The Nauvoo Legion was a state-authorized militia of Nauvoo, Illinois, United States from February 4, 1841, until January 29, 1845. Its main function was the defense of Nauvoo and surrounding Latter Day Saint settlements, but it was also occasionally used as local law enforcement and paraded at ceremonies such as the laying of the cornerstone for the Nauvoo Temple. The Nauvoo Legion was unique among contemporary militias for its chain of command structure, its expanded functions of the court martial, and for operating at a city level.
The Legion's presence was a significant factor in tensions between Nauvoo and its neighbors. The militia received criticism for its loyalty to Joseph Smith, founder of the Latter Day Saint movement and mayor of Nauvoo. In 1843, Legion members controversially helped Smith avoid extradition into Missouri. In 1844, Joseph Smith ordered the Nauvoo Legion to destroy the Nauvoo Expositor newspaper. Smith was charged with inciting a riot and placed in Carthage Jail where he was killed by a mob.
In 1845 the Legion lost its official sanction as an arm of the Illinois militia, though activities continued under command of Brigham Young until the expulsion of the Latter-day Saints from the state. The final conflict in Illinois involving remaining Legion members occurred in September 1846.
Formation in Nauvoo In 1839, Joseph Smith relocated his followers from a hostile environment in Missouri to Commerce, Illinois, which he renamed Nauvoo. Aiming to win the Mormon voting bloc, Illinois Democrats and Whigs (including Abraham Lincoln) passed a bipartisan city-state charter for Nauvoo in 1840. On December 16, 1840 Governor Thomas Carlin approved the charter, which was certified by then Secretary of State Stephen A. Douglas. In February 1841 the law went into effect, granting Smith and the city of Nauvoo broad powers including the authority to create a militia. This military force was a militia similar to the Illinois State Militia, and it became known as the "Nauvoo Legion". The Legion was organized into two brigades (called cohorts) of artillery/infantry and one of cavalry.Prince, Stephen L. Hosea Stout: Lawman, Legislator, Mormon Defender. Utah State University Press. 2016 pp. 90–110 A few light cannons were also attached. The names "cohort" and "legion" were uncommon designators for militia, and were chosen to emulate ancient Roman units of the same name.
By April 1841, over 600 men had enrolled in the Legion. By the end of 1841 that number had grown to around 1,500. At its peak, the militia had, by conservative estimates, at least 2,500 troops, in comparison to the approximately 8,500 troops within the entire United States Army as of 1845.. On March 12, 1842 the growing city of Nauvoo was divided into four military districts (aligning with the four city wards), with four corresponding companies that would comprise the fourth regiment of the second brigade. On June 13, 1842, Charles C. Rich organized a fifth regiment of the second cohort.
The Legion was unique among American militia organizations for its disproportionate number of high-ranking officers to regular soldiers. At one point there were 13 major-generals and an even higher number of brigadier-generals. Other ranks commissioned for the Nauvoo Legion included Judge Advocate, Assistant Chaplain, and Herald and Armour-Bearer. Although the United States army and other contemporary militias held no office higher than a major-general, Joseph Smith held the rank of lieutenant-general, an honor that had not been bestowed on any American since George Washington.Park, Benjamin E. Kingdom of Nauvoo the Rise and Fall of a Religious Empire on the American Frontier. Liveright Publishing Corporation, 2021. p. 49 Historian Harold Schindler argues that the rank of Lieutenant General was granted to Smith by the State of Illinois in exchange for the Latter Day Saint vote in upcoming elections.Schindler, Benita N. Orrin Porter Rockwell: Man of God Son of Thunder (pp. 66, 133). University of Utah Press. 1993 Brigham Young remarked, "If the war [with Mexico] broke out, he would have become commander-in-chief of the United States armies."
Organizational chain of command
Nauvoo forming a city militia was uncommon, as typical militias of the time were formed within the county or state. The Nauvoo Legion was a regular unit of the Illinois state militia. The state, rather than the county militia, provided arms to the legion, and service in the legion exempted members from mandatory service in the state or county militia. Officers in the legion were elected by the legion itself, but officers received their commission from the governor of the state.
The state governor or the President of the United States had the power to call on the Nauvoo Legion for public defense of the state and country. Uncommon for the time, the power to call upon the Legion extended to the mayor of Nauvoo for municipal defense, creating a measure of independence from the county militia and state government. Joseph Smith himself was Nauvoo's second mayor, and the Nauvoo court martial also appointed him as highest-ranking officer of the Legion, a Lieutenant General. Gardner et al. argue that Joseph Smith's use of this power was one of the direct causes for the later suppression of the Legion.
Role of the court martial The Nauvoo Legion court martial differed in several ways from contemporary militias.Cheryl L. Bruno and John Dinger, "Come Up Hither to Zion: William Marks and the Mormon Concept of Gathering" Kofford Books, 2024 Typical American courts-martial are exclusively judicial entities, created to try military personnel in accordance with military law. The state legislature granted the Nauvoo Legion additional legislative and executive powers: 1) the Nauvoo Legion court martial was granted the power to make, ordain, establish, and execute laws and ordinances and 2) The Nauvoo Legion was placed at the disposal of the city mayor to enforce city laws.
