Minutes, Nauvoo Legion, 8 July 1843

  • Source Note

Document Transcript

July 8th 1843.
Committee met according to adjournment at the same place
Present and at 11 o clock A M. adjourned to the General Martial” Which report was accepted by the Court Martial.
The following bill was then presented and read by and passed unanimously to wit;
“Revized Laws of the Nauvoo Legion.
Sec. 1 Be it ordained by the Court Martial of the Nauvoo Legion, in General Court Assembled; That all free white male inhabitants, residents in the City of , who are or shall be of the age of eighteen and under the age of forty-five years, except as may be hereinafter excepted, shall severally and respectively be enrolled in the militia, of the Nauvoo Legion, by the captain or commanding officer of the company within whose bounds such citizen shall reside, within twenty days after he shall be shall be informed of such residence; and also, those who may, from time to time, arrive at the age of eighteen, who shall reside in the bounds of his company; and shall without delay notify such person by an officer or non-commissioned officer of the company: Provided that it shall be the privilege of any such [p. 39] person, within the aforesaid twenty day to volunteer into any of the independent companies in the Legion.
Sec. 2. That the Staff, of the Lieutenant General, shall consist of an inspector general, a Chief Chaplain, four aids de Camp, a drill officer, and Secretaries not exceeding two, each to have the rank of Colonel of Cavalry; and a guard of twelve aids de camp with the rank of Captain. The drill officer likewise to be the chief officer of the guard.
Sec. 3. That the staff, of the Major General, shall consist of an adjutant general, to act as Division inspector, a quarter master general, a Surgeon general, a commissary general, a paymaster General, a chaplain, a judge advocate, a cornet, and two aids de camp, each with the rank of Colonel of infantry; a quarter master Sergeant, a Sergeant major, and a chief musician each with the rank of major.
Sec. 4. That the staff, of the Brigadier General, shall consist of one Cohort or Brigade inspector to act as Brigade Major, one quarter master, and one aid de camp. The aid de camp, to perform the duties of Cohort or Brigade judge advocate; one surgeon, one Chaplain, and one cornet each with the rank of Major.
Sec. 5. That to each regiment there shall be one colonel, one lieutenant Colonel, and one Major with a regimental staff, to be appointed by the Colonel, to consist of one adjutant, who shall act as regimental judge advocate, one quarter master, and one pay master, each to rank as captain; one surgeon, one sergeant major one quarter master sergeant, one [p. 40] drum and one fife major, and one color bearer.
Sec. 6. That to each company there shall be one Captain, three lieutenants, five sergeants, one pioneer, four corporals, one drummer and one fifer. The sergeants, pioneer and corporals, to be appointed by the captains respectively, and to hold their appointments by certificate.
Sec. 7. That each Cohort or Brigade, Regiment, Battalion, and company, of the same grade, when in the field, shall take rank agreeably to the number of the same, the lowest number— ranking.
Sec. 8. That each Cohort or Brigade shall consist of not less than two regiments, each regiment of two battalions or squadrons, as the case may be, each battalion or squadron of not less than two or more than four companies; each company shall consist of not less than thirty-two or more than sixty four rank and file; and no private shall be permitted to leave the company to which he belongs, without the permission of his captain, unless in case of promotion, 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 evidence that he has attached himself to another company.
Sec. 9. That every officer commissioned by virtue of this act shall within thirty day after receiving his commission and previous to enrolling entering upon the duties of his office, take an oath to support the constitution of the and of this , also an oath of office; an endorsment or certificate of which shall be endorsed on the back of his commission by the person administering the same, and if any person receiving such commission, who was [p. 41] elected, by his own consent, shall fail to take the oath as aforesaid, within the time herein provided and give notice thereof within twenty days thereafter to the proper officer whose duty it shall be to direct such vacancies <​vacancy​> to be filled; he shall be fined in the sum of ten dollars by sentence of the appropriate court martial and forfeit his office; which shall be filled as in other cases. Provided that any officer declared duly elected, may receive a certificate of any superior officer, which shall entitle him to command, untill his commission can be procured, and in all cases the officer giving such certificate, shall administer to such officer the necessary oaths of office: Provided, also that when it shall be necessary to administer oaths to carry into effect any of the provisions of this act, any judge, justice of the peace or officer of the Legion, duly commissioned and sworn, shall be authorized to administer such oaths.
