Читать книгу The History of Salt Lake City and its Founders, Volume 1 - Edward William Tullidge - Страница 12

INCORPORATION OF GREAT SALT LAKE CITY. ITS ORIGINAL CHARTER. THE FIRST CITY COUNCIL AND MUNICIPAL OFFICERS. ORGANIZATION OF THE TERRITORY. ARRIVAL OF THE NEWS OF GOVERNOR YOUNGS APPOINTMENT. DISSOLUTION OF THE STATE OF DESERET. GOVERNORS PROCLAMATION. LEGALIZING THE LAWS PASSED BY THE PROVISIONAL GOVERNMENT. CORRESPONDENCE BETWEEN COLONEL KANE AND PRESIDENT FILLMORE. STANSBURY'S VOUCHER FOR BRIGHAM YOUNG.

The cities of Utah needing their due municipal orders and having waited so long for the action of Congress, the Governor and the General Assembly of the State of Deseret, at the opening of the year 1851, effected the incorporation of the cities of Great Salt Lake, Ogden, Provo, Manti and Parowan. The following is the original charter of Great Salt Lake City, entitled

"AN ORDINANCE TO INCORPORATE GREAT SALT LAKE CITY.

"Sec. i. Be it ordained by the General Assembly of the State of Deseret: That all that district of country embraced in the following boundaries, to wit:— beginning at the southeast corner of the Church Pasture, about half a mile north of the Hot Spring; thence west to the west bank of the Jordan River; thence south, up the west bank thereof, to a point in said bank directly west from the southwest corner of the five-acre lots, south of said city; thence east to the aforesaid southwest corner of said five-acre lots, and along the south line thereof; thence east to the base of the mountains; thence directly north to the point directly east of the southeast corner of the Church Pasture; thence west to the place of beginning:—including the present survey of said city, shall be known and designated as Great Salt Lake City; and the inhabitants thereof are hereby constituted a body corporate and politic, by the name aforesaid, and shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure.

"Sec. 2. The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued; to plead and be impleaded; defend and be defended in all courts of law and equity, and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city; to purchase receive and hold real property beyond the pity, for burying grounds, or other public purposes, for the use of the inhabitants of said city; to sell, lease, convey, or dispose of property, real and personal, for the benefit of said city; to improve and protect such property, and to do all other things in relation thereto, as natural persons.

Sec. 3. There shall be a City Council, to consist of a Mayor, four Aldermen, and nine Councilors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their for two years, and until their successors shall be elected and qualified. The City Council shall judge of the qualifications, elections, and returns of their own members, and a majority of them shall form a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance.

Sec. 4. The Mayor, Aldermen, and Councilors, before entering upon the duties of their offices, shall take and subscribe an oath or affirmation, that they will support the Constitution of the United States, and of this State, and that they will well and truly perform the duties of their offices, to the best of their skill and abilities.

Sec. 5. On the first Monday of April next, and every two years thereafter, on said day, an election shall be held for the election of one Mayor, four Aldermen, and nine Councilors; and at the first election under this ordinance, three judges shall be chosen, viva voce, by the electors present. The said judges shall choose two clerks, and the judges and clerks, before entering upon their duties, shall take and subscribe an oath or affirmation, such as is now required by law to be taken by judges and clerks of other elections; and at all subsequent elections the necessary number of judges and clerks shall be appointed by the City Council. At the first election so held, the polls shall be opened at nine o'clock a. m., and closed at six o'clock p. m. At the close of the polls, the votes shall be counted, and a statement thereof proclaimed at the front door of the house at which said election shall be held; and the clerks shall leave with each person elected, or at his usual place of residence, within five days after the election, a written notice of his election; and each person so notified, shall within ten days after the election, take the oath or affirmation herein before mentioned, a certificate of which oath shall be deposited with the Recorder, whose appointment is hereinafter provided for, and be by him preserved. And all subsequent elections shall be held, conducted, and returns thereof made, as may be provided for by ordinance of the City Council.

