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Show THE CONSTITUTIONAL CON-' VENTION. ; NINTH DAY. WeJocMUy, Feb. 2 lyt. Convention convened at o'clock, a.m.; and was called to order by the prudent. Roll called; quorum present, pres-ent, i'rayer by KMer M. B. Ship. Journal uf previous day read and approved. ap-proved. The committee on boundary made a report, which was ordered to be printed and referred to the committee uf the whole. Uu motion of Mr. Fitch the chair was requested to appoint a eommiitee uf nine to draft a memorial to congres. to accompany the eon-tituliun. The chairman announced, as the committee on engrossing ordered the previous day: Messrs. Akers, Thurber and I'etirosu. Mr Fitch moved to reeon.-ider the ordinance, preamble and the first article of the bill of rights, passed yesterday; and that the motion be laid on the table. Carried. The convention then resumed the consid. ration of section four of the article on suffrage, on which Col. Akers took the lloor in support of his substitute. substi-tute. . . lie commenced by giving his principal princi-pal reason for reopening debate on the subject by saying that none of the propositions presented in committee ol tho whole were entirely satisfactory, and he had not been fully satisfied with tho one that was finally voted upon, lie regarded the subject matter of the pending proposition of graver and weightier import than any other subject sub-ject that had claimed .their attention. Many who had voted with the majority in committee had done so bceaasc the proposed amendment, in their judg-meut, judg-meut, deprived tho legislature of the power of providing by suitable legislation legisla-tion against fraudulent voting. There had not been, however, a test vote on the single issue raised by the substitute, sub-stitute, and ho felt that tho circumstances cir-cumstances warranted the reopening of tho discussion. The substitute clothed tho legislature with the power to make all laws necessary to preserve tho purity of elections and prevent fraudulent votinc; and had but a single limitation of this legislative authority, that no law should bo enacted whereby the ballot of any individual elector oould be identiGed; and on this issue he desired to have an expression from the convention. A great deal had been said upon tho subject of tying the hands of tho lagislature; and Mr. Cannon had even gone so far as to say that tho convention should refrain from adopting a mcasuro at variance with a Territorial statute because such action would bo a virtual nrraignment of tho legislature that passed the statute. Tho speaker submitted that such morbid mor-bid sensitiveness about tying the hands of the legislature and otlending the sensibilities of past legislatures was wholly out of place. That convention was composed of representatives of the people, bound by solemn oath to set bounds beyond which future legislatures legisla-tures should not pass. If they might not embody in the constitution a provision pro-vision that conflicted with a Territorial statute, then were they shut up within very narrow limits. But no such bonds were upon them; they were free to frame such a constitution, as they might deem best, subject to the single limitation that it should " be re publican in form. Another member of the convention had objected to the substitute on the ground that it bore the semblance of an unworthy pandering to popular clamor. This objection was only a side issue, and seemed like tho efforts of a parent bird to divert the attention of a truant schoolboy from the nest which contained con-tained Lta j-nnng by flulteimR -alone the ground, making noises to distract attention, and in every way attempting to evade discovery until it was able to wiug its way aloft while the seeker for its nest was bewildered in bis fruitless search, lie was as much opposed to yielding to popular clamor unjustly directed di-rected as any man could be; but it was as possible to be wrong in refusing to do a thing that was right because of an independence of popular clamor, as to yield to such clamor where a principle was involved; and he submitted that the substitute should sfand or fall on its own merits. Another member objected to the imposition im-position of any limitation upon the legislature, leg-islature, because no method had yet been pointed out whereby the purity ol elections can be preserved. The speaker proceeded to answer this objection, pointing out tho mcaus by which, he believed, the desired end could be attained at-tained and the secrecy of the ballot be secured, lie held that unless there be perfect freedom in the exercise of the oleotivo lranohiso there can be no fair expression of the popular will; elaborating on the principle of mutual influence, and showing that without a secret ballot men might be, could be, and are influenced to vote contrary to their desires. lie contended that a free ballot was the corner stone of free institutions; and held that the adoption of his substitute would disarm prejudice. preju-dice. His peroration was an eloquent appeal to tho convention to adopt the substitute. Mr. Milnor thought the question was not properly raised in the points discussed, lie would have no objection objec-tion to a law being enacted