President Andrew Johnson Appoints a Chief Justice for the Utah Supreme Court

The first establishment of a Supreme Court for the area now known as Utah was pre-US statehood in the territory known as the State of Deseret, a political entity organized “until the Congress of the United States shall provide for the Government of the Territory”. Article IV of the Constitution of Deseret provided for a three-member Supreme Court. The awaited action of the United States Congress came in 1850. “An Act to Establish a Territorial Government for Utah”, known as the Organic Act, was passed on September 9, 1850, and made Utah an American territory. Section 9 of the act provided that “the judicial power of said territory shall be vested in a Supreme Court, District Court, and Justices of the Peace.” The establishment of the territorial courts through Congressional action is authorized by the United States Constitution.

Initially, the Justices of the Supreme Court of the State of Deseret were to act as conservators of the peace and exercise other jurisdictions and appellate powers as prescribed by law. Under the Organic Act, the Utah Supreme Court was to act primarily as an appellate court. Upon achieving Statehood in 1896, the Court was vested with non-exclusive original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus. In all other cases, the Court was vested with appellate jurisdiction only.

Under the Constitution of Deseret, the Justices of the Supreme Court were responsible to act as “conservators of the peace throughout the State [of Deseret], and shall exercise other jurisdictions and appellate powers as shall be prescribed by law”. As provided in the Organic Act, the Utah Supreme Court was to act primarily as an appellate court. Cases could be brought from the territorial district courts to the Supreme Court on appeal, writ of error, or bill of exception. Jury trials were expressly forbidden in the Territorial Supreme Court. Appeal from the Territorial Supreme Court could be taken to the United States Supreme Court. Subject-matter jurisdiction of the Court extended to all cases arising out of common, chancery, and statutory law. Members of the Court were individually authorized to grant writs of habeas corpus under the same conditions and in the same circumstances as federal judges in the District of Columbia.

Presidents of the United States appointed the Justices of the Utah Territory. Document signed, Washington, July 25, 1868, being the appointment of Charles C. Wilson of Illinois “to be Chief Justice of the Supreme Court of the Territory of Utah”, with the “advice and consent of the Senate”. Wilson, a Republican from Illinois, took office in 1868 and served for two years.

This is our first ever appointment of a chief justice to a territory.