History of Utah, 1540-1886 - Brigham Young University

DISPUTES WITH THE FEDERAL OFFICIALS. 459
resolution was passed, enjoining the United States
marshal to take into his custody all the government
funds and other public property in possession of the
secretary. 42
This resolution was presented to Harris,
together with an order for $500 to defray the incidental
expenses of the assembly. The secretary ignored
the resolution and refused to pay the order, under
the plea that the members were not legally elected.
Among the grounds on which the secretary declared
the election illegal was, that before the votes were
cast the governor had failed to take a census of the
territory, as provided in the organic act; this the latter
attributed to the miscarriage of instructions and
blanks, which had not even yet arrived. 43 On the
other hand, it was clearly the duty of the secretary, as
stated in that act, to remain in the territory during his
tenure of office. Moreover, the judges organized and
held a session of the supreme court before any time or
place was appointed for such session by the executive
or legislative authorities, and apparently for the purpose
of shielding the secretary. On the 26th Brigham
addressed a letter to the court, asking their opinion
as to his duty with reference to the organic act, which
required that the governor should take care that the
laws were faithfully executed, and that the secretary
should reside within the territory. No answer was
returned; and after the district attorney had been
meet at such places and on suck day as the governor shall appoint, but that
thereafter the time, place, and manner of conducting elections, and the day for
the opening of the regular sessions, shall be prescribed by law.
i2 Hist. B. Young, MS., 1851, p. 99.
a In a letter to Willard Richards, president of the council, and W. W.
Phelps, speaker of the representatives, dated Sept. 25, 1851, Harris declares
the election illegal on the grounds— 1st. That no census had been taken; 2d.
That the governor's proclamation was faulty in form and substance; 3d.
That 'aliens voted indiscriminately with American citizens, and those recognized
as such by the treaty with Mexico;' 4th. That 'aliens acted as officers
at the polls, and were elected to office;' 5th. That 'officers not authorized to
be chosen were voted for and elected;' 6th. That legal and timely notice of
the election was not given; 7th. That the time and place for the first meeting
were not duly appointed. Uouxe Ex. Doc, 32d Cong. 1st Sess., no. 25,
pp. 25-6. Albert Carrington was chosen clerk of the representatives, and
James Cragun sergeant-at-arms; Howard Coray secretary of the council, and
Wm H. Kimball sergeant-at-arms. Utah, Jour. Legid., 1851-2, pp. 5, 46.