Sec. 10. That for good cause shown, the Commander in Chief, of the Legion, may recieve the resignation of a Major General, a Major General may accept the resignations of a Brigadier General under his command; a Brigadier General may accept the resignations of a Colonel under his command; and Colonels may accept the resignations of commissioned officers under their respective commands, and in all cases when a resignation is accepted, the cause of such resignation shall be given, in writing by the officer so resigning which shall be endorsed on the back of the commission, or if the commission be [p. 42] not surrendered the letter of resignation shall be preserved by the officer recieving it, and it shall be the duty of all officers authorised to accept resignations as aforesaid, to order elections to fill such vacancies within twenty days as may occur by resignation or otherwise giving at least all times sufficient notice of such election and except in case of emergency, the order for an election of a Major or Brigadier General shall be given, at least twenty days previous; stating the time and place of holding such election; for the election of any field or company officer, the order for the same shall be given at least ten days previous stating the time and place of holding such elections. It shall be the duty of all officers ordering elections as aforesaid, to attend the same place of holding such elections and organize the board.
Sec 11. That all returns of elections so held shall be made to the officer ordering the same, who shall make returns thereof, within thirty days there after, to the Adjutant General of the Legion, the names of all officers who may have thus been duly elected.
Sec. 12. That it may be lawful for any field or company officer to be elected, without previous notice, when ever the Regiment, Battalion, or Company, as the case may be, have been called out to do military duty according to law. Provided returns be made as aforesaid
Sec 13. That it shall be the duty of all officers authorized to appoint staff officers, by virtue of this act, to accept their resignations as above, and fill all vacancies in their own staff by appointment and make returns thereof to the proper officer as in case of election [p. 43]
Sec. 14. That the manner of voting shall be by the elector addressing the judges of election in his own proper person, and with an audible voice, to be heard by the judges and clerk, name the person he votes for, and the clerk shall enter the name of the person voting, and his vote accordingly in a poll book to be provided for that purpose; which poll book shall be, as near as may be, in the following form, to wit:
A poll book of an election held at [blank], in the County of , in the [blank], of the Nauvoo Legion of militia, on the [blank] day of [blank] 18[blank]
Names of voters Candidates for &c.
A. B. C. D. E. F. G. H.
I. J. 1
K. L. 1
M. N. &c. 1
When all the votes shall be given they shall be examined and counted, the judges shall cause the clerk to make out a return thereof, as near as may be, in the following form, to wit:
At an election held at [blank] in the County of , in the [blank], of the Nauvoo Legion of the militia, on the [blank] day of [blank] 18[blank], the following named persons persons received the number of votes annexed to their names, for the following described offices, to wit:
O. P. had [blank] votes for &c.
Q. R. had [blank] votes for &c. (and in like manner all other offices.) [p. 44]
Certified by us,
S. T.) Judges of Election.
U. V.)
W X.)
Attest
Y. Z., Clerk
Which returns, when so made out and certified, shall be transmitted by the judges to the officer ordering the election, also a poll book as aforesaid shall be kept by the officer whose duty it shall hereafter be made to act as clerk of election, and in case of a contested election, it shall be the duty of the clerk, to transmit the same to the presiding officer of the court of inquiry in which such contest shall be tried; and the person having the greatest number of votes shall be declared duly elected.
Sec 15 That all contested elections, shall be tried by a board of officers, to be appointed for that purpose by the officer ordering the same. Provided that in all cases the numbers <​members​> composing such board of officers as aforesaid shall be, as near as may be, the rank of the officer whose election shall be contested; and shall consist of not less than three nor more than seven members.
Sec 16. That the officer, appointing the board of officers as aforesaid, shall notify each member thereof in writing, of the time when, and place where, such board is to be held; and if any officer when so appointed and notified, as aforesaid, shall neglect or refuse to attend at the time and place of holding such board, he shall be liable to be fined as in other cases for neglect of duty, and the decision of all such boards of officers, which may at any time be instituted, as aforesaid, shall be final and conclusive.
Sec. 17. That when any election shall be contested, as aforesaid, it shall not be lawful for the officer, whose duty it may by to certify the same, to make return [p. 45] thereof untill a decision shall be had thereon, as aforesaid, after which the presiding officer of the board shall certify to the officer, who may have appointed the same, which of the contending parties is entitled to the office; and such sucsesful party shall then be commissioned as in other cases. Provided, That no exceptions shall be allowed to be taken to the election of any officer, unless the same be done within ten days after such election shall have been held.
