To begin with, one has to be cautious about interpreting the Utah Constitution consistently with the separate views of any particular religious group in Utah, even a group as numerous and influential as the Church of Latter Day Saints. The Utah Constitution was the product of cooperation between Mormon and Gentiles. For example, Charles Varian -- a leading polygamy prosecutor -- was one of the most active and influential delegates at the Utah Constitutional Convention.
Moreover, the Convention delegates responded directly to the problems revealed in the polygamy prosecutions with specific constitutional provisions. For instance, Article III of the Constitution provides bluntly that "no inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship." Thus, the drafters knew how to speak plainly in these provisions, ...
(Out of Thin Air: The Invention of the Utah Exclusionary Rule By Paul G.
Cassell [This article originally appeared in 1993 in the Neo-Analyst and is a law-student friendly (condensed) version of a much longer article, Paul Cassell, The Mysterious Creation of Search and Seizure Exclusionary Rules Under State Constitutions: The Utah Example, 1994 Utah L. Rev. 751.])
--------------
Those who would interpret Utah's search and seizure provision by reference to the antipolygamy raids would not have faired well in arguments to the Convention's delegates. How would they explain their position to non-Mormon delegate Charles S. Varian, who apparently voted for article I, section 14? As U.S. Attorney, Varian aggressively prosecuted many polygamists, but was far and away the most active (and perhaps the most influential) of all of the delegates. They would also need to explain their views to Convention President John Henry Smith, who throughout his life -- particularly during the Convention -- made it his business to cultivate friendships among the non-Mormons and to attempt to reach consensus that transcended religious boundaries.
(Tracey E. Panek, Search and Seizure in Utah: Recounting the Antipolygamy Raids, 62 Utah Hist. Quart.1994, p. 100 see Deseret News, Jan. 27, 1886, at 27 describing prosecution by Varian., Stanley S. Ivins, A Constitution for Utah, 25 Utah Hist. Q. 1957, supra note 61, at 113-14; see also Another Busy Day, Deseret News, Mar. 5, 1895, at 5; Sanipoli v. Pleasant Valley Coal Co., 86 P. 865, 868 (Utah 1906), relying on colloquy involving Varian to determine meaning of constitutional provision, Jean Bickmore White, Prelude to Statehood: Coming Together in the 1890s, 62 Utah Hist.
Q. 1994, See generally White, supra note 63, at 368-69. White cites, among other sources, Smith's obituary by the Salt Lake Tribune, Oct. 14, 1911, that noted his efforts at "broadmindedness" and explained "he did not obtrude his polygamy." Search and Seizure Law in Utah: The Irrelevance of the Antipolygamy Raids By Paul G. Cassell Assoc. Prof. of Law, Univ. of Utah College of Law. This article explores in more detail historical themes mentioned in The Mysterious Creation of Search and Seizure Exclusionary Rules Under State Constitutions: The Utah Example, 1993 Utah L. Rev. 751.)
Woman Suffrage Dominated Politics in Utah
THE DEBATE OVER WOMAN SUFFRAGE DOMINATED POLITICS in Utah throughout the 1890s. Though the issue was raging throughout the United States, Utah's historic background created unique concerns and attitudes towards the debate.
Unlike other states and territories, Utah had legalized woman suffrage with territorial legislation in 1870. When Congress passed the Edmunds-Tucker Act of 1887, however, voting rights for women were abolished along with plural marriages. Utah women took action to reclaim the franchise. In 1889 they founded the Woman Suffrage Association of Utah.
Keeping in touch with the leaders of the LDS church, the new organization enjoyed widespread support from Mormons throughout the territory. In September 1894 the Woman's Exponent, an unofficial organ of the LDS Relief Society, published figures showing that 19 Utah counties had suffrage organizations. Both the Republican and Democratic conventions of that year strongly endorsed universal suffrage as part of their electoral goals. It seemed that with such strong support on all sides woman suffrage would inevitably succeed in Utah.
Then, during the Utah Constitutional Convention that began in March 1895, some delegates in both the Democratic and Republican parties began to argue against including woman suffrage in the new state's Constitution.
Brigham H. Roberts, a Democrat from Davis County, was one of the most vocal contenders. He asserted that woman suffrage would make Utah a "freak state" in the eyes of the majority of states that opposed the franchise for women. Such a perception, he believed, would endanger Utah's chance for statehood. Another argument put forth against woman suffrage held that if women entered the political arena they would be dragged from their "high pinnacles" of virtue and purity by the process.
Amid these doubts, Emmeline B. Wells, president of the LDS Relief Society and of the Woman Suffrage Association of Utah as well, continued to remind politicians that Utah had seen no such negative effects from the seventeen years of universal suffrage women had already enjoyed in the territory.
Woman suffrage was undoubtedly the hottest topic at the Constitutional Convention and among its supporters and antagonists out on the street.
Tension between the two camps intensified. During one such clash, non-Mormon women united in the Opera House to rally against suffrage.
Mormon suffragettes reportedly infiltrated the meeting to prevent a unanimous vote.
Despite the efforts of those opposed to woman suffrage, the delegates to the Constitutional Convention passed it by more than a two-thirds majority. During the November 5, 1895, election some 80 percent of Utah's voters-still all male-approved the new Constitution. Utah had indeed chosen to remain one of the few places in the nation to accept universal suffrage. Fear that such a situation would ruin Utah's chance for statehood were unfounded. Two months later, on January 4, 1896, Utah became the 45th state of the United States.