to preserve the ballot box from surveillance of any kind, but he thought this more properly the work of the legislature, rather than to bo embodied in the con- J stitution. Without the provision j which the substitute aimed to destroy, it would be an easy matter to stuff the ballot boxes. Col. Bu(d, being required by business busi-ness to be absent, asked indefinite leave, which was granted. Mr. Cannon inquired, if the substl-. tute was adopted, oy what moans the registry votes were to be counted. He had never cast a vote but in Utah, and was not familiar with the process of arriving at a proper conclusion. Explanations on this and other points were given by Colonel Akers and Mr. Fitch.: Mr. Fuller somewhat humorously remarked that he had agreed the other evening to support the county members mem-bers iu securing evening sessions, and a promise had been given that they ,the county members) would come to the aid of those wiio had thus voted for them, lie wished then to render that assistance in the vote on the proposition pro-position before the convention. He wa as anxious for the purity of the ballot box as anv gentleman could be, for it was alike trie duty and interest of every citizen to sec that the purity of elections elec-tions was held sacred. The baliot .-hould be protected by every 'safe-guard that experience and wisdom cou'd ' throw around it: but its use should be as free as God's own sunlight. The frauds at elections in New Yoik had been the subject of criticism, and just-! just-! Iy, but those" frauds were the result of j one party having entire control of the I polls; and be desired to know how nnm-) nnm-) bering the ballots : would prevent this 1 particular kind of fraud. He saw no I principle involved in the substitute, I and strongly urged the convention to adopt it. He referred to the result of ' sueh aloption, by its depriving the 1 enemies of a State government of th:-ir . last weapon; and held that even senator I Cragin, whom h-? had known for twenty twen-ty years, and of whom he spoke highly as a gentleman, would have his last objection ob-jection to l tab. swept away. Mr. Cannon thought it' they had to ; conciliate Mr. Cragin they might as 1 weii adjourn and go home; and touched briefly upon that senator's measure before be-fore coDgrefS directed agamt the old settlers of Utah. There had been no arguments yet advanced strong enough to change his views as to the propriety 1 of retaining the section objected to. There had been no argument in favor i Of the frei-dom of the ballot which was not his own sentiment; but he wi-hed the purity of the election secured as well xs the freedom of the ballot, and the system in operation in Ctah for the past nineteen years had accomplished accom-plished this much desired end. After Mr. Caution concluded a motion mo-tion was made to recommit the section sec-tion to the committee of the whole, but without acting on it the convention took a- recess till '1 p.m. '1 p.m. Convention convened as per adjournment, ad-journment, Mr. 'Thurber in the chair. General Barnum took the floor, and said ho would offer the few remarks he had to express, independent of any popular clamor, and equally independent independ-ent of any system which had heretofore hereto-fore prevailed, lie paid a high com- j pliment to the intelligence and liberality liberal-ity which had heretofore characterized the deliberations of the convention; and holding that many new provisions had been already incorporated in the constitution, of liberality and advancement, advance-ment, he desired it to corituin every principle that would reflect in the fullest sense the spirit and genius of the truest republicanism. When the founders of this republic did their work they had not the experience which the last hundred years had given. The theory of this government is that public opinion opin-ion rules, and the only way in which every citizen can express his opinion is by tho ballot. No doubt frauds have crept into the ballot box in different parts of the country, but ho believed these frauds were so greatly exaggerated exag-gerated that it would not do to introduce them as an argument. The minority everywhere charged frauds on the majority, when tho fact was they had not enough honest votes. There was about as much per ccntagc of truth in these statements of frauds as in the false stories circulated concerning con-cerning the terrible people who inhabit Utah. Had tho ballot box of Utah been free from the charge of fraud ? And how much of those charges wcro true ? lie did not say that thero was any truth in them, but the charges wcro made, lie contcuded that the ballot of thefiecman should be his sacred, secret right. He proceeded by drawing an argument from the power which an employer of a largo number of men would have over them, if there was a possibility of identifying their ballots. Referring to the public interest inter-est manifested towards Utah, and to a speech by a certain U. S. senator against Utah to secure his re-election, the speaker said he would be tho last man to tiy to conciliate a senator who would attempt to declare a plan adopted to secure purify of the ballot a felony, such as senator Cragin' s bill had doue; but he sustained the substitute substi-tute