The next move was to pass a temperance ordinance, which practically made Nauvoo a prohibition city—that is, so far as prohibitory ordinances prohibit.
CHAPTER XV.
THE NAUVOO LEGION.
THE Nauvoo charter proper really contained two other charters, viz: One for the establishment of a university within the limits of the city "for the teaching of the arts and sciences, and learned professions," and another for the organization of an independent military body to be called the "Nauvoo Legion."
An ordinance was passed on the third of February, in relation to the university, appointing a chancellor and board of regents. A site for a building was selected, and plans of the structure were drawn, but that was as far as the matter went, as the city had no funds with which to proceed with the work of construction.
An ordinance was also passed on the above date authorizing the organization of the Nauvoo Legion. The original provision in the Nauvoo charter establishing this military body provided that the city council might organize the inhabitants of the city, subject to military duty under the laws of the State, into an independent body of militia; and a subsequent amendment to the charter extended the privilege of joining the Legion to any citizen of Hancock County, who might by voluntary enrollment desire to do so; and in that event he was to have all the privileges to be enjoyed by members of that organization. The charter provided that the officers of the Legion should be commissioned by the governor; and that the members thereof be required to perform the same amount of military duty as the regular militia of the State; they were to be at the disposal of the mayor in executing the laws and ordinances of the city, and the laws of the State; and also at the disposal of the governor for the public defense, and the execution of the laws of the State and of the United States; and were entitled to their proportion of the public arms; but were exempt from all military duty not specified in these provisions.
The commissioned officers of the Legion were constituted its court-martial, which was its law-making department; but no law inconsistent with either the Constitution of the United States or the State of Illinois was to be enacted by this court. The privilege of organizing the citizens of Nauvoo, and as many of the citizens of Hancock County as might desire to unite with them, into an independent military body, was highly gratifying to the people of Nauvoo, but more especially so to Joseph Smith, who, in speaking of it, in a proclamation to the Saints scattered abroad, said:
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 privileges 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 city ordinance provided that the Legion should be divided into two cohorts, the horse troops to constitute the first cohort, and the infantry the second. The commander-in-chief of the Legion was to be known as the lieutenant-general, who was also made the reviewing officer and president of the court-martial and Legion. His staff was to consist of two principal aides-de-camp with the rank of colonel of cavalry; and a guard of twelve aides-de-camp with the rank of captain of infantry; and a drill officer, with the rank of colonel of dragoons, to be the chief officer of the guard.
The second officer was a major-general, to act as the secretary of the court-martial and Legion. His staff consisted of an adjutant; surgeon-in-chief, a cornet, quartermaster, paymaster, commissary, and chaplain; all to hold the rank of colonel of cavalry; besides these, there were to be in his staff, a surgeon for each cohort, quartermaster sergeant, sergeant-major, and a chief musician—with the rank of captain of light infantry; and two musicians with the rank of captain of infantry. Besides these officers there were created by the ordinance an adjutant and inspector-general; and a brigadier-general to command each cohort. The staff of each brigadier-general consisted of an aide-de-camp with the rank of lieutenant-colonel of infantry, and when not otherwise in service, these brigadiers had access to the staff of the major-general.
The ordinance organizing this body of militia provided that the court-martial should adopt for the Legion, so far as practicable, the discipline, drill, uniform, rules and regulations of the United States army. And a law passed by the court-martial shortly after its organization, required all male citizens within the limits of Nauvoo, between the ages of eighteen and forty-five, excepting such as were exempted from service under the laws of the United States, to perform military duty under the penalty of being fined for absence from general parades, as follows: generals, twenty-five dollars; colonels, twenty dollars; captains, fifteen dollars; lieutenants, ten dollars; and musicians and privates, five dollars. For absence from company parades—of course without good reason for the absence—the fines were fixed at these rates: commissioned officers, five dollars; non-commissioned officers, three dollars; and musicians and privates, two dollars.
The first election of officers of the Legion took place on the fourth of February, 1841; and resulted in Joseph Smith being unanimously chosen lieutenant-general; John C. Bennett, major-general; Wilson Law, brigadier-general of the first cohort; and Don Carlos Smith, brigadier-general of the second cohort. The staffs of the respective generals were chosen from the leading citizens of Nauvoo, some of whom were not members of the Mormon Church. There were but six companies at the time the Legion was organized, in February, 1841, but in September following, the number of men had increased to one thousand four hundred and ninety; and at the time of the Prophet Joseph's death, some three years later, the Legion numbered about five thousand.
With such strict regulations, accompanied by a natural enthusiasm for military display, and drilled by competent military officers, it is not to be wondered at if the Legion became the best body of militia in the State of Illinois. It excited the jealousy and envy of the rest of the militia in the surrounding counties, and all the laudable efforts of the Legion to become an efficient body of militia, with a view of assisting in the execution of the State and National laws, if occasion should require, were construed by their enemies to mean a preparation for rebellion, and the establishment and spread of the Mormon religion by conquests of the sword, as, it is alleged, Mohammed established his religion. Thus the forming of an independent body of militia, enabling the Saints to perform their military duty by themselves, which the Prophet fondly hoped would remove "one of the most fruitful sources of strife, oppression and collision with the world," and which he further hoped would give the Saints, as a people, an opportunity of showing their attachment to the State and Nation, whenever the public service required their aid—by the misrepresentation of their enemies, was made one of the principal rocks of offense, and was used to excite the apprehensions and prejudices of the good people of Illinois.
The people of the United States have always been jealous of military power, and hence have been careful in forming their political institutions to subordinate the military to the civil authority, except in times of actual war; and, therefore, notwithstanding the very good intentions of the Saints at Nauvoo, it was a very easy matter for their enemies to excite the prejudice and awaken the fears of the people of Illinois by pointing to the existence of this elaborate and efficient military organization with its frequent musters and parades, and captained by a great religious leader, whom, notwithstanding his virtues and the uprightness of his intentions—they had come to regard as a wild, religious fanatic, prepared to go to what lengths they knew not in the promulgation of his religion. Hence that which was to be a bulwark to the city, and a protection to the Saints, was transformed