History, 1838–1856, volume E-1 [1 July 1843–30 April 1844]

  • Source Note
  • Historical Introduction
Page 1791
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30 November 1843 • Thursday
<​November 30​> At 10 a.m. rode out with Mr. Jackson.
At home most of the day.
The “Appeal to the Green Mountain Boys” sent to press.
Severe frost, so that ice is on the water in the houses.
writes to Major John Bills
“The foregoing opinions constitute my reason for refusing to issue the Warrants in your favor— I am not satisfied myself entirely, of the correctness of the opinions of the Attys. General. If you should be dissatisfied with the decision, I would advise you to raise the question before the Supreme court, which will be in Session on the 2nd. Monday of December. I am the more anxious that this should be done, because I wish to be satisfied whether I was correct or not in issuing warrants to you in the Spring. Be pleased to advise me on the subject—
Respectfully
Auditor.”
Enclosing the opinion of the Attorney General as follows;
Illinois Novr. 30th. 1843. I have examined the claim of , as Brigade Inspector of the Legion, and it is my opinion that the claim should be disallowed. [HC 6:95]
The Legislature, in giving authority, for the organization of a body of “independent Military men” at , intended no doubt, that all expenses &c except “their proportion of Public arms” should be defrayed by the and its privileged Legion.
They occupy a novel position, disconnected from the Military Communities, of the whole , and in no way subject to the regular Military officers, possessing an exemption, even, from subjection to the general Military laws, with a law-making power invested in their own Legion. It is not reasonable to suppose that the Legislature would confer so many exclusive favors, and yet pay those who profit by the condition of things, as much as is paid to regular Militia officers.
In the absence of any express provision by Law to authorize the payment of the claim, I can see nothing from which an authority of the kind could be derived, and therefore advise accordingly.
Atty General”
and copy of letter from J. N. McDongall to Gen.
Illinois Novr. 30th. 1843. Genl. Auditor &c. I have examined the claim of John Bills, Brigade Major of the Legion for services under the 53 Sec. of the Militia Law, and have arrived at the conclusion that the Legion are not to be considered, as a part of the regular Militia of this , and that the general law has no further application to them than is expressly provided for in the law authorizing their organization— The Law providing for the organization of the Legion, making no provision for the payment of the officers by the . It is my opinion that the above claim ought not to be audited.
The Legion was organized by the city Council, is subject to their control for the purpose of enforcing their ordinances— it is entirely independent of the general military law, may have a different organization, make laws for its own government and seems evidently designed to sustain the municipal authorities [p. 1791]
30 November 1843 • Thursday
November 30 At 10 a.m. rode out with Mr. Jackson.
At home most of the day.
The “Appeal to the Green Mountain Boys” sent to press.
Severe frost, so that ice is on the water in the houses.
writes to Major John Bills
“The foregoing opinions constitute my reason for refusing to issue the Warrants in your favor— I am not satisfied myself entirely, of the correctness of the opinions of the Attys. General. If you should be dissatisfied with the decision, I would advise you to raise the question before the Supreme court, which will be in Session on the 2nd. Monday of December. I am the more anxious that this should be done, because I wish to be satisfied whether I was correct or not in issuing warrants to you in the Spring. Be pleased to advise me on the subject—
Respectfully
Auditor.”
Enclosing the opinion of the Attorney General as follows;
Illinois Novr. 30th. 1843. I have examined the claim of , as Brigade Inspector of the Legion, and it is my opinion that the claim should be disallowed. [HC 6:95]
The Legislature, in giving authority, for the organization of a body of “independent Military men” at , intended no doubt, that all expenses &c except “their proportion of Public arms” should be defrayed by the and its privileged Legion.
They occupy a novel position, disconnected from the Military Communities, of the whole , and in no way subject to the regular Military officers, possessing an exemption, even, from subjection to the general Military laws, with a law-making power invested in their own Legion. It is not reasonable to suppose that the Legislature would confer so many exclusive favors, and yet pay those who profit by the condition of things, as much as is paid to regular Militia officers.
In the absence of any express provision by Law to authorize the payment of the claim, I can see nothing from which an authority of the kind could be derived, and therefore advise accordingly.
Atty General”
and copy of letter from J. N. McDongall to Gen.
Illinois Novr. 30th. 1843. Genl. Auditor &c. I have examined the claim of John Bills, Brigade Major of the Legion for services under the 53 Sec. of the Militia Law, and have arrived at the conclusion that the Legion are not to be considered, as a part of the regular Militia of this , and that the general law has no further application to them than is expressly provided for in the law authorizing their organization— The Law providing for the organization of the Legion, making no provision for the payment of the officers by the . It is my opinion that the above claim ought not to be audited.
The Legion was organized by the city Council, is subject to their control for the purpose of enforcing their ordinances— it is entirely independent of the general military law, may have a different organization, make laws for its own government and seems evidently designed to sustain the municipal authorities [p. 1791]
Page 1791