On February 8, 1841, in accordance with the city charter, the Nauvoo City Council further expanded the executive power of the court martial to internally nominate officers for original commissions and promotions at a municipal level. This was also a departure from typical procedure in contemporary state militias. Officers were chosen by popular election, and then commissioned at the state level. At the same time, it granted the court martial the legislative duty to mirror the United States army "so far as applicable" in terms of discipline, drill, uniform, rules, and regulations.
Activities in Nauvoo
Laying of the cornerstone of the Nauvoo Temple
On April 6, 1841 the Nauvoo Legion paraded in a full military display as part of the temple's cornerstone ceremony. Nauvoo's fourteen companies and two volunteer Mormon cohorts marched from assigned points to the temple grounds, led by Brigadier Generals William Law and Don Carlos Smith. Their entrances were marked by artillery fire. At 9:30 am, Lieutenant General Joseph Smith reviewed the Legion, surrounded by guard, staff, and field officers. His entrance was marked by distant cannon fire. He appeared on horseback in full military suita black cap with a red plume, a black coat, a red sash, and white pants, edged down the sides with red stripes. Emma Smith rode sidesaddle next to him, followed by a number of women on horseback; during the ceremonies Emma presented Joseph with a silk American flag. They were joined on stage by Major General John C. Bennett.
The ceremonies included religious services, public singing, dedicatory prayers, speeches by Sidney Rigdon and Joseph Smith, after which temple architects lowered the southeast corner stone into place. A hollow space in the cornerstone was filled with items such as a Bible, a Book of Mormon, a hymn book and silver money that had been coined that year. The ceremonies concluded with music from the military band and choir.
Local newspaper owner Thomas C. Sharp attended the ceremonies as a visiting dignitary. This event, combined with John C. Bennett's appointment by Stephen Douglas to Master in Chancery in Hancock County, led Sharp to become a leading opponent of Joseph Smith. Sharp reflected a growing sentiment in Illinois that the combined military and religious Latter Day Saint community posed a threat to the democratic values of individual freedom and separation of church and state, writing, "Every thing they say or do seems to breathe the spirit of military tactics. Their prophet appears, on all great occasions in his splendid regimental dress.... Truly fighting must, be a part of the creed of these Saints!"
Junior Legion and Benjaminites Up to 600 boys from Nauvoo decided to form a military unit in imitation of their fathers, and would parade and drill whenever their fathers did so. Their mothers made uniforms for them; white pants, colorful blouse and a palm hat.Leonard, Glen M. (1995) "Picturing the Nauvoo Legion," BYU Studies Quarterly: Vol. 35 : Iss. 2, Article 8 Joseph Smith III as a boy carried a wooden sword and a banner that read, "Our fathers we respect; our mothers we'll protect." Other boys also had wooden guns. At one point, they decided to conduct a raid on Nauvoo, mustering outside of town and then rushing into the city. They used pots and pans to make noise as they marched in, causing the horses to panic. According to Joseph Smith III, Joseph Smith rode forward on his horse and the boys scattered.
Additionally, older men in Nauvoo organized into a group they called the "Benjaminite Company", at one point asking the privilege of assembling with the Legion, writing to the court martial, "we still feel the spirit of seventy-six burning in our bosom, and are willing to grasp the sling and hurl the stone like David of Old."
Usage as local law enforcement Prior to 1843 Nauvoo did not have a police force, and the Nauvoo Legion was used as local law enforcement. According to John Lee Allaman, "Prophet Joseph Smith and the Nauvoo City Council often used the legion as a primary agent for law and order."
On October 30, 1841, the city council ordered two companies of the Nauvoo Legion to destroy a local grog shop that was declared a public nuisance.
On December 15, 1841, the Nauvoo Times and Seasons reported the city watch was disbanded and reorganized as a Legion assignment.
From May to October 1842, Joseph Smith in his role as mayor established a night watch consisting of 8–16 members of the Nauvoo Legion. They maintained a shift from 6 pm–6 am and reported directly to the mayor.
On August 14, 1842, Smith ordered Major General Wilson Law to "preserve the peace of the city of Nauvoo" in any emergency situation.
Governor Ford forbade the Legion from acting as a police force on December 12, 1843, leading to an expansion of the official police force, and limiting further police activities by the Nauvoo Legion.
Removal of John C. Bennett as Major General
The Nauvoo Legion would sometimes perform theatrical military displays to garner local support. On May 7, 1842 the Nauvoo Legion mustered as part of a “Programme Militaire.” They performed a sham battle and Joseph Smith gave an address. Special guests, including Judge Stephen A. Douglas, attended and were invited to Smith's home for dinner. This event marked a breaking point in the strained relationship between Joseph Smith and John C. Bennett.