on other grounds. He dwelt upon the manner in which the registry system sys-tem worked to accomplish tho desired object of having honest elections; admitting ad-mitting that no system could be devised to entirely prevent fraud, but holding the superiority of the plan which he was elaborating. Mr. Miner did not think the convention conven-tion had assembled to discuss any act passed by the Utah legislature, or any other legislature, but to frame a constitution con-stitution founded on the principles of equity and truth. He had been examining exam-ining the constitutions of the several States, and found that five of them required re-quired voting viva voce, and the rest left it to the legislatures to determine de-termine the manner of easting ballots. The question before the convention con-vention was how to give the citizen the greatest amount of freedom and security secur-ity consistent with the welfare of the State. 1 le was in accord with the sentiments sen-timents expressed in the substitute; and he could see no especial difference between it and the law under which elections have been conducted in the Territory of Utah, lie held that under un-der the system at present in force, Iraudsworc possible; and iavorcd the casting of secret ballots, but was opposed to their being cast without any mark by which it could be determined bow many votes were really cast. He favored fa-vored an idea offered by Mr. Fitch of the election inspector's name being written by him on each ballot. Mr. Fitch thought Mr. Miner had reached tho conclusion of the Dutch justice, that it was a olear case on both sides. He thought the consideration of this substitute without considering the election law of Utah would bo like the play of Hamlet with the part of Hamlet left out. There wcro but two propositions logically before the convention; con-vention; one, was this law necessary? and the other, if the first was decided in the negative, what legislation was necessary to secure tho purity of tho ballot? Had this law worked effect-1 ively at all times during the nineteen years of its existence? If so, how could the vote of Ophir, of Corinno and of Wasatch, at certain elections, in some instances exceed in number the entire adult population? The convention con-vention had provided for a registry law, and it was the duty of the legislature legis-lature to provide for purging the registry before election. He was in favor of the ballot being marked, to show that it had been legally cast, but not so as to disclose who had cast . it- He was astonished to hear Mr. j Cannon oppose tho substitute on the I ground thaj, it was an innovation. The people of Utah had been a people of I tnnovatioHs. Their religion was an innovation in-novation not merely upon nineteen years but upon nearly nineteen hundred hun-dred years. They had introduced a ; new social system. ' They had solved the temperance problem; and the civil service problem, which was even now ! threatening the disruption of a great and hitherto victorious national party. By another innovation co-operation they had solved the labor reform problem, prob-lem, which had recently called into existence ex-istence another party. And they had adopted woman suffrage. Every good measure that had been proposed they had been willing to try instead of setting set-ting it aside as an innovation. The convention had shown a desire to incorporate in-corporate in the constitution all the great political reforms; and were they to pause at this reform because the law it set aside had been in existence for the past nineteen years? lie closed with an eloquent peroration iu favor of the secret ballot, warmly eulogizing the liberal sentiments which the gentlemen of the convention had manifested; and said if the section under discussion were recommitted, he would offer another amendment, differing from the substitute of Mr. Akers. i On motion the section was reconi-' reconi-' mitted to the committee of the whole, i The convention took up the remaining remain-ing sections of the article on suffrage and adopted them; and the entire ar-i ar-i tide, exception section four, was passed. i Anicie three, the distribution of powers, was- then taken up, and on ' morion wa; adopted. i Mr. Fitch moved to reconsider and that the motion be laid on the table. Carried. Convention took a recess till aeveu o'clock. 7 p m. On motion the c-tavtntion went into committee of the whole, and resumed consideration of the fourth, section of the article on suffrage. Mr. Filch offered as a substitute for Mr. Akers' amendment, to insert after the word "ballot," "and no law shali ever be enacted by which the ballot of any elector can be identified, except for the purpose of determining contested election eases." The sui ted was discussed by Messrs. Barnum, Johnson, Miner and Fuller for the amendment, and by Messrs. liich, Thatcher, Jesse N. Smith, Preston, Pres-ton, William Snow, R'chards, Cannon, Farr, L. W . Forter, Fratt and Judge Snow against it. I The motion was put and lost. The motion on Mr. Akers' substitute j was put and lost. The committee rose and reported; land the convention considered tho re-! re-! port of the committee, and unanimous-! unanimous-! ly adopted section four of the article on : suffrage. |