Gen. ,

Auditor, &c.,

I have examined the claim of , Brigade Major of the for services under the 53 Sec. of the militia law, and have arrived at the conclusion that the Nauvoo Legion are not to be considered, as a part of the regular militia of this , and that the general law has no farther 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 its 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 & seems evidently designed to sustain the Municipal authorities of . If there are expences to be paid, the Municipality of which they form a very important element must meet them.