Minutes and Ordinance, Nauvoo Legion, 3 August 1842

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August 3rd 1842
Court Martial met according to previous notice by the Lieutenant General, to take into consideration the report of the Committee appointed to revise the <​law,​> on the 4th of July, and to elect a Major General to fill the vacancy of Cashiered. Court met at ten o clock A. M. at General ’s office.
The rank roll was then called.
The committee then presented a Bill to be entitled Ordinance No 3. which was read at full length and then it was ordered to be taken up and read by seperate sections and acted upon which was <​done​> and passed with sone little amendments the bill was then ordered to a third reading by its title, to wit; [p. 22]
Ordinance No. 3.
Sec. 1. Be it ordained by the Court Martial of the Nauvoo Legion in General. Court assembled, that the discipline, drill, rules, regulations, and uniform of the Army, so far as applicable, be and they hereby are adopted for the Legion; Provided, that each company may adopt its own uniform for the non commissioned officers and privates belonging to it, and that all questions of practibility be refered to a committee of five to be appointed by the Court Martial and that their decision shall be final: Provided, however, that an appeal may be had to the General Court Martial
Sec. 2. The Legion shall parade in the following manner in each year, to wit; Each company in the Legion shall hold a company parade on the Second Saturday; each Battalion, a Battalion parade on the third Saturday; and each Cohort, a Cohort parade on the fourth Saturday in April. A court of assessments of fines shall be held on the first Saturday, a court of appeals on the second Saturday, and a General Court Martial on the third Saturday in May; a company parade shall be held on the second Saturday; a Regimental parade on the third Saturday; a Legion parade on the fourth Saturday in September; and that the Band be required to parade upon each regimental and Cohort parades; a Court of assessment to be held on the first Saturday; a Court of appeals on the second Saturday, and a General Court Martial on the third Saturday in October; and Officer drill to be on the day preceeding the Cohort parade, and an Officer drill upon the day [p. 23] preceding the Legion parade, and any non commissioned officer, musician, or private, who shall neglect or refuse to appear on said days, shall be fined in the sum of one dollar for each Company or Battalion parade, and two dollars for each Cohort or Legion parade; and the commissioned officers neglecting or refusing to appear in their appropriate places on parade shall be fined in the following sums, to wit; the Lieutenant General, and the Major General, thirty dollars: Brevet Major Generals, and Brigadier Generals, twenty-five dollars; Colonels, fifteen dollars Lieutenant Colonels, and Majors, ten dollars; Captains, six dollars; Lieutenants, four dollars; and every commissioned officer, non-commissioned officer, musician or private, who shall neglect or refuse to uniform himself in full, after the lapse of eight months from the passage of this act, shall be fined in the same sums, in addition, for each days of parade— every commissioned officer, non-commissioned officer, or musician, who shall neglect or refuse to attend officer drills, shall be fined in half the sums aforesaid,— and any commissioned officer who shall neglect or refuse to attend their appropriate Courts Martial shall be fined in one half the sums aforesaid— and any commissioned officer neglecting, or refusing, to discharge any duty devolving upon him, shall in addition, be cashiered and disgraced, by [p. 24] a General Court Martial, detailed by the Major General by order of the Lieutenant General; Provided, always, that all members of the corporation; who are unable to attend parades or Court Martial, on account of sickness in their families, or any other reasonable excuse satisfactory to the Court Martial, shall, for the time being, be exempted from all such fines.— And further, it shall be the duty of the commanding officer of each parade day, to give at least two weeks previous publick notice of said parade.
Sec. 3 Each Regimental Court of Assessment of fines shall be composed of the Major as President, the Adjutant as secretary, and the Captains of companies as members; and the Court Court of Appeals shall be composed of the Colonel as president, the Adjutant as Secretary, and the Lieutenant Colonel and Major as members, and each Legion Court of Assessment of fines shall be composed of the ranking Brigadier General as President, the War Secretary as Secretary, and the Commanders of Cohorts, the drill officer, the Adjutant General and the Chief musician as members. The Court of Appeals shall be composed of of the Major General as president, the War Secretary, as secretary, and the Brigadier Generals as members.
