inspector general this latter act was approved probably to allow thathth0 lieutenant general laorecnorevaore ttimeineinqanetne for his other responsibilities the following month on the third day of august an important court martial was held in the office of meeting at 1000 am the roll was called and the officers discussed in the morning session the third ordinance of the legion A copy of these approved regulations and policies is in the appendix adjourning at two oclock for one half hoarhourhoac the assembled officers ruellaetmelmet again to elect a major general injin place of john C bennett who was cashierercashicashieredered after the election was closed at three thirty the ballots were counted with the following results lyman wight fortythreeforty three votes wilson law fifty votes 29 the final court martial of the year was conducted on october 15 18421342 stat theoneune home of hyrum smith with their new major general wilson law piepresidingsiding over the court the commissioned officers passed the fourth ordinance that affected thecheuhe affairs of the legion this final ordinance is also reprinted in the appendix eachsectioneach section was readroad discussed and individually approvedappiapplrovedcoved jijamesimes sloan the war secretary

28legion28legion minutesminusesmli nutes appp 202120 21

291ICHC vol 5 p 84 leglegionlonuongon minutes appp 212321 23 manuscript fileflie 18421342 66 and secretary of the court recorded a separate court decision from this meeting thatthac no officerol01f ricer who vaswas expected to be at the court would

f 1 be ffined7 ned or punished for nonattendance at the courtscourt- s meetings 30

there were arjeorjesorie officers who not only attended the court martialsmartimartialeals but also continued on their own timetilliecime to improve and perfect their military proficiproficiencyprofacif ency on thetha fourth of august the prophet recorded iain his journaljourneljouraalrael for example that helieile in company withw th about fifteen other soldiers practiced a sword exercise undertinderlinder the direction 31 and tutorage of colonel brewer it was also duringd ix nan9 this month of august that the Tlieutenant general gave orders to his s ecoidecondsecond in command major general wilson law to use the legion to fight to the end if necessary to defend their liberty property and their lives against any assaults from the 323 missourians or iiiinolsansiiijaiolscans the last general parade for this year was conducted on september 24 since the lieutenantlieutenanclieutenanitLieutenanc general of the legion was occupied withwith oherotherochero her business the troops were reviereviewedWed on this occasion by mjormajor

1 general wilson law at present we have no further details about uli613tillsS particular parade but it is reasonable to assume this one followed the patternpatCle rn of previous outings it probably included a passing and revirevlreview1 euievieur presenting of arms mdand inspection of the same and varied military maneuvers to display the coordination and discipline of the trained army 33

30lezrionlegion minutes p 24 hac31hchjc volvotvou 5 ppo 84

32hc3211c volvoi 5 p 165161 6 3371cHC vol 5 p 165 676 7

one day previous to this parade george miller had been elected to the ofoffice1nceace of brigadier general to fillfeil the vacancy created by the promotion of ulisonwilson laolawlaty to major general other advancements were necessnecessarynry to adequately fill the ranks promotions were awarded to sztosztephenstephenshephen markhammaikhemkham a colonel of the first regiment first cohortco 1liortfiort to replace george miillerMImi nelherneriller and john D parker was elected lieutenant colonel to fill markhammarkhamss vavacleacyvacancyclaucyCleacy thomas rich was sludsindsendsimilarlyilarlyilaray promoted to the office of major to replace a major brightmanvrightmanightmanqrishtmanvr who hadbad died 34 these verevecewere the concluding promotions for the years

bibid3ibid341bid citcilNPUERCHAPTER blaiATAI7vtI1

HOW lairgrLAIRGr einsWINS THE NAUVOO LEGION

perhaps one of the most puzzling questions about the nauvoo legion has revoltedrevolvedrevo llred around the actual sizes 1 ze of these troops exactly how many men were in the legion some have aimedalmedclaimedcaicAl thatchat the legion was near 5000ooo 000 troops at the death of the prophet joseph smith while the troops probably did reach their highest palalpaintpointpalac during 1844 present evidence seems to indicate that they probably nievernever attained a high of 5000 officers and enlisted men there was probably slightly over half that number most 11iili1.1aelyabelylikely1delydeiy about 3000 men at the peak of the legions operation there are many evidences to suggest this cancluslconclusionlon it

i i mightir ahtght be most helpful to return to the beginningbeg I1ningn AA ing of the leglegion3 on of nauvoo and trace its gradual growth as best as records will allow by briefly reviewingrev leiginglevring the basic military organisationorganizationorganiza aurinolinoll of these forces one can betlerbetterdetter deterrainetermainedetermine the approximate number of soldiers in the army when the legion was first established in 1841 it was designed to follow a certain military pattern two major brigades or cohorts were to divide thecheme troops the first cohort was horse troops and the second cohort was infantry and artillery these lwotwo divisions were composed of thechedhehe respective regiments and the regiments were to be arranged from two battalions each the battalion in turn was to

BH roberts A comprehensive history of ilsilgaigthelig church of0 jesus r i 4 J 0pap 1 c1ca y S provoprove young ceistchistcbistchri s t 0 f ia tterater11L er daday saintsa int s rovo utah brigham uniuniversityversi ty press 1965196-3 vol 2 p 59 6863 69 embrace two but not usually inoreimoremore thanchan four npaniescompaniesco and nallynailyimailemaileinallybinallyEi y the 2f a n 1 11 companiescoticodicotain iesles were made up of anywhere from thirtythirtytwoJ twoL to sixtyfoursixty four menMP

i 11 with this standard as a basisbas I1 s for xaminin&examininge tth sizeSIZ e of the lnlegionebionegion I1 one can zroughly compute its magnitude following this strtctstrictstructurere shlwhichi ch as availableava liable sources indicate they did a comacomocompanypany could be no largerI1 than sixtyfoursixty four men a battalionbatlabatcabacca lionilon no larger than two hundred and fiftyfI1ff ty six a regiment a maximum of five hundred and twtwelveelive A cohort of five regiments therefore which was thetilechecile highest number of regiments in the legion would be at a maximum 2560 men to relreiiteratereiterate this would be the ultimate size if every company battalion and regiment were filled to its fullest extent doubling this figure of 2560 for one cohort the total maximum legion force would have been 5120 but for this to have been the actual case was of course somewhat unreasonable it is highly improbable that every unit within the legion would have been filled to its limits additionally there is evidence tcto indicate they were not fullyeullyi staffed at the firstflfalf rst parade and public display of the legion of april 6 1841 lheretherecherechere verewere fourteen com- panies froiafrolafrom the immediate area in nauvoo and an additional two volunteer companies present for the day if thesechese units were feliedailedfilled1 to capacity theretheoe would have been 10241 024 eienelenuenmen but from a report of the gleajqjuiniiycy jijdij1a11 L we learn there was a total of six hundred and fifty soldiers present at this occa

Q sion 3 this would indicate overallovera II that the sixteen companies verewere near to sixtythreesixty three percent staffed eight months following this parade at the conclusioconclusiona of 1841 the troops numbered 149014909 4

2revisedrevjiscd laws of the nauvoo legion nauvoo john taylor 1844 p 6 hereafterheretberet r cited as revisedrev i sed lfxwsaws quincyncy ehlauhlaehiehlwhi april 24 184118410

ap 1141 ajoseph4josephjoseph smithsmiithspilth 3p historyllalia story of the church ofg jesus christchrisc of latterlacterlatterdaydaday saints ed BH roberts ad2d ed rev sailsaltsallsaicsalc lake city deseret 70

it basvasas cleaidealneelmeelkealkeel that by 184g&42 thethuchechu ilegion1l had attained the size of

i 4 L scory 2000 droops accordiaccordingng to the leziolelegionslegioncLegioloncboncioncnc historyi storyY near 2000 soldiers were present for the may 7 18421342134118411343 parade 5 inn thechehe same year major

general john C bennett wrote that the legion was comprised of troops 6 numbering between 2000 and 3000 men the Sansangiamosangamosangarpogarnogarpo journal during the 7 months ofWE may and june 1843 estimated troop strength at 2000 also and the alton telbtelegraphTeLagraph a few months after the journals speculation 8Q was slightly higher in their guess placing the legion closer to 3000

A general return of the second cohort also verifiesverified this figure of 2000 men for the year 1842 although the report was not marked with a month and day it was most likely completed at the end of the year because this was the required time to submit these returns in this return it was recorded there were four regiments one hundred and

twentythreetwenty three missionedcommissionedcoacon officers and ninen-a ne hundred seventyfiveseventy five non- commissioned officers and privates making a total of 1098 for the Q cohort 9 following the death of the prophet joseph smith in 1844

book company 1967 vol 4 p 415 hereafter cited as HC times and seasons january 1 1842 5 journal history of the church of jesus christ of latterlatterdayday saints may 7 1842 located in theiffie church of jesus christ of latter day saints historical department hereafter cited as journal history ICH vol 525 pop 3 6 john C bennett historyhistryofof thintskhintstheth saintsints or a-allanli expos e ofoj joe smithsmi th and tafthfthe monsingmoryaonlsmonsyng boston le land whititwhitetwhitingtg 1842 p 211

7sasS piamonsawiogiamo jourjournalnaj may 6 june 3 1842 0 balton8altonallonaltonailon teletelegraphgraph july 23 1842 9 manuscript document file 1842 located in the church of jesus christ of latterlatterdayday saints historical department hereafter cited as manuscript file 71

10 hat this cohort haiha added one additional recregimentCdment to its ranks even if this resireslregiregimentnuent had rixefiveriverime hundred men double its intended size the largest cohort in the legion would only have had 1500 soldiers no returns or reports of the first cohort have been discovered during research for this theascheasthesischesis butbulbuc itA is apparent from the very nature of the troops of the first cohort being that of horse soldiers or cavalry that it was most likely a smaller division thanbhan the second cohort rlherethere would most likely have been a limited number of men who had horses available for military use the second cohort was composed of the first regiment artillery second third and fourth regiments rifle men and the fifth regiment infantry 11 the first cohort was not as diversified lnin their assignments A report in the warsaw sj&tsignalj I1 that ifi E anything wouldj have overeg S 1 Morcormonsmormonsmons overed bluatima tedfed thetha strcnrstrengthCI of the legion statedabedated that the say they have 4000 wewelldrilledwellweliweilLI drilled troops A week later the signalS repeated 12 the same claim quoting the alton telerajhTeleratelegraphtelegr2phjh 1heytheychey reported the latter paper saying that joseph smith was nownorwnorg powerless in the when by his mere rodnodvodr-j he could command the attendance of 4000 armed 13 men at a days notice this estimate of 4000 men may have included soldiers in tthecheciecle legion from all of hancock county the same issue of hetlecle4 sig13signal1 stated their belief that thetha legion probably numbered between

11biddid warsaw jkjajlanalanai4 nalnai june 20 1844 bbidid warsawbarsawtarsaw sianalsiadalsygnalsxgnal july 10 17 1844 llwarsawLlwarsaw sinaj june 20 1844 72

2500J 500 and 3500 rlienalienmen again theircheir guess itif incorrect3bicoy reecreel would tend totestevtovt o be aicherhicherhigher than the legion forces truly were that they would tend to underestiunderestimatemalemace the strength of their opponent is somewhatsomeshatshacwhat doubtful 14 other events in 1844 hint at the correct leglegionlegumum sisesize too

i ma hlenuhenwhen captain SagletonngletonsingletonL of the state m4militiaa- litia inseeinspeinspectedctedacted the legion at nauvoo the day of the martyrdom he testified that there was something 15 over 2100 men present this was admittedly however inclinciincludingidingtidingt mostly those within nauvoo A nauvoo legion order filed at the church historical departaentdepartinentdepartment verifies this figure of 2100 claimed by

1 16 s1sasingletonri gleton illinoisluitioisaois governor tra111thouasthomasoraasouaas ford also gave indications regarding the legions strength quoted in the signal he was reported to have discouraged the mobs from attacking nauvoo by pleading what can your small force be against 2000 armed men entrenched in a city and defending themselves their wives and their childrchildrenchildrenschildren1en 9171 the population of the city of nauvoo also bears some evidence to thecheuhe largeness of its army the 1845 nauvoo census recorded the population as slightly over 11000 it is estimatedestima ted that a third of 1 Q that ficrurefigure resided outside the city limits 18 with a population of

less than 15000 people then and usingusjmusjlngang the 5000 troop figure for the legion it seems unreasonablunreasonableunreasonablya that one third of the city of nauvoo would be enrolled in the militia

15 141bidibid 15varsawiarsawinajlS ignal july 24 1844 16 1 16manuscriptmanuscript fifileflieliellevie 18218.21842 l7f4arsawarsaw sirnasignalsigna 1 august 7 1844 i8Q iajames kimball A study of the nauvoo charter unpublished masters thesis university of iowa 1966 p 92 73

1 the in 3448441844 was listed at 8450-84533 men and 1ina1aa 19 1845 enlistment was 83493349334.9 in comparison to the size of the national arayarmy it seems even more remote that the legion would approach within 3370000 men oiof1 matching the size of the entire federal forces of the united states most of the claims to the accomplishments of the nauvoo legion are plausible but it appears that the troops of nunauvooauvoonauvoo at their highest enrollment were seeriseeniseeriingseeminglyingly neveneverar beyond three thousand men and because of deaths resignations etc the rank roll probably varied between 2500 and 3000 soldiers

l9fhomas H S army e reonas hamersly.1 rhonas 1 sheflec9u1argal11armi resisterregisterelsteistalst8lst r of tethe unitedile118l18 statestatess 1779 1879 washington Tthomas11 OUla S Hho S hamerslyhamierslHamerramer siyslyv 8801880 appp 212- 2132137 CHAPTERCHAPtearTEiR VII

NAUVOO LEGION OFFICERS

like any army the nauvoo legion needed officers to lead and supervise its men while a knowledge of all the soldiers who were in the artayarmyarray would be of interest it has been impossible to gather a complete list of all the men who belonged to the legion many records have been lost and some names were possibly never recorded it has likewise been futile to compicompilelleoie the names of all the men who served as officers within the army but through a searseacsearchh of numerous separate records the namebname3name3 of some of the officers have been discovered itic has taken months to assemble the list in the appendix that

1zaz containsc 0n 4 a ins some of the gionislegionsLe officers on several occasions the task seemed so exhaustive that thought of abandoning it had been con deredsirideredsidered yet a history of the nauvoo legiellegiollegionli would seemseera incomplete with- out an indication of some of the men who were enlisted in its service there are also many in the church whose ancestors are part ofolloil011 this tabulation and therefore those descendants might have a personal interest in the compilation it should be remembered that this list is only as accurate as its sources the governors military correspondence the illinois state adjutant generals rosters and commission records original legion orders rank rolls and other sources listed in the bibliography have suppsuppliedilealieA1 most of the names many of the naulesnames were either spelled incorrectly were practically illegible or were lacking ithereleitherelther 74 75

information about rank dates of commission or electionelelkeleck tion and place or assignment within the legion sequentlyonsequentlyconsequentlyon as one follows the alpha- betized record these missionsoatisowtissionsowtisommissionscommissionsom sions can be seen nevertheless this roster is the most extensive to date therethieceere are over six hundred nainesnames enumerated all of the men who verevecevocewerewore commissioned as officers in the forces

of nauvoo verewere required to take an oath of office1 1.1 similar to the oath

required in the national forces regardless of rank or assignassignmentmentY the

oath of office followed the same wording andcand form for each officer the nauvoo legion laws recorded the proper oath

I1 do solemnly swear or affirm that I1 will support the co- stitnstitutionution of the united states and this state and that I1 will not be engaged in dueling either directly or indirectly during my continuance in office and that I1 will faithfully discharge the duties of in the of the nauvoo legion of to the best of my illinois militia 11 skill and undrtndingunder ststandand inainosno so help me god officers were also required to wear uniuntuniformsforms while at its beginning the lesionlegion did not insist on an official uniform they eventually did in the first court martial of 1844 the iissionedmissionedcomcommissionedcog 0ficersfibersofficersr oncludedconcluded that a fifty cent fine was to be levied for all who were not in uniform this lneinefine was to be allotted to those who possessed a uniform and did not wear it those who still did not have regulation dress before september 1 1844 were to obtain proper clothing 29 by thatthac date or be accordingly fined

irelrevisedlRerevisedvised laws of the nauvoo legion nauvoo john taylor 18441134411844 p 9 hereafter cited as revised laws 21bidbid 76

this dress dequrequirementrequ ii r encaeencage n t was somewhat usualunusualua typical dressdi lessress for manymeny militiasmillaliasallas of theitheetchee period consisted of whatevewhateverY the men could

I afford iotoo wear cordinaccordiaaccordinaccordinglyAc glyk makeshiftmakeslmakeel aft clothing or even regular work 3 clothing was not uncommon histhis was also orlorioriginallyi binallyginally true of the legion at Naunauvoovoavoo but it seems that after the first two years of legion operation greater emphasis was givenggligislilvenalven to theche uniforming of all officers as well as enlisted men some purchased uniforms in the early history of the legion but these were more commonlycormnonly the officers most 4 delayed securing a full uniform not only did later legion regulationsreccec ulations stipulate the wearing of a full uniform but additional encouragement was given john bills a local tailor who hadhedtiedlladhlad a virtual monopoly on uniform tailoringcalhaiLai loring frequently advertised his talents thesubscrisub subscriberscri er in returningreturninreturnin his arknowledgerientsacknowledgementsknowledgerients to his friends in this city and the public generally would also inform them thatthactirifat helielleile has just received the 3 atestadestlatest fashions direct from phila- delphia through the politeness of president hyrum smith and is prepared to turn out work with dispatch and in the best and most fashionable style

PS all kinds of military coats made according to the latestlatest3 pattern reference lt gen jos smith major gen JC bennett brig gen wilson law brig gen D C smith col john S fullmer nauvoo april 30 18415

3williarreliiwill latutatutarn addieAddleaddlemanrvan ganoe the history of the united states meiLEImeuarmy ashton maryland eric lundberg 1964 appp 150160150 160

4titues4timesP and seasons april 15115 1841

stimes5timestimes andnd seasonsS eas ons may 15 1841 77 exactly what parts of thecheoneune uniuniformieorm were constructed by a tailor or the soldier is unknown but it is clear thatthacchatchac the officersofficers11 uniuniformsfornis were patterned after and in most respects were identical to the united states army anifunifuniformI1 oruorm 6 by 1821 the uniform of the national army as followed by the legion had evolved A chapeau was acceptable headdress and was ol01oftenten compardaccompardacaccompanied1 ed by an ostrich feather some of the feathers were more colorful than others according to the rank or preference of the wearer A black cockade frequently decorated the chapeau A blue coat with gold eagledesignedeagle designed buttons was acceptable dress and was worn with pantaloons generally buff color but also seen in blue white or grey A blue military cape was also available

7 and used by schreschuesome of the officers on inclement days gold or silver epaulets were additional approved dress this

1 1 clothing was accompanied by a black bebeitbeltbetbe1 t a red or winecoloredwinewi n ei oloredcoloredcolored sash that often had tassels attached to0 o eitherelther end high military boots that reachedreac-hed the bittowbottowbottom of the knee were frequently worn by higher ranking officers while a military boot to midcalfmid calf aasaasias7as for lower rank- ing officers and a black laced boot was worn by enlisted men 80 weapons were also part of proper military uniform swords usually near four feet long with elaborately ornamentedornaornodentedmented handles were conmionlyattachedcommonly attached to the large black belt as was one or two horse pistols of the old flintlockflint lock construction 9

6revisedrevised laws p 5

7 1 7revisedrevised statutesstS taatutestutecute ofoif the state of ilillinoisI1 inoisols sprispraspringfieldspr1ngfjeideldeade1d 1845 p 302 hereafter cited as revised statutes ganoe appp 160161160 161 ibid 81bidbid 91bidbid 78

there was sometimes additional ornamentation of the uniform according to the wealth of the wearer and hah1his1 s rank stripes gold designs wings eagles chevronschevronechevrons arldaridnd varied epaulets are some exampIesexamples of these additional styles and fashions 10 these attractive and eye catching uniformsIC provided added color and professionalism to the officersofficersacers of nauvoos legion now let us return to the men who wore these lavish and colorful uniforms As one studies the names in the appendix it will be helpful to refer to the abbreviations which succeed the tabulation under the column marked assignment Iis1 s listed respectively the coniconlcompanypany battalion regiment and cohort of the individual officers some of the men were commissioned as general staff or line officeofficersrs and consequently are not normally in any of these four legion divisions and even though this chapter is brief perhaps itDC is olneoneoanee of the mordioreuiore iinportantimper la it in laislatsthisth j s work for it was because of these men and many others unidentified that the story of the nauvoo legion has been able to be written through this roster and thesis it is hoped that they receiver proper credit for their military contributions and accomplishments

101bidibid CHAPTER villVIII

THE NAUVOO drassBRASS BAND

it was apparent from the beginningbagibegianinnii ng of the legion that the officers intended for their army to have an appropriateI1 band for whenwhennen

the original oiodinancenordinanceI dinancen to organize the legion was introduced to the city council on february 3 1841 the fifth section of that bill in- cluded a provision for establishing a band As part of the staff of the major general a chief musician with the rank of captain of light infantry and two additional musicians were assigned to his staftslaffstaffslahn arafterter the first election on the fourth of february the newly elected major general john C bennett appointed edward P duzette to theche

positionpo itionaition of chief musician and cisoniso appointed D B huntington and

