The Constitution of the State of Utah defines the basic form and operation of state government in Utah.
101-471: The Utah Constitution was drafted at a convention that opened on March 4, 1895 in Salt Lake City . The constitution was later approved by the citizens of Utah . It took several attempts to get a constitution approved by Congress. Utahns had drafted seven previous constitutions starting in 1849 as part of repeated attempts to become a state. However, Congress refused to admit Utah (or Deseret , as
202-548: A Mexican element advocating annexation of the entire country to the United States. The majority of congress supported the government's peace policy viewing in the Treaty of Guadalupe nothing but the unfortunate result of a poorly fought war, and viewed under this perspective as a national necessity. A foreign relations commission returned affirmative answers to two questions that congress had directed it to report upon: May
303-452: A bill, ten-year tax tax exemption status for mines, individual and corporate irrigation facilities would not be taxed, and strict limits on local government debt. Once again, the draft failed in congressional committee. In 1890, Wilford Woodruff , the fourth President of the Church of Jesus Christ of Latter-day Saints, issued a manifesto in which the practice of polygamy was prohibited in
404-432: A conquered enemy. Trist negotiated with a special commission representing the collapsed government led by José Bernardo Couto, Miguel de Atristain, and Luis Gonzaga Cuevas of Mexico. Although Mexico ceded Alta California and Santa Fe de Nuevo México , the text of the treaty did not list territories to be ceded and avoided the disputed issues that were causes of war: the validity of the 1836 revolution that established
505-473: A far better negotiating position than the military situation might have suggested. A further consideration was the growing opposition to slavery that had caused Mexico to end formal slavery in 1829 and its awareness of the well-known and growing sectional divide in the U.S. over the issue of slavery. It, therefore, made sense for Mexico to negotiate to play Northern U.S. interests against Southern U.S. interests. The Mexicans proposed peace terms that offered only
606-558: A large part of Chihuahua was supported by both senators from Texas ( Sam Houston and Thomas Jefferson Rusk ), Daniel S. Dickinson of New York, Stephen A. Douglas of Illinois, Edward A. Hannegan of Indiana, and one each from Alabama, Florida, Mississippi, Ohio, Missouri, and Tennessee. Most of the leaders of the Democratic party, Thomas Hart Benton , John C. Calhoun , Herschel V. Johnson , Lewis Cass , James Murray Mason of Virginia and Ambrose Hundley Sevier were opposed, and
707-565: A national guard. On 26 May 1848 the government received the commissioners Nathan Clifford and Ambrose Hundley Sevier who were in Mexico to negotiate the treaty after congress had approved it with some slight modifications. Meanwhile, the President had to deal with guerilla warfare throughout the country afflicting both the American occupiers and Mexican merchants. The aim of the guerillas
808-414: A rejection of peace terms so favorable to Northern interests might have the potential to provoke sectional conflict in the United States or perhaps even a civil war that would fatally undermine the U.S. military position in Mexico. Instead, these terms, combined with other Mexican demands (in particular, for various indemnities), only provoked widespread indignation throughout the United States without causing
909-590: A slave territory in 1852 and remained one until Congress prohibited slavery in all U.S. territories in 1862. The statehood application was rejected, and President James Buchanan went on to accuse Brigham Young of being a theocratic dictator in Utah and stirring up an insurrection. Thousands of federal troops were sent to depose Young, leading to the Utah War , and resulted in Alfred Cumming replacing Young as
1010-428: A state prison established, institutions for the disabled would be supported by the state, lending state money to companies and corporations would be prohibited, and the roster for voter-elected state officials would be expanded. A provision was also attached that, if the draft was accepted, allowed Congress to prescribe a condition of admission, possibly leaving room for the subject of polygamy to be debated later, though
1111-490: A territory, but leaders decided to apply for statehood instead in hopes of attaining greater autonomy, as territorial leaders would have been appointed by the United States President. The Council of Fifty , a political council originally established by Joseph Smith, produced the initial Constitution for the provisional State of Deseret . The Constitution was made up of eight articles and a preamble defining
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#17327760572681212-581: The American Civil War just over a decade later. Border disputes continued. Mexico's economic problems persisted, leading to the controversial Gadsden Purchase in 1854, intended to rectify an error in the original treaty, but led to Mexico demanding a large sum of money for the revision, which was paid. There was also William Walker 's short-lived Republic of Lower California filibustering incident in that same year. The Channel Islands of California and Farallon Islands are not mentioned in
1313-535: The American Civil War , and the United States crossed the border during the war of Second French intervention in Mexico . In March 1916, Pancho Villa led a raid on the U.S. border town of Columbus, New Mexico , which was followed by the Pershing expedition . The shifting of the Rio Grande since the signing of the Treaty of Guadalupe caused a dispute over the boundary between the states of New Mexico and Texas,
