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Minutes, 4 February 1841

Source Note

Nauvoo Legion Court-Martial, Minutes,
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL, 4 Feb. 1841. Featured version copied in “Record of the ‘Nauvoo Legion,’” pp. 1–2; handwriting of
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
; signatures of JS and
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
; Nauvoo Legion Records, CHL. Includes docket.
Single leaf, measuring 12 × 7½ inches (30 × 19 cm), with thirty-four horizontal lines printed in blue ink and two vertical lines printed in red ink. Minutes were written in ink on the recto and verso. The top, right, and bottom edges of the leaf have the square cut of manufactured paper, whereas the left edge is uneven, suggesting it was cut from a blank book; the leaf was folded for filing.
The document was docketed by James Ure, who served as a clerk in the Church Historian’s Office from 1852 to 1855.
1

Historian’s Office, Journal, 10 May 1852 and 1 Dec. 1855; Woodruff, Journal, 22 Apr. 1856.


Comprehensive Works Cited

Historian’s Office. Journal, 1844–1997. CHL. CR 100 1.

Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
copied the minutes into his “Record of the ‘Nauvoo Legion,’” of which only three loose leaves are extant. These loose leaves, including the following minutes, have likely remained in institutional custody since their creation.

Footnotes

  1. [1]

    Historian’s Office, Journal, 10 May 1852 and 1 Dec. 1855; Woodruff, Journal, 22 Apr. 1856.

    Historian’s Office. Journal, 1844–1997. CHL. CR 100 1.

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

Historical Introduction

After the
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Illinois, city council passed an ordinance organizing the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

View Glossary
on 3 February 1841, the newly authorized militia unit met for the first time on the morning of 4 February in a court-martial in JS’s
office

Term usually applied to JS’s private office, which was located at various places during JS’s lifetime, including his home. From fall 1840 until completion of JS’s brick store, office was located on second floor of a new building, possibly on Water Street ...

More Info
in Nauvoo. The Nauvoo charter, passed on 16 December 1840, authorized the city council to organize a city militia that would be independent of the local state militia in
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
—the Fifty-Ninth Illinois Regiment—but would operate as an official unit of the
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
state militia and therefore be subject to the Illinois governor.
1

The Nauvoo Legion’s official relationship to the state government mirrored that of other city militias. Governor Thomas Carlin’s commission to JS declared: “I do strictly require all officers and soldiers under [JS’s] command to be obedient to his orders; and he is to obey such orders and directions as he shall receive from time to time, from the Commander-in-Chief, or his superior officer.” (Commission from Thomas Carlin, 10 Mar. 1841.)


Most militias conducted their business in regular meetings for commissioned officers, called courts-martial. The
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
city charter had designated the court-martial of the Nauvoo legion as the “law making department, with full powers and authority to make, ordain, establish, and execute, all such laws” necessary for governance of the militia.
2

See Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


Like other militias, the legion conducted two types of courts-martial. One consisted of general regulation of duties, expectations, and the proposition of resolutions, as was the case with this first meeting. The other enforced bylaws and ordinances through judiciary measures and discipline for members accused of breach of conduct.
3

See Report of Nauvoo Legion General Court-Martial, 30 Nov. 1841.


Historical records suggest the legion met almost weekly for the first year, even though minutes are extant for only a fraction of these gatherings.
4

See “Record of the ‘Nauvoo Legion,’” 1–5, Nauvoo Legion Records, CHL.


Comprehensive Works Cited

Nauvoo Legion Records, 1841–1845. CHL. MS 3430.

JS presided at this initial court-martial, and
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
acted as secretary. Bennett likely recorded the proceedings in a document that is no longer extant and then copied his notes into a larger document titled “Record of the ‘Nauvoo Legion.’”
5

In 1843, Hosea Stout copied the minutes from Bennett’s “Record of the ‘Nauvoo Legion’” into a hardbound ledger book as part of a larger project to collect and record the militia’s history. (See Nauvoo Legion Minute Book, 4 Feb. 1841, 4–6.)


Comprehensive Works Cited

Nauvoo Legion Minute Book, 1843–1844. Nauvoo Legion, Records, 1841–1845. CHL. MS 3430, fd. 1.

Footnotes

  1. [1]

    The Nauvoo Legion’s official relationship to the state government mirrored that of other city militias. Governor Thomas Carlin’s commission to JS declared: “I do strictly require all officers and soldiers under [JS’s] command to be obedient to his orders; and he is to obey such orders and directions as he shall receive from time to time, from the Commander-in-Chief, or his superior officer.” (Commission from Thomas Carlin, 10 Mar. 1841.)

  2. [2]

    See Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

  3. [3]

    See Report of Nauvoo Legion General Court-Martial, 30 Nov. 1841.

  4. [4]

    See “Record of the ‘Nauvoo Legion,’” 1–5, Nauvoo Legion Records, CHL.

    Nauvoo Legion Records, 1841–1845. CHL. MS 3430.

  5. [5]

    In 1843, Hosea Stout copied the minutes from Bennett’s “Record of the ‘Nauvoo Legion’” into a hardbound ledger book as part of a larger project to collect and record the militia’s history. (See Nauvoo Legion Minute Book, 4 Feb. 1841, 4–6.)

