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Show THE CONSTITUTIONAL CON- VENTION. j fifth Dy. j Friday, Feb. -.i, 17 A j tjunvi:ntiun ui'it at In a.m.; roll cnll-i-ii; 'ijniru pri'-out. l'n:V. I'r. i .limiCn-M, Ol" tin! Mrlllu.liit I church, ctl'erutl rnsvr. j J uiiriKil ruaJ. j Tito ru itrts of committees, U:inK in onl'-r, wirru eai!:'l lor, ami several w-jre j lian-lcil in. ! Mr. Mirier called J-jr tint Tending ol , lliu r I'Di't.i of I lie cumuiiiiueH, which I were rem! iy the secretary ami nCrrcd ! ij roiinnilti't: ui' lite whole. Mr. Tlmrhor moved that, a hundred and twenty live copies of tho report of tin; committee on impeachment be printed. JudtfG llotfu desired lo amend hy mo vim,' that ail the reports, thai have heell reiid he printed. Mr. F. 1. Kichurds spoke in I'uvui-ul' he amendment. '1'lie motion and amendment were carried. Mr. Kit eh moved that tho committee commit-tee on boundary lie requested to fur in -.h tho convention a epy of a map on which is the Tenilory of Utuh.showini; the proposed boundaries. Inquiry having been made where the iii ii was to be procured, the president presi-dent said that any of the members h;. viiii; the report of the general land otliec Ibr IS7U would lind in it a map hiillteienily lars'e to auswer all pur- Mr. Fitch's motion prevailed. a Col. Akers moved that speeches of a members, in committee of the whole, should bo limited to how loan ? i' A member Une minute. t. ! lau-hter. " Col. Akers proposed live minutes to each, and that no member be permit- t te.d to H peak more than twice on tho c same proportion. s Mr. Miner moved as an amendment a that the time be ten minutcH. No I hCeond. Mr. O. l'ratt iuiuired whether, alter the rains' of committee of the whole, t there would bo a limitation of time for debate in the convention. Some sub- 1 j 'ets he considered needed lull debate t before b-'ing adopted. c Col. Akers said his motion icleried uulv to eotnmitlee of the whole. .lud.KO Snow otlered a remark, which f did not reach the reporter's table dis- i tinetly. (Will the judge be good enough t lo speak a little louder O Col. Akers' motion limiting the time i of speeches lo live minutes prevailed. : The eonveiiliou resolved itself into eommittee of the whole, Col. Akers in ' liie chair, and resumed consideration I of tlm report of the committee on or- ' dinanee. Mr. 1'nUL understood a motion had been made to strikeout tho lifih see-lion, see-lion, and moved to amend by inserting the word "constitutional" alter the word "such." lie deemed this change viiy necv-.-aiy, because with all the i wisdom i f eongres.s it sometimes passed enactments conflicting with the federal constitution, and as decided by the supreme su-preme court of the United States. He cited the Cullom bill as an instance of an unconstitutional measure which had passed one branch of congress; and to the enabhng act introduced into the house of representatives represen-tatives by Mr. Sargent ol' California, which alo contained what he held to be an mieenstitutional provision. Judire ll.iydon moved that the amendment be adopted. Mr. Fitch did not see that the amendment would accomplish the gentleman's gen-tleman's object. Should congress propose pro-pose termswhich he might deem uueou-r-tiuitioiial, would he not be willing that they should be submitted to the people? peo-ple? Whether the terms of congress, if any, shou'd he constitution'!!, they oitsht never! hele-s to be submitted. Mr. Miner held that from the con-Miu.'lion con-Miu.'lion of the section in question the State had to be admitted (' Wo before be-fore Mich terms would be submitted to the people, as the legislature of the proposed State was required by it to prescribe regulations for their being so submitted. There could be no State legislature unless there was lir.-t a State, and this left it open lot the State to be admitted and then thrown out iu the cold if the prospective terms should not be accepted. Mr. Cannon thought this convention would make the necessary arrangements arrange-ments befjre adjourning, and that this objection would be met by the future action of the convention. Judge Uaydotl was in favor of Mr. l'ratt's amendment. Ceneral Uarnuiu thought the insertion inser-tion of the word proposed by Mr. l'ratt would accomplish no good purpose, and that it conveyed an insinuation that eougress would impose terms which were or might be unconstitutional. Now, congress acts uuder the constitu- tiou, and was it reasonable to suppose it would seek to impose unconstitutional .tortus? Hut suppose it did. who was to decide as to thrir constitutionality or unconstitutionality? The acts of eongre.