1 levi W hancock as the two accompanying musicians on march 2 1841 the number of musicians to be in the legion 2 was set at a maximum of thirty and two other sections of the revised laws approved on july 8 1843 indicated additional requirements for the nanizationganizationorganization0 r of the band sections five and six concerned the operation and establishment of theche band not only were there to be musicians on the general staff of the legion but also in the regiments

irelrevisedlRevisedrevised laws of the nauvoo letylefydefylegionanqn nauvoo john taylor 184411844.11844 p 5 hereafterliereafter cited as revisreviseded laws minute and ordinance of organi- zation of the nauvoo legion february 3 1841 to october 20 1844 appp 565 6 located in1i n the churchchu ech of jesus chrichristt of latterlatterdayday saints historical department hereafter cited as legion minutes

2legionlegion minutes p 7 7 79I1 9 80 and companies each regimentregimsregima itt for example was to have one drum

0 major andund one fife major the companies were to11 o enlist not less than two nor irtoremore than four musiciansmusicians3niusicians33 it appearappearss however that some who were involved with the band were displeasedispleasedal with the original organization on november 4 1843 charles C rich presented to the coucourtJ t a petition on behalfL of the musicians of the second cohort 44 thesethesta musicians indicated their displeasure with the present organization which placed them under the supervision of a captain of piters and drummers they suggested that this organization be changed and rather than be dispersed throughout the various regiments and companies that all the musiciansmijsmtjs C 4dins be placed together in a separaseparatet e company it was further suggested that this unit be called the nauvoo 5 byrdyrbrcsarcs4 3 G band they requested additional privileges the musicianstnusicanusic ianslans wanted to be subject only to the lieutenant general and also desired the power loto10 elect their own officers the petition was signed by ten of the legions musicians james smitsmilsmithieshies george mckenzie charles ealesllealesilealesllIl stephen heales daniel andres william cahoon james standing and jacob ivins 6 the court martial seriously considered this plea early in the next year the courtco- rt passed on their proposal it was reported in the

3revisedrevised laws p 6

P manuscript4manuscripllanuscriptlanu script document file 1843 located in the church of jesus i christ of latterlatterdayday saints historicalh-lscorstorzscorastor-alcalacal department hereafter cited as manuscript file legion minutes p 67 51bid 6lbld61bid 81

W january 13 184 court that colonel levi3 hancock movedA to have the

bandbendnand 0of Mmfirtilmartialartip1 nusicmusicmi isic be increased in numbermLMlbeabe A and thethbheuhe name clchangedlancredlandred to thebhelleilelie nauvoo legion bandbandit the court did not decide in favor of all that was proposed but they did allow the members of the band to settle their own matters among therisethemselvesives they also concluded to limit this company of band members to a maximum of fifteen men 7 it seems that there were some however who were eveaeven opposed to the continuation of this group of musicians the revision committee appointed earlier to consider the general operations and efficient peliciepoliciepoliciess of the legion suggested the brass and martial portions of the band be dissolved this proposal however was not accepted for in the same meeting it was decided to continue the band it was further concluded that each company was to have at least two but not more than fourfoucoti musicalTrus i ca I1 instrumentsjin s crementcrument s itt- was also deemeddt emed wise that each regiment in the first cohort was to have a trumpet and every regiment in the second cohort was to have a brass drum all of the above was to be at 80 theuheunechecha expense of the legion in 1344 the officers of the legion were still attempting to determine the proper station and policies regarding the band during the court martial ofor february 10 the court felt it best to turn all matters of business in the future to the revision committee and the officers of the company of music the earlier order organizingorgan ising the band on november 4 1843 was repealledrepeal ledand the band placed in its original position 9Q

region minutes p 70 8 ibid

91 legion minutes p 76 828

followingC tinsthislinschis formal court meeting tthehe revisionrev is ionlon committeecoIYMI i tt e-e

1 and the officersof jf leers of rrusirusicbrusimusic met and discussed 1hethe confusing band situa- tion they passed a mutual resolution establishing the future rosiroslpositionposi iaoninonfaonbaon and affairsnffairs of music in the legion the result of their agreement was incorporated into the revised laws of the legion that were approved on february 14 1844 by the prophet joseph sinithsmithsmich 10 these resolutions provided for most of the bandsband functionfunctioningsings SEC 69 that the band shall consist of two divisions the martial portion to be called the first division and clie brass portion the second division and to be commanded by the chief musician whose duty it shall be to dispose of said band aifongainongamong the legion appropriating a proper portion of music to each company and rearegimentreo imellimenl beginning at the oldest company and regiment first and further that said chief musician be empowered to increase said band to a sufficient number to meet all demands of the legion provided that colonels and captainscaptccapacainsnins may provide their own music by attaching to saidsald band SEC 70 that there be added to the staff of the brigadier 4 general of the firstfifr s t cohort one musicianmusictanmusic lantan and uto thethche staffscaffsoalsual49L of00os0.0 the brigadier general of the second cohort tsotwocwoawo musicians to rank as captains

SEC 71 that each company shall be supplied with not less than two nor moiremore than four appropriate musicalTau sical instruments and each regimentregjun nt in the first cohort a trumpet and each regiment 4 in the1 he second cohort with a brass drum SEC 72 that the ccmmandcommanderer of each regiment lebe authorized to retain sufficient mearlsmearismeans in his own hands to defray the necessary expenses of the same and buy the prescribed instruments 11LL JforCO his reglregiregimentrentrenc after almost two years of revising andnd planymany discussions the band organ- ization was finally completed the band was called upon to entertain the saints but they also performed at more solemn occasions at the laying of the capstone on

1olegionlegion minutesMinu cesees appp 798079 80

li1revisedlirevised1 revised laws p 18 83 the nauvoo temple on may 24 1845 the band played appropriate music L 2 for a party held july 29 of this samesamu year william pitts band played aginagrin and according tot deportreport there erewereserex three violinsvicvio tinslinsainsJ one bass 1qaq violin and a horn used at the gatheringgatherings 13 not only did the band play for funerals 14 parties 15 andfindaindfand 16 celebrations but the bandmembersband members were responsible for carrying some

4 of theche flags used by the legion they bore a larger unitedunicedun 1 tedced states flag and other units of the legion had the smaller standards thernegme lagfflag of the state of illinois wastas also carried 17 there was also a unique flag made for the exclusive use of the band approxiapproximatelyI1madelymately five feet by four feet it was composed of seven wide horizontal and alternate white and light blue strips in the upper right hand corner was a pink colored square with the words and located just hovebove these wwordsworesadzrezrenrdz one could observe a sinisinsingleI e human eye possibly to symbolic of the allallseeingseeing eye of god 18 the flag poles were commonly topped by a single brasscoloredbrass colored eagle it is not clear if the band members had a separate uniform or if they even wore uniformsanjiunjiforusforms after settling in utah territoryT however they did weirwear a un3unauniformlform19 but no indication is given to this practice in nsuvoonauvoo

131bid131bidibid p 50500 4waspwasp april 11 1842 15 journal hllHilhistorystory of the church of jesus christchrisc of latterlatterdayday saincssainas march 2820 1345 located inthein the church of0 jesus christ of latter day saints historical department hereafter cited as journal history

16 17 16journaljournal history april 5 18441344 17jaurnaljournal historyHiscory march 16 1845 18original flag located at daughters of the utahullah pioneers museum salt lake cilycity 19ralphralph hansen administrative history of the nauvoo legion in 84

theJ nauvoo legion brissbrass banddand was another example of the efficiency and elaborate organizattonorganisationorganization of the legion while its activity in nauvoo was more litdliddlimitedltedeted than irin utah through its drums and fifes and horns itft introduced needed musical training and accompaniment

utahimah unpublished masters thesis brigham younglounobouno university 1954 y 1 M1 appp 565 6 paul dahl william clayton1.1 ssionarymissionary pioneer and public servantservant1111 unpublished masterlsMasterMastmastertsmasterlyerisertsls thesis brigham young universityi 1959 p 192 clumerCIUMERCHAPTER IX

1843 A yealYEAR OPOF TROUBTROUBLEt1etaeai1i AND harassment

for the first lourfourtourbour months of 1843 we have no record of any legion actachactivitiesivitavit les perhaps thltheche inclement winter weather was partial reason for little acciactivityaccivityvity among these forces but with the approach

of spring plans were airealreadyadly eing11eing made tttoto initiate legionlangion events on april 3 1843 orders were issued for the men of the second cohort

corroandedcontuandedcontucorroanded by charles rich to prepare for exercisesexercisesexe 1 cisesaises on the twentytw antynnty second of that month while joseph smith indicated in his journal that both cohorts were in exercise that day only the orders and schedule for the presentation of the second cohort have been found to lteratqreiteratereirel

iredared i cordoncormonco wn prprocedureC cedurecedore forfeorjeor these parades reqrequired1 1red the colcorccmnisgicncdrmissl c ledlad officersoff ice A as

two 1 to meet for onsone or days prior to the CDgeneral parade for drills the complete orders for the second cohort on april 22 appear in the appendix

one month later on may 6 a general parade involving both cohorts was held in spite of the cold andantianciancl windy aeoweoweatheratherscheracher the scheduled parade was held alttialthoughough it was dismissed earlier than planned assembling near nine thirty the prophet joseph smith wlwithwlchwethi th his wife

7eaeemmaummatjmaejma and about twelve other women rode to the parade ground where the

joseph smith history of the chcharchchurchurch of jesus christ of latter T davday saintsintssa ed 8 HI1 roberts ad2d ed revX saltsailsaldsaid lake city deseret book company 1967 vol 5 p 369 hereafterhereaberea eter cited as HC

858 LZ 86 leoldeoldegldeclonlegionon troops had gathergatnredgathertdgatheredtd while we lack specific detailsdeidettailscallscalis of the days events theluhei legion exercises were apparently impressive to the commanding officer not only did joseph smithsmich make some supersuperlatisuperlativelatilalilall re commentsc about the troopsitroops1 performance but he indicated again a reason he dedesiredicedired the legion to be established in the course cfef my remarks on the prairiprairiei e I1 told the legion that when he have petitioned those in power Jfor assistance theychey have always told us they had no power for assistance damn sucsuchi traitors when they give me the power to protect the ignorant I1 will never say I1 can do nothing for their good I1 aillxillwill exercise that power so help me god 2 later that month on the twentieth the first court martial of the year was convened this court discussed and passed upon many relatively inorlnorminorm items regarding the operation of the legion and fines and their remittance but there was also more significant business discussed earlier 8a committee had been established to revise and supervise the publication of the legions laws it appears thathatthact this committee was either too busy or in some manner unable to haldiehandlehandie this assignment because another committee was appointed to execute this responsibility four legion officers hosea stout theodoreAheadoreodore turley narlescharlescharies C rich and wilson law were appointed to be the new membersmetmerebersabers therhe court also decided to abandon the previously adopted military tactics of mccoombsMcCooribsrabsmabs and concluded to follow the Q procedures writtwrittenn by scott 3

ah2h211c vol 515 appp 384385384 385 0 3minutesminutes and ordinance of organization of the nauvoo legion february 3 18418al to october 201 0.0 1844 appp 252625 26 located at the church of jesus christ of latterlauterlatterdaylaucer day saints historical department hereafter cited as Teglonlegion minutes 8877

aneave & the business of the nealtnexltne ct court thatchetchec convened otiollolion Jjunejve 10 V wewaswesS perhaps off even greater importanceimportsimporta rice after the minutes of the previous court were read and approved hosea ststoutscoutout was appointed lnetheuhe liewnew secretary of the court martial theche revision committee was apparently executing their new responsibilities of compiling andariel revising the legion rules and laws but reported they needed more time to fully study the lansianslawrlaws consequently they were allowed until the second stturdaysaturdayburday of july to make teirtheir next reportr port to the court it was additionally decided that the members of the reviareviorevisionsionnion committee would receive one dollar and fifty cents for each day they served in their assignment 4 r intittia a desire to show consideration for those over fiftyfivefifty A lveivefiveeiveelve years the court approved the resolution that those having reachreachedledked thisthithl s aolelaoleleage did nolnotnoe have to serve militia ducydutyduly onlyoriorloni i y when t1tathey11ey see proper they were also exempt from fines it was further concluded that if the fines of other membersmeirmelr bers of the legion could not be made by cash or otherotheeocher acceptable means that property could be seized to pay for the violation an arsenal certainly an essential part of any army was approved to be constructed the location of the arsenal was to be determined by the lieutenant and major general butbuc the building itself taswas to be supervised by colonel jonathan dunham 5

furtherkurfur h r administrative business of this court determined new organizaorganizationalLional changes the commander of the second cohort brigadier general charles C rich vaswasvagwag directly to organize the second battalion of the first regiment second cohort according to these details

I1 legion4legion iniminutesnutes appp 272827 28 51bidibid 88

that brigadier general rich be andfindeindfend is hereby authorized to orgalorganiseorganishorgallizeorgauiseaniseaulseilzelIze the second battalion first regiment second cohort into a reslresiregiregimentmient of light iifaatryinfantryifa atryntryncry toro be called the fscoescoascoescortet regiment of light infantry I11 to takecake place in the second cohort according to assignment on parade days and do such duties of escorteseordort etc as may be necessnecessaryarynry and thatthac helielleile organize the first battalionbatbet alon110n first regiment second cohort into a regimenregimentt of artillery 6

it was also in june that some members of the legiolegionlegio11111 participated in one of the few maneuvers as an armed and fighting force one jurjureclunejlunec 16

1843 a close friend of the prophet judge james adams was informedL nformed by that upon the request of the governor of missouri he was issuing a writ for the arrest of theche prophet unknown to governor ford judge adamsadorns was a close associate of the prophet and a friend of the Morcormonsmormonsmons and he sentseelt a letter to nauvoo to warn joseph smith the letter was received at nauvoo by hyrum smith because the prophet aadand his wifewi fe and children had left nauvoo to visit erunaemauss sister mrs wasson in dixon lee county illinois after receiving the letter hyrum sent and stephen markham to ride as fast as possible and personally deliver a warning to the prophet heirtheir ride lo10 warn joseph however was in valnvainvalu even afteraeterafef erer beingbebe5rig5 rig ininformedlE ormed by clayton and markham of his impending arrest the prophet decided not to rvoidavoidovoidcivoidu his persuepersuerspursuersrs and was finally tracked downdown by the sheriff of jackson county missouri joseph revnoldsreynolds and the constable of carthage illinois harmon T wilson treating him inlinzinjin a brutal manner they diskedwisked him asayawayaway with no attempt at courtesy or consideration of his rights with the return of william r klaytonclayton from dixon illinois to nauvoo some men in the legion were

611cIC vol 5 v p 431 ibid 89 informed by generalgenerelgeneragenara hyrumbyrum smithsmichsm1sma echach that volantevoluntevolunteersrs were needed to assist in a rescue of josephj10 eph frofromeromir thesthese two men who were attempting to iltagaillegallyliv extradite hirrhim horemorei than three hundred volunteered to shopstop this attempt 7

under the connndcoanconncotvu&ndconned nd of major general wilson law and charles rich about one hundred and seventyfiveseventy fifivegive1 ve men departed on horseback and another seventyfiveseverityfiveseverityseventy five sailed up the mississippi anon the maid of iowa the purpose of the latter group was to stop and examine all steakisteamisteamboatsdoatsboats in case their lieutenant general was aboard one of them the men on horseback split into two groups to cover more area and thereby lessen

4 the chance of the sheriffs escaping their pursuit AAsAs the prisoner andend his custodians traveled they were delayed long enough through a series of legal maneuvers and other delays for the volunteers fro-fromeromlli the

m letionletdoncletion foto ratchcatch them the rescuers escorted thecheehe eenmenaene en backhackbacle to nauvoo where the prisoner was ordered released by the municipal court at nauvoo 8 while the role and laplishmentsaccomplishmentsacco of the legion in this bit rescue it was admittedly I1citedmitedlimited1i the incident does illustrate their readiness atatdinostalmost a momentsfaomenitts notice to selveserve and perform as they had been trained those who reinarelnaremainedined in nauvoo were equally prepared to welcome the prophet upon his arrival1 As the prophet returned to nauvoo the nauvoo brass band marched out playing as they went to greet their commander the firing of guns and cannon was also heard

711cHC 5 1 vol appp 433445433 445 8 slbjdibid appp 447457447 457 90

I1 9 I1 to welcome josephs safe returnreturn9returns since there was no offofficialI1 cialclai ie written order calling out the legion in this excursion most latter day saints have justified this actionacttlonion as the effort ofI1 private citizens the1Ihe enemies of the saints have beeniunable to accept this conclusion sharp for example branded the effort in the february 14 1844 siutalscutaljijyicl as insurrectionary

with this adventure concluded more muimulmundaneidane matters of the legion were taken up A court martial on the eighth of july met to consider one major item of business the approval of the revised laws of the legion the new revisitrevisiorevisionLI committee appointed earlier reported the details of their several weekly meetings one of the members of the committee hosea stout was appointed to prepare these revised laws in final form for pubpublicatipublicationlicati1 oti it was also reported in the minuresmanuresminuuesingues of0 f this coulcoutcourt martial tilatilalthatchalbhat D B runthunthuntingtonJigtonagton wao aiauuiaumadede collector of fines for the legion 10 two general legion parades were given in the monthmonch of september one was conducted on saturday the ninth and the second the following saturday the sixteenth also on friday the eighth the first cohort held a muster we do not know the delalisdetailsdetlaideclaiallsgislls of the parade on september 9 except that the compacompaniesolesodesudes assenasseaibledidledibled at eight ot clockoclock the regiments at

1 1 A ninenirie oclock and tche cohorts acPL ten oclock the parade on the sixteenth was held later in the day the forces assembled at noon but only met for one hour after that brief

11 Io 91bibidd appp 454584604581.1 460 iolegionlegion minutes appp 272927 29

11hc1111c 6 appp 10 34 nauvoo ne nighbor august 23 1843 vol I1 nelneiighboraborhbor 91

1 meetmeeting0.0ilgtig and a twohourluolwotwo hourhounhoier recess ttheyey asselnassembledasseon led again thischisL L time to be more fully reviewed by the prophet theehe remaining events of the day were outlined by joseph smith

I1 returned boutabouta twenty minutes after three attended the review and with my staff inspected theche legion after which I1 took my post and gave orders after the inspection I1 made a speech to the legion on their increasing prosperity and requested the officers to increase the legion numbers I1 was highly gratified with the officers and soldiers andend I1 felt extremely well myself about sundown the legion wasazwz s dismissed I1 rode home with nymy staff highly delighteddelighdelighcedced with the days performance and well paid for my services 12 one of the few court of assessment of fines was held shortly eterafterafteraetera the septemberdeptesepte ember parade and as ordeorderedreadrend by brevet major general hyrum smith this court met on the first saturday of october and conencommencedced their meeting at one oclock we do not have however the 13in minutes of the meetinymeetingmeetinsme etinYstiny or nnwsnyanyeny recerdrecordrecore off theircheirfhf h C 4 r proceedings the twentyfirsttwenty firstfirsil of october was the day of another general court at nauvoo the significant business of the court concerned policies and rules concerning fines As many soldiers were requesting that their fines be omitomitteded it was concluded that all fines must be assessed and paid unless the absent soldier was 1 out of the county at the time of the parade 2n2an there was illness with himself or his immediate family or 3 he was detained by civil law it was addition- ally decreed thatthacthanthadthed a book of all the inesffines be kept and to strengthen hisbis authority the collector of fines could appeal to the justice of the peace forfoz garnishment if necessary to secure the fine finally

12hcpHC vol 6 ppo 34

onauvoo13 antl nauvoo niinziniaanziNighnighbarygliberglibqrbarpbarybacy deptesepteseptemberntl er 27 1843 9291

the collector of legion fines DB huntington was released from his assiassignmentgementgnment the new collector of fines hosea stout was appointed to 14 this position in the succeeding court tnartialmartial oaon november 4 1843 the final court of the year witrueawitnessedssedased the appointment of thomas bullock as the secretary of the court martial the new 1inelnefinesinebine1 collector was allowed to appoint as rianiamanyl6ylayamy men as necessary to assist him in theche collection of fines there was additionally further business regarding the musicians of the legion in this court but these matters will be discussed in the chapter that is devoted exclusively to thattinat subject

1woTtwoawovio final items of the court dealt with the repeallingrepealling of three sections of the revised laws which were still iini n the process of development the minutes were signed by not only the new secretary but also a new president of the court martial the legions drill officer albert P rockwoodrockvlood 15 an attempt to secure weapons was an important part of the history for 1843 the prophet indicated that early in the morning of september 11 1843 a petition was given him to secure the means to if stlilb16 & 0 6 get the public arms of the state for the legion in response to this petition a committee cansisconsisconsistingling of hosea stout henry miller and william phelps was appointed to approach governor thomas ford about

thathe racattereattermattermattecgatter 17 the answer the brethren received regarding their request for arms was disappointing not only did the state refuse to give any

14 15 legion1.1 minutes appp 656665 66 lelegionglongion inutessnutesminutesm p 67

ige16 C 6 p1 17 vol I1 31 ibid 93

1 4 sinie further ariasartasaruoarmoareass to6 0 the legion bubutbuc their response concluded with a refusal to pay the legion for any future service thestheytlnevneyhey might render the opinion of the attorney beneral of illinois josiah abornlambornLa was for- warded to the officers of the legion I1 have examined the claim of JC bennett as brigade inspector cfof the nauvoo legion and it iisi s inytnymy opinion that the claim should be disallowed the legislature in giving authority for the organization of a body of independent military men at nauvoo intended no doubt that all expenses etc except their proportion of public arms should be defrayed by the city and its dradr4vilegedprivilegedvii vileged legion theytheyoccupyaoccupya novel position disconnected from the military communities of the whole state and in no way subject to the regular military officofficesrs possessing an exemption even from subjection in the general military laws with a lawmakinglaw making power iinvestednvested in their own legion it is not reasonable to suppose that the legislaturelegldegl slature would confer so many exclusive favors aud yet pay those who profit by this condition of things as much as is paid to regular militiairitriini litia officers in thehe absences of any express provision by law to authorize the payment ofolle the claim I1 can see nothing from which an authority of the kind could be derived and therefore advise accordingly 118133 itet was probably of little help to have the dissenting view of W L C ewing the state auditor who expressed his disagreement with the attorney general oriorton this interpretation of the law the prophet Josephjoseph smith derided the letter as a mere pretext he stated the

