The twenty-fifth section of the city charter was as follows:
The city council may organize the inhabitants of said city, subject to military duty, into a body of independent military men, to be called the "Nauvoo Legion," the court martial of which shall be composed of the commissioned officers of said legion, and constitute the law-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 act, repugnant to, or inconsistent with, the constitution of the United States, or of this state; and provided also that the officers of the Legion shall be commissioned by the governor of the state. The said Legion shall perform the same amount of military duty as is now or may be hereafter required of the regular militia of the state, and shall be at the disposal of the mayor in executing the laws and ordinances of the city corporation, and the laws of the state, and at the disposal of the governor for the public defense, and the execution of the laws of the state or of the United States, and shall be entitled to their proportion of the public arms; and provided also, that said Legion shall be exempt from all other military duty.
In pursuance of the provisions of the charter the Nauvoo Legion was organized on the 4th day of February, 1841. Subsequently citizens of Hancock County enrolled themselves in the legion, and at the election Joseph Smith was chosen as Lieutenant-General and John C. Bennett Major-General, with Wilson Law and Don Carlos Smith as Brigadier-Generals of the two cohorts of the Legion.
Speaking of the University and the Legion in a letter written at this time, the Prophet describes their purpose in these words:
The "Nauvoo Legion" embraces all our military power, and will enable us to perform our military duty by ourselves, and thus afford us the power and privilege of avoiding one of the most fruitful sources of strife, oppression and collision with the world. It will enable us to show our attachment to the state and nation, as a people, whenever the public service requires our aid, thus proving ourselves obedient to the paramount laws of the land, and ready at all times to sustain and execute them.
The "University of the City of Nauvoo" will enable us to teach our children wisdom, to instruct them in all knowledge and learning, in the arts, sciences and learned professions. We hope to make this institution one of the great lights of the world, and by and through it to diffuse that kind of knowledge which will be of practical utility, and for the public good, and also for private and individual happiness. The Regents of the University will take the general supervision of all matters appertaining to education, from common schools up to the highest branches of a most liberal collegiate course. They will establish a regular system of education, and hand over the pupil from teacher to professor, until the regular gradation is consummated and the education finished.
At a session of the city council held on the 8th day of February, 1841, Joseph reported a bill for an ordinance to prohibit the sale of liquor at retail, which was subsequently passed and put into effect under the title "An ordinance in relation to temperance." The purpose of this measure was to prevent dram drinking, and the event proved that it was wisely and safely drawn, for Nauvoo, under the strict enforcement of this provision, was able to get rid of the low and the depraved. In the discussion of the bill the Prophet spoke at some length on the use of liquors, showing that they operated as a poison upon the system and demonstrating that even in medicine other and harmless things might take their place.
The part taken by Joseph Smith indicates his willingness to join in any practical labor for the advancement of his fellow-men and for the welfare of his country. He consented to act as a member of the city council because he desired to assist in the promotion of a wholesome municipal government. His inspiration was not entirely among the clouds. It prompted him to those practical works without which no community can hope to achieve happiness and prosperity. He became a trustee of the University because no man of his time loved knowledge more than he, and he wished to assist the institution to present the wisdom of past and present times to the rising generation. He consented to act as Lieutenant-General of the Nauvoo Legion—not that he loved military powers or expected to go to war, but that he recognized the duty of every citizen to be prepared to give his arm to his country's service. His conduct in this respect is a reminder that, notwithstanding his divine appointment, he held himself amenable to every law and every regulation of his country.
On the 1st day of March Councilor Joseph Smith presented bills for ordinances providing for the freedom of all religious sects and denominations, and the freedom of all peaceable public meetings within the city of Nauvoo. The ordinances were passed in accordance with the provisions of his bills. His purpose was not to secure freedom for the Saints within the municipality; for this was made certain by their numerical preponderance and by the fact that nearly all the officials were of their number. But it was always Joseph's plan to encourage further discussion and consideration of religious matters, and he desired that no insult or injury should be offered by any of the people of Nauvoo to any minister, or to any other person who might desire to present views not in accordance with the opinions of the majority. He himself and his associates had suffered so much at the hands of a bigoted majority in the past that he determined to prevent any such offense against justice and against heaven, by the citizens of Nauvoo.
On the 10th day of March, Governor Thomas Carlin issued a commission to Joseph Smith as "Lieutenant-General, Nauvoo Legion, of the militia of the state of Illinois."
The spiritual welfare of the people was never neglected by him, and during this busy period he was still able to impart religious instruction from time to time as the needs of the people made such instruction necessary. A revelation was received on the 19th day of January, 1841, concerning the building of the Nauvoo temple and the order and authority of the Priesthood; also making proclamation to all the world to give heed to the light and glory of Zion. In March of the same year the Saints were commanded by revelation to build a city in Iowa, across the river from Nauvoo, to be called Zarahemla.