-s am the law of t c hind and held to be constitutional until decided otherwise bv the supreme court. Mr. Thurlvr was surprised to bear geutlaneu object to the ueofthe word 'eonstitutioir.il,'' and as a Mipporter of the government he wouid vote lor its insertion. it then stood bo con-riercd con-riercd it only a bid lor eon cress to make utieon-tiiutional terms, and sl-c it' tho people of I'tah wouid accept them. Mr. J. W. Young cou'd ee that the convention or the Teniioiy were e'Vetiog any terms or making any bids. There was a c'auior in the com. try that the people of the Territory ho:ld make some concession, and he thought the peepie. who only desired their rights, shcuid, iu asking a State government, gov-ernment, tive oiiiciv.- an opportuui'y to say it' '.hey h id a::y ter'.s :o imp-v-se, aiL'l tl.vii the pe.ipie eo sid decide on the aeivp:at;ee of liiese terms. He was as !i;;!e iixlnicd t. saeritieo pi in-eipic in-eipic a any memU'r of the vvnvention. b;t he deemed it uecess;try that it shoe'd K-Kt't to coi'cress f say what eoTKVssious were r .uiird of the people. wi.o wou'd : !:-':i have the e;-portueiiy e!' ::ivep!:m: or rejecting tkeui. He was opposed to Mr. I'r ut's ameniiment. Mr. l'ratt wa not Mire that he wouid Keeeur the seeti'Mi even it' the word was'u-erud. Me c-ns-.-'.eud -Mr. Miner's objetfi 'in the section a very serion- i ae; Lui it : i.e. vi ion be ivt amen.'-'-!, l:c was iu favor oi'-'riking it en aitogeTuer. Mr. Cannon said thi section wa in trod need for a purpose. U? thought the exigencies ot' the times demanded a Stite government He need not dwell upon the reasons tor it. Ailu-ion hid : been mate to the prejudice existing' s';aiu?t I" tab; and in this morion th-;y a.-kid eo:;iit:sS wb.it Urtui It had to i":v;cri;.c oli wh::h thc-y might b.1 admitted. ad-mitted. He did no; care, in one way, whether the terms imposed were coo- :t;:ati,inal or not. it was tor the poo- . pie to decide. He closed with a stir-ricz stir-ricz appeal to sustain the section. Mr. Fuller said con eres would not ; knowingly impose unconstitutional i terms. He thought Mr. Fitch's proposition proposi-tion was b.'inlo.t fight of, that if they irisertil the wurd "cJiL-!titutional,"they luuk from the jxiople the right to ay whether they aeeepu-d the required terms or not. Ilenid.-H, if congress should impose uneuu-ititutional terms an appeal to the court of la.-.t resort i would set them a-iide. ; JudgoS, now thought the insertion tiou thai cult if re -sS would impose uu-coiLititutional uu-coiLititutional terms, and he would Vote ag.iin.it the motion. Mr. l'ratt's motion was put and lost. Mr.' Cannon said the committee which had presi-nted the ordiuance wished, to amend the section by Hibsti-tuting Hibsti-tuting "this conventiun" for ''the lirst legi.-lature of said Stale." Mr. 11. 1. Johnson wislied the convention con-vention to be conducted according to parliamentary rules, and held that a member of the committee on ordinance could not make such an amendment. Mr. Cannnn made tho motion as a member of the committee of the whole; and it was then put and carried. Judtfe Snow moved to strike out the word "prescribed" from the lir.it line of ihc section and insert "proposed." Lot. : The same gentleman moved to change the words "said State" to "thi.i State." Lost. The motion to strike out the entire section was then raised, and Mr. Miner Min-er spoke in favor of the motion, as the section seemed like asking congress to impose conditions other than have ever been required of any other Territory seeking admission as a State. Utah should ask admission the same as any other Territory, in a dignilied manner, neither supplicating nor in a spirit ol braggadocio, but in a spirit of man hood. If congress had any terms tc propose, it would do it iu its sovereigr power, and they then could accept or reject them. Mr. M. Thatcher would sustain tlu motion to strike out the section. Utah presented as honorable claims for ad mission as any Territory had ever done i nd he believed it should he admitted1 is other Slates had been. Mr. J. Wi Young contended that, n view of existing prejudices, unless here should bo some section of this lature, something by which congress would see that the people of the Territory Terri-tory wero willing to meet in a spirit of concession those prejudices, their constitution con-stitution would be laid on the table and allowed there to remain. He was op posed to the motion. Mr. h'arr said it was understood what objection congress had to the admission ad-mission of Utah it was polygamy. Wore they willing to yield polygamy for tho sako of obtaining a State government? gov-ernment? If they were, .say so, and obtain State sovereignty. Mr. Milucr did not think congress was asked to prescribe terms by the section; the inquiry was only made, had it any terms to prescribe? He did noi think congress would wish to impose conditions which could not be accepted in honor. Congress might ask a census cen-sus enumeration of the Territory; and other conditions might be prescribed which would be right and proper to prescribe He was opposed to the motion. mo-tion. The committee then rose, reported progress, and asked leave to sit again. Leave granted. The convention took a recess. 