Opinion from Josiah Lamborn, 30 November 1843
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Opinion from Josiah Lamborn, 30 November 1843
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, Opinion, , Sangamon Co., IL, 30 Nov. 1843; Nauvoo Neighbor, Extra, 9 Dec. 1843, [1].
Page [1]
, Illinois,)
Nov. 30, 1843.)
I have examined the claim of , as Brigade Inspector of the , and it is my opinion that the claim should be disallowed.
The Legislature, in giving authority, for the organization of a body of ‘independent military men’ at , intended no doubt, that all expences &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 favours, and yet pay those who profit by this 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.
, Illinois,)
Nov 30, 1843.) [p. [1]]
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