Sec. 18. That the presiding officer of any board, which may, at any time, be appointed, to pass upon a contested election, as aforesaid, shall have power, at the request of either party, to send for and examine witnesses; and and if any witness, when properly summoned, shall refuse or neglect to attend any such board, as aforesaid, without a reasonable excuse, it shall be the duty of the presiding officer, as aforesaid, to turn such witness over as a delinquent, to the next regular court of inquiry, having proper jurisdiction who shall thereupon proceed to acquit, or to assess the fine of such witness, as circumstances shall require, in like manner as is prescribed against delinquents, for failing to attend general muster, when legally required so to do.
Sec. 19. That all oaths of office, to be taken by the officers of this Legion, shall be, as near as may be, in the following form, to wit: “I do solemnly swear (or affirm,) that I will support the constitution of the and of this , and that I will not be [p. 46] engaged in dueling, either directly or indirectly during my continuance in office; and that I will faithfully discharge the duties of [blank], in the [blank] of the Nauvoo Legion of militia, to the best of my skill and understanding,— So help me God” which said oath shall be certified on the back of the commission or certificate, (as the case may be,) by the officer administering the same.
Sec. 20. That the Legion shall parade in the following manner, to wit: each company in the Legion shall hold a company parade on the first Saturday, each Battalion a Battalion parade on the second Saturday, and each Regiment a Regimental parade on the third Saturday of May, annually, at such places as the commandants of the said companies, Battalions, & Regiments respectively may direct, by giving at least ten days public notice, by advertiseing— the same in three publick places. Provided the parades as aforesaid be in the bounds of said company, Battalion, or Regiment, and Provided also that the Brigadiers General of each Cohort or Brigade may have the <​power​> to change the day of the Regimental parades to suit his own convenience, as a reviewing officer, and Provided also, that the time of such parade shall be not less than one week before the court of assessments, and the court of assessment of fines shall be held on the first Saturday in June.
Sec. 21. That there shall also be a company parade on the first Saturday, a Cohort or Bragade parade on the second Saturday in, and a Legion parade on the third Saturday in September annually, and the officer drills for said Cohort and Legion parades shall be on the days previously thereto respectively, [p. 47]and all officers in the City of or within ten miles thereof shall be required to attend said drills, except such officers as reside beyond said limits, who shall be exempt from duty on the day of the Cohort officer drill, except commandants of companies and field officers. Provided, also that Chaplains shall be exempt from duty on the days of the officer drills, as aforesaid.
Sec. 22. That companies, Battalions, and Regiments shall be formed for parade at 10 o clock A. M. at which hour the roll shall be called and shall be required to perform not less than four nor more than six hours duty each day, as aforesaid, Provided, however that on days of Cohort and Legion parades the commandants thereof may have power to order the time and place of holding the parades, as aforesaid, as they may deem proper
Sec. 23. That there shall be a Legion or Division court of inquiry and assessment of fines, to be composed of the Major General as president, the Brigadier General, the Drill officer, and the Chief Musician as members; and the Adjutant General as Secretary. It shall be the duty of said court to assess fines on all the delinquent officers, non-commissioned officers and musicians belonging to the Band, on all officers drill parades and also all delinquent General officers or any of their Staff, or any member of the Band, on all Cohort or Legion parades, in conformity to the provisions of this act. [p. 48]
Sec. 24. That there shall be a Regimental court of inquiry and assessment of fines, in each regiment, to be composed of the Colonels as president, the Lieutenant Colonel, Major, and Captains as members; and the Adjutant as secretary. It shall be the duty of said court to assess fines on all delinquent officers, non-commissioned officers musicians and privates belonging to such Regiment in conformity to the provisions of this act.
Sec. 25. That it shall like wise be the duty of each court of assessment, to fine any of member of said court who does not attend the same according to the provisions of this act.
Sec. 26. That each court of assessment shall meet at 10 o’ clock A. M. and continue in session from day to day, untill all the buisness shall be finished; at such places as the Presidents respectively may appoint on the Regimental and Legion parades, and it shall be the duty of all delinquents so returned, to appear without further notice at said court, to make a lawful excuse if any they have; and should any person feel themselves agrieved, by the decision of said court, they may appeal to the president of the Board for a new hearing, who, on receiving satisfactory evidence that it is just, grant the same, by giving an order to the collector to suspend the collection of such fines, and if the person so applying for a new hearing shall fail to attend at the next court of assessment, or shall not be able to show cause why he should not be fined, it shall be the duty of said court to issue their warrant anew for the amount, with an addition of twenty per-cent.