Is real reason he felt the state refused to assist the nauvoo chcharterrterarter requires that the nauvoo legion shall per- form the same amount of dutyducyduey as is now or may hereafter be required of the regular militia of the state and shall be at the disposal of the governor for the public defense and the execution of the laws of the state and be entitled toco their proportion of the state arms Y and were it not for the pre- judice against us on account of ourou religion his claim would have btaatabeenen paid without a word of complaint 199

1 8.8 ibid HCH vol 6 appp 959695 96

19hcJHC vol 6 ppe 9797v 94

but other problems besides securing additional weapons were pressing the saints oilolioaoel december 8 defensive preparations wewereweze made to prepare for possible invasion fromcron the missouriansMissour ians should you judge joseph smith wrote to the city marshall henry sherwood ehatthacchacthatchat theche4 he peace zadaadand safety of the city require it you are further notified to call for a suitable portion of the nauvoo lelionlellon to be in complete readreadinessiness to compel obedience to the ordinances of the said city 2090 from the headquarters of the nauvoo legion under the same date joseph smith conveyed an order to major general wilson law the order directed him to hold in readiness portions of the said nauvoo legion i to secure the peace of the citicitizenszens 21 tolo10 insure adequate defenses for the protection of nauvoos citizens it was necessary to secure additional arms and financial help as soon as possible theune earlier rejection of the legions claims for such aid caused the leaders of the legion and the itycity of nauvoo to seek other avenues of cooperation and assistance while meeting with the city council mayor joseph smith suggested an alternate plan for securing this help I1 suggested to the city councilcouiicilcli the ideas of petitioning con- gress to receive the city of nauvoo under the protection of the united states government to acknowledge the nauvoo legion as US troops and to assist in fortifications and other purposes and that a messenger be sent to congress for this purpose at the expense of the city 22

20 ibid p 104 2libidibid 221bidibid p 107 95

A committeeconcouuai&ctee of three johnjollnjolin taylor orson spencer and orsonor son pratt were appointed to write a memorial to congress expressing these ideas suggested by joseph smith to thebheetheedhe national congress the next day a public meeting was held concerning the issue of the statedshatesstatesstatenscates refusal to financially assist the city of nauvoo and its legion joseph smith wastas one of several that spoke at the meeting and he reiterated his position about the entire affair he further declared to the assembled citizens thatchatbhat as a legally commissioned officer of the state he would continue to act in his capacity basmayorasmayoras mayor and lieutenant general in the legion and execute all the laws of the city and state 233 even though attempts were being made to persuade the state to alter itsit view and otherocher approaches were being made to the federal government the problem still remained about what to do until and if any assistanceassaistanceence ditibitidi arrive this dilemna was illustrated in a letter of major general wilson law to theithe commander of the nauvoo legion lieutenant general joseph smith in consequence of the orders I1 received from boutoyoutoyou to hold inirilriirl readiness a sufficient portion of thecheehe legion and etc to make forces efficient it will be necessary to supply them with munitions of war which of course must bbee done at the expense you of the cityd will therefore please to give orders to the 1 commandants of cohorts on their appiapplapplicationilcagica 1lonion to you on the city treasury for whatever amount you may think proper on the present occasion 2 44 in the same month that the congressional memorial was written the nauvoo legion was called upon to help enforce the law in the city of nauvoo aaron johnson a justice of the peace in nauvoo appealed to mayor joseeljosepljosephi smith to have a number of men in the legion assist the constable in ararrestinarrestingreslinresting Tlevi williams williams had been accused of

23ibid231bid23123 bidibid appp 107108107 108 241bidibid p 108 96 kidnapping daniel avery and had apparently resisted arrest with the threat that he would resist further by violence if he were pursued to assist the sheriff in this action the lieutenant general accordingly dispatched one hundred men A colonel in the nauvoo legion stephen

11 markham1arkham supervised these one hundred men under the direction of the constable 253 on this same day monday december 18 additional disturbing news was brought into nauvoo the prophet indicated that two young inenmen brought word that a mob was gathering atan nearby warsaw it was reported that the mob intended using warsaw as a central camp in an attack upon nauvoo convinced that this story was correct a citizen of nauvoo willard richards appeared before the city mayor and testi- fied that the peace of the city and the safety of its remaining citizenscitizens1eizens was in danger the affidavit stated personally appeared willard richards before me joseph smith mayor of said city and upon his oath deposethdeposeth and saith that fromfrontfronifromi information he had received he verily believes that the peace of said city is iain danger from a mobocratic assemblage atac warsaw andalid a force collected under the command of colonel levi williams in the lower part of the county and runners having been sent to missouri to excite the missourians to join the robbersmobbers in this county for the purpose of making a descent on said city or sturbindisturbindidisturbingdisturbingits9aaaitsts peaceful inhabitants and further your deponent sasaithth not responding to clilthischiss testimony joseph smith issued orders to wilson law to adequately prepare and defend the city against any possible attack

25ibid251bid25 ibid appp 109 110 119 261bidibid appp 119120119 120 97

sir I1 am credcrediblybly informinformdinformedd that a warlikewar like forceA is collecting at or near warsaw for the purpose of some violviolentlentgent move towards this cilycity&tyaty or some ofzheche the inhabitants thereof you will therefore order ouout such a portion of the nauvoo legion as naymay be necessary to repel any such mobocratic or hostile design of the same unlawful force and also as may be sufficient to secure the peace of the 27 citizensc iti3 zens accordinga to law the next day tuesday the nineteenth little change could be seen in the city A report came back to the citizens of nauvoo that the one hundred soldiers undertinderlinderlunder the direction of colonel markham and

1 the constable had come within a few miles of the camp of levlevi1 williams they had not attempted a confrontation because of information given to themtilem that williams was wellsuppliedwell supplied with weapons and additional men to resist possible arrest with this additional information confirming the rumors about mobs preparing for attack upon nauvoo the people o continued their plans for selfseif defense 280 the legion was also now called out in full force at one oclock in the afternoon the troops paraded near the temple and were inspected by their respective comincommandinganding otHiofficerscers there is no doubt that the threat to the city was taken seriously by its inhabitants orders were given to the troops to prepare themselves with arms and amiamtnunitionpunitionammunitionnunition and to hold themselves in readiness for a moments notice that the men of the legion were equally serious about their preparations is further verified that on this occasion theycarriedthey carried live anunammunitionunition not only was the ammunition carried but their guns were loaded in the diary of the prophet joseph smith he mentioned thatchat a soldier in the

271bid271bidibid p 120 28id281bid 98 legion henry boley was wounded when his own gun accidentally fired

Q and shot hhimim in spite of this regular threat of violence and its attendant distribution to normal life other legilegioni on business was regularly con- ducted similar to 1842 the general court martial during this year conducted judicialjudiijuddi cialclai as well as legislative business A battalion adjutant L B foot filed charges against his commanding officer major william niswanger the threefoldthree fold complaint cited these alleged violations 1 that the major ordered cormcompanypany elections without notnocnotifyingfyingdying thethle adjutant 2 the major appointed an unauthorized person to serve as adjutant in place of the appointed adjutant foot and 3 niswanger spread falsehood by saying that adjutant foot would not execute his responsibilities the court martial found major niswanger guiltguiltyj ofJ f allL thehe cusat4cnsaccusationsa J adanda 1 b d orderedorde A ed the defendant to be cashierercashicashieredered under the signatures of the embersmembersm of the court was the endorsement of the nuvolonuvoonouvoo legion judge advocate john taylor and major general wilson law both officers indicated their approval wiwithwilhwichlthalth the courts findings and judgment 30

A second trial in 1843 resulted from a disagreement between two other members of the nauvoo army colonel john scott of the first regiment second cohort filed an affidavit against sylvester B stoddard captain of the second company second battalion inin scott1sscottts

291bid291bidibid p 121 30manuscrintmanuscript document file 1843 located in the church of jesus christ of latterlatterdayday saints historical department hereafter cited as manuscriptmanuscrmanusar 1i pt fliellefileflie 99 regiment the defendant was arraignedI1 on charges of leavingI1 hishiis signedassigneda post under a pretense of illness and then getting drunk helielleile was additionally chelchalchetchargedged with insulting the regimental court of assessment and refusing to report company delinquents the record of this trial concludes w4wawithathmth an order calling for the court martial against captain stoddard his trial was set for december 15 1843 but no 31 record of the trial is known toco4 existexist these incidents serve as an appropriate conclusion to a con- tentioustent ious year but more troubles were to follow

31manuscript31 manuscript file 1843 CHAPTER X

impressions OF THE NAUVOO LEGION

it is common knowlknowledaeknowledgeedae thatthac upon arriving in illinois the latterlatterdayday saints were almost universally welcomed but the fairly hospitable reception was not long lasting some who were opposed to soon found reasons to oppose church members uhliewhile ic would be foolish to blame any single factor or person for the persecution that finally forced the church from illinoisildiid11311 noisnols fear of the nauvoo legions power was one of the most crucial A leader of many of the attacks against the legion was thomas sharp editor of the warsaw signal one of his first assaults came in a may 1841 edition

11 ofozir hisis paper referring to members of the church he urowrowroteL e we believe they have the same right as other religious bodies possess and ought to be protected in the just and proper exercise of those rights we do not believe in persecution for opinions sake but whenever they as a people step beyond the proper sphere of a religious denomination and become a political body as many of our citizens are beginning to apprehend will be the case then this press stands pledged to take a stand against them on religious questions it is and shall remain neutral but it is bound to oppose the concentration of political power in a religious body or in the hands of a few indiviindividualsidealsiduals 1 hardly had the paper reached nauvoo when it engendered violentviolentlenc reactions perhaps no one was more angered by the remarks of sharp than the prophet joseph smith his immediate reply to mr sharp was forceful and direct there could be no misunderstanding about josephs

0 barsawwarsaw signal may 11190 1841

100 101 feelings nauvoo illlilliiiii111111. may 2526 10134141

mr sharpsharpy editor cfcricrlo-se the warsaw signal sir you will discontinue my paper its contents are calculated to pollute me and to patronize the filthy sheet tlthatthetthacb at tissue of lies that sink of iniquity is disgraceful to snyeny mortal wanman yours with utter contempt joseph sallsalisuilsmithithoth PSposo please publish the above in your contemptible paper JSjesjos 2 the political fears of the opposition then caused agitation against the church but they also had to be opposed to the legion that was manned mostly by latterlatterdayday saints and could be formidable military opposition being fearful that their lives would be dominated by the rule of joseph smith some attempted to waylayway lay thetlletile future political influence of thebhehe church and the people in it sharp asked the question llightmight we not as well be serfs to the autocrat of russrussia3Russiarussianla3laa 3 but he asked additional questions of his readers heee was seem- ingly concerned about the pretentious displays of the military unit located mostly within the city of nauvoo and while he was biased against the Morcormonsmormonsmons and although he created contention it is under- standablestandable that some could misconstrue the military displays in nauvoo hetherhecherwhether14 sharp was sincere on this point or not he did cause others to believe what he clairclaimedmed about the saints in an editorial of june 9

11841.8411841841 he asked those who persuedpursued his columns to consider these questions

2 ibid june 2 1841 ibid june 9 1841 102

ask yourselves what kennolmearsmeersmennolmeans this array of military force whichoiioil ich1 ch is paraded under the directdirectionjion of this church is an army necessary to propagate religion Is1 s it necessary to protect their civil rights khywhyWIlyllyilyL then this parade are they so patriotic as to have no other end than the safety of the state in view why these weekly parades why all this strictness of discipline we pause for reply 4 the following week he continued his atattacklack calling the prophet a knave an imposteriroirmlmo poster and an ignorant and unprincipled aspirant for power he derided thecheutie wealth of weapons gathered by the militia in nauvoo this issue of weapons was most crucial in creating legion opposition thomas sharp pressed this debate do the people of the state of illinois know he asked chatchacthattllat mormons who reficiresiciresidete I1ini n iowa cross the river to muster at nauvoo and are supplied with arms and other equipments for that purpose from the quartermasters department of this state these things are susceptible of proof n5na5 unfortunately things were not scept4blesusceptiblesu of proofpropfpronprop F most of the legion arms were rivatelyprivatelyp rivaciva telycely owned governor ford and two mormon apostates johjohnn C bennett and wilsonlawWilson Law even admitted this fact the total state weapons possessed by nauvoos legion were three cannon and about two hundred and fifty small arms 06 it seems equally obvious however that many of the opposition believed the saints had more ordinance and weapons the legion had gotten under its direction william harris claimed a great portion of the arms of the state t177

41biabid 5warsawar saw sisignalnalnai june 16 1841 thomasbthomas6thomasthomar ford A historyH is tory of0 f 111inoillinois is chicago A coC griffsgriefs and company 1854 appp 141851841851844 185 7williarawilliam harris Mormonimormonismgm portrayedforpor trayedbrayed warsaw sharp and gamble 1841 p 3515 103

andlind alnioslalmost weekly sharp pressed on withw- h hhiss charsescharchargeschaw cs radandand2nd opposing viewpoint the warsaw sjS iganalanaignalnalnai for july 21 of the same year further underscored hishiohlo criticlcriticalcriticismi sm of the nauvoo legion the publishers of thelimestheche timeslimes and seasonseasonsc have issued pro- posals for publishing a weekly newspaper to be called the nauvoo ensign and zarahemlaZarahemla standardstandardi 1 how military these people are becomingbecombecomingiingi everything they say or do seems to breathe the spirit of military tactics their prophet appears on all great occasions inA his spiesplendidedidndid regimental dress signs his name lieutenant general and more titles are to be found in the nauvoo legion than any one book on railimilitarytary tactics can produce and now comes a public journal the nainenanenaimename of which is composed of two military words truly fighting must be part of 8 the creed of these saints8saints I1

the paper of july 7 1841 saw a similar complaint the news- paper was frequented by sarcastic comments about the great parade at nauvoo this hdhidhad reference to the parade held on july 3 1841 sharp was certain in this report to give emphasis again to the military show as he mentioned the imposing display of spears lances bayonnbayonetsts and cavalry 9

A more caustic account oiof1 other military operations at the city

of the saints wisvasviswas also given space I1inln cheL he sisignalan&na commentincommentingcommentingCommentin cr on the destruction of the grog shop owned by pulaski cahoon that was ordered destroyed by the city council he related a typical derogatory report quoted earlier 10 sharp also opposed the legion because it1 was used as a protec- tion for the prophet and others our opinion is thatjoethatthab joe cannot be

111 taken J he complained

8warsawwarsaw SLS i snaisnalanalgnal july 21 184118410 bibid9ibidbid july 7 1841 ioibidibid december 8 1841 see chapter four ilibidbid september 17 1842 104

johny C bennett also added fuel to the fire of opposition he claimed that the prophet had such power that those in the legion would 12 do as the prophet cotTancommandedanded whiwhetherether or not they thought helielleile was right and the trite rumors about the canitesdanites still plagued the nauvoo army the sirnalbirnalsignal asked the question are the canitesdanitesdanidanletes still separate or merged with the nauvoo legion A report expressing concern about another drill of droopstroops stationed at rasmus waswac mentioned in the paper 14 of july 7 1841 other rumors were circulated about the legion of nauvoo one of the most widespread accounts dealt with the number of arms held by

the legion almost immediately after john C bennett joined the church charges of storing extra weapons were brought forth against him and the legion since he was servinserving as quartermaster general for the state and as maiormalormajor general of the nauvoo leglegionlon he was accused of securing an undue proportion of the state arms for the benefit of his chosen troops this he adamantly denied and pressure mounted demanding bennetts resignation even though legal opinion and military advise 15 indicated that he could hold both positions he was eventually replacereplacedcL when a new quartermaster general was even rumored to be replacing bennett the signal was pleased we hope that the first step of the new quartermaster general will be to remove the arms which have been

tlilltij j lately congregating at nauvoo to some place of safe keeping 16

12rayray B west kingdom of the saints new york viking press 1957 p 128

13 signalnalnai june 6 1841 141bid141bidibid july 7 1841 15e2skwasp june 18 1842 gigel16sijznalgigml june 9 1841 ioslos

the power vested in the lieutenant general of0 the legion waswag also feared by harris ardand others the idea of joseph7 smith being a second Ylahomelhometmahomet emerged as early as 1841 the sangamosangamon journal inquired regarding the proper role ofoe the prophetPropliettietilet they deridedderlidl ed him for attempting to play the role of warrior and prophetprophets 17 william harris echoed this same criticism the idea of a second mahometMahouletniet arising in the nineteenth century may excite a smile but when we consider the steps now taken by the mormons toco concentrate their numbers and their old ultimaultimateiteibe design to unite themothemselvesselves with the indians it will not be at all surprising if scenesunheardscenes unheard of since the days of feudalism should soon be re enactedIs 1810 harris continued his attackactack he asked why are they using their exertions for and actually raising up a large well drilled well armed standing army there can be no religion in this everyone knows and hence it follows that they are not only contemplating but actually preparing for theche execution of some murderous design hi19 even to the last few months of the legionslegionb existence its foes worked for the death of theche militmilitialiaalazia the ebruaryfebruary 14 18441.844 signal combarcomparedcompar 1 d the legion rescue of the prophet to insurrection an editorial sevenceven days later seid that the latterlacterlecterlatterdayday saints had transcended their 0 A corporate powers and had become a sovereignty within a sovereignty 20 and after the destruction of the with the help of the legilegionon the signal declared that war and extermination are ineriinevi table 21

wsangamofournasangamosangamon journal1 january 21 1842 18harris18harris appp 444544 45 20 19 ibid signalsier a I1 february 21 1844

211 ibid june 12 1844 10106log almost a yaryear aafirafcrt r tiettetheche martyrdom the paper was stillstllastll1 concerned with the legionseglonv olishrentabolishmentolishrent althought oz h the legion hadhalihalkhack been dsadisbandedanded inn Jnjanuaryuary tthe sisignalreal declared thethachache iaegiolegion was making preparations for war against the gentile worworldd the paper of tunejune 4 851845 included a report that cannon which had been made in ohio verevecewere being shipped up the mississippi river to the bellibelligerenterent saints iin nauvoo 22 other serious and derogatory remarks about the legion were made included in the publication of the sisignalnalnai on agustugustaugust 13 1845 was a biased account 0of an alleged onservationobservation of the legion by J M field editor 0of the jatj5tst louis reveille the author described the troops as a ragged ireinefficientlneine ficiertficifickertertent outoutfitit incapable of even standing at attention 3 A similar satire of the legions activities was included in the twarsawrsawarsaw sisignalna I1 of june 5 1844 desyesdesignatedignatedgnatek horrhorribleib ie news the article traswaswras aran exaggeratede ag e awdswd account 0of what ightmight happenapperappen to hancock countcounty andd the state of illinois if the legion was not stopped before it grew into a cancerous diseaseseaseseese A hypothetical war between twenty thousand illinois militimilitiamenanieranler and the legion was reported thecherhe war occurred because the legion was supposedly harboring crimicriminalsnalsnaispals in nauvoo 4 bulbut not allaliail leiewerewece critical uiof nauvoos army no one had oceorpmore praiseprecise and adoration for the leganlegonbeganlegion than did its own lieutenlieutenantant general in a general proclamation of the first presidency on january 15 32.3218423282 the presiding quorumboruuoru of the church stated the several advantages of0 the new nailmilitaryxtarystary body with which the saints could become aaffiliatedlacedlated

2zbid22ibid june 4 1845 3lbidibid august 13 1845 24lbidibid janejunejone 4 848.4184484 1071071

nauvoo the legionC embraces all our mlflitarymilitary dowerpower and will enable us to perform our DAlimilitaryA tary duty by ourselves and thus afford us the power and privilege of avoiding one 0of the most fruitful sources of strife oppression and collision with the world it will enable us to shoushow our attaattachmentclIment to the state and nation as a people whenever the public service requires our aiaidaldld thus proving ourselves obedient to the para- mount laws of the landlland and ready at all titimesiresines to sustain and execute themchericherlchem 253

john C dennettbennett was equally as pleased with these troops and prior to the formal organization of the legion he expressed his pleasure at the forthcoming arnyarmy 26 following the parade of the legion on the lith anniversary of the churchs organization the legionsLeg ioasionslons lieutenant general expressed 27 great pleasapleasupleasureJ e at the legions first exhibition on the fourth of may 84184.118411841 the prophet refuted charges by the opposition that the legion was nolnotnoc part of the state forces the legion is for ththen public defense the genegencgeneraleraluralurai good and theehe preserva- tion of law and order to save the innocent unoffending citizens from the iron grasp of the oppressor and perpetuate and sustain our free institutions against misrule anarchy and mob violence no other views are entertained or tolerated 280 following a parade on the fourth of july 1842 president smith gave further approval to his troops and expressexpresseded the two main reasons he welcomed affiliation with the state militia to show obedience to laws and protect the saints from mobs were the two justijustljustificationsffications he cited 9029

