Letters from Amasa Bonney and John C. Bennett, 16 May 1842
Source Note
, Letter, [, Hancock Co., IL], to JS, [, Hancock Co., IL], 16 May 1842, appended to , Letter, , Hancock Co., IL, to , [, Hancock Co., IL], 16 May 1842; handwriting of and ; signature of ; two pages; JS Collection (Supplement), CHL. Includes docket.
Single leaf measuring 9¾ × 7¾ inches (25 × 20 cm). The top, right, and bottom edges have the square cut of manufactured paper. The left edge is uneven, suggesting it was cut by hand. The leaf was folded in half and then in half again. The document was folded again for filing purposes.
The document was apparently retained by JS after its reception. James Ure, who served as a clerk in the Church Historian’s Office from 1852 to 1855, docketed the document. Sometime between 1973 and 1984 the document was added to the JS Collection (Supplement) at the Church Historical Department (now CHL). The document’s early docket and inclusion in the JS Collection supplement suggest continuous institutional custody.
See the full bibliographic entry for JS Collection (Supplement), 1833–1844, in the CHL catalog.
Historical Introduction
On 16 May 1842, transmitted to JS a letter from charging General of the with abusive actions during a general parade held in , Illinois, on 7 May. The incident occurred after Law ordered the second regiment of the first cohort to stage a sham battle. Bonney, who had been appointed adjutant for the regiment “at least for the day,” apparently did not hear Law’s orders to retreat during the battle, and Bonney’s troops came within forty or fifty feet of Law. Thinking that Bonney was deliberately disobeying him, Law rode toward Bonney and hit him across the back with the flat of his sword. Then, according to a later account of the incident, Law declared that if Bonney “disobeyed his orders again he would cut him down.” Bonney pressed charges against Law for striking and threatening him and asked for a court martial to be held, if appropriate.
As judge advocate of the Nauvoo Legion, wrote out ’s complaint. Though Taylor originally addressed the letter to JS, lieutenant general of the legion, he readdressed it to , major general of the legion, for unclear reasons and delivered it to him on 16 May. Later that day, Bennett transmitted the letter to JS with a note explaining that he was reluctant to act in the matter unless JS ordered him to do so. JS apparently gave the order that same day, since on 16 May Bennett ordered a court-martial to be held on 28 May. The court-martial returned a verdict on the matter on 28 May, but the minutes for the trial do not indicate the decision.
An adjutant was “an officer whose business is to assist the Major by receiving and communicating order[s].” Every regiment had an adjutant who would take “orders from the Brigade Major, to communicate to the Colonel, and to subalterns. He places guards, receives and distributes ammunition, assigns places of rendezvous, &c.” At times, individuals were appointed “adjutant of the day.” The duties of those individuals were “to assist the general staff officer of the day, in the various details of it, and, in his absence, to perform his duty as such, and attend for orders at head quarters.” (“Adjutant,” in American Dictionary [1828]; Cooper and Macomb, Concise System of Instructions, 244–245.)
An American Dictionary of the English Language: Intended to Exhibit, I. the Origin, Affinities and Primary Signification of English Words, as far as They Have Been Ascertained. . . . Edited by Noah Webster. New York: S. Converse, 1828.
Cooper, Samuel, and Alexander Macomb. A Concise System of Instructions and Regulations for the Militia and Volunteers of the United States, Comprehending the Exercises and Movements of the Infantry, Light Infantry, and Riflemen; Cavalry and Artillery: Together with the Manner of Doing Duty in Garrison and in Camp, and the Forms of Parades, Reviews, and Inspections, as Established by Authority for the Government of the Regular Army. Philadelphia: Robert P. Desilver, 1836.
Taylor was appointed judge advocate on 6 November 1841. According to the 1819 Illinois act that organized the state militia, the judge advocate was supposed to prosecute cases on behalf of the state but was also to “consider himself counsel for the person accused” and “see that right and justice shall be done to the prisoner.” (Nauvoo Legion, Hancock Co., Illinois State Militia Commission Records, 1834–1855, vol. 17, p. 43, Illinois State Archives, Springfield; An Act Organizing the Militia of this State [26 Mar. 1819], Laws . . . of the State of Illinois [1819], p. 295.)
Illinois State Militia Commission Records, 1834–1855. Illinois State Archives, Springfield.
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
On 16 May Bennett sent a letter to Chauncey L. Higbee, an aide-de-camp, instructing him “to summon a detailed General Court Martial” at Hyrum Smith’s office on 28 May to consider the charges against Law. (John C. Bennett, Nauvoo, IL, to Chauncey L. Higbee, 16 May 1842, Nauvoo Legion Records, CHL.)
Minutes of Court-Martial, 28 May 1842, Nauvoo Legion Records, CHL.
Nauvoo Legion Records, 1841–1845. CHL. MS 3430.
Page [1]
City of May 16, 1842
Gen. Joseph Smith <>,
May it please your honour, having been insulted & imposed upon by , at the general review on saturday last; I beg leave to inf[o]rm your honour of the circumstances of the case, & to seek redress for my injury, if in the estimation of your honour it should be deemed of sufficient importance to be brought before a Court Martial.
Whilst I was engaged in the performance of my duty, , struck me with his sword, & said that he had a good mind to cut me down on the spot & otherwise abused me. I therefore think proper to prefer the following charges against the .
1st. For striking me with his sword, while in the performance of my duty.
2d. For threatening to cut me down & using abusive language without provocation.
I am sorry to be necesseated to trouble your honour with a subject like this; but as I have been insulted as an officer of the , & as a gentleman; I thought the best way to obtain redress was to seek it through the medium appointed by law
I have the honour to subcribe myself Your Most Obedent Humble Servant
Law was elected “Brigadier General of the 1st Cohort” of the Nauvoo Legion on 4 February 1841. In accordance with a March 1842 ordinance that declared the Nauvoo Legion would “hold a general parade on the 1st Saturday of May and September,” the legion gathered on 7 May 1842 in Nauvoo. According to a report in the Times and Seasons, “many thousands of spectators were present; no accident occurred; but good will, order, peace, harmony, and hilarity was manifested; both by the companies, and the spectators.” (Minutes, 4 Feb. 1841; Nauvoo Legion Minute Book, 12 Mar. 1842, 12; Report, Times and Seasons, 16 May 1842, 3:790.)
In Bonney’s case, legion officers appear to have followed the proper procedures for addressing complaints made against officers of the militia, as outlined in several sections of the 1819 Illinois act that organized the state militia. (An Act Organizing the Militia of this State [26 Mar. 1819], Laws . . . of the State of Illinois [1819], pp. 294–296, secs. 48–54.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
Bonney had previously been a sergeant major in the regiment before being appointed adjutant “at least for the day” by Colonel Josiah Ells. (Minutes of Court-Martial, 28 May 1842, Nauvoo Legion Records, CHL.)