Sec 27 That the presiding officer of each board shall cause the secretary of the same to keep a record [p. 49] of the proceedings of the court, in a book kept for that purpose and make out therefrom a certified list of the names of the persons fined with the fine or fine<​s​> or fines annexed to each name, upon which list it shall be the duty of the presiding officer to issue and furnish to the collector, the following warrant within thirty days from the court of assessment, which shall be his authority for collecting and paying over the same, to wit;
State of Illinois) SS.
)
To A. B. Collector for the Nauvoo Legion 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 receiving this warrant, to pay over to the Paymaster of the Legion, (or Regiment as the case may be,) the amount so collected, and take his receipt for the same, and if any one or more of said persons shall neglect or refuse to pay the same, you are hereby further commanded to levy on the personal goods and chattels of each delinquent and make sale thereof according to the law regulating the collection of debts of similar amount by execution in this .
Given under my hand, this [blank] day of [blank] 18[blank]
C. D. Major Genl (or Col as the case may be) and President of the court. [p. 50]
And the Collector, or any person authorized to collect fines, under the provisions of this act, who shall neglect or refuse to pay over the amount so collected, as required by the foregoing warrant, after deducting twenty per cent. which shall be his fees for collecting <​collection​>.
It shall be the duty of the paymaster to whom the returns were to be made, to proceed against such collector, as aforesaid or his securities, before any justice of the peace of said county or any court having proper jurisdiction; and the said collector and his securities shall only be exhonorated from the payment of the amount of such fines by showing to the satisfaction of said <​such​> justice or court, as aforesaid, <​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 President of the Court issueing the same, in conformity to the provisions of this act; and if any one, authorised to collect fines under the provisions of this act, shall neglect or refuse to do his duty he shall be fined in any sum not exceeding one hundred dollars, at the descretion of a cou court-martial detailed by the person issueing the warrant or may be cashiered by a court martial detailed by the Major General
Sec. 28 That the following forfeitures and penalties shall be incured for delinquiences, on Cohort and Legion parades days, to wit; the Lieutenant and Major General, thirty dollars, Brevet Major Generals and Brigadier Generals twenty five dollars, Brevet Brigadier Generals and Colonels, or any officer holding the rank thereof, fifteen dollars, Lieutenant Colonels and Majors, or any officer holding the rank thereof ten dollars, Captains, or any officer holding the rank thereof six dollars, Lieutenants, or any officer holding the rank thereof four dollars, non-commissioned officers, musicians, and [p. 51] privates two dollars, and for delinquencies at officer drills or any Regimental, Battalion or company parade, or any other muster fixed or ordered agreeably to this act, or for neglect of any orders of a superior officer, they shall be fined in proportion to rank as recited in the foregoing part of this section, in one half the sums aforesaid.
Sec. 29. That fathers shall be bound for the payment of fines incured by their sons under twenty-one years of age, guardians for the payment of fines incured by their wards; and masters for the payment of fines incured by their apprentices; to be charged and collected accordingly.
Sec. 30. That on complaint of a commissioned officer in writting to a superior officer, charging any officer, under the command of such superior, with neglect of any of the duties enjoined on them by this act, of disobedience of orders or of being guilty of any conduct unbecoming an officer or a gentleman, such superior officer shall, if he thinks the complaint sufficient cause for an arrest, cause the officer against whom such complaint <​is​> made, to be arrested by notifying such officer in writing that he is suspended from command untill acquitted from such arrest; stating at the same time, the grounds of such arrest, and the time and place of trial; and the same time notify the officer next in command, that in consequence of such arrest, he is required to do the duties which were enjoined on the officer so arrested; Provided, That when any superior officer shall consider the charges [p. 52] made against any officer of insufficient consequence to cause his arrest, he shall, on application of the officer prefering the charges, give him his reasons in writing for his refusal to cause the arrest, which reasons the complaining officer may send, together with the charges, to the next common superior, who may, if he thinks it correct, order the arrest and trial of such officer.
