Territorial Secretary

The territorial secretary was responsible for recording all acts and proceedings of the Governor in his executive department and to provide copies of these official acts to specific federal officials. Over half of the series represent official acts of the Governor. Many other duties of the secretary are also documented, most reflecting routine administrative functions of the territorial government. The period from 1880 to 1895 represents the bulk of the collection. Important functions of the governor documented in the series include supervision of the militia; supervision of elections; appointment of officials; regulation of the court system; pardoning and extradition of criminals; supervision of Indian affairs; regulation of liquor,

1859-1860; and supervision of the executive department of the government. Routine activities of the secretary documented in the series include distributing copies of territorial laws, management of public works projects, supply procurement, and oversight of the financial affairs of the territorial government.

The organic act passed by the U.S. Congress on September 9, 1850 created an office of territorial secretary with three major functions:

(1) To record and preserve all laws and proceedings of the Legislative Assembly (2) To record all acts and proceedings of the Governor in his executive department (3) To provide copies of these official acts to specific federal officials

Only the first is not documented by this series, and over half of all the records in the TERRITORIAL EXECUTIVE PAPERS represent the official acts of the governor as recorded by the secretary. Many other duties of the Secretary, not specifically mentioned in statute, are also documented. Most of these reflect routine administrative activities of the territorial government. A few documents, particularly from the 1880's and 1890's, represent new functions assigned to the Secretary's Office, but as responsibilities were added, new record series were eventually generated as a result.

The EXECUTIVE PAPERS are really part of a larger record keeping system maintained by the Executive Department of the territorial government. Most of the individual documents filed in the series are those that were sent to the Governor or the Secretary requesting or supporting some official action; copies of the actual pardon, appointment notice, requisition, or other "official act"; or copies of documents which reflect actions taken directly by the Governor, such as messages to the Territorial Assembly and proclamations. Many of these actions were also recorded in one of several registers kept by the Secretary, particularly after 1880. Before this date, most of the documents were handwritten, although printed items were frequently collected. The period from 1880-1895 represents over two-thirds of the total volume of the series.

Important functions of the Governor documented in the series include:

(1) supervision of the militia (2) supervision of elections (3) appointment of officials (4) regulation of the court system (5) pardoning and extradition of criminals (6) supervision of Indian affairs (7) regulation of liquor (8) supervision of the executive departments of the government

As Commander in Chief of the militia, the responsibilities of the Governor were limited mainly to commissioning and to setting the time for the election of the Adjutant General. Authority to call-out or to disband the militia was also exercised by the Governor, but all other administrative details were handled by the Adjutant General's Office. Consequently, the relative number of documents relating to military affairs is small. Most relate to one of three events: problems resulting from the Utah War, Governor Schaffer's attempt to reorganize the militia in the 1870's, and the reorganization of the militia into the National Guard in the 1890's. Proclamations regarding assembly and disbanding of the militia were issued several times, and some letters discuss problems of the storage and issuance of arms. The 1894 reorganization of the militia as the National Guard gave the Governor more control over appointment of officers and over records of the militia. The documentation of this reorganization includes rosters of enlistees and reports of the Adjutant General. An annual report from the Adjutant General was only required after 1857, but none was filed in the series before 1894.

The regulation of elections by the Governor is also shown through a small number of documents. Proclamations setting the time and dates of special elections and correspondence interpreting election laws are the chief documentation of this function. Records of elections held in the territorial period are in the ELECTION PAPERS, series 364.

Official appointments are primarily those to the offices of Commissioner of Deeds for Utah in other states and to Notary Publics in the different counties of the territory. Along with official notices of appointment are letters of resignation, recommendation or application, and-in the 1870's-oaths of office and notarial bonds that relate to a specific appointment. Since most territorial officers, including local officials, were elected and not directly appointed by the Governor, a record of their commissions is not usually found in this series. Lists of officials commissioned can be found in the EXECUTIVE RECORD BOOKS, series 242.

Regulation of the court system by the Governor is shown through proclamations setting the dates when court terms were to begin. Terms of the district judges and their assignments to specific districts were also set by proclamation. Some correspondence regarding administration of the courts is included.

The process of granting pardons to criminals is the most fully documented of the Governor's functions and accounts for a large number of the documents in the series. In addition to a copy of the actual pardon, there are petitions asking for the pardon of individual criminals and correspondence about individual cases. Copies of court documents for specific cases are sometimes included. Applications for amnesty, and copies of amnesty oaths start appearing with great frequency after the passage of the Edmunds Act in 1882. Extradition of criminals is documented primarily through correspondence between the territorial governor and the governors of other states. Executive orders and requisitions relating to specific criminals are found in the series from 1860.

Two other responsibilities, the regulation of Indian affairs and the licensing of the sale and manufacture of alcoholic beverages, are documented only sporadically from 1851 until 1896. The governor served as the Superintendent of Indian Affairs from 1850 to 1857, and a few letters and reports complaining of Indian problems or discussing Indian policy appear during this period. Documents from the late 1880's and early 1890's discuss the condition of the Ute Indians and the Posey War. The power to license the manufacture and sale of liquor is not documented until 1859, and then by only four items from the Cummings administration. Local officials took responsibility for the regulation of liquor after 1860.

Few of the many annual reports required of territorial officials by statute are found in the series until the 1880's when reports of some of the newer agencies or boards created during this period start appearing with greater frequency. Practically no documentation of the day-to-day direction of executive departments by the Governor can be found in the EXECUTIVE PAPERS. The remainder of the records in the series were generated directly by the Secretary in performance of the duties of that office. Most describe routine administrative activities.

The Secretary distributed copies of the territorial laws to various local and national officials, but this is well documented by receipts and correspondence only until 1871. Arrangements for publication of territorial laws can also be traced through the correspondence. Other routine activities which fall into this category include the management and construction of buildings or other public works projects, the cost and procurement of supplies for the government, and the design and use of the official seal.

Although not specifically mentioned by statute, the responsibility for handling the financial affairs of the territorial government was assumed by the Secretary and became an important part of the duties of the office. The Secretary frequently corresponded with and reported to federal treasury officials about the proper use and disbursement of funds. Since federal monies funded construction of a territorial prison in the 1850's, details about materials used in its construction and associated expenses can be found in the documents from this period. Bills and claims submitted to the Secretary for operational expenses in later years give some insight into day-to-day prison operations.

Statistical reports of cases heard in the various district courts, required by statute, are only present in the records from the 1850's. Reports of the activities of some lower courts appear sporadically in later years. Claims made to the Secretary by sugar companies for production bounties, copies of deeds for University Lands sold by the state, and reports of some banks examinations are representative of the Secretary's functions documented only partially in the EXECUTIVE PAPERS. These can be found in records from the 1890's.