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Show THE CONSTITUTIONAL CON-i CON-i VENTION. i lOl KTil I'AV. Feb. '11, L'ouvctjtiin called to order at 1'J a.m.; roll eii.-d; quorum pre-iMii. I'rayer by Kldcr M. H. Shipp. -lM,irrJ r, -. -ri,l r, r.mvt-d . Mr. I ieo. Taylor, ol Sanpete county, who had taken his seal on Wednesday, was a.-Mgncd by the president to the cuiiiiiiiltee on jmblic instruction. The reports ol" the com mi' tees were called fur, when Mr. ). Cannon, of, the eoiJinottre on ordinance and bill of . rights -Mr. t Ir.-on I'ratt, ol the cum-uiitlc: cum-uiitlc: on education; and .Mr. Jese N. Smith, of th-- committee on boundary, handed in reports; the oilrr commit- ; lei-s Were not prepared. Col. Hue I olfjivi the following reso- ; In! loir. 1 Kciolvet, that i his c.'U ctiL:on devote the morning hour, from II to 1-o'cloek, 1-o'cloek, to a consideration of the life aud character of tj sorgo Wa.-hington, ! upon the anniver-ary of who-o birth- lay we have now entered. Adopted, j .Mr. Filch moved that the report ol I ho committee on ordinance ami bill of ; rights be read to the convention. 1 The report was read by the scere-tary, scere-tary, and as frequent reference will be . I made to it, we publli it entire. The committee, onordinanee.thvhira- ; ! tion of lights, etc., report the follow-j ing ordinance, ju'eamble ami deelara- I tion ol' rights, and recommend their-paage. their-paage. Salt Lake city, Feb. lM, 1s72. (Iko. Q. Cannon, Jos. W."Y'ounu, i John T. Caink, A. O. Smoot, 1 Tiiouas Frr''it, F. I. Hichahds, i W.M. .Ikn'ninhs, John Uowiieriiy, j John Biiahi-. OIIDIXAXCK. We, the people of the Territory of Utah, do ordain as follows, and this ordinance shall bo irrevocable without the consent of the United States and the people Jof the State oi' Deseret. First U hat we adopt the conslitu- ! lion of the United Slates. Second That there shall be in this State neither slavery nor involuntary servitude, otherwise than iu the punishment pun-ishment of crimes whereof the party shall havo been duly convicted. Third That perfect toleration of religious re-ligious sentiment shall be secured, and no inhabitant of said Stato shall ever bo molested in person or property on account of his or her mode of religious worship. Fourth That the people inhabiting said Territory do agree and declare, that they forever diseluim all right aud title to the unappropriated public ; lands lying within said Territory, and that the same shall bo amt remain at the sole and entire disposition of the United Slates; and that lauds belonging belong-ing to citizens of the United States residing without the said State shall never be taxed higher than the land belonging to residents thcrcof,and that no taxes shall be imposed by said State ou lands or property therein belonging be-longing to, or -which may hereafter be purchased by, the United States. Fifth That such terms, if any, as tuay bo prescribed by congress as a coudition of the admission of said State into the Union, shall, U' ratified by a majority vote of the people thereof, at such time and under such regulations as may be prescribed by the first legislature legis-lature of said State thereupon be embraced within, and constitute a part of this ordinance. We, the IVople of the State of Deseret, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquility, and form a more perfect government, do establish this CONSTITUTION. Artu!e L Declaration of Rights. Sec. 1. In Republican Rovernments all men should possess their natural rights, among which are those of enjoying en-joying and defending their life and liberty acquiring, possessing and protecting pro-tecting property, and oi" seeking ami obtaining their safety and happiness. Sec. '1. AU political power is in, hcrcnt in the people, aud all free governments gov-ernments are lbunded iu their authority, author-ity, and instituted for their benefit; therefore they have au inalienable right to institute government, and to alter, reform, or change the same, when their safety, happiness, aud the public good require it. But the paramount allegiance of every citizen is due to the federal government, in the exercise of all its constitutional powers. Sec. 3. The right of trial by jury shall be secured to all, and remain inviolate in-violate forever; but ajury trial may be waived by the parties in all civil eases, iu the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree upon a verdict, it shall stand, aud have the same force and effect as a verdict by the whole jury; provhk -J, the legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdict, notwithstanding this provision. provi-sion. Sec. 4. The free exercise and enjoyment en-joyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; aud no person shall be reudered incompetent to be a witne.