Enclosing the opinion of the Attorney-General, Josiah Lamborn, as follows:—
Letter: J. Lamborn, Attorney General of Illinois—Legal Opinion of Above.
SPRINGFIELD, ILLINOIS, Nov. 30, 1843.
I have examined the claim of J. C. Bennett as brigade-inspector of the Nauvoo Legion, and it is my opinion that the claim should be disallowed.
The Legislature, in giving authority for the organization of a body of "independent military men" at Nauvoo, intended, no doubt, that all expenses, &c., except "their proportion of public arms," should be defrayed by the city and its privileged Legion.
They occupy a novel position, disconnected from the military communities of the whole State, and in no way subject to the regular military officers, possessing an exemption even from subjection to the general military laws, with a law-making power invested in their own Legion. It is not reasonable to suppose that the Legislature would confer so many exclusive favors, and yet pay those who profit by this condition of things as much as is paid to regular militia officers.
In the absence of any express provision by law to authorize the payment of the claim, I can see nothing from which an authority of the kind could be derived, and therefore advise accordingly.
J. LAMBORN, Attorney-General.
And copy of letter from J. N. McDougall to General W. L. D. Ewing:—
Letter: J. N. McDougall to State Auditor.
SPRINGFIELD, ILLINOIS, Nov. 30, 1843.
General W. L. D. Ewing, Auditor, &.c.—
I have examined the claim of John Bills, brigade-major of the Nauvoo Legion, for services under the 53rd section of the militia law, and have arrived at the conclusion that the Nauvoo Legion are not to be considered as a part of the regular militia of this State, and that the general law has no further application to them than is expressly provided for in the law authorizing their organization. The law providing for the organization of the Legion making no provision for the payment of its officers by the State, it is my opinion that the above claim ought not to be audited.
The Legion was organized by the City Council, is subject to their control for the purpose of enforcing their ordinances. It is entirely independent of the general military law, may have a different organization, make laws for its own government, and seems evidently designed to sustain the municipal authorities of Nauvoo. If there are expenses to be paid, the municipality of which they form a very important element, must meet them. I am, with great respect,
Your obedient servant,
J. N. McDOUGALL.
Mr. Ewing reported to Major Bills that the returns made out [for Mr. Bills], and sent to the State Department, were the best reports by any brigade-major in the State, and did him great credit: the refusal to pay him for his services is a mere pretext, as the Nauvoo Charter requires that the Nauvoo Legion shall perform the same amount of duty 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 to their proportion of the State arms; and were it not for the prejudice against us on account of our religion, his claim would have been paid without a word of complaint.
Footnotes:
[1]. The omitted part of the letter is a paragraph in which are quoted a number of foreign phrases from Egyptian, Hebrew, Greek, German, Portuguese and other tongues; which are in no way germane to the subject discussed, but are a mere pedantic display, doubtless admitted, in this instance, in a spirit of humor by President Smith, as an offset to Bennett's assumption of so lofty an intellect—a mind of "so mathematical and philosophical a cast—that the divinity of Moses," etc., made no "impression" on him. The display of foreign phrases was doubtless the work of W. W. Phelps, who had some smattering knowledge of languages, which he was ever fond of displaying. Unfortunately similar displays were injected into President Smith's appeal to his native state—Vermont; and his paper, "Views of the Powers and Policy of the Government of the United States." These injections were also doubtless the work of Elder Phelps, who was one of the Prophet's clerks and amanuenses when the documents named above were prepared. Because these displays of pedantry mar these documents, and are in no way germane to the subjects of which they treat, and are not really the work of President Smith, they are omitted from the papers referred to as published in this HISTORY, the omission being indicated by ellipses signs.
[2]. Not in the blasphemous sense attributed to him by some anti-Mormon writers; namely, that God was subordinate to him—his right hand man (See Riley's "Founder of Mormonism" Ch. X); but in the sense of the passage near the close of his address to "The Green Mountain Boys" (this chapter)—"And Jesus Christ, the son of God, is my Great Counselor"—reverently said.
[3]. The General Government finally constructed a canal around the rapids at a cost of $4,582,000, completing the work in 1877. The canal is seven and a half miles in length and has in it three locks, overcoming the obstruction in river navigation which the Des Moines rapids in early days presented. It is called the Des Moines Rapids Canal.
[4]. This Col. Frierson resided at Quincy, was a political representative of John C. Calhoun, then an active aspirant for the presidency of the United States. See letter of Joseph L. Heywood, pp. 62, 63.