--- title: Improvement Era description: Monthly periodical of the Mormon church, 1897 onward. This library holds the issues of November 1897 to December 1930. authors: - William H. King collections: - periodicals tags: - magazine - improvement-era periodical: Improvement Era volume: 1 number: 2 published: 1897-12 publisher: Young Men’s Mutual Improvement Associations publisher_place: Salt Lake City language: en type: magazine reference: 'William H. King, "Statehood and How It Was Achieved, II," *Improvement Era* 1, no. 2 (December 1897): 104–109.' source: url: https://archive.org/details/improvementera12unse transcription: Transcribed from the Internet Archive scan of each issue (the item for each issue is named in the issue's own source); unnumbered advertising leaves are omitted, printed page numbers are kept as page markers. identifier: improvementera12unse start_page: 104 end_page: 109 rights: status: public-domain basis: US publication 1930 or earlier (published 1897-12) source: https://archive.org/details/improvementera12unse publication_year: 1897 note: The Internet Archive item metadata carries a blanket "© Copyright by Intellectual Reserve, Inc." notice. The library owner judged it inapplicable because this issue was published in 1897, before 1931; a scan-level notice does not restore copyright. --- # Statehood and How It Was Achieved, II STATEHOOD AND HOW IT WAS ACHIEVED, BY HON. WM. H. KING, UTAH'S REPRESENTATIVE IN CONGRESS. II. The federal Constitution contemplates a nation formed from states — a union of states. It does not design that inchoate and rudimentary governments such as are presented under the territorial system should be permanent appendages to the republic. The right of the federal government to acquire territory and admit new states into the union being conceded, it follows as a necessary corollary that the authority exists to establish reasonable provisions for the protection of the peace and property, and the preservation of the liberties of the people within such territory, pending their investiture with the immunities of statehood. But the further concession must be made that the Constitution was formed by and for states, and must rest upon states; and that its sphere of activity is federal and national, not local Accordingly, it has been the policy of congress in theory, though not always in practice, whenever any domain was acquired, to subdivide it with a view of conferring statehood at the earliest practical date upon such subdivisions. As stated, a territorial condition is scarcely within the law, and clearly not within the spirit of the Constitution. And early in the history of our national life, in order to make tolerable this un-American and extra-constitutional government, a liberal system was devised and applied to territories. While the power lies with congress to admit new states, it should not be exercised arbitrarily. It has no right to exact of one applicant for admission a higher standard than is required of other territories STATEHOOD AND HOW IT WAS ACHIEVED. 105 seeking admission. It must be confessed, however, that congress has not always dealt fairly with territories asking for statehood. Prior to the war the slavery question assumed such proportions that the merits and demerits of the various states admitted were not always considered; but politics controlled and demanded that when a free state was created a slave state should be formed. And territories have been denied statehood for years, though possessing every qualification, because if admitted they would not have strengthened the political party in control of the government. Statehood for Utah was not a prize that came unsought. It was achieved only after watching and waiting for nearly half a century. Utah not only waited, but persistently labored. She patiently but constantly presented her claims and never ceased knocking at the national door. Congress often opened the door and permitted less worthy territories to enter. Though often repulsed and treated with disdain there was no abatement of the patriotism of Utah's people. They felt that this great government was a divine patrimony, and that they were joint heirs of and entitled to share in its benefactions. Though deprived for a season of their share of the estate, they felt that ultimately, that great tribunal — the American conscience — would reverse its decision and decree their right to a participation in the inheritance. The story of how statehood was achieved would be not only the political but also the industrial and social history of Utah. It would recite the heroic courage of the Pioneers who transformed a wilderness into a prosperous commonwealth; it would tell of the development and application of a marvelous system of irrigation; of the construction of highways, the building of railroads and telegraph lines, the enrichment of the union by pouring untold treasures of gold, silver, and lead into the channels of trade and commerce; of the magic growth making Utah the most important of the inter-mountain states, — giving her a population of nearly a quarter of a million, and property of the value of more than a hundred million dollars. It would not fail to mention the unique social and religious position of Utah, the hostile legislation of the nation, the sorrows and animosities which ex isted, and how, finally, peace and good will came to all within her borders; and also that with confidence in each other and faith in the future glory of her people, all united in asking that the crown of statehood for which Utah had so long striven, be placed by the mighty nation upon her fair young brow. But lack of space forbids the consideration of these questions, and I must content myself with brief allusions to the various requests made for admission into the union. In February, 1848, by the treaty of Guadalupe Hidalgo, "Upper California" became a part of the national domain. The previous year had witnessed the perilous journey of the Pioneers and the commencement of their labors looking to a reclamation of the desert and the founding of a new state. They had fled from states wherein mobocracy had triumphed, constitutions and laws had been violated, and their rights outraged. But the failure of states to protect them had not destroyed their love for American institutions or desire for constitutional government. The difficulties encountered in settling Utah, the struggle for subsistence, and the constant efforts required to gather the expatriated ones who were temporarily sojourning a thousand miles to the east, prevented the immediate consideration of governmental and political questions. It was nearly six months after the ratification of the treaty with Mexico before its terms were fully known in Utah. The action of congress with respect to the ceded territory was anxiously awaited and some form of civil government was daily expected. In the meantime the people of Utah were devoid of any civil government. After patiently waiting until the year 1849, and no steps having been taken by the federal government to organize the ceded territory or establish any form of government therein, a call was made by the leading citizens of Utah addressed to "the inhabitants of that portion of Upper California lying east of the Sierra Nevada Mountains." At that time Utah was an empire in extent. Its length east and west was 650 miles, and its breadth north and south was 350 miles. The Pacific Ocean was its southwest boundary, and the Sierra Nevada Mountains its western limit. Pursuant to the call a convention was held in March, STATEHOOD AND HOW IT WAS ACHIEVED. 