26 25wi2511c2 vol 404 p 2699 69 ibidL p 2912916 271 28 271bidbidibidL p 325326 ibid p 355 29 HC vol 5 pap&p 57057 108 one of the most superlative statements made concerning the legion also came from the wandercolwanderconwanderconuandermanderanander of these forces after an impres- sive parade the general lauded the soldiers the legion looked well better thanthenchen on any former occasion and they performed theircheirchelechelc evolutions in admirable styllstylsstyle theuheTrhe officers did honor to the legion many of them were and armed 8a men were i gogoodod equipped1 cag282 eieelepie the in spirits they had made great improvements both in uniform and discipline and we felt proud loto10 be associated with a body of men which in point ofofeone discipline uniform appearance and a knowledge of military tactics are the pride of illinois one of its stronstrongest36est defenses and a great bulwark of the western county surprisingly john bennett even after his apostasyapostacyapo stacy had some fair observations about the legion he claimed that with proper managementmana Rement ie himself the legionT might be made very use- fulluiT ul to the country while mentioning some of the members of the legion he prefaced his compliments with the remarks that these men were a few of the most accomplished brave and efficient of the corps he concluded his brief chapter on the legion by observ- ing that the troops are tractable and obedient to the word of couconcommandmand and conduct themselves on parade in a highly creditable and i the most orderly manner 31

an dentifiedidentifiedunidentifiedunun1111 dentifiedfled officerofficer of the united states army having observed the may 7 1842 parade at nauvoo wrote a letter to the editor ofoje the new yorkY orkonk heraldherald and this letter was republished in the millenialmillennialMil lenial star there are no troops in the states like them he

301b3ibidd t appp 383384383 384

3ljohnjohn C bennett histohistory of the saints or an expose of joe smith and the mormons Uodostonbostonuostoinstoin le land andend whiting 1842 appp 211- 2122120 109 testified 32 parley P pratt was favorable in his opinion of the legion too elder pratt extolled the virtues of the people who staffed their own armyJ he also inserted the firstfurst ordinance of the legion and then mentioned perhaps the most important reason for maintaining this army with the city of the saints they have at lengthlengthy he wrote with relief become able to protect themselves 33 this was a coumoncommon viviewI1 ew of the saints about the legion but the latterlatterdayday saints were aware that their enemies possessed a different outlook it has been rumored by our enemies the times and seasons wrote that the legion was got up for sinister and illegal purposes 34 considering that most of the accusations against the legion were made when it was less than four months old these fears seem somewhat unjustified it appears that some antiantimormonsmormons were possibly looking for excuses to contend with mormons and the legion threat was a common target almost every military display and practically each weapon that was forged was taken as a threat and misunderstood and feared for four years the complaints and alarm became increasingly violent and misinterpreted but whether this concern was justified or not the fears and opposition towards the legion were real iini n the lives of many people who did notnocno understand or agree with the latterlatterdayday saints in the last two years 1844 and 1845 the opposition reached a frenzy thehe succeeding chapters will lustrate1ustrateillustrate111.1ilji this heightened resistance that eventually destroyed nauvoonauvoos legion

33ibid331bid33 ibid august 18 1842

34timesT ime s anda edgndgseasonsea s on s may 15 1841 CHAPTERCRAPTER XI

1844 FURTHER TROUBLES AND disbandment

following the procedure established in previous years the legion saw limited action in the beginning months of the new year the first court artialtaartialraartiaitaerraerraarTa tiaiclaicial was held on january 13 the business of this court was lengthy and far reaching in some of its decisions meeting at the usual ten oclock am session the court held this meeting at the masonic lodge A principle topic of the court was a considerationcons I1aerationderationderation of the revised laws of the legion which were in their final stage of development after months of revising the committee presented the laws for concluding approval many of theche sections were repealed or modified however during the course of the meeting ten of the seventysevenseventy seven sections adopted by the legiondeollegidegli on were altered in some way 1 to additionally strengthen the administration and operation of theche legion a commission of seven was appointed to study revise and 20 regularly examine the legion affairs wilson law charles rich

iminutesminutes and ordinance of organization of the nauvoo legion february 3 1841 to october 20p20 1844 appp 697569 75 located in the church of jesus christ of latterlatterdayday saints historical department hereafter cited as legion miomloMiUminutesutes revised laws of the nauvoo lesleglesionionlon nauvoo john taylor 1844 appp 5195 19 copy located in special collections library Brigbrighamhawbawham young university hereafter cited as revised laws a

2legionlegion minutes p 75 110 illlii

i 1 albert rockwood sterstepscepsterhenstephenliengienglen markham hoseali1 sloutstoutscout john scott and john barkerparkerpackerparkenpackey were selected to serve on the committee hosea stout was ordered to prepare the rnavignavirevisedf sed laws of the legion for the press and sellseiiseliiseliisell the printed books at the lowers possible price after many months otof delay and preparation the laws were finally ready for publication andanaano sometime in 1844 definitely after february 14 when they were approved in their final form by the prophet and probably before his death on june 27 they were published the laws were compiled in a small booklet entitled revised laws of the nauvoo legion from the constitution of the unitedstatesunited states if printed by john taylor in nauvoo included with the revised laws 11 are one hundred and one articles of war established bycongressby congress 3 but it was not until the next court martial on february 10 18441.844184421 8442 that thetho ftunalunaifinalfinaii approval was given to these laws meeting again at the masonic hall at ten oclock am the court considered other maltersmatters too it vastaswas determined that hosea stout would publish no more than five hundred copies of these laws and this was to be done at his own expense the apparent failings of brigadier general george miller concoumandercommander of the first cohort were mentioned in this court also A petition from millermillersG cohort was given to the court requesting that their commanding officer be released from his assignment to give the brigadier general ample time to amend his errors or inefficiency the court decided to allow himham until the first of june to do his duty if helielleile still persisted in his ways his office was to be vacated 4

3legionlegion minutes appp 677567 75 revisedrev is ed laws appp 5365 36 4legionlegion minutes appp 768076 80 112

not only was george miller seeminglyseeming0 ly lackinoblackinolackingrl in his dedicationded catloncation but otherotiocherottoci& er censorious officers were too therhe first major generalgenera of the legion john C bennett had fallen earlier now it was becoming obvious that the man who replaced bennett lisonwilsonw4wa law was likewise succeeding his predecessor in more ways than one like water trickling thithroughtharough a tiny crack information was gradually leaking into daylight A second lieutenant aaron johnson related the treacherous news appearing before the judge advocate of the legion john taylor he bore testimony to the following facts state of illinois hancock county city of nauvoo personally appeared before me john taylor judge advocate of the nauvoo legion aaron johnson and being duly sworn deposes and says that on or about the 28th day of april 1844 at the dwelling house of wilson law in nauvoo aforesaid colonel Rro D foster surgeoninchiefsurgeon in chief and brevet brigadier general of said nauvoo legion while talking about joseph smith said that general snithsmith kept aq yanggang of0 E rabbersrobbersrobbens and plunderers aboutcboutzlbotxt his house for the purpose of robbing and plunderiplundersplunderingplunder i1 ng and he smithsmith received half the spoils also that said joseph smith tried to get him foster to go and kill boggs with many other ungentle- manly and unofficerlikeunofficer like observations concerning general smith and others J5 while charges at this time were not brought against law if was clear that he too had turned against the prophet although he was not meniomentionedmenlo ned in the accusation ofor johnson his connection with foster in the criticismi against the lieutenant general implicated him it was soon after on may 7 that law was court martimartialedaled he was charged with ungentlemanly and unofficerlikeunofficer likeilke conduct and found guilty of that charge helashewas consequently cashiered from the legion6Legionlegions 6

5hcjC vol 6 p 350 61bidbid 19 p 362 13113 five days before thithlchithischisi s orordersdero tercbercxercwere given to proceed with the trial of R D1 foslerfosterposlerposter the actingae ting 11maiormalormajor general C C rich issued the followifollowsfollowingng orders to alanson ripley the sergeant major of the second cohort you are herfherebyherg by forthwith commanded to notify the follow- ing named officers of the nauvoo legion to assemble at the office of lieutenant Getiegeneralgetieralgetheralralrai joseph smith on friday the lothloch instdinst at 9 oclock am as members of a court martial detailed for the trial of robert D foster surgeonin chief and brevet brigadier general of the nauvoo legion on the complaint of lieutenant aaron johnson for unofficerlikeunofficer like and unbecoming conduct and hereof fail not and make returns of your pro- i E ceedingsce1 eededingsi ngs to the president oaof the court on the first day of its sitting viz brigadier general aforgeeorgeceorgegeorgeJaorge miller as president brevet Brinbrigadierdierdieydley general hugh mcfall brevet brigadier general daniel wells brevet agadierbridribrigadier1 sadlersadiergadier general john S fullmer colonel jonathan durhadiirhriiii colonel stephen markham colonel hosea stout colonel john scottscout leftenantleutenantlieutenant13Leu tenant colonel john D barkerparker lieutenant colonel jonathan H hale lieulleuliculicucepntL anantenant colonel theodore turley as members of said court and colonel john taylor as judge advocate also to summon willard richards a-aadandlid aaron johnson to appear at the same time and place as witnesses given under my hand the day and year above written

charles C rich major general N L conincouincouncounandingconanandingconananding 77 the session of court was realized and the trial of foster was held the day foifolfollowinglowing laws court martial on friday may 10 the surgeon general of the nauvoo legion robert D foster was also 0 cashiered from military service 8 even though these sad affairs with law and foster had occurred the legion continued to operate on the eighteenth of may some of the troops remained in condition by having regimental exercises even the prophet participated in this it appears that the exercise was somewhat

71bidbid appp 355356355 356 ebidhbidqlbid appp 362 114 involved because the heavy legion canicantcannonslonsionstons were pulled out and fired following the usual fourtosixfour toicotco sixhour exercise thetche regiments were Q relieved of theircheirchelc militaryr tilita duty for that and dismissed at five oclock 9 other business of the legion continued as normal also two days after these exercises another court martial was conducted there was probably little if any business discussed at this court for the record of the prophet indicated that the court was adjourned until june 10 10 unfortunately we have no remaining account of this court or any other meeting that might have been held near this time the official minutes of the legion are void of any entry for a sixsixmonthmonthmonchmorithath1th period from the court martial of february 10 1844 until august 31 11 1844 no minutes or comments are entered in the legion record book

I1 we do know however that tremendous pressure and threatL of harassment and attack waiswaswats continually being thrustchrust at the people of nauvoo one illustration of this fact can be seen in the testimony of H T hugins councilor hugins was retained as lawyer for jeremiah smith who while he was in nauvoo was arrested on a warrant issued by nathaniel pope judge of the U S circuit court A writ of habeas corpus was issued in smithssmtiths behalf and after trial in the court of nauvoo he was orderorderedtd released the man who then had custody of him

T B johnson was ordered to pay the court cost for the trial As agent for the united states johnson was angered at the decision of the court and according to the testimony of huginsflugins made the following accusations

91bid91bid2 p 423 ioibidibid p 399 illegionIllegion minutes appp 808180 81 115

then and there personapersonallypersonaltyy appeared before inemeanepner joseph smith mayor of the acirylcy icy of nauvook the undersigned H T hugins

burding 3 t .0 of0 buriingBurIduridurlburlingtoning ton itwahtwatwa0 wa territory and alademade solemn oath that thomas B johnson diddlo on the 30630chL day of may 1841844 clarcclareciaredeclaredeciarede in his presence that hene intended to bring drconsdaconsdrzglcons and troops of the united states from lowriowalowb territory intoinco thithlchithirthic cityc ityatyacy fforor that purpose of resisting the authority and power of tthebheile municipal court of said city and that he shouldshoullashoulld disregard entirely the authority of said court and thatthadchiat he dedeemedeniedaenied the authority of 1 said court of no effeteffect 0 deponenteponent JfurtherL states that said johnson in his conversation had reference to the case of sswSS U 12 jeremiah smithw XuhLh chicwhicwhichgil011 had been decided by said court on this same day as a result of this affidavit the mayor of nauvoo issued a warrant for the arrest of johnsonjohnsony for threatening the peace of nauvoo johnson had decldecideclaredaread he would bring armed force against 13 the saints to arrest jeremiah smismithsmichth but this trouble was mild com- pared to the diffibiffidifficultiesu1tias that resulted from the events of june 10 1844 the happenings of that day were in essence the final matters that resulted in the disbanding of the nauvoo legion the single slanderous edition of the nauvoo Eexpositors i or published by a few apostates created such indignation and public wrath that the mayor was directed by the city council to destroy the press not only was the press to be destroyed but all the copies of the expositorr were to bede burned likewise were all handbills advertising the same and if any resistance was met by the marshall as he was executing his duty the house was also to be demolished after the order was discharged john Ppo greene the city marshall reported that helielleile had only destroyed the press and type 14 to assist the marshall if necessary part of the nauvoo legion was ordered into service through ahan order to jonathan dunham

12 jlic vol 616 p 423 131bidibid

1 14ibid p 448 116

i then acting major general of the forces the fofollowingtowI1 low11 insing ororderderdec vaswas issued

you are hereby camniandedtocommanded to hold the nanauvoow100 legionT in 1 readiness forthwith to execlexecuexecute1 e the city ordinances and especiallyi to remove the printing establishment of the nauvoo exexjositorexpositorositorrositor and this is what you are required to do at sight under the penalty of the laws provided the marsmarshallllallleall shall require it and need your servservicesices15 it is uncertain how many men from the legion assisted the constable in destroying the press joseph smith said the posse was accompanied by hundreds of the citizens of the city but no mention is made of the number representing the militia there is little doubt however that some did assist in the destruction of the press C A foster affirmed that lwocwoawo hundred soldiers armed with muskets swords 1610 pistols bowie knives and sledge harmiaelhammersG destroyed the expositor

a the destruction of Ca1 free press induced the warsawwars aw sislgnaj to announce thatthac war and extermination dreare inevitable 177 the saints were having difficulties outside the city as well they correctly feared attack from hostile forces just a week after thelle kauvonauvonunoonuyoo0 Eexpositor incident the prophet indicated in two separate letters that nauvoo and saints throughout illinoiillinoiss were to prepare for possipossibleibleibie attacks similarI1 to assaults seen in missouri six years earlier in a letter to his uncle john Salithsmith the prophet warned of this fact the brethren froiafrolafromfraim ramus arrived here this morning we were glad to see them and to hear that you were all alive in the midst of the ragiraggragingsraggingslngsangs of an infatuated and b1oodibloodthirstytthirsty mob I1 write these few lines to inform you that we feel determined in I1

151bideibid 16warsaw16warsaw sisignal june 12 1844 17 ibid 1177

this place not be dimdismayeddig ayed if hell boils over all at once Wwee feel to hope foreoror tthe11he best and deterdecerdeterminemiae to preparepr caparegapare for the worst and we want this to be your motto in common with us thacthatdiat we willweil never ground our arms until we give them up by death free trade and sailors rights protectprotectioaprotectionioaionlon of persons and property wives and families if a mob annoys you defend yourselves to the very last and if they fall upon you with a superior force and you think you are not able to compete nichwithmithwi-lh them retreat to nauvoo but we hope for better things but remember ififyouryour enemies do fall upon you be sure and take the best and efficient measures the emergency of the case may require remember the front and the rear of your enemies because if they should come to nauvoo to attack it unlawfully and by mobm00oo force a little annoyance upon the rear with some bold fellowsC would be a very good thing to weaken the ranks of an enemy ittt is impossible to give you correct information of what to do beforehand but act according to the emergency of the case but never give up your arms but die first the brethren will give you information of the conversation between us we have sent to the governor and are about to send again and we want you to send affidavits and demand the attentattentionon of the governor andstidsaldsaid request protection at his hand in connoncommon with the rest of us that by our continual wearying we may get him to come and investigate the whole affair I1 now conclude with niymy best wishes and must refer you to the brethren for information 1018 in a post script to another letter written by hyrum smith calling the twelve apostles back from their missions joseph smith added

large bodies of armed men cannon and munitions of war are coming fromfroin missouri in steamboats these facts are coumiunicatercommunicated1 to the governor and president of the united statesgStatestatessg and you will readily see that we have to prepare for onset on this same day of june 17 stephen markham signed an affidavit stating that a mob should be expected to make an immediate attack upon nauvoo 2090

18 19 HC volvoi 6 p 486 ibidibidp p 487 201bidibid p 492 118

1 1 acting upon this testestimonyIMOY11 chicwhicwhicht A he obobviouslyv Ious L y believed to be true the mayor directed the marshall of the city johnjohn P gregreenene to use the city police to strictly enforceenforanfor e the law 212 general smith additionally sent two orders to his second in command johathan dunham to prepare immediately for any possible hostile offense he was also told to execute his responsibilities with the least possible eexcitementaclxcl bementtement and confusion dunham was to especially take note of thisthitheIS order you are hereby instructed to execute all orders of the marshall and perform all services with as little noise and confusion as possible and take every precaution to prevent groups of citizens etc from gathering on the bank of the river on the landing of boats or otherwise and allay every cause and pretext of excitement as well as suspicion and let your operations be efficient and decided 22 two final steps were taken that day by the lieutenant general in preparing for martial law he ordered the legion to report for general parade at tea oclock am the next day and directed colonel albert P rockwood the drill officer and comcommandernander of his personal staff to report at once to his headquarters with loaded arms for full 23 militarymi inspection the early morning of june 18 was spent in gathering together the legions cohorts the first cohort under the direction of stephen markham and the second commanded by hosea stout both of these men were serving as acting brigadier generals also during the morning several boxes of new weapons earlier purchased for the use of the city police arrived in nauvoo 24 in the afternoon at 145 pm the fateful

211bidibid p 493 221bidibid 231bid3ibid p 494 241bidibid appp 496497496 497 ilolloilg110119 declaration was released from the mayors office from the newspapers around us and the current reports as brought in frowromom the surrounding country I1 have good reason to fear that a mob is organizing to come upon this city and plunder and destroy said city as well as murder the citizens and by virtue of the authority vested in me as mayor and to preserve the cilycity and the lives of the citizens I1 do hereby declare the said city within the limits of its incorporation under martial law the officers therefore of the nauvoo legion the police as well as all others will strictly see that no persons or property pass in or out of the city without due orders 25

A few moments after this declaration became public the legion and other citizens of nauvoo gathered near two oclock pm across the street from the mansion house they were to listen to the final address of the prophet to his legion and his assembled saints dressed in full military uniform and standing on the unfinished frame of a house the lieutenant general spoke for the last time addressing the people for about an hour and a half he spoke of liberty he reflect- ed upon the persecutions perpetrated upon his followers keilellelie called upon all present to defend their rights and the rights of all men asking them further to sustain by the sword if necessary the laws of their country 26 and in an emotional and dramatic plea for justice and release from the persecutions that had leeched happiness and peace from him he drew his gleaming sword and raised it to heaven pointing to the sky he called upon god and angels to witness his declaration

0 0 0 I1 have unsheathed my sword with a ffirm and unalterable determination that this people shall have their legal rights and be protected from mob violence or my blood shall be spilt upon the ground like watdrwaterwatorwauer and my body consigned to

251bid251bidibid p 497 261bid261bidibid appp 497499497 499 120

the silent tomb while I1 live I1 will never tamely submit to the dominion of cursed mobocracy I1 would velveiwelwelcomecomie death rather than submit to this oppression and it would be sweet oh sweet to rest in the grave rather than submit to this oppression agitation annoyance confusion and alarm upon alarm any longer 27 his wish for death as a release from the wrongs of this world was soon to be fulfilled violent and opposing forces were brewing his destruction and the elimination of his only sure earthly protec- tion the nauvoo legion following his address he paraded with his troops in its final hours taking command and leading his staff he rode at the front of the troops as they marched north on main street and ended the exhibition at the original gathering on the parade grounds undoubtedly to insure the spread of truth he finally ordered that only official communiques 2800 were to be accepted by those enforcing the law also on the 18th of june turley was appointed armor general of the legion 4299 the following day saw the legion again assembled in preparation for possible battle other companies located outside the city also 1 began gathering to bolster the forces A company from green plains and one from iowa arrived near noon and were both escorted to the parade grounds with the other troops 30

A guard was established throughout the city 31 thehe prophet ordered an inner and outer picket guard installed to properly defend the citizens the warsaw sisignal reported that two citizens who were

271bid271bidibid appp 499500499 500 281bid281bidibid ppe 5005009

5020 30 pm 291bidibid 9.9 p 502 ibid p 504 31hc31 vol 6 p 505 121 just passing through the city could notleavenotnoc leave without a writtenwr ittenattenetten pass to do so and this approval had to be from the lieutenant general one of these supposed visitors james cameron further said that sentries were posted in all areas of the city after a delay he said he was finally issued the following pass but had to display it to practically every guard as he tried to leave the city this certifies that james cameron can pass to his home in xcbonoughmcbonoughmckonough county in safety J dunham 32 major general N L research revealed a document of this time containing no less than passes issued for certain persons there were undoubtedly other passes granted to those who needed to move freely throughout the city 33 the thirdthachaard consecutive day of legion parade and assembly was seen on the twentieth meeting early in the morning the troops assembled at the arsenal ground marched to the river performed other military exercises afafterter their dismissal they met again in the afafter-ter noon and drilled until their regular time of release 340 additional plans for the defense of the city were outlined by the prophet in his journal entry for that day he said the company oc at ramus also left for nauvoo on the 20th 1 35 on june 22 preparations