Sec. 6. All free white male inhabitants of the age of eighteen years, who are entitled to vote for State officers, and who shall have been actual residents of said city sixty days next preceding said election, shall be entitled to vote for city officers.

Sec. 7. The City Council shall have authority to levy and collect taxes for city purposes, upon all taxable property, real and personal, within the limits of the city, not exceeding one-half per cent, per annum, upon the assessed value thereof, and may enforce the payment of the same in any manner to be provided by ordinance, not repugnant to the Constitution of the United States, or of this State.

Sec. 8. The City Council shall have power to appoint a Recorder, Treasurer, Assessor and Collector, Marshal and Supervisor of Streets. They shall also have the power to appoint all such other officers, by ordinance, as may be necessary, define the duties of all city officers, and remove them from office at pleasure.

Sec. 9. The City Council shall have power to require of all officers appointed in pursuance of this ordinance, bonds with penalty and security, for the faithful performance of their respective duties, such as may be deemed expedient, and also to require all officers appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices.

Sec. 10. The City Council shall have power and authority to make, ordain, establish, and execute all such ordinances not repugnant to the Constitution of the United States, or of this State, as they may deem necessary for the peace, benefit, good order, regulation, convenience, and cleanliness of said city; for the protection of property therein, from destruction of property by fire or otherwise, and for the health and happiness thereof. They shall have power to fill all vacancies that may happen by death, resignation, or removal, in any of the offices herein made elective; to fix and establish all the fees of the officers of said corporation, not herein established; to impose such fines, not exceeding one hundred dollars for each offense, as they may deem just, for refusing to accept any office in or under the corporation, or (or misconduct therein; to divide the city into wards, and specify the boundaries thereof, and create additional wards; to add to the number of Aldermen and Councilors, and apportion them among the several wards, as may be just, and most conducive to the interest of the city.

Sec. 11. To establish, support and regulate common schools; to borrow money on the credit of the city,—provided that no sum or sums of money be borrowed on a greater interest than six per cent, per annum,—nor shall the interest on the aggregate of all the sums borrowed and outstanding ever exceed one half of the city revenue, arising from taxes assessed on real estate within this corporation.

Sec. 12. To make regulations to prevent the introduction of contagious diseases into the City, to make quarantine laws for that purpose, and enforce the same.

Sec. 13. To appropriate and provide for the payment of the expenses and debts of the city.

Sec. 14. To establish hospitals and make regulations for the government of the same; to make regulations to secure the general health of the inhabitants; to declare what shall be nuisances, and to prevent and remove the same.

Sec. 15. To provide the City with water, to dig wells, lay pump logs, and pipes, and erect pumps in the streets for the extinguishment of fires, and convenience of the inhabitants.

Sec. 16. To open, alter, widen, extend, establish, grade, pave, or otherwise improve and keep in repair, streets, avenues, lanes, and alleys; and to establish, erect and keep in repair aqueducts and bridges.

Sec. 17. To provide for lighting of the streets, and erecting lamp posts; and establish, support and regulate night watches; to erect market houses, establish markets and market places, and provide for the government and regulations thereof.

Sec. 18. To provide for erecting all needful buildings for the use of the City; and for enclosing, improving, and regulating all public grounds belonging to the City.

Sec. 19. To license, tax and regulate auctioneers, merchants, and retailers, grocers and taverns, ordinaries, hawkers, peddlers, brokers, pawnbrokers, and money changers.

Sec. 20. To license, tax and regulate hacking, carriages, wagons, carts and drays, and fix the rates to be charged for the carriage of persons, and for wagonage, cartage and drayage of property; as also to license and regulate porters, and fix the rates of porterage.

Sec. 21. To license, tax and regulate theatrical and other exhibitions, shows and amusements.

Sec. 22. To tax, restrain, prohibit, and suppress tippling houses, dram shops, gaming houses, bawdy, and other disorderly houses.

Sec. 23. To provide for the prevention and extinguishment of tires; to regulate the fixing of chimneys, and the flues thereof, and stove pipes, and to organize and establish fire companies.

