The History of Salt Lake City and its Founders, Volume 1 - Edward William Tullidge

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such violence that the men had to take shelter under the end of the house, but seven or eight of their best horses were shot down in a very few minutes. Between the firing the men got into the house, upon which the Indians continued to fire for several hours. In this company of sixteen picked men were Lot Smith, Robert T. Burton, William H. Kimball, Jas. Ferguson, Ephraim Hanks, Henry Johnson, Isham Flyn, (who was wounded,) Orson Whitney, and eight others whose names we have not been able to obtain.

      This charge was complimented by Lieutenant Howland as being as fine as regular cavalry would make. It gave the advantage of the engagement into the hands of the militia; for the Indians retired in the night after the charge, leaving their dead on the ground, carrying their wounded with them; but before their retreat they supplied themselves abundantly with the horse beef.

      So much bravery was exhibited by the Indians, and such a desperate defense made, that dispatches had been sent to Great Salt Lake City, repeatedly requesting General Wells to come and take personal command, which he did, but arrived after the second day's engagement. There was afterwards quite an engagement on the south end of Utah Lake, at which General Wells was present and had personal command.

      Captain Stansbury omitted to mention that Dr. Blake, of his command, was in this expedition, but his presence and services to the wounded have been remembered and gratefully acknowledged by the commanding officers of the old Minute Men. And it is worthy of note that it was this very expedition which brought out the men who have since figured as generals of the Utah militia. In it Lot Smith and Robert T. Burton for the first time met, and with that charge together on the log house began the lifelong friendship of these two men who, next to the Lieutenant-General, Daniel H. Wells, have figured the most conspicuously in the military history of Utah.

      Having completed their surveys and explorations, the topographical engineers left the City of the Great Salt Lake for home on the 28th of August, 1850, Stansbury, closing the record of his sojourn among the founders of this Territory, with the following tribute to them: "Before taking leave of the Mormon community, whose history has been the subject of no little interest in the country, I cannot but avail myself of the opportunity again to acknowledge the constant kindness and generous hospitality which was ever extended to the party during the sojourn of rather more than a year among them. The most disinterested efforts were made to afford us, both personally and officially, all the aids and facilities within the power of the people, as well to forward our labors as to contribute to our comfort and enjoyment.

      Official invitations were sent by the authorities to the officers of the party, while engaged in distant duty on the lake, to participate in the celebration of their annual jubilee, on the 24th of July, and an honorable position assigned them in the procession on that occasion. Upon our final departure, we were followed with the kindest expressions of regard, and anxious hopes for the safety and welfare of the party upon its homeward journey."

      CHAPTER IX.

       INCORPORATION OF GREAT SALT LAKE CITY. ITS ORIGINAL CHARTER. THE FIRST CITY COUNCIL AND MUNICIPAL OFFICERS. ORGANIZATION OF THE TERRITORY. ARRIVAL OF THE NEWS OF GOVERNOR YOUNGS APPOINTMENT. DISSOLUTION OF THE STATE OF DESERET. GOVERNORS PROCLAMATION. LEGALIZING THE LAWS PASSED BY THE PROVISIONAL GOVERNMENT. CORRESPONDENCE BETWEEN COLONEL KANE AND PRESIDENT FILLMORE. STANSBURY'S VOUCHER FOR BRIGHAM YOUNG.

      

      The cities of Utah needing their due municipal orders and having waited so long for the action of Congress, the Governor and the General Assembly of the State of Deseret, at the opening of the year 1851, effected the incorporation of the cities of Great Salt Lake, Ogden, Provo, Manti and Parowan. The following is the original charter of Great Salt Lake City, entitled

      "AN ORDINANCE TO INCORPORATE GREAT SALT LAKE CITY.

      "Sec. i. Be it ordained by the General Assembly of the State of Deseret: That all that district of country embraced in the following boundaries, to wit:— beginning at the southeast corner of the Church Pasture, about half a mile north of the Hot Spring; thence west to the west bank of the Jordan River; thence south, up the west bank thereof, to a point in said bank directly west from the southwest corner of the five-acre lots, south of said city; thence east to the aforesaid southwest corner of said five-acre lots, and along the south line thereof; thence east to the base of the mountains; thence directly north to the point directly east of the southeast corner of the Church Pasture; thence west to the place of beginning:—including the present survey of said city, shall be known and designated as Great Salt Lake City; and the inhabitants thereof are hereby constituted a body corporate and politic, by the name aforesaid, and shall have perpetual succession, and may have and use a common seal, which they may change and alter at pleasure.

      "Sec. 2. The inhabitants of said city, by the name and style aforesaid, shall have power to sue and be sued; to plead and be impleaded; defend and be defended in all courts of law and equity, and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said city; to purchase receive and hold real property beyond the pity, for burying grounds, or other public purposes, for the use of the inhabitants of said city; to sell, lease, convey, or dispose of property, real and personal, for the benefit of said city; to improve and protect such property, and to do all other things in relation thereto, as natural persons.

      Sec. 3. There shall be a City Council, to consist of a Mayor, four Aldermen, and nine Councilors, who shall have the qualifications of electors of said city, and shall be chosen by the qualified voters thereof, and shall hold their for two years, and until their successors shall be elected and qualified. The City Council shall judge of the qualifications, elections, and returns of their own members, and a majority of them shall form a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance.

      Sec. 4. The Mayor, Aldermen, and Councilors, before entering upon the duties of their offices, shall take and subscribe an oath or affirmation, that they will support the Constitution of the United States, and of this State, and that they will well and truly perform the duties of their offices, to the best of their skill and abilities.

      Sec. 5. On the first Monday of April next, and every two years thereafter, on said day, an election shall be held for the election of one Mayor, four Aldermen, and nine Councilors; and at the first election under this ordinance, three judges shall be chosen, viva voce, by the electors present. The said judges shall choose two clerks, and the judges and clerks, before entering upon their duties, shall take and subscribe an oath or affirmation, such as is now required by law to be taken by judges and clerks of other elections; and at all subsequent elections the necessary number of judges and clerks shall be appointed by the City Council. At the first election so held, the polls shall be opened at nine o'clock a. m., and closed at six o'clock p. m. At the close of the polls, the votes shall be counted, and a statement thereof proclaimed at the front door of the house at which said election shall be held; and the clerks shall leave with each person elected, or at his usual place of residence, within five days after the election, a written notice of his election; and each person so notified, shall within ten days after the election, take the oath or affirmation herein before mentioned, a certificate of which oath shall be deposited with the Recorder, whose appointment is hereinafter provided for, and be by him preserved. And all subsequent elections shall be held, conducted, and returns thereof made, as may be provided for by ordinance of the City Council.

      Sec. 6. All free white male inhabitants of the age of eighteen years, who are entitled to vote for State officers, and who shall have been actual residents of said city sixty days next preceding said election, shall be entitled to vote for city officers.

      Sec. 7. The City Council shall have authority to levy and collect taxes for city purposes, upon all taxable property, real and personal, within the limits of the city, not exceeding one-half per cent, per annum, upon the assessed value thereof, and may enforce the payment of the same in any manner to be provided by ordinance, not repugnant to the Constitution of the United States, or of this State.

      Sec. 8. The City Council shall have power to appoint a Recorder, Treasurer, Assessor

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