1841.

MORMONS IN MISSISSIPPI VALLEY.

981

also clothed with power to issue writs of habeas corpus, iu all cases arising under the ordinances of the city.

"This charter also incorporated the militia of Nauvoo into a military legion, to be called the "Nauvoo Legion." It was made entirely independent of the military organization of the State, and not subject to the command of any officer of the State militia, except the governor himself, as commander-in-chief. It was to be furnished with its duo proportion of the State arms; and might enroll in its ranks any of the citizens of Hancock county, who preferred to join it, whether they lived in the city or elsewhere.

"The charter also established a court martial for the legion, to be composed of the commissioned officers, who were to make and execute all ordinances necessary for the benefit, government, and regulation of the legion; but in so doing, they were not bound to regard the laws of the State, though they could do nothing repugnant to the constitution; and finally, the legion was to be at the disposal of the mayor, in executing the laws and ordinances of the city. Another charter incorporated a great tavern, to be called the Nauvoo House, in which the prophet, Joe Smith, and his heirs, were to have a suite of rooms forever.

" Thus it was proposed to establish for the Mormons a government within a government; a legislature with power to pass ordinances at war with the lawTs of the State; courts to execute them, with but little dependence upon the constitutional judiciary; and a military force at their own command, to be governed by its own by-laws and ordinances, and subject to no State authority but that of the governor.

" It must be acknowledged that these charters were unheard-of, and anti-republicau in many particulars; and capable of infinite abuse by a people disposed to abuse them. The powers conferred     were expressed in language at once ambiguous and undefined; as if on purpose to allow of misconstruction. The great law of the separation of the powers of government was wholly disregarded. The mayor was at once the executive power, the judiciary, and part of the legislature. The common council, in passing ordinances, were restrained only by the constitution. One would have thought that these charters stood a poor chance of passing the legislature of a republican people, jealous of their liberties. Nevertheless, they did pass unanimously through both houses."

Under these extraordinary acts, Joe Smith, who had escaped from Missouri, proceeded as mayor, commander of the legion, tavern-keeper, prophet and priest, to play what pranks he pleased.