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History of Utah, 1540-1886 - Brigham Young University

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484<br />

THE GOVERNMENT IX ARMS.<br />

framing a constitution and state government. 6 As<br />

no notice was taken <strong>of</strong> this request, the convention<br />

met in March 1856, and the people again adopted a<br />

constitution <strong>of</strong> their own, under the style <strong>of</strong> the<br />

state <strong>of</strong> Deseret, resembling, though with some additions,<br />

the one framed in 1849. 7<br />

It was signed by<br />

every member <strong>of</strong> the convention, and together with<br />

a second memorial, was presented by John M. Bernhisel,<br />

who between 1851 and 1859 filled the position<br />

<strong>of</strong> territorial delegate. Both were again ignored, 3<br />

probably on the score <strong>of</strong> polygamy, for otherwise<br />

there were many arguments in favor <strong>of</strong> the Mormons.<br />

If their population was not yet large enough to en-<br />

title them to admission, it was larger than that <strong>of</strong><br />

several <strong>of</strong> the younger states when first admitted. 9<br />

They were a prosperous and fairly intelligent community;<br />

their wars with the Indian tribes had been<br />

conducted successfully, and at their own expense; at<br />

their own expense also they had constructed public<br />

buildings, roads, and bridges; they had conquered the<br />

desert, and amid its wastes had founded cities; there<br />

could be no doubt <strong>of</strong> their ability to maintain a state<br />

government; and thus far, at least, there was no valid<br />

reason to question their loyalt}*. That under these<br />

circumstances their memorial should be treated with<br />

contempt gave sore <strong>of</strong>fence to the saints. 10<br />

•A copy <strong>of</strong> it may be found in <strong>Utah</strong>, Acts Legist, (ed. 1855), 414-15.<br />

'The full text is given in Sen. Misc. Doc, 35th Cong. 1st Sess., iii. no.<br />

240; <strong>Utah</strong> Acts, 1855-6; Deseret News, Apr. 2, 1856.<br />

8 They were tabled in the senate on the 20th <strong>of</strong> April, 1858.<br />

•In 1854 W. Richards estimated the population <strong>of</strong> <strong>Utah</strong> at 40,000 to<br />

50,000. In Feb. 1856 Leonard W. Hardy, census agent, gave 76,335 as<br />

the number, <strong>of</strong> whom 37,277 were males and 39,058 females. The peace<br />

commissioners sent to the territory in 1858, after the <strong>Utah</strong> war, reported<br />

its population at the figures given by Richards. The census <strong>of</strong> 1860 was<br />

taken under some disadvantages. Gen. Burr was appointed to that duty by<br />

Marshal Dotson, a strong anti-Mormon, but as the saints murmured at this<br />

selection, a clerk in his store was chosen in his stead. The returns gave<br />

40,295 souls, including 29 apprentices, or so-called slaves, and are probably<br />

much within the actual figures. At this date the Mormons claimed a population<br />

<strong>of</strong> 90,000 to 100,000, which is doubtless an exaggeration. In order to<br />

show the number that would entitle them to admission as a state, they were<br />

accused <strong>of</strong> counting cattle and unborn children as souls. Burton's City <strong>of</strong> the<br />

Saints. 356-8. It is probable that the actual population in 1860 was about<br />

65,000.<br />

10 For comments on the admission <strong>of</strong> <strong>Utah</strong> as a state at this period, see

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