-s on account of his opinions on matters of his religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, li-centiousness, or justify practices inconsistent incon-sistent with the peace or safety of this State. Sec. 0. The privilege of the writ of h ibi as corpus shall uot be suspended, uuless, when in cases of rebellion or in vasion, the public safety may require its suspension See, 0. Kxees.-;ve bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be indicted; nor shall witnesses be unreasonably un-reasonably detained. Sec. T. All persons shall be bailable by sunieieni suritics; unless for capital offences, when the proof is evident, or the presumption great. See. $. No person shall be tried for a capital or other infamous crime lex- Icept in cases of impeachment, and in . I cases of the miiitia when in actual sor-" sor-" : vice, and the land and naval forces in ' j time of war, or which this State any r keep with the consent of congress n . j time of peace, and iu ca.-os of petty (larceny, under the regulation of the I legislature. 1 except on present meat or 'indictment of a grind jury: and in any . trial in anycounwhatever.tiic party ac- j cued shall be aiiowed to arrear and t defend in person, and with coucei, i as in civil actions. No jK-rsoa shall be ,-ubject to be twice put in jeopardy tor I the sauie otience. nor shall he bo 'compelled, in any criminal case, to be a 1 witness aa:nt himself; n?r to be de-' de-' prived of h;e. liberty, or proper;;.-, with.v.u due process of law; nor shall i private property be taken f; public -: use without jut compensation having . been drst made or seeuie J, except in case; of war. riot, lire or -T;at public ' peril, in which cao cmp"rjsiti'a shill be aferwirJ made. Sec. y. Every ptrn 'may freely speak, write aud publish hb. scati- j meat on all subject, beicg respocsi- ; bie for the abuse of that rlht: and no . law shall be passed to restrain or ' abridge the liberty of speech or of the i press, Iu ail criminal prosecutions and civil actions tor libels, the truth 1 may be tdven in evidence to the jury, and it' it -hall appear lo the j'iry that the mutter cLaiyi.d hb-i-'U.i i true, und was publi.-ln-d with guud motives, and for j lsliiiablc i ud.-, the p:iriy du.ll be acquitted or exonerated. Sec. lo. The people -hall have th-: ri-ht freely to a--emble t'-ther to con-ul; i'-r the cu:n:u-iri g.j...d, to tii-.-UUcl llivir rcpiv.-eiitalive., anJ lo petition pe-tition for rt dr-'-- id' ciL-v;:uee-. Set-. 11. 1 He iiiiluury hj.ll be Mlb- i Ordinate id l he civil power, and no atanditjg army ha!l be maintained by 1 thi-. Slate in rime of peace. i See -J Nn soldier sdiall, iu time of i peace, b.r qu irteivd iu any hou-e with- j I out the c-jii.m nt oi' (he owner, n r iu t lime o. ;ir, except in a manner in be 1 1 pre-eril,:-! by law. I Sjc". U. Ib'prescntation shall be 1 1 apportioned aecordmi? to population. : Scr. If -The privilege of the debtor J 1 to enjoy the necessary comforts of lilej ' :lril! be recognized by wholesome laws, l exempting a limited amount of prop- . crty lioin seizure or s:de for paywnt of any debts or liahiliii.s lien-after . i contracted ; and there lull ho uo itu- ' prisoniiuut fur debt, except in cases of fraud, lib! or s'and- r, aud no erson'i shall be imprisoned for a militia tint' in1 I Hue ol peace. Sec. U- No bill of attainder, ... I )u.-t .eo law, or law impairing the obligation coiUi'mri hallever be pas.-cd. 1 Sec. Iii, Foreigners who are, nr. may hereafter b.vmie, l-'H'i residents resi-dents of tlii- Shite, h:ill enjoy the ?i -11110 r'hjil?. in l-i.-peei to the pn.-e-.