In the history of Utah, the Utah Constitutional Convention was held from March 4, 1895 to May 8, 1895. The 1895 convention was the Utah Territory's seventh and final attempt to be admitted to the United States as a state. The Constitution of Utah was accepted by Congress and President Grover Cleveland, leading to Utah's admittance into the union as the 45th state on January 4, 1896.
Background
Since its early settlement by Mormon pioneers, Utah was unlike any other territory in the United States. Latter-day Saints, also called Mormons, had a history of moving from state-to-state in response to conflict and persecution. From its founding in New York in 1830, the Latter-day Saints had moved to Missouri, Ohio, and later Illinois, where they established the city of Nauvoo. When the church's founder and first President Joseph Smith was killed by a mob, Brigham Young led a large body of Latter-day Saints westward into Mexican territory along what is now known as the Mormon Trail. They arrived in what would become the Utah Territory in the summer of 1847.
In 1848, the land occupied by the Latter-day Saint settlers was part of the vast area acquired by the United States as a result of the Treaty of Guadalupe Hidalgo. The discovery of gold in California led to many Americans traveling through the area. These events marked an end to the Latter-day Saints' isolation from the United States. Latter-day Saint leaders quickly sought to become a United States territory, and statehood became the goal around 1849.Smith, Stephen Eliot. “Political Perceptions of Mormon Polygamy and the Struggle for Utah Statehood, 1847–1896.” In Contingent Citizens: Shifting Perceptions of Latter-Day Saints in American Political Culture, edited by Spencer W. McBride, Brent M. Rogers, and Keith A. Erekson, 128–45. Cornell University Press, 2020. p. 132 http://www.jstor.org/stable/10.7591/j.ctvq2vx34.16.
Previous statehood applications No other territory in the United States has had requests for statehood denied or ignored by Congress as many times as Utah.Smith, p. 129 Utah's territorial government unsuccessfully applied for statehood six times before the Constitutional Convention of 1895. To Congress, Utah was un-American for several reasons, including theocracy, economy, polygamy, and slavery.
1849 constitution
The first attempt at a constitution was initially just to govern a territory, but leaders decided to apply for statehood instead in hopes of attaining greater autonomy, as territorial leaders would have been appointed by the United States President.White, Charter for Statehood, p. 20 The Council of Fifty, a political council originally established by Joseph Smith, produced the initial Constitution for the provisional State of Deseret. The Constitution was made up of eight articles and a preamble defining the proposed boundaries. The articles established three branches of government, limited voting rights to white men, and mentioned the separation of church as well as the freedom of religion. Slavery was not mentioned. The provisions on religion were written to persuade congress that the state would not be a Latter-day Saint theocracy.
Stephen A. Douglas presented the proposed Constitution before Congress, and John M. Bernhisel and Thomas L. Kane lobbied Congress for Utah statehood.White, Charter for Statehood, pp. 20–21 While its request for statehood was denied, Utah did become a United States territory as part of the Compromise of 1850, and President Millard Fillmore appointed Brigham Young, who was still the president of the church, to be the governor of the territory.White, The Utah State Constitution, p. 5 The territory's borders were considerably smaller than what was proposed, but still spanned across present-day Utah, Nevada, and a small portion of Colorado.White, Charter for Statehood, p. 22 At the time of application, United States Congress was busy trying to resolve the issue of slavery, but Utah's small population also contributed to its denial of statehood, as a minimum number of 60,000 eligible voters was a standard benchmark in creating a new state and Utah only had around 11,380 residents.Smith, p. 132.Forstall, Richard L. (ed.). Population of the States and Counties of the United States: 1790–1990 (PDF) (Report). United States Census Bureau. pp. 162–163. Retrieved Dec 1, 2023.
1856 constitution Discontent between the people of Utah and their federally appointed government leaders and judges contributed to another attempt at gaining statehood. This time, the people of Utah faced obstacles much greater than just having a small population; Two of the major roadblocks to statehood were the practices of slavery and polygamy, what Republicans referred to as the twin relics of barbarism. In 1852, Latter-day Saints openly acknowledged the practice of polygamy within the territory, igniting nationwide hostilities against them.White, The Utah State Constitution, p. 6 Utah had also voted to become a slave territory in 1852 and remained one until Congress prohibited slavery in all U.S. territories in 1862. The statehood application was rejected, and President James Buchanan went on to accuse Brigham Young of being a theocratic dictator in Utah and stirring up an insurrection.Smith, p. 135 Thousands of federal troops were sent to depose Young, leading to the Utah War, and resulted in Alfred Cumming replacing Young as the territorial governor. However, Brigham Young, still president of the Church of Jesus Christ of Latter-day Saints, retained great power in the Mormon-dominant population of Utah.