1414-475: The Deseret News , a newspaper published by the church, denied the notion of giving up polygamy for statehood. Further, Congress' imposed provision would have to be approved in a territorial election, which was unlikely. This draft died in a House committee in congress, the fourth failed attempt at gaining statehood. The fifth attempt at statehood saw a slightly revised version of the 1872 constitution. For
1515-575: The Disturnell map , then due west from this point to the 110th meridian west , then north along the 110th meridian to the Gila River and down the river to its mouth. Unlike the New Mexico segment of the boundary, which depended partly on unknown geography, "to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California ", a straight line was drawn from
1616-577: The Gadsden Purchase , which was carried out in 1853. In this purchase, the United States paid an additional $ 10 million (equivalent to $ 290 million in 2023) for land intended to accommodate a transcontinental railroad . However, the American Civil War delayed the construction of such a route, and it was not until 1881 that the Southern Pacific Railroad finally was completed as a second transcontinental railroad, fulfilling
1717-584: The Oregon boundary dispute ) arose between Great Britain (as the claimant of modern Canada) and the United States. On 10 November 1845, before the outbreak of hostilities, President James K. Polk sent his envoy, John Slidell , to Mexico. Slidell had instructions to offer Mexico around $ 5 million for the territory of Nuevo México and up to $ 40 million for Alta California . The Mexican government dismissed Slidell, refusing to even meet with him. Earlier in that year, Mexico had broken off diplomatic relations with
1818-574: The Republic of Texas as an independent country, had warned that annexation would be viewed as an act of war . Both the United Kingdom and France recognized the Republic of Texas's independence and repeatedly tried to dissuade Mexico from declaring war against its northern neighbor. British efforts to mediate the quandary proved fruitless, in part because other political disputes (particularly
1919-501: The Republic of Texas , Texas's boundary claims as far as the Rio Grande, and the right of the Republic of Texas to arrange the 1845 annexation of Texas by the United States. Instead, Article V of the treaty described the new U.S.–Mexico border . From east to west, the border consisted of the Rio Grande northwest from its mouth to the point where it strikes the southern boundary of New Mexico (roughly 32 degrees north), as shown in
2020-505: The U.S. Constitution ; and That the constitution was formed as republican (no distinction in civil or political rights on account of race, doesn’t contain anything that’s in conflict with the US constitution, and people both from the United States government and from the citizens governed in the Utah territory agreeing to the new Utah State Constitution). It also needed to include these four provisions: The Utah Constitutional Convention of 1895
2121-543: The United States Senate eliminated Article X, which stated that the U.S. government would honor and guarantee all land grants awarded in lands ceded to the United States by those respective governments to citizens of Spain and Mexico. Article VIII guaranteed that Mexicans who remained more than one year in the ceded lands would automatically become full-fledged United States citizens (or they could declare their intention of remaining Mexican citizens); however,
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#17327760572682222-485: The Wasatch Mountains . In 1872 a constitutional convention was held to draw up a brand new constitution for the state of Deseret, one that could gain support from the increasing non-Mormon population. Beginning in the 1860's, Brigham Young pushed for Latter-day Saints to become more economically self-sufficient, which led to boycotts of non-Mormon businesses, adding to existing tensions. The 1872 iteration of
2323-473: The 21st century. The United States also agreed to assume $ 3.25 million (equivalent to $ 114.5 million today) in debts that Mexico owed to United States citizens. The residents had one year to choose whether they wanted American or Mexican citizenship; over 90% chose American citizenship. The others moved to what remained of Mexico (where they received land) or, in some cases in New Mexico, were allowed to remain in place as Mexican citizens. Article XII engaged
2424-555: The Church's legal status, and would allow the government to seize church assets. In June 1887, the People's Party , composed mostly of Latter-day Saints, joined with the Liberal, Republican, and Democratic parties to draft another constitution, with great resistance from the Liberal party. The new draft included an anti-polygamy provision, while church leaders still clung to the practice. The new draft included provisions to veto parts of
2525-544: The Church, and limited the amount of property the Church could possess to $ 50,000. These measures were not thoroughly enforced. The Utah legislature sent a slightly-altered version of the Constitution to Congress in 1867, but it was ignored. By 1870, Utah had gained a population of over 86,000, despite having lost territory to the new state of Nevada. The demographics of the territory had changed as other people began pouring in, primarily because of mining opportunities in
