Hayward’s United States Gazetteer (1853) page 142

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142    UNITED STATES GAZETTEER.

UTAH is a newly-organized territory among the distant western possessions of the United
States, deriving its name from that of the Pah-Utahs, a numerous tribe of native Indians,
heretofore and still, with other tribes, occupying large portions of the country. It formerly
composed a very considerable share of the wide-spread wilderness known as Upper or New
California, and was consequently considered a Mexican dependency. Very few settlements
have ever been made or attempted within the present limits of this region; in fact, it has
scarcely been deemed habitable by civilized beings. The territory, together with that of
New Mexico, and of the lately-formed State of California, fell to the United States by right
of conquest, during the war with Mexico, and was duly transferred by the latter, under the
treaty of 1848. For further information as to the general history of the country, see the arti-
cles
California and New Mexico.

By the act of Congress passed September 9, 1850, establishing a territorial government for
Utah, the limits of the territory are defined as follows: Bounded on the west by the State of
California; on the north by the Territory of Oregon; on the east by the summit of the Rocky
Mountains; and on the south by the parallel of 37° north latitude, which forms the dividing
line between this territory and that of New Mexico. It extends from the 37th to the 42d
degrees of north latitude, and lies between the 107th and 120th degrees of west longitude;
having a breadth of 300, and an average length from east to west of some 600 miles, con-
taining an area of about 180,000 square miles.

It is provided by the same act, that this territory, when admitted as a state into the Union, shall
be received with or without the toleration of slavery, as may be prescribed by its own constitu-
tion. All free white males, residents in the territory at the date of said act, were empowered
to vote at the first elections, and made eligible to any office in the territory ; after which the
legislative assembly shall fix the qualifications of electors. The governor holds office for
four years, and receives his appointment from the executive of the United States. He must
reside within the territory, act as superintendent of Indian affairs, and commission all territo-
rial officers. He may pardon crimes against the laws of the territory, and reprieve offenders
against the United States laws, until the president's will be known. The President of the
United States also appoints a territorial secretary for a like term, who administers the govern-
ment in case of the governor's disability. A Council of 13 members, and House of Represen-
tatives, 26 in number, compose the legislative assembly. The former serve two years, the
latter one year, and are elected by plurality of the popular votes. They are to be chosen in
appropriate districts, and a due apportionment thereof is to be made by law. Legislative
sessions are not to continue beyond 40 days. No laws interfering with the primary disposal
of the soil, imposing taxes on United States property, or requiring extra taxes on property of
non-residents, can be passed by the legislature. No law is valid until approved by Congress.

A Supreme Court, District and Probate Courts, and justices of the peace, constitute the
judicial power of the territory. The former comprises a chief and two associate justices, to
sit annually at the seat of government, and to hold office four years. A District Court is held
by one of the supreme judges, at times provided by law, in each of the three judicial districts
of the territory. Justices of peace cannot try cases involving land titles, or debts exceeding
$100. Both the Supreme and District Courts have chancery powers, and common law juris-
diction. Appeals from a District to the Supreme Court cannot have trials by jury. An
attorney and marshal are appointed by the United States government for a term of four years.

After a survey of the lands under authority of the general government, two sections in each
township, equivalent to one eighteenth part of the whole territory, are to be set apart for the
support of public education. It is trusted that the sinister disposal, in some of the new states
and territories, of similar liberal provisions for this object, will in due time be guarded against,
in this territory, by the friends of common schools.

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