Sec. 24. To regulate the storage of gunpowder, tar, pitch, rosin, and other combustible materials.

Sec. 25. To regulate and order parapet walls, and other partition fences.

Sec. 26. To establish standard weights and measures and regulate the weights and measures to be used in the city, in all other cases not provided for by law.

Sec. 27. To provide for the inspection and measuring of lumber and other building materials, and for the measurement of all kinds of mechanical work.

Sec. 28. To provide for the inspection and weighing of hay, lime and stone coal, and measuring of charcoal, firewood, and other fuel, to be sold or used within the City.

Sec. 29. To provide for and regulate the inspection of tobacco, and of beef, pork, flour, meal; also beer and whisky, brandy, and all other spirituous or fermented liquors.

Sec. 30. To regulate the weight, quality, and price of bread sold and used in the City.

Sec. 31. To provide for taking the enumeration of the inhabitants of the City.

Sec. 32. To fix the compensation of all city officers, and regulate the fees of jurors, witnesses, and others, for services rendered under this or any city ordinance.

Sec. 33. The City Council shall have exclusive power within the city by ordinance, to license, regulate, suppress, or restrain billiard tables, and from one to twenty pin alleys, and every other description of gaming or gambling.

Sec. 34. The City Council shall have exclusive power within the City, by ordinance, to license, regulate, or restrain the keeping of ferries, and toll bridges; to regulate the police of the city; to impose fines, forfeitures and penalties, for the breach of any ordinance, and provide for the recovery of such fines and forfeitures, and the enforcement of such penalties, and to pass such ordinances as may be necessary and proper for carrying into effect and execution, the powers specified in this ordinance, provided such ordinances are not repugnant to the Constitution of the United States, or of this State.

Sec. 35. All ordinances passed by the City Council, shall, within one month after they shall have been passed, be published in some newspaper, printed in said City, or certified copies thereof, be posted up in three of the most public places in the City.

Sec. 36. All ordinances of the City may be proven by the seal of the corporation; and when printed or published in book or pamphlet form, purporting to be printed or published by the authority of the corporation, the same shall be received in evidence in all courts, or places, without further proof.

Sec. 37. The Mayor and Aldermen shall be conservators of the peace within the limits of the city and shall have all the powers of justices of the peace therein, both in civil and criminal cases, arising under the laws of the State. They shall, as justices of the peace within said city, perform the same duties, be governed by the same laws, give the same bonds and securities, as other justices of the peace, and be commissioned as justices of the peace, in and for said city, by the Governor.

Sec. 38. The Mayor and Aldermen shall have exclusive jurisdiction in all cases arising under the ordinances of the corporation and shall issue such process as may be necessary to carry said ordinances into execution and effect. Appeals may be had from any decision or judgment of said Mayor or Aldermen, arising under the ordinances of said city, to the Municipal Court, under such regulations as may be prescribed by ordinance; which court shall be composed of the Mayor as chief justice, and the Aldermen as associate justices; and from the final judgment of the Municipal Court to the Probate Court of Great Salt Lake County, in the same manner as appeals are taken from the justices of the peace; provided that the parties litigant shall have a right to a trial by jury of twelve men in all cases before the Municipal Court. The Municipal Court shall have power to grant writs of habeas corpus, and try the same, in all cases arising under the ordinances of the City Council.

Sec. 39. The Municipal Court may sit on the first Monday of every month, and the City Council, at such times and places as may be prescribed by city ordinance, special meetings of which may at any time be called by the Mayor or any two Aldermen.

Sec. 40. All process issued by the Mayor, Aldermen, or Municipal Court shall be directed to the Marshal, and in the execution thereof, he shall be governed by the same laws as are or may be prescribed for the direction and compensation of constables in similar cases. The Marshal shall also perform such other duties as may be required of him under the ordinances of said City and shall be the principal ministerial officer.

Sec. 41. It shall be the duty of the Recorder to make and keep accurate records of all ordinances made by the City Council, and of all their proceedings in their corporate capacity, which record shall at all times be open to the inspection of the electors of said City, and shall perform all other duties as may be required of him by the ordinances of the City Council, and shall serve as clerk of the Municipal Court.

