LITMIR.BIZ

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The Second Judicial District shall consist of Millard and San Pete Counties, and all districts of country lying south of the south line of latitude of Utah County, and north of the south line of latitude of Millard County, within said Territory. And the Third Judicial District shall consist of Iron County, and all districts of country lying south of the south line of latitude of Millard County, in said Territory.

      "Sec. 2. The Honorable Zerubbabel Snow, Associate Justice of the Supreme Court of the United States for the Territory of Utah, shall reside within the First Judicial District, and hold Courts in the following order, viz: on the first Monday in January and July at Great Salt Lake City; on the first Monday of April at Ogden City, in Weber County; and on the first Monday of October at Provo City, in Utah County, in each year: Provided, the said Zerubbabel Snow, Associate Justice, shall hold his first Court on the first Monday of October in the year eighteen hundred and fifty-one, at Great Salt Lake City, and omit said Court during said year at Provo, in Utah County.

      "Sec. 3. The Honorable Zerubbabel Snow is hereby authorized and required to hold two Courts in the Second Judicial District in each year, to-wit: on the first Monday of November at Manti, in San Pete County; and on the first Monday in May at Fillmore, in Millard County.

      "Sec. 4. The Honorable Zerubbabel Snow is further authorized and required to hold one Court for the Third Judicial District, viz: on the first Monday in June of each year, at Parowan City, in Iron County; and each session of said Court in its several districts shall be kept open at least one week, and may adjourn to any other place in each of said districts respectively: Provided, the business of said Court shall so require!

      "Sec. 5. The foregoing acts are and shall be in force until a full Bench of the Supreme Court of the United States for the Territory of Utah, shall be supplied by the President and Senate of the United States, after which the said Zerubbabel Snow shall serve only in the First Judicial District.

      "Approved October 4, 1851."

      This officer afterwards, in a letter upon the first United States Courts held in Utah, thus states: "The Legislative Assembly met and, as the other Judges had returned to the States, a law was passed authorizing me to hold the courts in all the districts.

      At my first court I examined the proceedings of the Governor in calling the Legislative Assembly, and held them legal, though somewhat informal. This was reported to the Department of State, the Honorable Daniel Webster being Secretary, who sustained Governor Young and myself. This was the commencement of my judicial services."

      That first United States District Court was held in Great Salt Lake City.

      At the first term Judge Snow made use of the United States Attorney and the United States Marshal, for Territorial business, there having been at that time no Territorial fee bill passed, which led to a correspondence between the Judge and the Honorable Elisha Whittlesey, Comptroller of the Treasury, the former asking a number of questions relative to the practice of the United States in defraying the expenses of the Territorial courts, which was answered by the latter that the United States simply defrayed the expenses of its own business in the courts. The answers closed thus: "Lastly, I will observe that if the clerk, marshal, or attorney render any service in suits to which the Territory is a party the officer must obtain his pay from the Territory or from the county in which such suit may be prosecuted. It should appear affirmatively on the face of every account that every item of it is a legal and just claim against the United States; and the details and dates should be stated, as required by my circular of December 5th, otherwise the marshal should not pay it."

      This led to the passage of a Territorial fee bill.

      In 1852 the law was passed giving jurisdiction to the Probate courts in civil and criminal cases and creating the offices of Attorney-General and Marshal for the Territory.

      An historical note may here be made that the proceedings of the first United States District Court, held in Great Salt Lake City, were published in the Deseret News, No. 1, Vol. I, November 15th, 1851, Willard Richards, editor and proprietor.

      Under the censure of the great statesman, Daniel Webster, and with ex-Vice-President Dallis and Colonel Kane using their potent influence against them, and also Stephen A Douglass, (to whom Kane in his letter to Fillmore personally refers as surety for Governor Young), Brandebury, Brocchus and Harris were forced to retire. They were succeeded by Chief Justice Reed, Associate Justice Shaver, and Secretary Ferris on August 31st, 1852.

      On their arrival in Great Salt Lake City the new appointees received a cordial welcome from the Governor and citizens, which was reciprocated by the Chief Justice and his Associate, but Secretary Ferris approved the course of his predecessor and condemned the Mormons and their institutions. The new judges, however, turned the tide of public feeling for a while in favor of this community, by the speeches which they delivered, and the very friendly letters which they wrote on Utah affairs. Shortly after his arrival in Great Salt Lake City, Chief Justice Reed wrote as follows: "I waited on his Excellency, Governor Young, exhibited to him my commission, and by him was duly sworn and installed as Chief Justice of Utah. I was received by Governor Young with marked courtesy and respect. He has taken pains to make my residence here agreeable. The Governor, in manners and conversation, is a polished gentleman, very neat and tasty in dress, easy and pleasant in conversation, and I think, a man of decided talent and strong intellectual qualities, * * * I have heard him address the people once on the subject of man's free agency. He is a very excellent speaker. His gesture uncommonly graceful, articulation distinct, and speech pleasant. * * * The Governor is a first-rate business man. As civil Governor of the Territory and Superintendent of Indian Affairs, we would naturally suppose he had as much to do as one man could well attend to; but in addition to those employments, he is also President of the Church—a station which is no sinecure by any means. His private business is extensive; he owns several grist and saw mills, is extensively engaged in farming operations, all of which he superintends personally. I have made up my mind that no man has been more grossly misrepresented than Governor Young, and that he is a man who will reciprocate kindness and good intentions as heartily and as freely as anyone, but if abused, or crowded hard, I think he may be found exceedingly hard to handle."

      But Secretary Ferris soon after published a book expressing sentiments and views, concerning Brigham Young and the Mormon community, the very antipodes of those uttered by his Federal associates. After a short residence in Great Salt Lake City Secretary Ferris retired and went to California; Chief Justice Reed returned to New York and died; he was succeeded by Chief Justice John F. Kinney, August 24th, 1853. Associate Justice Zerubbabel Snow occupied his full term and was succeeded by Associate Justice George P. Stiles, August 1st, 1854. Almon W. Babbitt succeeded Ferris as Secretary, and District Attorney Hollman succeeded Seth M. Blair. John M. Bernhisel was Delegate to Congress.

      In 1854, Lieutenant-Colonel E. J. Steptoe, with his command, arrived in Great Salt Lake City, and the term of Governor Young's appointment expiring about this time, President Pierce tendered the office to Colonel Steptoe; but he was a gentleman, and a true republican, and he had too much wisdom withal to accept the honor, for he knew that Brigham was the choice of the people. The following document, expressive of the movement which he inspired, will be of interest at this point: "To His Excellency, Franklin Pierce, President of the United States: "Your petitioners would respectfully represent that, whereas Governor Brigham Young possesses the entire confidence of the people of this Territory without distinction of party or sect; and from personal acquaintance and social intercourse we find him to be a firm supporter of the constitution and laws of the United States, and a tried pillar of Republican institutions; and having repeatedly listened to his remarks, in private as well as in public assemblies, do know he is the warm friend and able supporter of constitutional liberty, the rumors published in the States notwithstanding; and having canvassed to our satisfaction his doings as Governor and Superintendent of Indian affairs, and also the disposition of the appropriation for public buildings for the Territory; we do most cordially and cheerfully represent that the same has been expended to the best interest of the nation; and whereas his re-appointment would subserve the Territorial interest better than the appointment of any other man, and would meet with the gratitude of the entire inhabitants of the Territory, and his removal would cause the deepest feeling of sorrow and regret; and it being our unqualified opinion,

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