-ion, enjoyment and inhciitanee of prop'riy us nalivc-boni eitiens. See. IT. Ndther .davt ry nor involuntary invol-untary .s.rvitude, uii!e.s.s fbr the punish-1 ment of crimes, ha!l ever be tolerated in (his State. Sec. IS. The right of the p.-op!c to; be .secure in tfieir persons, huu-es, ; papers and effects, against unreasonable unreason-able seizures aud searches shall not be j violated; and uo warrant shall issue but 1 on probable cause, supported by oathj or affirmation, particularly describing . i the place or daces to be searched, audi the person or persons, and thing or, . things to be seized. 1 Sec. I Treason against the State shall consist only in levying war against it, adhering lo its enemies or giving them aid and comfort. Aud no person per-son shall be convicted of treason unless' on (he testimony of two witnesses to the same overt, act, or on confession in open court. See, HO. Tiie rij:ht of citizens to keep and bear arms, for commou defense, de-fense, shall not be questioned. Mr. 'A. Snow moved that a hundred and twenty copies of the report be priutcd. Mr. Fitch said a hundred and twenty-live copies of the constitution of Nevada were being printed, which was the basis of their labors. Colonel Ruel hoped the motion would prevail, for he considered there would be few reports of committees so important or that the members would i be so anxious to carefully peruse. i'j i. iy,imiuu uiu nut ucsirc me ui.s- j cussion on the report delayed because I of the printiug, although he was in, I favor of the printing. I iMr. Farr also favored a di-i-uion , j without waiting for the printing. I I Mr. Cannon said the changes in the : report from the constitution of Ne- i vada could bo supplied at the opening of the afternoon session. He also explained ex-plained that the committee had not slavishly followed the constitution of Nevada, but had consulted other constitutions. con-stitutions. An amendment was adopted to have! the alterations printed and inserted iu the printed copies of the Nevada cou-: cou-: stitution. I A motion that the report be referred to committee of the whole was adopted. I Mr. Filch called for tiie reading of the other reports, j The report of the committee oneju-: oneju-: cation was read and referred to com-! com-! mittce of the whole. I The report of the committee on : boundary, Ac, was read aud similarly referred. The president anuouueed that the order of business for the morning hour was i he consideration of the life and character of Ueorgo Washington. Colonel .liuel was called upon for a speech, and explained that he was suffering suf-fering from a cold on his lungs; besides, be-sides, he was possibly as unlike Washington Wash-ington as any gentleman in the hall, for he had told a lie (a very small one, of course) and he had never cut down a cherry tree. Mr. F. Fuller, having just entered, was called upon for a speech. lie inquired in-quired what the resolution was, and being inlbrmed, said he had never had tho pleasure of meeting Mr. Washington; Washing-ton; but being called on "thus unexpectedly," unex-pectedly," ho would read from the notes which he bad been at his office preparing for the occasion of which he had been previously notified, j Laughter Laugh-ter and applause. lie then proceeded to deliver a yery eloquent eulogy on Washington. Ex-Governor Fuller was followed .by Col. T. P. Akers, Hon. T. Fitch aud Mr. Daniel Tyler, who each paid a brilliant tribute to the memory of the illustrious Father of his couutry. Hons. Ursou Pratt aud Jonathan C. Wright also made a lew remarks, and the convention took a recess. p.m. On motion of Mr. Fitch the convention conven-tion went into committee of the whole, with the president in the chair. The motion was reconsidered so far as related to the president occupying the chair; and Col. Fuel filled the position. po-sition. The report of the committee on ordinance, or-dinance, c, was then taken up for consideration, by sections. Judge llo-:re moved to strike out the word ''f'eserct" from the first section, j and substitute "Utah." : Mr. Fuller advocated the motion, holding that though there might be some reasons of which ho was not aware, for clinging to Pescret, it might be u?ed by some parties against the object of ihe convention, and he was in favor of the