Sec 31. That in all cases where an officer is arrested, the officer who orders the arrest shall issue any summons (subpoenas) that may be applied for by either of the parties, or which he may think necessary to compel the attendance of witnesses: and the party so applying, or any person whom the officer granting the summons (subpoenas) may appoint, may serve the same, and endorse the time of service theron, which which shall shall be at least three days previous to the sitting of the court martial, except in cases of emergency, and shall make a return thereof to the president of said court, the first day thereof, who shall, if necessary administer an oath or affirmation to the person returning the summons (subpoenas) relative to the service thereof: any person who neglects or refuses to attend a court martial, after being summoned, (subpoenad) shall be fined in a sum not exceeding fifty dollars, which fine shall be collected and applied as other fines under the provisions of this act; and any court martial appointed under the provisions of this act, shall have power to issue compulsory process to compel the attendance of witnesses, who neglect or refuse to attend, after being duly summoned.
Sec 32. That a Major General shall be tried by courts martial appointed by the Lieutenant General, where a Major General shall preside, Brigadier Generals shall be tried by courts martial appointed by the Major General, where a Brigadier General shall preside, Colonels, Lieutenant Colone[l]s, Majors and Captains shall be tried by courts [p. 53] martial appointed by the Brigadier General where a Colonel shall preside, and subalterns shall be tried by courts martial appointed by a Colonel, where a Lieutenant Colonel or Major shall preside: each court martial shall consist of not less than five nor more than thirteen members, and to be of rank, as near as can conveniently be had, of the officer tried; all courts martial so ordered, shall have power to punish any officer for neglect of duty, disobedience of orders, contempt, or any conduct unbecoming an officer or a gentleman, by suspension, fining, cashiering and disqualification to hold any office in the Nauvoo Legion, and in all cases where fines may be assessed against any person by the sentence of such court martial, they shall be collected by warrant from the president as in cases of delinquents, by the provisions of this act.
Sec. 33 That when any court martial is met agreeably to the provisions of this act, the president shall administer the following oath or affirmation to the judge advocate: “You do solemnly swear (or affirm) that you will not disclose or discover the vote of any particular member of this court martial, unless required to give evidence thereof as a witness by a court of justice, nor divulge the sentence of the court to any but the proper authority, untill it shall be disclosed by the same,” and the judge advocate, or person acting as such shall administer the following oath to each member of such court martial “You do swear (or affirm) that you will truly determine, [p. 54] according to evidence, the matter now before you, between the , the state of , or the Nauvoo Legion, (as the case may be) and A. B. (the person to be tried) and that you will truly administer justice, according to law, without partiality, favor or affection, according to your conscience and the best of your understanding, and and the customs of war in like cases, and that you will not divulge the sentence of the court, untill it shall be published by the proper authority; neither will you discover the vote or opinion of any member of the court unless required to give evidence thereof in a court of justice.” The judge advocate shall prosecute in the name of the , the State of , or the Nauvoo Legion (as the case may be) but shall so far consider himself council for the person accused as to object to any leading questions being put to them or any witness which might tend to criminate himself; he shall also see that right and justice shall be done to the accused. All persons giving evidence before a court martial are to be examined on oath, in the following manner, “You do swear (or affirm) that the evidence that you give shall be the truth the and nothing but the truth.” The court shall have power to punish its members, or any person attending the same, for disorderly conduct, as in other cases; and in giving their votes on any subject, to begin with the lowest in rank: Provided, That the party tried by such court martial shall be entitled to a copy of the Sentence and the proceedings of the court in his case, after the decision and sentence, upon demand thereof whether such sentence be approved or not: Provided, also, That all sentences of any such court martial shall be submitted to the officer ordering the same, who shall have power to approve or disapprove of the sentence of any such court; also [p. 55] to pardon or mitigate the sentence.
Sec. 34. That the Adjutant General or Division Inspector be allowed the sum of five dollars for each regiment he shall actually inspect, by order of the Major General of the Legion, on the certificate of the Major General: the Cohort or Brigade Major the sum of ten dollars, annually, for each Battalion in the Cohort or Brigade to which he belongs, on the certificate of the Brigadier General, to be paid out of the State treasurey.
Sec. 35. That the Band shall consist of not more than thirty, and shall be allowed <​required​> to parade on each Cohort and Legion parades and each officer drill; and shall be allowed twenty dollars for each Cohort and Legion parade
Sec 36 That all companies shall be required to uniform themselves within one year from the passage of this act and after that time all companies, of the same grade shall take rank according to the times of their being uniformed and not otherwise.