32s32 ignalsignal june 20 1844 33manuscript33manuscript document file 1844 located in the church of jesus christ of latterlatterdayday saints historical department hereafter cited as manuscriptmanusarmanuscr 1i pt filefliefI1lleeleeie 34journal334journal history of the church of jesus christ of latterlatterdayday saints july 8 1939 located in the church of jesus christ of latter day saints historical department hereafter cited as journal history 35 35wiHC vol 6 p 507 122 were made to defend the eastern or rear part of nauvoo dunhambunham was ordered to take tents and camp there with a detachment of his troops and see that this area of the city was also adequately protected 36 throughout the month of june and into the month of july the legion met each day for some type of exercise parade or inspection it wasn1wasntwasna until the seventh of july that the legion ceased their daily musters 37 but their regular drills musters and preparations did not end in very favorable results for all practical purposes the existence of the legion as a formidable fighting force ended on june 24 1844 it was on this day that the state arms were confiscated from the troops about four miles from nauvoo at the fellows farm joseph smith and his companions who were vellingtratravelling to carthage met captain dunn from the stateforcesstate forces he had an order from governor ford demanding the surrender of all the state arms possessed by the legion without any 0 delay the letter was countersigned by lieutenant general joseph smith 38 the prophet and his party returned with captain dunn and his troops to nauvoo to insure that the weapons were relinquished even withw iith the assistance of the state militia company it took about four hours to gather all the state arms from near two oclock until six after all the available weapons were brought to the masonic hall they were loaded together by captain dunns men and returned to carthage that

361bidibid pep 532 37journal37journal history july 8 1939 excerpts from diary of colonel jonathan H hale june 18 to july 8 1844 diary of samuel W richards june 21 to june 30 1844 located in the church of jesus christ of latterlatterdayday saints historical department 38hc vol 6 appp 555558555 558 123 night in reality dunn and his men collected two hundred and twenty 39 small arms and three cannons 7 As mentioned earlierearleari 1 er rumors and lies about the great portion of state armsarmst possessed by the saints were told and thomas ford used these rumors as justification for confis- cating the weapons these arms were demanded because the legion was illegally used in the destruction of the press and in enforcing martial law in the city in open resistance to legal process and the posse comitatus I1 demanded the surrender also on account of the great prejudice and excitement which the possession of these arms by the mormons had alwayskindledalways kindled Iin1i n the minds of the people so large a portion of the people by pure misrepresentation had been made to believe that the legion had received of the state as many as thirty pieces of artillery and five or six thousand stand of arms which in all probability would soon be wielded for the conquest of the country and for the subjection to mormon domination I1 was of the opinion that the removal of these arms would tend much to allay this excitement and pre- judice and in point of fact although wearing a severe aspect would be an act of real kindness to the mormons themselves 40 on wednesday june 26 1844 the prophet issued at noon more orders to major general jonathan dunham regarding the nauvoo legion these orders were recorded by willard richards who was in jail with the prophet but the nature and content of the papers remains unknown at the present time 41 fawn brodie suggested joseph smith asked dunham to 42 come and save him these were the last orders that joseph smith was

391bidibid 40 40thomasthomas ford A histohistoryry of illinois chicago S C griffsgriefs and company 1854 appp 184185184 185

41hcH vol 6 p 592 42fawnfawn brodie no man known my history the life of josjoseph smith the mormon prophet new york alfred A knopf 1971 p 392 124 to give the nauvoo legion the following day he was murdered in carthage jail As the bodies of lieutenant general joseph smith and brevet major general hyrum smith were returned to nauvoo it was most appro- priate their remains be greeted by the army that served them many of the remaining citizens of nauvoo joined the sorrowful procession as it travelled to the mansion house with the death of the prophet joseph smith it was obvious that many of the enemies of the church were con- vinced that the church and the legion too would fall if this was anyones hope they were probably disappointed after the burial of the martyrs and the business of the august 8 1844 conference the brethren attempted to continue with the legions operations just as it was prior to the martyrdom 43 on august 26 1844 a court martial was convened the details and business are unknown but the next day president brigham young met with the officers of the legion it appears that some of the matters discussed in these two meetings dealt with the reorganization of the nauvoo legion 44 lelessss than a week later 1844 another court martial was con- ducted this special court martial was held at the seventies hall the ranking officer was brigadier general charles C rich and colonel hosea stout was chosen as secretary for the group there were two major matters of business to be settled at this meeting 1 the election of a new lieutenant general and a major general and 2 to

431icH vol 7 appp 134 135 441bid441bidibid p 264 125

i decide what course to pursue regarding the continuedcontiincontaintuedaued litarymilitarym3maillarygitary function- ing of the legion 455 the election required little time the new commanding and reviewing officer of the legion was brigham young and the office of major general was filled by charles C rich both won by unanimous vote the remaining item of concern was solved almost as readily the matter to be decided was whether the saints should let their religion be their only protection as governor ford had previously suggested in consideration of what misery had been brought to them in the past by sole dependence upon their religion the courts answer to the pro- blemblei-n was not surprising they concluded to let their religion be their protection with such arms as we can procure for ourselves until we can receive our proportion of the public arms according to the charter of said legion tl466 the court decided to remedy the problem of sufficient arms through their own efforts in a meeting with the officers of the legion on september 10 a resolution was passed to build an arsenal and a gunsmith shop one hundred and thirty dollars was allotted for this purpose 47 six days later these same officers were carrying out their plans and hopes for these buildings at the early hour of six oclockolockyblocky am

brigham young heber C kimball charles C rich jonathan dunham and other officers went to the ground selected for the arsenal which was located near the temple after uncovering their heads and raising their

451bidibid p 265 legion minutes appp 808180 81 46 47 ibid HHC vol 7 p 270 126 hands to heaven lieutenant general brigham young dedicated the land for the agreed purpose saying it was for H the god of the armies of israel 48 with a shovel he then broke the land to begin the con- ststructionruction of the arsenal on the twentyseventhtwenty seventh and twentyeighthtwenty eighth of september governor thomas ford visited in nauvoo one of his reasons for coming was to present certificates of commissioncou issionassion to brigham young as lieutenant general and charles C rich as major general on the second day of his stay in nauvoo thomas ford and the new lieutenant general reviewed the nauvoo legion obviously pleased with the display of his troops brbrighami1 ahamgham young said the legion made a creditable and soldierlikesoldier like appearance several of the staff officers of the legion appeared in uni- form without arms which the governor regarded as a hint to h 1m remind himI of his disarmindisdisarmingarmin99 the legion previous to the massacre of joseph and hyrum smith w As efforts to prosecute the murderers of the prophet and the patriarch increased there apparently was some difficulty in bringing to trial those accused of the deed accordingly governor ford requested the legion to be in readiness if they were needed to enforce law and order we have no record to indicate however that these forces were ever called into service for this purpose tu50 by the state- ment of brigham young though this request to use the legion was in fulfillment of prophecy by the patriarch hyrum smith president young ssaidsaldald

48hcHC vol 7 p 271 journal history september 16 1844

449 7 50 HCH at vol p 277 ibid p 309 127

brother hyrum prophesied that the governor would call upon the nauvoo legion to maintain the supremacy of the law which has betybeedbeen fulfilled according to by the governors late order further efforts to construct the arsenal were proceeding at this time too under date of november 15 brigham young met with It authoritiesitauthorities concerning the completion of this building 52 butbuc at what exact point of construction the building was it is not known the last court martial of the nauvoo legion was held in the closing months of the year meeting on october 20 1844 at ten oclock am in the seventies hall the final matters of military business for the year were presented while many items might have been discussed we only have record of two specific matters that were considered all other business was categorized and marked as minor business 5353.53 the two matters mentioned in the record were 1 J H merryweather was allotted two dollars and sixtyeightsixty eight cents for powder and candles and 2 the personal guard of brigham young was increased to sixtyfoursixty four men this increase was in addition to the present guard given him in consideration of the treatment given their last lieutenant general it was probably a prudent expansion 54 prior to the the young boys of nauvoo were organized into a junior legion joseph smith illIII111 remembered being one of the members of this outfit As a member of this legion he reported the boys numbered between four and six hundred 55

51ibid2ibid pep 313 52hc52 vol 7 p 316 53legion53legion minutes appp 828382 83 541bidibid 55saints55 saints herald january 1 1935 juanita brooks john doyle lee zealot pioneer buildeabuildedbuilder scapegoat glendaleglendalecaliforniacalifornia arthur H clark company 1962 appp 697069 70 121281388 on one occasion the junior legion had a battle with the older men during the battle the smaller and younger troops banged tin pans paipalpailspallspalisolsois and sticks to frighten the horses of the older legion unit none of the mens horses would advance the cavalry tried a second charge but this time also their horses refused to charge the young boys finally lieutenant general charged along on his black horse charley and scattered the younger soldiers with his bold attack josephs son said he eventually left the service of these troops because of mothers wishes ad3d56 A boy named thales elevenyearoldeleven year old brother of irene hascall pomeroy was allowed by his sister to join the junior legion also apparently these boys trained regularly perhaps each week and some even marched in the july 4 1845 parade held in nauvoo 57 the hope and courage of these young soldiers was a bright and positive part of a generally tragic year

561bidibid 57ibid571bid3 CHAPTER XII

STRUGGLE FOR SURVIVAL AND conclusion

from the unfortunate circumstances and harassments of the past few months it was increasingly clear that the nauvoo legion was doomed not only were some people still violently fearful of the legion but some of the enemies of the latterlatterdayday saints were opposed to practically ailallali that the mormons represented with pressure and harangue mounting against the saints practically every day the illinois state legisla- ture on january 21 1845 finally repealed the nauvoo charters given just over foufourr years before I1 through this action it was possibly hoped that the citizens of nauvoo would be unable to defend themselves and function as a peaceful city but if this was what their enemies hoped for their desires were not totally realized nauvoo the saints and the legion continued to exist and function although the legion had been legally disbanded and their authority removed for the second time the troops functioned essentially as they had prior to january 21 the journal of hosea stout a general in the legion provided dozens of entries confirming the almost daily preparations of the nauvoo legion even after their disbandment but to record all of these diary entries would require almostalmosta a total reprint of stouts journal

ibribrigham1 ahamgham H roberts A comcomprehensiveensivecensive history of the church of jesus christ of latterlatterdayday saints vol 2 provo utah brigham young university press 1965 p 468 129 130 hardly one day passed without some pertinent entry by him and the central idea persistpersistentlypersistantlyantly reiterated was this the legion was co- nstantly being called to parade inspection guard and picket duty and mustered for possible attacks upon the newnamednew named city of joseph on many occasions the officers of these forces met and counseled regarding battle plans and defenses to repel any possible bellibelligerantbelligerentgerant displays 2 from the opposition to better defend themselves the saints devised a means of warning other members of the local militia against probable danger the firing of the cannon was the acceptable signal for all men to assemble immediately when a flag was hoisted on the temple tower all within sight were also to gather as soon as possible at the parade grounds with the raising of a striped flag all the commissioned officers were directed to meet at the home of general george miller the hoisting of a white flag signfiedsignsignifiedfied a general muster and though they apparently never realized this concluding warning signal it was planned to have a light attached to the top of the temple so it could be seen for miles 3 As part of their defense the preservation and production of weapons was also taking place during the year theodore turley was employed as a gunsmith to assist Iin11 n this contribution work on the longawaitedlong awaited arsenal was procedingprecedingproceedingproceding as never before general hosea stout

ejuanita2juanitajuanita brooks ed on the mormon frontier the diaryofdiary of hosea stout 184418611844 1861 salt lake city university of utah press 1964 appp 178217 82 31bidbid 131

1 obevedobeyedob evedved the construction of this building as it progressed on june 234 3 andan4ana I1 thethe next month he personally worked on the building on this uttrutar4tatettetetr occasion he assisted in putting the timbers in the roof of the 4 eduaeeeduabeedUedl ftaeeacec e the warsaw signal expressed their fears that the saints were 5 engavalensaenseengavagengaengeenges &vagng in the production and distribution of weaponry although ththoadthoaxe Kr past reports of legion activities were not always totally

i a oqu ge L L was some 1 acqujrglgeoqxag I1 it is likely there justification for theirchelcthe Ir fears in spite of the saints preparation for proper defense some harassmenthaxassmenthamamsmenthamamsment from the opposition was unavoidable on september 15 1845 sevsemealeaieralecal officers in the legion were served with a warrant enumerating vairilauvariqus alleged offenses one of the defendants brigham young related thisthia experienceexperi1 ence michael barnes a constable from carthage and his brother came into nauvoo with writs for H C kimball willard richards john E page daniel garn william and george smith and myself lssuedissuedjlssued by captain smith of the carthage grays on the complaint af0 backman the charges were for aiding and abetting joseph smith in treasonable designs against the state fforor0 being officers in the nauvoo legion for building an arsenal cannon 1 peace a for keeping0 in titimeslmes of for holding private 6 council in nauvoo and for holding correspondence with the indians on the thirteenth of the same month general john J hardin of the stateacate militia entered nauvoo with four hundred soldiers he said hishla purpose was to search and find the bodies of two men missing sisincence they were last seen in nauvoo he claimed they hadbeenhad been murdered during tthedacthedjche-ellzeliclicliz riefbriefb visit among the Morcormonsmormonsmons and that the two unfortunate 9orrvertsbonvects11 had probably been disposed of in the saintly soil at old

warsaw5 may 21 1845 1 1tarsaw ignalsignal

6hcjhc vol 7 ppap& 4444440 132

commerce while men from the legion accompanied the troops around the city some interesting observations about their search were made there were deposited some forty barrels of wild grape wine in the masonic hall which attracted the attention of some of the searchers and caused some delay while searching the mansion stables they found where a horse had been bled and sent for the landlord and demanded an explanation after being shown the horse the general and judge douglas ran their swords into the manure as though they expected to prick some dead bodies and make them squeal almon W babbit told them they must think we were fools to bury dead in a stable when it was so easy to throw them into the mississippi river which was only a few rods off they then marched off and camped on the south side of the city 7 it was the opinion of brigham young that the men were attempting among other things to discover the burial spot of the recent mormon martyrs hosea stout reflected that they were also trying to find the many arms and ammunition that the saints had adroitly hidden throughout 0 the city in the cornfields in the hay and underneath lumber 80 hosea stout was also helpful in preparing a history of the nauvoo legion which he had been instructed to prepare it was intended for this history to be forwarded to willard richards who was writing the history of the church throughout the year from january until at least august hosea stout and others were attempting to compile and complete the record about the legion whether the history was ever completed is unknown at present there is similarly no account of any Q possiepossibpossibleI1 le publication 9

7lbid71bid p 448

8brooksmbrooksbrooks diaryD of hosea stout p 78 crooks diary of hosea stout appp 17 35 39 59 133 it is assumed from available records that the legion continued in the almost totally defensive position throughout the year doing the best possible under adverse circumstances operating without legal authority but desperate to struggle and fight if necessary for their very existence the legions men followed perhaps the only course they could they acted as a group of citizens previously militarily organized fighting literally for their lives and while they held great strength and could have possibly repelled thousands of troops they were legally powerless As a result of the state removing their authority support and arms and thereby reinforcing their impotence as a fighting unit the legion faded into oblivion the once mightylegionmighty legion of nauvoo gradually ended as the era of nauvoo also ended

but the legion was to be resurrected while onOD the plains to the valley of the great salt lake it was revived and renewed netnexnew elections were held regiments battalions and companies were re- organized and after there was a sufficient number of men in to staff the troops they revamped and built again their beloved legion when the provisional government of the was formed in 1849 an important part of that protective government was the nauvoo legion although it was not until 1852 that it was officially given that title the same appellation that they attached to their former army was given to this force also but this authority was to be short lived too finally through the passage of the edmundstuckeredmunds tucker act in 1887 the nauvoo legion was legally abolished forever 134

the legion of nauvoo however had completed a respectable history in its brief fouryearfour year existence within two years after its organization in february 1841 the nauvoo legion had developed into the largest citymilitiacity militiamilietiaetla in illinois not only had the legion developed in numbers but so efficient were the musters parades and military displays of this army that some people began to fear or resent the legions increased manpower and military potential ironically the proficiency of these troops was one of the chief reasons for its eventual destruction critics charged that thieves extra cannon and weapons and joseph smith were sheltered by the nauvoo army in spite of the persecution and harassment towards the legion these troops for the most part were an advantage and blessing to the latterlatterdayday saints the respectable reputation and occasionally envied accomplishments of the nauvoo legion for example were noteworthy successes of the nauvoo era additionally the troops of the legion provided needed protection and a defense for the saints while they were in nauvoo legion members were also able to display loyalty to the state by conforming to the state requirement that all white males between the ages of eighteen and forty five belong to some branch of the state militia also the military experience for the individual members of the church and legion was probably beneficial not only did the persistantpersistentpersistant soldier probably benefit personally in the discipline self confidence and knowledge gained through his service butthebut the church was corres- pondinglypondingly blessed by having a considerable number of men who had been trained in military tactics and drilled in self defense the experience 135 of these legion soldierssold ilerslorsersors was proprobablybablybabiy useful not only while crossing the plains but during their encampment and settlement in the west in conclusion it is hoped that this study has made a signi-s 1I1 gniagni ficant contribution to an increased understanding and appreciation of the nauvoo legion previously most of the legions history had been obscure and scattered through this work the origin organization and operations of the legion have been assembled and chronologized for easier study the author considers the tabulation of known legion officers one of the most worthwhile aspects of the study prior to this listi- ng only a few selected names could be located in numerous sources now over six hundred officers are in one source since the men listed in this roster were some of the participants in the nauvoo legions history it is important that proper credit be given them while it appears doubtful that additional rosters and records of the many unknown men will become available if such information is revealed further studies might be justified perhaps a discussion of the newly discovered officers and enlisted men and their accomplishments and experiences would be possible and worthwhile it has lastly been gratifying to arrive at a more accurate estimate of the total legion enlistment As this work began one of the authors primary goals was to determine the precise number of men in the legion but until additional records are discovered the exact figure will probably remain unknown the maximum legion enlistment however was seemingly never beyond 3000 and the highest actual enrollment was most likely never beyond 2500 soldiers bibliography

136 bibliography

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brooks G and juanita brooks eds A mormon chroniclechronicle the diaries of john D lee 1848 1876 san marino california the huntington library 1955 certificate of Concouvissioncommission of joseph smith the church of jesus christ of latterlatterdayday saints historical department cicityety charter and ordinance of 1iainauvooauvoo legion nauvoo illinois joseph smismithsmichethech 1842 clark james R ed messages of the first presidency of the church of jesus christ of latterlatterdayday saints 183319641833 1964 5 vols salt lake city bookcraft 1965 clayton william william claytonisclaytoniaclay tonstonisconistonts journal salt lake city publishing company 1921

commission certificate of albert P rockwood the church of jesus christ of latterlatterdayday saints historical department elliot benjamin and martin strebel the militia system of south carolina charleston A I1 miller 1835 137 138 foote warren warren foote journal the church of jesus christ of latterlatterdayday saints historical department glines james henry james henry gligilglinesi nes journal the church of jesus christ of latterlatterdayday saints historical department

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caswell henry the city of the Morcormonsmormonsmons london society for pro- moting christian knowledge 1851 clait noel the plains of warsaw utah historical quarterly XXIV 475147 51

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durham G homer joseehjoseph smithsmithy prophetoehat2t statesman salt lake city bookcraft 1944 143 evans john henry joseph smith an american prophetprophetsprophete new york the macmillan company 1946 evans john henry charlescharieschac ie s coulsoncouls on richaichalchri ch new york the macmillan company 1936 evans john henry and minnie E anderson ezra T benson salt lake city deseret 1947 farrow edward S military encyclopedia 3 vols new york edward S farrow 1881 flanders robert bruce nauvoo kingdomK on the mississippi urbana university of illinois press 1965 flanders robert bruce the kingdom of god in illinois politics in utopia dialdialogue spring 1971 ford thomas A history of illinois chicago Sso C griffsgriefs and company 1854 french calvicalvin1 n V organization and administration of the LDS school system 184018451840 1845 unpublished masters thesis philadelphia temple university 1965 ganoe william addleman the history of the united states Aarmy ashtonashtoqashto maryland eric lundberg 1964 garber max B A modern military dictionary washington PSpos bond publishing 1936 gardener hamilton the nauvoo legion 184018441840 1844 journal of illinois statestasestaje historical socleSociesocietytX vol 54 181197181 197 gaylorgaylor george A social economic and political study of the mormons in western illinois 183818461838 1846 A revelation unpublished doctors dissertation indiana university 1955 gaylor george attempts by the state of missouri to extradite joseph smith 184118431841 1843 missouri historical review vol 83 213621 36 gaylor george governor ford and the death of joseph and hyrum smith 11 journal of illinoillinoisI1 s state historical society vol 50 391411391 411 gillespie L kay saintly scoundrels pamphlet brigham young uni- versity special collections library godfrey kenneth causes of the mormon nonmormonnon mormon conflict in hancock county illinois 183918461839 1846 unpublished doctors dissertation brigham young university 196719670 grant carter e- the kingdom of god restored salt lake city deseret book company 1955 144 gregg thomas history off hancock countcounty illinoisI1 I1 i no i s chicago charles C chapman and company 1880 guangunn stanley eljqljoliveryer cowdery salt lake city bookcraft 1962 gunnison john W the mormons orpr latterlatterdayla tterater day saints philadelphia lippencott grambo and company 1852 hansen ralph administrative history of the nauvoo legion in utah unpublished masters thesis brigham young university 1954 harris william mormonismmormon ism portrayedportr warsaw sharp and gamble 1841 hill marvin S the historiography of mormonism church history XXXVIII hinckley bryant daniel hanmer wells salt lake city deseret news press 1942 hinckley bryant heber J grant salt lake city deseret book company 1951 hirshon stanley the lion of the lord new york knopf 1969 hunter milton R brigham young the colonizer salt lake city deseret news press 1940 huntress keith governor ford and the murderers of joseph smith dialdialogue surmersummer 1969 jarman dean Samsamuelsamsuelruelsuelsuei harrison smithslaichsmichsealch unpublished master1mastersmastera s thesis brigham young university 1955 jenson andrew church chronologychronolchronos ogi salt lake city deseret news press 1899 jenson andrew encyclopedic historvhistory of the church of jesus christ of T latterdayatterlatterlacterjatterlatteriatterJ day saints salt lake city deseret news publishing company 1941 jenson andrew latterlatlerlacterlauler day saint biographical encyclencyclopediadiadla 4 vols deseret news latterapress 1936a journal of illinois state historical societyso 50 vols springfield illinois state historical society kimball james A study of the nanauvoouvoouvon charter unpublished masters thesis university of iowa 1966

