1st Session.

No. 26.

PROPOSED STATE OF DESERET.

MEMORIAL

OF

THE LEGISLATIVE ASSEMBLY OF THE PROPOSED STATE,

FOR

The admission of the State of Deseret into the Union, and accompanying papers.

MARCH 20, 1867.—Referred to the Committee on the Territories and ordered to be printed.

To the honorable the Senate and House of Representatives of the United States of America in Congress assembled:

GENTLEMEN: We, your memorialists, the members of the general assembly of the State of Deseret, respectfully state that our peculiarly isolated position, the well-proven inadequacy of a territorial organization to meet the wants of a numerous and rapidly increasing population, a disposition to lessen governmental expenditures, and an earnest desire to enjoy those inherent, inalienable, and constitutional rights guaranteed to every American citizen, have induced the citi zens of Utah to unanimously and constitutionally organize a State government, preparatory to their admission into the Union as the State of Deseret: Wherefore your memorialists most respectfully solicit your honorable body to favorably consider this, our petition, and, at as early a day as other important duties will permit, take action admitting the State of Deseret into the Union, on an equal footing with the original States. And, as in duty bound, your memorialists will ever pray.

Adopted January 22, 1867.

PATRICK LYNCH,

Secretary of the Senate.

ROBERT L. CAMPBELL,

GEORGE A. SMITH,

President of the Senate. JOHN TAYLOR,

Speaker of the House of Representatives.

Chief Clerk of the House of Representatives.

CONSTITUTION OF THE STATE OF DESERET.

We, the people, grateful to the Supreme Being for the enjoyment of life and mercy, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish the following constitution:

ARTICLE 1.-BOUNDARY AND NAME.

All that part of the territory of the United States bounded as follows: Beginning on the thirty-seventh parallel of north latitude where it intersects the thirtysecond meridian of longitude west from Washington, or the one hundred and ninth meridian of longitude west from Greenwich; thence west on said parallel to the thirty-seventh meridian of longitude west from Washington, or the one hundred and fourteenth meridian of longitude west from Greenwich; thence north on said meridian to its intersection with the forty-second parallel of north latitude; thence east on said parallel to the thirty-second meridian of longitude west from Washington, or the one hundred and ninth meridian of longitude west from Greenwich; thence south on said meridian to the place of beginning is hereby formed into a free and sovereign State, and named Deseret.

ARTICLE 2.-DECLARATION OF RIGHTS.

SECTION 1. In republican governments all men should possess their natural rights, among which are those of enjoying and defending their life and liberty, acquiring, possessing, and protecting property, and of seeking and obtaining their safety and happiness.

SEC. 2. All political power is inherent in the people, and all free governments are founded in their authority, and instituted for their benefit; therefore they have an inalienable and indefeasible right to institute government, and to alter, reform, or change the same, when their safety, happiness, and the public good require it.

SEC. 3. All men have a natural and inalienable right to worship God according to the dictates of their own consciences; and the general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or to disturb any person in his religious worship or sentiments, and all persons demeaning themselves peaceably, as good members of this State, shall be equally under the protection of the laws; and no subordination or preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be ever required for any office of trust under this constitution.

SEC. 4. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to abridge the liberty of speech or of the press.

SEC. 5. The people shall be secure in their persons, houses, papers, and

sessions from unreasonable searches and seizures.

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SFC. 6. The right of trial by jury shall remain inviolate, and all prisoners shall be heard by self or counsel at their own election, and no person shall be held to answer a capital or otherwise infamous crime unless on presentment or indictment of a grand jury; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor be compelled in any criminal case to be a witness against himself.

SEC. 7. All penalties and punishments shall be in proportion to the offence, and all offences, before conviction, shall be bailable, except capital offences where the proof is evident or the presumption great. Excessive bail shall not be required.

SEC. 8. The writ of habeas corpus shall not be suspended unless in case of rebellion or invasion, or the public safety shall require it, and then only as provided by legislative enactment.

SEC. 9. Treason against the State shall consist in levying war against it, or adhering to its enemies, or giving them aid and comfort.

SEC. 10. The general assembly shall pass no bill of attainder, ex post fucto law, nor law impairing the obligation of contracts.

SEC. 11. The law shall not be suspended but by legislative authority.

SEC. 12. The right of petition by the people shall be preserved inviolate. SEC. 13. The right of citizens to keep and bear arms for common defence shall not be questioned.

SEC. 14. Private property shall not be taken for public use without just compensation.

SEC. 15. No standing army shall be kept up in this State in time of peace, and the military shall at all times and in all places be in strict subordination to civil power.