Sec. 42. When it shall be necessary to take private property for opening, widening, or altering any public street, lane, avenue, or alley, the corporation shall make a just compensation therefor; to the person whose property is so taken; and if the amount of such compensation cannot be agreed upon, the Mayor shall cause the same to be ascertained by a jury of six disinterested men, who shall be inhabitants of the City.

Sec. 43. All jurors empaneled to enquire into the amount of benefits or damages, that shall happen to the owners of property so proposed to be taken, shall first be sworn to that effect, and shall return to the Mayor their inquest in writing, signed by each juror.

Sec. 44. In case the Mayor shall, at any time, be guilty of a palpable omission of duty, or shall willfully or corruptly be guilty of oppression, malconduct, or partiality, in the discharge of the duties of his office, he shall be liable to indictment in the Probate Court of Great Salt Lake County, and on conviction he shall be liable to fine and imprisonment; and the court shall have power on the recommend of the jury, to add to the judgment of the court, that he be removed from office.

Sec. 45. The City Council shall have power to provide for the punishment of offenders and vagrants, by imprisonment in the county or city jail, or by compelling them to labor upon the streets, or other public works, until the same shall be fully paid; in all cases where such offenders or vagrants shall fail or refuse to pay the fine and forfeitures which may be recovered against them.

Sec. 46. The inhabitants of Great Salt Lake City shall, from and after the next ensuing two years, from the first Monday of April next, be exempt from working on any road or roads, beyond the limits of said City. But all taxes devoted to road purposes, shall, from and after said term of two years, be collected and expended by, and under the direction of, the supervisor of streets, within the limits of said City.

Sec. 47. The Mayor, Aldermen, and Councilors of said City shall, in the first instance, be appointed by the Governor and Legislature of said State of Deseret; and shall hold their office until superseded by the first election.

Approved January 9th, 1851.

The first municipal Council of Great Salt Lake City was composed of Jedediah M. Grant, Mayor; Nathaniel H. Felt, William Snow, Jesse P. Harmon and Nathaniel V. Jones, Aldermen; Vincent Shurtliff, Benjamin L. Clapp, Zera Pulsipher, William G. Perkins, Harrison Burgess, Jeter Clinton, John L. Dunyon and Samuel W. Richards, Councilors.

The City Council met pursuant to notice from the clerk of Great Salt Lake County. The members having been severally sworn in by the county clerk "to observe the Constitution of the United States and of this State," organized in due form.

The ordinance incorporating Great Salt Lake City was then read by the clerk of the county, when the Mayor informed the Council that it would be necessary to appoint a Recorder, Treasurer and Marshal of the city: whereupon Robert Campbell was appointed Recorder, and Elam Luddington Marshal and Assessor and Collector of Great Salt Lake City. Afterwards Leonard W. Hardy was appointed Captain of the City police.

At the afternoon's session committees were appointed to formulate governmental methods for the City. Enquiry was made relative to the disposition of taxes, when it was stated that the State taxes would be applied as formerly for State purposes, and that a city tax of one half of one per cent, should be levied for city purposes.

The Mayor brought forward the subject of dividing the City into municipal wards.

The county clerk then submitted a city plot to the council, and the following municipal wards were laid out from the map, and their proper boundaries designated: First Ward: bounded on the north by Third South Street; west, by East Temple Street; south, by southern limits; east, by eastern limits: Alderman, Jesse P. Harmon. Second Ward: east, by East Temple Street; south, by southern limits; west, by Jordan River; north, by South Temple Street: Alderman, N. V. Jones. Third Ward: east, by East Temple Street; south, by South Temple Street; west, by Jordan River; north, by northern limits: Alderman, Nathaniel H. Felt. Fourth Ward: east, by eastern limits; south, by Third South Street; west, by East Temple Street; north, by northern limits: Alderman, William Snow.

The Mayor instructed the Marshal and Collector to proceed to assessing property and levying taxes. The Council then adjourned.

