We have seen that Joseph Smith's desire was, when he suggested a
possible removal of the church to the Far West, that they should have,
not only an undisturbed place of residence, but a government of their
own. This idea of political independence Young never lost sight of. Had
Utah remained a distant province of the Mexican government, the Mormons
might have been allowed to dwell there a long time, practically without
governmental control. But when that region passed under the
government of the United States by the proclamation of the Treaty of
Guadalupe-Hidalgo, on July 4, 1848, Brigham Young had to face anew
situation. He then decided that what he wanted was an independent state
government, not territorial rule under the federal authorities, and he
planned accordingly. Every device was employed to increase the number
of the Saints in Utah, to bring the population up to the figure required
for admission as a state, and he encouraged outlying settlements at
every attractive point. In this way, by 1851, Ogden and Provo had become
large enough to form Stakes, and in a few years the country around Salt
Lake City was dotted with settlements, many of them on lands to which
the "Lamanites," who held so deep a place in Joseph Smith's heart,
asserted in vain their ancestral titles.
The first General Epistle sent out from Great Salt Lake City, in 1849,
thus explained the first government set up there, "In consequence of
Indian depredations on our horses, cattle, and other property, and the
wicked conduct of a few base fellows who came among the Saints, the
inhabitants of this valley, as is common in new countries generally,
have organized a temporary government to exist during its necessity, or
until we can obtain a charter for a territorial government, a petition
for which is already in progress."
On March 4, 1849, a convention, to which were invited all the
inhabitants of upper California east of the Sierra Nevadas, was held in
Great Salt Lake City to frame a system of government. The outcome was
the adoption of a constitution for a state to be called the State
of Deseret, and the election of a full set of state officers. The
boundaries of this state were liberal. Starting at a point in what is
now New Mexico, the line was to run down to the Mexican border, then
west along the border of lower California to the Pacific, up the coast
to 118 degrees 30 minutes west longitude, north to the dividing ridge
of the Sierra Nevadas, and along their summit to the divide between the
Columbia River and the Salt Lake Basin, and thence south to the place of
beginning, "by the dividing range of mountains that separate the waters
flowing into the Gulf of Mexico from the waters flowing into the Gulf of
California." The constitution adopted followed the general form of such
instruments in the United States. In regard to religion it declared,
"All men have a natural and inalienable right to worship God according
to the dictates of their own consciences; and the General Assembly shall
make no law respecting an establishment of religion, or prohibiting the
free exercise thereof, or disturb any person in his religious worship or
sentiments." *
*For text of this constitution and the memorial to Congress, see
Millennial Star, January 15, 1850.
An epistle of the Twelve to Orson Pratt in England, explaining this
subject, said, "We have petitioned the Congress of the United States for
the organization of a territorial government here. Until this petition
is granted, we are under the necessity of organizing a local government
for the time being."* The territorial government referred to was that
of the State of Deseret. The local government mentioned was organized on
March 12, by the election of Brigham Young as governor, H. C. Kimball as
chief justice, John Taylor and N. K. Whitney as associate justices,
and the Bishops of the wards as city magistrates, with minor positions
filled. Six hundred and seventy-four votes were polled for this ticket.
* Millennial Star, Vol. XI, p. 244.
The General Assembly, chosen later, met on July 2, and adopted a
memorial to Congress setting forth the failure of that body to provide
any form of government for the territory ceded by Mexico,* declaring
that "the revolver and the bowie knife have been the highest law of the
land," and asking for the admission of the State of Deseret into
the Union. That same year the Californians framed a government for
themselves, and a plan was discussed to consolidate California and
Deseret until 1851, when a separation should take place. The governor
of California condemned this scheme, and the legislature gave it no
countenance.
* "When Congress adjourned on March 4, 1849, all that had been
done toward establishing some form of government for the immense domain
acquired by the treaty with Mexico was to extend over it the revenue
laws and make San Francisco a port of entry."--Bancroft's "Utah," p.
446.
The Mormons had a confused idea about the government that they had set
up. In the constitution adopted they called their domain the State
of Deseret, but they allowed their legislature to elect their
representative in Congress, sending A. W. Babbitt as their delegate to
Washington, with their memorial asking for the admission of Deseret, or
that they be given "such other form of civil government as your wisdom
and magnanimity may award to the people of Deseret." The Mormons'
old political friend in Illinois, Stephen A. Douglas, presented this
memorial in the Senate on December 27, 1849, with a statement that it
was an application for admission as a state, but with the alternative of
admission as a territory if Congress should so direct. The memorial was
referred to the Committee on Territories.
On the 31st of December, a counter memorial against the admission of the
Mormon state was presented by Mr. Underwood of Kentucky, a Whig. This
was signed by William Smith, the prophet's brother, and Isaac Sheen (who
called themselves the "legitimate presidents" of the Mormon church), and
by twelve other members. This memorial alleged that fifteen hundred of
the emigrants from Nauvoo to Salt Lake City, before their departure for
Illinois, took the following oath:--
"You do solemnly swear, in the presence of Almighty God, his holy
angels, and these witnesses, that you will avenge the blood of Joseph
Smith upon this nation; and so teach your children; and that you will
from this day henceforth and forever begin and carry out hostility
against this nation, and keep the same a profound secret now and ever.
So help you God."
This memorial also set forth that the Mormons were practising polygamy
in the Salt Lake Valley; that since their arrival there they had tried
two Indian agents on a charge of participation in the expulsion of
the Mormons from Missouri, and that they were, by their own assumed
authority, imposing duties on all goods imported into the Salt Lake
region from the rest of the United States. Senator Douglas, in an
explanation concerning the latter charge, admitted that Delegate Babbitt
acknowledged the levying of duties, the excuse being that the Mormons
had found it necessary to set up a government for themselves, pending
the action of Congress, and as a means of revenue they had imposed
duties on all goods brought into and sold within the limits of Great
Salt Lake City, but asserted that goods simply passing through were not
molested. This tax seems to have been established entirely by the church
authorities, the first of the "ordinances" of the Deseret legislature
being dated January 15, 1850.
The constitution of Deseret was presented to the House of
Representatives by Mr. Boyd, a Kentucky Democrat, on January 28,
1850, and referred to the Committee on Territories. On July 25, John
Wentworth, an Illinois Democrat, presented a petition from citizens
of Lee County, in his state, asking Congress to protect the rights of
American citizens passing through the Salt Lake Valley, and charging on
the organizers of the State of Deseret treason, a desire for a kingly
government, murder, robbery, and polygamy.
The Mormon memorial was taken up in the House of Representatives on July
18, after the committee had unanimously reported that "it is inexpedient
to admit Almon W. Babbitt, Esq., to a seat in this body from the alleged
State of Deseret." A long debate on the admission of the delegate from
New Mexico had deferred action. The chairman of the committee, Mr.
Strong, a Pennsylvania Whig, explained that their report was founded
on the terms of the Mormon memorial, which did not ask for Babbitt's
reception as a delegate until some form of government was provided for
them. Mr. McDonald, an Indiana Whig, offered an amendment admitting
Babbitt, and a debate of considerable length followed, in which the
slavery question received some attention. The Committee of the Whole
voted to report to the House the resolution against seating Babbitt, and
then the House, by a vote of 104 yeas to 78 nays, laid the resolution
on the table (on motion of its friends), and tabled a motion for
reconsideration. On the 9th of September following, the law for the
admission of Utah as a territory was signed. The boundaries defined were
California on the west, Oregon on the north, the summit of the Rocky
Mountains on the east, and the 37th parallel of north latitude on the
south.