A mormons linn I1 william the storyA of the from the date of their orioriginocl 0 year 1901190j new york 1923 Z 1 macmillan to the I kirkham francis W A new witness for christ in america 2 vols salt lake city zionizions printing and pubpublishingli shing 1941947 145

Imcgavin1 cecil E nauvoo the beautiful salt lake city stevens and wallis 1946 mccavinmccalvinmcgavinMcCavingavin cecil E the nauvoo temtempletempie salt lake city deseret book company1962company 1962 mulder W and A R mortensen among the Morcormonsmormonsmons atlantic aprilL 186421864 479495479 495 nelson lowry the mormon vivillage salt lake city university of utah press 1952 nibley preston brigham younsyounayoung the man and his work salt lake city deseret news press 1937 noall claire intimate discibiscidisciple salt lake city university of utah press 1957 oaks dallin H the suppression of the nauvoo expositor utah law review winter 1965 of0 brien john american military law and court martial philadelphia lea and blanchard 1846 odea01 dea thomas F ahe1hethe Morcormonsmormonsmons chicago university of chicago press 1957 pardee earl T lorinlor in Ffarr pioneer proveprovo brigham young university press 1953 phillips thomas military institutions of the romans harrisburg military service publishing company 1952 roberts brigham H A comprehensiveC censivehensive hihistorystory of the churchchorch of jesujesus s christ of latterlatterdayday saints 6 vols provo brigham young university press 1965 roberts brigham H joseph smith prophet eacherteacher salt lake city deseret news press 1908 roberts brigham H the life of john Ttaylor salt lake city boo- kcraft 1892 roberts brigham H the rise and fall of nauvoo salt lake city bookcrafbookcraftBookcraft 1900 romney thomas C the life of lorenzo snow salt lake city deseret news press 1955 schindler harold orrin man of god son of thunder salt lake city university of utah press 1966 scott H L military DictiondictionaryaEXaey new york greenwood press 1968 146 siegfried mary A history of hancock countyClountintyncy carthage board of supervisors of hancock county 1968 smith henry the day thetheyy martmartyredaredxred the prophetpro salt lake city bookcrafbookcraftBookcraft 1963 smith joseph fielding essentials in church hishistory salt lake city deseret book company 1961 smith paul thomas A historical study of the nauvoo illinois public school system unpublished masters field project brigham young university 1969 stewart john J joseph smith the mormon prophetpr salt lake city mercury publishing company 1966 taylor samuel W nightfallightfallfailfali at nauvoo new york the macmillan com- pany 1971 the army almanac washington government printing office 1950 tullidge edward history of salt lake city salt lake city star publpublishing1i shing company 1886 tullidge edward life of brigham youngyo new york apnp 1877 tullidge edward life of josejosephph the prophet plane illinois re- organized church of jesus christ of lattlatterlacterlatterdayr day saints 1880 watson G roR the roman soldier ithaca cornell university press 1969 weigley russell F history of the united states army new york the macmillan company 1967 west ray B kingdom of the saints new york viking press 1957 whitney orson F life of heber C kimball salt lake city bookcraft 1888 whitney orson F popularlar salt lake city george Q cannon and sons 1892 widstoe john A josejoseph smith salt lake city deseret news press 1951 winthrop william militarylawsmilitary laws and precedents washington govern printing office 1920 young S dilworth heres brigham the years of 1844 salt lake city bookcraft 1964 appendixes

147 APPENDIX A

148 149

AN ORDINANCE organizing THE NAUVOO LEGION

section 1 be it ordained by the city council of the city of nauvoo that the inhabitants of the city of nauvoo and such citizens of hancock county as may unite by voluntary enrollment be and they are hereby organized into a body of independent military mermen to be called the nauvoo legion as contemplated in the 25th section of an act to incorporate the city of nauvoo approved december 16 1840

section 2 the legion shall be and is hereby divided into two cohorts the horse troops to constitute the first cohort and the foot troops to constitute the second cohort

section 3 the general officers of the legion shall consist of a lieutenant general as the chief commanding and reviewing officer and president of the court martial and legion a major general as the secondincommandsecond in command of the legion the secretary of the court martial and legion and adjutant and inspector general a brigadier general as comcommandernander of the first cohort and a brigadier general as commander of the second cohort

section 4 the staff of the lieutenant general shall consist of two principal aidsaidsdecampde camp with the rank of colonels of cavalry and a guard of twelve aids de camp with the rank of captains of infantry and a drill officer with the rank of colonel of dragoons who shall like- wise be the chief officer of the guard

section 5 the staff of the major general shall consist of an adjutant a surgeon in chief a cornetcorneccoronet a quarter master paymasterpay master 150 a commissary and a chaplain with the rank ofol01 colonels of infantryI1 nfandryantry a surgeon for each cohort a quartermasterquarter master sergeant a sergeant major and chief musician with the rank of captains of light infantry and two musicians with the rank of captains of infantry

section 6 the staff of each brigadier general shallshailshall consist of one aid de camp with the rank of lieutenantcolonellieutenant colonel of infantry provided that the said brigadiers shall have access to the staff of the major general when not otherwise in service

section 17 no officer shall hereafter be elected by the various companies of the legion except upon the nominaticnnomination of the court martialmartiak and it is hereby made the duty of the court martial to nominate at least two candidates for each vacant office whenever such vacancies occur

section 8 the court martial shall fill and supply all officers ranking between captain and brigadier generals by granting brevet commissions to the most worthy company officers of the line who shall thereafter take rank and command according to the date of their brevets provided that their original place in the line shall not thereby be vacated

section 9 the court martial consisting of all the military officers commissioned or entitled to commissions within the limitslimiltets s of the city corporation shall meet at the office of joseph smith on thursday the ath4th day of february 1841 at ten oclock am and then and there proceed to elect the general officers of the legion as contemplated in the 3rd section of this ordinance 151 section 10 the court martial shall adopt for the legion as t nearly as may be and so far as applicable the discipline drill uniform rules and regulations of the united states army

section 11 this ordinance shall take effect and be in force from and after its passage

passed february ard3rd AD 1841

JOHN C BENNETT mayor james sloan recorder APPENDIX B

152 153 legion of nauvoo

ist1st Astis now the sixth of april in eighteen forty one eleven years exactly since the church of christ began and then all men did hate us our numbers being few but now weve honor power weve a legion of nauvoo 2nd ouroux legion is all powerful tfitsIs warlikewar like brave and grand ere long twillwill prove a terror to boggs and all his clan Tsil1 s peaceable and harmless to all who come to view or have a mind to settle in the city of nauvooll 3rd now should our foes be gathered to drive us from our lands or try to thwart our purposes to break the lords commands the day they come against us as they before did do theyll feel the weight and power of the legion of nauvoo ath4th theyll find that illinois firm in her place will stand and faithfully sustain us in peace upon our land theyll find that she doth sanction all that we want to do and especially shell strengthen the legion of nauvoo ath5th our legion is commanded by men of great renown our foes in4 n vain may threaten in vain may on us frown our fhiefchief commanders joseph he well knows what to do because he iiss a prophet in the letlonletioncletion of nauvoo ath6th then major general bennett doth next come in command ever faithful to his leader and strengthening his hand hes a oroughthoroughchoroughch man of war and of wisdom deep we know hes always added lustre to the legion of nauvoo ll ath7th their aides are men of honor intelligence and war well fitted for their duty selected with great care and wilson law and carlos are brigadiers also commanding each a cohort in the legion of nauvoo ath8th their honor and their merits I1 cannot now relate we have so many men who are men of honor great weve orators and sages and priests and prophets too and soldiers valiantheartedvaliant hearted in the legion of nauvoo APPENDIX C

154 155

THE NAUVOO LEGIONLEG lonION for the times and seasons the firm heart of the sage and the patriot is warddwarmd by the grand nauvoo legion the legion is foredformd to oppose vile oppression and nobly to stand in defense of the honor and laws of the land besebase illegal prescribeprescribersrs may tremble tis right that the lawless aggressor should shrink with affright from an band thats united fell robbersmobbers to chase and protect our lovd country from utter disgrace fair columbia rejoice look away to the west to thy own illinois where the saints have found rest see a phoenix come forth from the graves of the just whom missouris oppressors laid low in the dust see a phoenix a legion a warmheartedwarm hearted band who unmoldunmovdunmovid to thy basis of freedom will stand when the day of vexation rolls fearfully on when thy children turn traitors when safety isgoneis gone when peace in thy borders no longer is found when the fierce battles rage and the wartrumpetswar trumpets sound here here are thy warriors a true hearted band to their countrys best intrestincrestin trest forever will stand for then to thy standard thy legion will be A strong bulwark of freedom of pure liberty heres the silver haird vetran who sufferdbufferdsufferd to gain that freedom he now volunteers to maintain the brave gallant young soldier the patriot is here with his sword and his buckler his helmet and spear and the horseman whose steed proudly steps to the sound of the soulstirringsoul stirring music thats moving around and here too is the orphan whose spirit grows brave at the mention of boggs and his own fathers grave yes and bold hearted chieftains as ever drew breath who are fearless of danger regardless of death whove decreed in the name of the ruler on high that the laws shall be conordhonord that treason shall die should they need re enforcements those rirights1 gh ts to secure which our forefathers purchardpurchasdpurcha sd and freedom ensure there is still in reserve a strong cohort above lotolo10110lolol the chariots of israel and horsemen thereof city of nauvoo june 2 1841 APPENDIX D

156 157

COURT MARTIALMARTTAL OF THE NAUVCONAUVIGO LEGION

ordinance no 1

SECsecissectsSECID 1 be it ordained by the court martial of the nauvoo legion in general court assembled that the discipline drill rules regulations and uniforms of the united states army so far as applicable be and they hereby are adopted for the legion provided that each company may adopt its own uniform for the commissionednoncommissionednon c missionedommissionedom officers and privates belonging to it

SECMCA 2 that from and after the 15th day of april next it shall be the duty of every white male inhabitant of the city of nauvoo between eighteen and fortyfiveforty five years of age to enroll himself in some company of the legion by reporting himself to the captain thereof within nine- teen days and every person neglecting or refusing to do so shall on conviction thereof before a regular court martial forfeit and pay the sum of one dollar and the further sum of one dollar for every sub- sequent fifteen days neglect

SEC 3 the legion shall hold a general parade on the first saturday of may and september and the fourth day of july the 3rd when the ath4th comes on sunday in or near the city of nauvoo a battalion parade on the third saturday of june and october in their respective precincts a company parade on the fourth saturday of april june and august in their respective precincts and an officer drill on the thursday and friday preceproceedingeding each general parade in the city of nauvoo and such other musters or parades as the lieutenant general and the major general may jointly direct in each year and any commissionednoncommissionednon officer musician or private who shall neglect or refuse to appear on said days 158 shall be fined in the sum of one dollar for each company or battalion parade and two dollars for each general parade and the commissioned officers neglecting or refusing to appear in their appropriate places on parade shall be fined in the following sums to wit the lieutenant general and the major general thirty dollars brevet major generals and brigadier generals twentyfivetwenty five dollars colonels fifteen dollar lieutenant colonels and majors ten dollars captains six dollars lieutenants four dollars and every commissioned officer musician or private who shall neglect or refuse to uniform himself in full after the lapse of eight months from the passage of this act shall be fined the same sums in addition for each day of parade every commissioned office commissionednoncommissionednon officer or musician who shall neglect or refuse to attend officer drills shall be fined in half the sums afore- said and any corconunissionedcommissioned officer neglecting 0orr refusing to schargedischargedi1 any duty devolving upon him shall in addition be carried and disgraced by a general court martial detailed by the major general by order of the lieutenant general provided always that all members of this corpora- tion who are unable to attend parades on account of sickness in their families or any other reasonable excuse satisfactory to the court martial shall for the time being be exempt from all such fines

SEC 4 that no person whatever residing within the limits of the city of nauvoo of fifteen days residence between the ages of eighteen and fortyfiveforty five years excepting such as are exempted by the laws of the united states shall be exempt from military duty unless exempted by a special act of the court martial of the legion or a certificate of inability under oath signed by the lieutenant general countersigned 159 by the surgeon general and recorded by the major general and recorded by the major generals war secretary

SEC 5 each regimental court of assessment of inesfinesf shall be composed of the major as president the adjutant as secretary and thetine cap- tains of companies as members and the court of appeals shall be composed of the colonel as president the adjutant as secretary and the lieutenant colonel and major as members the court of assessment shall sit on the saturday suceesuceedingsucceedingding each general parade and the court of appeals on the second saturday thereafter at such places as the colonel may direct

SEC 6 the regular court and law days of the court martial of the legion constituting the law making department of the corporation shall be the first friday of march june september and december and such other days as may be appointed by the joint general orders of the lieutenant general and the major general within the city of nauvoo on notice of ten days

SEC 7 the staff of the lieutenant general shall consist of an inspector general with the rank of major general a drill officer a judge advocate and de camp and a guard 1 twelve four aides with the rank of colonels of I aidesaidesdecampde camp and a herald and armor bearer with the rank of captain

SEC 8 the staff of the major general shall consist of an adjutant general a surgeon general a cornet a quartermaster general a commissary general a paymaster general a chaplain two assistant inspectors general four aides de camp and a war secretary with the rank of colonel 2 a quartermaster sergeant sergeant major and chief 160 musician with the rank of major and four musicians and a herald and armor bearer with the raukrankrauw of captain

SEC 9 the staff of each brigadier general shall consist of two camp aides de an assistant quartermaster general 9.9 an assistant commissary general and a surgeon with the rank of lieutenant colonel six assistant chaplains with the rank of major and a herald and armor bearer with the rank of captain

SEC 10 the staff of each colonel shall consist of an adjutant a quartermaster sergeant and a sergeant major with the rank of captain

SEC 11 each regiment shall be officered with a colonel a lieutenant colonel a major and company officers

SEC 12 each company shall be officered with a captain three lieutenants five sergeants one pioneer and four corporals

SEC 13 the lieutenant general and the major general may by their joint act grant brevet commissions to such persons as may merit appointment and promotion at their hands

SEC 14 that all laws and parts of laws inconsistent with this ordinance be and they hereby are repealed

PASSED march 12 1842

JOSEPH SMITH lieutenant general and president of the court martial

JOHN C BENNETT major general and secretary of the court martial APPENDIX E

161 162

head quarters nauvoo legion city of nauvoo illiiilii111 april 28 1842

GENERAL ORDERS

the lieutenant general directs that a PROGRAZIAPROGRAMMA MILITAIRE issue from the office of his commanding general for the7th ath of may proximo which I1 now proceed to consummate

ist the adjutants will form the lines of their respective regiments and the colonels of the line assume command at 9 oclock am

and2nd the adjutant general will form the line of the legion and the brigadier generals assume the command of their respective cohorts at half past 9 oclock am

ard3rd the major general will assume the command of the legion at 10 oclocko1clock am

ath4th at a quarter past 10 oclock am the lieutenant general will be escorted to the field at the review station

ath5th general review and inspection will follow accompanied by such evolutions and exercises as the time will admit of

ath6th at half past 12 oclock pm the forces will be dis- missed until a quarter beforebefobafo ae7e 2 oclock pm

ath7th at 2 oclock pm the major general will resume the commandcomimand and perform such military1 movements and field exercises as the lieutenant general may direct 163

ath8th at 3 mclockpcpclocklockck pm the cohorts will separate and form the line of battle the brigadiers assume their respective comcogcommandsrandsbands and general lawslawlsbawls command will make a descent upon that of general rich in order of sham battle APPENDIX F

164 165

COURT MARTIAL OF THE NAUVOON LEGION

ordinance no 2 SEC 1 be it ordained by the court martial of the nauvoo legion in general court assembled that there shall be added to the staff of the major general two assistant adjutant generals with the rank of colonel and to the staff of each brigadier general as adjutant a sergeant major and a quarter master sergeant with the rank of lieutenant colonel

SEC 2 each company shall consist of no less than thirty two nor more than sixty four privates provided that companies consisting of less than thirtytwothirty two privates may be attached to other companies and com- panies consisting of more than sixtyfoursixty four privates may have the surplus members attached to other companies at the discretion of the general officers of the line

SEC 3 there may be two musicians attached to each company in addition to the officers commissionednoncommissionednon officers and privates thereof

SEC 4 the companies situated out of the nauvoo precinct may hold their courts of assessment of fines and appeals within the bounds of their respective companies on the days fixed upon by ordinance no I11 and the said courts shall in that case be composed of the captain as president the orderly sergeant as secretary and the lieutenants as members and the returns shall be made as in other cases to the adjutant general

SEC 5 the companies situated out of the nauvoo precinct shall not be compelled to attend the general parade iini n the city of nauvoo excepting 166

the july parade provided that they hold an equal number of parades in their respective precincts neither shall the officers and non- commissioned officers out of the said nauvoo precinct be compelled to attend courts martial or officer drills in the city of nauvoo except the july drill each year

SEC 6 the major general shall receive the same compensation for inspecting recording making returns and other duties devolving on him as is now allowed by law to the brigade inspectors of the militia of the state of illinois the surgeon general shall be allowed one dollar for each invalid examined and discharged and the war secretary shall be allowed fifty cents for recording each discharge aforesaid

SEC 7 no squadron of the ist1st cohort or battalion of the and2nd shall consist of less thanthenchen two nor more than four compacompaniesniesniez and no regiment shall consist oflessof less than two nor more than four squadrons or battalions

SEC 8 the ranking officer present at any lawmakinglaw making court martial of the legion excepting the lieutenant general shall be the president of said court and to war secretary and all laws or ordinances passed by the said court martial shall be submitted to the lieutenant general for his approval or disapproval and in case of his disapproval the act shall be returned to the succeeding court martial with his objections in writing and if then passed by twothirdstwo thirds of the court it shall become a law without his signature

SEC 9 that all laws and parts of laws inconsistent with this ordinance be and they hereby are repealed 167 passed june ard3rd A D 1842 john C bennett major general and president of the court martial james sloan war secretary and secretary of the court martial approved june ath6th 1842 JOSEPH SMITH lieutenant benlgenlgeni APPENDIX G

168 169

head quarters nauvoo leglegionionlon city of nauvoo iiiililiiill111111. june 24 1842

GENERAL ORDERS

ist the several companies of the legion will form on the usual parade ground on the ath4th day of july next at half past 8 oclock AM

and2nd atab nine oclock the adjutants will form the lines of their respective regiments and the colonels take command

ard3rd at half past nine or clockoclock the adjutants of cohorts will form the line of their respective cohorts and the brigadier generals take comcommacidcommacommemaridmecidmacidad i

ath4th at ten oclock the adjutant general will form the u-linennene of the legion and the ranking brevet major general take command

ath5th at half past ten oclock the lieutenant general will be escorted to the field by the music the 1st company of the ist1st cohort and the invincibles of the 2nd cohort and on his arrival at the review- ingg station be saluted with a discharge of artillery and etc

ath6th at 11 oclock the general review will commence

ath7th at half past I11 oclock pm the inspection of arms will take place and be followed by theche performancetheperformance of such maneuvers as may be ordered

ath8th the arms especially those of the state will be required to be in the very best order as any neglect on that point cannot be 170 overlooked

ath9th the officers musicians and privates are pettedexpectedex every man to do his duty

WILSON LAW brevet major general JOSEPH SMITH lieutenant general APPENDIX H

171 172

COURT MARTIAL OF THE NAUVOOINAUVOO LEGION

ordinance 3 SEC 1 be it ordained by the court martial of the nauvoo legion in general court assembled that the discipline drill rules regulations and uniforms of the united states army so far as applicable be and they hereby are adopted for the legion provided that each company may adopt its own uniform for the commissionednoncommissionednon officers andtindbindernd privates belonging to it and that all questions of practicability be referred to a committee of five to be appointed by the court martial and that their decision shall be final provided however that an appeal may be had to the general court martial