old, time-honored name ofj j L'tah. I Judge Snow referred to the meaning! ot'Uie word Deseret ''honey bee" i j and associations connected with it I j which made it dear to him; yet he had! no particulrr objection to perpetuating i the Indian name of l7tah. Uees werej j industrious and orderly, and so far as! i file meiro'nrr ,ii'fli,- lunnl n-is ,-nrMrnnil 1 j it would seem applicable to the people; j yet he was uot extra anxiously in favor . of either name. i Mr Orson Pratt said there was a se-I se-I nous objection to changing the j name of Pescret to l'tah. It con-' con-' listed in the cay orthography of the ; former when compared with the latter. ! It was impossible to spell Djseret in 1 anything but one way, and a the name of a State appears ou ail eommunica-tionssout eommunica-tionssout to the people of it, there ! would be comparatively little chance to 1 make mistakes in spelling it: while Utah lean be spelled in some twenty dluer-, ways. This was one of his reasons for retaining Peserei. If the ancient Indian In-dian nauo was to be retained, Iil- would favor that o! Pesnt which he be-; itcved wa- ;ti:i much more enrieat than Utah, ru'miag 1-ajk to the time ef the buiiatag ot cul to-er ei Bale I. Mr. Firi-jr said it wjs known h.-w easy it was ;.a a :tua!; ma;:er to b;;:i : a tircE!; atumsct. This wa-a small in-itcer. and yet it could be u.-'-d by tbe enemies ot' the State gijverneut.. The gentleman '.Mr. Pratt) saii it was au-ctent, au-ctent, and that was his principal oijvc-tion oijvc-tion to iu The word might be as old as the tower of Babel, but he sug-. gcs:ed that things were a little mixed about that time, that words brought sluwn from the tower of Pal-"! could : p --ibly 1-e improved. Mr. C'uiiU'Hi, of the cummin, e of ordinance, explain 'd why th,? Word was adopted. Mr. Fitch was in i'avor of Deseret, ' for it wii held to m-.-an a honey bee ; while I tali had reference to a dirty, ' thieving tribe of Indians. It was also more euphonious than Utah. ! ticneral Harnum admitted the l-u- daony of Pescret, but a majority of , j eople woie not con-muted as lie was, : or while he was willing to accept I'es- I ret, should il be adopted a howl touM be raised uti the streets of Salt ' jakc and l-e carried over the country t ' hat the Movuions had borne otl" the 1 lonventiun, because thi., word had been , ' ir.-l u-ed by ihe Mormons. While he . ! iked the umuu of Dcheret as a bimple 1 ' :o:nbinatii;ii uf letters which many i ooked upon as a corruption of the ! i tford desert, and having n-f-rcnee to i ' he "great American lH"--ert" yet he ! : lid think, with the old adage "give a -log a bad uame," that tho low, petty, I 'on I em pti hie prejudice against that ivord, would be an obstacle in the way I jf accomplishing the objects of ihe j invention iu sccurinir a State. i;c hoped the name of Utah would, be ' -uh-'tiiuted. i Mv. Miner w.is partial to the name ', of Peserei, :n d i.ne rca-ou wliy he: wished Utah could he blotted from , hiMory was because of the many un- j founded slanders perpetrated concern- i ing il. Vet the triine of Utah appears j on :d unips of tin; Territory, in all I public archives where reference was ' iiiudu to ibis purl of the country, and i in all public record-; and llic.-e he eon- i si lered strong reasons for relaiuing il. If P.weret could not be retained he would prefer Argeula; yet in view of all the circuuntaucjs he would vote for Utah. Mr. Petiresj raid he wa-' a young man from the country; and if the members of the "cow counties" had not spoken much yet they "had kept up a devil of a thiukiug.'" lie favored favor-ed Deseret becau-e it was d- ar to his constituents and lo Ihe people of Utah. If congress should refuse to admit the Slate because the name of Peseret was adopted, lie should have but a poor opinion of its intelligence. If there was as much bad odor attached to Peseret as to Utah he was not aware of the fact. lie did not think popular clamor should be bowed to; Peseret was a good name; it meant something tood; aud he was in favor of it. Should ihe ; name be rejected he was saii.