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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 ...

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; 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 2

A. 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 ...

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, to be Drill Officer;
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...

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, and
R[obert] B. Thompson

1 Oct. 1811–27 Aug. 1841. Clerk, editor. Born in Great Driffield, Yorkshire, England. Methodist. Immigrated to Upper Canada, 1834. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, May 1836, in Upper Canada. Ordained an elder by...

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, Aids-de-Camp; and
James Allred

22 Jan. 1784–10 Jan. 1876. Farmer. Born in Randolph Co., North Carolina. Son of William Allred and Elizabeth Thrasher. Married Elizabeth Warren. Moved to Missouri, before Sept. 1832. Baptized into Church of Jesus Christ of Latter-day Saints by George M. Hinkle...

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,
Thomas Grover

22 July 1807–20 Feb. 1886. Farmer, boat operator. Born at Whitehall, Washington Co., New York. Son of Thomas Grover and Polly Spaulding. Married first Caroline Whiting of Whitehall, 1828. Became a Methodist preacher, by 1834. Moved to Freedom, Cattaraugus...

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,
C. M. Kreymeyer

8 Nov. 1806–21 Feb. 1875. Farmer. Born at Ibbenbueren, Westfalen, Prussia (later in Germany). Son of Mauritz Kreymeyer and Eleanor Tenbrink. Immigrated to U.S., 1832. Purchased land in Hancock Co., Illinois, 29 Dec. 1835. Married first Louisa Sherman, 18 ...

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,
John [L.] Butler

8 Apr. 1808–10 Apr. 1860. Schoolteacher, farmer, cooper, blacksmith. Born at Warren Co. (later Simpson Co.), Kentucky. Son of James Butler and Charity Lowe. Member of Methodist church, then Baptist church. Married Caroline Farzine Skeen, 3 Feb. 1831, at Sumner...

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,
John Snider

11 Feb. 1800–19 Dec. 1875. Farmer, mason, stonecutter. Born in New Brunswick, Canada. Son of Martin Snyder and Sarah Armstrong. Married Mary Heron, 28 Feb. 1822. Baptized into Church of Jesus Christ of Latter-day Saints, 1836, at Toronto. Stockholder in Kirtland...

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,
Alpheus Cutler

29 Feb. 1784–10 June 1864. Stonemason. Born in Plainfield, Cheshire Co., New Hampshire. Son of Knight Cutler and Elizabeth Boyd. Married Lois Lathrop, 17 Nov. 1808, in Lebanon, Grafton Co., New Hampshire. Moved to Upper Lisle, Broome Co., New York, ca. 1808...

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,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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,
Elias Higbee

23 Oct. 1795–8 June 1843. Clerk, judge, surveyor. Born at Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, 1803. Married Sarah Elizabeth Ward, 10 Sept. 1818, in Tate Township, Clermont Co. Lived at ...

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,
H[enry] G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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,
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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,
Samuel H. Smith

13 Mar. 1808–30 July 1844. Farmer, logger, scribe, builder, tavern operator. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Royalton, Windsor Co., Vermont, by Mar. 1810; to Lebanon, Grafton Co., New Hampshire, 1811...

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, &
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

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, Guards.
Maj. 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 ...

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proceeded to the appointment of the following staff; to wit:
Hugh McFall

Ca. 1798–after 1860. Carpenter. Born in Pennsylvania. Married Elizabeth. Moved to Ohio, by 1834. Moved to Illinois, by 1839. Lived at Hancock Co., Illinois, 1840. Appointed adjutant general in Nauvoo Legion, 9 Mar. 1841, in Nauvoo, Hancock Co. Member of Nauvoo...

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, to be Adjutant;
R[obert] D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

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, Surgeon-in-Chief;
George W. Robinson

14 May 1814–10 Feb. 1878. Clerk, postmaster, merchant, clothier, banker. Born at Pawlet, Rutland Co., Vermont. Baptized into Church of Jesus Christ of Latter-day Saints and moved to Kirtland, Geauga Co., Ohio, by 1836. Clerk and recorder for Kirtland high...

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, Cornet;
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....

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, Quarter Master;
John S. Ful[l]mer

21 July 1807–8 Oct. 1883. Farmer, newsman, postmaster, teacher, merchant. Born at Huntington, Luzerne Co., Pennsylvania. Son of Peter Fullmer and Susannah Zerfass. Moved to Nashville, Davidson Co., Tennessee, spring 1832. Married Mary Ann Price, 24 May 1837...

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, Pay-Master;
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

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, Commissary;
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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, Chaplain;
John F. Weld

11 Dec. 1809–28 July 1892. Physician, surgeon. Born in Berkshire, Franklin Co., Vermont. Son of Daniel Weld and Lydia Fuller. Moved to Cornish, Cheshire Co., New Hampshire, by 1810. Moved to Sonora Township, Hancock Co., Illinois, 1827. Attended Dartmouth...

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, Surgeon of the 1st Cohort; James Kelly, Surgeon of the 2nd Cohort;
James Robison

11 Sept. 1810–ca. 20–21 Apr. 1841. Caretaker, assessor. Born in Springfield, Champaign Co., Ohio. Son of Charles Robison and Jerusha Rebecca Kellogg. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, by Nov. 1835. Married Charlotte A. Golden, 24 Nov...

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, Quarter Master Sergeant;
George Wirick [Wyrick]

View Full Bio

, Sergeant Major;
Edward P. Duzett[e]

24 Jan. 1812–9 Dec. 1873. Music teacher, farmer. Born in Boston. Son of Philemon and Betsy Duzette. Married first Eliza A. Cowan, 31 Jan. 1839. Baptized into Church of Jesus Christ of Latter-day Saints, before Mar. 1839. Ordained a seventy, 8 Mar. 1839. Served...

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, Chief Musician; and
Levi W. Hancock

7 Apr. 1803–10 June 1882. Born at Springfield, Hampden Co., Massachusetts. Son of Thomas Hancock III and Amy Ward. Baptized into Church of Jesus Christ of Latter-day Saints, 16 Nov. 1830, at Kirtland, Geauga Co., Ohio. Married Clarissa Reed, 20 Mar. 1831....

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&
D[imick] B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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, Musicians.
On motion the Court Martial adjourned to Saturday the 20th of Feb., 1841, at the
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
of Gen. J. Smith, at 1 o’clock P. M.

Signature of JS.


Joseph Smith President.
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
, Secretary. [p. 2]
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Source Note

Document Transcript

Page 2

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
  • Joseph Smith Jr.

Footnotes

  1. new scribe logo

    Signature of JS.

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