1849, at Salt Lake City, and a constitution prepared which was adopted by vote of the people. A Provisional Government was organized under the name of the "State of Deseret," and the machinery provided by the new Constitution put into operation. It was not designed to establish an impenum in imperio; but because of the failure of congress to act, the establishment of a civil government was felt to be a necessity until the United States should provide one. It is worthy of note in passing that the constitution framed contained the usual tripartite division of powers and was liberal and republican in the broadest sense. In April of the same year a memorial was prepared, and signed by Brigham Young and more than two thousand others, in which congress was requested "to grant a territorial government of the most liberal construction authorized by our excellent federal Constitution, with the least possible delay." Dr. Bernhisel presented this to congress, but no action was taken upon it. The Legislative Assembly of the State of Deseret convened in July, 1849, and adopted a memorial to congress setting out in extenso the causes leading to the formation of a provisional government. Among other things it was stated that the people of the "State of Deseret" established a provisional government to obtain security to person and in order to preserve the rights of the United States. It was further declared that under such government "the civil policy of the United States was duly maintained." The memorial then states that the inhabitants of Utah are sufficiently numerous and able to support a state government, and asks that the constitution which had been adopted be ratified by congress and "the State of Deseret admitted into the Union on an equal footing with other states, or to such other form of civil government as your wisdom and magnanimity may award to the people of Deseret. " It is evident that the people of Utah had no design to create an independent government or become the subjects of any other nation than the United States. Many of them were the sons of revolutionary sires, and carried with them a love of liberty and of American institutions. They had aided in conquering the territory; and even before its cession by Mexico, the flag of the United States had been raised by them. They had been driven from the union; they now desired to return to the union, and lay at the feet of the nation as an offering of their patriotism, a new and sovereign state. The organization of a state government in advance of congressional action, while unprecedented at that time, was not revolutionary, nor did it evince any unpatriotic motive. A short time after, the people of California organized a state government, and without waiting for congressional legislation sought admission into the union. Later Colorado pursued the same course. Lieut. Gunnison said of the provisional government: "We found them in 1849 organized into a state with all the order of legislative, judicial and executive officers regularly filled, under a constitution eminently republican in sentiment and tolerant in religion, and though the authority of congress has not yet sanctioned this form of government presented and petitioned for, they proceed quietly with all the routine of an organized, self-governing people under the title of a territory; — being satisfied to abide their time in accession of strength by numbers when they may be deemed fit to take a sovereign position." The efforts of Col. Almon W. Babbitt to secure favorable action by congress in behalf of the "State of Deseret," were not rewarded with success. The memorial and constitution were presented, but he was denied admission to the House of Representatives. On the 7th of September, 1850, the United States senate passed a bill providing for the organization of Utah as a territory, and two days later it passed the house and became a law. The act of organizing the territory is known as the "Organic Act," and is substantially the same as those under which most of the territories have been formed and governed. By it the area of Utah was greatly reduced. The people of Utah, however, had been anxious to secure statehood and the refusal of congress to grant their memorial, was a great disappointment. Nevertheless they accepted the legislation cheerfully; and when General Wells informed President Young of the action of congress, and the appointment of the latter as STATEHOOD AND HOW IT WAS ACHIEVED. 109 Governor of the new territory he was escorted to the city "amid the firing of cannons and other demonstrations of rejoicing." The general assembly of the "State of Deseret" met in March, 1851, and resolved: "That we cheerfully accept the legislation of Congress in the act to establish a territorial government for Utah, and that we welcome the constitution of the United States, the legacy of our fathers, over this territory." The 5th day of April, 1851, was fixed "for the adjustment and final dissolving of the general assembly of the "State of Deseret." In 1849 President Zachary Taylor, thinking to obviate some of the threatened dangers growing out of the question of slavery in its relation to the territory recently acquired from Mexico, sought the amalgamation of Utah and California and their admission as one state, with the privilege of a separation in 1891. To this plan agreement was made by the people of Utah but it was rejected by California. Utah continued to prosper and her population to increase. In 1854 her population was estimated by Willard Richards to be from 40,000 to 50,000. In January, 1854, the territorial legislature memorialized congress to pass an act authorizing a constitutional convention preparatory to statehood. The memorial received no consideration at the hands of congress; but in March, 1856, a convention met at Salt Lake City and a state constitution was framed. Dr. Bernhisel, who was then territorial delegate, presented it, together with a memorial adopted by the convention, to congress. Notwithstanding Utah had intelligent, progressive people numbering at that time from sixty to seventy thousand, and had made rapid strides in industrial and financial development, and was well able to sustain the burdens of state government, the memorial was treated with coldness amounting to contempt. The treatment accorded their petitions was felt very keenly by the people of Utah. Their devotion to the union was unmistakably evidenced when, in 1862, they again sought admission to the sisterhood of states. While states were seceding and the fate of the re-