Tag Archives: Brigham Young

Law in the Utah Territory

Utah’s First Legislative Assembly

The first legislative assembly in Utah’s history was convened in Salt Lake City on September 22, 1851. Over the course of six months, 13 members of the Territorial Council and 26 members of the Territorial House of Representatives passed a series of acts and bills that formally codified the first laws of the Utah Territory.

The Utah Territory had been established by an act of the U.S. Congress on September 09, 1850, after a failed March 08, 1849 petition by Utah leaders to create a new state named Deseret. When the petition for the state of Deseret was submitted, the first Mormon settlers had been in region for nearly two years (having arrived in the Salt Lake Valley in July 1847). At the time of Mormon settlement in Salt Lake, the U.S. government was in the midst of the Mexican American War. U.S. Victory in this conflict would eventually lead to Mexico ceding large chunks of western North America over to federal control.

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Utah Territory with Deseret Border by Matthew Trump licensed under CC BY-SA 3.0

 

The designation of the Utah Territory by Congress was part of a much larger set of bills passed that would come to be known as the Compromise of 1850. This “compromise” attempted to maintain a balance of power between free states and territories and slave states and territories in the Union. As part of complex package of legislation, California was admitted into the Union as a free state, while the territories of Utah and New Mexico were admitted under the provision that slavery in each territory would be decided by the popular sovereignty of its citizens.

With the designation of the Utah Territory, the size of Deseret was dramatically scaled back. Mormon leaders had originally called for a state that would have encompassed all of the Great Basin, the entire Colorado River Drainage Basin, and an outlet to the Pacific Ocean running through San Diego. Instead, the new territory was scaled back to include much of modern-day Utah, Nevada, and parts of Wyoming and Colorado. In addition, legislation creating the territory called for the designation of territorial officials, the formation of a territorial legislative assembly responsible for enacting laws and a civil code for the territory, and the creation of a territorial judiciary.

On February 03, 1851, Mormon church president, Brigham Young was designated as the first Territorial Governor of the Utah Territory, and by September of that year, the 13 members of the Territorial Council (with Willard Richards as president) and 26 members of the Territorial House of Representatives (with William W. Phelps as speaker) had been chosen and met to conduct the business of Utah’s first legislative session.

Business of the First Utah Legislative Assembly

Between September 1851 and March 1852, the first legislative assembly in Utah’s history met in Salt Lake City and enacted Utah’s first set of formally recognized laws. Much of the work done by this legislative body came out of efforts that had already been made in drafting a proposed legal code for the failed State of Deseret. The Utah State Archives holds the records from this first legislative session. Examples from this series reveal the scope and variety of laws debated and passed by Utah’s first Territorial Legislative Assembly.

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An act affirming Salt Lake City’s Charter (series 3150).

Among the most important pieces of legislation passed was an act approving charters for the cities of Salt Lake, Ogden, Provo, Manti, and Parowan. A portion of this record reads:

“Be it enacted by the Counsel and House of Representatives of Utah Territory Assembly that we reenact the following ordinances, passed by the Legislature of the State of Deseret, January the 9th and February the 6th A.D. 1851 granting the several petitions for the above named charters…And be it further enacted that we do grant unto the City Counsel of Ogden City the entire control of all the timber lying west of the Corporation to the Great Salt Lake.”

Much of the Territorial Legislative Assembly’s initial business sought to spell out property rights and resource regulation, as evidenced by the passage of another act granting access to water rights from Mill Creek Canyon to Brigham Young. In this record the assembly states:

“Be it enacted by the Governor and the Legislative Assembly of the Territory of Utah, that the privilege is hereby granted unto President Brigham Young to take the waters from the channel of Millcreek, immediately below Neff’s Mill, and to convey the same to the channel of Big Kanyon creek agreeably to the provisions of the act passed in the Legislative Council of the State of Deseret, January 15, 1850.”

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An act granting Mill Creek water rights to Brigham Young (series 3150).

A third act demonstrates the lengths the Territorial Legislative Assembly went to provide social order in the new territory. This, “act in relation to the inspection of Spirituous Liquors,” serves as the first piece of liquor control legislation in Utah’s history. It established an office of Territorial Liquor Inspector, mandated the methods for determining alcohol levels, and establishes fines for anyone caught selling contraband liquor in the territory.

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An act establishing Utah’s first Liquor Inspector (series 3150).

These examples, all signed by powerful Mormon leaders acting in a secular government capacity, show just how intertwined church and state were in the early history of the Utah Territory. In the coming years this dynamic would shift as outside, non-Mormon populations began to settle in the territory and call it home. With increased federal influence, national westward expansion, mining booms, and eventually the birth of an intercontinental railroad system, the hold over government held by Brigham Young and other Mormon leaders would incrementally lessen over the years, though the influence the Mormon Church would wield over local affairs remained very much in tact. The legislative records of Utah tell the story of this growth and the profound changes that would come to the Utah Territory as it evolved towards eventual statehood in 1896.

Legislative Resources Today

Today the Utah State Archives preserves and provides access to a vast collection of historic records documenting Utah’s legislative history. In addition, the Utah State Legislature has made many of the records related to contemporary legislation freely accessible to the public through the Legislative website.

The Utah Legislature and Utah State Archives have also made a variety of useful guides available online that help explain the complexity of the legislative process, as well as how researchers can draw on historic legislative records to conduct important research, such as the discovery of legislative intent.

An effective democracy relies on the checks and balances placed upon its representatives by informed citizens. The Utah State Archives and the Office of Legislative Research and General Council serve as important government agencies in terms of promoting this ideal and ensuring that transparency remains an unassailable part of Utah’s annual legislative process.


Records from Territorial Governors Online

Governor Young’s Special Election Proclamation

Recordkeeping was not quite the same for governors during the territorial period (1850-1895), compared to more recent years with offices full of staff to keep track of correspondence, photographs, and artifacts. The Archives does have a few things in its holdings to provide insight into territorial governance, which are now going online as part of the Utah Territory Project.

Governor (1850-1857: Young)

Governor (1880-1886: Murray)

Governor (1889-1893: Thomas)


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