The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-17

IS thus granted, subject only to the
power of the Congress to recall
limit or enlarge is supreme: and s6
far as the internal regulation of the
affairs OF a territory is concerned
cOnfeTs upon the people within the
territory q governmental existence
In accordance with this usual
custom, the Congress of the United
States, on the 9Th of September
1850, passed an act to establish y
territorial government for Utah
Prior to this enactment no distEc-
tive parcel of the domain of the
government was known as tie ter.
ritOry of Utah. When that enact.
ment was passed, it came into ey.
istence. its boundaries were estab-
lished and the form OF its govern
ment under the Constitution and
laws of the United States was
marked oGt, and the power of en-.
teI2ng into the business of FORMING
a territorial government was con-
ferred upon the people therein.
The executive power and autbo-
Tity was vested in a governor who
was to be appointed by the President
of the United States. A Secretarv
was to be appointed in like manner
The legislative power and AUTHORITY
was vested in a governor and =
legislative assembly.
Section 1 of this Organic Act pro-
vided the way and means of elect.
ing the members of the Legislative
Assembly. By this section it is
provided that previous to the first
election, the Governor should cause
q census or enum Grafton of the in
habitants Of the several counties
and districts Of the Territory to be
taken, and the first election Should
be held at such time and places, and
be conducted in such manner as the
Governor should appoint and direct.
And the persons thus
elected to the Legislative Assembly
should meet at such place and On
such day as the Governor should
appoint; but thereafter, the time
and place and manner OF holding
and conducting ali elections by the
DeoDle > should ba
prescribed by law enacted bv the
Territorial Legislature. The means
there being provided for holding a
first election, Congress, by Section 3.
of the Organic Act, provided who
should be entitled to vote at that
election, and enacted ''thaS every
free, GOhite male iGhG6jtGnt above
the age Of q years, who shall have
been a resident Of said Territory at
the time Of the passage of this Act
September 9, 1850 shall be entitled
To vote st the first election"
By this provision then, at this first
election, any inhabitant, and this
he be a citizen of the
United States or not, being a free,
white male above the age Of twenty
one years. who shall have been a
resident IL the Territory, September
3, 1850, was d voter. So far as that
election was concerned, the qualifca-
tons of one to be a voter theTeaJ
were two in number, viz:
First-A free, white. male inhab-
liant, above the age Of twenty-One
years.
Second He must have been
resident of the Territory at the
time of the passage of the Organic
Act, September 9th, 1850.
Persons having these prerequisite
became voters, and by
their votes elected Legislative
Assembly, and that Legislative As
sembly was the one which by the
provisions of section 4 Of the Organic
Act was to meet at such place and
OH such day as the Governor should
appoint. When it was so elected.
and did so meet, then it had the
power to prescribe by law the time,
place and manner Of holding and
conducting all elections by the PEG
pie. Section ) Of the Organic Act
after fixing the qualifca-
lions Of the voters at said first cleo
ton, 'that the qualifications of VOt
ers = at all subsequent cleo
lions shall be such as shall be pre-
scribed by the Legislative Assembly.
Provided that the right of suffrage
and of holding Office shall be exer-
eised only by citizens Of the United
States including those recognizedas
citizens by the treaty with the Re
public Of Mexico concluded FebrC-
airy I'd, 1913
The function of the voter who
was to vote at the first election hay
ing been fully performed when be
voted at that election. he theTearter
ceased to be a voter at any subse-
luent election, aud could only d
qualified as a voter when he showed
himself possessed Of the pre-
requisites required BY the Legs
Iatiye Assembly.
Subsequent to the enactment d
the Organic Act above referred 70
and in 1874. the Congress OF la5
United States enacted sections 80.
and 1880. Until the enactment Oh
these two sections the Organic ACT
Of Utah remained in force ana gle
qualifications of voters ~ ali elel-
lions after the first election were a.
prescribed by the legislative 4
5embly Of that territory.
Section 1859, having relation on.
10 the qualifications Of electors s.
he time of a first election helu W
he organization of a territory, Ca
nave no bearing sO-far IS Uta1 =
for 1T the date OF It's 81
Utah had had her NJ
election, and was an organized LEI
.iFO7-v