SEC 2 the legion shall parade in the following manner in each year to wit each company in the legion shall hold a company parade on the second saturday each battalion a battalion parade on the third sat- urday and each cohort a cohort parade on the fourth saturday in april A court of assessment of fines shall be held on the first saturday a court of appeals on the second saturday and a general court martial on the third saturday in may a company parade shall be held on the second saturday a regiment parade on the third saturday a legion parade on the fourth saturday in september and that the band be required to parade upon each of the regimental and cohort parades a court of assessment to be held on the first saturday a court of appeals on the second saturday and a general court martial on the third saturday in october an officer drill to be on the day preceedingproceedingpreceeding the cohort parade and an officer drill upon the day proceedingprece eding the legion parade and any commissionednoncommissionednon officer musician or private 173

who shall neglect or refuse to0 o appear on said days shall be fined in the sum of one dollar for each company or battalion parade and two dollars for each cohort or legion parade and the commissioned officers neglecting or refusing to appear in their appropriate places on parade shall be fined in the following sums to wit the lieutenant general and the major general thirthirtythic ty dollars brevet major generals and brigadier generals twentyfivetwenty five dollars colonels fifteen dollars lieutenant colonels and majors ten dollars captains six dollars lieutenants four dollars and every commissioned officer non commis sionedslonedcloned officer musician or private who shall neglect or refuse to uniform himself in full after the lapse of eight months from the passage of this act shall be fined in the same sums in addition for each day of parade every commissioned officer commissionednoncommissionednon officers or musicians who shall neglect or refuse to attend officer drills shall be fined in half the sums aforesaid and any commi- ssioned officer who shall neglect or refuse to attend their appropriate courts martial shall be fined in one half the sums aforesaid and any commissioned officer neglecting or refusing to discharge any duty de- volving upon him shall in addition be cashiered and disgraced by a general court martial detailed by the major general by order of the lieutenant general provided always that all members of the corpor- ation who are unable to attend parades or court martial on account of sickness in their families or any other reasonable excuse satis- factory to the court martial shall for the time being be exempted from all such inesffines and further it shall be the duty of the command ingofficering officer of each parade day to give at least two weeks previous public notice of said parade 174

SEC 3 each regimental court of assessment of fines shall be composed of the major as president the adjutant as secretary and the captains of companies as members and the court of appeals shall be composed of the colonel as president the adjutant as secretary and the lieutenant colonel and major as members and each legion court of assessment of fines shall be composed of the ranking brigadier general as president the war secretary as secretary and the commanders of cohorts the drill officer the adjutant general and the chichief1 ef musician as members the court of appeals shall be composed of the major general as president the war secretary as secretary and the brigadier generals as members

SEC 4 every commissionednoncommissionednon officer and private who shall appear upon parade without the proper arms and equipage as adopted by their respective companies shall be fined in a sum of twentyfivetwenty five cents and every commissioned officer fifty cents

SEC 5 the presiding officer of each board shall cause the secretary to keep a record of the proceedings of the court of assessments of fines in a book to be kept for that purpose and make out therefrom a certified list of the names of the persons fined with the fine or fines annexed to each name which list it shall be the duty of the presiding officer to issue and furnish to the constable appointed to collectsuchcollect such fines the following warrant to be endorsed at any time when it may be necessary which shall behlsbe his authority for collecting and paying over the same to wit

STATE OF ILLINOIS ss hancock county to constable of the county of of 175

greeting in the name of the people of the state of illinois you are hereby required and commanded to collect from each person named in the foregoing list the several sums of money set opposite their names and within ninety days after receiving this warrant to pay over to the paymaster of the legion the amount so collected and take his receipt for the same and if anyone or more of the said persons shall neglect or refuse to pay the same you are hereby forthwith commanded to levy on the personal goods and chattels of each delinquent and make sale thereof according to the law regulating the collection of debts of a similar amount by execution in this state given under my hand this day of A D 1842 of the and president of the court and any constable collecting any fines under the provisions of this act who shall neglect or refuse to pay over the amount so collected as required Iin1f n the foregoing warrant after deducting twenty percent which shall be his fees for collection it shall be the duty of the paymaster ol01of thechedheithe legion to proceed against such constable or his securities before any justice of the peace of said county and the said constable and his securities shall only be exonerated from the payment of the amount of such fines by showing to the satisfaction of such justice that there was no property whereon to levy of which such fine or fines could be made or that the collection had been suspended by order of the presiding officer of the court of appeals and if in the opinion of said presiding officer or another board of officers any constable has neglected his duty it shall be the duty of such presiding officer or board to withdraw the warrant from such constable and appoint another or others as the case may require

SEC 6 the paymaster of the legion shall within twenty days after the passagea of this act give a bond with sufficient security to the 176 city council of the city of nauvoo for a sum of two thousand dollars for the due performance of the duties of paymaster

SEC 7 there shall not be any monies drawn out of the treasury of the nauvoo legion unless it be drawn upon the certificates of the major general approved by the lieutenant general

SEC 8 no private shall be permitted to leave the company to which he belongs without the permission of his captain unless in case of pro- motion by commission and no captain shall give permission unless his company shall consist of more than sixtyfoursixty four in rank and file and each member over that number may claim a discharge from his captain by producing evidence that he has attached himself to another company and that recruiting orders shall not be issued unless by the major general with the approbation of the lieutenant general who is hereby authorized so to do in their discretion

SEC 9 the major general may issue bills of credit to the amount of five hundred dollars to be signed by the lieutenant general and the major general and countersigned by the war secretary and redeemed out of such monies as may be in the hands of the paymaster or treasurer of the legion

SEC 10 that officers may be elected without being nominated by the court martial and that all vacancies shall be filled by lawful elections and not by granting brevet commissions

SEC 11 that all laws or parts of laws contrary to the provisions of this ordinance contained or specified be and the same are hereby repealed 177

SEC 12 this ordinance to take effect and be in force from and after its passage approved august 13 1842 JOSEPH SMITH lieut gen of the nauvoo legion of illliilil111 militia wilson law maj gen and president of the court martial james sloan war secsee and sec of the court martial APPENDIX I1

178 179

COURT MARTIAL OF THE NAUVOO LEGION

ordinance no 4 SEC I1 be it ordained by the court martial of the nauvoo legion in general court assembled that any private or commissionednoncommissionednon officer residing without the city corporation may leave the company to which he belongs at any time whenever he shall produce satisfactory evidence that he has enrolled himself in the militia company in the precinct in which he resides

SEC 2 each regimental or battalion adjutant shall receive annually from the treasury of the legion two dollars for each company in his respective regiment or battalion provided he shall keep a correct record of all the regimental or battalion orders revise seuiseulsemisemiannually1 annually in the months of april before the cohort drill and in the month of september before the legion drill the roll of commissioned and non- commissioned officers and make return thereof to the respective brigadier general also attend all company elections and keep the record thereof furnish blank returns for each commandment of companies for company battalion regimental cohort and legion parades and deliver them to said commandments before the said days of parade

SEC 3 the record book of said adjutant shall be open to the iinspec-nspec tion of the field and general officers

SEC 4 the adjutants account shall be endorsed by the commanders of regiments and battalions with a certificate that he has duly and faith- fully performed all the duties required by this ordinance and all other rules and regulations 180

SEC 5 the war secretary shall receive thirty dollars and the chief musicians ten dollars each annually in consideraticonsiderateconsiderationconsiderati3 on of faithful per- forformancemance of all duties required of them and all officers shall have their accounts certified to by the major general

SEC 6 the adjutant general shall receive twenty dollars annually in consideration of faithful performance of his duty which account shall be approved by the lieutenant general

SEC 7 the officers composing the courts of assessment and courts of appeal shall receive for their services one dollar each per day to be approved of by the major general

SEC 8 all disbursements made pursuant to this ordinance shall be paid out of the funds in the treasury not otherwise appropriated

SEC 9 that all officers wishing to resign shall present their resignation in writing stating their reasons thirty days previous to the drill musters

SEC 10 all laws or parts of laws contrary to the provisions in this ordinance contained or specified be and the same are hereby repealed

SEC 11 this ordinance to take effect and be in force from and after itsIets1 passage

PASSED october 15 1842 WILSON law major general and president of the court martial james sloan secretary APPROVED joseph smith lieutenant benlgenlgeni nauvoo legion APPENDIX J

180 182

ROSTER abbreviations lieutenant GENERAL LT GEN

MAJOR GENERAL MAJ GEN

COLONEL COLCOLO

MAJOR maj

BRIGADIER GENERAL BRIG GEN

SERGEANT SERG

QUARTER MASTER QMQ M14

PAYMASTER PMP M1

INSPECTOR INSPTINSPTO

ADJUTANT awADJ aibealbeaidedecampAIDE DE CAMP ADCA D C

CAPTAIN CAPT

ASSISTANT ASST

BREVET BREV

DRILL OFFICER d0D 0

CHAPLAIN CHAP

CAVALRY CAV

CORPORAL CORP hebaldHERALD & ARMOR BEARER HABH A B

JUDGE ADVOCATE JUDJUDO ADADO 183

A

NAME RANK DATE assignmenti SSK3nme1 tt

ABBOT d JACOB 3 LT APR 999 1842 2cac s 4rar4rparp 2cac20c

ABNER WILLIAM M CAPT NOV MMmo 5 1842 9 29 2rar 2cac

ALDRIDGE WILLIAM I11 LT JULY 323 1841 lcs1cacsac abs2bsab2b 3r3r2ar 2cac

ALEXANDER H M 3 LT SEPT 4sas4 1841 2cac ab2b 3rar 2cac

ALEXANDER HORACE M 11 I LT APR 991 1842 1cacicylcy I1 4rar 2cac

ALEXANDER HORACE P CAPT SEPT 9 0 1843 IC I1 9 4rar4r2 2cac

ALLEN C I11 LT JULY 332 1841 1cac ab2b 3rar3r2 2cac

ALLEN CHARLES Q M MAY 0.0 memmen QMSERGQMSERGMAYSERGMAYSERG 313 1842 29 2 iro1rirpar 1cac

MOM am 0.0 W ALLEN 0 CAPT APR 222 1842 IV 9 9 allenaallen2ALLEN 0 M CAPT AUG 19 1843 5rar 2cac

ALLEN PHILO I11 SERG 4cs4cacsac 9x 4r4r2ar 2cac

1 m ALLRED ISAAC CAPT JULY 12 1842 9 5rar 2cac

000.000 ALLRED ISAAC CAPT APR 882 1843 9 2 5r5r9ar 2cac

ALLRED JAMES CAPT MAR 929 1841 ADCA D C

ALLRED JAMES 3 LT SEPT 28 1844 9 2cac

ALLRED REUBEN W 3 LT SEPT 10101loy 1842 ic ab1bibslbs 3rar 2cac

0 mom ALLRED WILEY 3 LT APR 222 1842 1 I19 2rar 2cac

ALLRED WILLIAM M 3 LT MAR 919 1341 icaic21cac ab2babs2bs IR 2cac

ALLREDALLREDP WILLIAM M I11 LT MAYmraMIA y 111 1841 1cacICs ab2babs2bs irs1rar 2cac

M MAY ALLRED WILLIAM CAPT 535 3 0 9 2cac

AMES RA 2 AUG o lraI1IRA LT 19s19 1843 0 9 9 5rar 2cac

AMSTED HARVEY ILT3 LT APR 30 1842 9 9 lc

MAY w ANDERSON JOHN 3 LT 6vav6 1842 P 9 2cac

ANDREW A W CAPT AUG m IM I1 19 1843 9 9 5rar 9.9 2cac 184

ANDREWS SOLOMEN 4 SERG 4cac 5rar 2cac

ANGLE TRUMAN 0 3 LT MAY 111 1841 2coaco2cac 1b2ab1b 3rar 2cac

TRUMAN ANGLE 0 2 LT JUNE 28 9.9 1842 1 1 2cac

ANGLE T CAPT MAR ac 0 25 1843 v t irirs 2c ANNIS J C 3 LT MAR 9 1841 ICI1cac ibslbsab1b lri1rIRIar 2cac

ASHTON ISAAC 2 SERG tcp3cp3cac par4r 2cac AUSTIN WILLIAM 2 LT AUG 26126 1843 aci3ci3cac ab1b 3rar 2cac

B backenstos J B MAR 12112 1842 ADCA D C backenstos J B MAY 111 1841 awADJ

11 MAY BACON CHAUNCY I LT 616 1843 aci7ci7cac 2 4rar 2cac

BADLAMBADIAMS A 2 LT MAR 919 1841 2c22cac 1b2ab1b 1rar 2cac

BADLAM A LTLTL SEPT 919 1841 f

BAIN JOHN I11 LT SEPT 9pap9 1843 2cac 4rar 2cac

BAIR JOHN 2 LT APR 999 1842 2cx2cacxac I1 4rar 2cac banon3BANON A L I11 LT icaic21cac ibyab1b 3r93rar 2cac

BARLOW T 2 LTLTO MAY 1 1841 LINE

BARLOW Tto 3 LT APR 616 1841 1cac ab1b irs1rar 1cac

M a BARLOW TRUMAN 1 LT SEPT 24224 1842 1 ic

BARNET JOHN L 1 LT MAR 929 1841 1c21cac 2b2ab2b irair21rar 2cac

BARNET JOHN L BREV CAPT MAR 9 1 1841 1cac ab2b 1rar 2cac

BARNEY 2 LT MAR 11 1842 2c22cac ab1b 2rar 2cac

BARNEY EDSON 2 LTLTG MAR 11 1842 LINE

BARNUM C 3 LTGLT ico1cac ab2b irsiks1rar 2cac

BARNUM CHARLES D CAPT APR 212 1842 2cac s 4r4r2ar 2cac 185

BARRETT JOHN toT CAPT MAY 119 1841 1cac 2b2ab2b ikoIRO1rar 2cac

BARTON JOHN 1 SERG 3c23cac I1 4r4r2ar 2cac

BABARUMRUM C W CAPT APR 292 1842 LINE

BEARD E CORP ROBERT 4 4c24cac 2 4rar4rmarm 2cac

BELL WILLIAM 2 SERG aci6ci6cac i 4rar 2cac

BENNETT JAMES ARLINGTON MAJ GEN APR 12212 1842 INSP GEN

BENNETT JOHN C MAJ GEN FEB 551 1841 STAFF

BENNETT JOHN C INSPT GEN FEB 525 1841 STAFF

BENNETT S NOV 30 1841 SURG OF 2cac

SAMUEL BENNETT MAJ JULY 25325925 1842 2 ll11 s p

BENT SAMUEL COLO coleCOL APR 626 1841 v 2 3rar 2cac

BENTLY 11 RICHARD I LT JULY 414 1843 p 1.1 5r5rjar 2cac

BILLINGS SAMUEL MAJ JULY 111 1844 4r4r9ar 2cac

BILLINGS TITUS CAPT MAR 992 1841 icaic21cac ibslbsab1b irsiro1rar 2cac

BILLINGSBILLINGSP TITUS BREV MAJ MAR 929 1841 p 1b2ab1b irs1rIRIar 2cac BILLINGS TITUS LT COL MAY 112 1841 lclacl1cac ab1b 1riryar 2cac

COL BILLINGS TITUS SEPT 441 1841 1 irv1riryar 2cac

BILLS JOHN BREV BRIG JUNE 221 1842 9 3 GEN

BILLS JOHN SERG MAJmajemajoKAJO JULY 339 1841 2r2rxararx 1cac

W 0 m w milmig01m BILLS JOHN MAJ JULY 23 1842 jv 4.4 23j 1 2

BILLSBILLSP JOHN BRIG MAJ JULY 23 1842 s 2cac

BILLS JOHN ASST INSPT NOV 30 4.4 1841 2cac GEN

BINLEY JOHN LTMSERGLT M SERG JULY 121 1844 p s 4rtart4rar 2cac

m- BITTER WILLIAM 4 SERG lc p 4r24rar 2cac

BIVELO J M BRIG GEN ADCA D C 16866.86

BLACKBILACK GEORGE CAPT MAY 18 s 1844 wemwam040

BLIFFBLIFFSS ROBERT B 3 LT JULY 313 1841 2c2 IBI 2rar I1 C

BLISS ROBERT S 3 LT- JULY 3sas3 1841 2cac IBI 2roaro 2cac

BLISS R S I LTOLT JULY 3 1841 LINE

2 BOIS JOSEPH LT APR 16216 1842 lcyICY 9.9 4rar 2cac

BONNY AMASA SERG MAJ MAY 5p5ap 1842 STAFF

BONNY AMASA 1 LT JULY 3 s 1841 2c2 ab1b 2roaro IC

BONNY E 2 LT MAR 11 .9 ac llsalls 1842 9 1 2rar 2c

BONNY E 2 LT AUG 55pap 1843 2 R 2 C

BOREN BEVERLY C I11 LT SEPT 7 1843 4csacs ab2b 3r2 2cac

BORGHURST JOHN 3 CORP SEPT 5 1843 2coaco p 4rar 2cac

BOWDEN GEORGE W CAPT AUG 20 1843 00000.0 p 2rsars 2cac

BOWMAN T 2 LT ICO ibslbs 3rsars 2cac

BOYCE JOSIAH I11 LT SEPT 919 1843 laplcp 2 4rparp 2cac

BRACKEN 2 LEVI 2 LT 2c2 2bp 2rar 2cac

RACKENBRACKENB LEVI CAPT APR 6 1841 2c2 abs2bs 1 I 2cac

BRANDON GEORGE W CAPT AUG 20 1843 2 R 4.4 2 C

BROWN E L APR 2 1842 ADJO

BROWN JAMES LT COL APR 2 1842 4rar 2cac

BROWN JAMES 3 LT APR 424 1842 2cac

nawmaw BROWN WILLIAM 3 SERG lc 2 4rar 9.9 2cac

BURBANKS M 3 LT JULY 18 9.9 1844 2cac s 4rparp 2cac

BURBANKS DANIEL M 3 SERG SEPT 5 s 1843 tcp2cp s 4rparp 2cac

BURBANKY nennonMmoo 2 LT JUNE 18 1844 2c9 4r9 2cac

BURCEFSBURGEES JAMES 2 CORP SEPT 5 1843 6cac 4rar 2cac

ap BURGEFS SAMUEL 5 SERG SEPT 5p5 1843 aci6ci 9.9 4rparp 2cac

BURGEFS WILLIAM CAPT SEPT 2 1843 on 5rar 2cac 187

BURKLOW LUTHER 4 SERG 40 w 1cac 4rar 2cac

BURKELOW LUTHER 2 SERG SEPT 5 1843 ICI1cac 4rtart4rar 2cac

BURNS DAVID 3 LT JUNE 17170 1842 s 2cac

BUTLER JOHN on MAR 999 1841 ADCA D C ac butterfield ABEL 3 SERG SEPT 5 1843 ICs1cac I1 4r4r2ar 2c

JCc

CAHOON Q M m arp P QM SERG JULY 3 9.9 1841 1 2rar2rp 2cac

CAHOON REYNOLDS MAR 919 1841 ADCAaldD C

CALKINS T CAPT APR 16 1841 LINE

CALL ANSON 2 LT MAR 919 1841 lc ab2b lri1rIRIar IC CALL HANSEN I11 LT APR 616 1841 ICS1cac 2b2ab2b 1rarirsirv IC

CALL JOSIAH 3 LT OCT 8 1842 ic

CAMS DANIEL 2 LT MAY 535 1842 4cacicv4cv 4rar 2cac

CAPT MAY 1 CANOVER PETER i ll11 1841 LINE

CARN DANIEL 2 LT MAY 551 1842 2cac

CARNSICARNS DANIEL 2 LT MAY 5 t 1842 4cac4ctact s 4rar 2cac

CAPRICO THOMAS ADJ MAR 25 1843 1rar 2cac

CASE NATHANIEL CAPT MAY 616 1844 7ctcp7cpac s 4rar4r2 2cac

CASSON JAMES PIONEER

CATHCART D 3 LT SEPT 909 1841 2c22cac ibslbsIBPab1b 1rarirs 2cac

CATHERGATHER D LT SEPT 999 1841 s v j 2cac

CHA WILLIAM 3 LT JUNE 20s20 1842 v 2 5rar5rvarv 2cac

CHAPMAN W 304300 2 3 LT JUNE 30 1842 1 1riryIRsar 2cac

A CHASE CHARLES 3 LT SEPT 2 1843 v 3 5rar5rvarv 2cac

CHASE DARWIN 2 LT MAR 919 1841 ico1cac ab1blbsibs 2rar 2cac

CHASE DARWIN MAY 1 CAPT i 2 1841 2cac 188

CHASE DARWIN CAPTCA PT NOV 6 1841 2rar 2cac

CHASE DAVID CAPT NOV 662 1841 IC ab1blbsibs 2rar 2cac

CHASE H C 2 SERG 2cac 4rar 2cac

CHASE 11 MAY 1 STEPHEN I LT 9.9 1841 2co2cacoac ab2babo2bo 2rar 2cac CHEESE JOHN I1 LT AUG 18 1843 lclacl1cac ab2b Us3rar 2cac