THE HISTORY BLAZER is produced by the Utah State Historical Society and funded in part by a grant from the Utah Statehood Centennial Commission.
For more information about the Historical Society telephone 533-3500. 950103 (YDI)
http://www.ce.ex.state.ut.us/history/blzrjan.htm
-----------------------
Manuscripts Division J. Willard Marriott Library University of Utah
Ruth May Fox Papers
In photocopies of typescripts of her diary, 1894-1933, and of her autobiography entitled, "My Story," Ruth May Fox details her activities and those of other women regarding statehood. She fervently hoped to have woman suffrage included in the new Utah constitution and she discussed the role of B. H. Roberts, who opposed this right for women. (Ms 443)
http://www.archives.state.ut.us/exhibits/appendix.htm
----------------------------------
From 1866 to 1868 he served his second mission for the LDS Church, this time to England and France. His LDS Church positions included superintendent of the Cache Valley Sunday Schools until April 1877; when the Cache Valley Stake was organized on 21 May 1877 Thatcher was ordained a high priest and set apart as stake president. He continued in this office until April 1879, at which time he was ordained an apostle for the LDS Church. Six months later he was called on a mission to Mexico.
Moses Thatcher made three trips to Mexico, not only to preach, but also to help set up colonies for Mormon polygamous refugees. The active prosecution of federal anti-polygamy laws made the prospect of Mexican colonies attractive, and Moses and his future father-in-law, Erastus Snow, were dispatched to find suitable sites. In 1887 they dedicated Colonia Juarez on a 75,000-acre tract in Corrales Basin. Mormon polygamists found refuge in Mexico until 1910, when the colonies were abandoned during the Mexican Revolution.
Thatcher is best remembered today for his difficulties with other LDS general authorities. The relationship most likely began to deteriorate when he opposed the proposal to crown LDS Church president John Taylor "prophet, priest and king."
Further problems developed over business dealings, specifically with the Bullion Beck Silver Mine in Eureka, and over his belief in the separation between church and state. In 1896 he accepted the nomination to be a Democratic senatorial candidate without the approval of church leaders. He later refused to sign a "political manifesto," which would have required him to obtain permission from the First Presidency before running for any political office. The First Presidency constantly complained of his disregard of their authority. Problems escalated and Thatcher was dropped from the Quorum of Twelve on 19 November 1896. One year later, in order to avoid excommunication, he signed a prepared statement basically stating that he was "in error." In later years he espoused socialist beliefs.
Some of the problems that Thatcher incurred were thought to be caused by his poor health. He died on 21 August 1909 and is buried in the Logan City Cemetery.
http://www.media.utah.edu/ucme/t/THATCHER,MOSES.html
See: Orson F. Whitney, History of Utah (1904); Edward Leo Lyman, "The Alienation of an Apostle from His Quorum: The Moses Thatcher Case," Dialogue (Summer, 1985); Richard S. Van Wagoner and Steven C. Walker, A Book of Mormons (1982).
Benjamin Urrutia
------------------------------- Bad links to your data.
research@email.state.ut.us
I was trying to look up on-line the Utah constitution.
From this url:
http://www.archives.state.ut.us/catalog/cats_u.htm
I have these links I am interested in.
Utah. Constitutional Convention (1895) Administration.
Utah. Constitutional Convention (1895) Attendance.
Utah. Constitutional Convention (1895) Costs.
Utah. Constitutional Convention (1895) Records and correspondence.
>From all of the above links they wrongly go to:
http://web.state.ut.us/cgi-bin/foliocgi.exe/catalog.nfo/query=[level+main+entry!3A[field+subjects!3Autah!2E+constitutional+convention+!281895!29+administration]]/doc/{@1}?
I get this
Series 6
Wayne County (Utah). County Clerk.
Probate case files, 1896-[ongoing] [microform].
Volume: 11 microfilm reels.
Accumulation: 0.1 cubic ft. annually.
Volume figures represent holdings in archives storage facilities only.
Arrangement: Numerical by case number.
Agency history record, UTSVH01436-A, is a record describing the history and functions of the agency responsible for the creation of this series.
Location of Holdings: Only portions of this series may be in archival custody. Contact the Utah State Archives, PO Box 141021, Salt Lake City, Utah 84114.
Retention and disposition: Retain in Office for 9 years or until microfilmed and then destroy provided 1896-1910 is transferred to Archives.
Microfilm master: retain in State Archives permanently with authority to weed.
Series 7
Wayne County (Utah). County Clerk.
Criminal case files, 1897-[ongoing] [microform].
Volume: 6 microfilm reels.
Accumulation: 0.1 cubic ft. annually.
Volume figures represent holdings in archives storage facilities only.
Arrangement: Numerical by case files.
Agency history record, UTSVH01436-a, is a record describing the history and functions of the agency responsible for the creation of this series.
Location of Holdings: Only portions of this series may be in archival custody. Contact the Utah State Archives, PO Box 141021, Salt Lake City, Utah 84114.
Retention and disposition: Retain in Office until microfilmed and then destroy provided 1897-1910 originals are transferred to Archives
Microfilm master: retain in State Archives permanently with authority to weed.
Series 10
Utah. Division of Health Care Financing.
Indigent medical assistance inter-departmental transfers, 1984-1985.
Description: These are requests by the agency for a transfer of supplies from central stores.
Agency history record, UTSVH00478-A, is a record describing the history and functions of the agency responsible for the creation of this series.
Retention and disposition: Retain in Office for 6 months and then destroy.