SYNOPSIS
1. Governments' Failures to Protect Mormons' Rights
2. Territorial Government in Utah
3. Conflicting Perspectives on the Constitution
1. Governments' Failures to Protect Mormons' Rights
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From the beginning Mormonism's founder, Joseph Smith, was a community builder. Converts were expected to gather to a designated
location to work and associate with others of their unique faith. For a number of reasons this was not tolerated. They were
driven from their settlements several times in Missouri and finally, under the edict of the Governor, to leave or die, they
were driven from the state in 1838. From 1839 to 1846 a large community of Latter Day Saints was gathered on the Mississippi
river in Illinois and built the city of Nauvoo. Many converts from the United States, Canada and Europe gathered to this new
Mormon headquarters. But again, a rapidly growing community of Mormons was not tolerated. In 1844, under the guaranteed protection
of the Illinois Governor, Joseph Smith and his brother were murdered by a mob and the Mormons were forced again to evacuate.
Many times the Mormons appealed to state, local and federal government for protection of their lives and property; for restitution
of their losses; and to insure their Constitutional right to live where they chose and freely exercise their religion. They
were typically disappointed. Devoutly committed to belief in the Constititution as a Divinely inspired document, they concluded
that officers, from local and state jurisdiction, to the President, were unwilling and/or unable to do their duty to protect
their guaranteed rights. When the Mormons were driven from Nauvoo in 1846, the decision was made to settle in the Great Salt
Lake Valley, then a Mexican possession. It was planned that from this headquarters a large portion of the West would be colonized
by small communites of Mormons.
2. Territorial Government in Utah
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The year after the area became a U.S. possession in 1848, the Mormons, with their strong affinity for the United States
and the Constitution, petitioned for statehood. Instead, they were granted territorial status in 1850. States enjoyed considerable
independence. The big national issue at the time was slavery. In some states it was legal; in others it was not. This, along
with the officials of the state government, was determined by the voice of the people. The peculiar mindset of the people
of each state was thus accomodated, within certain parameters. In the territories, however, the top officials - the governor,
the secretary, three judges who also comprised the territorial supreme court and the marshall - were all Presidential appointees.
This was certainly the main problem which lead to the Utah War. Clearly, the Mormons were a peculiar people with an intense
desire for self-government. They had demonstrated a remarkable willingness to be governed, but by leaders of their own choice.
3. Conflicting Perspectives on the Constitution
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For the Mormons, the issue was Constitutional rights. For the Federal Government, the issue was Constitutional authority.
Being driven from their homes in Missouri and Illinois, the Mormons believed they had been denied their Constitutional rights
to the free exercise of their religion. Further, from 1850-1857, Presidential appointees, some of whom the Mormons could not
tolerate for various reasons, were imposed upon them. The President had been petitioned to select appointees from a supplied
list of acceptable men. This was ignored resulting in considerable friction. Several appointees abandoned their positions
and gave exaggerated and even fabricated reports of their negative experience. This was widely circulated in the press. As
a result it was believed that the Mormons were in rebellion, a situation demanding a remedy through the strong exercise of
Federal authority. Some newspaper rhetoric was very hostile calling for the utter annihilation of Mormon fanaticism. President
James Buchanan Begins His Term James Buchanan was inagurated as the fifteenth President of the United States March 4, 1857.
Brigham Young had been appointed by President Millard Fillmore, in September 1850, to a four year term as the first Governor
of the Utah Territory. Governor Young took his oath of office in February 1851 and thus his first term expired in 1855. However,
President Pierce did not respond to strong encouragement to reappoint Governor Young, nor to equally strong encouragement
to appoint a new Governor. Thus by default, Governor Young "carried over" and continued as Governor awaiting action from the
President.