Sec. 37. That it shall be the duty of every officer belonging to the Legion, who may have occasion to leave the bounds of the Legion for more than one month, at any time to notify the officer next in command, in writing on the subject, ordering him that in consequence of his absence, he is required to do the duties which were enjoined on himself untill he shall return; also the post of any staff officer, merely acting by appointment and not commissioned, be considered vacated in consequence of neglect of duty and another may be appointed to fill his post.
Sec. 38 That each Regimental or Battalion Adjutant [p. 56] shall receive, annually, from the treasurey of the Legion, two dollars for each company in their respective Regiments or Battalion, on condition of the faithful performance of their duty, on the certificate of their Colonel, or Major and that the record Books of the Adjutants shall be open to the inspection of their respective field and general officers
Sec. 39. That the Adjutant General or Division Inspector shall be allowed thirty dollars and the Chief Musician ten dollars, annually, in consideration of the faithful performance of their respective duties, on the certificate of the Major General.
Sec. 40. That the officers, composing the courts of inquiry and assessment of fines, shall be allowed for their services, one dollar each per day to be certified by the presiding officer of the board.
Sec. 41. That all disbursments made pursuant to this act shall be paid out of any money in the treasurey not otherwise appropriated.
Sec. 42. That the Major General may issue bills of credit to the amount of five hundred dollars, to be signed by himself or the Lieutenant General or both at their discretion, and countersigned by the Paymaster General of the Legion, and redeemable out of any money in the treasurey not other wise appropriated.
Sec. 43. That the collector of fines be required to give bonds to the pay master General of the Legion, to the amount of five hundred dollars, with approved security within ten days from the passage of this act.
Sec. 44. That there shall be a General Court Martial, of the Nauvoo Legion, held on the third Saturday in October, annually, to continue in session, by adjournments, untill all buisness before it shall be finished, at such time and place as the Lieutenant and Major Generals may appoint.
Sec. 45. That the Lieutenant and Major Generals may have power to call a special session of the General Court Martial of the Nauvoo Legion, and also, to order out the Legion at any time when they may deem [p. 57] proper; and for non-attendance on such orders, delinquents shall be fined as in other cases of General parade.
Sec. 46 That it shall be the duty of the commanding <​commandants​> of the several parades, as above provided, to give, at least ten days notice thereof by advertizement in three public places, except in cases of a special call.
Sec. 47. That it shall be the duty of the Lieutenant General, to review the Legion at least once every year.
Sec. 48 That it shall be the duty of the Major General to take command on all Legion parades and all Legion officer drills, also to act as reviewing officer at Cohort Parades at least once each year, to cause the Adjutant General or Division Inspector to record all general orders, also all reports and rank rolls received annually from the several Cohorts or Brigades, and when required by the Commander in Chief of the , to make out Legion or Division returns and rank rolls to be forwarded to the Adjutant General of the , also, to preside in all General Courts Martial of the Legion, also to issue enlisting orders for raising new companies at his discretion; to cause the Adjutant General of the Legion to apply for, and recieve commissions, at least every six months; and to do and perform all other duties that in any wise appertain to the office of major General.
Sec 49. That it shall be the duty of the Brigadier Generals, to review the several Regiments and odd Battalions composing their respective Cohorts or Brigades, annually, at the Regimental musters, and to cause their respective Brigade Majors to record all reports recieved, annually from the several Regiments and odd Battalions [p. 58] composing their command, and to make out a consolodated Cohort or Brigade return therefrom and forward one to the Major General of the Legion or Division, and one to the Adjutant General of the on or before the first day of December, annually, and to do and perform all other duties which may be necessary to the perfection of dicipline, or which may in any wise appertain to the office of Brigadier General.
Sec 50 That it shall be the duty of the Colonels commanding Regiments and Majors commanding odd Battalions, to mak[e] from the several officers commanding Battalions or companies, a complete return of their respective commands on the day of the Regimental parades, annually, to cause their adjutants to record all returns so recieved, also all orders recieved or issued by themselves, and to make out a Regimental return and rank roll and forward it to the Brigadier General of their respective Cohorts or Brigades by the first day of October, annually, also to be responsible for the good order of their respective Regiments or odd Battalions, and cause to be executed the laws and orders applicable to their commands, and to do and perform all other duties belonging to their respective offices.
Sec. 51. That it shall be the duty of Lieutenant Colonels and Majors commanding Battalions, to assume the command at all musters of their respective Battalions, to require of the officers commanding companies, annual returns on the day of the Battalion parade, and on the day of the Regimenatl musters, deliver said returns to their respective Colonels, and do and perform all other duties which may in any wise appertain to their office.