2626-790: The Committee on Site and Furniture, the Committee on Stenographer, and the Committee on Standing Committees) to committees in charge of different sections of the constitution (like the Legislative, Judiciary and Executive committees, and the Committee on the Preamble and Declaration of Rights). Then there were the committees which dealt with a number of important topics relevant to their state politics, including committees for Federal Relations, Education and School Lands, Public Buildings and State Institutions, Water Rights/Agriculture, Public Lands, Taxation and Public Debt, Public Officers Salaries and
2727-458: The Gadsden purchase of 1854, had significant implications for the Treaty of Guadalupe Hidalgo. Article II of the treaty annulled article XI of the Treaty of Guadalupe Hidalgo, and article IV further annulled articles VI and VII of Guadalupe Hidalgo. Article V, however, reaffirmed the property guarantees of Guadalupe Hidalgo, specifically those contained within articles VIII and IX. In addition to
2828-469: The Mexican government was reluctant to agree to the loss of California and New Mexico. Even with its capital under enemy occupation, the Mexican government was inclined to consider factors such as the unwillingness of the U.S. administration to annex Mexico outright and what appeared to be deep divisions in domestic U.S. opinion regarding the war and its aims, which caused it to imagine that it was actually in
2929-542: The Militia, and Mines/Mining. Also among the committees was the Committee on Elections and Right of Suffrage, notable because of how much statewide attention the question of women’s suffrage had garnered leading up to and during the Utah Constitutional Convention. One of the most controversial issues that was addressed during the convention was voting rights for women . This was not because
3030-684: The Non-Mormon Liberal Party was actively opposing statehood, as it would give voting power to the Mormon electorate instead of having officials chosen by the federal government. Pressure on the church came to an all-time high when Congress passed the Edmunds–Tucker Act early in 1887. Yet another amendment to the initial Edmunds Act, the Edmunds–Tucker Act disenfranchised women and anyone who supported polygamy, eliminated
3131-443: The Republic of Texas included no territory west of the Rio Grande. The Mexican Cession included essentially the entirety of the former Mexican territory of Alta California , but only the western portion of Santa Fe de Nuevo Mexico , and includes all of present-day California , Nevada and Utah , most of Arizona , western portions of New Mexico and Colorado , and the southwestern corner of Wyoming . Articles VIII and IX ensured
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3232-620: The Senate modified Article IX, changing the first paragraph and excluding the last two. Among the changes was that Mexican citizens would "be admitted at the proper time (to be judged of by the Congress of the United States)" instead of "admitted as soon as possible", as negotiated between Trist and the Mexican delegation. An amendment by Jefferson Davis giving the United States most of Tamaulipas and Nuevo León , all of Coahuila , and
3333-467: The State Department under President Polk, finally negotiated a treaty with the Mexican delegation after ignoring his recall by President Polk in frustration with the failure to secure a treaty. Notwithstanding that the treaty had been negotiated against his instructions, given its achievement of the major American aim, President Polk passed it on to the Senate. The Treaty of Guadalupe Hidalgo
3434-447: The Treaty. The border commission also faced many difficulties in mapping out the border, with the surveying process lasting over 7 years, due to the challenges of marking out a border in such a vast desolate territory and negotiating with indigenous Americans who had not been considered in the prior treaty negotiations. The armed forces of both countries routinely crossed the border. Mexican and Confederate troops often clashed during
3535-461: The U.S. Although each state had different motivations for adopting the Spanish approach, one common driver was that it was already in place in the region for many years. Changing to a common law system for marital property "would have been nothing short of a revolution". The United States received the territories of Alta California and Santa Fe de Nuevo México . Today they comprise some or all of
3636-447: The U.S. envoy, Nicholas Trist . The resulting treaty required Mexico to cede 55 percent of its territory including the present-day states of California , Nevada , Utah , most of Colorado , New Mexico and Arizona , and a small portion of Wyoming . Mexico also relinquished all claims for Texas and recognized the Rio Grande as the southern boundary of Texas. In turn, the U.S. government paid Mexico $ 15 million "in consideration of
3737-440: The U.S. government for damages done by Comanche and Apache raids between 1848 and 1853. In 1853, in the Treaty of Mesilla concluding the Gadsden Purchase , Article XI was annulled. The land that the Treaty of Guadalupe Hidalgo brought into the United States became, between 1850 and 1912, all or part of nine states: California (1850), Nevada (1864), Utah (1896), and Arizona (1912), as well as, depending upon interpretation,
3838-623: The U.S. government within a year of the Treaty being signed; otherwise, they could remain Mexican citizens, but they would have to relocate. Between 1850 and 1920, the U.S. Census counted most Mexicans as racially "white". Community property rights in California and other western states are based on the Visigothic Code which Spain adopted and then brought to the Americas, including the former territories of Mexico that were ceded to