In April the first municipal election for Great Salt Lake City was held, as provided for by the charter, and the following members were returned: Mayor; Jedediah M. Grant; Aldermen: Nathaniel Felt, William Snow, J. P. Harmon, N. V. Jones; Councilors: Lewis Robinson, Robert Pierce, Zera Pulsipher, Wm. G. Perkins, Jeter Clinton, Enoch Reese, Harrison Burges, Samuel W. Richards, Vincent Shurtliff.

In the meantime Congress had passed an act, approved on the 9th of September, 1850, organizing the Territory of Utah within the following limits: "Bounded on the west by the State of California; on the north by the Territory of Oregon; on the east by the summits of the Rocky Mountains; and on the south by the 37th parallel of north latitude: with the proviso that Congress should be at liberty, when it might be deemed "convenient and proper" to cut it up into two or more Territories, or to attach any portion of it to any other State or Territory. On the 28th of the same month, President Fillmore, "with the advice and consent of the Senate," appointed Brigham Young Governor of Utah; B. D.Harris, of Vermont, Secretary; Joseph Buffington, of Pennsylvania, Chief Justice; Perry E. Brocchus, of Alabama, and Zerubbabel Snow, of Ohio, Associate Justices; Seth M. Blair, of Utah, United States Attorney; and Joseph L. Heywood of Utah, United States Marshal; but Mr. Buffington declining the office of Chief Justice, Lemuel G. Brandebury was appointed in his stead.

The postal communication between Washington and Great Salt Lake City at this period being scarcely opened, an interval of six months passed before the news officially reached Utah. It came first unofficially by way of California, brought by a portion of that same company which explored the southern route to California in the fall of 1849. The returning company consisted of Major Hunt, of the Mormon Battalion, Mr. Henry E. Gibson and five others. To bear the important news, they started on Christmas day, and travelled with pack animals from Los Angeles to Great Salt Lake City. Major Hunt stopped at his home on the way; but Mr. Gibson posted on to Great Salt Lake City, where he arrived on the 27th of January, and presented to Governor Young published reports, in Eastern papers, of the passage of the Organic Act that created Utah a Territory. The news being certain and so many months having passed since the passage of the act and his own appointment, Governor Young at once took the oath of office, on the 3rd of February, 1851; and on the 26th of March he issued the following special message to the General Assembly of the State of Deseret: Gentlemen: —Whereas the Congress of the United States passed an Act. September 9th, 1850, and received the approval of the President to "establish a Territorial Government for Utah," and made appropriations for erecting public buildings for said Territory, etc.; the appointments under said law also having been made, official announcement of which has not as yet been received, but is shortly expected; sufficient intelligence, however, has been received to justify us in preparing for the adoption and organization of the new Government under said Act.

I have therefore thought proper to suggest to you, previous to your final adjournment, the propriety of making such arrangements, as in wisdom you may consider necessary, in view of the aforesaid Act of Congress, that as little inconvenience as possible may arise in the change of governmental affairs, and in relation to the organization of the Territorial Government for erecting public buildings for said territory, etc.

And now, upon the dissolving of this Legislature, permit me to add, the industry and unanimity which have ever characterized your efforts, and contributed so much to the pre-eminent success of this government, will, in all future time, be a source of gratification to all; and whatever may be the career and destiny of this young, but growing republic, we can ever carry with us the proud satisfaction of having erected, established, and maintained a peaceful, quiet, yet energetic government, under the benign auspices of which, unparalleled prosperity has showered her blessings upon every interest.

With sentiments of the highest esteem and gratitude to the Giver of all good for His kind blessings, I remain,

Respectfully yours, Brigham Young, Governor.

Great Salt Lake City, Utah Territory,

March 26th, 1851.

The Legislature of Deseret, in joint session, March 28th, 1851, unanimously passed the following Preamble and Resolutions, pertaining to the organization of a Territorial Government for Utah: —

PREAMBLE.