Sec. 52 That it shall be the duty of Captains or Commandants of companies to take command of their respective companies at all Company Battalion, Regimental, Cohort or Brigade, Legion or Division parades at the hour specified by the [p. 59] provisions of this act; and to cause the roll of their respective companies to be called under their immediate inspection; noting all delinquents at any such muster upon the company roll or report of delinquents, made out by them for that purpose, which roll or list shall be returned by them to the appropriate court of assessment of fines, and to do and perform all other duties apperta[in]ing to the office of captain.
Sec. 53 That in all cases of the death, removal, absence, or resignation of any superior officer, it shall be the duty of the next officer in rank attached to the same corps to assume the command and perform all the duties, that would have devolved on any such commanding officer were he present, and to exercise the same untill such superior shall return, or the vacancy be filled agrably [agreeably] to the provisions of this act, in like manner if it should happen at any time that there is no commanding <​commissioned​> officer belon[g]ing to any Company, it shall be the duty of the Senior non-commissioned officer of Such company to assume the command, under the same penalties that any Superior officer of a Company would be were he present for any neglect of duty.
Sec 54. That it shall be the duty of the Inspector General of the Legion, to inspect the Legion when called upon by the Lieutenant General and do and performs all other duties that in any wise appertain to the office of Inspector General
Sec. 55. That it shall be the duty of the drill officer to take command of the Lieutenant General’s guard at all times when they are called out, and note and return all delinquents, under his command according to the provisions of this act.
Sec 56. That it shall be the duty of the Adjutant General or [p. 60] Division Inspector to distribute all orders from the Major General of the Legion, or Adjutant General of the ; attend all reviews with the Major <​General​> to act as drill officer at all Legion or Division officer drills, under the Major General, to record all orders recieved or issued by the Major General, all returns returns and rank rolls recieved annually from the Cohorts or Brigades, also to make out Division returns when required by the Major General or any Superior officer, also to act as clerk at all elections ordered by the Major General; to form the Legion and call the roll of the Major General’s Staff under his inspection at all Legion parades, and to perform such other duties as may in any wise appertain to his office.
Sec 57. That it shall be the duty of the Quarter Master General of the Legion to apply for and recieve all arms that are or may become due to the Legion from the , to deposite all arms so recieved, or which may have heretofore been recieved and not otherwise disposed of in some safe place, also to employ means to preserve all such arms from damage as, in his opinion may from time to time become necessary, to furnish, when required so to do by his superior officer, a full exhibit of all arms in his possession, belonging to the , also to do and perform all other duties that may in any wise appertain to the office of Quarter Master General.
Sec. 58 That it shall be the duty of the Paymaster General of the Legion, with in twenty days from the passage of this act, to give bonds, with sufficient security, to the amount of five thousand dollars, to the General Court Martial of the Nauvoo Legion, for the due performances of his duty, it shall also be his duty to recieve all moneys belonging to the Legion according to the provisions of this act, which Shall only be paid out upon the certificate of the Major General approved by the Lieutenant General, or by an act [p. 61] of the general Court Martial, to attend all General Courts Martial, and lay before it an account of the finances of the Legion, stating particularly all monies recieved and paid out, with his several proceedings relative to the duties of his office, and all accounts so exhibited and settled by the Court Martial, shall be entered by the secretary on the record book of the Court Martial, and do and perform such other duties as may in any wise appertain to his office.
Sec. 59. That it shall be the duty of the Chief Musician to cause the roll to be called, of the band under his inspection on each day which they may <​are​> required to parade and make returns of all delinquents to the Legion Court of assessments and do and perform all duties that in any wise appertain to his office.
Sec. 60 That it shall be the duty of the Brigade Major to attend all Regimental musters composing their respective Cohorts or Brigades, to inspect the army and equipments of all officers and privates at every such muster, also to record all orders recieved or issued by the Brigadier General, also all returns and rank rolls recieved, annually, from the several Regiments composing their respective Cohorts or Brigades in a General order book kept for that purpose, to consolidate the annual returns and rank rolls recieved form the several officers commanding Regiments in their Cohorts or Brigades, into a Brigade return, agreeably to the requirements of the law, and on or before the first day of December, annually, transmit one copy to the Major General of the Legion and one to the Adjutant General of the , also to attend all elections ordered by the Brigadier General as Clerk of the same, also to form their respective [p. 62] Cohorts or Brigades and call the roll of the Brigadier General’s staff under his inspection, at all Cohort and Legion parades, also to act as drill officer at all Cohort or Brigade officer drills under the Brigadier General, to distribute all general orders, and to do and perform all duties as may in any wise be necessary for the <​perfection of​> dicipline also <​and​> all other duties that appertain to his office.