3939-459: The U.S. states of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. While this land was vast in area, most of it was very sparsely populated, inhabited mostly by indigenous Americans, rather than white Americans or Mexicans. Disputes about whether to make all this new territory into free states or slave states contributed heavily to the rise in North–South tensions that led to
4040-482: The United States has had requests for statehood denied or ignored by Congress as many times as Utah. Utah's territorial government unsuccessfully applied for statehood six times before the Constitutional Convention of 1895. To Congress, Utah was un-American for several reasons, including theocracy , economy, polygamy, and slavery. The first attempt at a constitution was initially just to govern
4141-491: The United States to pay, "In consideration of the extension acquired", 15 million dollars (equivalent to $ 530 million today), in annual installments of 3 million dollars. Article XI of the treaty was important to Mexico. It provided that the United States would prevent and punish raids by Indians into Mexico, prohibited Americans from acquiring property, including livestock, taken by the Indians in those raids, and stated that
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4242-491: The United States would return captives of the Indians to Mexico. Mexicans believed that the United States had encouraged and assisted the Comanche and Apache raids that had devastated northern Mexico in the years before the war. This article promised relief to them. Article XI, however, proved unenforceable. Destructive Indian raids continued despite a heavy U.S. presence near the Mexican border. Mexico filed 366 claims with
4343-527: The United States, based partly on its interpretation of the Adams–Onís Treaty of 1819, under which newly independent Mexico claimed it had inherited rights. In that agreement, the United States had "renounced forever" all claims to Spanish territory. Neither side took any further action to avoid a war. Meanwhile, Polk settled a major territorial dispute with Britain via the Oregon Treaty , which
4444-590: The United States, the 1.36 million km (530,000 sq mi) of the area between the Adams-Onis and Guadalupe Hidalgo boundaries outside the 1,007,935 km (389,166 sq mi) claimed by the Republic of Texas is known as the Mexican Cession . That is to say, the Mexican Cession is construed not to include any territory east of the Rio Grande, while the territorial claims of
4545-593: The United States, would have been presumed by Northerners to be forever free of slavery. The Mexicans also offered to recognize the freedom of Texas from Mexican rule and its right to join the Union but held to its demand of the Nueces River as a boundary. While the Mexican government could not reasonably have expected the Polk Administration to accept such terms, it would have had reason to hope that
4646-400: The United States. Nicholas Trist negotiated the peace talks; Trist, the chief clerk of the U.S. State Department , accompanied General Winfield Scott as a diplomat and President James K. Polk 's representative. After two previous unsuccessful attempts to negotiate a treaty with General José Joaquín de Herrera , Trist and General Scott determined that the only way to deal with Mexico was as
4747-538: The Utah Constitution may provide greater protection than does the federal Bill of Rights . It is now clear that Article I, § 14 of the Utah Constitution provides greater protection to the privacy of the home and automobiles than does the Fourth Amendment . The expansion of the protection afforded by the state constitution has not been based upon distinctions in the language used, nor has it been
4848-577: The Utah Supreme Court expressed "surpris[e]" in "[t]he reluctance of litigants to take up and develop a state constitutional analysis," ibid., the court expressly invited future litigants to bring challenges under the Utah Constitution to enable it to fulfill its "responsibility as guardians of the individual liberty of our citizens" and "undertak[e] a principled exploration of the interplay between federal and state protections of individual rights," id., at 511. The original and current editions of
4949-603: The Utah territory. In the following years, the People's Party and the Liberal Party would disband. Church leaders were working with national Republican officials on progressing towards statehood. In 1892, Joseph L. Rawlins , a Democrat, won the election and became Utah's non-voting representative in congress. The following year, he introduced the Enabling Act and worked with both Republicans and Democrats until it
5050-566: The acquired territories) failed 15–38 on sectional lines. The treaty was leaked to John Nugent before the U.S. Senate could approve it. Nugent published his article in the New York Herald and, afterward, was questioned by senators. He was detained in a Senate committee room for one month, though he continued to file articles for his newspaper and ate and slept at the home of the sergeant at arms. Nugent did not reveal his source, and senators eventually gave up their efforts. The treaty
5151-519: The amendment was defeated 44–11. An amendment by Whig Sen. George Edmund Badger of North Carolina to exclude New Mexico and California lost 35–15, with three Southern Whigs voting with the Democrats. Daniel Webster was bitter that four New England senators made deciding votes for acquiring the new territories. A motion to insert into the treaty the Wilmot Proviso (banning slavery from