Whereas, in the winter and spring of the year of our Lord, 1849, the people of this territory did form and establish a Provisional State Government, until the United States Congress should otherwise provide by law for the government of this territory; and Whereas, it was under this authority and by virtue thereof, that this body have acted and legislated, for and in behalf of the people of said State, now Utah Territory; and Whereas the United States Congress has finally legislated in behalf of this territory, by passing an act for the organization of the Territory of Utah; making appropriations for public buildings, and extending the Constitution of the United States over said territory; and Whereas, previous to the first election under said law, the census has to be taken, and apportionments made, which will necessarily consume much time; and Whereas the public buildings for said territory are very much needed, and the United States Congress having made an appropriation of twenty thousand dollars towards defraying the expense thereof;—and in order to facilitate the speedy erection of said public buildings for the use of the territory, and further promote the mutual and easy organization of said territorial government;— Therefore, be it resolved by the General Assembly of the State of Deseret:

1. That we cheerfully and cordially accept of the legislation of Congress in the Act to establish a Territorial Government for Utah.

2. That we welcome the Constitution of the United States—the legacy of our fathers—over this territory.

3. That all officers under the Provisional State Government of Deseret, are hereby requested to furnish unto their successors in office every facility in their power, by returning and delivering unto them public documents, laws, ordinances, and dockets, that may or can be of any use or benefit to their said successors in office.

4. That Union Square, in Great Salt Lake City, be devoted for the use of public buildings of said Territory.

5. That Governor B. Young be our agent to make drafts upon the treasury of the United States for the amount appropriated for said buildings, and to take such other measures as he shall deem proper for their immediate erection.

6. That we appoint an architect to draft designs, and a committee of one, to superintend the erection of said buildings.

7. That Truman O. Angel, of said city, be said architect, and Daniel H. Wells, of said city, the committee; and that they proceed immediately to the designing and erection of said buildings.

8. That, whereas, the State House in Great Salt Lake City having been originally designed for a "Council House," and erected by and at the expense of the " Church of Jesus Christ of Latter-day Saints," for the purpose, as well as to accommodate the Provisional Government; that we now do relinquish unto said Church the aforesaid building, tendering unto them our thanks for the free use thereof during the past session.

9. That we fix upon Saturday, the 5th day of April next, for the adjustment and final dissolving of the General Assembly of the State of Deseret.

H. C. Kimball, President of the Council.

J. M. Grant, Speaker of the House.

"T. Bullock, Clerk"

Governor Young issued a proclamation on July 1st, 1851, calling the election for the first Monday in the following August, when it was accordingly held, August 4th, and the Territorial Legislature of Utah duly created by the people.

The first session of the Legislative Assembly of the Territory of Utah, was convened in pursuance of the proclamation of the Governor, on the 22nd day of September, A. D. 1851; and continued by adjournments to the 18th day of February, A. D. 1852. This was succeeded by a special session, called by proclamation of the Governor, and convened the day following, continuing until the 6th day of March, A. D. 1852.

Brigham Young, Governor.

MEMBERS OF THE COUNCIL:

Great Salt Lake County.—Willard Richards (President), Heber C. Kimball, Daniel H. Wells, Orson Spencer, Ezra T. Benson (resigned September 24th, 1851), Orson Pratt (elected November 15th, 1851), Jedediah M. Grant (resigned September 23rd, 1851), Edward Hunter (elected November 15th, 1851).

Davis County.—John S. Fullmer.

Weber County.—Lorin Farr, Charles R. Dana.

Utah County.—Alexander Williams, Aaron Johnson.

San Pete County.—Isaac Morley.

Iron County.—George A. Smith.

MEMBERS OF THE HOUSE OF REPRESENTATIVES:

Great Salt Lake County.—William W. Phelps (Speaker), Daniel Spencer, Albert P. Rockwood, Nathaniel H. Felt, David Fullmer, Edwin D. Woolley, Phinehas Richards, Joseph Young, Henry G. Sherwood, Wilford Woodruff, Benjamin F. Johnson, Hosea Stout, Willard Snow (resigned September 24th, 1851), John Brown (elected November 15, 1851).