Sec. 4. Every non commissioned officer and private who shall appear upon parade without the proper arms, and equipages, as adopted by their respective companies shall be fined in a sum of twenty-five cents, and every commissioned officer fifty cents.
Sec. 5. The presiding officer of each board shall cause the secretary to keep a record of the proceedings of the Court of Assessments in [p. 25] of fines in a book to be kept for that purpose, and make out therefrom a certified list of the names of the persons fined, with the fine or fines annexed to each name, which list it shall be the duty of the presiding officer to issue and furnish to the constable appointed to collect such fines, the following warrant to be endorsed at any time when it may be nescessary, which shall be his authority for collecting and paying over the same viz:
State of Illinois) SS.
To A. B. Constable of the County of Greeting:
In the name of the people of the State of , you are hereby required and commanded to collect from each person named in the foregoing list, the several sums of money set opposite their names and within ninety days after recieving this warrant, to pay over to the Paymaster of the Legion the amount so collected, & take his reciept for the same; and if any one or more of said persons shall neglect or refuse to pay the same, you are hereby forthwith commanded to levy on the personal goods and chattels of each delinquent, and mak[e] sale thereof according to the law regulating the collection of of <​debts of​> a similar amount by execution in this State
Given under my hand this ____ day of ____ A. D. 1842.—
A. B. ____ of the & president of the Court [p. 26]
And any constable collecting any fines under the provisions of this act, who shall neglect or refuse to pay over the amount so collected, as required in the foregoing warrant, after deducting twenty per cent, which shall be his fees for collection, It shall be the duty of the paymaster of the Legion to proceed against such constable or his securities, before any justice of the peace of said county: and the said constable and his securities shall only be exonorated from the payment of such fine the amount of such fines, by showing to the satisfaction of such Justice, that there was no property whereon to levy, of which such fine or fines could be made, or that the collection had been suspended by order of the presiding officer of the Court of Appeals, and if in the opinion of said presiding officer or another board of officers, any constable has neglected his duty, it shall be the duty of such presiding officer or Board to withdraw the warrant from such constable, and appoint annother or others, as the case may be require.
Sec. 6. The Paymaster of the Legion shall, within twenty days from the passage of this act, give a bond within sufficient security to the City Council of the City of , for a sum of two thousand dollars, for the due performance of the duties of Paymaster.
Sec. 7. There shall not be any monies drawn out of the Treasurey of the Nauvoo Legion, unless it be drawn upon the certificate of the Major General, approved by the Lieutenant General.
Sec 8. No private shall be permitted to leave the company to which he belongs, without the permission of his captain, unless, in case [p. 27] of promotion, by commission and no captain shall give such permission unless his company shall consist of more than sixty-four rank and file, and each member over that number may claim a discharge from his Captain, by producing evidince that he has attached himself to another company, and that recruiting orders shall not be issued unless by the Major General, with the approbation of the Lieutenant General who are hereby authorised so to do, in their discretion.
Sec. 9. The Major General may issue bills of credit to the amount of five hundred dollars, to be signed by the Lieutenant General, and the Major General, and countersigned by the War. Secretary, and redeemable out of such monies as may be in the hands of the Paymaster, or Treasurer of the Legion.
Sec. 9 10. That officers may be elected without being nominated by the Court Martial, and that all vacancies shall be filled by lawful elections, and not by granting brevets commissions.
Sec. 11. That all laws or parts of laws contrary to the provisions of this Ordinance contained or specified, be, and the same are hereby repealed.
Sec 12. This Ordinance to take effect and be in force from and after its passage.
The ordinance was then read a third time by its title and passed unanimously.
Adjourned at 2 o’ clock for half an hour.
The court assembled at half past two. [p. 28]
The <​oficers of the​> Court Martial then proceeded to the election of a Major General. and were candidates at about half past three o’clock P. M. the election closed.
had 55 votes and had 43 votes
was then declared duly elected
The Court then proceeded to buisness.
Resolved that , , , , and be the committee of five, to whom all questions of practibility are to be refered.
Resolved that the Quarter Master General of the Legion be, and is hereby ordered, to call in all the public arms belonging to Companies, which are in the hands of Officers, and that he give them to the Companies to which they belong
President of the Court Martial
Approved August 13th 1842
Joseph Smith Lieutenant General Nauvoo Legion. [p. 29]