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#17327760572685252-518: The capital. On 30 May 1848, when the two countries exchanged ratifications of the treaty of Guadalupe Hidalgo, they further negotiated a three-article protocol to explain the amendments. The first article stated that the original Article IX of the treaty, although replaced by Article III of the Treaty of Louisiana , would still confer the rights delineated in Article IX. The second article confirmed
5353-671: The church's founder and first President Joseph Smith was killed by a mob , the Latter-day Saints left Nauvoo. The second President of the church, Brigham Young , led the Latter-day Saints westward into Mexican territory along what is now known as the Mormon Trail . They arrived in what would become the Utah Territory in the summer of 1847. In 1848, the land occupied by the Latter-day Saint settlers
5454-494: The constitution have some unusual or unique provisions: Utah Constitutional Convention of 1895 The Utah Constitutional Convention was held from March 4, 1895 to May 8, 1895. The 1895 convention was the Utah Territory 's seventh and final attempt to be admitted to the United States as a state. The Constitution of Utah was accepted by Congress and President Grover Cleveland , leading to Utah's admittance into
5555-440: The constitution was more complex than the previous versions, having based much of it on Nevada's constitution. Utah had voted to allow women voting rights in 1870, and this constitution protected voting rights for men and women over the age of twenty-one. Legislation regarding education would be impartial to all, regardless of gender, citizenship-status, race, or religion. Slavery was officially outlawed, jury trial provisions amended,
5656-497: The constitutional convention, but they still found ways to make their voices heard. They held rallies before the convention and had influential women speak at the convention on why it was important for Utah as a whole for women to be able to vote. While the majority of the delegates supported women being able to vote, some of them worried that including the suffrage clause in the Utah State Constitution would put
5757-488: The convention was March 4, 1895, and the last day was May 8 of the same year, with delegates working on fifty-five days of the sixty-six day period. On the third day of the convention, John Henry Smith, an apostle in the church, was made permanent president of the assembly. The delay in choosing a permanent president of the assembly was the result of a vacancy in the five delegate seats from the third precinct of Salt Lake City. Utah delegates, not wanting to deny that portion of
5858-525: The convention, what day they would begin (March 4, 1895), and any other stipulations or provisions that must be included in the constitution in order for Utah to receive statehood. These provisions are outlined in Section 3 of the Act, and include the following: That the delegates meet on the agreed date to organize a convention, and that on that day after they’ve officially organized they declare their support of
5959-446: The delegates were opposed to the idea of women’s suffrage; on the contrary, both the republican and the democrat political parties in Utah had initially expressed their support for the moment and promised to include the issue in the convention agenda. Rather, as the date of the convention drew near, some delegates began to worry that attempting to pass the new constitution with political rights for women would be more complicated than, with
6060-494: The entire state of Texas (1845), which then included part of Kansas (1861); Colorado (1876); Wyoming (1890); Oklahoma (1907); and New Mexico (1912). The area of domain acquired was given by the Federal Interagency Committee as 338,680,960 acres. The cost was $ 16,295,149 or approximately 5 cents an acre. The remainder (the southern parts) of New Mexico and Arizona were peacefully purchased under
6161-401: The extension acquired by the boundaries of the United States" and agreed to pay debts owed to American citizens by the Mexican government. Mexicans in areas annexed by the U.S. could relocate within Mexico's new boundaries or receive American citizenship and full civil rights. The United States ratified the treaty on 10 March and Mexico on 19 May. The ratifications were exchanged on 30 May, and
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#17327760572686262-593: The first time some of the convention's delegates were women, and the new draft was for the "Constitution of the State of Utah" rather than the State of Deseret. This convention was held just after the passage of the Edmunds Act , which strengthened the enforcement of the anti-polygamy laws in effect from the Morrill Anti-Bigamy Act. Once again, the draft failed in a congress committee. By this time,
6363-436: The government with the consent of Congress cede a portion of territory? Is it suitable to make peace upon the terms which have been proposed? The first question was resolved based upon the principle that congress was the deposit of the national sovereignty. The second question was resolved upon the consideration that Mexico had never been in full possession of the territories that were about to be ceded, and that most of that land