1 183p oessmeas as 1 C CHIDISTER JOHN I IT APR 18 1843 3pap 1.1 1cac

M CHIDESTER JOHN 1 LT APR 828 1843 1 5rar5 R 2cac

CHOMOLAN WILLIAM 2 CORP OCT 6 on 00 2 R I1 9.9 1843 1.1 2rar 2cac

CHRISMAN CHARLES 11 I LT JUNE 18 1.1 1842 ic

CLARK GARDNER 2 LT JUNE 18 1844 3cac 1 4rar 2cac

CLARK HYRUM MAY 1 1 LT 1.1 1841 2co2cacoac ab2b 1rirpIRsar 2cac

CLARKICLARK HIRAM W 2 LT SEPT 772 1843 aci4ci4cac abs2bsab2b 3rar 2cac

CLARKE ISAAC 2 LT JUNE 18 1842 lc

CLAUSON MOSES CAPT APR 16 1842 5cac 30 4rar 2cac

CLAUSON MOSES CAPT MAR 26 1842 LINE

CLAWSON H 1 WILLIAM SERG SEPT 525 1843 5c25cac 9 4rar 2cac

GEORGE W ev CLYDE CAPT JUNE 4x4ax 1842 2 il I1 2cac

COCHAYNE JOHN 2 LT JULY 443 1842 3cac3c2 4r4r2ar 2cac

COIL HIRAM 1 LT APR 636 1841 aci2ci2cac 1b2ab1b 2rar2rvarv 2cac

COLTON COL 11m PHILANDER LT JULY 21021 1843 Y I1 2r2rsarars 2cac

COLTON T 2 LT APR 616 1841 1cac ab1b 2rar2rxarx 2cac

COLTRIN GRAHAM 3 LT SEPT 24 1842 ic

CONOVER PETER W MAJ SEPT 9 1843 2rtart2rar 2cac

CONOVER W CAPT MAY 1 P 1.1 1841 1cacicaic2 abs2bsab2b 2rar 2cac

M m CONRAD VINCENT 2 LT JULY 424 1842 f ic

COOKE GEORGE BREV MAJ JUNE 727 1842 SUG

W 0.0 do COOLEDGE J SERG MAJ JULY 332 1841 2 p 2r2rvararv 2cac 189

COOLIDGE JOSEPH W ADJ SEPT 24 1842 2rar 2cac

CORDEN 1 SERG ap ALFRED SEPT 55p 1843 6cac 0 4rar4rparp 2cac

CORAY GEORGE 2 LT JUNE 25 s 1842 2cac

CORAY GEORGE I11 LT SEPT 17 1842 2cac

COTTON P 2 LT APR 6 1841 ICI1cac lb 2rsars2rar 2cac COTTON P 1 LT NOV 616 1841 ICI1cac irsibsab1b 2rar 2cac

COTTON PHILANDER LT COL JULY 30 9.9 1842 2 U s 2cac

COULSON GEORGE COL JULY 313 1841 2rar 1cac

GEORGE W CROSE JULY 28 12 1843 ADJ

LUMAN H MAR baftoaft eo CULKINS CAPT 26226 1842 p 30 q 2cac

URIAH CORP jugsjugeAUGAUGS 6 6.6 CURTIS 4 61 1843 3 2rar 2cac

CUTLER ALPHEUS CAPT MAR 9vav9 1841 ADCA D C

D

DAME W H 2 LT JULY 313 1841 2cac ab2b2bp 2r2r2ar 2cac

DANA CHARLES R CAPT APR 221 1842 4cac j 4rar 2cac DAVIS A I11 LT MAR 9 1841 ici1cac 1b2ab1b lriIRIirp1rar IC DAVIS A BREV CAPT 2c2cyacacy ab1b irsirp1rar 1cac

DAVIS A CAPT MAY 1 1841 2cac ab1b 1rarIR 1cac bavisDAVISIDAVIS SALSBURY ENSIGN MAY 11 1844 p

DEAN AMOS JUNE 2 s 1842 ADCA D C

DEAN JOHN BREV BRIG

GEN JUNE 7 1842 9

DEAN JOHN PIONEER SEPT 5 1843 5c25cac 2 4r4r9ar 2cac

DE BARON ALONZO CAPT MAY 424 1842 2cac 2b2ab2b 3roaro3rar 2cac

DEGRAW JOHN J CAPT JULY 16216 1842 p 1cac 190igo

DEGRAW JOHN 1 LT APR 30 1842 2cac

DEVOT DAVID ENSIGN JUNE 2020s 1844 icv4cv4cac 4rtart4rar 2cac i

DEWLEYDEWLEYs JACOB 5 SERG SEPT 5 1843 5cac 2 4rar 2cac

DIBBLEdibbleyDIBBLEI PHILO MAJ MAR 112 1842 HABH A B

DILLEY DAVID 1 LT SEPT 14 1844 8cs8cacsac I1 4rtart4rar 2cac

DILWORTH A 2 SERG 4cac 4rar 2cac

DIXON NATHAN CAPT OCT 16 1841 3 5rar

DRIGGS R D 2 LT AUGAUGO 662 1842 2rar 2cac

DRIGGS LORENZO D LTLTI MAY 616 1842 2cac

DRIGGS LORENZO D 3 LT AUG 616 1842 t 2cac9 t

DUKE JONATHAN 2 LT MAY 616 1843 2cac ibtabtab1b 3rar 2cac

00 W MAY o DUEL A wo 2 LT 1Is 1841 x 0 5rtart5rar 2cac

DUZETTE EDWARD 0 00 MAR 919 1841 CHIEF MUSICIAN

DURBYPDURBY ERASTUS H NOV 30 1841 ADCA D C

DYKE GEORGE I11 LT JUNE 25 1842 2cac

DUNHAM JONATHAN H COL APR 212 1842 icv4cv4cac v 4rar 2cac

E

EAGLE JOHN MAR 12s12 1842 ADCA D C

EAGLE JOHN ADJ JULY 535 1841 v i 2rsars2rar IC

mw m 00sm00.00 we 0.0 EAGLESTON SAMUEL s P 1

EARLEARLS JOHN 4 CORP 2cac c 4rar 2cac

APR 1842 ac ELLIS 31 JOHN 3 LT 23s23 2c

ELLIS JOHN 3 LT JULY 449 1842 3cac x 4rs4rarsar 2cac

COL D ELLS J LT 2 ibyab1b 2rtart2rar IC

EVANS H 3 LT JULY 3sas3 1841 2cac 2bvjbvab2b 3rsars3rar 2cac

EVANS H 2 LT SEPT 4pap4 1841 up2cac 2bvjbvab2b 3rar igi191

EVANS HORACE 2 LT SEPT 797 1842 icy1cac ab2b 3rar3rparp 2cac

EWEL JOHN M 3 LT APR 222 1842 9 2cac

F

serag FAUNEY FREDRICK 5 SERGSERIG OCT 6 1843 9 9 2r2r2ar 2cac

1 FILCHER THOMAS I11 LT JUNE 6 1842 9 9 2cac

THOMAS CAPT 5 arx ac FILCHER 1 I1 JULY 414 1843 5rarrx 2c

FOLLETY CA FOLLET KING CAPTfl ICI1cac ab2b I1 2rar IC footyFOOTIFOOT T B ADJ JULY 313 1841 1 9 3rar 2cac FOSTER iR D BREV BRIG GEN JUNE 323 1842 SURG GEN

FOSTER S ADCA D C

FOUTZ JACOB I11 LT JUNE 14214 1842 9 9 2cac

FOWLER GEORGE W 3 LT OCT 6 1842 2cj2cac ab2b i 3r3rjar 2cac

FRANKLIN THOMAS 1 CORP SEPT 515 1843 ico1cac 9j 4rar 2cac

FRY WILLIAM 2 LT JULY 313 1841 icy1cac 2b2ab2b 2rs2rarsar 2cac

FULIMERFULLMER ALMON ADJ MAY 717 1842 ir31rarira lc

FULLMER joJOHNqnan BREV BRIG

GEN JUNE 313 1842 9 9

pmp M FFULLMERuli24e R I1 JON S

FURNHAM A A I11 LT JULY 10 1.1 1843 29 IR s 2cac

G

GADE GAD 3 LTLTO 2c291t abt2btab2b 2rar 2cac

LTO ab GARDNER p R 3 LT MAY 191 1841 2cac 9 2b22b irp1rar 2cac

GARDNER WILLIAWILLIAM114 3 LT MAY 515 1842 9 9 5rar 2cac

ap GARNERgarners WILLIAM 3 LT MAY 5p5 1842 r p I19 29 2cac

mimmmdmm Q M GATES HIRAM SEPT 14 01I 192

GEE L CAPT MAY 112 1841 lcsacs1cac ibyab1b 3r3rxararx 2cac

GLEASON JOHN S CAPT JULY 44vav 1842 31 p ic CLOVERGLOVER H CAPT JULY 3 1841 aci2ci2cac ab2b ari3ri3rar 2cac

GODDARD S H CAPT AUG 515 1845 5rar 2cac GODDARD STEPHEN 2 LT MAR 44pap 1841 ic IB lri1rIRIar 2cac

GOLDEN A H MAJ MAY 1 ac ho 11 1841 1 aby2byab2b ari2ri2rar 2c GOLDSMITH GILBERT I11 LT JULY it1 1842 2cac9p GOVE CARLOS MAR 442 1841 ASST INSPTINSPT1 GEN

GRAY LTG MAY LEVI 2 LT 606 1844 aci7ci7cac 2 ari4ri4rar 2cac

GREENE JOHN MAJ MAR 111 1842 ASST QMQ M GEN

GROVER THOMAS CAPT MAR 929 1841 ADCA DCD C

H DEC GROVES E 3 LT 2222p 1841 2cac 9 ab2b irs1rar IC

GRUNT EZRA 3 LT APR 23223 1842 1 ic

MAY M GULLYGLTLLY SAMMUEL I1 LT liylly11111 1843 jq p 2cac

GURLEY ZENOS MAR 441 1841 AADCDCD C

23p 60 0- GUYMAN NOAH T I11 LT SEPT 2 1843 1.1 1 5115 2cac

H

HAFEN JOHN G 0 W ADJ

HAT B COL MAY 6 HALEE Y JONATHAN LT 61 1843 1 1 3r3r2ar 2cac

nmmm0.0 HALEYHALE JONATHAN H QMQ M SERG JULY 331 1841 00 1 3r3roararo 2cac

HALES F 4 CORP 2cac s jf

HALEY ELDRED 3 LT SEPT 7 1843 aci4ci4cac ab2b 3r3rxararx 2cac

HALL thornsTHOKNSTHOMAS 11 SERG 6c26cac

A D C HALL WILLIAM B LT GEN APR 15 1.1 1842 ADC

HAMILTON ANDERSON M CAPT OCT 8 1842 1cac

HAMILTON ANDREW M CAPT APR 30130 1842 2cac9p 193

HAMILTON ANDREW P CAPT OCT M dmnownemm im 18s18 1842 f 9 t ic

HAMMOS ELIAS 4 SERG 4cac do y p

HAMMOND JOSEPH COL SEPT 929 1843

HANCOCK LEVI W & MAR 9 1841 MUSICIAN

HANCOCK SOLOMON CAPT JULY 3sas3 1841 ICIicylcy1cac ab1b 2rarart2rt

HANCOCK SOLOMON MAJ SEPT 17217 1842 9 2 2rar 1cac

HANSEN JOHN C ADJ JULY 3sas3 1841 p 0 2r2rjar 2cac

A M MAY HARMON LT 6 I1 1842 2cac

HARMON A M 3 LT MAY 696 1842 2cac

HARMON J P MAJ APR 2 1842 w so 4rar 2cac

HARMON JESSE P COL SEPT 14 1844 2 4rar 2cac

W 0 HARPER SAMUEL LT DEC 212 1841 1 s 2 ic

HARR ALVIN 3 LT MAY 5 j 1842 s 2cac2

HARR alvihALVIN 2 LT SEPT 10 1842 2cac

HARR ALVIN 2 LTSLT AUG 515 1843 2rtart2rar 2cac

HARRIMAN THOMAS I1 LT JUNE 30 1842 2cac

HART J LT GEN MAY 111 1841 ADCA DCD C

HASSEN JOHN G ADJ JULY 3 1841 2rar 2cac

HATCH JOSEPHUS PMP M MULY 121 1844 4rar 2cac

HEADFIELD DH LT APR 626 1841 0 lc ac HEAP WILLIAM LT APR 30930 1841 i 9 klufco9r2c

HERRIMAN H 3 LT APR 636 1841 2c32cac ab1b 2r2rxararx 2cac

HERRIMAN H I11 LTILT MAR 11 1842 2ctcp2cpac

HERRIMAN HENRY CAPTGAPT SEPT 9 1843 1 2r2r2ar 2cac

HERRIMAN THOMAS 1 LT JUNE 30 1842 2cac

NOVnoveNOVO 008 HERRYMAN HENRY CAPT 6 1841 t 2

HIBARD S BRIG GEN JUNE 2 1842 194

HIBBARD R boB 3 LT MAY 1 1841 ico1cac ab2b2bp 2rar 2cac

HIBBARD DAWSON I1 ASST INSPT GEN MAR 12212 1842 lajlcj1cac

HICKERSEN GEORGE W 11 NOV 3 I LT 18 1843 f

HICKSHICKSs SAMUEL a APR 696 1841 HABHAH A B

higbee2HIGBEE CHANCEY L BREV CAPT MAR 919 1841 lcs1cacsac ibslbsab1b 2rs2rarsar 2cac

HIGBEE CHANCEY L CAPT APR 626 1841 1cac ab2b 2r2rvarvar 2cac

HIGBEE CHAUNCEY L MAJ GEN NOV 13213 1841 ADCADA D C

HIGBEE GUARD MAR ELIAS 9 s 1841 f 2

M HIGBEE R JUNE 212 1841 f

HIGBEE FRANCIS M BREV MAJ MAR 929 1841 IB t 2rar2rparp 2cac

HIGBEE FRANCIS M CAPT MAR 929 1841 ICI1cac IBIab1b 2rar 2cac

HIGBEE FRANCIS M COL MAR lopiop10 1842 2rar 2cac HIGBEE JOHN S 3 LT MAR 919 1841 2c22cac lbsibsab1b lriirs1rIRIar 2cac HICBEE JOHN S LT SEPT 9 1841 2cac

HIGGINS N 2 LT MAR 929 1841 lc ab2b 1rar1 R 2cac2 C

HIGGINS N LT COL MAY 121 1841 1b2ab1b 2r2r2ar 2cac

HIGGINS NELSON COL JULY 30 1842 2rar 2cac

HILBARDH ILBARD D ASST INSPT GEN MAR 12 1842 1cac

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HILLS GUSTAVUS MAR 19219 1842 MUSICIAN

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211 212

NAUVOO LEGION

general orders for the second cohort of the nauvoo legion and orders of the day

the cohort is hereby ordered to parade on the usual parade ground in this city on the fourth saturday in april as follows the companies will parade at eight oclock am the regiments will be formed at nine oclock the cohort will be formed at ten oclock and the brigadier general will take command immediately after the lieutenant general and major general will be escorted to the review station the escort to consist of the band and light infantry under the counconncommandnand of major bills discharge of cannon when they arrive at the review station and the honors paid to the reviewing officers which are due to their rank review and passing in review and such other movements as the time will admit of until twelve oclock intermission from that time until one oclock when the line will be again formed for inspection movement from line nos 2 3 4 and 5 in macombs tactics echelon movements and such other movements as the time will admit the square w3wawill11 then be formed for address the brigadier generals staff will meet at his residence at nine oclock am

CHARLES C RICH brigadier general second cohort nauvoo legion city of nauvoo april 8 1843 APPENDIX L

213 214

chronological HISTORY OF THE NAUVOO LEGION

IN ILLINOIS

1840

DATE EVENT

FALL 1840 CHARTER APPROVED BY STATE legislature

DECEMBER 16 1840 GOVERNOR CARLIN SIGNED CHARTERS

1841

FEBRUARY 3 1841 PASSAGE OF CITY CHARTER AND ORDINANCE organizing NAUVOO LEGION

FEBRUARY 4 1841 COURT MARTIAL AND ELECTION OF FIRST LEGION OFFICERS

FEBRUARY 20 1841 COURT MARTIAL LEGION FINES resolutions DAYS OF paradesPARADE ETC

MARCH 2 1841 COURT MARTIAL

MARCH 9 1841 COURT MARTIAL

MARCH 10 1841 JOSEPH SMITH JR commissioned AS LT GEN

MARCH 15 1841 COURT MARTIAL

APRIL 6 1841 FIRST PARADE LAYING cornerstone OF TEMPLE

MAY 1 1.1 1841 COURT MARTIAL FIRST COHORT FIRST REGIMENT ORGANIZED

JULY 393 1841 COURT KARTIALMARTIAL PARADE

AUGUST 28 1841 SPECIAL COURT MARTIAL

SEPTEMBER 2 1841 COURT MARTIAL

SEPTEMBER 4 1841 COURT MARTIAL

SEPTEMBER 11 1841 GENERAL PARADE

OCTOVER 30 1841 destruction OF GROG SHOP BY LEGION

NOVEMBER 30 1841 COURT MARTIAL REGARDING THIEVES 215

DATE EVENT

1842

MARCH 11 1842 PARADE

MARCH 12 1842 COURT MARTIAL ORDINANCEORDIMANCE NUMBER ONE

MARCH 19 1842 COURT MARTIAL

MYMAY 5 & 626 1842 OFFICER DRILL

MAY 727 1842 GENERAL PARADE ATTEMPTED assassination OF BOGGS

JUNE 313 1842 COURT MARTIAL ORDINANCE NUMBER TWO

JULY 414 1842 GENERAL PARADE

JULY 505 1842 COURT MARTIAL

JULY 12 1842 CITY ORDINANCE MODIFYING LEGION

AUGUST 13 1842 COURT MARTIALMARTIALI ORDINANCE NUMBER THREE VACANCY OF JOHN C BENNETT

SEPTEMBER 23 & 24224 1842 PARADES

OCTOBER 15 1842 COURT MARTIAL ORDINANCE NUMBER FOUR

DECEMBER 15 1842 COURT MARTIAL

1843

APRIL 22 1843 EXERCISE OF COHORTS

MAY 6 1.1 1843 PARADE

MAY 20220 1843 COURT MARTIAL

JUNE 10 1843 COURT MARTIAL ORDERS REGARDING ARSENAL

JUNE 1843 LEGION RESCUE OF PROPHET

JULY 8 1843 COURT MARTIAL REVISED IAWSLAWS OF LEGION

SEPTEMBER 8 1843 generalparadeGENERAL PARADE

SEPTEMBER 16 1843 GENERAL PARADE

OCTOBER 21 1843 COURT MARTIAL 216

DATE EVENT

NOVEMBER 4 1843 COURT MARTIAL

NOVEMBER 30 1843 STATE REFUSAL TO ASSIST LEGION

DECEMBER 1843 ATTEMPT BY PROPHET TO MAKE LEGION FEDERAL TROOPS

DECEMBER 15 1843 COURT MARTIAL

DECEMBER 18 1 1843 100 MEN TO ASSIST IN ARREST OF LEVI willlamsWILLIAMWILLIAMSS

DECEMBER 19 1843 PARADE NEAR taipleTEMPLE preparations FOR MOB

1844

JANUARY 13 1844 COURT MARTIAL

FEBRUARY 10 1844 COURT MARTIAL

MAY 4 1844 COURT MARTIAL

MAY 919 1844 COURT MARTIAL

MAY 10 1844 COURT MARTIAL

MAY 20 1844 COURT MARTIAL

wm LAWS it 1844 REVISED laus PUBLISHED JUNE 10loy 1844 destruction OF EXPOSITOR

JUNE 17017 1844 LEGION TO BE AT DISPOSAL OF MARSHALL FIVE ORDERS OF JOSEPH SMITH

JUNE 17 AUGUST 6 1844 LEGION ASSEMBLED OR ON PARADE EVERY DAY

JUNE 18218 1844 LAST SPEECH OF PROPHET TO LEGION MARTIAL LAW

JUNE 24024 1844 LEGION DISBANDED BY FORD ARMS surrendered TO STATE CAPTAIN SINGLETON TO HEAD LEGION

BLED MET OF MARTYRS JUNE 28 2 1844 LEGION assalASSaIASSEMBLED BODIES

AUGUST 26 1844 COURT MARTIAL

AUGUST 31 1844 COURT MARTIAL BRIGHAM YOUNG ELECTED LT GENERAL 217

DATE EVENT

SEPTEMBER 10 1844 OFFICERS RESOLVED TO BUILD ARSENAL AND GUNSHOP

SEPTEMBER 15 1844 FIRST REGIMENT SECOND COHORT MET AND ORGANIZED

SEPTEMBER 16 1844 DEDICATED ARSENAL GROUND

SEPTEMBER 28 1844 PARADE

OCTOBER 9 1844 GOVERNOR FORD ASKED FOR LEGION TO BE KEPT I1 IN READINESS

OCTOBER 20 1844 COURT MARTIAL

1845

JANUARY 21 1845 REPEAL OF CHARTERS

JANUARY 1845 DECEMBER 1845 REGULAR preparations MADE FOR ANY NEEDED DEFENSE FOR THE CITY A HISTORY OF THE NAUVOO LEGION IN ILLINOIS

john sweeney jr department of church history and doctrine

M A degree april 1974

ABSTRACT

the nauvoo legion was a branch of the illinois state militia located in nauvoo hancock county illinois to obey the state military service requirement provide adequate protection for themselves and display loyalty to the state the inhabitants of nauvoo organized a militia within their city having received necessary state approval the citizens designated their militia the nauvoo legion which functioned from february 1841 to january 1845 when the legion charter was repealed by the state legislature organized and staffed mainly by members of the church of jesus christ of latterlatterdayday saints the legion was considered by some opponents as a possipossibleibieible threat to non cormonsmormons consequently almost from the legions inception opposing forces sought to abolish it this concern about the legions purpose and power was one of the reasons for the harassment and opposition to latterlatterdayday saints in illinois

f regardless of its brief fouryearfour year history I1 however the leglegionionlon established a very respectable record grew to a number over 2000 soldiers and through their efficiency and soldierlikesoldier like appearance gained an envied reputation i 4j j

I1 7 COMMITTEE APPROVAL faj MLA A garbgarygarg andersnancersnAnceranyersbnsn committee chairman hyrm6esqL abacusanacus cnmitteecamittee member ramarcamarrsqmar C berrett department chairminchairmanchairm9nCha irmin