Sec. 61. That it shall be the duty of the Quarter Master of each Cohort to apply for and recieve all arms from the Quarter Master General of the Legion, that are or may become due to their respective Cohorts or Brigades, from <​the​> Quarter Master General of the Legion, and to give bonds for the same to the Quarter Master General of the Legion, and to do and perform all other duties that in any wise appertain to his office.
Sec. 62. That in <​it​> <​the duty​> addition to the Adjutants shall be the duty of the Adjutants of Regiments to deliver all <​Regimental​> orders, also to record all orders recieved or issued by their respective commanding officers, also all annual returns recieved by them and the date of each officers commission belonging to their Regiments, noting all resignations, removals, or deaths of any officer in an order book kept for that purpose, also to make out, under the dir[e]ction of the commanding officer, Regimental returns and rank rolls, also to attend all elections, ordered by their respective commanders, as clerk of the same, to form the Regiment at all Regimental, Cohort and Legion parades and immediately thereafter inform the commanding officer that the parade is ready, also to call the roll of all the field and staff officers at all such parades under the inspection of the commanding officer and note all delinquents, and to do and perform such other duties as may be required of them by their superior officers. [p. 63]
Sec. 63. That is shall be the duty of the Quarter Master of each Regiment to apply for, and recieve all arms from the Quarter Master of their respective Cohorts or Brigades, that are or may become due their respective Companies; and to give bonds for the same, to the Quarter <​Master​> of their respective Cohorts of Brigades and to do and perform all other duties that in any wise apprtain to his office.
Sec. 64. That it shall be the duty of the Paymaster of each Regiment before entering upon the duties of his office to give bonds to the Paymaster General of the Legion, to the amount two hundred dollars, with approved security, for the the performance of his duty, also to recieve all monies, collected in their respective Regiments, from the person authorized to collect fines, and give his receipt for the same, and pay over the same to the Paymaster General of the Legion, together with a list of <​the​> fines not collected within ten days after the reciept thereof and take his reciept for the same, and do and perform all such other duties as may <​in any​> wise appertain to his office.
Sec. 65. That is shall be the duty of the Sergeant Major to assist the Adjutant in forming the Regiment, at all parades, also to assist him in delivering all orders to the Regiment, and do perform such other duties as he may be required by his superior officer, or that may belong to the station of Sergeant Major
Sec. 66. That all officers belonging to the general or Regimental staff, whose duties are not defined particularly by this act, shall attend all musters held by their respective commanding officers, obey all orders from them, or any Superior officer and do and perform such other duties as may [p. 64] in any wise appertain or belong to their respective stations.
Sec. 67 That all commissioned staff officers shall be tried agreeably to the provisions of this act, by a Court Martial detailed by their respective superior officers as in other cases.
Sec. 68. That there be three hundred copies of this law printed, under the directions of the Major General and deposited in the hands of the Paymaster General to be sold by the direction of the Major and Lieutenant Generals.
Sec. 69. That all laws and parts of laws heretofore passed, and not embraced in this act, are hereby repealed.
Sec. 70 This act to be in force from and after its passage”
Resolved That Major be and is hereby appointed to prepare the “Revized Laws of the Legion” for the press.
Resolved That the Resolution apointing Collector for the Legion passed May the 20th and also the Resolutions to build an Arsnal, and apointing Col Agent to Superintend the building the Arsnal, the one authorizing the Collector of fines to take property &c for fines, and also the one organizing the Fifth Regiment 2nd Cohort <​passed June 12th​> are not repealed by the passage of the “Revized Laws”
Resolved That the Committee of Revision be paid for their services out of the first money in the treasurey.
Resolved That the Committee of Revision be continued and that they be authorized to add to the “Revized laws” as they may deem proper untill the printing of the same
Resolved That this Court Martial adjourn untill the next regular law day by the provisions of the “Revized Law” the third Saturday in October (the 21st) next at ten o clock A. M.
President of the Court Martial.
Attest
Secretary of the Court.
July 13th 1843.
I do hereby approve of the above Laws.
Joseph Smith Lieutenant General
Nauvoo Legion. [p. 65]