<May 1> was <also> organized and Captain Charles C. Rich was elected Colonel, — — — — Captain , Lieutenant Colonel, and Captain John Scott Major — — — — — — — — consisting of four companies— Also — — — — — — — — — — the second Regiment Second Cohort was organized and Captain was elected Colonel, — — — Captain Nelson Higgins Lieutenant Colonel and Aaron H. Golden Major, consisting of four Companies.
I attended the City Council, and moved that the sympathies of the Council be tendered to the relatives of James Robinson deceased, — — — — late assessor and Collector for the , which was carried. I also moved that a new burying ground be procured outside the <limits>, and purchased at the expence of the <Corporation> which was carried. and Alderman , and counsellors and <John T.> Barrett were appointed a Committee for the same, and <ten acres were> — — ordered to be <purchased>.
I spoke at length on the rights and privileges of the Owners of the Ferry, <shewing that the City Council has no right to take away Ferry privileges once granted, without damages being paid to the Proprietor; and also moved that An Ordinance be passed to protect Citizens killing dogs running at large, which were set upon Cattle or Hogs; or molest Individuals:> and <on> other subjects before the Council.
2 May 1841 • Sunday
<2> Sunday 2. The Teachers Quorum was organized in , Elisha Averett, President. James Hendricks, James W. Huntsman. Councillors.
4 May 1841 • Tuesday
<4> Tuesday 4.
“Head Quarters Nauvoo Legion— City of Ill: May 4th.— 1841— General orders— Pursuant to an Act of the Court Martial, the troops attached or belonging to the Legion will parade at the place of general rendevous, in the City of , for drill, review, and inspection, on Saturday the 3rd. day of July — — — — at half past nine o clock A.M. armed and equipped according to law— At 10 o’clock the line will be formed, and the general officers conducted to their posts, under a fire of artillery.
The commandants of the 1st. and 2nd. Companies, 2nd. Battallion 1st Regiment 2nd. Cohort, are directed to enroll every man residing within the bounds of their respective commands, and not attached to any other company of the Legion, between the ages of 18 and 45 years, and notify them of their attachment to the service, and their legal liabilities. As will be seen by the following legal opinion of of the Supreme Court of the State of , than whom no man stands more deservedly high in the public estimation, as an able and profound jurist, politician, and statesman; the officers and privates, belonging to the Legion, are exempt from all military duty not required by the legally constituted authorities thereof; they are therefore expressly inhibited from performing any military services not ordered by the general officers, or directed by the Court Martial—
“City of , Ill, May 3rd. — — — 1841. :— Dear Sir— In reply to your request, I have examined so much of the Nauvoo City Charter, and legislative acts, as relate to the “Nauvoo Legion”, and am clearly of opinion, that “any Citizen of who may attach himself to the Nauvoo Legion, has all the privileges which appertain to that independent Military body, and is exempt from all other military duty, as provided in the 25th. section of the City Charter; and cannot, therefore, be fined by any military or civil court, for neglecting or refusing to parade with any other military body, or under the command of any officers who are not attached to said Legion— The language of the laws upon this subject is so plain and specific as to admit of no doubt as to its true meaning and intent. I do not consider it necessary, therefore [p. 1199]