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History of Utah, 1540-1886 - Brigham Young University

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442 UTAH AS A TERRITORY.<br />

same term, and became ex <strong>of</strong>ficio president <strong>of</strong> the sen-<br />

ate; a secretary <strong>of</strong> state; an auditor; and a treasurer. 7<br />

The judiciary was to consist <strong>of</strong> a supreme court, and<br />

such inferior courts as the general assembly might<br />

establish. A chief justice and two associate judges<br />

were to be elected by a joint vote <strong>of</strong> the senate and<br />

house <strong>of</strong> representatives. 8<br />

All free white male residents <strong>of</strong> the state over the<br />

age <strong>of</strong> twenty-one were allowed a vote at the first<br />

election, 9 and all between the ages <strong>of</strong> eighteen and<br />

forty-five, except those exempt by the laws <strong>of</strong> the<br />

United States and <strong>of</strong> the state <strong>of</strong> Deseret, were to be<br />

armed, equipped, and trained as a state militia, embodied<br />

a few weeks later in the Nauvoo legion, which<br />

was now reorganized and divided into two cohorts,<br />

each cohort containing four regiments, each regiment<br />

two battalions, and each battalion five companies,<br />

Daniel H. Wells being major-general, and Jedediah<br />

M. Grant and Horace S. Eldredge brigadier-generals. 10<br />

7 The returns <strong>of</strong> each election for executive <strong>of</strong>ficials were to be sealed up<br />

and transmitted to the speaker <strong>of</strong> the house <strong>of</strong> representatives, who, during<br />

the first week <strong>of</strong> the session, must open and publish them in the presence <strong>of</strong><br />

both houses. They were required to take the same oath or affirmation as did<br />

the members <strong>of</strong> the assembly. Id., 60.<br />

8 The judges were to hold <strong>of</strong>fice for four years, or until their successors<br />

were elected.<br />

9 No person in the service <strong>of</strong> the U. S. government was to be considered<br />

a resident on account <strong>of</strong> his being stationed within the territory, unless<br />

otherwise provided by law. Vote was <strong>of</strong> course by ballot. <strong>Utah</strong>, Acts Legist.<br />

(ed. 1855), 53.<br />

10 Military districts were organized, one in each county. At the first there<br />

were only sufficient men in each district for a company or battalion. As the<br />

number increased, a brigade was formed, with a- brigadier-general in command,<br />

and afterward a division, in charge <strong>of</strong> a major-general. Each disti'ict<br />

made returns direct to the adjutant-general's <strong>of</strong>fice. Wells' Narr., MS., 10.<br />

In May, Charles C. Rich and Daniel H. 'Wells <strong>of</strong> the committee on military<br />

affairs reported that they had organized the legion. Grant was brigadier-general<br />

<strong>of</strong> the first cohort, John S. Fullmer being colonel <strong>of</strong> the<br />

first regiment, Willard Snow major <strong>of</strong> the first battalion, and George D.<br />

Grant captain <strong>of</strong> the first company, first battalion. The first regiment consisted<br />

entirely <strong>of</strong> cavalry, and the first company, first battalion—termed lifeguards—<strong>of</strong><br />

selected men, whose duty it was to protect Salt Lake City and its<br />

vicinity from Indian depredations. Eldredge was in command <strong>of</strong> the second<br />

cohort, with John Scott as colonel <strong>of</strong> the first regiment, Andrew Little major<br />

<strong>of</strong> the first battalion, and Jesse P. Harmon captain <strong>of</strong> the first company, first<br />

battalion, called the silver grays, and composed <strong>of</strong> men over 50 years <strong>of</strong> age.<br />

The second and third companies <strong>of</strong> this battalion were artillery. The second<br />

company, second battalion, <strong>of</strong> this regiment was termed the juvenile rifle<br />

company, and consisted <strong>of</strong> youths under eighteen. Hist. B. <strong>Young</strong>, MS., 79;

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