    Nauvoo Legion Minute Book, 1843–1844. Nauvoo Legion, Records, 1841–1845. CHL. MS 3430, fd. 1.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Minutes, 4 February 1841
“Record of the ‘Nauvoo Legion,’” 4 February–9 March 1841 Nauvoo Legion Minute Book, February 1841–October 1844 History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith”

Page 1

Pursuant to an ordinance of the City Council of the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, entitled “An Ordinance organizing the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

View Glossary
,” passed, Feb. 3rd, AD. 1841,
1

See Minutes, 3 Feb. 1841.


the Court Martial of Said Legion assembled at the office of Joseph Smith, on Thursday the 4th day of February, AD. 1841; present—
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
,
Don C[arlos] Smith

25 Mar. 1816–7 Aug. 1841. Farmer, printer, editor. Born at Norwich, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Palmyra, Ontario Co., New York, 1816–Jan. 1817. Moved to Manchester, Ontario Co., 1825. Baptized into Church of Jesus...

View Full Bio
,
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
,
William Law

8 Sept. 1809–12/19 Jan. 1892. Merchant, millwright, physician. Born in Co. Tyrone, Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co...

View Full Bio
,
A[lbert] P. Rockwood

9 June 1805–25 Nov. 1879. Stonecutter, merchant, prison warden. Born in Holliston, Middlesex Co., Massachusetts. Son of Luther Rockwood and Ruth Perry. Married Nancy Haven, 4 Apr. 1827. Baptized into Church of Jesus Christ of Latter-day Saints by Brigham ...

View Full Bio
,
Charles C. Rich

21 Aug. 1809–17 Nov. 1883. Schoolteacher, farmer, cooper. Born in Campbell Co., Kentucky. Son of Joseph Rich and Nancy O’Neal. Moved to Posey Township, Dearborn Co., Indiana, ca. 1810. Moved to Tazewell Co., Illinois, 1829. Baptized into Church of Jesus Christ...

View Full Bio
,
Titus Billings

24 Mar. 1793–6 Feb. 1866. Stonemason, carpenter, musician. Born in Greenfield, Hampshire Co., Massachusetts. Son of Ebenezer Billings and Esther Joyce. Moved to Mentor, Geauga Co., Ohio, by 1817. Married Diantha Morley, 16 Feb. 1817, in Geauga Co. Moved to...

View Full Bio
,
Stephen Markham

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

View Full Bio
,
Francis M. Higbee

1820–after 1850. Attorney, merchant. Born in Tate, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Moved to Fulton, Hamilton Co., Ohio, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to Jackson Co., Missouri...

View Full Bio
,
B[enjamin] S. Wilber

19 Apr. 1810–by 10 Aug. 1853. Merchant. Born in Barnard, Windsor Co., Vermont. Son of Aaron Wilber and Abigail Salisbury. Married first Sally Ann. Married second Sophia F. Baptized into Church of Jesus Christ of Latter-day Saints, by 3 Mar. 1836. Ordained...

View Full Bio
,
A[mos] Davis

Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...

View Full Bio
,
J[ohn] D. Parker

22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...

View Full Bio
,
John T. Barnett

20 Oct. 1809–2 Sept. 1905. Farmer, community and civic leader. Born in Sullivan Co., Tennessee. Son of James Henry Barnett and Mary A. Tipton. Moved to Jefferson Co., Tennessee, by 1822. Moved to Springfield, Sangamon Co., Illinois, 1829. Boyhood friend of...

View Full Bio
,
D. H[arvey] Redfield

31 Aug. 1807–27 Dec. 1878. Teamster, farmer, merchant, coroner. Born at Herkimer, Herkimer Co., New York. Son of Samuel Russell Redfield and Sarah Gould. Baptized into Church of Jesus Christ of Latter-day Saints, by 1831. Ordained a priest by Sidney Rigdon...

View Full Bio
,
H[osea] Stout

18 Sept. 1810–2 Mar. 1889. Farmer, teacher, carpenter, sawmill operator, lawyer. Born near Pleasant Hill, Mercer Co., Kentucky. Son of Joseph Stout and Anna Smith. Moved to Union Township, Clinton Co., Ohio, 1819; to Wilmington, Clinton Co., fall 1824; to...

View Full Bio
,
N[elson] Higgins

1 Sept. 1806–20 Nov. 1890. Farmer, laborer, justice of the peace. Born at Milford, Otsego Co., New York. Son of Daniel Higgins and Mary Daggett. Married Sarah (Sally) Blackman, ca. 1826, at Fitchville, Huron Co., Ohio. Baptized into Church of Jesus Christ...

View Full Bio
,
S[tephen] Winchester

8 May 1795–1 Jan. 1873. Farmer. Born in Vershire, Orange Co., Vermont. Son of Benjamin Winchester and Bethia Benjamins. Married Nancy Case, 31 July 1816, in Fort Edward, Washington Co., New York. Moved to Elk Creek, Erie Co., Pennsylvania, by 1820. Baptized...

