Utah Bench and Bar - Territorial Courts - presented by Genealogy Trails

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UTAH BENCH AND BAR TERRITORIAL COURTS

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From 1850 to 1895, a period of forty-five years, the principal legal authority exercised over the territory now comprising the State of Utah was that exercised by the territorial courts, the judges of which were appointed by the President of the United States. On September 9, 1850, President Fillmore approved the act providing for a temporary government for the Territory of Utah.

Pursuant to the provisions of that act he appointed, on the 20th of the same month, Joseph Buffington, of Pennsylvania, as chief justice; Zerubbabel Snow, of Ohio, and Perry C. Brocchus, of Alabama, associate justices; Seth M. Blair, of Utah, United States Attorney.

Buffington declined and Lemuel G. Brandenberg was appointed chief justice to fill the vacancy. Some authorities give this name as Brandenbury, but in the Utah Reports it appears as Brandenberg. He arrived in Salt Lake City on June 7, 1851, Judge Snow arrived on the 19th of July, and Judge Brocchus did not arrive until the 17th of August.

On August 8, 1851, Gov. Brigham Young, in accordance with the provisions of the Organic Act, divided the territory into three judicial districts, assigned Chief Justice Brandenberg to the first district, Judge Snow to the second ,and Judge Brocchus to the third. Everything was now in readiness for the starting of the territorial legal machinery, but there was not much for the courts to do, as the first settlers of Utah were inclined to live together peaceably and a lawsuit was the last resort in the settlement of disputes.

It is the history of every territory that most of the judges appointed by the President were non-residents and had little in common with the citizens of the territory. Usually they were lawyers of only mediocre ability or political henchmen, often receiving their appointments as a reward for party services, rather than for their legal ability. Concerning Chief Justice Brandenberg little can be learned, as he remained in the territory but a short time. Judge Snow was a member of the Latter-day Saints and was one of the first board of regents of the University of Deseret (now University of Utah). Brocchus has been described as "a vain and ambitious man, full of self-importance, fond of intrigue, corrupt, revengeful and hypocritical." It was not long until he became involved in a bitter controversy with the leaders of the church. Chief Justice Brandenberg apparently took sides with Brocchus and on September 28, 1851, the two judges and Broughton D. Harris, secretary of the territory, left suddenly for Washington, the last named taking with him the territorial records, seal and $24,000 appropriated by Congress to defray the expenses of the First Legislature, which was then in session.

For almost a year after the departure of the "runaway judges," as Brandenberg and Brocchus were called, Judge Snow was the only magistrate in the territory acting under Federal authority. On the last day of August, 1852, President Fillmore appointed Lazarus H. Reid chief justice and Leonidas Shaver associate justice.

Judge Reid was a comparatively young man and possessed the qualifications of a good judge, but his tenure of office was short. After about a year in Utah he returned to his home in Steuben County, N. Y., and died there in 1855 in his fortieth year.

Judge Shaver's fate was more tragic. After a residence of a few months, he retired one night, apparently in his usual health, and was found dead in his bed the next morning. This gave rise to the rumor that he had been poisoned, but investigation proved that his death was a natural one, resulting from some diseased condition of the brain. Governor Young said of him: "One of our judges, Judge Shaver, has been here during the winter and, as far as he is known, he is a straightforward, judicious, upright man."

[Source: Utah since statehood: historical and biographical, Volume 1; Edited by Noble Warrum; Publ. 1919; Transcribed and submitted by Andrea Stawski Pack.]

©2012 Genealogy Trails

UTAH BENCH AND BAR TERRITORIAL COURTS
.
From 1850 to 1895, a period of forty-five years, the principal legal authority exercised over the territory now comprising the State of Utah was that exercised by the territorial courts, the judges of which were appointed by the President of the United States. On September 9, 1850, President Fillmore approved the act providing for a temporary government for the Territory of Utah. Pursuant to the provisions of that act he appointed, on the 20th of the same month, Joseph Buffington, of Pennsylvania, as chief justice; Zerubbabel Snow, of Ohio, and Perry C. Brocchus, of Alabama, associate justices; Seth M. Blair, of Utah, United States Attorney. Buffington declined and Lemuel G. Brandenberg was appointed chief justice to fill the vacancy. Some authorities give this name as Brandenbury, but in the Utah Reports it appears as Brandenberg. He arrived in Salt Lake City on June 7, 1851, Judge Snow arrived on the 19th of July, and Judge Brocchus did not arrive until the 17th of August. On August 8, 1851, Gov. Brigham Young, in accordance with the provisions of the Organic Act, divided the territory into three judicial districts, assigned Chief Justice Brandenberg to the first district, Judge Snow to the second ,and Judge Brocchus to the third. Everything was now in readiness for the starting of the territorial legal machinery, but there was not much for the courts to do, as the first settlers of Utah were inclined to live together peaceably and a lawsuit was the last resort in the settlement of disputes. It is the history of every territory that most of the judges appointed by the President were non-residents and had little in common with the citizens of the territory. Usually they were lawyers of only mediocre ability or political henchmen, often receiving their appointments as a reward for party services, rather than for their legal ability. Concerning Chief Justice Brandenberg little can be learned, as he remained in the territory but a short time. Judge Snow was a member of the Latter-day Saints and was one of the first board of regents of the University of Deseret (now University of Utah). Brocchus has been described as "a vain and ambitious man, full of self-importance, fond of intrigue, corrupt, revengeful and hypocritical." It was not long until he became involved in a bitter controversy with the leaders of the church. Chief Justice Brandenberg apparently took sides with Brocchus and on September 28, 1851, the two judges and Broughton D. Harris, secretary of the territory, left suddenly for Washington, the last named taking with him the territorial records, seal and $24,000 appropriated by Congress to defray the expenses of the First Legislature, which was then in session. For almost a year after the departure of the "runaway judges," as Brandenberg and Brocchus were called, Judge Snow was the only magistrate in the territory acting under Federal authority. On the last day of August, 1852, President Fillmore appointed Lazarus H. Reid chief justice and Leonidas Shaver associate justice. Judge Reid was a comparatively young man and possessed the qualifications of a good judge, but his tenure of office was short. After about a year in Utah he returned to his home in Steuben County, N. Y., and died there in 1855 in his fortieth year. Judge Shaver's fate was more tragic. After a residence of a few months, he retired one night, apparently in his usual health, and was found dead in his bed the next morning. This gave rise to the rumor that he had been poisoned, but investigation proved that his death was a natural one, resulting from some diseased condition of the brain. Governor Young said of him: "One of our judges, Judge Shaver, has been here during the winter and, as far as he is known, he is a straightforward, judicious, upright man." [Source: Utah since statehood: historical and biographical, Volume 1; Edited by Noble Warrum; Publ. 1919; Transcribed and submitted by Andrea Stawski Pack.]



©2012 Genealogy Trails