6464-671: The legitimacy of land grants pursuant to Mexican law. The protocol further noted that the Mexican Minister of Foreign Affairs had accepted said explanations on behalf of the Mexican Government, and was signed in Querétaro by A. H. Sevier, Nathan Clifford and Luis de la Rosa . The United States would later ignore the protocol on the grounds that the U.S. representatives had over-reached their authority in agreeing to it. The Treaty of Mesilla , which concluded
6565-592: The mouth of the Gila to one marine league south of the southernmost point of the Port of San Diego , slightly north of the previous Mexican provincial boundary at Playas de Rosarito . Comparing the boundary in the Adams–Onís Treaty to the Guadalupe Hidalgo boundary, Mexico conceded about 55% of its pre-war, pre-Texas territorial claims and now has an area of 1,972,550 km (761,610 sq mi). In
6666-564: The movement did not draw widespread support. President Polk's State of the Union address in December 1847 upheld Mexican independence and argued at length that occupation and any further military operations in Mexico were aimed at securing a treaty ceding California and New Mexico up to approximately the 32nd parallel north and possibly Baja California and transit rights across the Isthmus of Tehuantepec . Despite several military defeats,
6767-691: The number of border markers from 6 to 53. Most of these markers were simply piles of stones. Two later conventions, in 1882 and 1889, further clarified the boundaries, as some of the markers had been moved or destroyed. Photographers were brought in to document the location of the markers. These photographs are in Record Group 77, Records of the Office of the Chief Engineers, in the National Archives. The southern border of California
6868-459: The opportunity regain them. In a letter to women in Utah in July 1894, women's rights advocate Susan B. Anthony advised, “Now in the formative period of your constitution is the time to establish justice and equality to all the people…. Once ignored in your constitution–you’ll be as powerless to secure recognition as we are in the older states.” Women could not vote for which delegates should attend
6969-410: The people of Utah faced obstacles much greater than just having a small population; Two of the major roadblocks to statehood were the practices of slavery and polygamy , what Republicans referred to as the twin relics of barbarism . In 1852, Latter-day Saints openly acknowledged the practice of polygamy within the territory, igniting nationwide hostilities against them. Utah had also voted to become
7070-464: The population their representatives and risk failing to comply with the number of delegates listed in the Enabling Act, and still wanting to begin on March 4 as instructed, established a temporary president, James N. Kimball, on the second day of the convention. There were a total of 33 committees organized for the convention. These ranged from committees in charge of logistical details (such as
7171-526: The proposed boundaries. The articles established three branches of government, limited voting rights to white men, and mentioned the separation of church as well as the freedom of religion. Slavery was not mentioned. The provisions on religion were written to persuade congress that the state would not be a Latter-day Saint theocracy. Stephen A. Douglas presented the proposed Constitution before Congress, and John M. Bernhisel and Thomas L. Kane lobbied Congress for Utah statehood. While its request for statehood
7272-602: The purpose of the acquisition. Mexico had claimed the area in question since winning its independence from the Spanish Empire in 1821 following the Mexican War of Independence . The Spanish had conquered part of the area from the American Indian tribes over the preceding three centuries. Still, powerful and independent indigenous nations remained within that northern region of Mexico. Most of that land
7373-470: The result of Utah's unique political and religious history. The Utah Supreme Court has embraced broader constructions as "an appropriate method for insulating this state's citizens from the vagaries of inconsistent interpretations given to the fourth amendment by the federal courts." The Utah Supreme Court has repeatedly invited litigants to raise and adequately brief state constitutional issues. In Brigham City v. Stuart , 2005 UT 13, ¶10, 122 P. 3d 506, 510,
7474-432: The safety of existing property rights of Mexican citizens living in the transferred territories. Despite assurances to the contrary, land grants by the Mexican government to its citizens were often not honored by the United States because of unilateral modifications to and interpretations of the Treaty and U.S. legal decisions. Land disputes between the descendants of Mexican land owners and Anglo Americans continued into
7575-530: The sale of Alta California north of the 37th parallel north — north of Santa Cruz, California and Madera, California and the southern boundaries of today's Utah and Colorado. Anglo-American settlers already dominated this territory, but perhaps more importantly from the Mexican point of view, it represented the bulk of pre-war Mexican territory north of the Missouri Compromise line of parallel 36°30′ north — lands that, if annexed by
7676-483: The sale of land, the treaty also provided recognition of the Rio Grande as the boundary between the state of Texas and Mexico. The land boundaries were established by a survey team of appointed Mexican and American representatives, and published in three volumes as the United States and Mexican Boundary Survey . On 30 December 1853, the countries, by agreement, altered the border from the initial one by increasing
7777-472: The sectional conflict the Mexicans hoped for. Jefferson Davis advised Polk that if Mexico appointed commissioners to come to the United States, the government that appointed them would probably be overthrown before they completed their mission, and they would likely be shot as traitors on their return; so that the only hope of peace was to have a U.S. representative in Mexico. Nicholas Trist, chief clerk of
7878-456: The sentiment being “wait til we are a state, then we will give to women suffrage.” Women had previously enjoyed the right to vote in the Utah Territory between 1870 and 1887, but had lost that right following the 1887 Edmunds–Tucker Act , which stripped away voting rights not only from men and women practicing polygamy, but from all women residing in the Utah territory. Upon losing voting rights, women suffragist movements waited and prepared for
7979-518: The signing of the "Capitulation Agreement" at " Campo de Cahuenga " and the end of the Taos Revolt . By the middle of September 1847, U.S. forces had successfully invaded central Mexico and occupied Mexico City. Some Eastern Democrats called for complete annexation of Mexico and recalled that a group of Mexico's leading citizens had invited General Winfield Scott to become dictator of Mexico after his capture of Mexico City (he declined). However,
8080-562: The territorial governor. However, Brigham Young, still president of the Church of Jesus Christ of Latter-day Saints, retained great power in the Mormon-dominant population of Utah. A third Constitution, virtually the same as the previous two, was sent to Congress and denied in 1862. That same year, Congress passed the Morrill Anti-Bigamy Act , which penalized anyone married to more than one spouse, disincorporated
8181-623: The territory originally wished to be called), until the Mormon settlers of Utah renounced polygamy . Beginning with Hansen v. Owens , 619 P.2d 315 (Utah 1980), the Utah Supreme Court embarked upon a short-lived venture during which the court interpreted Article I, § 12 of the Utah Constitution as providing greater protection against self-incrimination than that which is provided by the Fifth Amendment . The Hansen decision
8282-506: The treaty was proclaimed on 4 July 1848. The U.S. Senate ratified the treaty by a vote of 38–14. The opponents of this treaty were led by the Whigs , who had opposed the war and rejected manifest destiny in general, and rejected this expansion in particular. The amount of land gained by the United States from Mexico was further increased due to the Gadsden Purchase of 1853, which ceded parts of present-day southern Arizona and New Mexico to
8383-457: The union as the 45th state on January 4, 1896. Since its early settlement by Mormon pioneers , Utah was unlike any other territory in the United States. Mormons had a history of moving from state-to-state in response to conflict and persecution. From its founding in New York in 1830, the church had moved to Missouri , Ohio , and Illinois , where they established the city of Nauvoo . After
8484-421: The whole constitution at risk of being denied, either by the people of Utah or by Congress. B. H. Roberts was particularly vocal about his concerns within the convention. Outside of the convention there were a number of businesses and individuals opposed to suffrage that held their own meetings. Such movements led people to consider whether it was worth trying to pass the constitution with women's suffrage, or if it
8585-567: Was also possible. The names and counties of the 107 delegates present at the Utah Constitutional Convention of 1895: Treaty of Guadalupe Hidalgo The Treaty of Guadalupe Hidalgo officially ended the Mexican–American War (1846–1848). It was signed on 2 February 1848 in the town of Guadalupe Hidalgo . After the defeat of its army and the fall of the capital in September 1847, Mexico entered into peace negotiations with
8686-417: Was approved by Congress and signed by President Grover Cleveland on July 16, 1894. This act made it possible for Utah to organize another constitutional convention in which a Constitution and a state government would be made. It provided Utah a path to enter the Union as a State on equal footing with the other states. The Enabling Act also outlined how many delegates each county would be able to send to
8787-469: Was based upon the unique language of Article I, § 12, which speaks in terms being compelled "to give evidence against [one]self" rather than being compelled "to be a witness against [one]self." A mere five years later the court retreated from this position and in American Fork City v. Crosgrove , 701 P.2d 1069 (Utah 1985), overruled Hansen . This, however, did not put an end to the notion that
8888-407: Was better to get the constitution passed first and then worry about suffrage. Women suffragists like Ruth May Fox and Lucy Heppler were not willing to see their window of opportunity close. They, and many other women, gathered signatures from twenty Utah counties in support of women's suffrage. The number of signatures in favor of women's voting rights surpassed those opposed to it, and so suffrage
8989-425: Was busy trying to resolve the issue of slavery, but Utah's small population also contributed to its denial of statehood, as a minimum number of 60,000 eligible voters was a standard benchmark in creating a new state and Utah only had around 11,380 residents. Discontent between the people of Utah and their federally appointed government leaders and judges contributed to another attempt at gaining statehood. This time,
9090-499: Was denied, Utah did become a United States territory as part of the Compromise of 1850 , and President Millard Fillmore appointed Brigham Young, who was still the president of the church, to be the governor of the territory. The territory's borders were considerably smaller than what was proposed, but still spanned across present-day Utah, Nevada, and a small portion of Colorado. At the time of application, United States Congress
9191-629: Was designated as a line from the junction of the Colorado and Gila rivers westward to the Pacific Ocean so that it passes one Spanish league south of the southernmost portion of San Diego Bay. This was done to ensure that the United States received San Diego and its excellent natural harbor. The treaty extended the choice of U.S. citizenship to Mexicans in the newly purchased territories before many African Americans, Asians, and Native Americans were eligible. If they chose to, they had to declare to
9292-431: Was either not populated, or populated by hostile indigenous tribes. It was also taken into account that Mexico could not continue the war without facing certain defeat and risking the loss of the entire country. After the commission reported its findings, the Treaty of Guadalupe Hidalgo was approved by congress. President Peña y Peña prepared decrees to prevent disorder in the capital once the occupiers left and to establish
9393-615: Was included within the Utah State Constitution, restoring to women in Utah the right to vote. Utah women played an important role in advancing the women's suffrage movement nationwide. After the constitutional convention, Susan B. Anthony visited Utah along with Anna Howard Shaw and Emmeline B. Wells . Anthony addressed a large congregation of women at the Salt Lake Tabernacle and congratulated them on their successful fight for suffrage. She believed that if women in Utah could achieve voting rights, nationwide women's suffrage
9494-528: Was made up of 107 delegates. The convention’s proceedings were held in a courtroom on the third floor of the Salt Lake City and County Building . Notable attendees include John Henry Smith , Parley P Christensen , B. H. Roberts , Orson F. Whitney , Franklin S. Richards , Charles S. Varian, C. C. Goodman, Karl G. Maeser , Lorin Farr and Heber M. Wells (For a complete list of delegates, see List of Utah Constitutional Convention Delegates). The first day of
9595-522: Was occupied, and were now faced with the task of negotiating the treaty while dealing with separatism and anarchy spreading throughout the country. The Caste War was ongoing in Yucatán, and the insurgents in that conflict had occupied the major cities. Many states considered the federal government to be an enemy and refused to pay taxes. Meanwhile, most notably in the Federal District there was
9696-426: Was part of the vast area acquired by the United States as a result of the Treaty of Guadalupe Hidalgo . The discovery of gold in California led to many Americans traveling through the area. These events marked an end to the Latter-day Saints' isolation from the United States. Latter-day Saint leaders quickly sought to become a United States territory, and statehood became the goal around 1849. No other territory in
9797-418: Was signed by Nicholas Trist (on behalf of the United States) and Luis G. Cuevas, Bernardo Couto, and Miguel Atristain as plenipotentiary representatives of Mexico on 2 February 1848 at the main altar of the old Basilica of Guadalupe at Villa Hidalgo (within the present city limits) as U.S. troops under the command of Gen. Winfield Scott were occupying Mexico City . The version of the treaty ratified by
9898-676: Was signed on 15 June 1846. By avoiding any chance of conflict with Great Britain, the United States was given a free hand regarding Mexico. After the Thornton Affair of 25–26 April, when Mexican forces attacked an American unit in the disputed area, with the result that 11 Americans were killed, five wounded, and 49 captured, Congress passed a declaration of war, which Polk signed on 13 May 1846. The Mexican Congress responded with its own war declaration on 23 April 1846. U.S. forces quickly moved beyond Texas to conquer Alta California, and New Mexico. Fighting there ended on 13 January 1847 with
9999-599: Was subsequently ratified by the U.S. Senate by a vote of 38 to 14 on 10 March 1848 and by Mexico through a legislative vote of 51 to 34 and a Senate vote of 33 to 4, on 19 May 1848. News that New Mexico's legislative assembly had just passed an act for the organization of a U.S. territorial government helped ease Mexican concern about abandoning the people of New Mexico. The treaty was formally proclaimed on 4 July 1848. The Mexican Congress and President Manuel de la Peña y Peña met at Querétaro City in May, 1848 while Mexico City
10100-573: Was to disrupt the American supply chain from Veracruz to the capital. This was also leading to indiscriminate American reprisals. As the peace treaty was concluded and the occupiers were on the point of leaving the country, congress named Jose Joaquin Herrera to the presidency of the republic, and Peña y Peña left his post as president in exchange for the presidency of the Supreme Court on 3 June 1848. The government left Querétaro and returned to
10201-502: Was too dry and too mountainous to support a large population. About 80,000 Mexicans inhabited California, New Mexico, Arizona, and Texas during the period 1845 to 1850, with far fewer in Nevada , southern and western Colorado, and Utah. On 1 March 1845, U.S. President John Tyler signed legislation to authorize the United States to annex the Republic of Texas , effective on 29 December 1845. The Mexican government, which had never recognized
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