2 p.m. The convention again resolved itself into a committee of the whole, Judge llogc in the chair, and proceeded with the consideration of the motion to strike out the tilth section of the ordinance. ordi-nance. Mr. Tyler opposed the motion. He could see nothing in the section, which no had carelmly tnougtit over, ttiat would compromise the honor of any member of the convention, or the people peo-ple of I'tah. Application had been made before Ibr the admission of Utah, which had been refused, and this section sec-tion only asked, in fact, what were the reasons why admission had not been granted ? Mr. W. Snow, the proposer of the motion, said the section was materially changed since his motion had been of-1 of-1 fered, and in view of that change he would withdraw it. Objection was uiade and the consideration of the motion mo-tion was continued. Mr. Rich thought the constitution should be republican in form, and he asked why a section should be introduced intro-duced which would open a way for something which was not republican, lie thought they had a right to ask what they wanted, and he was in favor of a strictly republican constitution, lie favored the motion. Mr. J. K. Murdock, of Beaver, was in favor of the seotion being retained, lie did not think the members of the convention had assembled to tell what they had done in the past, nor to criticize criti-cize the parent government, but toj frame a constitution that would beac-j ceptible and would secure the ad mis-1 sion of I'tah as a State. 1 Mr. Tyler rose to his second speech. 1 He road the section; and hold that in passing it they denied themselves.no rights. Congress might accept "the constitution without any conditions; and if conditions were prescribed the people of the Territory had the right to vote upon them. If congress did not accept the constitution he was sat-istied sat-istied it would say why the constitution was objectionable and would state on what terms Utah could be admitted. Mr. Pratt was opposed to the section because it was an anomaly, such as no other State had embraced in its constitution. consti-tution. He held that the Territory had a right to demand admission, for a Territorial government is not a republican repub-lican one. They had once had a republican re-publican government in the State ol I'eseret, but that right had been taken trom them, and he held they were only I asking for that right being returned to: them, lie treated on the constitutional constitu-tional powers of Congress and the government, gov-ernment, and said he had been loyal to i that government, and so bad his fa-1 fa-1 thers before him; and he did not think , his rights as an American citizen had ! been destroyed because he was one j of the early pioneers of Utah. I Mr. J. C. Wright, of Bos Elder, told an anecdote of a celebrated Indiana . hunter who had somewhat lost his skill in shooting, and who wished the sulus ' of his riti-j altered because he had only been able to hit a squirrel in the cor-i cor-i nor of the eye when he should have made a centre shot: making the application ap-plication that if the convention kept endeavoring to alter the sights to hit the centre of the bull's eye there was a fair prospect of their continuing six months at it. Mr. l'ratt said he had another five minutes. His great reason forwishinc to strike out the section was, because it was something unheard of in the history of States, As this ordinance was irrevocable, ir-revocable, unless by the consent of con- gvess and the people of Utah, he did not desire to see such a section in-eluded in-eluded in it. It was a section lucged in independent of all other ordinance that ever had been framed, and should be stricken out. Mr. Fuller did not consider that they were asking congress to impose conditions, though it was well under-! under-! stood that conditions would be prescribed. pre-scribed. In a lew humorous remarks he opposed the motion. Mr. Cacaeo sid there wis cn point which oueht nj:: to be disguised. Mr. Pratt said the section was anomalous. He adiuiited it; but they were an anomalous an-omalous people and in an anomalous; condition. The section gave congress I . the opportunity to say what terms ; were required for the admission of i Utah. There had beea a carefuily ela-. borated speech delivered in favor of i the prohibition of polygamy, and if anything any-thing could cuiiwuce the -jujakcr that it should be done, it would have been .thai seceh. He did ijnt wish fur thctn to iusert in thj constitution con-stitution a clause abrogating p ly-I ly-I gamy; nor to go into congress with an ultimatum on the subject; but to go as one of the contracting parties nrul K'n rn wli'it terms wen; reoiiired for admission; Constitutions and deb-gaie-i bud b'-t-u sent belure; he had had the honor of Wing one of the la.it j : delegates, and he was satisticd the re- j tcuiion of this section would have a, I bcn-licial elb.ct. j The motion to strike out the lifttt 1 , section was then put and lost, i The reading of the report of the ! committee on ordinance and bill of rights was proceeded Willi, and the : preamble was approved. ! lo the tirst section of the tirsf art-1 art-1 icle, Judc Snow moved to strike out : the word "men" and insert "persons." I Mr. (). l'ratt moved to amend the motion of amendment, by making it read "men and women," holding that children wen; persoin and yet had not and did not eserei-e w-rtain rights I specified. 