Davis County.—Andrew J. Lamereaux, John Stoker, Gideon Brownell.

Weber County.—David B. Dille, James Brown, James G. Browning.

Utah County.—David Evans, William Miller, Levi W. Hancock.

San Pete County.—Charles Shumway.

Iron County.—Elisha H. Groves, George Brimhall (elected November 15. 1851)

Tooele County,—John Rowberry.

The first printed volume of laws of Utah Territory, had the following title page:

"Acts, Resolutions, and Memorials, passed by the First Annual, and Special Sessions, of the Legislative Assembly, of the Territory of Utah, begun and held at Great Salt Lake City, on the 22nd day of September, A. D. 1851. Also the Constitution of the United States, and the Act organizing the Territory of Utah. Published by Authority of the Legislative Assembly. G. S. L. City, U. T. 1852. Brigham H. Young, Printer."

To this was appended a certificate of authenticity, signed by "Willard Richards, Secretary pro tem., appointed by the Governor."

At its opening session the members passed the following

"Joint Resolution Legalizing the Laws of the Provisional Government of the State of Deseret: "Resolved, by the Legislative Assembly of the Territory of Utah: That the laws heretofore passed by the Provisional Government of the State of Deseret, and which do not conflict with the Organic Act of said Territory be, and the same are hereby declared to be legal, and in full force and virtue, and shall so remain until superseded by the action of the Legislative Assembly of the Territory of Utah.

"Approved October 4, 1851."

This Resolution preserved the original charter of Great Salt Lake City.

The second Resolution, passed on the same day, transferred the political capital from Great Salt Lake City to "Pauvan Valley," where the City of Fillmore was afterwards founded, and Millard County organized and named in honor of the President of the United States, who had so cordially recognized the right of the people of Utah to local self-government and the choice of their own officers.

Severe strictures, however, were passed upon President Fillmore by a portion of the American press, for appointing Brigham Young Governor of Utah, which called forth the following correspondence between the President and Colonel Thomas L. Kane:

"Washington, July 4, 1851.

"My Dear Sir:—I have just cut the enclosed slip from the Buffalo Courier. It brings serious charges against Brigham Young, Governor of Utah, and falsely charges that I knew them to be true. You will recollect that I relied much upon you for the moral character and standing of Mr. Young. You knew him and had known him in Utah. You are a democrat, but I doubt not will truly state whether these charges against the moral character of Governor Young are true.

"Please return the article with your letter.

"Not recollecting your given name, I shall address this letter to you as the son of Judge Kane.

"I am, in great haste, truly yours,

Millard Fillmore.

"Mr. Kane, Philadelphia:"

"Philadelphia, July 11th, 1851.

"My Dear Sir:—I have no wish to evade the responsibility of having vouched for the character of Mr. Brigham Young of Utah, and his fitness for the station he now occupies. I reiterate without reserve, the statement of his excellent capacity, energy and integrity, which I made you prior to his appointment.

I am willing to say I volunteered to communicate to you the facts by which I was convinced of his patriotism, and devotion to the interests of the Union. I made no qualification when I assured you of his irreproachable moral character, because I was able to speak of this from my own intimate personal knowledge.

"If any show or shadow of evidence can be adduced in support of the charges of your anonymous assailant, the next mail from Utah shall bring you their complete and circumstantial refutation. Meanwhile I am ready to offer this assurance for publication in any form you care to indicate, and challenge contradiction from any respectable authority.

"I am, Sir, with high respect and esteem, your most obedient servant,

"Thomas L. Kane.

"The President."

Captain Stansbury, in his official report to the government, giving his views and testimony relative to Brigham Young, both as the leader of the Mormon people and the Governor of Utah, said: "Upon the personal character of the leader of this singular people, it may not, perhaps, be proper for me to comment in a communication like the present.

