The "Appeal to the Green Mountain Boys" sent to press.
Severe frost, so that the ice is on the water in the house.
W. L. D. Ewing writes to Major John Bills--
_Letter: W. L. D. Ewing, State Auditor, Illinois, to Major John Bills--Legion Affairs._
The foregoing opinions constitute my reason for refusing to issue the warrants in your favor. I am not satisfied myself entirely of the correctness of the opinions of the Attorney-General. If you should be dissatisfied with the decision, I would advise you to raise the question before the Supreme Court, which will be in session on the 2nd Monday of December. I am the more anxious that this should be done because I wish to be satisfied whether I was correct or not in issuing warrants to you in the spring. Be pleased to advise me on the subject.
Enclosing the opinion of the Attorney-General, Josiah Lamborn, as follows:--
_Letter: J. Lamborn, Attorney General of Illinois--Legal Opinion of Above._
I have examined the claim of J. C. Bennett as brigade-inspector of the Nauvoo Legion, and it is my opinion that the claim should be disallowed.
{ 96} The Legislature, in giving authority for the organization of a body of "independent military men" at Nauvoo, intended, no doubt, that all expenses, &c., except "their proportion of public arms," should be defrayed by the city and its privileged Legion.
They occupy a novel position, disconnected from the military communities of the whole State, 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 favors, 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.
And copy of letter from J. N. McDougall to General W. L. D. Ewing:--
_Letter: J. N. McDougall to State Auditor._
_General W. L. D. Ewing, Auditor, &.c._--
I have examined the claim of John Bills, brigade-major of the Nauvoo Legion, for services under the 53rd section 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 State, and that the general law has no further 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 State, it is my opinion that the above claim ought not to be audited.