SEC. 16. The enumeration of certain rights shall not be construed to impair or deny others retained by the people.

ARTICLE 3.

The powers of government of the State of Deseret shall be divided into three distinct departments, viz., legislative, executive, and judicial.

ARTICLE 4.-OF THE LEGISLATIVE.

SECTION 1. The legislative authority shall be vested in a general assembly, consisting of a senate and house of representatives, the members of which shall be elected by the people.

SEC. 2. The sessions of the general assembly shall be annual until otherwise provided by legislative enactment; and the first session shall be as hereinafter provided.

SEC. 3. The members of the house of representatives shall be chosen biennially by the qualified electors of their respective districts, and their term of office shall continue two years from the day of their election.

SEC. 4. Senators shall be chosen in the same manner as the representatives, and their term of office shall continue four years from the day of their election. SEC. 5. No person shall be a member of the general assembly except he be a citizen of the United States, and an inhabitant of this State one year preceding the time of his election, and has, at his election, a residence in the district he may be chosen to represent.

SEC. 6. The general assembly shall have power to prescribe the number, and make an apportionment of senators and representatives: Provided, the number of senators shall not be less than one-third, nor more than one-half, of the representatives; and at its first session each house of the general assembly shall respectively be divided by lot, as equally as may be, into two classes: the seats of the representatives of the first class shall be vacated at the expiration of one year, and of the senators of the first class at the expiration of two years. SEC. 7. Each house shall choose its own officers, and judge of the qualification, election, and return of its own members.

SEC. S. A majority in each house shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner, and under such penalty, as each house may provide.

SEC. 9. Each house shall have all powers necessary for a branch of the general assembly of a sovereign State.

SEC. 10. Each member of the general assembly shall be privileged from civil arrest during any session, and in going to and returning from the same.

SEC. 11. Neither house shall, without the consent of the other, adjourn for

more than three days, nor to any other place than that in which they may be sitting.

SEC. 12. The members of the general assembly shall take an oath or affirmation, to support the Constitution of the United States, and of this State, which may be administered by each other, or by any person qualified to administer oaths.

SEC. 13. The veto power of the governor shall be allowed by the general assembly, except on bills which, when reconsidered, shall be again passed by a majority of two-thirds; and any bill vetoed by the governor shall be returned within ten days (Sundays excepted) with his objections, otherwise it shall become a law, unless the general assembly, by adjournment, prevent its return. SEC. 14. Every law passed by the general assembly shall take effect from and after its publication, unless otherwise provided at the time of its enactment. SEC. 15. At the first election under this constitution the voters of this State shall elect thirteen senators and twenty-six representatives, in the manner members are now elected to the legislative assembly of the Territory of Utah, and according to the apportionment made by the legislative assembly during its eleventh annual session in 1861-'62. All subsequent elections shall be held and conducted as prescribed by law.

SEC. 16. The legislative power of the general assembly of this State shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and of this State.

SEC. 17. It shall be the duty of the general assembly to elect two senators to Congress as prescribed in section 3, article 1, of the Constitution of the United States.

SEC. 18. The house of representatives shall have the sole power of impeachment, and the senate shall have the sole power to try impeachments. When the governor or lieutenant governor is tried under impeachment, the chief justice shall preside. No person shall be convicted under impeachment without the concurrence of two-thirds of the members present.

ARTICLE 5.-OF THE EXECUTIVE.

SECTION 1. The executive power shall be vested in a governor, whose term of office shall be four years, and until his successor is elected and qualified. A lieutenant governor shall be elected at the same time and for the same term.

SEC 2. No person shall be eligible to the office of governor or lieutenant governor unless he has been a citizen of the United States six years and a resident of this State four years next preceding his election.

SEC. 3. When the governor elect has received his certificate of election, he shall qualify for entering upon the duties of his office by taking an oath or affirmation to support the Constitution of the United States and of this State, and to faithfully discharge the duties of his office; said oath or affirmation may be administered by any person authorized to administer oaths.

SEC. 4. The governor shall be commander-in-chief of the naval and military forces of this State.

SEC. 5. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices.

SEC. 6. He shall use all due diligence for the faithful execution of the laws. SEC. 7. When any office shall from any cause become vacant, and no mode is prescribed by the constitution or laws for filling such vacancy, the governor shall have power to fill such vacancy by appointment, which shall expire when such vacancy shall be filled by due course of law.

SEC. 8. He shall also have power to convene the general assembly by proclamation, when, in his opinion, the interests of the State require it.