I may, nevertheless, be pardoned for saying, that to me, President Young appeared to be a man of clear, sound sense, fully alive to the responsibilities of the station he occupies, sincerely devoted to the good name of the people over whom he presides, sensitively jealous of the least attempt to under-value or misrepresent them, and indefatigable in devising ways and means for their moral, mental, and physical elevation. He appeared to possess the unlimited personal and official confidence of his people; while both he and his councilors, forming the Presidency of the Church, seem to have but one object in view, the prosperity and peace of the society over which they preside.

"Upon the action of the Executive in the appointment of the officers within the newly-created Territory, it does not become me to offer other than a very diffident opinion. Yet the opportunities of information to which allusion has already been made, may perhaps justify me in presenting the result of my own observations upon this subject. With all due deference, then, I feel constrained to say, that in my opinion the appointment of the President of the Mormon Church, and the head of the Mormon community, in preference to any other person, to the high office of Governor of the Territory, independent of its political bearings, with which I have nothing to do, was a measure dictated alike by justice and by sound policy. Intimately connected with them from their exodus from Illinois, this man has indeed been their Moses, leading them through the wilderness to a remote and unknown land, where they have since set up their tabernacle, and where they are now building their temple. Resolute in danger, firm and sagacious in council, prompt and energetic in emergency, and enthusiastically devoted to the honor of his people, he had won their unlimited confidence, esteem and veneration, and held an unrivaled place in their hearts. Upon the establishment of the provisional government, he had been unanimously chosen as their highest civil magistrate, and even before his appointment by the President, he combined in his own person the triple character of confidential adviser, temporal ruler, and prophet of God. Intimately acquainted with their character, capacities, wants, and weaknesses; identified now with their prosperity, as he had formerly shared to the full in their adversities and sorrows; honored, trusted,—the whole wealth of the community placed in his hands, for the advancement both of the spiritual and temporal interest of the infant settlement, he was, surely, of all others, the man best fitted to preside, under the auspices of the general government, over a colony of which he may justly be said to have been the founder. No other man could have so entirely secured the confidence of the people; and the selection by the Executive of the man of their choice, besides being highly gratifying to them, is recognized as an assurance that they shall hereafter receive at the hands of the general government that justice and consideration to which they are entitled. Their confident hope now is that, no longer fugitives and outlaws, but dwelling beneath the broad shadow of the national aegis, they will be subject no more to the violence and outrage which drove them to seek a secure habitation in this far distant wilderness.

"As to the imputations that have been made against the personal character of the Governor, I feel confident they are without foundation. Whatever opinion may be entertained of his pretensions to the character of an inspired prophet, or of his views and practice of polygamy, his personal reputation I believe to be above reproach. Certain it is that the most entire confidence is felt in his integrity, personal, official, and pecuniary, on the part of those to whom along and intimate association, and in the most trying emergencies, have afforded every possible opportunity of forming a just and accurate judgment of his true character.

"From all I saw and heard, I am firmly of the opinion that the appointment of any other man to the office of governor would have been regarded by the whole people, not only as a sanction, but as in some sort a renewal, on the part of the General Government, of that series of persecutions to which they have already been subjected, and would have operated to create distrust and suspicion in minds prepared to hail with joy the admission of the new Territory to the protection of the supreme government.'"

Very pertinent to the closing paragraph of this testimony of Captain Stansbury is the following passage of an epistle of the Presidency of the Mormon Church announcing to "the Saints abroad" the event of the organization of the Territory of Utah: "We anticipate no convulsive revolutionary feeling or movement, by the citizens of Deseret in the anticipated change of governmental affairs; but an easy and quiet transition from State to Territory, like weary travelers descending a hill nearby their way side home.

"As a people, we know how to appreciate, most sensibly, the hand of friendship which has been extended towards our infant State, by the General Government. Coming to this place as did the citizens of Deseret, without the means of subsistence, except the labor of their hands, in a wilderness country, surrounded by savages, whose inroads have given occasion for many tedious and expensive expeditions; the relief afforded by our mother land, through the medium of the approaching territorial organization, will be duly estimated; and from henceforth, we would fondly hope the most friendly feelings may be warmly cherished between the various States and Territories of this great nation, whose constitutional charter is not to be excelled."