-fied his constituents would greatly object lo I tho constitution. Mr. Tyler reviewed the objection iraiscd by Mr. Fuller of a State govcrn-J govcrn-J ment having been provisionally or- gaui.ed under tho name Peseret, and j that a Territory had followed it in j which the name was set aside. Copies jol'the laws of I he Territory, he said, have to be furnished the government -at Washington, and th-.: Ui-.vs passed pass-ed by tho provisional Shito adopt-jed adopt-jed by the Territory were so sub- right, but one oftho.-o laws was re- jected ot repealed. This did not make a showing against the name, still the State of Peseret. The pn j jdice against the name, lie (houghi.was not so strong I as that against the people, lie be- J licved Pescret should be adopfed, and would vote lor it. Mr. Miluer, of Utah county, said his constituents were proud of their iu-I iu-I dustry of which the honey bee was ! symbolical, and proud of the word j Deseret, yet they could be just as worthy, jut as industrious, just as reputable under the name of Utah as of Peseret. lie was iu favor of the name Utah because it conveyed to the country at large an idea of the majority of ihe people, because there existed a prejudice against the assumed sectional-ity sectional-ity conveyed iu Pescret, and because Utah had a mere cosmopolitan sound to the world at large. Mr. Sanderson, of Sanpete, said he was satisfied his constituents were decidedly de-cidedly in favor uf Peseret, and he would vote for it. Mr. Rich, of Pich county, had uot heard any arguments advanced yet of sufficient weight to iuduce him to change from the name presented by the committee; aud he would vote for Deseret. Mr. Candland expressed himself in favor of Utah. Judge liogo believed he had drawn all this thunder. So far as names were concerned he was not particular, lie reviewed some remarks of Mr Penrose, Pen-rose, who had expressed the opinion that if Congress should refuse to admit the State because of the name oi' Peseret Pes-eret ho should have a small opinion of their intelligence; yet had indicated that his constituents would reject the constitution should it not bear the name of Pescret. There was a prejudice preju-dice against the name, and why should not this prejudice be rendered inocuous when no principle was involved, or would be sacrificed. Mr. Morrison, of Sevier, had never heard so much discussion concerning a name. He was from tho borders of civilization; had been absent for some years from city life, and changes were taking place which to him needed some explanation. Names were changed bowing to popular will. Tubs city was once called Great Salt Lake City, although al-though it is a greater city now than when it had the word " Great " pro-fixed pro-fixed to it. After a pointed and humorous hu-morous speech, Mr. Morrison avowed himself in favor of Peseret. Mr. Hatch moved to refer the name back to the committee. 'Mie mothfu was ruled out of order. The motiou to change the name Deseret to Utah was then put and lost. General Parnum having business outside retired, requesting 'Mr. Orson Pratt to occupy the chair on the rising ris-ing ol' Ihe committee of the whole. The fint section was then declared adopted. Mr. Miner moved to amend the second se-cond section, which provides for adopting the constitution, of the United Stales by adding "providing "pro-viding it docs not conflict with the constitution of this State," (laughter.) ; lie explained that he was opposed to the grand jury system and desired to see it abolished. The motion was lost. The second section was declared adopted. The third section, ou an amended motion, offered by Mr. O. Pratt, had ' the words "reliirious sentiment" I ! altered to "religion," and was so ( adopted. A motion was made to strike out the first four lines ot' section fourth, on which au explanation was offered by j Mr. Fitch, that the language in ques-i ques-i tion merely preserved to the United j States the proprietary right to the unoccupied un-occupied public lands, and did not interfere in-terfere with any other right-; and the , motion was lost. ! On the rcadiDg of the fifth section a motiou was made, and seconded, to strike it our. Pending the discussion on the motion, the committee rose, re-jxutcd re-jxutcd progress to the convention, and asked Lave to sit again, which was granted. Convention :juv::.vd till Friday, -'t J. at W a.iu. |