1 Judge Snow ace pled the amend-; amend-; tuent. j Mr. Fitch hoped the amendment I would not prevail. All these points had been carefully considered in the committee and they had placed it as it 'Stood after mature deliberation, it was understood that the word "men" ''applied to both "men and women." ! Mr. Miner said he believed there was a decision ol' the supreme court , declaring that persons did not include ' women. Yet it was well understood that "men" was a generic term, and it i was universally admitted that men did i embrace women. Mr. Watt agaiu spoke in support of his amendment. He was strenuously in favor of women possessing and cn-. cn-. joying property and other rights of - citizenship. , Mr. Miner quoted a decision of the supreme court ol tne united states, on an appeal from Oregon, in which it was decided that the word men included in-cluded women. Mr. Fitch explained that the reason why women were refused suffrage in the several States was, because the State constitutions reserved the right of suflrage to "male" citizens. The amendment was lost. Mr. Watt moved Lo amcud the same section by substituting " lives " for "life". Accepted. Mr. Thurbcr moved to amend the fourth section by inserting after the word "a State," "by infringing upon the rights of others." lie spoke to his motion, and held that the broadest liberty was that which allowed every person to do as they pleased, so long as they did not infringe upon the rights of others. Mr. Cannoti held that the words only weakened the section. Tho motion was lost. Mr. H. D. Johnson moved "to amend the section by inserting after the word "witness," the words "or juror." Mr. Pratt thought it needed some amendment of this nature, and to meet his mind he would amend it to cover o flice-hoi ding as well as jurors, Mr. Fitch repeated that the language had been carefuily weighed by t lie committee. The section was a copy of that in the constitution of Nevada and New York. He contended that there might occur cases in which a man would not be morally eligible to serve as a juror on account of religious belief. be-lief. Mr. H. D.Johnson thought if the committee of the whole w.-re lo be bound by a careful consideration ot the committee on ordinance, they were going to unnecessary labor. They had resolved themselves into a committee of the whole to consider and amend, if j they deemed necessary, the section as i read. " i Other amendments were offered until un-til Mr. Johnson's amendment, as altered al-tered stood, "to hold any office of public pub-lic trust, to sorvc as ajuror, and to be-a be-a witness," which after some further discussion was lost. The'scction was finally amended to read: "The free exercise aud enjoyment enjoy-ment of religious profession and wor-1 ship, shall, without discrimination or preference, forever be allowed in this State; and no person shall be rendered incompetent lobe a witness on account of opinions on matters of rcligioujbut the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or other crimes, or justify practices inconsistent with the peace or safety of this State." Tho reading was continued to section sec-tion eight, from which the words, "or which this State may keep with the consent of Congress in time of peace," were stricken. Various motions were offered, without being seconded, during the reading of the remainder of the article. At section twenty-one Judge Snow moved the following additional section: "No religious test shall ever be required as a qualification for holding any office of honor, trust or profit, under this State;" which was accepted by the committee on ordinance, etc., and approved ap-proved by committee of the whole, and section twenty-one of the original report re-port became section twenty-twd. The committee arose, reported progress, pro-gress, and asked Jeavo to fit again, which was granted. On motion of Mr. Fitch, on behalf of the many friends of Judge Haydon, that gentleman was excused indefinitely from attending the convention, in consequence con-sequence of the sad news received by him of the death of his mother. Convention adjourned till Saturday 2-lth, at 10 a.m. |