1862 constitution A third Constitution, virtually the same as the previous two, was sent to Congress and denied in 1862. That same year, Congress passed the Morrill Anti-Bigamy Act, which penalized anyone married to more than one spouse, disincorporated the Church, and limited the amount of property the Church could possess to $50,000. These measures were not thoroughly enforced. The Utah legislature sent a slightly altered version of the Constitution to Congress in 1867, but it was ignored.White, Charter for Statehood, pp. 26–27White, The Utah State Constitution, pp. 7–8
1872 constitution By 1870, Utah had gained a population of over 86,000, despite having lost territory to the new state of Nevada. The demographics of the territory had changed as other people began pouring in, primarily because of mining opportunities in the Wasatch Mountains. In 1872 a constitutional convention was held to draw up a brand new constitution for the state of Deseret, one that could gain support from the increasing non-Mormon population.White, The Utah State Constitution, p. 8 Beginning in the 1860's, Brigham Young pushed for Latter-day Saints to become more economically self-sufficient, which led to boycotts of non-Mormon businesses, adding to existing tensions.White, Charter for Statehood, p. 28–29
The 1872 iteration of the constitution was more complex than the previous versions, having based much of it on Nevada's constitution. Utah had voted to allow women voting rights in 1870, and this constitution protected voting rights for men and women over the age of twenty-one. Legislation regarding education would be impartial to all, regardless of gender, citizenship-status, race, or religion. Slavery was officially outlawed, jury trial provisions amended, a state prison established, institutions for the disabled would be supported by the state, lending state money to companies and corporations would be prohibited, and the roster for voter-elected state officials would be expanded.White, Charter for Statehood, pp. 32–33 A provision was also attached that, if the draft was accepted, allowed Congress to prescribe a condition of admission, possibly leaving room for the subject of polygamy to be debated later,White, Charter for Statehood, p. 31 though the Deseret News, a newspaper published by the church, denied the notion of giving up polygamy for statehood.Ivins, p. 97 Further, Congress' imposed provision would have to be approved in a territorial election, which was unlikely. This draft died in a House committee in congress, the fourth failed attempt at gaining statehood.
1882 constitution The fifth attempt at statehood saw a slightly revised version of the 1872 constitution. For the first time some of the convention's delegates were women, and the new draft was for the "Constitution of the State of Utah" rather than the State of Deseret.White, The Utah State Constitution, p. 9 This convention was held just after the passage of the Edmunds Act, which strengthened the enforcement of the anti-polygamy laws in effect from the Morrill Anti-Bigamy Act.Ivins, p. 98 Once again, the draft failed in a congress committee. By this time, the Non-Mormon Liberal Party was actively opposing statehood, as it would give voting power to the Mormon electorate instead of having officials chosen by the federal government.
1887 constitution Pressure on the church came to an all-time high when Congress passed the Edmunds–Tucker Act early in 1887. Yet another amendment to the initial Edmunds Act, the Edmunds–Tucker Act disenfranchised women and anyone who supported polygamy, eliminated the Church's legal status, and would allow the government to seize church assets.White, The Utah State Constitution, p. 10 In June 1887, the People's Party, composed mostly of Latter-day Saints, joined with the Liberal, Republican, and Democratic parties to draft another constitution, with great resistance from the Liberal party. The new draft included an anti-polygamy provision, while church leaders still clung to the practice. The new draft included provisions to veto parts of a bill, ten-year tax exemption status for mines, individual and corporate irrigation facilities would not be taxed, and strict limits on local government debt. Once again, the draft failed in congressional committee.White, Charter for Statehood, pp. 38–39
In 1890, Wilford Woodruff, the fourth President of the Church of Jesus Christ of Latter-day Saints, issued a manifesto in which the practice of polygamy was prohibited in the Utah territory. In the following years, the People's Party and the Liberal Party would disband. Church leaders were working with national Republican officials on progressing towards statehood.White, The Utah State Constitution, p. 11
Enabling Act of 1894 In 1892, Joseph L. Rawlins, a Democrat, won the election and became Utah's non-voting representative in congress. The following year, he introduced the Enabling Act and worked with both Republicans and Democrats until it was approved by Congress and signed by President Grover Cleveland on July 16, 1894.White, The Utah State Constitution, pp. 11–12White, Charter for Statehood, p. 42 This act made it possible for Utah to organize another constitutional convention in which a Constitution and a state government would be made. It provided Utah a path to enter the Union as a State on equal footing with the other states. The Enabling Act also outlined how many delegates each county would be able to send to the convention, what day they would begin (March 4, 1895), and any other stipulations or provisions that must be included in the constitution in order for Utah to receive statehood. These provisions are outlined in Section 3 of the Act, and include the following:
That the delegates meet on the agreed date to organize a convention, and that on that day after they've officially organized they declare their support of the U.S. Constitution; and
That the constitution was formed as republican (no distinction in civil or political rights on account of race, doesn't contain anything that's in conflict with the US constitution, and people both from the United States government and from the citizens governed in the Utah territory agreeing to the new Utah State Constitution).
It also needed to include these four provisions: