County Government at Maughan's, Fort

Article taken from:
Windows of Wellsville 1856-1984
© 1985 The Wellsville Historic Committee

Cache Valley was truly fortunate in the class of men who founded its cities; and to this fact the county owes its reputation, affluence, and social importance. Because of the diversity of activities in which Peter Maughan engaged, it is hard to fully appraise his contribution to the early settlement of Cache Valley. That his influence was extensive and enduring is unquestionable. But likewise, because these activities were community and cooperative enterprises, credit for their accomplishment should be shared with others. However, the historian Edward W. Tullidge writes: "But to Peter Maughan belongs the honor of being the pioneer of the settlement of Cache Valley. With him commenced the founding of the cities of northern Utah. He came by the direction of President Young for that purpose, removing from Tooele Valley in July 1856." Peter Maughan was a man of great force of character. He had been elected a member of the House of Representatives from Tooele County on the fourth of August 1856 before he left for Cache Valley.

Cache County was created by an act of the Fifth Annual Session of, the Utah Territorial Legislature held at Fillmore, Utah Territory's first capitol on 11 December 1855 and approved 5 January 1856. According to An Act in Relation to Counties, "Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, Section 5. All that portion of Utah Territory bounded north by Oregon, west by the summit of the mountains next west of Cache Valley, south by a line running east from a point six miles north of Brigham Young, sen., and Lorenzo Snow's flouring mill in Brigham City, to the west line of Green River county, and east by Green River County, is and the same shall hereafter be called Cache County, and the probate judge, when elected, is hereby authorized to organize the same and locate the county seat thereof."

Of French origin, the word "cache" means a hiding place for provisions or' treasure. It was applied early in the nineteenth century by trappers who "cached" their furs in the convenient clay banks near the Logan River.

On 8 January 1857, the Legislature elected Peter Maughan as the first Probate Judge of Cache County. He filed his bonds on 17 January 1857 and returned to Maughan's Fort to prepare for the organization of the county. The office of Probate Judge was an important one at that time in the history of the territory. It was for a period of only one year, when a new appointment was made. He was the chief executive of the county with all of the rights and responsibilities that go with such an office. He had jurisdiction over states; guardianship, divorce cases, authority to enter lands in trust for the benefit of occupants of towns, but had no authority in criminal cases. Each organized county with the Probate Judge at the head was required to elect three selectmen at the annual election of the county. The County Court with the Probate Judge as the presiding officer, the selectmen, recorder, sheriff, and treasurer had jurisdiction of the civil operations of the County. Assisted by the three selectmen, the Probate Judge was to preside at all elections. In the event of a tie, the Probate Judge was to choose the winner. He had the responsibility of organizing the County into precincts and of seeing to it that a school board was chosen for each precinct. He had control of timber, water privileges, and water courses. It was his duty, with his selectmen, to care for the poor, the insane and their families, and to look out for their maintenance. They were also empowered to collect taxes and to pass legislation for the county.

Some Utah "gentiles" were concerned with the unusual judicial authority given the probate courts. Whereas anti-Mormon federal judges were unwilling to grant citizenship to immigrating Latter-day Saints as long as the church accepted the practice of plural marriage, the probate courts had the right to hear citizenship petitions and grant American citizenship. With this authority Judge Maughan organized the county and appointed officials to act until the next election. He also chose to fix the site of the county seat at Wellsville (Maughan's Fort), since there was only one other choice at that time, that being the Elkhorn Ranch! Even though the name of Maughan's Fort was not changed to Wellsville until 13 November 1859, the Cache County records refer to it as the Wellsville Precinct as early as 1857.

So it was that on 4 April 1857, at Wellsville (Maughan's Fort), Peter Maughan called into session the first meeting of the County Court of Cache County, Utah territory. On that day a full slate of county officials was appointed. As selectmen (forerunner of our County Commission) William Gardner, Orange D. Thomson, and John T. Garr were chosen. The first county sheriff was William Garr; recorder and clerk, Francis W. Gunnell; treasurer, John H. Maughan. The said officers having filed their bonds, and taken the oath of office, the court then proceeded to transact the following business, to wit:

"An Act In Relation To Precincts"

Section I. Be it enacted by the County Court of Cache County, that all that portion of Territory bounded as follows: commencing at the intersection of the line on Bear River between Box Elder and Cache County's; thence in a Southerly direction along the dividing ridge to the east and west line between said counties; thence east on said line to Oregon; thence north to a parallel line of the place of beginning shall be designated and known as the Wellsville Precinct."

The Wellsville precinct thus designated and its boundaries named, the following precinct officers were appointed: justice of the peace, William Hamblin; constable, Thomas R. Leavitt; fence viewers, William H. Maughan and Zial Riggs; pound keeper, Joseph H. Woodward. George W. Bryan was appointed as assessor and collector and was given ten percent for assessing and collecting the taxes. A levy of one-half of one percent was levied on all the taxable property for Territorial revenue and one-half of one percent was levied for county revenue. With the exception of William and John T. Garr, who were at the Elkhorn Ranch, these men were all residing at the fort. They were appointed to act until the next general election which was to be held in August 1857.

The second regular term of the county Court was held at Wellsville (Maughan's Fort) on 1 June 1857 with Peter Maughan, Probate Judge, presiding. "A resolution pertaining to the election of officers. Section I. Resolved by said Court that the Clerk shall, according to law, post up notices in said precinct, for the election of the following officers, to be elected on the third day of August next: Two Councilors, for Cache, Malad, Box Elder, and Weber counties, and three selectmen, one sheriff, one recorder, one treasurer for Cache County, also one justice of the peace, one constable, two fence viewers and one pound-keeper for precinct officers."

The third regular term of the court was held on Monday, 7 September 1857, when the County Clerk Francis W. Gunnell presented before the court the returns of the 3 August election, when the following officers were elected to wit: John M. Bernhisel, Member to Congress; Lorenzo Snow and Loren Farr, Councilors; Johnathan C. Wright,. Representative to Legislature; and all officers appointed in April had been elected to their respective positions. A resolution was also passed that all Territorial taxes be paid in cash or Territorial scrip (a certificate of a right to receive money); and the County taxes to be paid in cash, County orders, or wheat at $1.50 per bushel. All funds not otherwise appropriated should be expended on County roads and bridges.

By the 7 December 1857, the Assessor and Collector's report showed a total income of $54 collected in taxes $35 in County taxes and $19 in Territorial taxes. Of this, $25 had been paid to William H. Maughan for working on the canyon road, $5 had been spent for stationery for Peter Maughan, and $5 had been paid to Francis W. Gunnell in his role as recorder and County clerk.

The County Court had a long recess of seventeen months because of the "Move South" and did not meet in session until 23 May 1859. The following were appointed to fill the offices until the next general election: selectmen, William Gardner, Charles Shumway, and George W. Pitkin; sheriff, Samuel Park; recorder, Francis W. Gunnell; treasurer, John Maughan. The officers having filed their bonds the following business was transacted: levies of one-fourth of one percent on the taxable property of the County were made for the Territory and one-half of one percent was levied for the County. Ten per cent was allowed for assessing and collecting, and John Owen was appointed assessor and collector. There was $12 as delinquent Territorial taxes for the year 1857, because of the exodus south, and this was ordered paid out of the County revenue for the current year.

With the increase in the number of settlers who returned to the valley when the "Utah War" ended peacefully also came an increase in revenue with which to operate. Revenues for 1859 were in excess of $700, yet with this increase there wasn't enough for the building of bridges over the Little Bear River, and the citizens of Maughan's Fort were ordered to see that this was done by donation.

During its May 1859 session the Court passed a piece of legislation that remained in force until 1908. It decreed that each town in the County would constitute its own school district.

The County Court met again on 6 June 1859, at Wellsville (Maughan's Fort), when James Williamson was appointed road supervisor for the Wellsville precinct and instructed to open a road through New Canyon and connect it with the road leading to Box Elder County, the expenses to be paid out of the County revenue.

On 1 September 1859, the Court met at Wellsville (Maughan's Fort), when the clerk presented the returns of the August election when those men who had been appointed in May were elected. The Wellsville precinct officers included: Esaias Edwards, magistrate; John W. Lusk, constable; William H. Maughan and John Thirkell, fence viewers; and George W. Edwards as pound-keeper.

The Court met on 5 March 1860 for its last meeting in Wellsville (name changed officially on November 13, 1859). It levied the usual five-mill property tax, appointed Thomas E. Ricks as sheriff, and then moved its operation point to Logan, when in June a meeting was scheduled and at such time Logan would be designated as the County seat. At that time Wellsville was the largest settlement in Cache Valley. The census showed Wellsville with ninety-nine households and five hundred seventy-four people. Logan was the second largest town with one hundred-twenty households but only five hundred thirty-three people.

© 1985 The Wellsville Historic Committee