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,
Thomas Rich

29 Nov. 1817–26 Jan. 1884. Farmer. Born in New Albany, Floyd Co., Indiana. Son of Landon Rich and Elizabeth Rickets. Family owned land in Missouri, by 1838. Charged along with JS and others with treason and other crimes, 29 Nov. 1838. Married Henrietta Peck...

View Full Bio
,
C[hauncey] L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
,
J[ohn] C. Annis

17 Nov. 1784–June 1849. Carpenter. Born at Thetford, Orange Co., Vermont. Son of John Annis and Sabra Closson. Married Hannah Marie Crawford, 16 Jan. 1806, at Thetford. Moved to Caledonia, Genesee Co., New York, by 1810; to Mason Co., Virginia (later in West...

View Full Bio
, &
A. Badlam [Alexander Badlam Sr.]

28 Nov. 1808–30 Nov./1 Dec. 1894. Coachmaker, realtor, inventor, author. Born at Dorchester, Suffolk Co., Massachusetts. Son of Ezra Badlam and Mary Lovis. Married Mary Ann Brannan, ca. 1833, near Saco, York Co., Maine. Participated in Camp of Israel expedition...

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, all commissioned officers of the State of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
.
2

The officers listed here were all previously commissioned in the Illinois state militia. (Adjutant General’s Office, Rank Roll, 13 Jan. 1841, Illinois Governors’ Correspondence, Illinois State Archives, Springfield.)


Comprehensive Works Cited

Illinois Governor’s Correspondence, 1816–1852. Illinois State Archives, Springfield.

The Court was called to order by
Gen. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
.
Capt. Billings

24 Mar. 1793–6 Feb. 1866. Stonemason, carpenter, musician. Born in Greenfield, Hampshire Co., Massachusetts. Son of Ebenezer Billings and Esther Joyce. Moved to Mentor, Geauga Co., Ohio, by 1817. Married Diantha Morley, 16 Feb. 1817, in Geauga Co. Moved to...

View Full Bio
, &
Lieut. Winchester

8 May 1795–1 Jan. 1873. Farmer. Born in Vershire, Orange Co., Vermont. Son of Benjamin Winchester and Bethia Benjamins. Married Nancy Case, 31 July 1816, in Fort Edward, Washington Co., New York. Moved to Elk Creek, Erie Co., Pennsylvania, by 1820. Baptized...

View Full Bio
, were elected Judges, and
Lieut. Stout

18 Sept. 1810–2 Mar. 1889. Farmer, teacher, carpenter, sawmill operator, lawyer. Born near Pleasant Hill, Mercer Co., Kentucky. Son of Joseph Stout and Anna Smith. Moved to Union Township, Clinton Co., Ohio, 1819; to Wilmington, Clinton Co., fall 1824; to...

View Full Bio
, Clerk, of the election, when the court proceeded to elect the General officers of the legion; whereupon Joseph Smith was duly elected Lieutenant General;
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
, Major General;
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
, Brigadier General of the 1st Cohort; and
Don C. Smith

25 Mar. 1816–7 Aug. 1841. Farmer, printer, editor. Born at Norwich, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Palmyra, Ontario Co., New York, 1816–Jan. 1817. Moved to Manchester, Ontario Co., 1825. Baptized into Church of Jesus...

View Full Bio
, Brigadier General of the 2nd Cohort.
3

The first cohort consisted of cavalry; the second consisted of infantry and artillery troops. (Minutes, 3 Feb. 1841.)


Generals J. Smith,
Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

View Full Bio
, &
D. C. Smith

25 Mar. 1816–7 Aug. 1841. Farmer, printer, editor. Born at Norwich, Windsor Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Palmyra, Ontario Co., New York, 1816–Jan. 1817. Moved to Manchester, Ontario Co., 1825. Baptized into Church of Jesus...

View Full Bio
, were sworn by
General Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
, and
Gen. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

View Full Bio
by
Capt. Rockwood

9 June 1805–25 Nov. 1879. Stonecutter, merchant, prison warden. Born in Holliston, Middlesex Co., Massachusetts. Son of Luther Rockwood and Ruth Perry. Married Nancy Haven, 4 Apr. 1827. Baptized into Church of Jesus Christ of Latter-day Saints by Brigham ...

View Full Bio
. Lt. Gen. Smith proceeded to the appointment of the following staff; to wit: [p. 1]
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Source Note

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Page 1

Document Information

Related Case Documents
Editorial Title
Minutes, 4 February 1841
ID #
2866
Total Pages
2
Print Volume Location
JSP, D8:24–26
Handwriting on This Page
  • John C. Bennett

Footnotes

  1. [1]

    See Minutes, 3 Feb. 1841.

  2. [2]

    The officers listed here were all previously commissioned in the Illinois state militia. (Adjutant General’s Office, Rank Roll, 13 Jan. 1841, Illinois Governors’ Correspondence, Illinois State Archives, Springfield.)

    Illinois Governor’s Correspondence, 1816–1852. Illinois State Archives, Springfield.

  3. [3]

    The first cohort consisted of cavalry; the second consisted of infantry and artillery troops. (Minutes, 3 Feb. 1841.)

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